Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-01-02
The RIGHTS OF INDIANS.
Intricate Law Points Involved in
the Cases Begun in Fed
eral Court.
Suits Likely to Result in Lesis-
lation Giving the Agents
More Authority.
Ruling OF the Court Awaited With
. Great Deal Of
Interest.

q OAC0s DC01 VI
Interest.
Special to Times-R Republican.
CeGar Rapids, Jan. 2.-The rulings of
the federal court in the Indian cases,
Of which announcement of petitions
having been filed Were made in these
dispatches yesterday, will be watched
with great deal of Interest. A num-
Der of very intricate Jaw points are in
volved in the several cases commenced
by different members of the Sac and
Fox Indians in Tana counly against
government officials.
1t is generally believed, however. that
these suits will have but one general
result, the passage of remedial lsgisia-
ton by congress in conformity with the
decisions of the federal court as to the
respective rights of the government
employees and the Indians, and in order
to give the agents the necessary au-s
thority for their government
In the true sense of the word tbs. nab
itation of the Sac Fox Indians in Taina
county is not q reservation. aithosit has
always been treated as such by the
government. A number of years ago
of land in the state of Kansas as a res
ervation for this tribe OF Indians and
transported all TO that place. The new
home was not a pleasing one to many
members of the tribe and they eontin-
Iowa in small groups until at last there
We're considerable number Of them
here Those who left the Kansas home
decided to remain in Iowa and taking
the tribal moneys. etc. purchased a
l5tracto land in lama county The title
of the land was in the name of the gov
lernor OF the state, who held ii in trust
for the members of the tribe. From
time to time the Indians have MADE adj
lsditional purchases of lands until now
| they have several housand acres of the
choicest land in the state of Iowa.
| This land has never been owned by the
government, but at all times has been
the property of the Sac and Fox tribes
of Indians
Some twelve or fifteen years ago arr
arrangements We're completed between
the state of Iowa and the United
States government, with the consent of
the Indians themselves. whereby the
Indians on the Tana county lands
passed directly under the control ofthe
government and in all respects 1t be-
came a reservation. An Indian agent
was appointed who exercised the same
authority over them as did Indian
agents on other reservations in the
country In the treaty between the
state of Iowa and the government, or
rather in the agreement, for such Ii
Was. it was provided that nothing con-
| tanned. in the agreement should release
the members Of the Soc and Fox tribe
from being amenable to the criminal
laws Of the state.
4 In the government of he Indians the
| Indian agents and the superintendent
of the schools. both the present officials
land their predecessors. have gone on
| the theory that in many cases 1t was
| necessary to go into the state courts
and receive letters of guardianship. In
this position they have been upheld by
the interior department All their acts
have been reported to the Indian COM
missioner and by him approved AS a
matter of fact they have acted under
| Instructions from the interior depart
mentin the administration of their Of
| fees. All the present troubles had
their origin in the efforts of the Indian
Iagent and superintendent of the schools
| TO compel the young Indians to attend
school. In one instance in particular a
young girl, who had been married. de-
sired to leave school. When this was
II. y.
members of the tribe and carried
away. In the meantime the Indian
sagent had made application in the
Tana county court and was appointed
| guardian OF this girl. and acting as
euch guardian. compelled the girl to re-
turn to school and remain there.
| Judge Shiras, of the federal court, in
| his rulings so far has held against the
interior department.. He has held that
i the state courts have no jurisdiction
over the Indians and that the agent in
| control of the Indians must receive all
1 his authority as Indian agent and that
/ he can secure no additional authority
| by receiving letters of guardianship
! from the state courts. He holds that
they are wards of the government, not
4 citizens of the state, and that in their
/ government certain regard must he had
for their tribal laws and customs. in
conformity with tbs treaties between
| the government and the Indians Just
1 how far the members of the tribe are
amenable to the criminal laws of the
Estate. in accordance with the ;sgree-
ment between the government and the
state of Iowa Judge Shiras has not yet
decided.
1 These several suits in the federal
court will result in an interpreta ton of
| the Laws with relation to the govern
meslt of these Indians and possibly of
remedial legislation by congress in or
der to confer upon the Indian agent the
requisite authority in the government
of the Indians. 1t is stated that the Of
ficials over these Indians have at all
times acted in good faith and that the
mistakes. IL any, have been merely
technical.
Death of Waiter Goebel.
Special to Times -Republican.
4 Clifford, Jan. Mrs. w. O. Goebel,
formerly Mics Lulu Burch, OF Clifford
is expected to return to this city soon
from Chicago. Her many friends will
! be sorry to hear the sad news OF the