Arizona silver belt., 1896-03-26
ARRESTS ON RESERVATIONS,

with the question whether or not tue civil power is superior to the military and whether Indian reservations are exempt from the jurisdiction of Territorial officials. It is another in stance of the mountain laboring and bringing forth mouse.
 First, the secretary of war tried to solve the question, but finally gave it up and referred the conundrum to Hoke Smith, secretary of the interior. No question of law or state is too intricate for Hoke's profound learning and acumen, and after due consideration, he arrived at the conclusion that 'there is no act of Congress or treaty with Indians which excludes Indian reserva- tions from the jurisdiction of Terri torial officials" The assistant attor- ney general, too, tackled the question, as did also Indian Commissioner Brown ing. Fortunately, the concurrence of these great minds rendered unnecessary the calling together of the entire cab inet, which might have interfered with President Cleveland's duck hunt. The statesmen who considered this intricate question and discovered that the civil power is at at time and in all places supreme, were sorely disappointed by the result.
 Three luminaries in the administra- tiop constellation--the assistant attor. ney general, the secretary of the in. terior and the commissioner of Indian affairs-concurred that the United States clothed the minions of the court with too great authority, and agreed that Territorial officers holding war rants for the arrest of offending In- disns should be required to first apply to Indian agents for permission to make arrests on reservations. As a result of this decision, the secretary of the interior has sent to the House a draft of bill incorporating this provision.
 A Washington, D. C., dispatch in reference tc this matter says: "The question at issue between the military and civil authorities was whether or not the sheriff and his posse had the right to make arrests on an Indian reservation, without the knowledge and consent of the agents. The military authorities in the Department of the Colorado contended that the sheriff should have first consulted one or both of the Indian agents"
 This assumption of the military is further evidence of their arrogance and stupidity. It presumes ignorance of the principle of law, which is incor- porated in Arizons's bill of rights, namely, that "the military shall at all times be in strict subordination to the civil power"
 The authority for civil officers to enter reservation and arrest Indians charged with crime is expressly given by section 2l53, title 2S, chapter f, of the Revised Statutes of the United States, which reads: 'In executing process in the Indian country, the mar shal may employ posse comitatus, not exceeding three persons, in any of the states respectively, to assist in executing process by arresting and bringing in prisoners from the Indian country, etc. Not only is it unneces- sary for civil officers to apply to h. dian agents when desiring the arrest of offending Indians, but the agents them selves are required (Sec. 2152 R. s. to use diligence in procuring the arrest of Indians and others, on Indian lands, who are charged with crime. The hw IS mandatory upon agents. 1t reads: "The superintendents, agents and sub agents SHALL endeavor to procure the arrest and trial of sIl Indians accused of committing any crime, offense or misdemeanor, and of all other persons who may have committed crimes or offenses within any State or Terri tory and have fled into the Indian country. <"
 The statute, therefore, places the onus upon the agent, Capt. A. l.. Meyer, and the sub-agent, Lieutenant Rivers, who failed to do theIr duty by arresting Indians for whom, as they knew, warrants had been issued Dep- uty Sheriff E. l.. Benbrook and posse, who were attacked by Indians on Cibicu creek December 5 last, were on the reservation by authority of law, in the discharge of their duty, and every Indian who participated in the assault upon them is amenable to pun ishment, and it is the duty of the agent to procure their arrest.
 A more impracticable and invidious law than that suggested by the secre- tary of the interior, compelling a civil officer seeking to make arrests on In dian reservations to first apply to Indian agents for authority to act, can scarcely be imagined. If enacted,