Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1901-06-13

no jurisdiction to punish This was alsc
Tue case In re Mayneid, Iii L. s., lol
where the supreme court held that a mem
Der OF tue Cherokee nation committing
| aduiiefy With al unmarried woman with!a
| the ilhiIts OF It's territory, Is ainenable
phiy 10 the courts Of the Indian nation. III
this last case the defendant was tried and
convicted IN the United States district
court Tor the western district of Arkansas
! aaH sen epfttf4 20 the betrait J. GEe ~ los
| reet.on tor three years. He was taken
rom cohiinciatnr on hditas tUr'pus Tf7rI sat
! AZ liberty on the ground tnat che C-Ref0ke1
| SAXON only had jurisdiction, although IL
| vas altogether probable that by the II-
| dian Jaw as by the common law adultery
was NOT a criminal ouensc. This case has
| No decisive hearing on the question In The
| case al bar, because the prosecution WAS
/ IN the United States court, aad no claim
| OF jurisdiction was made under state laws
| II Is only significant In holding that the
| defendant was aincnabie only TO the court )
| OF the Indian nation without any sug-
| gestlon OF state authority over the subject
! The true and unilnpeachablo ground OF
these lands were reserved for the several
| reservations afterwards formed ana set
| apart Tor the Indians IN northern Mistou-
| stu, By artclc ii ~ the treaty IL was stip-
| uiated that such Indians as then resided
IN inc territory coded should have the
right To hunt and fish therein until otheg.
| WISE ordered by the president The chin.
| pewa Indians have occupied these lcscry a.
lions under the superintcndence and tn.
tclage of The nited States ever since The
government appoints an Indian agent and
sub agents who have control ana superli.
sion OF all the reservations la the state
ana Il government farmer for each reser-
Walton with police powers aud WHO resides
upon the reservation indian schools ars cs-
, taolisheu ana maintained by the govern.
mcnt. Ailotmcnts OF land are allowed to
the indians ana annuitlcs, aud a general
care and superint Evidence is given hy the
United states. Many other provisions OF
the criminal laws of the United States are
made applicable by congress to the gov
crnment OF the Indians on these rcsciya-
tons. II Is made It criminal olfensc pun
ishable by fine and imprisonment TO sell or
give intoxicating liquor to indians or to
take them into the Indian country, or to
set up a uistillery thereon Sec 2it2 L. 5.
REVISED statutes, provides that every
white person who shah make an assault
upon an Indian or other person, and every
Indian who shall make an assault upon n
white person, within the Indian country
With gun, ric sword. knife, or any other
ueadiy weapon. with intent to kill or MAIN
the person so assaulted, shall he punisha-
bic 10y imprisonment at hard labor, for not
more than four years, nor less than one
year. Sec. 2li5 provides that every white
person who shall set fire. or attempt TO
set fire. to any house, clubhouse. cabin, sta
bic, or other building, In the Indian coun-
try, To whomsocvcr belonging; and every
Indian who shall set fire 10 any house, out
mouse, cabin, stable, OF other building, In
the Indian country, In whole or In part be-
white person, aud whether the same be
consumed or not, shall be punishable by
Imprisonment at hard labor for not more
than twenty years, nor less than two years.
See. Els provides that: Except as to
crimes the punishment of which is cX-
prcssly proriucd for IN this title, the gen
eral laws Of the United States as to the
punishment of crimes committed in any
place within the sole and exclusive juris
diction of the United States, except the
District of Columbia, shall extend to the
Indian country. See 2l47 provides that:
The superintendent of Indian Affairs and
the Indian agents and sub-agenis shalt
have authority To remove from the Indian
country all persons found therein contrary
TO law. and the president Is authorized
to direct the military force 10 be employed
IN such removal. Section 2li9 provides
that: The commissioner or Indian affairs
Is authorized and required, with the ap
proval Of the secretary OF the interior, TO
remove from any tribal reservation any
person being therein without authority Of
law, or whose presence within the limits
of the reservation may, in the Judgment Of
the commissioner, he detrimental to tho
peace ana welfare of the Indians. Various
other provisions are made FOR the punish
inent of crime both by Indiins and white
persons upon the reservation
1T viii be thus seen that "A nplc provision
has been made by congress aud by the de.
pariments for policing these reservations
1t Is quite evident thar congress has made
all the provision II deemed necessary for
t..e proper government and control of the
Indians. No doubt. If necessary, congress
would provide for the punishment of lesser
crimes committed ny the indians. But so
far Win the superintendent that Is guar
anteed, IL has not been found necessary.
indeed, these Indians ne n quiet peace
able people and all tie trouble and in
fractions of the peace that have come
among them bave arisen from the inerccn-
AIRY acts of white men In selling them In.
toxicating drink In violation of law CON
grrSs might even provide fish aud game