The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-01-06
REQ men ON THE BENCH,
Very Satisfactory Work Of the In
dian Judiciary for the Past
Year.
Scope of tho Tribunals over Which
Several Noted Chiefs
Preside.
Icagrs Provisions for the Pay of Those
Who Scrvc-Criminal and Civil
. Cases Heard.

salary of at least $40 a month.
So says Commissioner Morgan il
his plea for an increase of sal
aries for tho American Indian judi
ciary; and his assertion does not seem ex
travagant. Besides, the administration ol
Justice to red men on lines laid down by
the whites sometimes exposes he Indian
bench to unpopularity, and this should bt
remembered in the pay.
Yet we find the highest and usual rate OF
salary given to the Indian judges during
the Inst fiscal year to be only 81 a month,
while at the Pawnee, Ponca. Otoe and Mes
calero agencies it was only S.. and at the
Green Bay and the Yakima only
SALT. The reduction to S. salaries was
plainly due to the small number OF
Indians at those agencies, and to the fact
that the court sat only seven months in tho
year, instead of eight, as in other instances.
But the Yakima and Green Bay agencies
are very large. the former having 1868 In
dams and the latte $500, with eight
months sessions; 80 that the annual earn
ings of their judges were unquestionably
meager. In the Puyallup agsncy we see an
exceptional system. The usual lumber of
judges in an Indian court is three. except
that at Shoshone agency there are four. at
IlU0 JflIkt anu SllClA III CbGAs II az
Umatilla two. But at Puyallup we find six
teen, and the small appropriation for this
agency accordingly requires that the sala-
RES OF six of them should be only So a
month and the other ten So a month each.
COMMISSIONS Morgan therefore now
raised to S.. and that this shall here
after be the minimum for u Indian
judiciary. IL the last session congress
added 5000 to the judicial appre priation,
SO that for the current year we find ninety
eight judges at twenty-six agencies, of
whom tifty-fve will have $40 a month each,
ten judges IS per msnth. twenty three
Judges S. per month. and the remainder -.
They will also be able to sit all the year
round. An ambitious project OF the COM
missioner to increase the number OF In
dian courts would bring the annual outlay
up to an aggregate of $4,000; but it is be-
lieved that this drain on the treasury is
justified by the growing Importance Of our
Indian jurisprudence.
The courts of Indian o~ffenses, az they are
legally styled, were established six or eight
years ago by the Indian Office. Each court
was to consist of three judges, nominated
by the respective Indian agents for the
term Of one year, subject to removal at any
time. They hold regular sessions twice
q month. Two years ago congress was
sufficiently struck by the degree Of useful
ness which these anomalous tribunals
a ICdCACO ~ u u 6lldll bppIODIlH-
ton for their salaries, which had the
further effect of giving them legislative
recognition. On their criminal side these
courts take up certain specified offenses on
tbs reservations, such rs barbarous dances.
plural marriages, the nominations and
tricks of medicine men, theft. drunkenness,
destruction of property, and 50 on, The
penalties are fine. imprisonment. hard
labor. and forfeiture of ration On its
civil side the court has the jurisdiction of a
justice of the peace, and conforms SO far
AS practicable, to the practice of a justice of
the peace in the state or territory in which
the court is located" 1T is remarkable that |
these tribunals should have sustained them
selves so we'll for half q dozen years unaided
by legislative authority or precedent, and
that, az Commissioner Morgan says, in spite
OF crudities, anomalies, and disadyantare
they should have reached so noticeable a
degree of dignity and influence.
To say the truth, it seems to have been
high time for congress to interfere and pro-
vide salaries. since prior to 1883 the judges,
as the official reports show. gave voluntary
service or were selected from the police o.
paid themselves out of the fines imposed O.
collected" In the first case, the service
must have depended much on personal con-
v%eliience: in the second, the Judge may also
sometimes have been both sheriff and &C
crser. In the third. the temptations to
conviction may have seemed too great Tor
AucHS JhotiEc. IlC"eFeI, uutlUG Lue 1881 Is
cal yGar, q total appropriation of 5000, ty
dint of careful outstanding and by closing
tho courts for one-third OF the year. allowed
them to be maintained at twenty-five agen-
cies. For the present year tie approprIa-
ton was doubled.
In the practice of these courts. the Indian
police officer usually makes the charge and
the judge, after weighing the evidence sub
mitted on both sides, renders the decision,
which the agent then reviews. The reDort
FROM Devils Lake shows that it il a rare
thing for the agent there to %disapprove the
proceedings of the court. AT Standing
Rock the court originally consisted of the
captain, lieutenant, and one private of the
Indian police: but when congress allowed
pay, these judges were succeeded by three
of the ablest Indians at the agency. These
were John Grass, head chief of the Black
feet Sioux. perhaps the most intelligent and
progressive OF all the Sioux, speaking Eng
iish, wearing citizens dress. ana fayor.Hg
eeyeraity aliottments; Gall, the renowned
war chief Of the H%unkpapas. Il very intelli-
gent Indian. tLough not speaking English:
Standing Soldier of the Lower Y~anktonais.
a progressive Indian, not speaking English,
but fayoring education. This was a
fine bench of full biooded Sioux,
popular and respected. They served
from JAN. l. 1899, to March 81, 1880.
when the lack of compensation brought
back the Indian police as judges. which Is u
HiuCH iess uesiIdDie arrangement, as LIey
are generally the prosecutors also. During
the year reported upon 81 cases q of Grim
nal nature were decided, besides disputes
involving ownership OF property. cattle
trespass, and so ID. IMPROVEMENTS ia tie
agency at hard labor from ten 10 ninety
days, the forfeiture of eleven guns, an the
payment of an aggregate of :s57 Ia cash
tines were fruits of these cases.
At MescaierO agency the dignity aud i'm
partial judgment of the indian justi :es are
remarkable, and ofenses are decreas ng. In
the Pokcs, Pawnee, and Otoe agency, the
Chief, and Eagle Chief. Witnesses are al
ways sworn, and, besides the two sherifs,
there is a clerk who records the proc .d,aps.
At Siletz, where geventy-six cases sers de
cided last year, the court, after heariny The
witnesses of each side in turn. retires and
celebrates on the decision, which liz then
announced in open court. At TmatiIIs.
Judges ~Pu-pu-tow- yash aud CAST Cash
have now served for seven wears. and ere
much respected. They speak some Eng
lish. At Coiyille there is an obyiou. lean
ing to maturity of experience, the court
consisting of Whistleposem (LotJ 10 wears
old. and Skosjock-in Cornelius J, who il co.
At Puyallup there are seven Indian courts.
At Tuialip the judges all speak English,
and George Archelle is well educated. AT
Shoshone the agent finds the influence of
the court to be good and it's decisions
more acceptable from being rendered Ly
Indians.
Taken together, the detailed reports of
ths workings of these tribunals are very
satisfactory, especially IN view of the short
time during which they have receiyed eyau