Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1924-05-08
INDIANS NEED
NOT PURCHASE
GAME LICENSES

Under ruling by the u. s. dis
trict attorney for Idaho, and in
which the attorney general for Ida
no has concurred, Nez Perez Indians
are exempt from provisions of the
state game law relative to purchase
of game licenses, daily bag limit and
taking of game out of season.
The states agreement is only ten
tative, as it is not desired to take the
matter into the U. S. courts at this
time, but it is the understanding that
If the Indians presume upon the priv
ileges granted by the state, the mat
ter will then be taken into the courts
for final determination. The state
department does not object to allow
ing the Indians to hunt and fish with
out licenses, but the taking of game
out of season or violation OF the bag
limit for fish or game will be resist
ed by the state authorities.
RELY ON 1855 TREATY
The Indians are relying on the
treaty of 1855 and the agreement of
1893 in supporting their contention
that they are not only exempt from
the provisions of the state laws but
that white people have no legal rights
to take fish and game within the
boundaries Of the former Nez Perez
domain, which extended from the
Blue mountains of Oregon, to the
summit of the Bitter Root mountains
and from Salmon river to an east and
west line passing Mt. Steptoe.
Article 3, of the treaty of 1855,
provided:
''The exclusive right of taking fish
in all Streams running through or
bordering on said reservation is fur
Their secured to said Indians as also
the right of taking fish at all usual
and accustomed places in common
with citizens of the territory and of
erecting temporary buildings for
curing, together with the privilege of
hunting, gathering roots and berries
and pasturing their horses and cat
Die on open and unclaimed lands"
Article H. of the agreement en-
tered into in 1898, is as follows:
"The existing provisions of all for
mer treaties with said Nez Perez In
dians. not inconsistent with the pro-
visions of this agreement, are hereby
continued in full force and effect"
LETTER TO DEPUTIES
The following letter has been Sent
to all deputy game wardens by r. p.
Thomas. state game warden:
"In April, of 1922, after a confer
ence with some of the Nez Perez In
dams, the governor, the attorney gen.
eral and the u. s. district attorney,
this department made q ruling that
the Nez Perez Indians were not re-
quired to purchase licenses for the
privilege of fishing or hunting In the
state of Idaho but that they must
comply with ali other regulations and
laws applicable to the killing or TAX
ing of game, fish or fur-bearing AMI
mails
subsequently, IL was contended by
certain of our constituents that by
reason of the fact that the Nez Perez
Indians no longer lived upon the
reservation nor maintained tribal re-
lations, this fact entirely altered the
situation. The department of interior
at Washington, however, views this
matter differently and contends that
the greater portion of the land within
the area which makes up the Nez
Perez reservation is stiTl under the
control and the direct supervision of
the United States and that the bur-
eau of Indians affairs maintains an
office and force of employees to look
after the interests of the Nez Perez
Indians: also. that the land over
which the federal government exer-
cises control is just as much res
ervatiOn as formerly and that the
laws of the United States are still in
full force and effect Such being the
case. the ruling above referred to
still stands.
STATE WANTS EVIDENCE
ain discussing these matters with
the U. s. district attorney, and in or
der not to bring cases into court with
out any certainty of jurisdiction, we
desire that in all cases of violations
Of the state statutes on the part of
Indians occurring in your immediate
territory or coming within your
you secure any and all
evidence pertaining to such purported
seize and hold any tang
ible evidence in connection with such
cases and before going further, sub
nit the entire matter to the state
game warden at Boise, with the evil
ience. We will present this evidence
to the attorney general and the U. s.
district attorney at Boise and will be
more or less guided by their opinion
as to the legal status of these cases.
In other words, before prosecuting
indian cases, we first desire to deter
nine our Jurisdiction"