Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1908-02-18
COUNTY YIELDS
ON ROAD Fight
COMMISSIONERS DECIDE NOT TO
CONTINUE IN CONFLICT OVER
CHANGE OF ROAD THROUGH
RESERVATION At LAPwAI.

4
of county commissioners and Indian
kAgent o. H. Lipps of the Fort lap
wal agency were settled this morn
ing and the commissioners instruct
ed the road overseer of the Lapwai
district not to modest any work be-
| ing carried on there by the Indian
| agent.
| At the last meeting ri the county
commissioners the road overseer
was instructed to remove any OBJ
struction that might be placed in
the county road and 70 arrest any
lerson found guilty of placing OBJ
structions in the highway. Acting
| upon these orders the road overseer
was on hand today to make trouble
for the Nezperce indians who are en-
| gagged in the changes in the road
under the direction of Agent Lipps
| The proposed change in the road
IS the cause of all the trouble be-
tween the county and the Indian
agent. In the beginning Agent Lipps
| intended to construct the road north
o. all of the Indian property and
close the old highway through the
| agency grounds. This announce
ment met with the bitter disappro-
va of the people of that community,
and arrangements were then made
! to construct road bordering the
| agency property on the north that
would be acceptable to Mr.. Lipps
and at the same time not work a
! hardship upon the people. The con-
struction of this road is now being
carried on and it was this work that
aroused the ire of the diligent road
overseer.
The government has contended
that the county has not acquired any
rights to the highway by occupation
and has maintained this position
throughout but has conceded much
to eliminate trouble and make the
matter as easy for the people as
! possible.
| The governments position was ex-
planned to the commissioners this
morning by Deputy United States
Attorney Miles s. Johnson, who ap-
morning. by Deputy United States
peared at the instance OF the depart
ment of justice. Mr. Johnson ex-
planned the rights of the county and
how it would be impossible for the
county to acquire any of the rights
OF the government not provided for
| by law. In fact Mr. Johnson was
supported by opinions of the COM
missioner, wherein it was decided
that neither the state nor county
could acquire any right to a high
way by occupation and could not ac-
quire legal right. to roadway
through an Indians land, even by
purchase from the Indian.
Attorney Johnson advised the
| commissioners to desist from threat
ened violence to the Indian agent or
his representatives in the construc-
ton of the road as it was the pur-
pose of the government to endeavor
to preserve peace in the matter if |
possible. However, he stated, the |
government did not propose to be
scared out, and if the commissioners
insisted upon the enforcement of |
their order they might expect to
cause some one to be arrested
The new road situation was ex-
planned by County Surveyor Briggs, |
who stated he believed few people |
would oppose the charge as now
made and stated the commissioners
have often made greater changes in
the roads to accommodate farmers.
The commissioners then ordered the
read overseer to refrain from dis
turbing the Indian agent or his
agents.
In discussing the matter of roads
through the Indian lands, Attorney
Johnson advised the commissioners
tc proceed and make ali roads in the
county legal that have not been
properly secured, as the Indian
agent may at any time come onto
the county for damages which he
can collect, and legal question
might arise as to the right of the
commissioners to expend the coun-
tvs funds upon highways not prop
eTly secured.
The commissioners then passed a
resolution authorizing the proper of
flcers to take such steps as are neces-
ssry to make such roads legal
No4;oa