The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1911-01-17
Representative Mondell, of Wyoming,
Writes Letter Justifying
Williard's Opinion.
INDIANS HAVE TOO MANY RIGHTS
Probable That Game Commission
Will Request Wardens to Keep
Close Tab" on Red Men.

That the recent decision rendered
by Judge Willard relative to Indian
treaties not curtailing or abrogating
the sovereign powers of the state of
Minnesota over so-called Indian
country has an indirect bearing on
the unlawful practice INDUCED in by
the Chippewa Indians of hunting all
kinds of game on their reservations
at all seasons of the year regardless
of the game and fish laws of the state
is admitted by persons who have fol-
lowed different suits which have been
decided in other states, wherein the
Indians were made defendants in ac-
tions for game law violations.
While it has been the practice of
the State Game and Fish commission
to deal very leniently with the red
brother, and to allow him all kinds
of latitude in gaining living by
hunting and fishing for his own con-
sumption, the commission has known
that the time would come when test
cases would come in the courts as to
the real rights of the Indian in the
matter.
Recently, at Cass Lake, an Indian
was arrested for having sold some
game to persons residing in the vii
lage. The case was tried and the In
dian was acquitted, mainly due to the.
fact that an agent of the Indian de-
partment who was at Cass Lake as
sisting in the enforcement of the
"PussyfOot' Johnson liquor extinction
order, gave it as his opinion that, as
all of northern Minnesota had been
practically declared "Indian country ;"
the Indians had right to hunt and
fish as the fancy took them, irrespec.
tive of the state laws. 1t is said, on
good authority, that the sub-Indian
agent at Cass Lake also sanctioned
the selling of game by Indians, and s.
c. Bailey of Bemidji, who was the
warden who arrested poor Lo" was
forced to abandon the case.
That the Indian should have been
declared guilty of violating the state
law and fined or imprisoned is GER
tain, as is indicated by letter writ
ten by Representative Mondell of wy
oming, who calls attention to a de-
cision of the supreme court which he
believes Is exactly in accord with the
decision of Judge Willard in the Be-
midi liquor case.
"Following the precedent establish
ed in what is known as the Race
Horse case" says Representative
Mondell, the supreme court can only
sustain the decision of Judge Will
lard. The Race Horse case is exact
ly parallel to the Minnesota liquor
case, wherein Bemidji saloonkeepers
are involved. A great many years ago,
the government made treaty with the
Shohone and other Indians guaran-
teeing the Indians the right to hunt
on certain territory as long as the
grass grew and the sun shone, etc.
Part Of that territory became the
state of Wyoming, and the state en-
acted game laws fixing a closed sea-
son for the elk. The Indians continu-
ed to hunt elk at all times of the year
and finally the state authorities ar
rested number of them, and the
case against an Indian named Race
Horse was carried to the supreme
court. The court held, first, that
the regulation of hunting of game
was one of the sovereign powers of a
state and, second, that the federal
government could not by any treaty
do anything that would in any way
curtail or abrogate the sovereign
power of the state"
Some few years ago, the govern
ment in advertising for bids for sup
plies included in the list of necessi
ties for the Indian schools a number
of venison and fish, contrary to the
laws of the state, the venison for thu