The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1908-06-02

senting to being put off their lands.
Dominique Te-Kom-Tarl-Kin whose
allotment was obtained by Moore. re-
ceived for his land some sort of a
paper, the exact nature of which was
not made the subject of judicial in
depreciation as the case brought in
his behalf was decided by Judge
Whitson on demurrer
Chief Afraid of the Train.
When summoned to Spokane by
the federal authorities two years
ago to tell of how he was deprived
of his land Te-Kom-Karl-Kin started
on his journey afoot, refusing to
ride on the S. F. & n. train. At
,Colville he was persuaded to get
aboard the train. When it started
he took viselike grip on the arms
of the seat and never released his
hold until he was pried loose in Spo-
kane. When taken in the elevator
to the Office of the district attorney
he threw himself on the floor when
the contrivance began its ascent.
Te-Kom-Tarl-Kin could not speak
word of English, and knew moth
ing of the ways of the white man,
but the case was decided against him
by Judge Whitson who, while find
ing that the Indian could dispose of
the land as he saw fit, said that his
conclusion had been reached with
reluctance.
NO doubt" said Judge Whitson.
''it would DE better for the Indians
to sustain the plaintiffs contention
They are rot qualified to cope with
the white race, and the result of
this decision. should it be sustained
in the nIgrer courts, will no lo"ht
be prejudicial to their best interests.
1t is to he regretted that so COM
mendable an effort should lot have
been made before the agreement re-
ceived the approval of con gresS, or,
at least, before the rights of pur-
chasers attached. but the supreme
court has said that the courts are
not concerned with these considera-
tions.''
District Attorney Avery appealed
from the order sustaining the de-
murrer and argued the case before
the circuit court of appeals in San
Francisco last February.
The court of appeals in reversing
Judge Whitson, found material for
so doing in the language of the
agreement, which provides thai the
Indians in their possession of the
lands set apart for them shall be
guaranteed and protected. judge
Ross, who wrote tn agreement, said
Government is Guardian.
1.-The agreement itself reci.es that
it was entered into upon condition
that congress confirm it. Looking
think that either party 20 il could
have understood from its language
that it was contemplated mat the
government was to sever its rela-
tions to such of the Indians as
would remain on the Columbia res
ervation any more than Colville res
ervation. On the contrary, their
agreement expressly recites that the
Indians were to be protected by the
government, and by it guaranteed
i'll the possession of ownership CT
the respective tracts of land to be
set apart to them in severalty. How
could the United States afford such
protection but by remaining guar
dian of the Indians? We think it is
the plain meaning of the agreement
itself that it should do so and chat
no party to it could have understood
otherwise"
COlville Transfer Involved.
The agreement of 1888, which
was the basis of litigation, was that
under which the Columbia Indians
were removed to the Colville reser-
walton. Chief Sar-Sarp-Kin asked
to be allowed to remain on the Col
umbia reservation with his people
and to be protected in their rights as
settlers. In addition to the ground
which they had under cultivation
within the limit of the 15-mile-strfp
cut off from the northern portion
of the Columbia reservation, the
chief asked to be allowed to select
enough more unoccupied land to give
him four square miles and to each
head of a family or male adult one
square mile.
Sar-Sarp-Kin, three lother chiefs
and thirty-four of their followers
elected to remain on the Columbia
reservation and received their indi-
vidual allotmentS.
The white man has been invading
the territory and made numerous
Ian ideals with the Indians. The
decision of the United States circuit
court of appeals has the effect of