History of the Yakima Valley, Washington; comprising Yakima, Kittitas, and Benton Counties, Vol. I, Part 63

Author: Lyman, William Denison, 1852-1920
Publication date: 1919
Publisher: [Chicago] S.J. Clarke
Number of Pages: 1134


USA > Washington > Benton County > History of the Yakima Valley, Washington; comprising Yakima, Kittitas, and Benton Counties, Vol. I > Part 63
USA > Washington > Kittitas County > History of the Yakima Valley, Washington; comprising Yakima, Kittitas, and Benton Counties, Vol. I > Part 63
USA > Washington > Yakima County > History of the Yakima Valley, Washington; comprising Yakima, Kittitas, and Benton Counties, Vol. I > Part 63


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As illustrating something of his manners and methods we quote from A. J. Splawn as follows:


"Wilbur, through his excellent service at Fort Simcoe, gained the confi- dence of the authorities at Washington and when, in 1873, a commission was appointed to meet at Linkville, Wilbur was named to serve on it with A. B. Meacham and T. B. Odeneal. Meacham refused to act with Wilbur and Odeneal, so two other men were appointed. They failed to make any treaty. I am not alone in thinking that, had Wilbur been present and Meacham many miles away, the life of Gen. E. R. S. Canby would not have been sacrificed. The Indians had faith in Wilbur, but none in Meacham.


"Whatever he might have been at times, Wilbur was always a Methodist. He built churches and turned out Methodist preachers from among the Indians. In his zeal to Christianize his wards, he would preach for them in the church houses and pray with them in their wigwams. He was certainly a crusader. Sometimes he would bribe an Indian to go to church on Sunday by plowing for him a day in the fields, and as the agent was a giant of a man, able to do a splendid day's work, the Indians were only too glad to attend church under these conditions.


"When Father Napoleon St. Onge, in 1867, was sent to reestablish the St. Joseph Mission in the Ahtanum, which had been burned by the Oregon Vol- unteers in the Indian War of 1855-56, a religious rivalry at once sprang up between him and Wilbur. There were already many Catholics among the In- dians, as the mission had been in existence seven or eight years previous to the outbreak, and the priest was a brilliant and worthy man. While some of the Catholic Indians had subsequently joined the Methodist Church, they were now returning to the mission. So dissatisfied did Wilbur become at this state of affairs, that he made a trip to Washington, D. C., in 1870 to lay the matter before the Indian department, with the result that President Grant issued an order allotting the spiritual welfare of the Yakima Indians to the Methodist Church. Father St. Onge left the mission, but the Catholic work was continued there by the Jesuits. Wilbur, however, had won his point and he maintained it.


"There is no possible question of the earnest effort Father Wilbur made to benefit the Indians as he saw it. It is equally true that, had he made the same investment of time and labor among his own race, there would have been much more to show for it. After a pretty long observation of the Indian, I have come to the conclusion that, where he sees a worldly advantage in it he will stick to Christianity ; but, if not, his religious ardor quickly cools.


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"Father Wilbur once told me a story which shows the characteristics of the man. In his church work in the Willamette Valley, in the early days when settlers were few and far between, he was requested to preach on a certain Sabbath in the Santiam district. He started out on horseback with a hard day's ride before him. Rain began to pour in torrents and darkness came on before he had reached his destination. Seeing at last a light, he rode up and halloed. The door opened and a voice inquired what he wanted. 'A place to stay over night,' said Wilbur. 'I can not find my way farther in the darkness.' The answer came back, 'We can not keep you, but about a mile further on you will find another house. Perhaps they can accommodate you there.' 'Thanks for your kind information,' said Wilbur. 'I expect to preach in this neighborhood tomorrow. This action of yours will furnish me the text for iny sermon.' When the man learned who the stranger was, he said, 'Why, Wilbur, I am a member of your church. Come right in. I will take your horse to the stable.' But the rider quickly replied, 'No sir, if you would not care for the poorest hireling who might be so unfortunate as to travel this way on a dark and stormy night such as this, your roof can not shelter James H. Wilbur.' And he rode on to find more hospitable people.


