East Oregonian : E.O. (Pendleton, OR) 1888-current, 1911-11-08
JOHN NJ COURT
GIVES VIEWS
United States Attorney Out
lines Position on Reser-
vatiOn Litigation.
WILL NOT AID CALDWELL
Holds Indian Rights Superior to Mill
ing Rights. But Dcplorcs Effect on
Community and the West End of
Establishing Such Rights.

The following letter from John Nc
Court, United states district attorney,
has been received in reply to letter
addressed to MIR McCourt by the ed
itor Of the E.st OregDnian and TO an
editorial of November ?, entitled
"Why Criticism Is Made"
Portland, ore, Nov. c 1911,
Editor East Oregonian:
| am not sure that
] can place the matter fully before
you in a short letter, but will make an
effort to clear 1way some of the mis-
conceptions you have received from
some one personally and privately in
terested in this question. Your ar
ticle implies n criticism of me, but
from an angle that surprises me, as
! anticipated criticism, IL any. for
over zealousness in behalf of the IN
dians You will doubtless be surpris
ed also, when you fully comprehend
the situation.
Some time ago 7 had a survey made
of the Indian lands along tha Una
tilla river susceptible of irrigation
therefrom. This survey showed about
$500 acres Of irrlgable land, embrace
ing parts Of about 10 allotments,
some tribal land, part of the agency
lands and part of the school farm.
The greater part Of this land Is COW
cred with brush and timber and very
little of II is cultivated. With the eX-
ception of two or three, no Indians
have ever attempted to irrigate any
of these lands. a little use of water
has been made at the agency and on
the school farm. A few white rent
ers from Indians have attempted to
irrigate a small area of lands. Some
of these latter have been met by suits
or threats of suits from the Byers
people. The white renters mentioned
did not and do not have any contract
or lease whereby the United states or
any Indian Is obligated to furnish
them water or irrigated land, or
whereby the United States or any In
dian is required or obligated to de-
fend or prosecute lawsuits in behalf
of the renter.
Whenever case arises where an
Indian desires to irrigate a portion of
his land, and any person whomsoeter
attempts TO interfere with him. or IL
any attempt is made by anyone to in
terfere with use of water at the agen-
cy or school farm or If at any time
any Indian or the government itself
has undertaken by contract or other
wise to place water on any Indian
lands on the reservation, and attempt
is made to prevent the performance
of such Obligation. in every or any
such case, I will, upon my attention
being called to the same, secure i'm
mediate authority from the attorney
general to bring suit or defend as the
case may require,
No case of the kind mentioned has
arisen. and until il does, no occasion
exists for the government to COM
mence a suit. Indeed no controversy
exists upon which jt can get into
court as plaintiff. either on its own
account or on behalf of an Indian.
The government cannot be made II
defendant in q suit of this kind but
its attorneys usually appear in the de-
fense of Indian defendants.
The Byers- Caldwell controversy Is
one in which the government is not
directly interested and only indirectly
so far as it is necessary to protect the
ultimate rights of the Indians To
that extent, all proper precautions
CONTINUED on Page 2.)