Evening journal., 1893-04-05
INDIANS AS JUDGES.
THEY HOLD COURT ~ DISTRICTS or
THE RESERVATIONS.

Acf OAClfce ana AANtf A'e9 ANE ca
forming the Marriage Ceremony
Tor vasraney.
During the recent discussions Of In
dian affairs reference has been made TO
the judicial establishments on tho reser-
vations. The obstacles to carrying on
there n full system Of courts VIII be APP
parent on rejecting, in the first place
that a large proportion of the Indians
are among tho 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 tak-
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 tho act of 1885 gave TO the United
States and territorial courts jurisdiction /
of crimes committed by Indians upon |
their reservations Recently the rogula. |
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 court in banc for |
the reservation, having clerk TO keep
its records. A reservation may be div
ided 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
arc no county lines, natural boundaries
are used. so that 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 10y 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 one day in each week.
Any Indian engaging in thcnun dance,
scalp dance or war dance, or any similar
feast, so called, shall bo punished by
Withholding his rahons for TO days or
less, or by imprisonment for 10 days or
less. on tho first oifense, q second oienso
bringing not less than 10 nor moro than
80 days Of Withholding rations, or im-
prisonment.
Plural or polygamous marriages here
after entered intoreceivo q penalty of $50
to 800. or hard labor for 90 TO GO 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
its value and also30 days imprisonment
'and the plea that tho person convicted
or the owner Of tho property in question
was at the time q mourner,' and that
thereby the taking, destroying or injur-
ing of the property was justified by the
customs or rites of tho Tribes shall not
be accepted as sufficient defense"
Intoxication and the selling of intoxi-
cants arc put on the samofooting, bring
ing q penalty OF between $50 and 800 or
imprisonment between so and 90 days.
The FOUNDERS of tho police courts OF ci-
ties who are accustomed TO the $40 or 10
days of civilization might be aghast
at tho introduction of these penalties.
Among the misdomeanors, o neglect or
refusal g perform road duty brings a
enc Of Si.50 for every day omitted or
imprisonment for not more than FIVE
dcys. Another noteworthy provision
proposed in the now regulations reads as
follows:
"rhct IL an Indian refuses or neglects
TO adopt habits Of industry or to engage
in civilized pursuits or omployments. but
habitually spends his timo in idlencss
and lcafng heshall be deemed a ve Grant
and guilty OF q mislcmeanor, and shall
upon the FIRST conviction thereof bo lia-
bio 90 q fine of not more than SO on to
imprisonment of not more than TO days,
and for anyanhscqu conviction there
Of 60 ino of not more than $40 OF to
Imprisonment for not more than 30days
In the discretion of the court"
This inclusion Of vagrancy among Of
fonsc8 punishable hy the courts Is among
Tire changes in the new regulations
ANY one who adopts the practices OF
medicine men or the arts of the conjuro
10 prevent Indians from abandoning
choir barharous customs is 20 be impris
cnod lo,wcc. 10 and 30 days for the frs
o9enso and not more than six month
for q subsequent one, The deterring o
Indians from following civilized habit
and pursuits. oI their children from at
fondiug schools is also included unde
this regulation.
Tho district court Judges have powe
10 eolcnai1e marriages. between Indians
The Zee for each not exceeding 81, am
ihey aro 10 furnish certificates of sue
mcr-iagcs.
The Indian court in general term, con
prising an the judges on a reservation
sits gt least once a month. and amajort
constitutes a quorum. but any judgmef
10 be valid must have the concurrence,
amajority Of an the judges on the rese
walton. and upon failure of such a mi
iOrity 60 agree the case must be trio
again at subsequent term. Il has d
nsdiction in an appeals from the distri