The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-14
50 IT IS LIMITED
Uncle Sam Has Not Exclusive JurlS-
dctiOn on Indian Reservations.
JUDGE KNOWLES REVERSED
The Opinion of the United states
Circuit Court of appeals VIII
Be of interest to Many
Montanans.
JUDGE KNOWLES REVERSED

urer of Custer county, against the HUI
hut Land & Cattle company is reversed
was received by United states COM
missioner Sproule. The decision is
very important one and Is OF particular
interest to the eastern part of Mon
tana. for the reason that it holds that
the United States has not exclusive 1u-
risdiction over Indian reservations. Inns
ruling has greatly surprised all OF the
federal officers, who have never ques-
toned that the Indian reservations
were under the exclusive control OF the
government.
The Indians of the Crow reservation /
have a treaty right to allow white peo-
pie 70 Craze stock on their lands. Be
fore that right can be secured, hoWeN-
er, application must be made TO the |
secretary of the interior who, with tne |
consent of the Indians, gives the hgn-
est bidder the privilege of allowing ms
cattle to Craze on the Indian LANDS. In
the case in question the Hulbut Lana
&, Cattle company OF ILLINOIS secureu
this right and turned their cattle INTO
the reservation. The Crow reservation
is in Custer county and the assessor Oh
that county claimed the right TO assess
the cattle as personal property. Inc
Hulbut company refused to pay the TAX
as they claimed the cattle were not III
the state. but under federal authority:
Judge Knowles held that the United
States naQ exclusive JuIlShlSbiph OAA -
reservation, and that the cattle couiu
not be taxed in Montana.
The question as to the extent OF the
governments jurisdiction over indian
reservations will be decided by the su-
preme court of the United States very
soon on two cases from Custer county
Not long ago some one In Custer coun-
ty secured a judgment against Tom
| Kent, a squaw man. on the Crow reser-
walton. The sheriff went on the reser-
| walton to levy on some sheep which be
| longed to Mrs. Kent and Captain wat
| son, the Indian agent, prevented MN
| from making the levy and ordered MIN
! off the reservation. The next time Cap
| tain Watson appeared In Miles city the
| sheriff arrested him for interfering
| with an officer. Judge Knowles dis
| missed Captain Watson on habeas cor
| pus proceedings, holding that as the
| property which the sheriff attempted TO
/ seize belonged to Mrs. Kent, Watson
| did right in driving him off the reserva-
! ton and protecting the Indians. The
! case was taken up to the supreme court
| on appeal.
on Feb. l Judge Knowles sentenced a
| man named Draper to be hung Tor XIII
ing a colored woman at the reservation.
This case has been taken TO the su-
preme court on writ of error. Ihe
claim of the defense is that the Juris-
diction of the United States is only eX-
| elusive IN so Idf as IL relates 10 llluidil5
and that when white man murders
another white person on a reservation
| he is amenable to the state laws. The
decision which will finally set at lest
the question of jurisdiction on Indian
reservations is anXiously awaited.
The decision by the circuit court OF
appeals reversing Judge Knowles was
written by Circuit Judge Ross, and is
as follows:
Undoubtedly, in so far as concerns
the government and protection of the
Crow Indians for all purposes relating
TO the treaty and agreements between
that tribe and the United States, the
reservation in question is within the
sole and exclusive jurisdiction of the
| United States. But, is il to be regarded
| as without the jurisdiction of the STATE
) | of Montana for all purposes? Clearly
! not The people inhabiting the propos
Z ed state were required by congress L
= agree, and did agree as one of the con
/ | ditions of its admission into the Union
| to disclaim any right or title to al
lands lying within the limits of the pro
, posed state owned or held by any In
dian or Indian tribes, and that until tn
. title thereto shall have been extin
/ guished by the United States. the sam
shall be and remain subject TO the dis
= position of the United States and un
der the absolute Jurisdiction and con
i troll of congress. The people inhabitin
e the proposed state were required I
= make and did make. as one of the cor
ditions of its admission into the UnioI
d similar disclaimer in respect to a
!, | right and title to the inappropriate
public lands lying within its bounds
ries. Those, too, remained in the absc
lutte jurisdiction and control of cor
gress for all purposes relating to the
control or disposition. The state coul
not tax or cucumber such unapproprla
ed public lands, or otherwise interior
with the jurisdiction ana control owe
: them reserved by the United State
but no one, we apprehend would col
tend that personal property taken upo
them by a third party. whether RICH
\ fully or wrongfully, would not be liza b
4 to be taxed in the state and county
which it should be found. We are VI
4 able to see any good reason why u
4 authority of the state and It's subord
nate subdivisions, the counties, ms
not also include the taxation of all sue
personal property found within the
geographical limits, although upon Il
reservation in question, provided, as
Y this case. the Indians are in no WI
IT Interested I'm IL. The cattle upon WIFI
the taxes in question We're levied We
/ grazing upon the reservation und
7 lease from the Crow Indians the san
- ton of which by the United States d
Z no violence To the provisions Of I
~ I treaty between the government a
them. They were within the geograp
ical limits of the state OF Montana
of the county Of Custer OF that sta
and were the property. not Of the
dams. but Of a corporation of the sta
of Illinois. and were coniessedly llal
- to the taxes levied unless they We
p without the jurisdiction of the state
, Montana. That they We're not, we &C
81 slider very clear. What was said by
suprenne court in the case entitled Ut
& Northern Railway company VS.. FL
N or. ZIG L. s, 2s-31. in respect 70 the
thority Of the then territory OF LA
to tax that portion Of a railroad eXtei
ing with the consent Of tht lndla
-hr-mch q similar r.s.LAlIlou. - auI