New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-03-15
ATTHORITY OVER INDIANS.
RIGHTS OF TERRITORIAL OFFICIALS
UPHELD.
THEY HAVE POWER TO MAKE ARRESTS on RES
ERvATIoNs WITHOUT ASKING CONSENT
fny TELEGRAPH To THE TRIBuNE.]
OF AGENTS.


my TELEGRAPH TO THE TRIBrNE]
Washington March l4.-An Interesting decision
has been rendered by the Secretary OF the Interior
,rvo,y,np the question OF the authority In certain
cases Of Army officers Indian agents. case
recently arose in Arizona In which an indian was
arrested by the local Territorial officials Inc ar
rest was resisted by the Indians comrades ana IN
fracas that ensued one Indian was Killed The IN
c,dent occurred at n sub-IndIan agency In charge
of Lieutenant Rivers. The Indians on the reserva-
ton were the White Mountain Apaches. The sub
agency is n branch OF the big agency OF San Carlos
under charge OF Captain Meyer. A sherin's posse
arrested OF the Apachcs for an alleged offence
The Indians comrades came TO his rescue fight oc-
CURED and. stated. one Indian was killed Before
the made no authority TO make 1t was OBJ
tanned from either Captain Meyer or Lieutenant
Rivers. who. as Indian agents. represent the IN
terror Department.
The question at issue between the military and
civil authorities whether or not the Sheriff and
his posse had the right 10 make arrests on an Ind
ian reservation without the knowledge and consent
OF the agents The military authorities In the De
partment OF the Colorado contended that the
Sheriff should have first consulted one or both OF the
Indian agents With certain Inducements. en-
bodying references to the laws on the subject tho
papers In the went TO the Secretary OF War
who in turn referred them to Secretary Smith
The Assistant Attorney General for the Interior
Department finally gave attention 20 the question
In opinion just rendered by him, which has been
approved by Secretary Smith he holds that there
Is no act OF Congress or treaty with Indians which
excludes Indian reservations from the jurisdiction
OF the Territorial officials This being the case Tho
lands held by Indians part OF the Territory and
process may run there for the arrest Of offenders
over whom courts OF the Territory have authority
The Assistant Attorney General is OF the opinion
that the better course TO be pursued In such cases
by the Territorial officials would be frs, apply
TO Indian agents for authority 10 act but there 4.
no law which compels them to do So he says.
Indian Commissioner Browning also had some
thing to say on the question His remarks were
to the effect that 1t would be well al all times FOR
sheriff and other Territorial officers to consult
Indian agents prior 10 making an arrest OF Indian
offenders Secretary Smith. commenting the re-
marks OF the Assistant Attorney-Cieneral and the
Indian COMMISSIONS. has Informed Secretary La
mont that he approves what has been said bu,
under the circumstances he thinks II advisable
that Congress should pass a law making Il ohliga-
tory upon Territorial officers To apply to Indian
agents for authority 20 make arrests on Indian
reservations. and that accordingly bill 10 tina,
effect has been prepared for transm ssion 10 tho
Senate and House. with the recomm endation tina,
IT receive favorable attention at an early date