Daily capital journal. (Salem, Oregon) 1903-1919, 1915-05-25
Prosecuting witness Liable.

I ten ny JuStlce McBflue.
Prosecuting Witness Liable.
In affirming the decree of Judge
Phelps, of the circuit court for Una
tilla county, in dismissing an action
for the criminal prosecution of Laura
V. Alexander, miXed-blood Indian
woman, upon the charge of obtaining
money under false pretenses; that is,
the acceptance of 81 800 for the lease
of her l6O-acre allotment in the Una.
tilla reservation which deccended to
her from her father, Joe Depot, with.
out authority of the department of the
interior or superintendent of the reser.
walton, the supreme court this morning
declared the prosecuting witness, j. NJ.
Bannister, was particeps criminis TO
the effort to obtain these lands in VIC.
lation of the particular language of the
statute, which was also violation of
the criminal law, The opinion is writ
ten by Justice Eakin.
"The control of the Indians, not only
Of their persons but their property OF
lands, is reposed by act of congress IL
the interior department, so that an al
; lottee under the law cannot make :
contract in relation thereto withou
the consent or approval of the interior
department or the agent of the reser
vation,' says the opinion. ""The gov
eminent, by the passage of that statute
sought to protect them aud their land
against Just such transactions as thi
one, and the prosecuting witness can
not say that his act might have beer
prosecuted as criminal and have tn
y defendant prosecuted for the falls
T.. representations which he must hav
known were false, We cannot sanction
/. his effort in an attempt TO Illegal
obtain this land from one who is dis
4 qualified to dispose of it, and, over
p. looking his criminal part, punish tn
J., defendant for her part in the trans
a actionv
!, Other decisions today were as fol
a lows:
g Joseph Weber ct al VT A. b. Richard
son ct al, appellants, involving the III
n vision Of real property Of appeal fror
?. Mumomah county, Judgment Of Ch
|. cult Judge McGinn, for plaintiff NOS
/. flied and re.hearing denied, opinion b
4 Chief Justice Moore.
r. r. A. Stewart VS.. John p. Erpeli
c ing ct al appellants, appealed fror
10 Malhcur, suit to enioin removal o
IS personal property, opinion by Justic
\. Benson, Circuit Judge Biggs iudgmep
g for plaintiff reversed
s. New Madden ct al vs.. Condor Nf
, lional Bank, appellant, appealed frol
O. Gillian county, action for damage
n for conversion Of collateral sccuritiet
A. opinion by Justice Benson, Circui
X. Judge Parkcr's judgment for plaintiff
n. reversed.
n Estate of David DiggGs, appellan
IA VS., Malvina Diggins ct al, appeale
1T from Wallowa, involving the constru,
10 iion Of will, opinion by Justice 1lal
e rs, Circuit Judge Knowles iurpmer
u for defendants affirmed.
Rasmus Johnson, administrator q
Arthur Johnson, deceased, appellan
y VS.. Hot Springs Land and Improve
y ment company, suit for damages {,
Y the death Of Arthur johnson, opnio
= by Justice Harris, Circuit Judge Al
y derson's Judgment for defendant a
- firmed.
NJ Peter Hcuel appellant, vs.. Walov
county involving the vacation of
-, highway, opinion by Justice Bean. ci
,S, 10, cult Judge Knowles Judgment for d
'VS' PENDANT affirmed
io D. +. Richen ct al VS. Titus \. Dayt
" appellant, appealed from Baker count
"a