The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1901-01-19
STATEMENT

An important decision by the
secretary Of the interior in the matter
CT the conflicting claims of the white
settlers and the Indians in the Day
ton Creek country, has been received
at the local land office. The Indians
claimed the land occupied by the
white settlers as part of their reserva-
ton. The matter was heard at the
local land Office and decided in favor
of the Indians. The white men ask
ed for rehearing which was denied.
Appeal was taken to the general land
office which affirmed the decision of
the local Office. The secretary of the
interior has, however, reversed the
two lower authorities and has ordered
a rehearing of the case which has
been set for March IS.
The secretary's decision recites at
length the cause of the trouble, and
it makes interesting reading. 1t is,
in part, as follows:
The facts are detailed at length il
your office decision in the Proctor
case, and may be condensed as fol-
lows:
The land in question lies immedi-
ately north of the Flathead Indian res
ervation, created by the treaty OF
July 16, 1855, the northern boundary
|of which was not established until
1887.
1t appears that the Indians believed
that their reservation included town
ship 25, in which this land is situated,
and were not informed to the contrary
until November, 1890, and SO continued
to occupy, in tribal way, the land in
said township, until January, 1891,
when they were advised by the In
dian agent that it would be necessary
in order to secure their claims outside
of the reservation to fence and i'm
prove the same. Thereupon "about
seventeen Kootenai Indians, heads of
families, commenced fencing and i'm
proving the lands claimed and occu-
pied by them" Thereafter, October
2S, 1891, applications for allotment
covering the lands in controversy, and
other lands similarly situated, were
made by these Indians. These allot-
ments were approved by the deparr-
ment May II. 1892. but patents were
not issued because at that time the
land had not been surveyed of this
township and completed, but these al.
lotments were not adjusted to the
survey until October 8. 1898.
Sometime in 1898 (day not appear
ing in the record the local officers at
kalispell, in which district the lani
is situated, gave notice that the lands
in this township would be opened to
filing and entry after July 10, 1893,
and on that day Proctor applied IL
file pre-emption declaratory state
ment for the land claimed by
him. in which he alleged settlement,
March /, 1890 The register and re-
gister and received rejected his appl;-
cation because, as it appears,
they had been olrected by
telegram from your office, July
u, 1898, to allow mo entries by
whites until Indian claims are adjust
ed to official surveys"
Proctor appealed, contending that
as his settlement was made in March,
1890, and that as there was at that
time no evidence, record or otherwise
of an adverse claim by Indians or
others it was error to reject his appli-
cation without giving him an oppor-
tunity to prove his prior right to the
land. With his appeal he filed his
corroborated affidavit, in which he set
out his connection with the land, AMI
which is as follows:
c. E. Proctor, being duly sworn, on
oath says that he is the same c. E.
Proctor, whose pre-emption d. S. ap-
plication for the above described
lands is now pending, on appeal, be-
fore the commissioner of the general
land Office. Affiant says that prior
to March 1, 1890 he and one John
Casey, whose claim adjoins his and is
in the same condition, made a private