Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1901-06-13

no decisive bearing on the question in the
case TT bar, because the prosecution was
III Inc United States courl. anu no clam. |
Oh jurisdiction was made under state laws
II as onIy slgnlncanu IN nolGing that the |
deIenuaht Was anlenapie onIy to the courts |
OF tue Inulan nation without any sue |
sestlon OF state autnorICy over the subjecl.
he true ana uhlmpeachable ground of
these lands were reserved for the several
reservations afterwards formed ana set
apart Tor the InoIans northern MlScuA-
sin by Article ii OF the treaty II was sIip-
ualeu lhat such InulanS as then resided
III the territory ceueu should nave the
flsht To hunt and fish therein until other
wise ordered 10y the president. The ChIp-
peWa Indians have occupied these reSerya-
lions Under The superintendent ana tu-
Jeiage OF the United States ever since The
government appoints Indian agent ana
sup-asents VINO nave control ana superyi
sion OF all the reservations in the state
anu government farmer for each reser-
walton with police powers and who resides
upon the reservation. Indian schools are es-
tabhshed and maintained by the govern
ment- AIlotmentS Of land are allowed to
the Indians and annuitles, and Il general
care ana superintendent is given py 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-
IONS. 1t is made criminal offense pun
lshable by tine and Imprisonment to sell or
SiNS iAlOAlNdliuS lIluOt " OF 10
lake them into the Indian country, or to
set up Il ulstillery thereon. Sec. 2l42, U. 5.
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. 2l45 provides that every white
person who shall set fire, or attempt to
set fire, 10 any house, Clubhouse cabin, sta
bic, 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 i'll lawful possession of a
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-
diction of the United States, except the
District of Columbia, shall extend to the
Indian country. Sec. 2147 provides that
The superintendent of Indian affairs and
the Indian agents and sub-agents shall
have authority 20 remove from the Indian
country dll PERSONS lOuuu therein contrary
to law; and the president is authorized
to direct the military force to be employ ed
III such removal Section flag provides
that: The commissioner OF Indian affairs
is authorized and required, with the APP
prevail of the secretary of the interior, tc
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 whit,
persons upon the reservation.
1t will b. thus seen that ample provision
has been made by congress and by the de
partments for policing these reservations
1t is quite evident that congress mas made
all the provision it deemed necessary fol
LIE proper government and control of the
Indians. No doubt, if necessary, congress
would provide for the punishment of lesser
crimes committed by the Indians But sc
Iaf WIN the superintendent that is guar
anteed, it has not been found necessary
Indeed, these Indians 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 i'll selling them in
toXicating drink in violation of law. Con
greSS might even provide fish and game
laws to restrict me 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 crimina
codes and police power over these people
1t would be an invitation to early con
| hict of jurisdicr.On. As was held in the
Campbell case. supra, decided by The SUI
preme court of Minnesota: For the state
to be allowed to supplement this by max
ing every act a crime On their part which
would be such if committed by a member
OF our more highly civilized society, would
be not only Inappropriate but also prac
tlcallE TO arrOglte the Guardianship
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 STIMULATING that
they should always have the right to fish
and hunt upon all the lands ceded, it
would be adding insult as Wen as injus-
t1ce now to deprive them of the poor privi-
lege OF fishing with a seine for suckers in
little red marshwater stream upon their
own reservation. 1t is well known that these
hsh can not be taken with hook and line,
but only by spears and nets. They are a
hsh that white men will hardly ever eat,
though it is matter of common knOwl-
edge that Indians prize them quite as
mighty 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 lux
ury. to deprive him of which would be I'M
grateful in the extreme. / feel confident
that neither the state nor congress ever
med1tated 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
Justifable in law.
The prisoner will he released
There is a possibility that the state
may appeal the case and carry it to
the United States supreme court for
final judgment.