Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1893-04-08
INDIANS AS JUDGES.
THEY HOLD COURT IN DISTRICTS Or
TIE RESERVATIONS.

TIE RESERVATIONS.
Some Of tile Penalties They May Impoze
For Ofenses and Their Fees For PeF-
forming the Marriage Ceremony--Fincs
For vagrancy.
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 full system of courts will be APP
parent on rejecting, in the first place,
that 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 an1 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-
lions 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 judge in
each, while there is a court in banc for
the reservation, having a 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
lions, 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 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 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 one day in each week.
Any Indian engaging in the sun dance,
scalp dance or war dance, or any similar
feast, so called, shall be punished by
withholding his rations for 10 days or
less, or by imprisonment for 10 days or
less, on the lirst offense, second offense
bringing not less than 10 nor more than
80 days of Withholding rations, or i'm
prisonment.
Plural or polygamous marriages here
after entered into receive penalty of $50
to $50, or hard labor for 20 to 60 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 also 80 days imprisonment,
land the plea that the person convicted
or the owner Of the property in question
was at the time a 'mourner,' and that
thereby the taking, destroying or injur
ing of the property was justified by the
customs or rites of the tribes shall not
Intoxication and the selling of intoxi-
cants are put on the same footing, bring
ing penalty of between $50 and 800 or
Imprisonment between 80 and 80 days.
The FOUNDERS of the police courts of CT
ties who are accustomed to the $40 or 10
days of civilization might be aghast
at the introduction of these penalties.
Among the misdemeanors, neglect or
refusal to perform road duty brings
fine of $3.50 for every day omitted or
imprisonment for not more than five
days. Another noteworthy provision
proposed in the new regulations reads as
follows:
''That if an Indian refuses or neglects
to adopt habits of industry or to engage
in civilized pursuits or employments, but
habitually spends his time in idleness
and loafng, he shall be deemed avagrant
and guilty of misdemeanor, and shall
upon the first conviction thereof be La
BILE to fine Of not more than So or to
imprisonment of not more sslan 10 days, I
and for any subsequent conviction there
of to fine of not more than $40 or to
imprisonment for not more than 30 days,
in the discretion of the court
This inclusion Of vagrancy among Of
lenses punishable by the courts is among
the changes in the new regulations
Any one who adopts the practices of
medicine men or the arts of the conjurer
to prevent Indians from abandoning
their barbarous customs is to be impris-
oned between 10 and 80 days for the first
offense and not more than six months
for subsequent one. The lettering of
Indians from following civilized habits
and pursuits, or their children from at |
tending schools, is also included under
this regulation.
The district court judges have power
to solemnize marriages between Indians,
the fee for each not exceeding 81, and
they are to furnish certificates of such
marriages.
The Indian court in general term, com
prising all the judges on a reservation.
sits at least once a month, and a majority
constitutes quorum, but any judgment
to be valid must have the concurrence Of
majority Of all the judges on the reser-
walton, and upoS failure of such ma
jority to agree the case must be tried
again at a subsequent term. 1t has ju-
risdiction in all appeals from the district
court and exclusive jurisdiction over all
civil cases between Indians and in the
administration of their estates.
twill be seen therefore that the Indian
courts are of no little Importance, while
of course the federal, state and terri
torial courts also have a jurisdiction
which need not be described in detail
Washington Letter.
Sincere Wishes.