The Progress. [volume] (White Earth, Minn.) 1886-1889, 1888-07-14

|
reservation, who shall hold office for
| the term Of four years from the date
of appointment, and until his success
OF is qualified, and who shall be re-
movable from such Office at any time
| by the direction Of the Secretary of
the Interior. The agent Of such In
dian reservation shall be ex-officio
the chief judge, and the other two
Judges shall be memb ers Of some tribe
or band of Indians located within such
reservation who can read and write
the English language.
SEC. 8. That the salaries Of the
Indian judges shall each be sixty dol
lars per month, and the Indian agent
shall not receive any salary as such
judge.
SEC. 9. That the Indian agent shall
appoint a competent clerk for said
court, to keep the records thereof,
who is authorized to issue and attest
all lawful process in civil and crimi-
nal proceedings instituted in said
court. Such clerk shall receive a sal
airy of sixty dollars per month, and
shall be removable at any time by the
direction Of the Indian agent.
SEC. 10. That the Indian police
courts shall have civil jurisdiction Of
all suits growing out Of contracts, ex-
press or implied, Of all suits for the
recovery of personal property, and
of all suits for the recovery of dam
ages, where the sums in controversy
in such suits are less than FIVE hun
bred dollars.
SEC. IL. That the criminal juris-
diction of the Indian police courts
shall extend to offenses that are not
punishable with death, OF with i'm.
prisonment in the penitentiary, or
with hard labor according to the laws
OF the State or Territory in which said
court is held, and, until otherwise pro-
yided by law, shall include assault
and battery with such weapon, or
in such a manner as is calculated to
produce death of great bopily horn,
petit larceny, malicious mischief, and
the violation Of any regulation made
and published by the Secretary Of the
Interior for the government OF per-
sons on Indien reservations.
SEC. IL. That the court of Indian
police may infict punishment for the
violation of the laws or the regula-
lions adopted by the Secretary Of the
Interior upon persons duly convicted
Of such offonses by fine and imprison-
ment; the fine not to exceed in any
case the sum Of five hundred dollars
and the imprisonment not to exceed
the period Of one day for each half
dollar of the fine SO imposed, and the
| payment of the fine shall discharge
the imprisonm from the day of the
payment.
Sec. 10. That the trial of offenses
under the provisions of this act shall
be upon presentment of the clerk Of
the court based upon an affidavit Of an
linformer. OF upon the order of any of
the judges of the Indian police courts,
and such presentment. shall set forth,
| with reasonable certainty, the offense
charged, and that it was committed
| by the person accused within the In
dian reservation for which such court
is held, and within one year before
the proceeding is commenced.
| SEC. 4. Thatif any party to civ
ii suit, or any criminal proceeding,
shall demand a jury for the trial Of the
same, he shall give notice, in writing,
of soch demand, to the clerk of the
court, at least days before such
trial is had. Thereupon, the Indian
agent for such reservation shall name
six intelligent and impartial persons
to constitute such jury, and require
the captain of police, or any Of his
Issubdrdinates, to summon such persons
to attend as jurors on such trial. The
Indian police court may reject any Of
said jurors for good cause, and sum-
mon others to take their places. Said
jury shall be sworn to faithfully, hon
estly, and truly render their verdict
Iimpartially and without favor. The
/ defendant. in any civil or criminal case
shall have the right to stand aside
two jurors summoned and present at
the trial, and the agent shall desig-
nate others to take the places Of the
jurors who are SO excluded from the
Jury. The verdict Of the jury shall be
4 final in the case, unless it is set aside
and a new trial Is granted BY the ma
jority Of the court. Neither the IA
Their, son, brother, 81 first cousin Of
.Ieither party shall be a competent i'll
TOR in any case, civil Oh criminal.