The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-02-01

The doubt hitherto existing as to wheth-
er criminal cases arising in what is known
as the north half OF the Colyille Indian
reservation. in this state. came under Fed
eral or state jurisdiction. was settled yes
terday afternoon by Judge Hanford in the
Federal court. He held that the land in
yolyed had been restored TO the public do
main, thereby becoming part Of Stevens
county, and that the Federal authorities
had no more authority Within its confines
than they did in any other part Of the
state.
Stevens county. as 70 later than last No
vember the department OF the interior no.
tilted the county officials that the north
half OF the reservation was still reserya-
tion Notwithstanding the fact that IL was
open TO mineral entry. and that they mad
no right to assume control over II.
Under Judge Hanfords decision it would
naturally follow that Stevens county can
now proceed 10 extend county roads and
do other work in the nature of public inn
proyements. The north half of the Col
VILE reservation now being acknowledged
II be under the control OF Stevens county
dIuS Il territory 10 TIE county almost
large that portion of land hitherto rec
ognized as Stevens county
Up TO the present time the Federal au-
thorities. through an Indian agent and In
dian police, have assumed to exercise au-
thority IN the disputed territory So IL was
that when A. Mishel, a full-blooded Indian.
was accused of assaulting another Indian
named Wall Ochen. I'm the north half OF
the Colville reservation last December. q
Drt f1,. h,
fore United States Commissioner Marshall
in Spokane. The technical charge was as
sault With Intent to commit murder Mishel
was arrested and taken before Commits
sioner Marshall, who held that he had ;ur-
isdiction. Mishel was remanded TO jail TO
await the action of the Federal jury. which
viii meet next spring.
short time ago Mishels friends nlaced
the case in the hands OF F. c. Robertson.
formerly assistant United States district
attorney. Mr. Robertson Is now resld-
ing in Spokane He looked up the law
and became convinced that the Federal
authorities had no more right 10 exercise
authority In criminal eases in the north
half of what is known as the Coivillt
Indian reservation than they did In Other
parts of the state. Ii his position was
correct. it then followed that the au-
thorities OF Stevens county were the
proper persons TO proceed In criminal
eases.
Yesterday afternoon Mr.. Robertson went
before Judge Hanford in the Federal
court in this city and applied for a writ
OF habeas corpus for the release of
Mishel. He argued the case at length,
tracing the course OF events since con-
gress, in July. 1892 opened the north half
of the reservation to mineral entry. but
Withheld the right TO make homestead
entry. He spoke of the case OF Collier
vs. Babb. wherein the Federal court held
that a settler could not be removed from
the land in question. He argued that
the land had been restored to the public
domain. and that being the case. ii did
not remain as Il reservation. and the Fed
eral authorities had no more Jurisdiction
than In any other part of the state
Judge Hanford decided that the United
States commissioner who had held Msshel
10 await the action of the grand jury
exceeded his authority. He ordered that
Mishel be turned over to the sheriff of
Stevens county on demand. but II the de-
mand was not made within five days.
then Mishel should he given his liberty
under the writ Of habeas corpus.
Attorney Robertson was seen by a Post
Intell.geneer reporter last evening short
time before he left for Port Townsend.
He said that the case of Mshel was very
important to the people of Stevens coun-
ty. 1T settles" continued Mr.. Robert
son THE doubt which has existed as to
the power of Stevens county TO control
the disputed land Under Judge Han
ford's decision the county officers. and
not the Indian police or reservation agent.
control things The county can now
proceed with roads. issue licenses. etc.
The settlers on the land viii he greatly
interested in the decision because up 10
this ii&e there has been doubt "a 10
whetherNihe Federal authorities could re-
move them at pleasure