Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-12-04
RIGHTS OE A RED NAN
Judge Sbiras Hands Down Two I'm.
portant Decisions Touching
Rights Of Indians
Federal Court Has Jurisdiction in
Damage Claims for Prosecution
Under State Laws
In Case Of Plaintiffs Death Next
Of Kin Can Prosecute
the Suit.

Cedar Rapids. Dec. Judge shiras.
of the federal court. has just handed
down couple OF decisions in Indian
cases that will prove of statewide in
terest; in fact, of national interest. for
the reason that in both cases points
have been decided that never before
have been passed upon.
The first case is that of James Peters
VS.. William G. Malin and G.. N. Nellis,
the ruling being made on demurrer
to the petition on the ground that the
court did not have jurisdiction in the
case. Peters is member of the Sac
and Fox tribe of Indians living on the
reservation in Tama county, and
brought suit against Malin and Nellis.
who are Indian agent and superintend
ent of the training school, for damages
in the sum of IS. 0G0 for alleged false arr
rest and imprisonment. they having
caused his arrest and imprisonment un-
der the state laws. The plaintiff claimed
the state courts had no jurisdiction
over the plaintiff, he being a tribal In
dian and that the action of the defend
ants was illegal and hence the claim for
damages. In the demurrer to the petit
ton the defendants claimed that it did
not appear on the face of the petition
that the case was one arising under the
constitution or laws of the United
3 States.
Judge Shiras in overruling the demur
rer says that it Is made plain on the face
of the petition that the plaintiff claims
that he is tribal Indian and that as
~, lou
Iowa are not applicable to him, and the
decision of the questions calls for a con-
sderation and construction of the laws
and treaties of the United States. The
case declared on in the petition presents
The double question of the rights of a
tribal Indian and Of the power and au-
thority conferred on Indian agents and
SCHOOL superintendent by the laws OF
the United States. Viewed in either as
pect the case is clearly one of federal
cognizance and the demurrer is there
fore overruled, with leave to defendants
50 answer the petition within sixty
Gays.
Another Important ruling is made on
demurrer to the substitution as
plaintiff the next of kin, to the orig
tnal1 plaintin in the case of Y TIA Tab
W.ayh vs.. H. NJ Rebok and Claus H.
lode. Ia Tall-yVah was a medicine
man among the Sac and Fox Indians
on the lama Reservation, whose arrest
was for practicing medicine without
fla.ving q license as required by the pros
visions OF the state. Rebok at that
time was Indian agent and Mr.. Tode
Sheriff of Tanna county. Ia Tah-
Wah brought suit for damages. claim
ing the arrest was unjustifiable for the
reason that the state had no jurisdic-
tion. Before the case came to trial the
medicine man died and a motion was
made to substitute the next of kin as
plaintiffs in place of the original plain
tiff, to which the defendants de-
INJURED.
The court holds as in the case of Pet
ers VS.. Ma1in that the case as originally
brought is one of federal cognizance
and the court has jurisdiction. He holds
that the right of action does not die
with the original plaintiff The more
difficult questions, says the court, per-
haps arise under the claim that under
the provisions Of the state law. actions
for Damages to the person, brought OF
continued after the death OF the party
injured. must be main tanned in the
name Of the personal representative
IO.NNtI, ACne administrator OIL tnse De
ceased The opinion on this point is Q.
great length and is5to the effect that In.
asmuoh as the tribal Indians are no
under the jurisdiction of the state, TIL,
courts of the state have no authority
to appoint adnAnietrators Of the estate:
Of tribal Indians, it is clear under ths
express terms of the code that th'
court may allow the action to be con
tlnued in the names of the successors
in interest OF the deceased. Conflnint
the question solely to the construction
to be given to the language of the code
II must be held that ii is within tn,
power of the court to allow the actor
TO be continued in the name of III,
heirs. as the Successors in interest I,
the original plaintiff In cases wherein
the appointment of an administrato
can not be had.
The motion of defendants to strik
from the fles the application for sub
stitution is therefore overruled ant
leave granted, TO substitute as plaintiff
the persons who under the custom o
the Indian tribe have become success
sors an interest In the property of tn
original plaintiff.
1t is probable that both cases will b
tried at the next term of the fedora
court in this city.
TRIED TO KILL HIMSELF.
italian Passenger ON C. q NJ. w. AT