Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1892-01-21
1mnortant Decision.

inch inquiry has been made con-
~. the question of Indians of the
ss y siood taking reservation lands
.he Interior Department has at
= - made a full and final decision
lining their rights. The following
=. decision rendered by Attorney
.l shields governing the matter.
dyen in the case of Black Toma-
" vs. Mrs. Jane Waldron.
r..ve the honor to acknowledge the
.,nt reference, Of the letter of the
'r,oIssioner of Indian Affairs, dated
v.,sh IA, 1891, submitting the report
.Irdan Inspector Cisney, relative to
o.se of Black Tomahawk v. Jane f.
~.,aron, involving the rights of the
".nective parties to a tract of land
s,h,u what was the Great Sioux In
u.r reservation, with a request for All
..io,on upon the questions presented.
~ questions, as formulated by the
commissioner, are as follows:
rrst: Whether under the laws cited
= the evidence furnished Jane +.
ms,iron. a Santee Sioux Indian, was,
..ha time the act Of March 2, 1889,
~ effect. entitled to receive ratiOns
"a annuities at the Cheyenne River
sncy. South Dakota, where she APP
nssrs TO have received rations and an
rnities for the greater part of the time
ince the year 1883.
'Ss,ond: If it is decided that she was
nentitled to receive rations and annu-
Ma. whether, under the laws cited aud
ths evidence presented, she is entitled
- inc allotment Of lands on the coded
rortion of the Great Sioux reservation
r. which she is contending against
black Tolnahawk.
The "evidence furnished from which
an opinion is to be formed consists of q
lrre number of ex parte afiidavits
made by and in behalf OF the respective
psrties, which are contradictory in the
extreme and as many points wholly ir-
pconcilable. The matter is also further
complicated by antagonistic reports of
AGENTS of the General Land Office and
Of the Office Of Indian Affairs, and
charges and counter-charges of fraud
and corruption on the part of the claim
ants, their attorneys and friends, and
the agents of the government.
It is insisted, however, that Mrs.
Waldron is not an Indian, and there
fore is not entitled to an allotment
within said reservation. 1t seems but
proper that this question as to the sta
tus Of one of these claimants under said
law should be first disposed of. The
Commissioner of Indian Affairs seems
to have taken it for granted that Mrs.
WaldrOn Is an Indian within the mean
Ing Of the law in question.
The facts affecting Mrs. Waldron's
status as to nationality are not so fully
and clearly set forth as they might and
ought to be with the numerous investi-
cations and reports that have been
made. 1t is clearly shown, however,
that Mrs. Waldron's father, Arthur c.
Van Meter, is a white man and citi-
zen Of the United States. Her mother is
. half blood Indian, being born of half
blood parents, each of whom was the
ola union between q white
man and an Indian woman. Where
these parents of Mrs. Van Meter lived,
whether with Indians as members of
some tribe or among the whites Us cit
liens of the United States, is not shown.
1t is admitted by all that Mrs. Wall
dron's name has, since 1888 or 1884, been
bourne upon the rolls ut the Cheyenne
River agency, and that she has since
then been receiving rations at that
agency. Prior to that time her name
bad not been upon the roll of any
agency as entitled to receive rations,
nor had she received any ratiOns. In
TACT, neither her mother nor any men,
Der of her fathers family had prior to
that time been drawing rations at any
agency. The father has never become
member of any tribe Of Indians, but
he family seems to have lived among
The whites.
The relations existing between the
various tribes and nations Of Indians
within our boundaries and the govern
ment of the United States are peculiar
md have furnished the material for
much discussion in the courts. 1t Is
to cite the long line OF
'ases, beginning with the Cherokee
Nation v. the State of Georgia % Pet
RS, y, and running down to the pres
mt time, wherein the status of these
RIDES and the members thereof has
,een considered. Two propositions
nay be stated as we'll settled by these
DECISIONS: Q) The members OF the va
'tous nations and tribes of Indians, al
'hough living within the geographical
limits of the United States, are not oy
birth citizens thereof; and ~ These
people constitute separate and distinct
though dependent nations, and their
Individual members are freemen.
IL ~ nf