Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1888-05-16

COURTS FOR INDIANS.
Details of the Bill Establishing Courts
for Indians on the Various Reserva.

Details of the Bill Establishing Courts
for Indians ON the Various Reserva-
tions-
Washington, May 13-Prof. J. B.
Thayer, OF Harvard, was before the sem
ate committee on Indian affairs, and
made On extended argument in favor OF
the bill drawn up by him and introduced
by MIR. Dawes, to establish courts for
the Indians on the various reservations
and to extend the protection Of the laws
OF the states and territories over all In-
diane and for other purposes.
The bill declares the Indians entitled
to all the protection and exemptions OF
the constitution, that they may sue and
be sued in the courts, and have full
power TO make contracts and engage in
any trade or business, but that they
shall still be subject to such reasonable
restraint as shall be necessary TO the
maintenance of the reservation system.
Indians who have received lands in
severalty under the allotment laws are
entitled to make contracts or leases to
continue not more than one year. The
laws, both civil and criminal, existirg
at the time OF the passage Of
this act, In the state or territory
in which the reservation is situated, and
the laws of the state OF Kansas, are ex.
tended over the Indian territory, but the
president ID authorized to forbid at any
time the application Of any state or ter.
ritoriRl laws which he may consider pre-.
judicial to the interests Of the Indians.
The bill further provides that the cir.
Quit court IN each circuit wherein Indian
reservations exist, as soon as possible
after the passage of the act, appoint
court commissioners. learned in the law.
who shall receive salary OF 81, ,500 per
year and travelling expenses, whose
duties it shall be to hear and decide all
| cases, civil or criminal. except capital
cases arising between Indians or both
Indians and whites. The commissioner
is also to have the powers OF q Judge oi
probate and Of q justice OF the peace and
notary public. The cases are to be tried
by the judge alone unless jaries are de.
msnded, when a jury of ak is to be. al.
lowed, but in all such cases the Jury is
to be composed OF half of each race
where sufficient number OF Indians car
be found to speak and understand Eng
liBh. These commissioners DISTRICTS are
to be divided in the northwest as
follows: Territories OF Washington and
Oregon part OF the district OF Oregon
and OF the ninth circuit; Montana and
Dakota part OF the district OF Mime
sofa and the eighth circuit. The mum.
ber OF court commissioners is fixed as
follows: District OF Oregon, 8; District
Of Minnesota, z; district Of Wisconsin, /
The bill further provides that the United
States district courts shall sit at least
once.a year to hear appeals from the
| commissioners courts, and for other
purposes. The bill further provides
that the circuit court shall appoint az
officer learned in the law, who shall be
known aa "the neSt friend OF the In
dian" and whose duty il shell be to
institute suits in behalf of and defend
any Indian. He shall also act as prose-
outing attorney in the commissioners
courts; shall receive q salary ranging
from $500 to 2.500; shall hold, office
four years and shall give the same bond
as an Indian agent. The remainder OF
the bill provides for clerks, sheriffs, In
dian police, education commissioners to
enforce compulsory education among
the adams end for the manner Of pro.
cedure in the commissioners courts
Prof. Thayer gave On exhaustive explain.
ation OF the workings OF the proposed
laws.