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Title: The Discards
Author: McWhorter, Lucullus Virgil
Language: English
As this book started as an ASCII text book there are no pictures available.
Copyright Status: Not copyrighted in the United States. If you live elsewhere check the laws of your country before downloading this ebook. See comments about copyright issues at end of book.

*** Start of this Doctrine Publishing Corporation Digital Book "The Discards" ***

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  He-mene Ka-wan: "Old Wolf"




  Supplement to _The Discards_           Copyright


  =Chief of the Ahtanum Clan of the Yakimas, Deceased Dec. 17, 1915=

  See the Chief's Memorial to the "higher officials," April 13, 1913,
  in which he prayed for simple justice relative to his stolen water
  rights. The venerable Chieftain passed over the Last Trail, still
  hoping for the relief that never came. See Lyman's Hist. Yakima
  Valley, Vol I, pp 916-920. Continued Crime Against the Yakimas,
  1913.                                               Price 10c.]


  _By HE-MENE KA-WAN: "Old Wolf"_

  Author of

  "The Crime Against the Yakimas"
  "Border Settlers of Northwestern Virginia"
  "Rebellion (?) of the Yakimas"
  "The Continued Crime Against the Yakimas"

    By the rivers of Babylon, there we sat down, yea, we wept when
    we remembered Zion.

    We hanged our harps upon the willows in the midst thereof.

    For there they that carried us away captive required of us a
    song; and they that wasted us required of us mirth, saying, Sing
    us one of the Songs of Zion.--Psalms 137:1-2-3.


An explanation is the only excuse for this little publication. =The
Discards= were primarily to appear in the Second or Summer Season Number
of =The American Indian Tepee=, a quarterly launched for the avowed
purpose of combating the manifest evils of the Indian Bureau; the fraud
and graft imposed with impunity on the child-minded tribesmen by the
robber speculator, land thief and all round crooks who swarm the
reservations; as well as creating a deeper sentiment of respect for the
Red race by giving first hand the Indian side of life; his poetry,
music, philosophy and tribal history.

As an adopted Yakima, the chief editorship was tendered me and was
accepted with no thought of compensation other than the satisfaction of
attempting to do something for a greatly maligned and hampered people.
The first editorial in the initiative number of the =Tepee=, reveals the
faith that was placed in the declared purpose of the management, which
would now appear as mere ostentation. This became more apparent as work
on the second number progressed. Reproductions foreign to the vital
Indian cause were given precedence over "fighting" originality; and when
the Wolf =howled=, he was summarily =bounced= by the Fox, who then assumed
full control as both manager and editor.

The contribution by =Hal-ish Ho-sat=: Klickitat for "Old Wolf"; was the
first of a series of hitherto unpublished legends of the Yakimas and
kindred tribes contemplated for the =Tepee=. This, with some editorials,
one or two incomplete, were retained and made use of, while the
=Discards=, a few in galley proof, were returned to me. The editorial
explanation of my severance with the =Tepee= was in bad taste and my own
card was censored to suit the drawing.

Perhaps the Wolf was too strenuous and the =Discards= had no place in =The
Tepee's= pages. Doubtless the Manager will receive laudation from certain
elements for his action; but believing it good at times that the public
be made acquainted with disagreeable facts, such as contained in some of
these rejects, they are here offered as mere samples of far reaching
conditions. If "Elasticity of Indian Bureau Promises" appear unworthy of
credence, there are the abandoned allotments, parched and dry, still in
evidence, as well as voluminous correspondence on file in the Indian
Department. The pie from the Indian Bureau bakery may look appetizing
and palatable on the printed menu. Lift the crust! then--shield your
nose as you watch 'em crawl. The "consideration" from the honest
business man for Poor Lo's heritage ofttimes shows glitteringly
munificent. Insert the probe! gilded illusion--"mess of pottage"--vermin
infested and stenchful.

And all this under a Government of the people ($), by the people ($$)
and for the people ($$$).

                                         =He-mene Ka-wan=: "Old Wolf".
                                                    (L. V. McWhorter).

  July 23, 1920

_That "Same Old Howl"_

Many of the Yakimas are wondering how long it takes the Indian
Department to make good a promise. Tribesmen have waited vainly the
years for a consummation of pledges made, while others, sore at heart
and foot weary have passed over the Last Trail with thoughts embittered
by the memory of wanton indifference, if not actual connivance of the
Department officials in the brazen robberies which they have suffered.
Ugly, sombre facts have been unearthed in the no distant past, while
others are incubating for an unsavory hatching.

Fraudulent land deals and theft of irrigation waters are common
complaints. The riparian right to water established by long usage, is a
joke when applied to the Indian. During the vital irrigation period of
May, present year, the editor personally looked into conditions of one
Indian ditch on the Ahtanum. Three Indian allottees, Louis Mann, William
Adams and Joe Yemowat, dependent in part upon this ditch, had not been
able to obtain a drop of water, while white renters above them had been
receiving a full flow for a month. Mr. Clyde Stevens, a heavy renter,
had "soaked" a forty acre field the second time, while two other renters
were getting water galore. In one instance a secret way was discovered
taking a heavy flow. In marked contrast to the luxuriant crops on these
lands, were those of the Indians, parched and withered. While the Indian
Department has no jurisdiction over the distribution of the water in
this particular ditch it =does= have jurisdiction over the leased lands
and has the power to evict any undesirable tenant. Why does it allow a
water-hog to fatten at the expense of those whom it holds in its iron
grasp? If the Injun "hollers" he is branded as a troublesome complainer
and peace disturber. Intimidated and helpless, he suffers deep wrongs in
stolid silence. A husky, in an altercation with one of the looters in
question, took unreasonable abuse rather than come to blows. When asked
why he did this, he replied:

"I am not afraid of him--the shrimp. I could break him in two. It is his
law that I am afraid of. I know what an Injun would get in court. I have
a family to live for. Our Agent is supposed to protect us in our rights.
He does nothing. He knows that the white man has no right to the water
in this, our Injun ditch. He knows that it is being stolen from us. This
white water thief is protected. He says that Mr. Carr is a fine man. Of
course he should speak well of Mr. Carr. Look at this water thief's
crop, this Mr. Stevens and others. They are fine while our crops are
scorched for water. When only Injuns were on this ditch we had no
trouble. All got water, dividing with each other. I was driven from the
Medicine Valley country because Mr. Reece B. Brown stole all my water
eleven years ago. The Indian Department knew of it, but the Department
is afraid of Mr. Brown or stands in with him in that grab. I came over
here on the Ahtanum to farm and now they steal my water here. The
=Shoyahpoo= is a hog. He takes all and squeals for more."

