Idaho semi-weekly world. [volume] (Idaho City, Idaho Territory) 1875-1908, 1893-08-15
INDIANS AS JUDGES.
THEY HOLD COURT IN DISTRICTS OF
THE RESERVATIONS.

During the recent discussions of In
dian affairs reference has been made tc
the judicial establishments on the reser-
y vations. The obstacles to carrying on
. there a full system of courts will 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 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 tho interior department,
while the net of 1885 gave to tho 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 rs to mako 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 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
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 il the sun dance.
scalp dance CT war dance. or any similar
feast, 60 called. shall be punished by
withholding his rations for 10 DAYS or
less. or by imprisonment for 10 days or
less. Oh The first offense. IL second ol7ense
not Less than 10 nor more than
30 days of withholding rations. or i'm.
Plural or polygamors marriages here.
after entered into receive penalty of SEQ
% $50. or harl labor for 20 to co days. or .
Doth. and the forfeit OF right TO rations
while continuing il such relations Other
OF like nature is punished.
The willfIl destruction of property of
'ther Indians requires the making I'D of
Is value and also - days imprisonment
and the plea that the person convicted t
II the owner of the property in question a
vas at the time 'mourner. and that q
hereby the taking. destroying or injur- a
ng or The property was justified by the S
ustoms or rites of the tribes shall not a
e accepted rs sufficient defense" v
lntoElcatlon and tho selling of intoxi- 6
ants are put on the sano footing bring a
~ Il penalty of between $50 and sloo or
Imprisonment between 80 and 90 davs r.
he FOUNDERS of the police courts of ri. 81
es VINO are accustomed to the $40 or 10 h
avs OF civilization might be aghast "
the introduction of these penalties u
mong the misdemeanors, neglect or :"
'fusal to perform road duty brings W
ne or Sl.50 for every day omitted or tc
aprlsonment for not more than five al
iys' Another noteworthy provision 81
opposed IN the new regulations reads as it
flows: N''''' % q,
THAT if an Indian refuses or neo,ec+s pl
ADOPT habits of industry or to engage it
owned pursuits or employments. but sv
'oitually spends his time in idleness te
III ioaflng, he shall be deemed a vaprant be
III guilty OF misdemeanor. and shall mt
ION the 1lrst conviction thereof be i,. 10
10 IL line of not more than 81 or to
lprlsonment of not more than 10 dave
u ior any subsequent conviction there d.
TO line of not more than et0or sN
t.lso ,! Tor not more than 80 days We
the discretion of the court" s wy
MS inclusion of vasrancy among of ~,
lses punishable by the courts isnnons s J.'
changes In the new regulations IN
y one who adopts the practices If M,
oicihe nien or the arts of the coni,,ro, ~.
prevent Indians from abanJoninn N
al oaroarous customs is to be innr;s ~
~ between 10 and 30 days for the f;rs, - ,
'hse ana not more than six months a,o
subsequent one, The deterrin,, NJ o. o.
, from following civilized h.b;ts ai.,
pursuits. or their children from o. -,
oinG schools. is also included nnda, a.
regulation. "iioei ues
H., | wit
he district court Judges have ,o VIII
fei r marriages between Indians Al
lee Tor each not exceeding Il ms AL AL
Hre TO furnish certificates of srnh e ea
he Indian co,rt in ,ro,,.,. mer
ing all the iudpas ~, wv H. com ural
q. ie"S1 once month. and Im,ir,;t,. M
''i'utes Il quorum but any ind@,,a,,,
e valid must have the conc, ,.,;., -ei' RI
aJofl'y OF all the judges on the res rae VI the G
~. 'nu upon failure of such u mn milk
= W agree the case must he t,;a1 crear
II at Il subsequent ton, We 'rled than
ction in all .n,,aoI, ~ IL mas Ju- butte
I ana exclusive Jurisdiction 49, n nol,
cases between Indians and - a.. "a AMI
will ,, vi thelr estates. tamil
W. WI De seen therefore that the I,d;su the n
- are u 70 little importance - detec
1 :, the federal. state ard to,.; its sa
!, eou,'s also have jurisd;ctio,, lured
h bin need not be described in deta;1 on amqr
Durh
"e is sert of Furr,c. scend
lake has wonderfullv ,s,n culiar