The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-09-08
LOCAL SALOONS
ARE UNLAWFUL
Continued from First Page.

Continued from First Page.
possession could be seized under the
provisions Of the revised statutes.
After stating the questions asked of
MIN, the attorney general quoted from
section z Of the Chippewa treaty Of
1920, which, among other things, pro-
vlded that the laws which have been
or may be enacted by congress regulat-
Ing trade and intercourse with Indians
are to continue and be in force within
the several reservations herein referred
TO, and those portions which prohibit
the 1ntroduction, manufacture, use Of
ana traffic in, ardent spirits, wines or
other liquors, in the Indian country,
shall continue and be in force within
the + entire boundaries Of the country
h ne coded to the United States, I'M
TIL otherwise provided by congress.
May Proceed cri1ninally.
q" My attention. has not been called
to any act Of congress inconsistent with
the continuance in force of the above
quoted provisions Of the treaty, by
which the Indians ceded the country
MI. Moody says in conclusion. 'Ac-
eord1ngly L am Of the opinion that,
first, an introduction Of LIQUOR into a
territory coded by the treaty Of 1858
would be in violation of article there
CT, and section 2l39 of the Revised
Statutes, as amended, and that, second.
IN any such case proceedings may be
taken In pursuance of the authority
conferred by section 2l40 Of the Re-
v1sed statutes, and if deemed advis-
able, criminal prosecutions may also be
ton $780,
"section 214o of the Revised Stat
vides for the seizure of the LIQUOR Reld
by any person who attempts to sell
to an Indian, or which is found on
| any land in the Indian country.
section 2l39 provides for punishment
for violations Of the law forbidding
sale OF liquor to Indians or on Indian
| lands.
"The governing feature Of the whole
case appears to be article of the
treaty OF 1855, which places nearly all
northern Minnesota that was formerly
embraced in Indian reservations on a
prohibition basis. Under the opinion
OF the attorney general, sustained by
the court in the Funk case, the opin-
| ion here is that Major Scott, Indian
agent at Leech Lake, may proceed
| against all liquor dealers in new towns
and in some Of the older ones which
| have been established on what was
formerly Chippewa Indian lands Since
| Major Scott has been in charge at
Leech Lake he has been active in his
attempts to suppress the liquor traffic
among the Indians, and in special and
regular reports has called attention to
the lack of public sentiment in sup
port Of his efforts.
1t is assumed here that the liquor
interests, having so much at stake, will
put up a strong fight against this con-
struction Of the law. The government
Will contest every point, and it is ex-
peeted that, no matter which side wins
in the earlier stages, the case viii
eventually reach the supreme court. -
Congressman Halvor STEVENSON of
Crookston also calls attention to the
scope Of the Indian treaties. He says.
/ All in Same Boat.
a. Crookston, Bemidji and Cass Lake
are not the only towns that will be dry
if this law is enforced. We do not OBJ
ject to the enforcement Of the law, but
the Indian country treated alike. We
are not the only pebbles on the beach;
there are others, and, If I am not mis-
taken, Minneapolis is one Of them.
"The treaty under which it is pro
posed to confscate liquor on sale ii
| Crookston, Cass Lake, -Bemidji, Foss
ton, Walker and other cities was made
! in 1858, when that country was cedet
! to the United States. One Of the pro
Of liquor should be prohibited in tn,
territory coded until otherwise provid
Led by congress or ordered by the presi
I dent Of the United States. =, =
But there are two other ctreatie
which contain the same provision am
which cover practically all Of Mime
sofa north Of Fort Smelling. The frs
Of these treaties, signed Sept. 80, 1854
eeeded to- the. United States the LAX
the northwestern part of Wisconsin. Ar
ticle VII OF this treaty reads as fol
lows:
20. I" No spirituous liquors shall b
made, sold or used on any of the land
herein set apart for the residence Of tn
Indians, and the sale Of the same shall
be- prohibited in the territory hereb.
coded until otherwise provided by cor
or TO- ordered BY the re- PRECEDENT 4Sa
strictly enforced, all liquor in the LAX
: Superior country will be seized by tn
government.
"The second treaty was signed Eel
22, 1855, and provided for the cessio
of the territory east Of the old Re
Lake reservation and south OF the vii
Rice river. This, I believe, covers tn
territory running as far south as Fol
9 Smelling, including Minneapolis. Art
Gle VII Of this treaty provides:
The laws which have been or ma
9 be enacted by congress regulating trad
: and intercourse with the Indian tribe
: to continue and be in force within an
: upon the several reservations provide
for herein; and those portions Of sal
laws which prohibit the introduction
manufacture, use Of and traffic in a
dent spirits, wines or other liquors
the Indian country, shall continue and /
in force within the entire boundary c
the country herein coded to the Unite
States until otherwise provided by COZ
; gress or ordered by. the president.
Treaty Held Valid.
= "That the provisions of these tire.
ties prohibiting the sale Of liquor in til
territory coded is valid has been d.
8 cided twice by the United States 81
preme court in the case Of the Unite
States. VS.. Forty-three Gallons {
Whisky. That case originated in til
seizure Of the stock Of goods Of Barna1
Laravier Of Crookston by the Unite
States marshal in 1872, made on til
q ground that the liquor was introduce
q contrary to Article VII of the treat