The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1914-06-09
INTERPRET COMPACT INTENTION
May Mean Closing of all Saloons Be-
tween Hibbing and Dakota Line,
Including Many Large Places.
WIPES OUT 200 LIQUOR PARLORs
Just What Action is to be Taken by
Indian Departments Remains Un-
Known-Reopens Controversy.

Whether IBemidji is to be "dry"
town now depends on what action
is to be taken by the government In
dian department, the United States
supreme court having filed decision
Monday, holding that the prohibition
against the sale of liquor in Indian
country" applied'to all territory COW
cred by the Chippewa treaty of 1855.
The decision is the result of the
case argued before the supreme court
several weeks ago by Senator John
C. Spooner of New York, who with
Judge Marshall A. Spooner and E. E.
Mcdonald of Bemidji, had charge Of
the case for twelve saloonmen of this
city, tried in the federal court at
Fergus Falls before the late Judge
Willard and appealed by the gov
eminent
The case was based on the attempt
of the government Indian agents to
close the Bemidji saloons, but an
injunction issued by Judge Willard
at the request of the Bemidji men,
prevented them from so doing Judge
Willard decided that the prohibition
of the treaty of 1855 did not apply
to Bemidji, as the treaty had been
modified by the subsequent treaties
made in 1865 and 1867.
Intent of Prohibition.
In it's decision, the court held that
the intent of the prohibition provi-
sion was to apply it not only to ter
ritory specifically reserved for In
dams, but also to lands over which
they might roam. Attention is call
ed to the special message sent to
congress by President Taft in Feb
ruary, 1911, asking for legislative
action on this question, and it was
stated that inasmuch as the question
rested with congress, the bill of the
Bemidji saloon keepers must be dis
missed.
Under this opinion, the Indian bu-
reau may close all the saloons in the
territory embraced in the treaty of
1855, if it desires. This covers a
triangular tract running from a point
just west of Hibbing to the Dakota
nd W.T. dc ov,1 h
from just north of Brainerd to the
southern part of Beltrami county.
Action Not Known.
Just what action is to be taken
by the attorneys in the case follow
ing the decision is not known and
much depends on what course the
Indian department decides to follow.
Justice Pitney rendered the decision,
Lurton and McKenna dissenting.
Recalls Johnson's Activity.
The supreme courts decision re-
opens the controversy started by w.
E. (Pussyfoot) Johnson, special
agent for the Indian department, who
came into Minnesota in 1909 and
closed more than 400 saloons in the
northern counties on the ground that
the treaty of 1855 forbade the sale
of liquor in the Indian country
opened to settlement then. johnson
put the cid" on wide extent of ter.
ritory in the counties of Clay, Beck
err, Hubbard, Cass, Mahnomen ant
Norman and in parts of Polk, Clear
water, Grow Wing, Wadena and Of
ter Tail counties, and stopped the
shipment of liquor into that district
Appeals were made to the Indiar
department., but it upheld Johnson
and he with a corps of men went from
town to town, ordering the saloons
to close ...
Court Order Stops Campaign.
Finally the matter was taken III
with President w. H. Taft and Gov
ernor A. o. Eberhart went to Wash
ington,- where he conferred with thu
president and urged him to modif,
the order so as to limit the 'sdry'
territory to that Immediately abou
the Indian reservations. Presiden
Taft agreed to this and an order wa
issued modifying the rule made, bu
less than a month afterward Judg,
= c. A. Willard handed down his de
cision declaring the treaty of 1856!
could no longer be applied to clos,
saloons outside of the reservations
This ended the Indian department &C
tivity and the saloons reopened
Most of the towns took advantage q
the situation to reduce the numbe,
of their saloons, and some had gon
dry by vote of the people, so it i
claimed that now there are on1!