The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-11-25

advised the department that in his onln-
ION the case should be dismissed. bat be-
fore taking Ana action he desired 10
bring the matter 10 the attention OF the
department, and requested that this office
be directed TO state any reason why the
course suggested by him should not be
adopted
In a report 10 the department. dated May
:, 1883 the office OF the commissioner Of
Indian AFFAIRS. after reeiting the history
OF the matter. stated that (. vas deemed
best 10 leave this matter to the good tidg-
men; OF tne department. OF Justice waich
was perfectly familiar with the pleadsngs
and testimony. as well as the law tn the
case and the office would RELY uD0n that
department 10 determine the matter wise
ly in the Interest 81 right aud justice.
May :. 1889. the attorney general stated
tnas after very careful consideration OF
the question involved in me case ne had
/ concluded that It suit could not BE main
tanned In the supreme court He, there
fore. on Nay =. 1sss. submitted a motion
| TO the court to dismiss she appeal OF the
government therein. which was granted
| This action was based upon q stipulation
entered into with the opposing counsel
| which. after stating at length the facts as
Sc, ioFtn In previous correspondence with
the department. concludes follows:
Treaty Not Construed
'ssFANASfEs Us ~ SASIaarHfiE appears
| from the facts TN the record that The
| traps and other appliances az the Alaska
Packers Association, adjacent 70 Point
Roberts reef as now constructed with
| end openings and lateral passages as PRO
| vfded by the laws az the state of Washing
| ton, do not interfere with or deprive the
| i.arnmi Indians Of the enioymen; OF the
| fishing rights claimed by them or By the
/ United states on their behalf 90 be guar
| auteed by Article Y Of the treaty OF 1855
| and "a there Is therefore, now left for the
decision or the supreme court only moot
| question as To the proper Interpretation
| OF the said article OF the treaty mention
| 81. which, under It's DECISIONS. the court
would decline 10 entertain and consider
| upon the record In this case il Is there
| fore ard hereby stipulated by counsel for
the parties hereto that the appeal herein
| shall be dismissed. hut without pref,It9lcs.
| 20 or waiver by tho United States % the
| right hereafter 10 seek construction az
| the article Of said treaty aforesaid and
| 10 entoin the construction and maintsr-
| ance Of traps or other fishing appliances
| in any case u here The same shall he here
after 50 constructed or maintained by any
| person or persons TO deprive the In
| dams CT such rights a. they or the Uairsi
| States on their behalf may claim said In
dams are legally entitled 10 enjoy under
the treaty aforesaid =
-
az far as II Was possible tn do so. such
rights as the Indians may have were not
waived by the dismissal II the case.
Reservation at Coi~fIir.
In October, iS9s. instructions FOR the
guidance ~ Harry Humphrey who had
heen appointed a special agent 10 make al
iotments on TIE north half Ct the Colvtile
reservation. under tbs act Of July / lsa2
were submitted 10 the department They
We're approved October L. iSaS and shortly
afterwards IL entered upon duty. sep
TENDER - isn BE- reported that he had
made 80 a;iotments,
Representations having been male 70
the department that there was urgent
need for opening the north half et the
Cels.Iie reservation to p0bige settlement
a: the earliest date practicable William
f.. Cassou ar experienced SPECIAL a3l9t-
iirr agent. was designated By the depart
naent 10 assss: m this work ana july IL
1889 &c was instructed accordingly. Sep
tefnhe- - he reported that he had made
sfghty-six aliotments Special Agent Hum
phrey estimated On May that thete we're
81 alIotmsueS IL be made
owing % ;he fact fhst th. Indians are
scattered over a large extent ~ terr.jery.
and thu communication between various
points Is alffeGlt. the ~ork Is neCeSsarti
slow Special Agents Humphrey and CAS-
ser have besa instructed 20 prosecute 4
~lsn the utsnost Vigor
Yy act or congress. approved jana i
8SgS. tire Washington Improvement ard
IAes e}egulens CoEurasY WIS granted right
- nay through the Colviile reservation
beg-sun.rK at 4 point 81 the Columbia river
cear the mouth Z Sans PQtl river, ram
alug thence ia 4 northeriy direction 10
lsssrt "a township 8 uorih. - range =
@8sr " li.sRset;e meridian thence nartn-
svsX 81 r9tnt near the mQath Y CUfies
creek. thence neFthcrfy - The Information
a boundary Pre- between British Cc3Jrs-
ani yhe state q Washington. subject
- the as0M car8lts1us THREE maps %
Sc aaise location - ire eanap2uEs liys %
yoaA tafoBwh Sat# reservation safsafssHf-
trw 81 she Sc&Eaeriv ena * Carlsx IA ke
ara extending IN q general sggtasr.y a.
rwttfen go the Columbia river near ths
sEs-ueh ~ SAns ro.l river hasa been ap-
rfoFe- by the Department.
Fostmasters Appoinred.
YlssraaSse~% hsve today been appointed
fs~ n sShEGgtTn fost9s-s. EsGtn =
u&Vs Aatan1ns. Yakima ceaaty. vice Ar
aTeN J. s'aatzesT@ resigned T|hsress 4.
ReFEa reySsAgs Springs kEc~Sp cOaEfy
v1ce hAge -. AraNid, rssa - ed. MTs May
. : Gaay, Gseseks4l. Sss11os1s.sA eoGasy. wee