The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-09-09
MINNEAPOLIS NOT
IN 'PROHIB' AREA
Indian Treaties Do Not Affect
Minneapolis Saloons Unless
Thru Law of 1897.
BY w. w. Jermane.

Washington, Sept. 9.-The opinion
Attorney General Moody rendered last
March in the Funk case and referred
to in these dispatches yesterday, only
includes the land embraced in the In
dian treaty Of 1855. This treaty abso-
lutely forbids the sale Of liquor on the
lands which it disposes of, and accord
Funk opinion will apply to the treaty
of 1868, which embraces the north
western corner Of the state, roughly
speaking, Beltrami county and the
country west of it to the state line.
The treaty of 1855 embraces land as
far south as the northern edge Of Mile
Laos lake, including the city of Brain
erd. It's southern boundary west OF the
the Mississippi river is the Crow WING
and Leaf rivers to Otter Tail lake.
whence it runs northwesterly to Buffalo
line of the state. East Of Mile Lacs
lake this boundary runs thru the south
ern part of Aitkin county approx
mately to the SD parallel of longitude.
It follows this parallel in general way
to a point about fifteen miles west Of
the southern shore of Vermillion lake,
and it follows the Vermillion river to
the northern boundary of the state.
In none Of the other treaties is pro-
hibition mentioned, except in the
treaty of 1854, which embraces Lake,
Cook and parts of St. Louis, Aitkin,
Carlton and Pine counties, and in this
treaty, while the sale Of liquor is for
hidden, no penalties are prescribed and
there is no citation to any specific
law as there is in the treaty of 1855.
Minneapolis in Sioux Area.
Prohibition is not referred to in any
of the Sioux treaties which, roughly
speaking, embrace all that part Of the
state south Of diagonal line running
from a point just north Of Moorhead,
and just south Of Alexandria and st.
Cloud to Maple Island in Washington
Minnesota and Wisconsin,. Minneap-
oils and Fort Smelling are well within
the Sioux grant, which extends from
those points northwest almost to
Princeton. Duluth is in the territory
embraced in the treaty of 1854, above
referred to. The western boundary of
this territory extends to a point about
half way between Duluth and Grand
Rapids.
| No government officials now in Wash.
ington are prepared to .lndorse,, otf-hand
the opinion of Congressman STEVENSON
and District Attorney Houpt that the
prohibition district extends as far soutI
as Fort Smelling. At this distance il
looks as if these gentlemen are relying
upon the provisions of the act of 1897
which forbids the introduction or sale
of liquor in the ''Indian country Oh
course, all the state was once. In
dian country,' and was secured 70!
white settlers thru a series Of treaties
some of which provided for prohibition
and some of which did not.
1897 Law in Question.
The department Of Justice Is not ye
ready to say that it Endorses the sup
: position that the act of 1897 apple
to those treaties in which the iquo
question was not mentioned. Still, tina
act seems to invite decision by tn
courts Of last resort as. to just hoy
much of the state is embraced in tn
desert tion, ''Indian country, ~ whlc
is used in that act. II
Mr.. Leupp, the Indian commissioner
is anxious to have the courts pass upo,
the question at the earliest possibl
moment. He is not clear: as to hoy
far the law of 1897 extends, altho h
is inclined to hold in advance Of
decision Of the courts that it covers tn
Funk case. The assumption here is ths
the Funk case will be made test cas-
and pushed up to the supreme cou1
as rapidly as possible. In the meantlm
it is not likely that further prosecl
tions will be instituted.
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