One word used to deny private property status
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Editor,
On page 8 of the proposed Federal Reserved Water Rights Compact for the Flathead Indian Reservation can be found the definition of a very special term: “Flathead Indian Reservation” or “Reservation” as it will be applied to the Compact and the ownership/control of the water.
To wit: “Flathead Indian Reservation” or “Reservation” means all land within the exterior boundaries of the Indian Reservation established under the July 16, 1855 Treaty of Hellgate (12 Stat. 975), notwithstanding the issuance of any patent, and including rights-of-way running through the Reservation.
“Notwithstanding?” What does that little legalese term mean? Well, as defined in the dictionary (any dictionary), it means: “in spite of,” “without being opposed or prevented by.” Synonyms are: “in spite of,” “despite,” “even so,” and “regardless.”
So, does the term “Flathead Indian Reservation” now mean all land within the external boundaries — including all private, patent fee, State taxed land; either homesteaded or taken out of trust (and federal trust control) and sold to non-tribal people, will, for the future, be considered “Reservation” property? Notwithstanding (in spite of, or regardless) the issuance of any patent?
Seems to me we have a dirty turn of a phrase. Guess the English language isn’t so simple after all. This simple word, “notwithstanding,” is being used to deny fee-simple and fee patent, the private property status that it is. Fee simple, private property is no longer in Reservation status, just like the Reservation seems to not have United States of America status. Cute trick.
Michael Gale
Ronan
