Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1908-04-13
COURSE
Was APPROVED
LIQUOR DEALERS On lRaExxx.
TON WILL NOR ~ PRosECux.
ED FOR VIOLATIONS On xxJ'
PRIOR 70 DICK pEClsJOn. N


BOISE. April 1s.--All paseSGD
who have engaged IN the liquor ts1l
fic on the Nes Percs Indian rssosyas
tion. or upon lands that were 1
merly embraced in the reservatIp Y
since the recent court decisioa 1n
the Dick case by the supreme coort
are to be prosecuted under lns&suo-
tions OF the department 81 5unllo
received from Warrington ysster<
says the Statesman. Ths fo6ou65
grand jury VIII convene at Mo- ~
May II. and any violation stnco a.
Path OF February viii be fully invu
tigated ct that time. Isss1s ss
The department approved xle|
course Of District Attorney n9fQ
In not instituting proceedIl II
against the violators of the liG1
laws during the period az litiGnf11
subsequent TO the nnding II ths
cult court Of appeals whsfsin S11e
provision Of the treaty was nct ~
|ognixed a. valid. The district ~
torney took the position that aalou
keepers who operated under lice1G
FROM tho state ana who rallied 9
the decision Of tho circuit codSt O.
appeals previous 70 the decision
the supreme court should not
prosecuted. and asked tnstrnskl !!
from the department.
According 70 adFices rscsiyo6s 1n
mediately upon tho dect1ioa ~ ~
supreme court, bstwesn - an6
saloons In Idaho ana Me- n0eo
counties. upon lands foFmsrly =
bracsd IN ths reservation, N
their doors after having been 11
gagsd In business for cvor U
years. Some 81 thsss placss wSFo
equipped with fixtures valued 14|
many Thousands of doiiars. s \;
The litigation covered perlo1. M
about three years. and twice y
carried TO the supreme court. eo
proceeding involving procedure an
the other the matter Of fact. -
circuit court Of appeals ~ San yfnns
Judge Beatty In denying ! writ N
habeas corpus. and that court VI
found to have no original jur1.1
tion to issue 4 writ Of habsas ourvs
pus and its flndings reversed ~ ~
supreme court. whereupon DleksS
attorneys appealed the case again u
the supreme court, where Il WaU
heard upon the material issue tho
provisions of the treaty with ne
Indians.
The court held that the agroe
ment between the United States and
the Neg Perce Indians contained. n
article 3 Of treaty and agreement
for opening the reservation, was stlll
In force. and that the general lawy
applicable to the introduction of
liquor into the Indian country and
the disposing of the same to the In
dians In charge of superintendent
were in force on this reservation.
notwithstanding portions OF It had
been ceded and other portions OPEN
ed to settlement.
Working on New Indictments.
BOISE. April 13.-All day yester-
day in the Office allotted to them on
the third floor Of the federal build
ing, Assistant Attorneys General
Peyton Gordon and william r. Harr,
together with stenographer. wero
busily engaged In preparing lengthy
ltypeyritten documents, presumably
the indictments voted by the federal
grand jury Saturday.
II no indictments had been voted
the attorneys would have had theif
first Sunday to themselves since
coming to Boise from Washington.
d. c., about three weeks ago. to
present these Boise basin timber
matters. Their labors concern tho
work Of the grand jury solely, and
as there are no further witnesses
and as they announced at noon
Thursday that they had put their
case In, any such proceeding on
their part is apparently conclusive
that true bills will be returned. Tho