Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1892-11-11
BARRED FROM THE BALLOT.
Reservation Indians In South Dakota
Can Not Vote.

Reservation Indians In South Dakota
Can Not Vote.
JUICE Z. G. SMIrH heard the argu.
ments in tho msnd2mus case to compel
the Commissioners Of Charles Mix
County to establish voting precincts In
the Yankton Indian Reservation and
gave decision denying the petition, as
follows:
The action is In the nature Of OF . Amandamts
to compel the County Commissioners OF Charles
Mix County to establish one or more voting
precincts on the YanktOn Indian Reservation
and Is brought upon the relation Of Henry Be
min, an Indian on the reservation, IN his own
behalf and In bohalf OF some three hundred
others, being Indians who have taken attach
inents OF land upon this reservation and re-
ceived patents thefefrom Under the provisions
OF the act OF Congress known As the Dawes
bill. The relators allege that they are citizens
OF the United States and quYlined voters OF
the State Of South Dakota. and Wat the County
Commissioners have refused tO~oseblish vot-
ing precincts at which they might cast their
votes at the approaching election. The Dawes
bill provides that every indian born within the
territorial limit OF the United States, TO whom
an allotment shall have been made under the
provisions OF this act, Is hereby declared TO be
citizen OF the United States, and y entitled
to all the rights, privileges, and immunities Of
such citizens, etc. The facts alleged admit OF
no doubt under this law that these Indians are
citizens OF the United States. ana 4 residents
and state as established BY law, would be en-
titled to vote.
The real difaculty arises ne to the right to
establish voting precincts within the limits OF
an Indian reservation. The reservation Is not
the public domain OF the United States but is.
In fact, Indian country, and negotiations are
now pending for the REIMBURSEMENT of the In
dian rights In the unallOtted lands OF the res
ervation, and these Indians have not signified
their assent that such reservation might be
embraced within tho Territory OF Dakota or
the State OF South Dakota.
Section 1874 OF the revised staiutas OF the
United States, being part OF the organic Act OF
the territory. provides that all such territory =
l. e., Indian country--shall be excepted out OF
the boundaries and constitute no part 81 any
territory now or hereafter organized until such
tribes signify their assent to the President 70
be embraced within . particular territory or
state Article a3 OF the Constitution OF this
state provides that I'VE, the people inhabtting
the state OF South Dakota, do agree and de.
clare that we forever disclaim all right aud
title to all lands lying within said limits Of the
state owned or held by any Indian or indian
der sbS0rnfg 4 rff6aiaaA lands shall Eemain IN
Congress or the United states"
1t Is clear then, that the United States cxef-
c!ses sole and exclusive jurisdiction over this
reservation except in SO far as 1t may see ht 10
grant the state the right tp exercise its juris-
diction. M right or lslisd c,ion over he
been granted the state. except jurisdiction TO
punish certain crimes committed by Indians.
1t must follow, therefore, that neither the
state nor any OF its local officers have the light
to establish voting precincts upon or within
such Indian country, and the application 10
compel the County Commissioners to estab-
lish voting precincts must be denied.