It takes no careful observer to ride through the Ahtanum Reservation
lands and pick out the Indian tilled lands from those of white owners
and lessors. The former invariably present a withered appearance, while
those of the whites show fine crops, resultant from sufficient water.
There may be exceptions to this rule, but the cases are few. One fair
minded white man said, when questioned:

"The Indians get the dirty end of the water deal. The ditch tender has
lands leased down near the lower end of the canal. He has, so he was
heard to say, now finished irrigating his crops for the present, and
turned his water to the orchards owned by whites. It is not right to
have an interested man distributing this water."

  [Illustration: =LOUIS CHARLES MANN=

  Recognized Head of the Ahtanum Clan of Yakimas. From "The Crime Against
  the Yakimas." (Copyrighted)]

Mr. Lew Perkins is Ditch Tender for the Ahtanum section in controversy.
His crops on Indian leased lands show that they have suffered no dearth
of water this season. It is hard to conceive that the Indian officials
are blind to conditions so openly apparent. In 1916 the Ahtanum
situation, the gross injustice suffered by these Indians in stolen water
rights, was exposed in an illustrated article in an eastern journal of
30,000 copies, under the caption: =The Continued Crime Against The
Yakimas=. Promises from the powers that be was the only result. Louis
Mann was referred to by Mr. Dorrington, Indian Inspector, as: "Howling
the same old howl that he has put up for ten years." Does it redound to
the credit of the Indian Department that one of its Wards should howl
vainly for simple justice even for one year? Apropos to this question is
the following letter. Mr. L. M. Holt is Chief Engineer, Indian
Reclamation Service. Mr. Lee referred to is Supervisor of Ditches for
the Yakima Agency.

    L. M. Holt,                       Yakima, Wash., July 6th, 1920

    Dear Mr. Holt:

    I have been deprived from my irrigation waters, my neighbors
    steal my water and I have been studying where to make my report
    to, as you have all grades of employees on this irrigation
    system. As there is earth without water no living man can farm
    his dry lands in the Spring, and the white man has no better
    system in his body or being he is no better than I am why I
    write you so because he dies just the same as poor Injuns die so
    therefore I see why you turn all the water for his side and
    leave us destitute helpless. Do you be satisfied if I go up to
    the head gate and burst up the head gate and get my share of
    this irrigation waters for my crops. Is the white man looking
    for war path about this irrigation system? I am all time
    wondering where all these white people came from. They must have
    come where people are starving and they grab everything they
    come to. Where did they come from any way, from above the clouds
    or from hell? This puzzles me. Everything they want to
    themselves, and they are hogging all the time. Their hunger for
    more money is not filled; they all time want more, and as I hear
    them often say "Damn the Indians" now, but where them white
    devils go when they do die, and who is the man on this earth can
    tell me I lie. Oh, no, I have been studying these subject for
    many years, white man ways of living is no good to me, I hate it
    but I cannot help it, as every year I am fussing about this
    irrigation system. Now the earth and water is all time here, but
    me, I shall be gone where everybody go time they do die, and I
    want to live right while living, now I am losing 5 acres in
    wheat and 6 acres in alfalfa, now who can protect my rights
    about this irrigation system. You want cash down every time and
    from the start my irrigation waters been cut short all time. Now
    I have six seven rows, that is all for my $60.00 and how do you
    expect any man to be a farmer that way. It seems to me the
    government is robbing me out of my money. I want to find out who
    is the man betrayed my rights on this irrigation system on this
    Ahtanum creek. Since all the Ahtanum creek is a reservation
    stream all the creek is ours in first place, and Secretary
    Garfield robbed us time he gave our water to the whites at the
    Ahtanum Academy. White ladies sang a song to him for more Hiyou
    Chuck. Was this fine scheme and now we are robbed today. Who
    will help us out. Mr. Lee has power to rob us out of our
    irrigation system, he is the man told the head gate man to shut
    off. I learn this from one of my white man friends. I remember
    one time of seeing Mr. Lee at old man Seluskin house time he
    told the old man Seluskin he was a man from Washington, D. C. to
    help the Indians on this reservation on the irrigation system,
    now this day this very same man is no help to us Injuns. I am
    not mad at him when I write you this. Now this irrigation system
    is too far beyond the law, don't you take me for a bunch of
    Coyotes. Look out, do what is right. I am a person just the same
    as whites are: we all live by eating same food, and I want to be
    in a right living while living on this earth. I was there in
    your office twice but you was gone. I want to see you but I do
    not know when. I shall see what can be done toward protecting
    our irrigation system on this Ahtanum valley, and you know this
    earth and water was here and thereon it was the Injuns, and this
    will be all.

                              I am your truly poor friend,

                                                         LOUIS MANN.

As a substance of fact no white man has a right to any of the water from
this Indian ditch, yet year after year the thefts go on unpunished. Is
it any wonder that the Indian has learned to look upon the Agent as a
conniver with the white man to loot and despoil him of his own? The
lame excuse that such things go on unknown to the Indian officials is to
be taken with a mountain of allowance. These Ahtanum Indians have for
years clamored for justice, and have in turn been branded by the
inspectors as "howlers." Such treatment makes Bolshevik and I. W. W. of
white people.

_Elasticity of Indian Bureau Promises_

NOTE: This article was added to after discardure by the =Tepee=.

