The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-03-23
in SUPREME COURT
ThTe' Opinions Of General Interest
Handed Down Yesterday.
A MlSSOULA INDIAN CASE
sloan, the Halfbreed, Is Not Prop
erly Ward Of the Government
-Butcherlng Company vs.. the
Utah Northern Railroad.

Special Dispatch to the standard.
Helena. March 22.-rhe supreme court
to-day handed down an opinion ~ un-
usual interest to counties adjacent 10
Indian reservations. It holds that
breeds and persons adopted into indian
tribes living on rcscrV atoms are under
the Jurisdiction of state courts, unless
by express provisions of treaty between
the government and the Indians they
are held to he federal wards. Two
questions came up In an appeal from
Missoule county. Henry G. StiN
brought suit against sheriff N. W Mo
l.aughlin and +. c, Higgins. J. NJ.
kcrth. r.. Miller, r. Hogan and j. T..
Marion, his sureties. for refusing To
levy on personal property OF one Sloan.
a quarter-bresd Chippewa Indian who
lived un the Flathead reservation with
his Indian Wife, An execution had been
issued against sloan, hut the sheriff re-
fused to make the levy. claiming that
he had no right To do so. the Judgment
creditor being an Indian living an an
Indian reservation. lie said that tn.
United states district attorney had ad-
viscd him that he had no authority 10
gu un the reservation To make n levy.
dcrcd the defendants and Stin al.
p"alrd. The supreme court. In an opin-
ION by Justice Buck, reversed the Judg-
mrnI The Cuutt says that. under the
decision of the United States supreme
court In the Pleasant Draper case.
there can hc up doubt that. as sloan
was not a Flalhcad Indian. hc was not
properly ward of the government.
therefore was under the jurisdiction ot
the state courts. Two other cases were
finally settled as follows:
Tn" Butte Butchrring company W. ;.
H. Clarke, q. W. Mink ct al. receivers
nt tn" Union laciflc system. This suit
was one instituted by the Butte Buich-
ering company against the receivers of
III, railway company to recover TIA.
value Of " head Of calves ordered
shipped by the butchcring company
from a point In Utah To- Butte. The
train un which the calves were shipped
was delayed at certain point on the
rad by wushuut. The calves were
ordered hutchered at that point AMI
then shipped to Butte and there sold
for whatever they would bring. The
Butchorlng company brought suit aud
recovered "A Judgment for sJ93.25 and
costs, The appeal Is from the order
denying q motion to set aside the de-
| fault upon which 1uhgmsnt Was rem
dered) and from the Judgment. Coun-
| sci for the railroad company at the
time the suit was decided was "A mem
her of the house of representatives, AMI
In AN affidavit filed by him he stated
that owing To his duties as such mem
her of the Legislature he was unable la
appear In court to defend his client
when judgment was rendered. In a
counter affidavit. filed In behalf Of the
butcnering company, II Is stated that
counsel for the railroad company was
aware OF the date on which the case
would come up. and that nothing pre-
vented him from being present Judg-
ment Is affirmed and appellants muse
pay the costs of the appeal. The cause
IL remandcd however with directions
Ia the lower court 10 strike from the
Judgment the language making the
Union Pacific system party thereto.
The Montana Mining company lifn-
tied, vs.. the st. Louis Mining company
of Montana, r.. W. knight and T. :.
klcinschmidt. This was an action
brought by the Montana Mining com
papy ny obliY"e. against the 81. Louis
Mining company, r. W. knight and T.
H. kl-inschmidt defendants. NJ
ohligors. In Pn injunction bond In the
sum of II 600 The district court of
Lewis and Clarke county entered judy
ncnt for he Montana company for
81 O00 with interest and costs. The SUI
rr, me court, IN an exhaustive opinion
hy Justice Hunt. r"verses the lower
court, with directions to the district
court to sustain the demurrer of the de-
fcndants.