"Father Wilbur came nearer representing the type of Bayard of old, a man without fear and without reproach, than any one I ever knew. While the Indians sometimes got angry at him for his autocratic methods, they realized that he had their interests at heart, and they knew him to be fair and good. His credulity was often imposed upon, it is true, by men from time to time ar- rested for infringement of the rules and regulations of the Reservation. If the culprits did not already know, they soon learned Wilbur's weakness for a con- vert. The prisoners would ask to attend prayers, profess to repent of their sins and sometimes join his church, a line of conduct which never failed to bring about their release, with presents thrown in. That he favored the Meth- odist Indian there is no doubt. He had little use for the Catholic red man and still less for the wild, blanket Indian who still clung to his ancient ceremony and believed in his tam-man-a-was. That he faithfully endeavored to Christianize them all by making Methodists of them, no one will deny; and he failed only because, nature, a stronger force, was working against him.


"I had always supposed, and others had the same idea, that Wilbur had at one time, before entering the ministry, been a policeman on the Bowery in New York, but now that I come to write of him, I can not say that he actually ever told me so. I do recall, however, that he spoke about having to handle toughs, and we assumed that he meant in the Tenderloin. He certainly knew the trick, wherever he learned it. Two Indian friends of mine, while on a visit to some of their natives near the agency, got hold of some whisky and became troublesome. They were fine specimens of their race, both athletes priding themselves on their wrestling, and good fellows except for their weak- ness for fire water. Word came to Father Wilbur of the racket they were making, and he dispatched two of his Indian policemen to bring them into the agency. In a short time, the policemen returned without the prisoners, but showing signs of having tried to make the arrest. Wilbur himself mounted his mule-he weighed 300 pounds and could not find horses strong enough to carry


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him-and, with two other Indians, immediately set out for the scene of the disturbance. The boisterous Indians came out promptly, thinking to treat him as they had the policemen. Father Wilbur just took one in each hand by the neck and bumped their heads together until the blood ran from their noses; after which they went to jail meekly enough. Word of this exploit was carried from mouth to mouth through the tribes and no one, after that, cared to meas- ure strength with the powerful agent. The Indians that received the chastise- ment, laughingly told me about it, saying that Wilbur was not human, but part an-e-hoo-e (bear)."


Another story of Father Wilbur is derived from a book by Father Ken- nedy, another pioneer Methodist preacher.


"The Indians at once feared and loved him. While at the agency one time he told us the following story: A German brought a wagon of liquor onto the Reservation and began selling to the Indians. Down near the Satus River, twelve miles away from Fort Simcoe, he built his booth-set a tent-fixed a counter and shelves-put his stock in and was dealing out the 'fire water' as independently as if wholly protected by law. Some of the Indians were get- ting drunk when Father Wilbur discovered it. He sent word to the sheriff of Yakima County to go down there and arrest the intruder. The sheriff (I well knew him) sent word back that he knew that young German too well. That, having a large family on his hands to support he must let out that job to some one else; that he could have it if he desired. Next morning Father Wilbur saddled his riding mule, took a good riding horse with saddle and some ropes tied on behind. Then he called to his aid an Indian with saddle horse. To- gether they rode in sight of the booth; they dismounted and tied the three horses to trees. Father Wilbur then gave instruction to the Indian to stay by the horses, ropes in hand, and come to help when called. With no kind of weapon, he approached the place. The proprietor was ready for him-recognizing the agent-and had a double-barrel shotgun loaded and lying across his counter. When Wilbur got within forty feet the German took up the shotgun, saying, 'if you come any farther I will kill you.' Wilbur stopped; stood with a steady eye upon him, spoke not a word. The German began to pour out a volley of oaths, and after he was exhausted with cursing he took up a whisky bottle, poured some out into a glass and drank it. While engaged in that act, Wilbur sprang, like a cat upon a mouse, right upon that demon -- threw him backward on the ground, and was over him. But the German was a young and very stout man-he threw his hand back to his belt, grabbed his sheath knife, and made his aim at Wilbur's side. Seeing the move, he brought his foot with such force against the man's arm that the knife flew clear across the booth. Now the Indian was on hand, and with the ropes they securely tied the man, brought the horse, lifted him into the saddle, and soon were out on the road; and within two hours they had the 'demon' locked safely in the guard house. Once a day Father Wilbur would go to his cell and take in bread and water. The man would curse. On going in on the third day, he called to Wilbur : 'I have acted like a fool, Mr. Wilbur, now if you will release me I will go down to my store of 'fire water,' pour out the last drop of it, go home, and live like a man the balance of my life.' 'I'll take you at your word,' said Wilbur. He saddled the horses and


