East Oregonian : E.O. (Pendleton, OR) 1888-current, 1912-01-19
Government Has Power
To Handle Work for
the Indians.
IRRIGATION AT YAKIMA
Hawcs Act Gives Interior Secretary
Power to Serve Interests OF Red
slSins-Judge WOlvcrton's Montana
Ruling Friendly to Tribesmen.

Should the Indian bureau and the
department of the interior care TO
serve the interests of the govern
ments wards upon the Umatilla res
ervatin there is much that could be
done Immediately towards bringing
about the irrigation OF the reserva-
ton lands.
1t has been announced on several
occasions by John McCourt, U. S. at
torney for Oregon, that the Indians
are legally entitled to use water upon
their allotments. He says he will
protect Indians in the use of water
when they use 1t themselves though
he will not defend the use of water
upon land that has been rented by
white men.
1t is pointed out by local men who
are interested in having the reserva-
ton irrigated that the secretary of
the interior has power under the
Hawes act to proceed with work look
ing to the watering of the Indian
land.
The Hawes Act.
The Hawes act was passed by con-
gress and approved on February s.
1887. The title of the act is as fol-
lows: "An act TO provide for the al
lotment OF, lands in severalty to In
dians on the various reservations and
to extend protection of the laws OF
the United States and the territories
over the Indians and for other pur-
poses"
Section Seven.
Section seven which covers the To-
cal situation in as follows:
Section Z. That in cases where
the use of water for irrigation is ne
cessary to render the lands within
any Indian reservation available for
agricultural purposes. the secretary
of the interior be and hereby Is au-
thorized to prescribe such rules and
regulations as he may deem neces-
sary to secure a just an dequal dis
tribution thereof among the Indians
residing upon any such reservation
and no other appropriation or grant
of water by any riparian proprietor
shall be authorized or permitted to
the damage of any other riparian
proprietor"
At the time when d. w. Bailey was
serving as attorney for William Cald-
we'll in the latter's suit to establish
water rights he called attention tc
the above section and also to the
wording of ruling made9b by Federal
Judge wolverton when he decided q
similar case IN Montana some time
since.
Judge Wolverton's View.
When he decided the case of the
United States VS.. the Conrad Invest
ment company Judge Wolverton eX'
pressed sentiments that seem appli'
cable here. Judge Wolverton occu'
pied the bench in lieu of the Mon
tana judge. The case was a contest
between the government, as guardian
for the Blackfeet Indians, against
private irrigation concern which
sought to irrigate 10000 acres of land
not upon the reservation. The com
pany had built a reservoir, 30 miles
OF main canal and 200 miles of later
ais before the suit was brought.
Judge Wolverton decided the case
in favor of the Indians and the fol
lowing is an extract from his ruling
For the Indians.
"Manifestly the Indians cannot b'
expected to acquire water rights tt
any considerably extent through priol
appropriations, because they are no
far enough advanced in the art of ag
riculture to reduce the water to
continuous use and the water of thu
public streams that they shall finall!
need depends largely upon their pro
gress in this art The government
however, being their guardian. has
most important trust to perform IL
this relation; that is, to conserve tn
waters of such streams as traverse o