There is an unmistakable national wide agitation looking to the complete
abolition of the Indian Bureau. The insistent outcry of the Indian
against flagrant injustice suffered at the hands of this political
incubus with its army of 7,000 employees, is reaching the rank and file
of the people and already the Czars are visioning the handwriting on the
wall. But as yet the masses know practically nothing about reservation
conditions, know nothing about the inner workings of the Agencies, know
nothing about the blundering incompetency if not down-right dishonesty
of many of the acting officials. Methods employed in letting grazing
permits to outside stockmen, leasing of agricultural lands and the
distribution of irrigation water, too often appear shady and
questionable. On the Yakima Reservation, Wash., water rights of long
standing have been ignored, the entire flow of Indian constructed canals
seized upon, confiscated by the Department or openly stolen by
unprincipled scoundrels who apparently have a stand in with the "higher
ups." Why foster a Bureau which will tolerate and countenance such
brazen and uncovered thievery of the only means by which an Indian can
make use of his lands? A Bureau under which apparently a rich and
powerful "System" has sprung up and is operating. A single case:

Near White Swan, nine Indian eighty acre allotments were receiving water
from a ditch of their own construction, tapping Medicine Valley. Indian
homes were established on all these tracts, each irrigating from ten to
sixty acres. Some had planted small orchards, others were gardening and
raising grain. About eleven years ago, one Reece B. Brown bought at a
low figure the Umtouch allotment on the west, the first receiving water
from the ditch. Mr. Brown, who has been connected with divers
litigations connected with Reservation deals, boldly appropriated (?)
all the water from the lower eight allotments, diverting it to his own
land which was planted to orchard. The Agent knew of the
"appropriation." He did nothing--for the Indians. I personally called
the attention of the Acting Engineer of the Indian Reclamation Service
to the robbery. An "investigator" looked the situation over. Looked, and
nothing more. The Commissioner of Indian Affairs was appealed to. An
investigation and promises--nothing more. The aid of the Secretary of
the Interior was invoked. An "investigation" and more promises--nothing
more. In 1913 I was told by Superintendent Carr that suit had been
instituted in the Federal Court for the recovery of this water, and a
subsequent letter from the Assistant Indian Commissioner in reply to an
inquiry, stated that such suit was "pending." The case has never
progressed beyond this "pending" stage. Evidently the "pending" cord was
most carefully selected for its stretching and wearing qualities. Is the
Indian Bureau a party to the crime? Or is it only afraid of the reputed
millionaire water "appropriator"? So far the "investigations" have all
been conducted by the Indian Bureau officials only. Will a higher
tribunal be invoked before another Planting Moon shall have arrived?

In 1916 a very full account of this most disgusting affair was given by
me in an eastern journal of 30,000 copies, under the caption: =The
Continued Crime Against The Yakimas=. This brought out a feeble renewal
of never-to-be-kept-promises from the Department. Water by the Wapato
Canal would cover these lands "next year" in any event. Several "next
years" have passed and these lands are still powder-dry, while the
orchards planted on the Umtouch allotment have flourished and brought
returns, nourished by stolen water. The other eight allotments are also
producing--fine second growth desert sage. The houses are tumbling to
decay, the fencing in some instances disappearing beneath the drifting
sand dunes--fitting monument to the cowardly, vacillating policy of an
obsolete Bureau.

Of late the Department has ignored all local letters touching Brown's
seizure of the Indian water and the "pending" suit, but goaded and
cornered by a Boston philanthropist, the Hon. Cato Sells while not
conceding a crime, has agreed that the water "diminished" in that
particular ditch; but points pridefully to Departmental activity in
bringing water to the lands "this season" by the Wapato Canal; or by the
storage system of Medicine Valley or Toppenish Creek "next year." Nay
more! another "investigation" by Supt. Carr and Federal District
Attorney, Francis H. Garrecht, actually took place in a Yakima hotel
lobby last spring, where it was found that: "Differences of opinion
between white settlers and Indians regarding Water rights along Medicine
Creek have arisen;" and that "it is probable that cases which have
already been in court will again have to come up for adjudication."
Later in response to an inquiry, Mr. Garrecht intimates that some time
and some where some body may be summoned to give testimony in a possible
suit against the Reservation Water Hog.

During all these weary years, the Indians, who have not died, have been
buoyed up by these worthless and hollow promises of "water next year;"
inducing some of them, especially Luke Wappet, to repeatedly plant
fields only to meet with disappointment and loss of both seed and labor.
Wappet had sixty acres under cultivation until Brown stole the Indian
ditch dry. Last spring I saw him toiling on a ditch hoping to bring
water from another source, but met with failure. His wheat crop withered
and blasted as on former occasions.

Forty acres of Simon Goudy's allotment lies just east of the Wappet
tract, and on the extreme tail of the looted Medicine Valley ditch.
Goudy had this north forty under cultivation, now returned to desert
sage and weeds. Instead of this land being covered by the Wapato Canal
as repeatedly promised, the waterway has been constructed along the east
line of his ranch, which irrigates from the west. Goudy cannot irrigate
the fraction of an acre from this "bring-water-to-you-next-year" canal.
Not only this, but the canal embankment completely closes all avenue of
escape for waste water from his south forty acres, heretofore utilized
by his neighbor, Simon George, Indian, whose land adjoins him on the
east. Simon George received his water through Goudy's lateral, which was
severed by the canal. The flimsy, half-sized flume constructed over the
canal by the Indian Service for the purpose of a waterway, broke down
within a few hours after water had been turned into it. Mr. George was
compelled to rebuild the flume, enlarging it to capacity at his own
expense. His loss in damaged crops because of this delay was not


  Showing the Embankments of the Canal Which Completely Bars the Escape of
  Simon Goudy's Waste Water]

Approximately four acres of Goudy's land was taken by the canal right of
way, soil being appropriated even beyond the fenced limits, leaving the
surface so lowered as to swamp and become worthless. For this right of
way, Goudy received not one dollar for either ground or damages

Running midway from west to east through Goudy's allotment is the dry
bed of a small creek, which carries water contingent only on the
heaviest snows of winter. The Wapato Canal completely blocks this water
way, but a gap has been left in the west, or near embankment for the
purpose of permitting any possible flow of the creek to enter the canal.
This of course allows the canal to empty into the dry bed, filling it to
within a few hundred feet of Goudy's west line. This former dry
depression, which Goudy always kept free from waste water, is thus
converted into a veritable lagoon, unfordable and which in time will
develop into a mosquito-breeding, willow-grown swamp.

