The Durham daily globe. (Durham, N.C.) 1889-1894, 1893-04-08
INDIANS AS JUDGES.
THEY HOLD COURT IN DISTRICTS OF
TIE RESERVATIONS.

Some of the Penalties They day Impose
For OTcnses and Their Fees For Per-
forming the 3Iarriage Ceremony-rines
For Ea;;raucy.
During the recent discussions of In
dian affairs reference has been made to
the judicial establishments on the reser-
YatlOns. The obstacles to carrying on
there fall system of courts will be ap-
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 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-
tons 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 clerk to keep
its records. y reservation may be div
ided into three or more such districts,
following, as far as practicable, county
lines, provided that the Indian popula-
tons, 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 i'll the district and hold court at
least one day in each week.
Any Indian engaging III 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 first offense, a 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 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 also 80 days Imprisonment.
''and the plea that the person convicted
or the owner Of the property in question
was at the time '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
be accepted as sufficient defense"
IntCxicatiCn and the selling of intOxi-
cant5 are put on the same footing, bring
ing a penalty Of between $50 and 800 or
imprisonment between 50 and 90 days.
The FOUNDERS of the police courts of CT
ties who areeccustOmed to the $40 or 10
days of civilization might be aghast
at the introduction Of these penalties.
Among the misdemeanors, a neglect or
refusal to perform road duty brings
fine of $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 III idleness
and loafng, he shall be deemed vagrant
and guilty of misdemeanor, and shall
upon the first conviction thereof be liza
BILE to fine of not more than s. or to
imprisonment of not more than 10 DAYS,
and for any subsequent conviction there
of to fine of not more than $40 or to
imprisonment for not more than 80 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 30 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 III general term, COM
prising all the judges on reservation.
sits at least once month, and majority
constitutes quorum, but any judgment
to be valid must have the concurrence OF
majority of all the judges on the reser-