Waterbury evening Democrat., 1894-02-05
INDIANS AS JUDGES.
THEY HOLD COURT IN DISTRICTS OF
THE RESERVATIONS.

Some of the Penalties They NAY Impose
! For OGenses and Their Tees For Per
| forming the E:arriagc Ccremony-Fines
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 DO ap-
| parent on refiecting, in the first place,
| that Il largo 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 tho 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 mako them moro
efficient. Among the changes in the new
regulations is the division of the reser-
vations into districts, with q judge in
each, while there is court in banc for
| the reservation, having a clerk to keep
its records. \ 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 tho 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 ono day in each week.
Any Indian engaging in the sun dance,
scalp NldlltC OF WIZ OIlICN', VI any SlIu1ldI
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 Otfcnse, a second Offense
bringing not less than 10 nor more than
80 days of Withholding rations, or i'm
prisOnmCnt
Plural or pOlygamOus marriages here
after entered into receive Il penalty of SEQ
to so, or hard labor for 20 to GO days, or
both, and the forfeit of right to rations
while continuing III 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 so days imprisonment,
and the plea that the person convicted
or the owner of the property in question
was at the time q '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"
INVESTIGATION and tho selling of intoxi-
cants are put on the same footing, bring
ing Il penalty of between SEQ and 800 or
imprisonment between 80 and 80 days.
The FOUNDERS of tho 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 misdcnCanOrs, Il 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 i'll the new regulations reads as
follows:
1,,+ { I1,l or 1not-
to adopt habits of industry or to engage
in civilized pursuits or employments, but
habitually spends his time in idlenesS
and loating. he shall be deemed a vagrant
and guilty of Il misdemeanor, and shall
upon tho first conviction thereof be liza
bio to q fine Of not more than S. or to
imprisonment Of not more than 10 days,
and for nysubsequent conviction there
of to Il fine of not more than $40 or to
Imprisonment for not moro than 30 days,
i'll the discretion OF the court"
This inclusion Of vagrancy among Of
! fcnses 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 con- urer
to prevent Indians from abandoning
their barbarous customs is to be impris-
Oned between 10 and 30 days for the first
| offense and not moro 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 solenn1ze 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
a majority of all the judges on the reser-
walton, and upon failure of such a 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.
| 1t will 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.
Jones-Pm quite Il near neighbor of
| x-o11TS NOW, MrS Two 20