The Tomahawk., 1903-06-11
COURT OF |N0|Ah .QFFENSES'
They are Not a Branch Of the Judiciary
oof the UDited States.

HC .Alll1UNlt AOOVCo CoAtA AANS ~
held that '4The Courts 5of Indian
Offenses'' are mot the constitu!
tional courts provided for in sec7
ton !, article 3, of the .Constitu-
tion, ;but are merely educational
and disciplinary instrumentalities
by which the Government is en-
deavoring to improve and elevate,
the conditioned these:trihes.'
This acknowledgement by the,
courts that the Indian courts are
merely educational and disciplin-'
ary instrumentalities" makes it
apparent that none Of the decrees
of the Indian court on this feser-..
walton can be enforced, and that
they have in fact no legal status.
Notene recognizes the necessity OF
some system ,of discipline among
the Indians more than the IONA
HAWK, but thessngenry through,
whidh.tiB.aBeipline should he en-
forced nft,st be such'as Will be up
ltuld Ihy,the laws. It is a travesty,
for the reservation courts to at
tempt ito ;eNeroise the functions of
legality established courts while
they have NO standing under any,
authority dfflaw. We are in need
of the 4nactment of such laws as
will enable the 'tnelian court to-
enforce it's DEGREES and preservei
law and order. The government
has destroyed our tribal laws andl
has mot replaced: them with any
rational cgAe ,of laws. We are
NOW governed by hot of.'depart-.
1nemtal rules which are, in ma
jjority Of cases, not lawful and al
ways open tosquestion. Although
we are now citizens we are prac.!!
tically placed outside of the pale
of state laws, and we have no,
etlrer recognized laws to regulate
aas except. ','the right OF might
which is seldom. justi&sble and adj
ways wrong. What we 1reed at
the present time is a code of laws
which can be enforced 10y the
authorities without Violating the
rights to which every person Isl
entiaed, and under which these
rights will be protected. II OUR
citizenship .aoessnot give the State
courts of Minnesota Jurisdiction
over !es we should appeal to Con-
gress to pass = code of laws to
regulate Indian reservations
In 1883, Senator Morgan intso=
duccd a bill in the United States
senate, which provided that the
Judges of Indian courts be en-
powered to exercise the. functions
of magistrates and to permit
them to commit for trial or admit
to bail persons,accused Of crimes,
and to have the power to try mis-.
demeanors and impose fines and
iail sentences in this class of cases,
to have civil jurisdiction over all
suits growing out of contracts on
Indian reservations, express or
implied, and for the recovery Of
personal property, where the sum
in controversy would. not exceed
five hundred dollars.
It was also provided that in all
eases the parties to a suit, or
against whom criminal proceeds
ings were commenced, would be
entitled to jury trial.
Had this bill passed Congress
many of the vexatious questions
that are constantly arising could
have been settled defnately; the
violations of law punished, and the
reinstatement of order upon this
reservation could have been Sc
cured without resort to arbitrary
and unlawful commitments.
Reservation public sentiment is
in favor of preserving law and
order, but this can be obtained
only through laws passed by the
nroper legislative authority.