The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1884-12-05

In my former reports I have recommended
again call attention to the subject. 1 again
desire to call attention to the necessity for
legislation for the punishment,of crimes on
the Indian reservations. Since my last re-
port the Supreme Court of the United States
decided in the case of "Exparte Crow Dog,
indicted for murder, that the District Court
crime was committed on the reservation by
one Indian against another. If offenses OF
this character cannot be tried in the courts
of the United States, there is no tribunal IN
which the crime of murder can be punished.
Minor offenses may be punished through the
agency of the "court of Indian offenses, but
it will hardly do to leave the punishment OF
the crime of murder to tribunal that exists
only by the consent of the Indians OF the
reservation. If the murderer is left to be
punished according to the old Indian custom
it becomes the duty Of the next OF KIN oia, 10
killing the murderer or some one of his kins-
men. The laws of the State or Territory
wherein the reservation Is situated ought TO
be extended over the reservation, and the
Indians should be compelled to obey such
laws and be allowed to claim the protection
thereof.
COURT OF INDIAN oFFENsEs.
The Commissioner of Indian Affairs, under
my direction, in 1881 established n tribunal
for the punishment of crimes among INDIANS
on their reservations. and entitled Court
of Indian Ofenses." Experience has demon
stratcd the great value of this tribunal in
maintaining order on the reservation. Where
the courts have been organized the bench
cial effects thereof have been apparent, not
only in maintaining order. but in teaching
the Indian to respect the rights and property
of his fellows. The agent at the Umatilia
Agency. Oregon, says: The court has worked
admirably. and made radical changes, espec-
tally among the young men of the tribe, for
the better, as all disorders or offenses that
come before the Judge here are inexorably
punished.
Iy.srSc or rSDrAN LANDS
In my last report / called attention to the
occupation of certain Indian reservations by
stookmen with their herds, under arrange
ment made with the Indians. declined to
treat these arrangements as leases made on
the part of the Indians. but did treat them
as licences on the part Of the Indians recog-
nized by section 2llI of the Revised Statutes.
1 do not understand that the parties so occu-
plying these lands with the consent OF the
Indians are there in violation of law, but
their condition is not satisfactory one
either to themselves or the Department.
The Department in allowing them to remain
reserved the right to put them off of such
reservation, notwithstanding such permit or
license. if the Department considered 1t
necessary to do SO in the interest of the In
dams. How far the Government may disre-
gard the license so given by the Indians Is q
question that need not be discussed until II
is presented, but should the department.
attempt such exclusion against the wishes of
the Indians, il would certainly lead to trouble.
The amount paid for such privileges is under
stood to be two cents per acre Tor lands
so occupied. This amounts not fair COM
pensation at this time for the use of such
lands, or for at least considerable portion
thereof. Much of the land so occupied could
be leased at from four to six cents per acre.
The Cheyenne and Arapahoe Indians at
tempted to lease 1885,, $50 acres of their re-
servation, leaving unoccupied by stockmen
about $4,000 acres. From the lands so occu-
pied by stockmen the Arapahoes and Chcy-
ennes received last year two cents per acre.
amounting to ST,95i.60, or an average of
Sl2.33 per capita. As it is believed that this
reservation might be leased at from tour 10
six cents per acre. the amount may be in
creased to s24.66 or 1862 per capita. 1t is be-
lieved that the cattlemen will very readily
consent to double or treble the price now
paid if they can have some assurance that
they will not be disturbed at the whim or
caprice of the Indians. The amount now
received. Sl2ss3 per capita, is quite sufficient,
If the Department could control ITS payment
to the Indians to aid very materially in their
support and civilization. A family of fve
persons would receive $6l.65 per annum
at two cents per acre. At six cents
60 far toward their support with
out further aid from the Government.
Other tribes also have good grazing lands
that might be leased at profitable rates. leav.
ing the Indians 4 sufficient quantity of land
for their own use, either for agriculture or
grazing. Some legislation should be had on
the subject to enable the Government to de-
mand and receive for the Indians the full
value for the occupation of their hands, and
to prevent conflicts between rival claimants
holding such licenses or privileges. Such
occupants are not on the reservation in vio-
Iation of law if they have the consent of the
Indians; yet should their conduct be such as
to convince the department that their pres
ence is injurious to the Indians, it Is quite
difficult to say what would be the result of
an attempt on the parttof the Department to
remove them if the Indians continue TO con-
sent t. their remaining; While there can be
objection to allowing the eas Indians iha
lands for grazing purposes, there ~ a serious
objection to allowing the Indians on reserva-
lions outside of the Indian Territory to lease
the purposes of grazing only. If the reser-
walton is larger than is required for the use
of the Indians occupying il there should be
for the use of the Indians should be opeDd
to settlement The time has passed when
large and valuable tracts of land fit
for agriculture can be held by Indians for
either hunting or grazing lands to the cx-
clusion of actual settlers. With valuable
agricultural and pastoral lands in quantities
far beyond his wants or ability to make use
full, he is bcggar and dependent upon the
Government; and when the Government fails
to mako suitable appropriation for his sup
port, he is brought to the verge of starva-
this wretched condition until the vices of
savage life shall destsoy his race. His de
struction will not be speedy, but will GER
tainly come unless he can be induced 20
has until recently scorned. at no time in
the history of our intercourse with the In
dams have they shown a greater desire to
abandon their savage life, than during the
past year. They are asking for stock cattle,
and declare their willingness to take care of
them if furnished. and very generally pro
fess willingness to do whatever is required
of them in order to become self-supporting-
In my last report l recommended that all the
appropriations not made under the provi-
sions of treaty stipuiations should be placed
at the disposal of the department to be dis
tributed US the necessities and wants of the
Indians demand. Another years eX-
perience and observation has strength
ened my views on this question,
and 1 believe if the non-treaty appro-
priations were placed at the disposal of the
department to be distributed at the discre-
ton of the Secretary of the Interior there
would be less complaints about starving In
using such appropriations to assist those In
dams who show the. greatest disposition to
become self-supporting.
CASH ANNuITIES TO INDIANS.
In my last report l called attention to the
practice of paying to Indians cash as interest
on the funds held in trust by the Govern
ment. In some instances the Indians are ca
pable of receiving and expanding such sums
of money in a judicious way, but in most
cases the money SO paid to them is wasted
and often worse than wasted. Such pay
ments should be made in stock cattle, agri-
cultural implements, or by the erection of
suitable dwelling houses for those willing to
occupy and live in such houses. Wherever
the Indian is capable of caring for this money
due him, it should be paid TO him in cash; but
he will never care for ii properly until he has
been taught to labor and has learned the
value of money by earning it.
INDIAN HOMEsTEADS.
Id -, ant RHvf