The weekly tribune. [volume] (Great Falls, Mont.) 1891-1894, 1893-04-28
INDIANS AS JUDGES.
THEY HOLD COURT IN DISTRICTS OF
THE RESERVATIONS.

Some Of the Penalties They May Impos,
For Ofenses and Their Fees For Per.
forming the Marriage Ceremony-Finei
For vaerA,cy.
During the recent discussions of In.
dian affairs reference has been made to
the judicial establishments on the reser.
vations. The obstacles to carrying on
there a full system of courts will be ap-
parent on rejecting, in the first place,
that a large proportion of the Indians
are among the five civilized tribes, who
have arrangements of their own under
the local governments assured to them,
and next. that among the remainder
there are many thousands who by TAX
ing allotments have become citizens and
have passed under the jurisdiction of the
states and territories where they reside.
However, there is an existing system
of Indian courts organized under the
regulations Of the interior department,
while the act of 1885 gave to the United
States and territorial courts jurisdiction
of crimes committed by Indians upon
their reservations. Recently the regula-
tions for the Indian courts proper have
been enlarged, so as to make them more
efficient. Among the changes in the new
regulations is the division Of the reser-
vations into districts, with a Judge in
each, while there is q court in banc for
the reservation, having q clerk to keen
its records. A reservation NAV be div
lded into three or more such districts,
following. as far as practicable, county
lines, provided that the Indian popula-
tions, including mixed bloods and whites,
who are members of the tribes, shall be
nearly equal in the districts. If there
are no county lines, natural boundaries
are used, so hat the Indians can easily
ascertain what districts they belong to.
All the judges are Indians and must
be men of intelligence, integrity, good
moral character and monogamists, pref
erence being given to those who read
and write English readily, wear citizens
dress and engage in civilized pursuits"
They are appointed by the commissioner
of Indian affairs for the term of one year.
subject of course to earlier removal ON
proof of misconduct. Each judge must
reside in the district and hold court at
least n day in each week.
Any Indian engaging in the sun dance,
scalp dance or war dance, or any similar
feast, so called, shall DO punished by
Withholding his rations for 10 DAYS or
less, or hy Imprisonment for 10 davs or
less, on the first ~oiTense. a second offense
bringing not less than 10 nor more than
30 days of Withholding ~rations, or i'm
Plural or ~polygamous marriages here
entered into receive a penalty CT $50
% $50, or hard labor for 90 to co DAYS. or
both, and the forfeit of right to rations
while continuing in such relations. Other
immortality Of like nature is punished.
The willful destruction of property of
other Indians requires the making up of
is value and also 80 days imprisonment,
and the plea that the person convicted
the owner of the property in question
vas at the time a 'mourner,' and that
the taking, destroying or iniur-
ng OF the property was justified by the
customs or rites of the tribes shall not
% accepted as sufficient defense"
lntoxication and the selling of intoxi-
ants are put on the same footing, bring
ng a penalty Of between SEQ and 500 or
Imprisonment between 30 and 30 DAYS.
FOUNDERS of the police courts of ci-
les who are accustomed to the $40 or 10
.ays of civilization might be aghast
t the introduction of these penalties.
among the misdemeanors, a neglect or
to perform road duty brings a
ne of $1.5O for every day omitted CT
Imprisonment for not more than five
avs. Another noteworthy provision
roposed in the new regulations reads as
THAT if an Indian refuses or neglects
D adopt habits Of industry or 10 ENGAGE
A civilized pursuits or employments. but
abitually spends his time in idleness
loafing, he shall be deemed avagrant
nd guilty Of a misdemeanor, and shall
pom the first conviction thereof be liza
10 20 II fine of not more than s. or to
OF not more than 10 DAYS,
nd for any subsequent conviction there
/ TO a fine OF not more than $40 or to
for not more than 30davs,
the discretion Of the court" ,
This inclusion of vagraucy among Of |
.nses punishable by the courts is among ]
10 changes in the new regulations, |
ny II who adopts the practices Of |
men or the arts of the coniurer !
prevent Indians from abandoninp {
leir barbarous customs is TO be impris. ]
ned between 10 and 80 days for the first G
Tense and not more than six months
II a subsequent one. The deterrinp of
adams from following civilized habits
pursuits, or their children from at.
nding schools, is also included under
lis regulation. i
The district court Judges have bower C
solemnize marriages between Indians t
fee for each not exceeding 81, and a
are TO furnish certificates of such @
arriages. I
The Indian court III general term, com. /
Using all the judges Oh a reservation .
Is at least once a month, and amaiority /
institutes 4 quorum, but any Judgment i
be valid must have the concurrence Of G
majority Of all the judges on the reser