The sun., 1894-12-10
IxpIAN rERR1roRY LAWLEssNEss.
Its Oriein SD the Remedies suesestsd-Ths
Conaltlnn OF the i've Trihss

incapacity OF tho Five Tribes for self-govern-
mont is not justified by the facts.
The Attorney General plainly ascribes the
existing lawlessness to "the inefficient admins
traton Of justice" under a system which has
frequently been called to the attention Of Con-
gress in the hope of securing q remedy. The
Jurisdiction over crimes to which white men are
parties is in the United States courts at Fort
Smith in Arkansas and at Paris in Texas. Mr..
Olney quotes the report Of Grand Jury for
western Arkansas, In which Fort Smith Il situ-
atcd, to show that trouble ls the lack of suf-
Hcient appropriations for enforcing the law.
Fees and emoluments that may be adequate for
arrestinR and transporting criminals In the
States, where the country is more populous,
where law and order are the rule, where posses
can easily DO raised. and where railroad and
telegraph facilities are abundant, may not be
adequate, thinks the Grand Jury, where, IA in
the Indian country, these conditions are re-
vcrsed. The instance of deputy marshal's
being able TO get only one fourth OF total fees OF
$3.50. after travelling one hundred miles in
search Of a criminal, illustrates the point. In
fact, 1t is said that IL he should pay three cents
. mile for travelling by rail that distance he
would be out Of pocket. This il q matter
for Congress and not for the tribes
to regulate. The serving OF . warrant
for minor offence brings as much money as
one for murderer, and It is perhaps natural
that the deputy marshal should pay attention
- far as possible to the easier cases.
The Dawes Commission reports having heard
that fifty three murders were committed within
fifty days. But has IL exact testimony ON thi,
polnt1 Tho Attorney General quotes Judge
Stuart as saying that considering the made
quacy OF the system of courts and law in the
Indian Territory, there is no place in the Union
where a higher regard for law and order has
ho.n ,ho.,n"
oeen sno"n'
Mr.. Donaldson % saws II that crime, commi,,sS Nv
tb. ci,izon. ~ ,hos. ,r,,.. ... ,,., Ill, -, :,
promptly. "The offence. arc generally less than
felonies, and are comparatiyely few Few muir
ders are committed by citizens. The intruder
OF non-citizen population 1t is said, contributes
so per cent of the murders. Recently. at Fort
smith, the ninety-sixth murderer in that juris-
diction was hanged. More than sixty Of them
"" So, 80 o."S iion ,i,u'"n iei,''oIS. III
'no rive irioes inc proportion OF crimes com
IN nonn,,,ion IN ,h. W., :" Tts .an,. r.,,.,
g.. III. ,,., 49,, - . ..,,
IN notns Una. Ten men haa oeen executed IN the
wears. sav. that when an Indian 4. condemned
.as "en "n i"u'a, 70 eonue,nneu
days, in which to go home and settle his Affairs,
" IJe zoe. witbon, ON. I'd Or rol ,rr,ngos ali
his earthly matters. bids his friends or family
good-by, returns at the time appointed and is
promptly shot Not one man OF the many 30
permitted TO so home after conviction. up TO
1890. has ever failed to appear for execution"
m. ,horol,o.. f,r..,. rhno,.,.. ii cut,
Inc cherokees, .reeks' 'hocta"s' anu ohick-
asaws have regular systems OF laws printed In
,..,, m, S.,,si-ais. - ~ 49,. - -,
language, ihe oeni'noies nave no written laws
The tinted state, courts aptborized IN the In"
dian Territory by the act OF March l. 1880 now
apply to the Five Tribes, but only to cIvi causes
Tribes themselye, do not have iurisdiciiono
Feionies as has been said. are tried at Fort
Smith and nj Paris outside the Indian Terri
cpnment those at Fort smith for the e. year epd
OF Paris sia7 There are scores o o, doS
Uty marshals OF these courts deriving an income
lion in the existing system. unless in Tie dipec-
lion Of larger fees seems TO be stoutly opposed.
In hr report for 1880 the Attorney General
ard in his report for 500 he added the point
that it was a grievous hardship that men
drsds OF miles sr To reach the % place Where % the
trial was held. and there meet a Jury not OF
thai there was no foundation to the objection to
he theory that good juries could not be had in
the PeEhSoEnSd and he mn that
ritory should have full criminal as well as civil
jurisdiction. The same reeommendation ma.
The Attorney General and Of various officiaIs
c connected with the Interior Department. In
ii at persons arrested should be taken before the
nearest Commissioner instead OF being COM
PEELED TO travel as was sometimes the case a
long distance for examination and bail
These various Statements suggest that tho
present system OF the administraiion OF Justice
In Indian Territory is costly and Inc efcient; yet
also that the obstacles TO improving II are great
They include not only the local opposition in
western Arkansas and northern Texas OF those
Interested in the fees and other emoluments,
but the doubt as to whether a proper judicial
ystem can be Introduced in the Indian Terri
tory itself before the status OF the white In
tru2ers ia settled In other words II Is urged
that before the question OF getting local juries
for the trial OF feonies is settled there must be
some decision as 10 the rights OF the resident
OF the Territory now classed as in
truders This again brings in the question OF
the government OF the Territory and the pres
emf system of land tenure and it has led 10 the
radical recommendations OF the Dawes Commits
sion But the real objection 10 the latter is not
as TO the desirability of a total reform, begin
ming at the bottom, but the trumping up OF q
Tribes should now 0s ioreioiy aorogahtea on & ne
The report OF MI Dona,idson. already spoken