Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1910-05-18
RULING
INDIAN TREATY CLOSING TWIN
CITY BATHROOMS WON'T
BE INVOKED.
BY DEPARTMENT OF INTERIOR
Answers Points Raised by Cass Lake
Indian Lawyer for Ruling.-De-
cIares Prosecution by SIeuths
Will Be Pushed.

st. Paul - The rigid provisions
of the old Indian treaty, which, if
literally carried out, would close the
saloons of Minneapolis and St. Paul,
will not be invoked, according to
Richard A. Ballinger, secretary of the
interior. This statement was con-
tanned in a letter from Secretary Bal
linger, addressed to the governor and
written in response to request for
information from John w. Carl, an
Indian lawyer at the Cass Lake In
dian reservation.
At the same time Mr.. Ballinger says
that the prosecutions on the Indian
reservation, started by w. E. Johnson,
will be continued.
Mr.. Carl had submitted five reasons
why the prosecutions brought by Mr..
Johnson on the Indian reservation to
prevent the sale of liquor should be
discontinued. Mr.. Carls letter was
originally addressed to Governor Eber
hart and submitted by him to the Sec
rotary of the interior for ruling.
His first reason was that the local
authorities had licensed the saloons,
and that, the saloons having been IL
censed, the government had no right
to insist upon putting them out Of
business. Mr.. Ballinger holds that the
mere payment of the internal revenue
tax gives no right. for the conduct of
saloon, if otherwise contrary to law.
The second reason given by Mr..
Carl was that the old treaty prevent
ing the shipment of liquor into the
reservation was for the protection of
the uncivilized Indians and of new
settlers. He says these conditions
holds that whether these conditions
have changed or not, the law remains
the same and should be enforced.
Mr.. Carts third reason is that in
the incorporation of the towns and
villages the legality of the saloon bust
ness was never raised. Mr.. Ballinger
overrules this reason also, holding
that the fact that the question was
not raised has no bearing on the law.
AS a fourth reason Mr.. Carl holds
that since the Indians were allotted
their lands they have become citizens
o. Minnesota, and that special police
regulations cannot be inaugurated
against them. Mr.. Ballinger quoted the
supreme court decision of Judge Ami
don, and says that the question was
never raised in the courts, and there
fore the law should be regarded con-
stitutional unless otherwise declared.
Mr.. Carl advanced the fifth reason
that violations OF the treaty still con-
tinue under the special provisions
made by w. E. johnson. He says that
under Mr.. Johnson's special provisions
saloons have operated at Wadena, De-
saloons have operated at Wadena, De-
Walker, Bemidji and other places.
It was this objection that drew
forth Mr.. Ballinger's statments rela-
tive to the operation of the treaty on
Minneapolis and st. Paul. The ter
ritory involved in the treaty includes
that section of Minnesota in which
Minneapolis and st. Paul are located.
Mr.. Ballinger holds that if the law
were applied to these cities it would
mean the government is engaged in
program to apply general prohibi-
ton. He draws the further conc1u-
sion, by inference, that under the cir
cumstances the special agent has the
right to use discretion in the applica-
ton of the provisions of the treaty.