The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1915-11-29
Seventy-two Saloons on Range to Be
Closed; Time to Be Given to
Dispose of Stocks.
DECISION RESULTS FROM
PETITION FOR INJUNCTION
Held Hibbing is on East Swan River
and is Therefore Within Boun-
diaries of Treaty.
COUNTY STILL HEAVILY
POPULATED BY INDIANS

POPULATED BY INDIANS
Minneapolis, MIMI, Nov. 90
Judge Page Morris of the Federal
court decided today that Hibbing is
on the East Swan river and is there
fore within the boundaries of the In
dian treaty of 1856 which prohibits
the sale of liquor within it's terri
tory. 1t was held that the country
embraced in the treaty is still heavily
populated by Indians.
Seventy-two saloons in Hibbing
and Chisholm are closed by the deci-
sion resulting from the petition for
an injunction by saloon interests.
Saloon men are given time to dispose
of their stocks.
Fred w. Zollman, attorney for the
Minnesota Brewers association,
trained a new gun on the Indian
treaty of 1855 and the Indian "lid''
in Northern Minnesota, in his argu-
ment before Judge Page Morris in
federal court Saturday. Mr.. Zollman
declared the treaty to be invalid be-
cause it attempted to legislate in a
way not provided for by the consti-
tuition. There was no action by the
lower house of congress-.
The question was not raised in the
former litigation, which ended in
1913 when the United States supreme
court affirmed the right of w. E.
"Pussyfoot" Johnson to seize and de-
strop liquor found within the treaty
limits. With his new point Mr. Zoll-
man hoped to get the highest court
to reverse it's position and remove the
liquor restriction. ;,
Declares Question Decided.
Judge Alfred Jaques, United States
district attorney, who answered Mr..
Zollman's argument today, declared
that the supreme court already has
passed on the question in the famous
Crookston case of the Omitted States
Against Forty-three Gallons of
Whisky" In that case, he said, the
validity of the treaty as legislation
was upheld.
Attorneys for the liquor men used
more than three hours in argument
Saturday, urging Judge Morris to
grant temporary injunction re-
straining Henry A. Larson, govern
meme agent, from interfering with
the Hibbing and Chisholm saloons.
Another attack on the law enforce
ment agents of the government was
made by Mr.. Zollman. evidence in
the Brainerd Brewing company case, -
he declared, "shows that agents for
the government have deprived people
of liquor shipped in at their order
for personal use, thus violating rights
guaranteed by the constitution" He
read an affidavit from Charley Erick-
son, printer of Brainerd, saying
that on Oct. 80 one G. c. Bennett seiz-
ed a quarter keg of beer Erickson had
ordered from Deerwood, MIMI, and
destroyed it. Three similar affidavits
were read from Brainerd citizens.
Mr.. Zollman made three principal
points against the Indian "lid," as
follows:
First, that settlement by whites
and extinction of the Indian tribes
as such have made the treaty void and
imperative.
Second, that it doesn't apply to
beer, but only to wines and spirits
Third, that it is not in the treaty
making power Of the government to
declare the territory 'Indian coun-
try and to exclude liquors from it.
No Indians in Part of Territory.
On the first point Mr.. Zollman de-
clared that only in two zones, en-
bracing less than 100000 acres,
are there Indians now residing, while
in territory embracing 7,898,499
acres, within the treaty limits, there
are no Indians, no allottments, and
no lands held in trust for Indians.
"Never before has the validity Of
an Indian treaty been raised" he
declared. eve raise it now. In other
cases involving other treaties, there
has been legislation by both branches
of congress. In recent years, when
agreements have been made, they
have been ratified by both branches
But this treaty of 1855 was made by
the president of the United States and
ratified by two-thirds of the sena.
tors present, concurring.
t''You cannot pass law with less
than the constitutional majority
Where is the house Of representa-.
tiyes? What becomes of the branch
peculiarly representative Of the PEG.
ple?''
victor L. Power read number Of