Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-05-30
lAND bill HtlU III
Relates to Settlement of
Claims to Wisconsin Tracts.
LA FOLLETTE'S MEASURE
Gives Secretary Ballinger Right to
Establish Title.
LITTLE HOPE OF ITS PASSAGE
Protests Filed in Behalf of Indians,
Who Are Fighting Stearns
Lumber Company.

Congress will not delegate to the
Secretary of the Interior the right to
establish title to land in Wisconsin
worth 100000 and the power to set
tie out of court existing suits brought
for that purpose. in the opinion of
those who are following the course Of
a bill introduced and championed by
Senator La Toilette of Wisconsin. The
land in question is jointly claimed by
the Stearns Lumber Company and the
Chippewa and Menominee Indians.
The bill was passed by the Senate
and reported favorably by the House
committee on Indian affairs. but further
action has been held up because of the
decided stand against the measure
taken by the Indian Rights Association
and because Of the withdrawal by In
dian Commissioner Valentine OF his
original approval Of the contemplated
legislation.
The protest filed by the Indian Rights
Association contains specific references
to A. W: Sanborn, an attorney Of Ash
land, Wis. one Of Senator La Follette,s
friends Mr.: Sanborn. acting for. the
Indians. is alleged to have Endorsed the
bill in telegram sent to. the House
committee. 1t is charged that this in
dorsement was not authorized by the
Indians and that the powers Of attorney
which he received from them were not
signed by the tribe, but only by few
individuals.
Land Valued at 100000.
The lands in question contain valu
able white pine timber and have an
estimated value of 100000. They
were parts of lands ceded to the United
States by the Indians under a treaty
signed in 1913, and were later claimed
by the state of Wisconsin under the
enabling act of 1886. which granted a
sold or otherwise disposed Of TO the
commonwealth for school purposes.
dams by fhs nted sses in s The
state since has claimed title to the
sections referred to under the enabling
act, but the Indians have claimed that
that the right Of hunting and occu-
pancy" which they We're allowed at the
time of the recession carries with 1t
the right of ownership. They have fur
Their contended that lands granted to
the states by the government for school
purposes may be disposed Of by the
surveyed: 1t is charged that the lands
in question were not surveyed until
after the recession. United states Su-
preme Court decisions upholding these
contentious are quoted by the Indians.
Acting on the assumption that it held
title to the lands, the state of Wisconsin
granted them to the Stearns Lumber
Company. Thereupon the Indians. acting
upon the advice of the Indian Rights AS
socia ton. brought matters to focus by
giving permission to other parties to cut
timber. The Stearns Lumber Company
Immediately brought suit in the Wlscon-
sin state courts to establish title. These
cases still are pending.
Provisions Of Bill.
The bill which Senator La Toilette in
troduced and to which exception is now
taken authorized the Secretary of the
Interior to have an appraisement of the
lands made and to follow this by a set
Element Of all conflicting claims to title.
1t further authorizes him to consent to
the settlement Of litigation now pending
upon such terms as shall meet with his
approval
After the bill had passed the Senate
and had been reported favorably by the
House committee on Indian affairs, the
Indian Rights Association, acting through
its representative, S. w. BroSiuS, filed
protests with the committee, with the
Secretary of the Interior and with the
commissioner CT Indian affairs.
In these formal protests the Indian
claim to title is recited. and the charge
is made that no authority was given the
Chippewa tribe by the office OF Indian
affairs and that therefore Attorney San
representing the Indians. The wish that
Congress may permit the courts to settle
the matter of title finally is expressed.
1t is pointed out that there is nothing In
the bill that would prevent the secretary
of the Interior from turning the lands
over TO the lumber interests without COM
pensation to the Indians.
Denies Sanborn Was Employed.
Attached to the protest was a copy Of
telegram sent to Mr.. Brosius by
Charles d. Armstrong. a member Of the
Chippewa tribe affected by the bill. In
this telegram Mr.. Armstrong says that
Attorney Sanborn was not employed by
the tribe. but by some Individuals
While the bill was originally approved
by Indian Commissioner Valentine. he
has since reversed that approval and has
notified Congress that the title to the
lands should be decided by court This
recommend ation has been Endorsed by
Secretary of the Interior Ballinger
In a statement given out by Mr. Bro
sius, in which the history of the case is
detailed he says:
The pending bill has passed the SEN
ate and the committee in the House of
Representatives required that the con-
sent of the Indians in suit be secured
to the claims authorizing the compromise
or the cases out of court. In the exercise
of abundant caution, ii may be suggested
to the reader that the proper course OF |
proceedings in such case would have been
to notify the attorney OF record in charge
of the defense of the Indians. requesting
his views in the case, in the interests
of his clients. Neither the Department
Of Justice nor the United States district
attorney in charge for the defense were
notified.
Sends a Telegram.
Mr.. Sanborn, Wisconsin attorney, who
is stated to have appeared before the
Of the committee favoring the
legislation, was notified, and he telegraph
ed the committee of the House that ON
behalf of tho Indians 7 apnroya lost