The Minneapolis journal., 1902-07-15
STATUS OF MIXED BLOODs
RIack Tomahawk and Mrs. Waldron
Case VIII Settle It

SIOUX FALLS, S. D.-The now famous
suit of Mrs. Jane E. Waldron vs. the United
States, Black Tomahawk and Ira A. Hatch
Indian agent at Cheyenne River, which in
wolves the ownership of 32240 acres Of val
tuable land adjoining the town of Fort Pierre.
Is again occupying the attention of the
United States court in this city
The latest development is the filing of an
answer by the government to the bill Of
complaint of Mrs. Waldron. The suit Is i'm
portant for the reason that it will determine
the status of all mixed blood Indians, not
only in South Dakota, but elsewhere. There
are no less than thirty similar suits pending
In Nebraska awaiting the outcome Of the
Waldren case, which will, doubtless yet reach
the United States circuit court of appeals
or the supreme court of the United States.
Mrs. Waldron,. who is hree-fourths white
and one-fourth ,,Santees Indian, and Black
Tomnhawk, who is a full blood Sioux Indian,
are opposing claimants for the land Because
I he was of full-blood, Black TomahaWk Won
out before the interior department, and was
some months ago given patent for the dis
puted tract which, since 1889. has been stead
lily occupied by Mrs. Waldron.
Upon receiving his government deed to the
land, Black .Tomahawk called upon Indian
Agent Hatch to remove Mrs. Waldron from
the land. She then instituted the present suit
for the purpose of restraining the Indian
agent and Black Tomahawk from removing
her and, if possible. establishing her right
to the tract. E3E:.1. 49, Il r.-. =
The case was argued before Judge Car
land of the United States court IN this city
recently After consideration he decided in
favor of Mrs. Waldron, 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, it is not ma
terial whether the party is. of full or mlxeo
/ blood: T. r,. .&A.'p.' -. 4 ~e..4@ = 4
In its answer to her complaint the govern.
ment alleges that she was born at Vermll!lon
S: D., in the year, 1861, and not within an!
| Indian reservation, or within the - lndla1
country. and never sllyeo N the indian Gun
T try or claimed membership in any tribe o
| Sioux Indians in Dakota until after sh'
| reached mature years in 1884,. that she is
| daughter of Arthur c. VanMeter, Whit
man Of full blood and citizen of the United
! States, and Of a half-blood Indian woman o
/ the Santee Indians, her father and mothe
having been duly married at Vermillion.
! It is alleged thatathe parents of the plain
! tiff lived in all things as other citizens o
i the United States; that the mother at n
] time had or claimed membership in any tr1b
| of the Sioux Indians Of Dakota; that he
! name was not carried upon! the rolls Of an
| Indian agency. r7.&t.~. - rr.~s - 2.
The government contends that Mrs. Wal
dron is not an Indian, but white woman
born in civilization; that she is the wife
a citizen, white, of the United States, mar
ried to, living WITH and being supported b
him; that she herself is a citizen and tn
l daughter Of a citizen. ..-.-.-.
4 It Is further contended that the land de
: partment, having granted Black Tomahawk
| patent after careful investigation OF TN
i case and there being no allegations of fraue
mistake, or imposition in any manner OF,
all in the bill of complaint, the United State
l court is without Jurisdiction, as such actio
/ by the land department is a bar to the grant
ing of the relief demanded by the complain
i ant, Mrs. Waldron. !-n4> 1..:~s1