Mr. Goudy irrigates his south forty acres from the Paiute Ditch, which
was constructed by Indians under the supervision of James H. Wilbur,
Agent, for the Paiute prisoners of war brought to the Yakima Reservation
at the close of the Bannock uprising in 1878. The Paiutes running away,
the ditch was turned over to the Yakimas by Agent Wilbur, and has been
used by them unmolested during the intervening forty one years. Mr.
Goudy built his own lateral more than a quarter of a century ago. This
year, during the vital irrigating season of May, three several "ditch
tenders" called upon him, ordering him not to use such a volume of
water, although water was running waste down the main creek bed. The
Indian refused to obey the injunction. It appeared to him that it was
not enough that he had been despoiled of water for half of his ranch by
a seemingly upheld thief, but the Government was now bent on ruining, or
confiscating his remaining water supply. The danger point had been
reached and the "ditch tenders" were afterwards conspicuous by their
absence on the Goudy lateral. Perhaps the "tenders" had a vision of an
outraged Indian with a Winchester near that same spot on a former
occasion, when the foreman of the railroad construction gang suddenly
realized that his health was in jeopardy should he insist too
strenuously on entering Goudy's field before settlement of right of way

  [Illustration: =SIMON GOUDY, Allottee=

  Robbed of His Medicine Valley Ditch Eleven Years Ago, 40 Acres of His
  Ranch, Where Once He Harvested 892 Sacks of Fine Wheat, Is Now, Thanks
  to Indian Bureau Efficiency, a Desert Waste of Drifting Sands and
  Useless Sage.]

As stated, Mr. Goudy has no outlet for his waste drainage, and about
four acres of growing wheat and alfalfa became flooded in consequence.
This he saved by cutting the canal bank, the overflow escaping through
the vent. Earlier in the season and before irrigation, I had, at the
instance of Mr. Goudy, called the attention of the Indian Service
Engineer, Mr. L. M. Holt, to the fact that Mr. Goudy had not been
provided with an outlet for his waste flow; and the reply was: "We do
not expect him to have any waste water." It was not known at that time
that an attempt would be made to curtail his Paiute source of water.

Thus we see how Simon Goudy, allottee, has been damaged thousands of
dollars, as land values are computed in that section, how he has
suffered not only at the hands of an unrestrained water-thief, but also
from the very Bureau officials sworn to protect him in his vested rights
as a Ward of the Government. He recalls bitterly how he was refused
patent for his south forty acres when the White Swan branch of the N. P.
Railroad was under construction, when he thought by realizing on it as a
town site. Soon after he was waited on by a committee of "business men"
who assured him that they could easily obtain the coveted patent for
him, provided he first contract the land to them. Now, that there is no
longer an opportunity to realize on it as a town site, he is importuned
by the Bureau to accept a patent and become a full fledged citizen
of--his own native land.

Can the most prejudiced of "Indian haters" find excuse for the treatment
accorded Simon Goudy by the Indian Department? And yet there are other
potential facts which would lend color to Goudy's contention that he has
incurred the divine displeasure of the Bureau officials and has been
singled out as an object of dirt and spite. As incredulous as this may
seem there are grounds for the conjecture. Petty annoyances and
discriminations suffered by Goudy are many and manifold. The Agency
thrasher has more than once refused to thrash his crop until all others
were attended to. Last year it passed and repassed his stack yard,
compelling him at additional cost of time and money to procure another
machine lest his grain damage by possible rain as on a former occasion.

But Mr. Goudy is not the only allottee to suffer by this
"past-all-understanding" methods of the Indian Service. There are other
Yakimas on the Paiute Ditch. Louis Mann has two inherited eighties below
the Goudy lateral and this year has experienced unlooked for trouble.
The Wapato Canal carries water to the Paiute, and a charge has been
levied against the water users. The Agency claims that not more than one
fifth of the water used is now supplied by the Paiute source, but a
fairer estimate would place it at one half. The Indians contend that
they have always had sufficient water from the Paiute alone, that the
Indian Service has seized upon their forty-one year-old ditch without
their knowledge or consent, and are now charging them for water which
they can not get in sufficient quantity for their crops. Personal
observation discloses the astounding fact that the head gate of the Mann
lateral is under lock and key, that the intake is at a very low
pressure, affording a water supply inadequate for the crops planted, and
not on par with the money demanded of him by the Departmental
authorities; while lower down on the Paiute the lateral head gate in use
by whites is without lock and is under an exceedingly high pressure,
insuring to the users thereof the full and unlimited control of their
own water supply. Can any fair minded citizen blame an Indian for
putting up "the same old howl that he has howled for the last ten
years?" Apropos to the foregoing facts are the following communications
which are self-explanatory. The =Neekass Canal= is the Paiute Ditch. The
name used is that pertaining to the surrounding country: "where horses
were left."


                                WHITE SWAN, WASH., May 28, 1920.

    Mr. DON M. CARR:

    At this meeting today, We Protest and Oppose to Reclamation
    Service to enter their water into Our Neekass Ditch. Let
    Reclamation keep out from our Neekass Canal. Our Flood Water We
    have been using this water from the Simcoe Creek for 41 years,
    And our Prior Riparian Rights was there Before Reclamation
    Service Came. Indians used this Simcoe Creek Water for 41 years
    now, We want you to Protect our Rights. We are shamed to see
    this Reclamation Let our crops go to hell, what kind of people
    are these Reclamation Service where do they come from, they are
    all to crush us down and what can we do to save our crops, we
    are trying our best to do what is right, Our Great Father of
    Washington D. C. want to see us be a farmers that is us Injuns
    but not to take away our water with which we been Irrigating our
    lands for 41 years, and where ever the Reclamation Service
    constructed the Ditches at their own funds, and we do not kick
    about it we are willing to pay the assessments to the water
    charges but here we hate to bring an Injunction Suit to the
    Reclamation Service. I want you to see and to protect our
    rights, You do not want to see me and my neighbors be loosing
    our crops, Because the Reclamation Service are the only persons
    to live on this Earth they are hungry after the Dollars and
    their hunger is not filled. We do bitterly here Protest and
    Oppose to see our ditch be Grabbed away, and let us go to hell
    and of course where the reclamation service build their own
    ditches, and it is their own sole rights to collect the
    assessment from the Lands watered, but not on this Ditch which
    we have been using for 41 years can you do any Assistance? I am
    feeling very bad I hate to loose my hard labor and seed, I want
    you to stop Interfering Our rights let the Reclamation Service
    leave us all alone.

        Sincerely your friend

                                                      LOUIS MANN,

    =Simon Goudy, George Simon, Shepherd Peter, and Guy Howard= took
    this letter to Mr. Carr.

       *       *       *       *       *

    L. M. Holt,                         Yakima, Wash., July 16, 1920.

      Reclamation Service, Yakima, Wash.

