New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-04-05

NOVEL JUDICIAL TRIBUNALS AMONG THE
NETWORK INDIANS.
ESTABLISHED BY AUTHORITY OF THE STATUTES
OF THIS STATE. THEY DEAL OUT NATURAL
JUSTICE IN A MANNER WHICH MIGHT
BE COPIED WITH PROFIT.

JUSTICE in A MANNER WHICH MIGHT
BE COPIED WITH PROFIT.
There Is a curious tribunal OF justice up in the
northwestern part OF this State where 10, the
poor Indian. settles his disputes. matrimonial or
other, and which Is never mentioned in the re-
ports OF ordinary courts OF justice. The Peace
makers Court, 1t Is called. 1t Is established with
the sanction and authority OF the statute law OF
the State. and its DEGREES are as binding as those
of any other tribunal In the land. 1t Is purely an
Indians court, and white have no authority
over It, the suit o. a white man be tired
therein. no matter whether he is the plaintiff or
defendant.
Little at time the work OF civzing the Indians
has gone on. until the various nations which have
survived the march OF progress in the Empire
state have been endowed With the corporate rights
and qualified duties OF municipalities for some pur-
poses. TIE Peacemakers' Courts follow in Their
procedure nearly as possible the ancient forms
% the Indians in settling their internecine dis
putes. only their work has been systematzed. TO
certa degree The systematizing. however, relates
mainly TO the methods OF appeal from the decision
o; the courts CT original Jurisdiction, the Peace
makers Courts, to the council. a court COM
posed Of chiefs o. the various nations.
Up to the present time scarcely any OF the tech
nicaties and nice distinctions OF modern jurs-
prudence have oeen introduced, and the courts
proceed on the theory Of natural justice. in view
,roversy The hair-spl!ttns nlcet.es which dis
uneulsh the law u more civilized communities will
come later. perhaps.
These courts are composed OF the peacemakers
respectively OF the three reservations. the Aegany.
the Cattaraugus and the Tonawanda and the Oldest
peacemaker II each Of the courts IS the presiding
officer Any two Of the peacemakers OF any reserva-
ton form a quorum for the purpose OF constituting
a court and may perform any OF the duties and ex-
ercise any of the powers assigned 10 the peacemak-
ers OF the reservation where they belong.
POWERS OF THE PEACEMAKERS
The Peacemakers' Courts have power and authority
to hear and determine all matters. disputes and
controversies" between any Indians living upon each
reservation whether arising upon contracts or Tor
wrongs and particularly for any entertainments or
respass on any land cultivated or occupied BY any
OF them. But they cannot take cognizance OF any
claim founded upon any deb; or demand originally
contracted with a white man. The Peacemakers
Courts Of the Alegany and Cataraugus reservations
have exclusive Jurisdiction to grant divorces between
Indians living these reservations ana 10 near ana
determine all questions involving the ntie 10 real
estate The only limit to their jurisdiction when
both parties are Indians is that they cannot award
4 money Judgment Cor more than 500. exclusive OF
costa I'm any one action. But that sum Is GOOD
sl Of money 10 an Indian Will be seen from 'he
fact that the peacemakers receive the muh'hceh'
salary OF so year and are not allowed 10 charge or
receive any fee other emolument Whatever Tor
their services.
The peacemakers have power TO adopt their own
rules AZ to how the parties and witnesses shall be
br,urh, before them and how they shall conduct the
suit after the ltigants all in court. and for en-
forcing obedience 10 the rules which they ADOPT
The statutes Of the State only provide that the helr-
lngs shall be public and that the decision small De
announced ia not less than four days after the con-
troyersy Is finally submitted.
,ttD ffftra f1y m kar
broader Jurisdiction than the Judges OF the Supreme
Court Magma Charta cuts no figure with them
The inalienable right Of trial by jury OF ther
peers finds no place N Indian Jurisprudence Vues-
tons involving the title to land which IN proportion
20 the amount involved. would make them OF great
importance in the civil courts are disposed OF oy
these children Of tho forest without being hampereo
by the presence Of eleven obstinate jurymen.
IN CASE OF APPEAL
The neacemake-s are required to keep BRIEF rec
ord OF the proceedings which take place before
,bcn, So they can certify the evidence on when
their decision was founded II an appeal Is taken
from their determination to the Council OF inc Na
ton In any case such an appeal may De taken
within twenty days from the time the decision -
rendered by the Peacemakers' Court Inc appear -
heard bv the council of the nation in The Alegany
and Cattaraugus reservations upon me Snt h d
lifi,nal evidence as the council may determine 70
hc,r' Herein lies the difference, in the matter OF
appea Culinary courts Of justice After the case
s once tried and each party has introduced sucn
HIN 70 nut on tie record the evidence is closed so
FAR as the appellate court is concerned, IL NAY
nrder \ new trial for various reasons. when either
Marty NAV he allowed to introduce further or differ
ent evidence. but the additional or new sVleh' rs
case may play the part Of the shuttlecock and Se
knocked back and forth from TIE higher 10 ,ne
ali be introduced before the lower court III an az,
iornev discovers when the evidence Is put on paper
hv The stenographer that he has omitted some I'M
portant testimony. his client must suffer the con-
vmt under the Indian law justice is looked upon
in a different light. The omissions and mistakes OK
~ natural Justice so the higher court can inte-
gsntiv decide the case on its merits. and neither
party can take ra hs avoids the necessity OF
sending the back to the court or original Jurs
diction for "A new trial. and thereby saves vast
amount Of time and untold extra labor for the
courts After the council has once 1ecdeu naaI
that settles the matter There is no iurther appeal
THE ToNAwANDA METHOD.
In the Tonawanda Nation the proceeding on ap-
peal IS some what different from that IN the Allie
r,nv and Cattaraugus reservations. In the former
q, 10 taken 70 the chiefs OF the nation. The appel
liant is required to give security that he Will pay
any Judgment rendered against him by the chiefs.
and thereupon marshal summons awe. we've cn nn
The hearing the is all tried over again, ana me
chiefs do not pay any autntioh 10 , tme ,n
me witnesses at first hand. The only COMPENSATION
u.hich th,y receive cents eacn Tor every case
which they hear and the question or who shall pay
the costs is discretionary with them ms again y
i from the doctrine of ordinary courts OF
Justice where the successful party Is entitled to
costs as a matter OF course.
relation either by consanguinty or affinity OF any
member OF either Of the courts TO one or the
nartirs 70 The action II is provided that peace
shall not act in any case where he Is related
10 either OF the parties within the fourtn degree
nv The common law has any interest In tho
action proceeding. =, 49,.
Either party may appear In person or py attor-
,a, hu, as the decision rests upon the conscience
Of the Judges ra Their than upon legal bubbles; the
Ia u,ver is not so important factor there as he Is
IN Communities boastlng of higher civilization
In fact the Indians have taken one step toward
tho time when they will have to tussle with Black
stone codes and statutes.
THE RULING PASSION.
From The Rockani IN. W Tribune.
A retired humorist day ventured intofa cotton