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Saturday, January 22, 2005
BRICKWALL BUSTER #5
News article from the Atchison, KS Daily Globe, dated July 18, 1947 and mentions some Potawatami tribe men by name:
"TOPEKA. July 17 -- An Indian may noodle - fish by hand - but he must be a tribal Indian and he must noodle on the reservation.
That is the ruling which Edward F. Arn, attorney general, gave late yesterday after hearing the protests of four member of the Potawatomi tribe that they had been charged by Art Benander of Topeka, state game warden, last week with breaking the state fish and game laws. The Indians admit that they broke the law by noodling but claim that treaties give them the right to do so.
The fishing party was broken up at a spot within the general boundaries of the Potawatomi reservation in Jackson county, but Arn pointed out that about two-thirds of the land had been deeded away from the reservation by the Indians. County records will show, he said, whether the fishing spot was on trust or deeded land.
And the four Indians -- Joseph Marshno, Clayton Bear, John LeClair and Charles Harrison, Jr. must prove that they are tribal Indians, -- Indians, that is, who have not taken land in simple fee patent or otherwise given up their status or wards of the government.
Treaties of the tribes with the United States government almost always reserved to the Indians their right to hunt and fish at will and without regard to state and federal fish and game laws. The treaties of the Potawatomi nation with the government in 1846 and 1867 were silent on this point, Arn said, but the general rule is that the matter is mentioned in a treaty only if the rights are to be taken away.
The four fishermen incidently, had caught 40 pounds of channel cat by their ancient method. when Benander happened along."
News article from the Atchison, KS Daily Globe, dated July 18, 1947 and mentions some Potawatami tribe men by name:
"TOPEKA. July 17 -- An Indian may noodle - fish by hand - but he must be a tribal Indian and he must noodle on the reservation.
That is the ruling which Edward F. Arn, attorney general, gave late yesterday after hearing the protests of four member of the Potawatomi tribe that they had been charged by Art Benander of Topeka, state game warden, last week with breaking the state fish and game laws. The Indians admit that they broke the law by noodling but claim that treaties give them the right to do so.
The fishing party was broken up at a spot within the general boundaries of the Potawatomi reservation in Jackson county, but Arn pointed out that about two-thirds of the land had been deeded away from the reservation by the Indians. County records will show, he said, whether the fishing spot was on trust or deeded land.
And the four Indians -- Joseph Marshno, Clayton Bear, John LeClair and Charles Harrison, Jr. must prove that they are tribal Indians, -- Indians, that is, who have not taken land in simple fee patent or otherwise given up their status or wards of the government.
Treaties of the tribes with the United States government almost always reserved to the Indians their right to hunt and fish at will and without regard to state and federal fish and game laws. The treaties of the Potawatomi nation with the government in 1846 and 1867 were silent on this point, Arn said, but the general rule is that the matter is mentioned in a treaty only if the rights are to be taken away.
The four fishermen incidently, had caught 40 pounds of channel cat by their ancient method. when Benander happened along."