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the two rode down to the twelve-mile place. True to his word that German poured out all his whiskey, then telling Father Wilbur 'good-bye,' turned away to go home to the Spokane country. 'Hold,' said Wilbur, 'you will need money on your journey, here is twenty dollars-go now, and God bless you.'


"About ten years after Father Wilbur was over in the Palouse country on a preaching tour. Held night meeting at a certain place. At the close of the meeting a good looking, strong young man came forward to shake his hand. 'Father Wilbur, I suppose you will not recognize me. I am far from the place where you last saw me, and a very different man ; thanks to God and yourself. I'm the man who tried to ruin your Indians with liquor, and you kept me on bread and water for three days. That little experience made me the man I now am. Come back here, I want to introduce you to my wife and children.' He had kept his word, and was now the strongest man in that church."


Upon the retirement of Father Wilbur in 1884, there were several ap- pointees, none of whom had long terms. In the order in which they came, these agents were Captain Burns, General Milroy, Captain Thomas Priestly. W. L. Stabler, Major Jay Lynch for four years beginning in 1890. Then came L. T. Ervin for a short time, and then reappointment of Major Jay Lynch again in 1897. In 1902 a chance was made by which Indian agents came under civil service rules. The official designation by the term agent was succeeded by that of superintendent. The salary was the same. Major Lynch continued under the name of superintendent till the year 1909. In that year S. A. M. Young was appointed. He held the position three years and was succeeded by Don M. Carr, who is still superintendent.


ALLOTMENT OF LAND IN SEVERALTY


Perhaps the most important step taken during Mr. Lynch's incumbency was that of assigning lands to the Indians in severalty and thus gradually breaking up the reservation system. This policy came into vogue generally throughout the country during the period of the administrations of Cleveland and Harrison. It is obviously the only way to secure the development of a sense of responsibility and the other moral and mental qualities which will fit Indians for citizenship. The Reservation system, while unavoidable as a trans- ition stage, had serious defects. To our national shame be it said, the Indian service was the prey of grafters and pirates to a greater degree than any other service.


Even when there were agents of high character-as they generally were- the opportunity for plunder by contractors and hangers-on and political cor- morants in general were so great that both the Government and the Indians were swindled at almost every turn. The manner in which these gambling and whiskey pirates and the outwardly more respectable but inwardly more base political pirates, looted the Government and debased the wards of the Goverit- ment, oftentimes being the chief causes of Indian wars, in which innocent settlers were the chief sufferers-is so atrocious as to make one temporarily lose faith in our government. Happily justice and right got the upper hand in time. Philan- thropists in the press and on the platform kept rousing the conscience of the


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people and turning the searchlight of publicity upon the shady transactions of the group of freebooters. In Congress men like Dawes and Haskell and others kept the subject hot, and successive secretaries of the interior and commissioners of Indian affairs, framed plans which eventuated in better laws and better adminis- tration. While much is still to be desired, yet the improvement in the last quarter century has been so marked that we seem truly to be in a new era.


The laws providing for allotments of land on the Reservation are of so much interest and value that we include parts here.


