Arizona silver belt., 1894-06-09
rnE COSTS IN INDIAN TRIALS.

Alonzo Bailey, Clerk or the DistricI
 Court of Gila county, received iron
 Capt Meyer, acting Indian Agent al
 an Carlos, copy of letter received
 from Frank C., Armstrong, acting In dian Commissioner, in relation to the srial of Indian offenders and payment ofjthe costs of such trials, which reads a' follows
 Washington, May 24th, 1894. sjapt. Albert l.. Myer, '. S. A,
 Acting Indian Agent
 San Carlos, Arizona.
 SIR .---I am in receipt of letter oi May IT, 16ei, from the Secretary of the Interior, stating, among other things, that a Judge of Gila county, Arizona, says the people do not like the rule compelling that county to bear the expenses of trying Indians that it is wrong and should be corrected and directing me to give this matter, with the others referred to in said commu- nication, early and careful attention.
 You are advised and directed to Communicate the fact to the authori- ties of the County of Gila, that by Sec. ton II ,P. 667, 2nd Ed Supl. R. s. '74-'91l of the Act of March ?, 1889, t25 Stats, 1004l, the costs of the trial of the cases in the courts of the several Territories tried pursuant to and for she offences named in Section 9, (P, '4s2, End Ed Suppl R. s. '74J91l, of the Act of March 8, 1885, (2s Stats, 3s5, are to be audited by the accounting officers of the Treasury and paid out of money for similar expenses in the trial of criminal cases in the courts of the United States.
 The courts of the Territory of AriEo- na have no jurisdiction of Indians committing offences within their res eryation, except such as are named in said 9th section of the act referred to and the costs of the trial of all cases of which said courts would have jurisdic- ton under said section will be paid by the United States under the provision of Che Act of March ?, 1889, above re- ferred to.
 The courts of the Territory would, of course, have jurisdiction of any of fences against the laws of the Terri tory committed by an Indian outside of his reservation, but the expense of the trial of Indians for such offences must, of course be borne by the Terri. tory. Very respectfully.
 Sgd FRANK c. ARSIRsToNG, Acting Commissioner ofIndian Affairs.
 The sections of law quoted are here appended;
 Section Il, IF. 667, Ed supl. R. s. '74j9l of the Act of March ?, 1889, ,25 Stat 1004l. That hereafter the costs of the trial of the cases in the courts of the several Territories tried pursu- ant to and for the offences named in Section nine of the Act entitled "An Act making appropriations for the current and contingent expenses of the Indian Department, and fulfilling treaty stipulations with various In. dian tribes for the year ending June Soth, 1886, and for other purposes, ? shall be audited by the accounting officers of the Treasury, and paid out of money for similar expenses in the trial of criminal cases in the courts of the United States.
 Section g, tP. 4s2, End Ed. supl. R. .. 74-'s1l of She Act of March 8, 1885, (23 Stats. 3s5), that immediately upon and after the date of the passage of this Act all Indians, committing against the person or property of an- | other Indian or other person any of the following crimes, namely, mur- der, mansle shter, rape, assault with intent to kill, arson, burglary and lar eeny within any Territory of the Uni ted States, and either within or with out an Indian reservation, shall be subject therefor in the same court, and in the same manner and shall be subject to the same penalties as are all other persons charged with the com mission of said crimes, respectively and the said courts are hereby given jurisdiction in all such cases and all such Indians committing any of the above crimes against the person or of another Indian or other person within the boundaries of any State of the United States, and within the limits of any Indian reservation, shall be subject to the same laws, tried in the same coarts and in the same manner, and subject to the same pen. alties as are all other persons commit ting any of the above crimes within the exclusive jurisdiction of the Uni ted States.
 It appears perfectly clear from the foregoing that the several counties of the Territory are not liable for tbe costs incurred in the trial ofIndians in the district courts, and fully sustains the stand taken by the late grand jury which remonstrated against any fur sher payment from the treasury of Gila county of costs for the trial of any Indian criminal from the White Mountain reservation. Section II, of the Act of March 2, 1889, directs that the costs in Indian cases, for offenses named, shall be audited by the accounting officers of Fhe IT c praae,,r,, o,,1 ..a =. s ,