Little Falls herald., 1913-12-05
WHITE EARTH I LAND CASES
;. G. DANIELS, ATTORNEY IN
CHARGE FOR GOVERNMENT,
GIVES INTERVIEW Il.

In recent interview on White
Earth Indian reservation matters, C.
G.. Daniels, attorney for the depart
ment Of justice in the land cases, said:
81 came back from Fergus Falls
Saturday night where we have been
engaged for the past two weeks in try
ing the case of Kolb and Perrault en-
the charge of criminal conspiracy in
connection with lands of the Chip
pewa Indians on the White Earth I:es-
ervs tion.' a5
"There are few things that 7
should like to say to the public IN
connection with White Earth Mat
tcrs,' said Mr.. Daniels.
Mr. Daniels said <sThe result of the
trial of Kolb and Perrault is very
gratifying to the force of the depart
ment of justice at work on White
Earth Matters"
1.-TWO years ago, Beaulieu, Fair
banks and Leecy Gall Of whom were
employees Of the Nichols Chisolm Lnm-
be: Co.. were tried at Fergus Falls
OH a similar charge Of criminal con-
spiracy relative to the lands of the
Indians. 1 was not then connected
with the department Of justice, but
those who had charge Of the prosacu-
ton tell me, that the government made
.ut fully as strong case (if not a
st:cnger) against Beaulieu, Fairbanks
and Leecy as was made out at the
recent trial against Kolb and Perrault.
The judge presiding at the former
trial, however, that the evidence was
not sufficient to take the case to
the jury and a verdict Of not guilty
was by the court directed and the de-
PENDANTS discharged.~ i.
! "The force who prosecuted the case
against Beaulieu, Fairbanks and Leecy
feel that the verdict Of guilty against
Ko]5 and Perrault is a vindication Of:
their prosecution in the Beaulieu case.
The trial and conviction Of Kolb
and Perrault will do good for it has
been demonstrated that it is not al
ways safe to conspire against the gov
ernment and over-reach and defraud
the Indians.
The trial of this case was my first
opportunity Of meeting or appearing
before Judge Amidon who presided.
He impressed me as judge Of ullus-
ual ability and as being absolutely im-
partial and just.
BY the disposition made of the Kolb
and Perrault case, those Indians
whose land it was shown on this trial
had been secured by Kolb had their
lands conveyed to the superintendent
of the Indian agency for their benefit,
ii those instances where the land las
not been disposed of by Kolb. Thir-
teen Indians whose lands have been
transferred by Kolb will receive $l0,-
00G. in amounts, ranging from $500 to
| 1890 each, and this money was Plac:s
ell III the hands Of the superintendent,
to be expended for the 'said Indians
according to their needs. The 1efen-
dants paid or relinquished in property
an,! money to the value of between
$4,000 and $4,000 and were each fin
I'd by the court $500. The court stat
ed that because restitution had been
made by the defendants that no pris-
OH sentence was imposed.
| Il appears to me that restitution to
the Indians is far better, under all the
circumstances, than it would have been
Ito have imprisoned the defendants.
| what do you think Of the opinion
OF the court of appeals on the White
Earth Indian cases recently decided?'
I have been asked: "The opinion is
by divided court-the court standing
two to one-in over-ruling the decis-
ion Of Judge Morris, as I understood
the decision.'
! Judge Morris held that an Indian
having less than one-eight Of blood
other than Indian blood is a full
blood Indian and is not emancipated
under the provisions Of the Clapp Act.
OF the four judges who have passed
On these test cases they stand two
and two.
will the case be appealed to the
Sur1 enc court Of the United States?'
L have been asked.
/ have not yet had the opportunity
to take the matter up with the At
torney General, but l have no doubt
that an appeal will be taken. I shall
certainly SO advise.
The decision Of the Court of Appeals
as rendered by two out Of three Of the
court, holds thaat the slightest iaen-
tifable amount of blood other tkan
Indian blood is sufficient to make a
mixed blood under the provisions Of
the Clapp Act. ....- -. .
This conclusion Of the majority Of
the Court is, in my Judgment, a true
Interpretation of the intent of Senator
Clapp and those who induced him to
offer this rider to the Indian Appro-
priation bill of 1906. ~
! Whenever an Act is ambiguous, as
the Clapp Act is, the Court seeks to
Gnl the intent and meaning Of the
law-making body which passed the
Act. It appears to me that this de-
ciaion confuses the purpose Of Soma
tor Clapp who is the acknowledged
| author Of: the Act, with the purpose
ard. intent of Congress which enacted
the bill into law. The purpose and
intent of the two, were in my opin-
ion, very different, That those who
conceived this law and secured its
introduction in Congress intended that
the Act should take from the Indians
on the White Earth Reservation the
protection that the government had