St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-25
HAVE INDIANS RIGHTS
A Question Upon Which the
Courts Trench Very
Delicately.
Singular State Of Affairs De-
veloped in a Criminal
Proceeding.
Damage Suits Threatened as
the Outcome OF Theatrical
Troubles.
How Diamond 10 Acquired
That Dazzling Piece
Of Name.

/
sought to test the much-vexed question
as to what rights the Indians have for
redress in the civil courts against the
wrongs committed by their palefaced
bretheren, but in this case the Indian
was given no redress. The question
sought to be raised is one of greater
magnitude than the multitude of the
people suspect The question is an i'm
portant one in dual form, as ii involves
the rights Of the Indian as ward of
| the government, as well as his protec-
ton by the law while pursuing
the lines incident to civilization.
! q Co., had sold farm machinery to
Martha Wilson, a fuIl-bIooded Chip
| pewa squaw, who is the wife of an
| American living upon the White Earth
| reservation. She, by the way, is Il fine
| specimen of womanhoOd, has passed the
meridian of life, wears silk dresses, dia-
| mond earrings, and has an air Of being
Well-to-do, as she is in fact. 10 pay for
| this farm machinery Mrs. Wilson had
given several notes secured by a chattel
mortgage upon the crops Of growing
wheat. By the law of the land, no per-
son can collect a debt in the courts
against an Indian upon government
| reservation. English knew this, and
| also knew thatit was contrary to the law
to take chattel mortgage on property
Of an Indian, but when the wheat was
harvested and threshed he took teams
and hauled away wheat against the pro-
test of the Wilson's to the extent OF sew
eral hundred bushels, working nearly
all night at it. and taking it across the
line of the reservation into Becker
county, within the state of Minnesota.
English was indicted by the grand jury
upon three counts. One for the larceny
OF SOC bushels of wheat. the other two
counts having reference to making an
unlawful contract with an Indian, and
tor taking prOmiSsory notes from an In
dian, which was alleged to be unlawful.
The trial of the case was set for yeSter-
day, at which time the district attorney
dismissed the second and third counts.
and the defendant. demurred to the first
count in the indictment Oh two grounds,
namely, that the court had no iurisdie-
ton and that the indictment was so in
definite that it did net make known the
OifenSe in sufficient terms. Attorney
Taylor, of Minneapolis, proceeded to
argue the demurrer for the Indian
woman, and District Attorney Hay and
his assistant. George b. Edgerton, ar
gued the case for the government,
MIR. Taylor. i'll discussing the first
point named, insisted that the act of
congress creating the state of MinneSo-
ia did notreSerye the right to jurisdic-
ton to indict and try White people for
trading or having transactions with In
dians on the border of the state. and as
this contract was made in Becker coun-
ty, near the line of the Indian reSerYa-
ton, and more particularly because
English lived within the state of Mime
sofa and Mrs. Wilson lived upon the
White Earth reservation. the United
States court had no jurisdiction or right
to indict or try English. Mr.. Taylor
also contended that the indictment was
insufficient in form, as ii did not charge
the offenSe in tie language of the
statute.
The attorneys for the government
stated that this case was brought for the
especial purpose of having al adjudica-
ton as TO the right of the federal court
to have jurisdiction in such cases, as it is
DESTROYS 10 have the question settled, in
view of the fact that the White Earth
Indians do considerable trading with
the white people, and there is liable to
be considerable contention over the
right of the Indians TO prosecute white
people for various offenses. The case
is a more complicated one in view of the
fact that at the time of the formation of
the state, and for long time thereafter,
the line between the reservation and
Becker county, Minnesota. was not de-
fined or located to any certainty. and it
was only recently that that line was es-
tabliShed.
Judge Nelson, after hearing the argu-
ment upon the two points of demurrer,
declined to pass upon the question of
jurisdiction, but decided that the indict-
ment was defective in that it did not
conform to the statutory requirements.
1t can be readily seen that the Quts-
ton of jurisdiction Of the federal court
in such cases should be adjudicated by
the federal court so that there may be
no question as to the right of the In
dian to redress in controversies with
the whites. 1t is to be hoped that the
question will be again raised up an in
dictment sufficient in form, and kthat
that the far specimen of Der race may
have her wrongs Tighted in a compe-
tent court.
If the United States government pro-
poses to regard the Indians as its wards,
| it should see to it that they are afforded
protection, whether it be against the
shrewd dealing of legitimate business
men, or, Oh the other hand, against the
designing scheme of the Indian agent
or the unwarranted acts of athc trader,
who hovers on the borders of the reser-
walton and secures the products and
legitimate property of the civilized or
| semi-barbarous Indian.
THE THEATRICAL QUARREL.
No Show Last Night Miss Willard
Gives Her Defense and Threatens
Suit.
The quarrel between the management
of the Grand opera house and the
Town Lots company yesterday as
sumed another phase. and the courts
will be called upon next term to decide
upon the matter. At the hour OF (? in
the afternoon Manager BiXby. accom-