The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-27
GENERAL WASHINGTON DISPATCHES.
WASHINGTON, March 20, 1877

WASHINGTON, March 20, 1875
CABINET DISCUSSION OF THE JUDICIAL VACANCY
In LoUIsuNA--THE ATTORNEY GENERAL S
OPINION.
At the Cabinet meeting to-day the question
arose as to the power Of the President TO appoint
Judge for the vacant judicial district in Louisi-
ana, to which Judge Pardee had been nominated,
but which nomination failed OF being confirmed.
The President referred the subject to Attorney
General Williams. who gave an opinion to the eff
feet that the vacant Judgeship cannot be filed
until the next session OF Congress.
OPINION OF THE ATTORNEY GENERAL DEcIAR-
ING THE LAW DEFICIENT IN PROVIDING NO
MEANS OF Furnishing THE MURDER OF ONE
INDIAN BY ANOTHER.
Tho following opinion OF the Attorney General
OF the United States is published by the War
Department.
DEPARTMENT OF JUSTICE.
WASHINGTON, March 4, 1875
Hon. W. W. BELKNAP, Secretary OF War
SIR have the honor TO acknowledge the re-
ceipt OF your letter OF the 24th ut. transmitting
Tor my information copy OF communication
rom Lieutenant Colonel Lugenbeel relative to taree
Slsse ton Santee-SiouX Indians confined at Fort
Randall who, he asks, may be tried by military COM
mission. 1t appears that these indians charged
with the murder OF one and the dangerous wound
ing OF another Ponca Indian. General Terry In
his Endorsement on the letter or Colonel Lugen-
beel, says he knows OF no authority for trying
them by military commission, but suggests that
The case with a view to the Indictment OF the
prisoners IN the courts Of that Territory.
There Is no jurisdiction conferred upon state or
Territorial courts In cases or this KIND. Section
l46 OF the Revised Statues OF the United states
amended By the act OF February Is, 1875, entitled
IAN act to correct errors and supply omissions
in the Revised Statutes OF the United States"
provides that section 1i5 shall not be construed
10 extend crimes committed by one Indian
against the person or property or another Indian,
nor TO any Indian committing an offence in the
Indian country VINO has been punished by the
local law OF The tribe. Therefore. under this pro-
Attorney III accordance with the wishes OF General
Terry. Very respectfully, your obedent servant
GEORGE IL. WILLIAMS. Attorney General.
GEOLOGIST APPOINTED TO EXPLORE THE
BLACK HILLS.
On the recommendation OF President Barnard.
OF Columbia College, New York, the Secretary Of
geologlst for the exploration Of the Black Hills
country. Mr.. Jenney has accepted the offce and
Will enter upon his work Immediately, so as to
make a report upon the alleged wealth OF that
region at the earliest possible day.
APPOINTMENT OF A CENTENNIAL COMMISSIONER
BY TIE BRITISH GOVERNMENT.
Secretary Delano to-day received through the
State Department offcial information that the
Brush government had appointed hiip Cunlifre
owen to be Executive Commissioner in charge or
the British section OF the Centennial Exhibition
at Philadelphia. Mr.. owen Is now director OF the
South Kenslngton Museum, in London, and Minis.
ter Scnenck writes that ne Is gentleman whose
ability, character and qualifications eminently fit
him Tor the new position TO which he has been
assigned.