Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1878-04-10
MATTERS At R o CREEK.
Deputy 6dmunds and Lawyer Boyles
Come Home.

They Relate the Story Of Extensive
Military Bulldesing.
h situation At Grow Creek Agency 10
Not Very Agreeable.
Deputy Sheriff Ednunds and 8. A.
Boyles, attorney, arrived last night from
TT. Thompson, the headquarters of the
Grow creek Indian reservation. Their
mission there was to serve papers in q civil
capacity for the purpose of relieving DR..
Livingston, late Indian agent at that agency,
from the military surveillance to which he
and his property Is subjected under the ar
bitary orders of Gen. Hammond inspector
Of Indians, and Lieut.. Dougher,y. military
agent. These papers were not served, for
the reason that United States bayonets BY
force prevented the officer intrustsd with
that duty from carrying out his instruc-
tions. Shortly after his arrival at the
agency Deputy Sheriff Edmunds was ap-
preached bya soldier, who ordered Ed.
munds to come along with him and to con.
slider himself under arrest. Edmunds re-
piled that If he was to be arrested It would
require more power than a single unarmed
so!dier-,hat t~he,sergeant Of the guard with
q squad OF men armed with muskets would
be the only force to which he would sur
render himself. The necessary military re.
Inducements were procured and Edmunds
was marched to the guard house as a pris-
oner. At the guard house it was proposed
to search him, but Eimunds declared his
Intention to resist such an attempt and the
military did not insist upon carrying their
proposition into effect. The deputy sheriff
was subsequently released from the guard
house and notified that he must leave the
reservation. He did not, however, see fit
to obey this order, but vent to the hotel,
where be remained two days, but did not
serve his papers.
In the meantime Mr.. Bovles remained
about the agency premises and was not ar.
rested by the military. Lieut.. Dougherty
however, told him that he would not be per.
mitted to coaverse with DR.. Livingston in
the capacity of an attorney giving legal ad.
vice. Dougherty advanced the startling
proposition that for the present civil Law
was subservient to military law and civil
officers could not be permitted to operate
within the jurisdiction of the officer in com.
mand at Fit. Thompson. As Mr.. Boyle,
had seen no proclamation from the president
declaring martial Law, announcing a state o,
seige at Thompson or suspending the habea.
corpus, he failed to accept the advice Of III.
commanding officer and went and talked
over matters with DR.. Livingston wheneve,
he chose. He lives TO tell the tale. Gen
Hammond was q little more ~sanguinary in
his remarks. While he did not object par.
ticularly to Mr.. Boyles acting in the capacity
of counsel to DR.. Livingston, he declared
that he would twist the neck of any sheriff
who attempted to serve papers on that res.
ervation. AS Charley comes back with q
straight neck, It is inferred that he didn',
aggravate the inspector to that extent. Mr..
Boyles was also ordered of the reservation,
but, like Edmunds, he took his own time In
obeying the order, and both came away to.
gether. In response to a question, Gen.
Hammond told Mr.. Boyles that there we're
no charges against DR.. Livingston.
The uniformed reader may want to
know what this is all about-why an In
dian agent and his effects are pounced upon
BY United States soldiers and legal redress
barred out BY government bayouets-why
the papers and property of an officer In the
civil service are sliced and held by military
force-whY IN officer who attempts 10 carry
out the instructions of q civil. tribunal is
met by military opposition aud ordered off
the ground-why agency employees are ar
rested aid placed In confinement with q
view to compelling them to testify to things
they know not of-why the goods of a
trader at an 1n1ian agency are siezed by
soldiers, his store closed and himself de.
barred from exercising control over bis
own property. The only answer We can
give just now is that force is a thing against
which insufficient numbers cannot contend.
Fl. Thompson is located far away in the
Indian country and the nearest judicial tri.
bunal thereto is here in YanktoB. 1t takes
time to right oil these matters, but ia this
instance the fullest investigation will ensus
and 1t remains for the future 10 show
whether or not civil law Is subseryient to
military law 10 q land which lies under tho
protective guardianship of the constitution
of our country. Lieut.. Dougherty took
possession of the Crow Greek agency under
an order from military headquarters assign.
ing him as acting agent at that point. He
marched his soldiers upon the premises and
sliced the whole outfit, giving the agent = o
opportunity to close up his affairs and
make the usual legal transfer of property.
employees upon the agency were summarily
$1,000 - -sAI.- ~ our |