Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-05-26
Interesting Question Affecting
the Rights Of the Tama
Indians Comes Up
IN JUDGE BuRNHAM's COURT
Riaht of an Indian Living In Tribal
Relation to Employ the Machinery OF
the State Courts Is Questioned-'n-
dian Property Interests are Largely
Involved.
Special to Times-Republican.

snecial to Times-Republican.
Vinton, May 26.-Judge Bufhhahl' u
this judicial district has pending De-
fore him O. case which is attracting
wide attention and involves the status
of the Sac and Fox Indians on Wha'
is called the Tama reservation.
In view of the many treaties between
them and the federal government ana
the relation of the state OF Iowa py
reason of legislative acts, a number OF
questions arise. Those involved In the
issues now being tried before Judge
Burnham are: First, whether or not
tribal Indian has the legal capacity to
sue in his own right; second, has the
court of Iowa jurisdiction in an action
brought by an Indian.
The Chicago and Northwestern Rail-
way crosses the reservation and IL is
alleged recently by one of it's trains
killed a pony belonging to one OF the
tribe, and he has commenced suit to
recover the value of the pony from the
railway company.
1t is contended that inasmuch as
these Indians have an elective chief,
and an elective council which Assem-
bles at regular periods, a complete rec
ORD of the proceedings of these stated
councils carefully preserved by the
Indians, laws or rules adopted by them
by which offenses are punished differ
ences adjusted. customs regulated, and
general oversight held over the reser-
walton makes them separate tho
dependent nation, and so long as the
federal government recognizes their
national character they are under the
laws and treaties of congress and their
property withdrawn from the operation
of state laws.
1t is conceded that the Indian lived
in tribal relation on the lands in Tama
county, which land is owned by the
Indians in common. and held in trust
for them by the governor of Iowa. and
his successors. The pony in question
was the individual property Of the In
dian who sued and it is alleged it was
killed on the reservation.
The general situation of the Sac and
Fox Indians in Tama county as APP
pears from treaties and statutes of the
FEDERAL government and state of Iowa
is as follows:
This tribe occupies portions of the
Mississippi valley and the first treaty
with tI-m was made November 8,
1904, and was negotiated with William
Henry Harrison, governor of Indian
nd n iesf, nt Of lei nd
the "chiefs and head men of the
united Sac and Fox tribes" The
first article of this treaty provided,
'"The United States receives the united
Sac and Fox tribes into their friend
ship and protection and the said tribes
agree to consider themselves under the
protection of the United States and no
other power"
Many other treaties were had before
the treaty of October, 1912, by the
terms of which the federal government
obtained from these tribes their hold
ings west of the Mississippi river, and
in consideration of this cession agreed
to allot them lands on the Missouri
river or one of it's tributaries. The
remnant of the tribes residing. in Tama
county refused to accept the conditions
of this treaty and refused to remove to
the new reservation provided for by
the federal government.
In 1856 the legislature Of Iowa gave
to the Indians then residing in Tama
county its consent to their remaining
in the state and the governor was
requested to inform the secretary of
war thereof, and urge upon the inter-
ior department the propriety of paying
to said Indians their a.nnuities as
members of the Sac and Fox tribes.
In 1857 the Indians bought their first
eighty acres of land in Tama county
and by subsequent purchases have now
about 5000 acres, the title of which is
held either by the governor of the
state or the Indian agents, in trust for
the members of the tribe and this tribe
of Indians to the number of about
three hundred and fifty, has ever since
this early day resided in tribal rela-
lions, adhering to the ancient customs
of their tribe.
In 1896 the legislature of Iowa for
mally rendered to the federal govern
ment exclusive jurisdiction of the Sac
and Fox Indians residing i'm Iowa and
lIle COllSIeSS VI lIle SJIllleu eoldleS ny dll
act approved June 10, 1896, formally
accepting the jurisdiction and control
over the Sac and Fox Indians of Tama
county. The foregoing facts are with
out dispute, and form the basis Of the
questions which arise in the case
touching the capacity of one of these
Indians to sue in his own right and
the question as to whether or not the
district court has jurisdiction to hear
and determine the case.
These questions have many times
been considered by the supreme court
of the United States and by some OF
the states in it's various phases and
there id quite conflict of authority
between the various states, but mainly
upon a different state of facts than is
represented in this case. Judge Shiras
of the federal court, in speaking OF
these Indians has said, quoting from a
former decision of the federal court:
''The Indian tribes are the wards OF
dependent on the United States; de-
pendent for their political rights. They
owe no allegiance to the states, and
received from them no protection. In
his own language he said: 1T will be
noticed that this rule is announced
with respect to the Indian tribes, and
is not intended to be applied to indi-
viduals who may have severed their
tribal relations, or who have become
incorporated into the citizenship OF
the state in which they reside"
49,. se, {o1,o =