Omaha daily bee., 1902-07-16
REPLIES TO MRS. WALDRON
Government Files Answer to Petition to
Restrain Indian Agent Hatch.
WILL DETERMINE STATUS or nR-BLooOs
Suit to Prevent omcial from Ousting
Woman from Land Decided by In
terror Department 20 Black
TomahawN.

TOmahawk.
----
SIOUX FALLS, s. D., July 15s-(speclal1
James d. Elliott, United States attorney
for South Dakota, and W. G.. Porter, assist
ant attorney. have filed in the. ONCE of
Clerk Pendar of the federal court IN this
city. their answer TO the bill of complaint
In the suit Of Mrs. Jane n. waldron against
the United States Black Tomahawk and fra
A. Hatch. United ,,states Indian agent at
Cheyenne river. agency. which involves the
ownership Of 322,40- acres OF valuable land
adjacent to the town OF Fort Pierre.
The suit Is important for the reason that
1t Will determine the status Of all mixed
blood Indians, not only in South Dakota, but
elsewhere in the United States. Al the
present time no less than thirty similar suits
are pending In Nebraska awaiting the out
come OF the Waldron case. which will doubt
less yet reach the federal circuit court Of
appeals or the United States supreme court.
Mrs. Waldron is a woman Of three-fourths
white and one-fourth SaRtee Indian blood.
She and Black Tomahawk, a full-blood
Sioux Indian, are opposing claimants for
the land. The contest between them has
been In progress for more than twelve
years. Black Tomahawk. owing solely to
being of full Indian blood, won out before
the Interior department and was some
months ago given a patent for the disputed
tract, which Mrs. waldron has steadily oc-
cupied since 1889
Would Restrain Indian Agent.
He then called upon Indian Agent Hatch
to remove Mrs. Waldron from the land.
and she In turn instituted, the present suit
Tor the purpose Of restraining the Indian
| QQanf aud nIaaIr -
her from the land, and, IL possible, estab-
fishing her right to the tract.
Judge Garland Of the United States court
IN this city recently decided in her favor,
holding In substance that where a claimant
Is recognized by the agency authorities as
on equal footing with other Indians, and
maintains tribal relations, as in the case
OF Mrs. Waldron. 1t is not material whether
the party is Of full or mixed blood.
In it's answer to her complaint, the gov
eminent alleges that she was born az YER
million, S. D., In the year 1861, and not With
In any Indian reservation, or within the
Indian country, and never lfved In the In.
dian country or claimed a MEMBERSHIPS in
any tribe of Sioux Indians IN Dakota until
after she reached mature years In 1854; that
the plaintiff is a daughter OF Arthur c. Van
Meter, a white man Of full blood and a
citizen Of the United States, and Of q half
blood indian woman Of the Santee Indians.
her father and mother having been duly
married at Vermilion. s'&~~1 s,st - -
AIIese Parents Not Sioux.
1t is alleged tina at the time of the mar
riage OF the father Of the plaintiff and her
mother they were neither of them members
OF the Sioux nation of Indians In South
Dakota, then territory OF Dakota, nor of
any tribe or band thereof within said state:
that the Indian ancesters Of the mother OF
plaintiff were Santee Indians, and at that
time and for a long time prior thereto and
ever since have been members of the San.
tee Indian tribe of the state of Nebraska
and located upon the reservation within
that state. II is alleged that they have
claimed rights tupaer various Treaties en-
tered into withEhs santee Indians as far
back as 1880. - ~. -,
The government In its answer sets forth
that Immediately, upon the marriage, of the
plaintiffs father and mother in 1853 the
mother OF the plaintif. went, to live with
her husband, the father Of the plaintiff, at
Vermilion, outside of the Indian country,
and not within or near any Indian reserya-
tion, and abandoned any, relation with the
santee Indians with whom her ancestors
mad lived prior TO her marriage. 80
As Citizens Of United states.
1t is alleged that the parents of the
plaintin lived in all things as other citi-
zens of the United States; that the mother
of plaintiff at no time after her marriage
and before plaintiff became OF age
had or claimed membership in any tribe OF
the Sioux Indians of Dakota; that her
name was not carried upon the rolls OF any
Indian agency within any of the reserva.
tions Of the Sioux nation OF Indians within
the territory of Dakota, and neither the
mother and father OF the plalntin, or the
plaintiff herself, have ever since that time
made application to the chief Of any tribe
of said Indians to be admitted and adopted
into such tribe of Sioux Indians, nor has
either Of them ever been. by the head chief
or by a council Of the leading men Of any
tribe OF Sioux Indians, with the consent OF
the chiefs Of the tribe, declared a member
of such tribe. nor has either of them ever
been regularly Incorporated into any tribe
OF the Sioux nation OF Indians In the state
Of South Dakota or in any manner made
members thereof. 81 "a 80.
Contends woman IL Citiseh. =
The government, after. ppintinx ,ant that
Mrs. Wsldrpn was, sducateA IN the schOpis
Of the whites, etc, contends that she is
not an Indian but a white Woman born in
civilization; that she is the wife OF a .rlti>
zen, white, Of the United States, married
to, living with and being supported by
him; that she herself is q citizen and, tho
daughter of q citizen. 3.
1t is further commended that the land de-
partment having granted Black Tomahawk
a patent after q careful, investigation OF
the case, and there being no allegations Of
fraud, mistake or imposition in any man
ner or at all in the bill Of complaint, the
United States court In this city is without
Jurisdiction. as such action by the land
department is a bar to the granting OF the
relief demanded by the complainant, Mrs.
Waldron. s.
The answer states that the United States
court Is wholly without authority to hear
and determine any Of the facts involved in
the suit. in any manner, or at all. ,