The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-07-08

Hhat Is, 1T Is on Section 16. bn+
Uncle Sam Has Not Yet Dao,a,
About the Section Numbers Ia
and 36 In Indian Reserv.+,o
Ceded Since Minnesota became a
State.
1he developments in the Cass I,aka
controversy during the last few davs have
put an entirely different aspect to +bo
matter, that may lead to a sneedv CO..
tlement.. One half of the town site .,
Cass Lake is situated on section 1S of
town 14S, range 80, which is claimed bv
the state as school section under the
act OF congress which grants two sec-
lions In each town to the state for school
purposes. The other half of the town
Is on government Indian land.
Inc state has for eight years been con-
testing the decision of the land office that
helo that the state had no claim 10
schooI sections on ceded Indian land.
WITHIN the last month the interior de-
partment has sustained the position taken
py the land department, and as a final
recourse the state is to carry the matter
to the courts.
While 1t will be greatly to the stata's
interest to secure title to the land a
decision in favor of the state would oh
Viate the necessity of the evicting order
of Indian Agent Mercer being put into
eHect' except as 1T would apply to that
portion OF the town which is on section
15. OF course the order would be OPERA
tive as far as that is concerned. but as
the business portion Of the town and
most all the store buildings and quite a
number of dwellings are on section 1e
which Is claimed by the state, it would
work considerable less hardship than If
everyone was driven entirely off the res
ervation.
State Auditor Dunn has turned the mat
ter over to Attorney General Douglas.
and as a result of a conference held early
in the week between former ATTORNEY
General Childs, Tim e. Byrnes, Albert
Berg and Senator Davis 1t was decided
to Immediately carry the matter up to
the courts, and endeavor to secure an
early decision.
1t is the opinion of all the gentlemen
present that the states claim to these
sections is a valid one, as well as all
other school sections on the Indian res
ervatiens and that the contemplated
proceeding would also be an easy way
out of the Cass Lake controversy. Sen
ator Davis will perhaps take no active
part in the prosecution of the case be-
cause of his official connections, but the
firm of Davis, Kellogg and Severance VIII
act with Messrs. Childs, Byrnes and Berg.
Should the state get title to the section
to
fund in addition to title to all the other
sections that would be acquired under
the ruling on the three ceded Indian res
ervations.
The history Of the Cass Lake trouble.
in brief, is this: The townsite was
plated several years ago, and for soma
time but few people located there. As
the town is on the reservation no
liquor is supposed to be sold. and as a
result 1t is a reasonably orderly place.
The Great Northern railway built its ex-
tension through and the town grew un-
til its present numbers are very close to
800. The relations between the Indians
and the whites have been fairly peace,
able, and the former found a ready mar,
ket for their berries, maple sugar and
other articles of Indian commerce at tho
stores In the town. However, of late
it is said that intoxicants have been
smuggled through and sold to the In
dians on the quiet These reports came
to the ears of Indian Agent Mercer from
time to time after he took charge, just
after the first of the year. Then, too.
the wholesale cutting of green timber
under the dead and down act caused con,
siderable complaint and started two del
egations at different times since the
first of the year to Washington to report
the matter to the great father. During
the spring the order Of the interior de-
partment advertising the sale of the
reservation pine May 81 caused further
dissatisfaction among the red men, The
sale was postponed owing to the influence
of prominent Minnesotans who foresaw
that the sale would unquestionably bring
on further trouble with the Indians. Dur
ing the early part of April further timber
operations under the dead and down act
were ordered suspended by the interior
department, pending an investigation OF
the charges of piracy which had in the
meantime been preferred against the
loggers on the reservation. Special
Agents Nessler and Jenkins were sent Is
Walker, where they conducted an inves,
tigation of the charges and have but re,
Gently made their report to Washington.
All these things had a tendency to mako
the red men feel that the whites were
encroaching on their territory, and as IL
result of the many complaints Indian
Agent Mercer recommended to Washing
ton that all whites be removed from the
reservation.
The department took cognizance of the
suggestion and authorized the order
which directs all the whites to leave tho
reservation before July 28.
If the time is extended as has been
requested by Senator Davis and Congress-
man Morris it will give the state time
to make test case of the matter in the
courts The legal talent employed by
the state will prepare briefs shortly.
Some time ago a squaw man named
George Lydick made application for an
Indian allotment on section 16, the pres
ent site Of the town of Cass Lake, but
within. the last few days the Indian
department has given a decision that
neither he nor his family are entitled
to the land as they come from the White
Oak Point reservation and should make
their application for lands on their own
reservation. The handy disposal OF Ly-
dicks claim makes less complicated the
claim of the state to the land Should
the state win, the settlers would Of
course be compelled to buy the land, but
it could be secured on easy terms, and
in that WaV fhev UOu1d have clear titia