The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1916-01-08
SEEK TO CLOSE
SALOONS IN U. P.


Marquette Mining Journal,)
A great part Of the upper peninsula,
including Marquette, may be forced to
20 "dry" on account Of certain stipula-
tions made by the United States gov
ernment in the treaty made with the
Chippewa Indians in 1854. That this
is not wild dream. but adec;ded pcssi-
bility. is indicated in the fact that the
Anti-Saloon league, through its attor-
ney, Edward A. Rawden. has succeeded
in closing Hibbing and other cities in
Minnesota through clause in this
pact and is now endeavoring to force
similar action throughout the upper
peninsula.
The now-famous clause, prohibiting
the sale of liquor on any of the lands
ceded by the Indians, would take pre-
cedence over any subsequent laws passed
by the United States Legislature, ac-
cording to j. L. Heffernan, who is in
charge of the government land Offices
here. The clause which has been dis
astrous to many Minnes ota saloonkeep-
ers, and which may have similar ef-
feet here, is as follows:
"No spirituous liquors shallbe made.
sold or used on any part of the lands
herein set apart for the residence Of
the Indians. and the sale of the same
shall be prohibited in the territory here
by ceded, until otherwise ordered by
the president.
The treaty was signed Sept. 80. 1854.
| In the Interpretation Of this clause
there in much legal wrsngliDg over the
phrase "the territory hereby ceded. :"
At the time the treaty was made the
Chippewas and the Ottawas were the
owners of vast tracts in upper Michigan
and Minnesota, which they ceded to the
government, which in return granted
the Indians anuities and designated
certain small areas as Indian reserva.
tions. The reservations are clearly
defined in the Indian treaty, but the
land ceded by the Indians is described
in hazy and indefinite terms. 1t is
claimed by some that the Indians were
the sole owners of all Of upper Michi-
gan and Minnesota, and the treaty
therefore would apply equally to all
cities in this region as regards the sale
of liquor. Others maintain that only
the Indian reservations are referred to,
despite the wording of the last half OF
the clause. In this case Marquette
would not be affected. although Sault
Ste. Marie, Ontonagon, L'Anse, and
most of Baraga county would have to
60 dry" inasmuch as these places
were designated as Indian reservations.
However, to interpret the clause liter
ally, this restriction would affect all the
land ceded by the Indians to the gov.
ernment, whichis presumed to be every.
thing in the upper peninsula.
The United States Land Offices here
are as well equipped a. the Offices Of
the general land commissioner at Wash
ington with copies Of treaties, law books
pertaining,to land sales, and all othel
documents which might determine thu
exact status Of the Indians cessions Il
the government, but the most exhaust
i've investigation fails to reveal any
definite boundary lines. According t
Chief Onowa Of the Chippewas, thu
eastern end Of the land ceded was on |
line from q point where the Chocola,
river enters Lake Superior, few mile'
east Of Marquette. to point near Els
CANADA. If this line be accepted, all th'
counties west Of there in the uppe,
peninsula. including Marquette, mus
, be ''dry."
! Oral testimony as regards land mat
tsrs, however, carriers no weight, ant
in the absence of any documentary evi
dence. Mr.. Heffernan states that tn
exact bounaries Of the Indians cession
would have to be left to the arbitrar.
decision Of the general land commission
er ct Washington or Of the president
. In this event, there would be very littl
doubt % to the final outcome, as Of
ficial of the United States Land Office
generally are Of the opinion that tn
land ceded by the Indians in this treat
covered al Of upper Michigan an
Minnesota.
. Nr. Rawden, attorney Tor the Ant
: Saloon league, expects some action b
: the government within few days. an
lxI~ ~~~..lk - g. - M--~.~>&k> a. 49,