Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1895-01-24
INDIAN TERRITORY COURTS.
Features of Improvement in the
Pending Bill.

Pending Bill.
wAsmNaroN. ID c., Jan. 90
The passage by the House of the
senate bill relating TO the United
States court in the Indian Territory
offers a prospect for remedying
some of the troubles from which
that region has been suffering.
Certain amendments have been
made to it, but none apparently
which should come to a deadlock
on the bill or that cannot be dis.
posed of easily in conference.
In 1890 congress passed an act
creating this court, giving it juris-
diction over the criminal offences
technically known as misdemean.
ors, and the next yeNr this juris-
diction was somewhat extended.
1t has also jurisdiction in civil
cases. But, with a white popula.
ton, which has become very large,
the dockets of this court are over
loaded. Again, the United States
commissioners cannot finally try a
misdemeanor, but, on the showing
of cause, can only bind over the
parties to appear in the court.
Thus, upon the latter an undue
amount of business is thrown. The
bill passed by the senate, which
was approved by the United States
Judge in the Indian Territory
made two leading changes in the
existing provisions. One was that
of providing that the commission
er can pronounce final judgment
on certain misdemeanors where
the fine does not exceed $500, while
rights of appeal to the district
courts in the territory are granted
in other cases. The compensation
of the commissioners is limited in
the bill as passed by the house to
81, 900 a year, although it was said
in debate that some of them now
make from 81 600 to s12 900 year.
2 Again, the courts are held at
Ardmore, South McAlester, and
Muscogee. But the new bill de-
clares that one additional Judge
shall be appointed and that the
entire Indian country shall be
divided into two judicial districts.
There were various propositions
in the senate, and the house, as to
the places where courts should be
held in the northern district, but
finally the house fixed upon Mus
cogee, Tahlequah and Vinita, all
well-known places, and added
Miami, which il said to be the
only section of land in the terri
tory owned by white citizens OF
the United States, congress having
some years ago authorized its sale
to a townsite company. For the
southern district Chickasha, a new
town on the Rock Island railroad
was added to Ardmore and South
I McAlester, where courts are now
held, after attempts at substituting
Duncan and Purcell.
Under the existing system the
jurisdiction over crimes, including
capital cases and offenses punish
able by confinement in the peni-
tentiary in the United States, is at
Paris, Tex, and Fort Smith, Ark
An amendment was accordingly
offered in the house for giving the
courts in the Indian country con-
current jurisdiction with the Paris
and Fort Smith courts, over the
offense of larceny. And again, it
was provided that this crime of
larceny should hereafter be pun.
ished by fine of not more than
81 600, or an Imprisonment of not
more than 10 years, or both. An
! objection was raised that there
was no distinction here between
petty and grand larceny, and that
too much discretion in the range
of penalties was given to the court.
But in reply it was shown that
even at present a man might be i'm
! prisoned for 10 or 10 years for
stealing a horse, and the amend
ment was adopted.
An effort was made to allow In
dians to transfer their cases from
the tribal to the federal courts, in
case they think they cannot obtain
ju-tice. But the amendment Of
fered for that purpose was rejected
it being considered better to con-
fine the bill to its proper subject,
especially as the courts would be
open to further work, and are
overloaded now.
An amendment adopted by
the house strikes out from the
senate bill the jurisdiction accord.
ed in the latter for suits between
citizens of the United States and a
tribe or nation. That seems to be
wise change, since not only could
a judgment thus obtained be
satisfied by disposing of the lands
Of the tribe, but because, as Mr..
Culberson expressed it, "the
courts have uniformly decided
that these tribes cannot be sued in
the United States without their
consent, so long as their autonomy
remains"
Under the bill, as passed by the
house, it is provided that the