    Dear Sir:

    I have received a notice (bill for money due) No. 1762 W½
    SW¼ and SE¼ SW¼ and SW¼ SE¼ 35-11-17 and I was
    investigating the number of my allotments and I have found. Well
    my friend now my mistake (understanding) is this way. I am water
    user on this Piute Ditch for 41 solid years before you enter
    your water into this ditch without my consent and your ditch
    tenders bother me from my own water, and I am wondering who must
    be too damn white on your office, and he do not understand what
    is on this earth Prior Riparian Rights to water. I am a man want
    to do what is right, I am not waiting to beat some one in my
    ranching business. That Mr. Holt you consider my talking to you
    in this writing I am not crazy when I am writing this to you
    today. I want to know who did put this assessment to me and
    charging me $80.00. That ditch was constructed before the first
    allotment was made to the Indians, and am I mistaken in my mind
    to be a man holder of that water as a man to have a Prior
    Riparian Rights to my water on these two allotments, which your
    employees has a charge to me. Do you think you will make me to
    pay you for my own water? Do you think you have a right to
    grabble my Prior Riparian Rights? Now here is the question, is
    your power right to crush me down as you see fit? I do not want
    to be too damn smart, I know where you build or constructed
    ditches with government funds, you have sole rights to put the
    assessment charges to lands and I am willing to pay, but where I
    am using this water for 41 years do not think you have founded
    the Indian ditch that is owned by the dead Indians. Look out
    man! The earth and water are all time here but me I am not all
    time here. Like my little son which you have seen time you was
    to my house. The little boy was buried yesterday at 1 o'clock P.
    M. and every one of us to die, and we of course every one of us
    want is money. But let us see where we are at, some times yet I
    will call to your office when I am in town. Well the earth and
    water before I was born, and next is me before your Reclamation
    Service came. Do not be too white and too Damn Smart. Recognize
    my being first water user along this Piute Ditch. When James H.
    Wilbur being Agent and when he left he was shaking my hands and
    he was talking to me good bye and he told me at that time "take
    care the Ditch it is yours my boy, he said to me this that Ditch
    was built for the Piutes, but the Piutes ran away, and now is
    yours, that water will give you money and support for your
    living," and so from that time we use that Ditch and water, and
    do you rather let us have the litigation of the Injunction Suit?
    I am no Renter of them two Allotments, I am the owner of the
    land and the water for 41 years. I am not writing a foolish
    talk. I mean business, I am of course a Red man and by being is
    Same and the Rest have and I will die same. No difference I am
    talking about my Rights.

                                Very truly your friend,

                                           LOUIS MANN, R. 4, Box 233.

       *       *       *       *       *

                                        Yakima, Wash., July 22, 1920.

    Dear McWhorter My white Brother: I am not feeling good yet. I
    cannot forget my Dearest Child in my poor Family, one that was
    loved by all in my family, and it will take some time to get
    over this Lamentations over the loss of the beloved Dearest Son.
    I know that I am to Die yet myself but I cannot help this my
    dearest white brother. We all of course have to Die on this
    Earth, and if honest on this earth we may meet our loved one
    gone before us. well brother I was over to see F. J. MAPES to my
    old ranch yesterday, and I have seen my Irrigation water none on
    my head gate, and I am wondering could any man on this face of
    the Earth Irrigate 80 acres with one inch by 18 inches of water,
    now they have Done me Dirtiest Trick them Reclamation Service
    outfit. I Don't give A Damn who ever is in this Service all of
    course they come from the old world where white people are
    Starving, this is my understanding from the papers I read. Now
    If I was Sleeping Indian I would Loose all my crops over there
    all of it, but as my Neighbors carry water through my Premises
    and if my hired man maybe to steal water this our own water, and
    this awful shame way of using Reclamation Service Tricks, To
    CIVILIZE me. Oh What A white mans Rulings. Very soon he will run
    me Down, and what is the Right way to bringing me to
    Citizenship? learn me First To steal? which I never like it in
    my life, well brother No man can Civilize me this way, bad
    whites are combined to run Down Indians like a Wolf Runs Down
    deer when wolf is awful hungry, I have been Studying these
    things, and one of my Neighbor crops went to hell there
    adjoining my place, that is Mr GUY HOWARD he is an Injun man. I
    wish you would make a trip with me there and see that GUY
    HOWARDS Crops, and have it taken a Picture, what a Damn Nice
    piece of the work the Reclamation Service done with this Injun,
    Starve the mans crops because no money in advance, while the
    Reclamation Service Committed a crime enter their water into our
    Ditch without our Consent. Piute Ditch was build with Indian
    money for the Piute Indians who were brought here from Malhiuer
    from Oregon by the Agent JAMES H. WILBUR, and with help by some
    of our Yakima Indians with Teams and wagons. I have forgotten
    now, may be old man Peter Klickitat was in that trip, well
    brother may be to Damn white Rullers in this Reclamation
    Service, and to Dirty heart Tricks with this Service, this
    Government is Polished with Black when Such Water Lords are in
    this Service, now brother If you had time to go with me over
    this coming Sunday, you would come to my place in the first car
    that comes out in the morning, and we would start out from my
    place with a hack drive over there and back in the evening.

      I am yours very Truly Brother

                                                      LOUIS MANN.

       *       *       *       *       *

  [Illustration: =HUM ISHUMA--"Morning Dove" of the Okanogans=

  Author of COGEWEA, an Unpublished Manuscript Romance of the Great
  Montana Cattle Range

  Photo and Copyright by J. W. Langdon, 1915]

       *       *       *       *       *

=Howlin' Wolf=: "What is this 'Lo Business' engaged in by Recbe-Brown of
the Forked Tongue? he whose 'medicine' started with a sudden blaze; he
who can rob the 'Nation's Wards' without hindrance; he who takes from
the widow and orphan their last wampum bead, their last bite of grub; he
who clouds the head of the Injun with fire water and then steals his
only blanket and shirt, leaving him naked before his tribe.

"Who is this Miller of the Wampum Lodge? this Miller who grinds the
ignorant Injun instead of grain for bread; he who once tallied at the
Agency but now counts wampum for a Banker of his own kind.

"Who is this Ain't Worthy, the Oily? he who sells his chu-chu wagon,
Double Price to the foolish Yakimas. Who are these men without shame or

       *       *       *       *       *

=Growlin' Bear=: "This Lo(est) Business engaged in by he of the Forked
Tongue and he of the Wampum Lodge, is cheatin' the Injun, stealin' his
land and water. They are the =Lal-a-wish=: the wolves tearin' and rendin',
robbin' and thievin' despoilin' unhindered alike the ignorant, drunken
brave and the toil-worn widow, takin' the last piece of jerk from the
orphaned papoose. Want and misery! hunger and nakedness stalks the trail
of their making.

