Time Capsule: South Shore suit appeal, opposition for tribal use permit, reservation jurisdiction

The Flathead Courier, April 13, 1972

Ward Three Voters Asked For Opinions on Possible South Shore Suit Appeal

An unusual meeting was held by 25 Ward Three constituents at the city hall on Tuesday night. Called by Aldermen Jim Medved and Ralph Wing, the men sought constituents' opinions on whether or not the city should appeal the nearly $11,000 judgment awarded the South Shore Corporation against the City of Polson recently by the district court.

City Attorney Keith McCurdy and Water Commissioner Leonard Connell briefly explained the history of the South Shore Corporation's suit against the City.

It was reported that after the City denied the corporation's application for a fire sprinkler system water tap, the decision was appealed to the Public Service Commission. The commission ruled in favor of South Shore. The city appealed the ruling in the district court and in the Montana Supreme Court.

In each instance, the South Shore Corporation was favored. Then the South Shore Corporation instituted a damage action against the City seeking to obtain payment for insurance charges over and above what would normally have been paid had a sprinkler system hookup been installed by the City when requested.

The court found in favor of South Shore on the damage action. However, the City was not allowed to introduce evidence pertaining to the history of the case and reasons for the City's original decision. Final judgment will be in excess of $10,000, but the exact amount has yet to be determined by the court.

It was explained that the corporation's request for domestic water was granted. The application for a fire protection hookup was not made until later and the City had never hooked up a fire protection system outside the city limits.

In brief, the men said, the City's decision to turn down the hookup was based on engineering reports that it would be hazardous to the water main …

Opposition Mounting to Proposed Tribal Use Permit Plan on South Half of Lake

Opposition to the proposed closure of the south half of Flathead Lake and establishment of a use-permit system by the Confederated Tribes is picking up in the Polson and lower Flathead Lake area.

Taking the first official action to protest any such action was the Polson city council last week, which said it "went on record as opposing the position taken regarding the free and unrestricted use of Flathead Lake by the public. The council felt that the permit system, as proposed by the Tribal Council, regarding the use of Flathead Lake would have a severely adverse economic effect on the Polson area in particular and the Reservation generally."

Endorsing the City Council's stand in a letter to the Tribal Council, Montana's Congressional delegation, the Governor and Attorney General, the Polson Chamber of Commerce also warned of severe economic hardships, diminished employment opportunities and hard feelings that would result in any curtailment of recreational development of the Flathead Lake area ... 

Reservation Jurisdiction Taken Under Advisement

HELENA (AP) - Does the state of Montana have jurisdiction to prosecute a member of the Confederated Salish and Kootenai tribes for an alleged violation of the state's Dangerous Drug Act on the Flathead Indian Reservation?

Speaking for onetime U.S. Senate aspirant Thomas E. McDonald, 37, Arlee, two Missoula lawyers - Edward A. Cummings and David J. Patterson - told the Montana Supreme Court Monday the state never properly assumed criminal jurisdiction on the Flathead Reservation.

A major reason, they said, is that the required consent of the people was not obtained. They said this language means a public vote on the questions and not simply an act of the legislature.

They asked the court to stop the state from continuing its prosecution of McDonald in Missoula County District Court on charges of allegedly selling and having in his possession marijuana and hashish at his home on the reservation in May or June 1971.

Speaking for the state and for District Court Judge Jack L. Green were M. Gene McLatchy, Missoula, and Barney Reagan, Helena.

They agreed with McDonald's counsel that efforts had been made by the tribes to withdraw their consent to state jurisdiction during a two-year trial period but said the efforts failed.

They argued that permanent state criminal jurisdiction has been in effect since June 29, 1966, on the reservation in northwestern Montana.

Reagan said a vote of the people was not required. He added that Congress required consent of the people and said such consent "can and was manifested by the legislature in 1963."

"No withdrawal of jurisdiction... ever was properly presented or proclaimed," he said …