-Public Acts of Fifty-eighth Congress, Third Session, 1904-5-


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and directed, as hereinafter provided, to sell or dispose of unallotted lands embraced in the Yakima Indian Reservation proper, in the state of Washington, set aside and established by treaty with the Yakima Nation of Indians dated June eighth, eighteen hundred and fifty-five; Provided, That the claim of said Indians to the tract of land adjoining their present reser- vation on the west, excluded by erroneous boundary survey and containing approximately two hundred and ninety-three thousand eight hundred and thirty- seven acres, according to the findings, after examination, of Mr. E. C. Barnard, topographer of the Geological Survey, approved by the Secretary of the In- terior April seventh, nineteen hundred, is hereby recognized, and the said tract shall be regarded as a part of the Yakima Indian Reservaiton for the pur- poses of this act : Provided, further, That where valid rights have been acquired prior to March fifth, nineteen hundred and four, to lands within said tract by bona fide settlers or purchasers under the public-land laws, such rights shall not be abridged, and any claim of said Indians to these lands is hereby declared to be fully compensated for by the expenditure of money heretofore made for their benefit and in the construction of irrigation works on the Yakima Indian Reservation.


SEC. 2. That allotments of land shall be made, under the direction of the Secretary of the Interior, to any Indians entitled thereto, including children now living, born since the completion of the existing allotments, who have not here- tofore received such allotments. The Secretary of the Interior is also authorized to reserve such lands as he may deem necessary or desirable in connection with the construction of contemplated irrigation systems, or lands crossed by exist- ing irrigation ditches; also lands necessary for agency, school, and religious purposes ; also such tract or tracts of grazing and timber lands as may be deemed expedient for the use and benefit of the Indians of said reservation in common ; Provided, That such reserved lands, or any portion thereof may be classified, appraised, and disposed of from time to time under the terms and provisions of this act.


SEC. 3. That the residue of the lands of said reservation, that is, the lands not allotted and not reserved-shall be classified under the direction of the Secretary of the Interior as irrigable lands, grazing lands, timber lands, mineral lands, or arid lands and shall be appraised under their appropriate (35)


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classes by legal subdivisions, with the exception of the mineral lands, which need not be appraised, and the timber of the lands classified as timber lands shall be appraised separately from the land. The basis for the appraisal of the timber, shall be the amount of standing merchantable timber thereon, which shall be ascertained and reported.


Upon completion of the classification and appraisements the irrigable, grazing, and arid lands, and the timbered lands upon the completion of the classification, appraisement, and the sale and removal of the timber therefrom, shall be disposed of under the general provisions of the homestead laws of the United States, and shall be opened to settlement and entry at not less than their appraised value by proclamation of the President, which proclamation shall prescribe the manner in which these lands shall be settled upon, occupied, and entered by persons entitled to make entry thereof, and no person shall be permitted to settle upon, occupy, or enter any said lands, except as prescribed in such proclamation, until after the expiration of sixty days from the time when the same are opened to settlement and entry ; Provided, That the rights of hon- orably discharged Union soldiers and sailors of the late Civil and Spanish wars and the Philippine insurrection, as defined and described in sections twenty- three hundred and four and twenty-three hundred and five of the Revised Stat- utes, as amended by the act of March first, nineteen hundred and one, shall not be abridged : Provided further, That the price of said lands when entered shall be that fixed by the appraisement or by the President, as herein provided for, which shall be paid in accordance with rules and regulations to be prescribed by the Secretary of the Interior, upon the following terms: One-fifth of the pur- chase price to be paid in cash at the time of entry, and the balance in five equal annual instalments, to be paid in one, two, three, four, and five years, respec- tively, from and after the date of entry. In case any entryman fails to make the annual payments, or any of them, promptly when due, all rights in and to the land covered by this entry shall cease, and any payments theretofore made shall be forfeited and the entry cancelled, and the lands shall be reoffered for sale and entry; And provided further, That the lands embraced within such cancelled entry shall after the cancellation of such entry, be subject to entry under the provisions of the homestead law, at the appraised value until other- wise directed by the President, as herein provided.


