Lewiston inter-state news. [volume] (Lewiston, Idaho) 1905-1906, 1905-05-12
News Of Idaho Towns
JUDGE BEATTY OPENS COURT
Refers to Sweeping Decision Relative
to Sale Of Liquor to Indians.

The United States district court fol
the northern district OF Idaho convened
Monday. United States Judge Beatty
Marshal Rounds, Attorney n. NJ. Ruick
and Clerk A. L. Richardson are present
from Boise. From the opening Of court
until after II o'clock the time Of the
court was consumed in hearing mo-
tons. making orders and setting OF
cases. awaiting the arrival OF the grand
jurymen. The grand jury was organic
ed by the appointment Of Andrew o.
Christensen. Of Genesee, as foreman,
with the following members: William
s. Frye. Lewiston: Harry T. Steele.
Genesee: c. F. Albright. Frank w. Ga
no, Matthew Miles and G.. r. Gossett,
Moscow: J. H. Vedevig. Troy: Ralph
Strong. Cora; A. N. Cloverdale, Gen.
esee; William A. Buchanan. Cornwall:
Fred Taylor. Charles c. Miles. Webb;
J. L. Unizcker, Weslake: John F. In
gram, Lewiston; Chambers Mustoe,
Southwick; G. w. Chapman, Troy, and
c. A. Matlock. Kamiah.
The feature of the empaneling Of the
grand jury and one that attracted
much interest, especially among peo-
pie usually connected in some way with
to make up the principal part Of the
criminal calendar. was Judge Beatty's
instructions to the jury on this point.
II am not certain. gentlemen, as to the
full effect of the recent sweeping de-
cision of the supreme court Of the
United States relative to the sale of
liquor to Indians. While the decision
is far reaching one. I am Of the opin-
ion that it does not go to the extent
Of excusing person from prosecution
for having. in violation OF the act of
congress, introduced liquor on the In
dian reservations. You will be guided
by the advice Of the United States at
torney in this matter. who has looked
into the legal phase OF this question:
United States Attorney N. NJ. Ruick,
In an Interview said: II am going to
prosecute every case where liquor is
taken onto the Indian reservations in
Idaho. II liquor is taken onto the re-
servation and sold only to white men,
l hold it is in violation Of the law, not
withstanding the recent decision OF the
supreme court. There is no question
but what liquor can now be sold off
the reservations to Indians the same as
white men, providing they are allottees
or lands. but II they are not allottees
this could not be done legally"
1t seems that this recent supreme
court decision is effective in more WAYS
than at first supposed. Attorney F. r.
Fogg. of Lewiston. who is defending an
Indian charged in the federal court
with arson. has raised the question Of
the jurisdiction OF the federal court on
the ground that his client has ceased
to be ward of the government and is
citizen OF the state Of Idaho, which
alone has proper jurisdiction OF such
criminal eases.
Many Of the mining cases will be
continued for the term. and the same
OF some railroad cases.
The demurrers in the Occur d'Alene
cases. wherein the mining compa MES
are being sued by the farmers along
the rivers on account of hiving their
farms overlooked. is being argued, and
II is thought all ofthe cases will depend
on the outcome of one.
SONY other important civil cases
cases are to be tried this term. includ-
ing that of the Potlatch Lumber COM
pany against several Of the counties in
idaho. who seek to avoid the payment
or taxes on timber standing on state
lands.
me usual number of visiting attor-
neys are In attendance Among them
were noticed +. T. Post Albert Allen
D. r. Babb. j. p Gray, r. f. McFar-
land. l. N. Smith. c. w. Real 7 r