Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-01-31
ionS.
A DAKOTA TALE.
Refined Lady of Indian Ancestry Sues
for Rights of Mixed BIoods in United

for Rights Of Mixed BIoods in United
States Court.
Sioux Falls, S. D., Jan. 26.-Owing
to the prominence of the plaintiff and
the important questions involved the
suit just instituted in the United States
court in this city by Mrs. Jane E. Wal
dron. of Fort Pierre, to restrain United
States Indian Agent Hatch, of Chey-
enne River agency, and Black Toma-
hawk, full blood Sioux, from remov-
ing her from n disputed tract of val
u1ole land adjoining the Fort Pierre
town site will be watched with I'M
usual interest. The status of all mixed
blood Indians in South Dakota, as else
where in the United States, is to be
determined by the suit.
1t is the resumption of struggle
for undisputed possession of the land
which commenced nearly twelve years
ago, and has become one of the mosS
Ecelebratcd contests of the kind in the
history of the country.
Mrs. Waldron, who is u mixed blood
Indian woman, is we'll known thruout
the state. She was recently reap
pointed by Governor Herald as 81
member of the womans board Of in
vestigation of charitable institutions
of the state, and enjoys the distinction
of being the first woman with Indian
blood in her veins who has been thus
honored by governor of South Da-
kota. She received her first appoint
ment to the woman's board of investi-
cation at the hands of Governor Lee.
and Governor Herald found her so
capable that he reappointed her, re-
CARELESS of party affiliations.
The history of the long struggle for
the tract at Fort Pierre is an inter
esting one. In the month of February
1889, prior to the passage by congress
of the act under which 100000 acres
of the Sioux reservation lying between
the Missouri river and the Black Hills,
We're opened to white settlement, Mrs
Waldron laid claim to 320-acre tract
of land adjacent to the town of Fort
Pierre. She claimed the land by viz
tue of her Indian right. and in accord
ance with the terms of government
treaties with her people.
During that summer she had
house built on the land. and was living
there at the time the Sioux commits
was chairman, visited the Cheyenne
River agency for the purpose of Sc
curing Indian signatures to the treaty,
which provided for the opening of the
100000 acres to settlement.
Mrs. Waidron had been an actual
resident on the land for period of
six months when Pierre attorney
took advantage of her temporary alb
sence on visit in the east and went
upon the land. He purchased lumber
and engaged carpenters to construct
little shanty on the claim. He In
duced the Indian, Black Tomahawk. to
abandon a good claim on Bad river
where he had a good house and had
been assisted in many ways by the
United States Indian agent-and To-
cate on Mrs. Waldron land.
This was early in January, 1880,
nearly a year after Mrs. Waldron had
laid claim and perfected settlement,
and at the time when the presidents
opening 100000 acres
of the Sioux reservation to settlement
was hourly expected. 1t is asserted
that the original scheme adopted to
defraud Mrs. Waldron was to let Tom
ahawk vacate Immediately after the
should be issued, when
it was proposed that party of town
site spectators should take posses
sion of the coveted tract.
But, unfortunately for the plans OF
the town site people, Mrs. Waldron re-
turned month prior to the issuance
of the proclamation, and the speculat-
ors were compelled to devise new
means of dispossessing her of the land.
Then began the litigation for possess
sion of the tract. Investigations were
conducted by Col. Loundsberry, land
who at that time was
stationed at Pierre.
He is credited with having handled
the matter ably and impartially. but
the town site men, who We're not sat
isfied with his decision against them.
began flooding the Indian
bureau at Washington with protests.
Finally Mrs. Waldron was forced to
secure counsel, which she did in the
Washington.
SO strong case did he present that
the secretary of the interior was
obliged to concede to Mrs. Waldron all
the rights of priority and strict COM
pliance with law, but the opposing at
torney raised the question as to
whether she had any Indian rights at
all, quoting the common law of civil
lied nation that the condition of the
child followed the condition of the
father.
The secretary decided favorably to
Black Tomahawk upon this point, al
tho such decision was in direct con-
tradiction of all precedents established