Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1894-11-08
THE GRAND JURY
MAKES A REPORT IN THE U. s.
COURT AT FIT. SMITH.
Larger Appropriations Quickly
Available the Remedy for In
dian Territory Lawlessness

rltOry, ana points out the obstacles
in the way of perfect enforcement
of The law.
The report is to be submitted to
the attorney general, and is as fol-
lows:
In the District Court of the United
States for the Western district of
Arkansas-Grand Jury Room,
August term, 1894:
Fl. Smith, Ark, Oct "a.
To the Hon. Isaac G. Parker, Judge
of the U. S. district court for the
western district of Arkansas:
Our attention has been called to
the numerous criminal operations
of individuals aud bands of out
laws in the Indian Territory, aud
the fact that It's claimed that there
is a failure on the part of the Off
GERS Of this and other courts hav-
ing jurisdiction over that country
to enforce the law and maintain
order. We have made q thorough
investigation Of this matter and
while we find that there is cause
for complaint and an apparent in.
ability on the part of the courts to
successfully cope with these crimi-
nails and aw.breakers, we are led
to the iacontrovertible conclusion
that the causes for this state of af-
fairs are not found in admlnistra.
tion of the law by the officers OF
the court, but that the fault lies
with the law governing such adj
ministrations. Although our in
vesligation was confined tp the
work of this court. we believe that
the same causes affect all alike.
Our examinations embrace several
administration of the officers OF
this court, including the present.
So far as the court itself is con-
cerned its high reputation as a Wig
orous but fair and impartial admin
is;ration of justice is too well
established to need any mention
on our part further than to say
that for twenty years has this rep
utation been accumulaling, under
the able and fearless, but patient
and indefaligable labor Of the hon
orable Judge presiding over said
court. until to-day not even the
meanest criminal tried by it will
question its lofty standard.
In the work OF the district attor-
neys office we find no cause to JUS
tify an assertion that the law fails OF
being properly aud vigorously ad.
ministtred. On the contrary, we
find while frivolous prosecutions,
calculated to entail large and un-
necessary. expenses upon the gov
ernment are discouraged and sup
pressed by every means permitted
under the law, that the more i'm
pOrtant and greater crimes are fol-
lowed up with dispatch and rigor
and a fearless and unceasing pros
ecution maintained to the end. In
this branch OF the service the CON-
missioners' courts labor jointly
and in harmony with the district
attorney and his assistants.
If the fault for failure to break
up the crime or capture more inn
portaut criminals is with any office
of this court it must be the mar
shaps office. 1t is the medium
through which the court enforces
its orders and mandates and by
reason OF the known indisposition
of the Indian people to report and
prosecute crimes, it is the piinci
| pal means afforded to the court by
which violations of the law are
a certained and reported. That
being the case, we devoted more
time to the investigation of this
branch of service than any other,
and wo unhesitatingly say that the
fault does not lie here, but that the
causes for failure of more
prompt and efficient enforcement
OF the law in the Indian Territory
lies with the law itself, and the in.
depreciation Of these laws by the
department at Washington.
Two causes appear to us mos
prominent, viz: Q) An utter alb
sence Of a proper understanding o.
the situation in the Indian Terri
tory on the part of the COMPRESSION,
al committees having appropria.
tions for the service in charge, By
the treasury and law department
Of the government, and by the pub
| lie generally. (2) A failure Of the
law to provide adequate pay fol
this service.
The latter cause is the natural
offspring Of the former, and the re-
moval Of the first will undoubtedly >
remedy the second; but until the
real situation is understood and ad
equate pay for this service is pro.
vided no improvement in the en-
forcement of the law can or will bt
secured.
The fees and emoluments provi,
ded by the law for the arrest anc
transportation Of criminals il
doubtless sufficient in the execu
tion of the law in the several states
where means of communication by
mail, telegraph, railroad, etc, are
ample. where law and order is the
rule instead of the exception;
where the officers Of the law have
aud feel the aid which in cases o.
necessity they are entitled TO from
every citizen ofthe country through
which he passes; and his duties
rarely take him through a country
not populous, but the conditions