The Tomahawk., 1903-06-11
COURT or INa|Ah .QFFENSES'
They are Nota Branch Of the Judiciary
eot the ulited States.

~
held that THE Courts zof Indian
Offenses'' are mot the constitu-
tional courts provided for in sec
tion I, article 3, of the CoHstitu-
tion, ,;brtt are merely educational
and disciplinary instrumentalities
by which the .Government is en-
deavoring tosimprove and elevate
thesconditioneof these:trihes.'
This acknowledgements 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
No.one recognizes the necessity Of
some system of discipline among
the Indians more than :the IONA
HAWK, but, thessagency Through,
mhidh:.this,Aiseipline should he en-.
forced nust be 'such'as will be up
held Ikylthe ilaws. 1t is a travesty,
for the reservation courts to at
tempt to ,eNereise the functions of
legally established courts while'
they have no standing under any,
authority OF Flaw. We are in needl
of the enactAent of such laws as
will enable the fndian court to,
enforce its DEGREES and preserve,
law and order. The government
has destroyed our tribal laws andl
has mot replaced them with any
rational code @f llaMs. We are
NOW eovemed 10y a lot ofs,depart-
rnental raales which are, in ma
jority Of cases, not lawful and al
ways open to question. Although
We are now. citizens we are prac-l
tically placed outside of the pale
of state laws, and we have no,
other recognized laws to regulate
us except. '.the right OF might
which is seldom justi&able and al-,
ways wrong. What we reed at
the present time is code of laws
which can be enforced by the
authorities without Violating the
rights to which every person is
entitled, and under which these
rights will be protected. II our
citizenship.doessnot give the State
courts of Minnesota Jurisdiction
over dis. we should appeal to Con-
gress to PASS . code Of laws to
regulate Indian reservations
In 1883, Senator Morgan intYv-
duced 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
cases 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 yexatious questions
that are constantly arising could
have been settled definately; 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
u..1o &,,-o o.,f hnrIfy