"Ain't-Worth-a-Dam, the Oily, is a coyote from the trap-pen sneakin' in
the wake of Forked Tongue and Grindin' Miller, watchin' their signalin'
to jump the last bone left their victim Lo.

"How this done? Growlin' Bear don't know; Injun don't know.
Maybe Injun Bureau know, Maybe Agency know! Maybe Deacon Lawyer
the Dirty of Yakima can tell. Blind talk-wire from Washington, D.
C.--Yakima--Toppenish--everywhere. =Christian Shooyahpo= too crooked-smart
for Pagan Injun. Ugh! the smell is bad."

       *       *       *       *       *

A certain Deacon Attorney who is making it possible for an unscrupulous
sales agent to collect from the ignorant, childish minded Yakimas the
robber commission of $500 above the regular set price of an automobile,
should have been a chemist. He is such a good "mixer;" prayin' and
thievin', thievin' and prayin'; stirrin' all in the same bowl. Thankful
to Providence for providin' this easy channel of wealth wherein the
shekels may be garnered, this forked tongued double talented Deacon, who
like a buckwheat grain presents a face from whatever angle viewed, pays
to the Lord a regular tithe. Doubtless this is perfectly legitimate and
right, else it would not be tolerated by the Church, but it occurs to
some of the worldly minded that it is not accordin' to the traditional
narrow and straight path. "Growlin' Bear" is of the opinion that if the
white man's God is partner to such a deal, He had better keep His own
books and be on the lookout in the final roundup, or the Deacon Lawyer
will sure "slick ear" on Him. But then "Growlin' Bear," primitive and
uneducated, still sticks to his breech clout and moccasins. He is not
supposed to understand the higher civilization. What is an Injun for if
not to be skinned by the "superior" race?

       *       *       *       *       *

Last winter three young girls deserted from the Yakima Agency school.
Two of them reached home, the other one, whose parents resided in a
distant part of the Reservation, died near White Swan from cold and
exposure. No adequate attempt, it is alleged, was made by the Agency to
locate the runaways, and the parents of the missing child supposed her
to be at the school. Two weeks later her body was found with eyes picked
out by the magpies. Was there an investigation?--an inquest? If so who
ever heard of it? The story leaked out through Indian channels alone.
Indian Agency efficiency and care! Indian Bureauism! One dead Injun
child and the carrion birds the fatter for their feast.

       *       *       *       *       *

If the "incompetent" Indian has it tough in this life where he is so
well cared (?) for by the Bureau, can his condition be imagined in the
Happy Beyond?--a land void of both Injun Agents and fleas.

       *       *       *       *       *

An interesting, though pathetic scene was enacted in the Superior Court
in Yakima recently. Sahpamequick Twatentush, a young Indian was on trial
for his life for killing Sheowit a "bad" medicine man who had cast a
death spell over his infant boy. Advised by two medicine women, who had
been summoned to treat the child, that they could render no aid unless
the man remove his evil spell, the distressed father rode twenty miles
horseback to entreat Sheowit to come to the rescue. The medicine man
refused, and according to the testimony of an eye witness, and that of
the accused himself, he mocked at the sorrow of the father, stating that
he had sent an evil spirit into his child's body and that it would die.
He angrily exclaimed: "I am a strong man! I want to kill somebody all
the time! I have killed your child and I will kill you!" With this he
drew a hatchet from beneath his blanket and made an attempt to strike
the young man; who dodged and backed away. The enraged medicine man
followed him, striking once or twice with the hatchet. It was then that
the Indian drew his pistol and killed his assailant. The medicine man
was of bad repute, having killed two or more men. For one of the crimes
he had served a term in the penitentiary. During the trial, many
interesting points concerning the philosophy of the Yakimas were brought
to light. It is needless to say that the sympathy of the public was with
the defendant, who sat stoical during the trial in full tribal costume.
It took the jury but ten minutes to bring in a verdict of not guilty.
Barring self defense, the young man in taking the life of Sheowit, had
but followed an ancient law of his tribe. It was suggested, by one who
attended the trial, that it might serve a good purpose could this
unwritten Yakima tamanwit be enforced against some of the quack M. D.s
among the whites.

       *       *       *       *       *

As a side light on the prevailing belief in the powers of the medicine
man, the following communication is given.

    Mr. L. V. McWhorter,                                July 10, 1920.

    My White Brother:

    In God's will I was to live on this earth for a short time and I
    am about to lose my nice little son, Senator Leo. He is having
    awful time talking, repeating the words of the Indian Doctors
    and this matter nearly set me crazy, and if it was not for my
    religion I would take my gun and kill the bad Indian Doctors,
    but my Great God is on my side and he shall save my little boy's
    soul, but of course, the body will be buried to rot and decay
    and that my religion tell me this: Thou shall not kill, and I
    tried my best to save him, but white man doctor can not cure the
    boy because the boy had Indian doctor sick to which white man
    has no belief, but this is true as you understand Indian ways.
    Old Man Tom is a bad one. He killed my mother-in-law and one
    little child for me. I can not do no further to reach a cure for
    my little dear son. I had Priest there yesterday giving the
    little boy blessing and extreme unctions so the boy will die
    holy. The Indian doctors are killing us right and left this day.
    This is no lie and I do not know how long the little son live
    and he will go. He get some times unconscious and this is all my

The sick child died four days later.

       *       *       *       *       *

The curse of =Shakerism= on the Yakima Reservation is well illustrated in
the following. A young married woman stricken in confinement, was, for
three days and nights "doctored" by one of the "priests", or "preachers"
by noisy incantations and ringing of bells, assisted by many "helpers".
At the end of that period the poor sufferer was released by death. Think
of this and lend your moral and financial aid to the Mission now being
established at White Swan.

       *       *       *       *       *

The Tepee Association is a body of its own, entirely distinct and
separate from the =Mission= being established on the Yakima Reservation.
The =Tepee= will work in unison with the Mission and kindred organizations
for the uplift of the Indian and for a more liberal recognition of his
rights. Not only must the coming Indian be prepared by education for a
higher plane in life, but the public must also be enlightened to his
needs and to the fact that the Indian can =never be= a man until delivered
from the unreasonable trammelings of the Indian Bureau. That body must
be reformed or dethroned.