When the entryman shall have complied with all the requirements and terms of the homestead laws as to settlement and residence and shall have made all the required payments aforesaid, he shall be entitled to a patent for the lands entered : Provided, That the entrymen shall make his final proofs in accordance with the homestead laws within six years; and that aliens who have declared their intention to become citizens of the United States may become such entrymen, but before making final proof and receiving patent they must have received their full naturalization papers: Provided further: That the fees and commissions to be paid in connection with such entries and final proofs shall be the same as those now provided by law where the price of the land is one dollar and twenty-five cents per acre: And provided further, That the Sec- retary of the Interior may, in his discretion, limit the quantity of irrigable land that may be taken by any entryman to eighty acres, but not less than that quan-


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tity ; And provided further, That when, in the judgment of the President, no more of the said land can be disposed of at the appraised price, he may, by proclamation, to be repeated at his discretion, sell from time to time, the re- maining lands subject to the provisions of the homestead law, or otherwise as he may deem most advantageous, at such price or prices, in such manner, upon such conditions, with such restrictions, and upon such terms as he may deem best for all the interests concerned.


The timber on lands classified as timber lands shall be sold at not less than its appraised value, under sealed proposals in accordance with such rules and regulations as the Secretary of the Interior may prescribe.


The lands classified as mineral lands shall be subject to location and dis- posal under the mineral-land laws of the United States: Provided, That lands not classified as mineral may also be located and entered as mineral lands, sub- ject to approval by the Secretary of the Interior and conditioned upon the pay- ment, within one year from the date when located, of the appraised value of the lands per acre fixed prior to the date of such location, but at not less than the price fixed by existing law for mineral lands ; Provided further, That no such mineral locations shall be permitted on any lands allotted to Indians in severalty or reserved for any purpose as herein authorized.


SEC. 4. That the proceeds arising from the sale and disposition of the lands aforesaid, including the sums paid for mineral lands, exclusive of the customary fees and commissions, shall, after deducting the expenses incurred from time to time in connection with the appraisements and sales, be deposited in the Treasury of the United States to the credit of the Indians- belonging and having tribal rights on the Yakima Reservation and shall be expended for their benefit under the direction of the Secretary of the Interior in the construction, completion, and maintenance of irrigation ditches, purchase of wagons, horses, farm implements, materials for houses, and other necessary and useful articles, as may be deemed best to promote their welfare and aid them in the adoption of civilized pursuits and in improving and building homes for themselves on their allotments : Provided, That a portion of the proceeds may be paid to the Indians in cash per capita, share and share alike, if in the opinion of the Secretary of the Interior such payments will further tend to improve the condition and ad- vance the progress of said Indians, but not otherwise.


SEC. 5. That the Secretary of the Interior is hereby authorized in the cases of entrymen and purchasers of lands now irrigated or that may be here- after irrigated from systems constructed for the benefit of the Indians, to re- quire such annual proportionate payments to be made as may be just and equitable for the maintenance of said systems: Provided, That in appraising the value of irrigable lands, such sum per acre as the Secretary of the Interior may deem proper, to be determined as nearly as may be by the total cost of the irrigation system or systems, shall be added as the proportionate share of the cost of placing water on said lands, and when the entryman or purchaser shall have paid in full the appraised value of the land, including the cost of providing water therefor, the Secretary of the Interior shall give to him such evidence of title in writing to a perpetual water right as may be deemed suitable: Provided. That the Secretary of the Interior shall have power to determine and direct


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when the management and operation of such irrigation works shall pass to the owners of the lands irrigated thereby, to be maintained at their expense, under such forms of organization and under such rules and regulations as may be ac- ceptable to him: Provided also, That the title to and the management and operation of the reservoirs, and the works necessary for their protection and operation, shall remain in the Government until otherwise provided by Con- gress.


SEC. 6. That the Secretary of the Interior is hereby vested with full power and authority to make all needful rules and regulations as to manner of sale, notice of same, and other matters incident to the carrying out of the pro- visions of this act, and with authority to reappraise and reclassify said lands if deemed necessary from time to time, and to continue making sales of the same, in accordance with the provisions of this act, until all of the lands shall have been disposed of.


SEC. 7. That nothing in this act contained shall be construed to bind the United States to find purchasers for any of said lands, it being the purpose of this act merely to have the United States to act as trustee for said Indians in the disposition and sales of said lands and to expend or pay over to them the proceeds derived from the sales as herein provided.




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