East Oregonian : E.O. (Pendleton, OR) 1888-current, 1912-05-13
Uncle Sam Says Indians Need Water;
Company Must Give Up Privilege
WOULD Be HARD JOLT FOR ByERS COMPANY
Proceedings Started May lNews Sprung Today Before
Water Board Company Asks Stay Of Proceedings to
Permit of Filing of Contentious Case Before Board.

There is good news for those who
are interested in the long fight that
has been made by William Caldwell,
the East Oregonian and other local
inf. .uences for the establishment of.
reservation irrigation rights to the
end the Umatilla Indians may get JUS
tice and that their reservation may
be developed and settled.
This is it: The United States gov
ernment, acting through the depart
ment of the interior, is preparing to
cancel the permit under which the
Byers Milling company has for years
monopolized the water OF the river
and blocked the irrigation of the al
lotted lands and by so doing thwarted
the advancement of Pendleton.
Under date of May l the govern
ment has notified the Byers people OF
its intentions and the following is
copy OF the notice sent forth from,
Washington and received here.
Will Cancel Right.
Washington, May l, 1912.
Sophia Byers McComas, Owner PEN
dleton Roller Mills, Pendleton, Ore.
Madam: 1t appears from the rec
ords and files of this department that
you are the owner and manager OF
the Pendleton roller mills and the
present beneficiary under certain
permit issued July 5, 1870, to G. w.
Bailey, ct al, to construct water
ditch from the Umatilla river across
a portion of the Umatilla Indian res
ervation to the town of Pendleton.
l have to call your attention to the
fact that such permit was issued upon
the express condition that no per-
manent rights should attach or be-
come vested by the construction Of
said ditch and that any ditch or canal
dug or constructed, and the use OF
the same, should be subject to the
control of and might be discontinued
at the pleasure of the secretary of the
interior.
Because of the needs of the Indians
for the use of these waters and their
prior rights thereto, it is now desir-
able that such permit should be ter
minated You will therefore be allow
ed thirty days from this date within
which to show cause, if any you have,
why such permit should not be revok-
ed. Very respectfully,
SAMUEL ADAMS,
First Assistant Secretary Department
of te Interior.
AS to what action the government
will take when the proposition is full.
| ly before it remains to be seen. The
! department may insist upon cancell-
ing the permit outright; it may modi-
6, tA l-n
! explicit in that the company may use
water from the river so long as tht
use does not in any way interfere with
the irrigation of the Indian lands, or
it may refuse to cancel the permit.
| The tenor of the letter, however, indi-
Gates the purpose of the department
to drive the company away insofar as
! its permit is concerned.
From Attorney johnson.
AS to the status of the case, Attor-
ney r.. r. Johnson, legal advisor for
! William Caldwell, said;
Il regard the action taken as very
satisfactory from the standpoint OF
Mr.. Caldwell and the Indians. 1t is
bad for the milling company. Should
their permit be cancelled, the COM
pany will then be eliminated as a fac
tor as far as the Indians are con-
cerned in the adjudication of the
rights of the river. 1t will be like
knocking the last leg from under
them sinceAthe company in the past
has based its water right upon the
permit from the government.
However, as far as the Umatillf
Indians are concerned, their rights
! will emain the same regardless o
whether or not the permit is can
celled. Their rights are based upor
the provisions of the federal treaty
! and must be determined through al
depreciation of that treaty by the fed
eral courts"
: News Causes Sensation.
While the notice showing the gov
: ernment's intentions was sent fortl
9 May / the news did not become gen
! eral in Pendleton until today. Th
fact of the Governments action be