Hot Springs weekly star. (Hot Springs, S.D.) 1892-1917, 1892-11-11
BARRED FROM THE BALLOT.
Reservation Indians tm South Dakota
Can Not Vote.

Can Not Vote.
JrpG;: Il. G.. SMITH heard the argu-
mcnts in the mandamus case to compel
the Commissioners of Charles Mix
County to establish voting precincts i'll
the Nanlton Indian Reservation and
gave decision denying tine petition, as
follows:
The action is in the nature of of amandam'ls
to compel the County Commissioners %: Charles
Min County I" establish one or more N"t.llts
precincts on the Nanit0n Indian RestfVatioh
and is brought upon the relation of Henry BE
hin an Indian ON the reservation. i'll his own
behalf and i'll behalf of some three hundred
others. being Indians who have taken attach
mcntS of land upon this reservation anu re-
ceivtd patents therefrom under the provisions
OF the act of Congress known ;ts the Dawes
bill. The relators allese that they are citizens
of the United States and qualified voters OF
the State of South Dakota. and that the County
Commissioners have refused To establish vot-
ing precincts ut which they might east Their
votes ut the approaching election. Inc Dawes
hill provides that every indian ho"n within the
territorial limit of the tnitcd States. to whom
AN allotment shall have been made under tilt.
provisions of this act Is hereby declared 10 ne
IL citizen of the United States and Is entitlcu
10 all the rights. privileges. and immunitics of
such citizens, etc. The facts alleged admit of
no DOUBT under this law that these lndl;llS;lfe
citizens of the United States and II residents
of proper voting precincts within the county
and state as established by law. would he en-
titled to vote.
The real difficulty arises as to the right to
establish voting precincts WITHIN me hints oi
an Inuian reservation. The reservation Is not
the public domain of the l nited states. hut Is
in fact. Indian country. and negotiations are
now pending for the REIMBURSEMENT nf the III
dian rights in the ,nalluite, lands of the res
cyvation. and these Indians have not sisnlt!ed
their assent that such reservation nlgnt ne
embraced within the Territory oi lo;tNotl or
the State o! South Dakota.
Section lS.i nj the revised Stltut'S ol thc
United States, being part of the organic act oi
the territory. provides that all such territory
/. T.. Ind IAN c,,uMt,N-shall he excepted out of
the boundaries an,i constitute no part OF amy
territory now ur hereafter organized until such
tribes signify their assent TO the President to
state. Article .. of the Constitution ot thls
state provides tl.;Lt we. the people inlitbt!ng
the state of South Dakota. do asrec ;snd de-
clare that forever dlsclain All right and
title to all lands LYNN. within said limits ot the
state owned or held by amy Indian or Indian
tribes. and said Indian lands shall remain M
der absolute jurisdiction and control oi TIE
Congress OF the United states
1t is clear. then. that the United states eNef-
ciscs sole ind exclusive jurisdiction over this
reservation except II so far a. II may ssc lit 10
grant the Stale the l,lt to exercise Its luris-
diction. No right or jurisdiction over ih,.
been granted the state. except jursdiction to
punish certain crimes committed by Indians.
1t must follow, therefore. that neither the
state nor any of its local officers have the light
tocStablisl voting precincts upon or within
such Indian country. and the application 20
compel the County Commissioners 10 estaD
lish Voting precincts must be denied.