Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1901-06-17

| Der of the Cherokee nation committing
| adultery with unmarried woman within
| the limits Of its territory, is amenabIe
| 0uIy to the courts Of the Indian nation In
| Lns last case the defendant was tried anu
| convicted in the United States district
| court for the western district OF Arkansas
anu sentenced to the Detroit house OF cor.
rection for three years. He was taken
| from confinement on habeas corpus ana set
| at liberty on the ground that the Cherokee
AitLlon only had jurisdiction although it
| vas altogether probable that by the IN
| aian law as by the common law adultery
was not a criminal OffenSe. This case mas
no decisive bearing on the question in the
| case at bar, because the prosecution was
III the United States court, and no claim
| OF jurisdiction was made under staIe laws.
| 1t is only significant in holding that the
| defendant was amenable only TO the courts
| of the indian nation without any sug
| gestion of state authority over the subject.
| The true and unimpeachable ground of
| these lands were reserved for the several
reservations afterwards formed and set
apart for the Indians in northern WiScOn-
| SIN. By arrlcle III Of the treaty it was stip-
ulated that such indians as then resided
| i'll the territory coded should have the
| right to hunt and fish therein until othes
wise ordered by the president. The Chip
peWa Indians have occupied these reSerYa-
| lions under the superintendent and tu-
teiage of the United States ever since The
government appoints an Indian agent, and
| sub-agentS Who have control ana superyi
sion OF all the reservations in the state,
walton with police powers and who resides
upon the reservation. Indian schools are eS-
! IauliSheu and maintained by the govern
ment. AllOtmentS of land are allowed to
| the Indians and annuities, and a general
care and Superintendence is given by the
| United States. Many other provisions of
the criminal laws of the United States are
made applicable by congress to the gov
eminent of the Indians on these reserVa
tons. 1t is made a criminal offense pun
| ishable by fine and imprisonment to sell OF
give Intoxicating liquor to indians or to
take them into the Indian country, or to
set up uiStillery thereon. Sec. l42, Y. s.
Revised Statutes, provides that every
white person who shall make an assault
upon an Indian or other person, and every
Indian who shall make an assault upon a
white person, within the Indian country
with gun, rifle, sword, knife, or any other
deadly weapon, with intent to kill or MAIN
the person so assaulted, shall be punisha
| bic by Imprisonment at hard labor, for not
more than four years, nor less than one
year. Sec. 2l4S provides that every white
| person who shall set fire, or attempt to
| set fire, to any house, clubhouse, cabin, sta
| ble or other building, In the Indian coun
| try, to WhOmsoever belonging; and every
| Indian who shall set fire TO any house, out
mouse, cabin, stable, or other building, in
the Indian country, in whole or in part be-
| longing to or in lawful possession of
white person, and 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.
| Sec. 2145 provides that: Except as to
crimes the punishment Of which is eX-
pressly provided 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
| uiction of the United States, except the
District of Columbia, shall extend to the
! Indian country. Sec. 2l47 provides that:
| The superintendent Of Indian affairs and
| the Indian agents and sub-agents shall
| have authority co remove from the Indian
country all persons found therein contrary
| to law; and the president is authorized
| to direct the military force to be employed
that: The commissioner OF Indian affairs
| is authorized and required, with the ap
| prevail 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 be detrimental to the
| peace and welfare of the Indians Various
| other provisions are made for the punish
ment of crime both by Indians and white
| persons upon the reservation
| 1t will be thus seen that ample provision
| has been made by congress and by the de-
partmentS for policing these reservations.
it is quite evident that congress has made
all the provision it deemed necessary for
tie proper government and control of the
Indians. No doubt, it necessary, congress
would provide for the punishment of lesser
crimes committed by the Indians. But so
| far with the superintendent that is guar
anteed, it has not been found necessary
Indeed, these Indians are quiet peace
able people, and all the trouble and in
fractions of the peace that have come
among them have arisen from the mercen-
airy acts of white men in selling them in
toxicating drink in violation of law. Con-
gresS might even provide fish and game
| laws to restrict Inc Indians in their nat
ural and immemorial rights of fishing and
hunting. But it has not seen fit to do So
1t would be intolerable if the state under
those circumstances should have the power
to step in and extend it's civil and criminal
codes and police power over these people,
1t would be an invitation to an early con-
fiict of jurisdiction. AS was held in the
Campbell case, supra, decided by Inc SUI
preme court of Minnesota: FOR the state
to be allowed to supplement this by max
ing every act crime on their part, which
would be such if committed by member
of our more highly civilized society, would
be not only inappropriate, but also prac-
tically to arrogate the guardianship over
these Indians which is exclusively vested
in the general government. Moreover, it is
evident that the state never intended to
attempt to extend it's criminal laws over
tribal Indians under the care of the gen
eral government for acts committed within
reservations.
After taking from them the great body
| of their lands in Minnesota and Wiscon
sin, allowing them to reserve certain pOr-
| lions for reservations and stipulating that
| they should always have the right to fish
| and hunt upon all the lands so coded. it
would be adding insult as Wen as lnjus
| tice now to deprive them of the poor privi
| lege of fishing with a seine for suckers in
| a little red marsh-water stream upon their
own reservation. 1t is well known that these
| fish can not be taken with hook and line
but only by spears and nets. They are a
| fish that white men will hardly ever eat,
though it is a matter of common knowl-
edge that Indians prize them quite as
highly as brook trout. These lands have
from long time been their hunting and fish
ing ground. When an Indian can not get
a morsel of pork and white flour, a red
horse or sucker from some stream where
brook trout would never abide, boiled or
roasted by camp fire, is sometimes g. lux
ury to deprive him of which would be I'M
grateful in the extreme. | feel confident
that neither the state nor congress ever
meditated any such cruelty, and that the
prisoners arrest was the result of over
zeal on the part of a fish and game war.
den, which may be excusabIe, but is not
justifiable in law.
The prisoner will be released.
There is a possibility that the state
may appeal the case and carry it to
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