NOTE--Will the =Tepee= return to its original declared principal of
battling for a better recognition of the rights of its people?; or is it
to follow the less rugged trail of mediocre so recently determined on?
The true warrior never shows his heels at the first sound of the enemy

       *       *       *       *       *

The Tipi Order of America opened a new Council in Tacoma (Tahoma) during
the Planting Moon. It started with 30 charter members, many of them
identified with the I. O. R. M.

       *       *       *       *       *

"LET MY PEOPLE GO!" Wassaja.

       *       *       *       *       *

The Yakima Council of Tipi Order is planning for a big pow-wow and
shoot. Buffalo Ben is Chief of the Council's Gun-warriors, and has
scored some high marks in clay pigeon shooting. From a humane point of
view, it is regrettable that the clay bird is not substituted for the
living victim in all sports.

       *       *       *       *       *


       *       *       *       *       *

The American Commercial Bank of Wapato, Wash., is a red hot nail in the
oft repeated assertion that the Indian is void of business qualities.

Humane work for the first time in history, has reached the Yakimas
through the efforts of the Yakima County Humane Society. Recently two of
its officers attended a round-up of wild range horses at the "Ten Cent
Corral" near the Agency where they found some of the animals being
"broke" by the usual method of keeping them tethered for three or four
days without food or water. It was explained to the Indians that this
could not be allowed, that under no circumstances must an animal be so
confined for more than 24 hours. With but one or two exceptions the
warning was received kindly, many of the Indians expressing their
approbation. The brutality of the branding corral, where the young colts
are trampled and maimed, ofttimes killed outright, was also supervised.
This part of the work fell to Mr. Simon Goudy, a half-blood Volunteer
Officer. Here there was some friction, and it is said, a delegation of
Indians laid complaint before their Superintendent, with what result is
not known further than that the Humane Society received no official
notice of action by the Agency. Later, in reply to a communication from
the society setting forth its desire to promote humane education among
the Yakimas, Supt. Carr expressed his unqualified approval and pledged
to lend his support to the movement within the resources at his command.
Thus the way is paved and if properly handled, many of the ghastly
features of the Yakima roundup will be eliminated.

       *       *       *       *       *

The Yakima Humane Society has in its ranks two Indian Volunteer Officers
helping to enforce humane laws on the Yakima Reservation, and
instructing their people in the ways of kindness to animals. The first
of their race to enter this field in the northwest, their action is
bound to have a salutary influence among their own tribesmen. Look
elsewhere for the "savage" than the Yakima.

       *       *       *       *       *

Mrs. Jennie R. Nichols, of Tacoma, Wash., Field Worker of the American
Humane Society, attended the National Parent-Teachers' Association at
Madison, Wisconsin, during Rose Moon. The result of Mrs. Nichols' ten
days effort with that body may be summarized thus: A speech before the
Assembly which aroused intense interest. Getting through a resolution
placing this great body of 100,000 educators solidly back of humane
education. A Board of Managers in this Department of Education, Mrs.
Nichols, chairman. The newly elected President of the Association
pledged her support of this new Departure, realizing that such education
means the elimination of much crime and all around better citizenship.
Mrs. Nichols' accreditation as the most active field humane worker in
the United States is borne out by the success of her indefatigable
efforts at the great Madison Convention, was loyally supported by Mrs.
C. A. Varney, President of the Washington State Parent-Teachers'

Since Indian children are more in attendance at our public schools each
succeeding year, this new feature of humane education is bound to have
telling effect on the minds of the youth of the First Americans.

       *       *       *       *       *

Out on a rock crowned desert mountain in the Okanogan country, far from
water lies the shriveled form of a coyote with one foot clamped in the
rusted jaws of a Government trap. The chain, with its triple flukes
anchored to a sage brush, is taut and twisted, attesting the awful
strugglings of the animal before death came to its release. Trapped in
mid-summer, the agony of that coyote can not be imagined, as day after
day passed with the scorching rays of a hell-sizzling sun beating down
upon it. Obviously a war of extermination against certain predatory
animals is justifiable, but there is nothing more brutal than the modern
methods of trapping. Notwithstanding, we have the amazing spectacle of
Dr. William T. Hornaday, naturalist, advocating that this brutalizing
pursuit be taken up by the Boy Scouts; and the suggestion is sanctioned
by the executive board of that fine organization. God created man and
all kinds of animal life, but he did not create the steel trap.

       *       *       *       *       *

The catch of salmon at Top-tut, now known as Prosser, on the Yakima
river this year was unusually heavy. Under the Treaty of 1855, it would
appear that the right to take fish at this, their ancient fishing
grounds, is assured the Indians, but a State law interferes and the
authorities tacitly permitted the Yakimas a certain number of days in
which to catch and cure a winter's supply of this, their favorite food.
The fish is both dried and salted. It is hoped that the next legislature
will restore to the Yakimas their right to fish at Top-tut, built
especially for them in the beginning by Speelyi.

The State Federation of Women's Clubs, meeting in convention at
Wenatchee, Wash., June 1920, unanimously passed resolutions requesting
the coming legislature to enact some measure which will permit the
Yakimas to take fish hereafter unmolested at Top-tut during the salmon

       *       *       *       *       *

Pursuant to a recent ordinance passed by the City Commission of Yakima,
no dog is to bark, no cow to moo nor rooster to crow within the
corporate limits after night fall, under penalty of a fine not to exceed
$100 with possible imprisonment. The next sane move is to enact a
tamanawit against the cooing of babies and the early carol of robin red
breast. The dulcet yodel of the tom cat, the musical purr of the open
muffler and the rhythmical chime of the flat car wheel is symphony
plenty a-nuff for the city denizens.

       *       *       *       *       *


Help on the Yakima Reservation has been extremely scarce during the
harvest season this year. A rancher came to Wapato and entering a pool
room saw two young Indians taking life easy. He accosted them, enquiring
if they wanted work, offering them substantial wages if they would help
him a few days. The Indians exchanged glances and one of them spoke:
"No! you white people came here, we did not want you. You made all this
work, all this trouble. You can do the work yourselves; it is your

       *       *       *       *       *

"=Inasmuch as ye have done it unto one of the least of these my brethren,
ye have done it unto me.=" (Matthew 25-40.)

But Matthew, like James was only writing the words of the Master long
before Columbus discovered America, before the Injun was even thought
of, maybe invented.

       *       *       *       *       *


A favorite method of swindling is to inveigle the Indian into
encumbering an allotment with a mortgage which will seldom if ever be
redeemed, thus obtaining the land by foreclosure. The following gives an
inkling to this mode of "stalking" by the financial gun-man.


    Mrs. Lucy James                     Toppenish, Wash., July 2, 1920.

      Harrah, Wash.

    Dear Madam:

    I note that you have received and recorded Patent in Fee to your
    allotment in section 27-11-18 near Harrah, and in this
    connection, wish to advise that if you desire to either borrow
    money on the property or sell the same, we would be pleased to
    talk with you at any time it is convenient.

    We are in a position to place suitable farm loans for three or
    five years at favorable rates of interest with prompt service.

    Awaiting the opportunity of serving you, I am

                                        Sincerely yours,

                                                 H. B. MILLER, Cashier.

Mrs. James' deed was filed for record June 29, 1920. Her "friend" lost
no time in his offer of financial assistance (?). Nasty intrigue. Mr. H.
M. Gilbert is President of the Central Bank of Toppenish.

       *       *       *       *       *

"Let the white man get all the water he can in this life, for he is
going where it is awfully hot and dry."--=Louis Mann= in =The Continued
Crime Against The Yakimas=.

       *       *       *       *       *

"Water is Life. =Tahoma=, the =Big White Mountain! the= source of water.
When I die, the Earth will take care of my body."

                                           =Chief Sluskin=, the Yakima.

       *       *       *       *       *


Hon. Cato Sells recently visited the Yakima Indian Reservation
ostensibly in the interest of the Indian, but so far as can be learned
no Indian was consulted, no tribesman invited to council, none permitted
to air their many just grievances. None knew of his coming and but few
learned of his going, and this, through a few friendly whites. Perhaps
the Commissioner had not the time to devote to his Red Wards. Banquets
with officials and speculators in Indian lands could not be foregone. In
Toppenish a few of the Yakimas were informed of the stranger's personnel
as he and his "escorts," or "body guard," as one observer commented,
stepped into the Agency car and was whirled away. One of the tribesmen

"What does this mean? Why does our Commissioner do this thing? I
thought he was =our= commissioner, to look after =us=. What is he
here for? What is he doing? I know some of those men with him. I
know who they are, what they are doing to the Injuns. We want to
tell Mr. Sells something about how we are treated, how we are
robbed, but Mr. Carr keeps him from us. Why is this? What is
wrong with Mr. Sells."

Let Mr. Cato Sells explain his course to this untutored Yakima.

There is "something rotten in Denmark" when an Indian who has a thousand
dollars due him at the Agency is compelled to borrow fifty dollars with
which to purchase grain sacks before he can thrash his wheat crop.

       *       *       *       *       *

"=It is Hell to be an Injun!=" was the rueful self diagnosis of a Yakima
allottee as he dejectedly surveyed his torn hog fence and ruined garden,
ground and demolished by one of the Government dredges. The crew,
finding a bridge on the public road possibly unsafe, had, without
consulting the Indian or asking his permission, opened his fence,
entered his premises with the many toned machine, passed over a part of
his garden, obliterating it, leaving the fence broken permitting his
hogs to scatter at large. The Indian was not aware of this occurrence
until hours afterwards when he found his hogs wandering on the highway.
When the dredge-crew was spoken to he was referred to the Indian Farmer.
When this official was approached, he was referred to the Agency
Superintendent. Appealing to this worthy, he was informed that he "knew
nothing about it." And yet it is expected of the Indian that he be law
abiding, show love and reverence for the Flag and the Government--to
lick the hand that vivisects him. Surely it is "Hell to be an Injun."

       *       *       *       *       *


The Yakima Indian Reservation has timber valued at more than three
million dollars, and yet the Yakimas have no way of making domestic or
commercial use of this wealth. Building material must be obtained from
local dealers at high cost. The saw mill built by the Government in
compliance with treaty stipulations, burned more than a quarter century
ago "under very suspicious circumstances," so the Indians declare, and
has never been replaced. Under date of April 26, 1909, Mr. C. F. Hauke,
Chief Clerk of the Indian Office, in answer to an inquiry, wrote Louis
Mann: "The sawmill is to be put into shape for operation at an early
date." No move has ever been made to redeem that "black and white"
promise. It will be remembered that at that time the Department was over
anxious to secure Yakima signatures which would permit the looting of
the tribesmen to the tune of undetermined millions. The signatures were
not forthcoming and the sawmill promise turned out to be another Indian
Bureau fabrication.

       *       *       *       *       *

It should redound to the credit of the Yakima Indians who refused to
accompany the Pack Train under the supervision of Head Packer Anderson,
who served the Mountaineer Club on its outing in the Olympic Mountains
this season. Anderson packed for the Club in its tour of Tahoma last
year, with three or four Yakimas and their horses. The Indians, usually
considered hard horse masters, got their fill of Anderson's mode of
over-loading and driving the long stretches of steep and rugged trail,
ofttimes occupying seventeen hours without food or rest. The horses,
with raw and sore backs, staggered under stacks of dunnage, leaving the
trail red with blood from their worn and unshod feet. The personal
effects of preachers, professors and teachers were included in those
packs. On a previous outing of the Club, Anderson's packers mutinied.
The Mountaineers are winning an unenviable reputation for this brutal
treatment of its yearly pack-train. What is the Washington State Humane
Bureau for that it does not interfere with this lawless disregard of the
humane laws?


  Text in bold is enclosed with equals signs: =bold=.

  Text in italics is enclosed with underscores: _italics_.

  Obvious typographical errors have been corrected as follows:

    Page 3:  expalnation changed to explanation
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             ennter changed to enter
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    Page 14: Irregation changed to Irrigation
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             Dont changed to Don't
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             summerized changed to summarize
    Page 20: reelase changed to release
             rythmical changed to rhythmical
    Page 21: rceorded changed to recorded
             tribesfan changed to tribesman
             timet o changed to time to
    Page 22: oftimes changed to ofttimes
             sevetneen chenged to seventeen

*** End of this Doctrine Publishing Corporation Digital Book "The Discards" ***

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