Arizona republican., 1905-05-15
NO CONSTITUTIONAL HAIR CUT
Indians as We'll as Whites Vouch-
 safed Some Personal Liberties.

The question of whether or not the representatives of the Indian bureau have authority under the constitution to make a red man wear short hair whether he wants to or not, has created a great deal of discussion and has fin ally been given a legal test resulting in decision favorable to the Indians freedom of choice. The court takes the view that an Indian is no better than a white man and there is no more au- thority for maing him cut his hair. Fol lowing is the story as related by the Yuma Sentinel:
 Judge Moves of the superior court at Riverside rendered a decision last Sat urday in the case of Agua His, a Yuma Indian, against Superintendent Spear Of the Yuma Indian school. awarding the Indian $25 damages for having to submit to a forced hair cut. The at torneys for the Indian were H. Wup- perman of Yuma and c. $. Wilson of Los Angeles.
 Agua His (the English of which is Hot Water) belongs to theMcGil clan of the Humas, who do not take kindly to the regenerating haircut and other features of the so-called white mans civilization, and often rebel at the authority of Colonel Spear. Hot Water has been true to his name and has kept the superintendent immersed in trouble much of the time. It was given in evil dence at the trial that Hot Water and some of his followers had attacked and captured two Indian policemen who tried to interfere and stop their gam bling. They disarmed the policemen and held them prisoners over night. Colonel Spear dealt out no punishment Tor this fragrant act of insubordination.
 but he gave Hot Water a good talking to- and Hot Water promised to reduce
 his temperature and be good. But he wasn't good long. Later Hot Water
 fairly boiled over when he saw an In- i dian policeman dragging a Yuma boy | before the tonSorial tribunal to have i his locks amputated, and he attacked
 the Indian and released the boy. For
 this offense Colonel Spear ordered Hot 1 Water confined and sentenced him to
 a haircut. With the aid of Bob Hatch
 several policemen and a pair of shears
 Hot Water was shorn. Feeling the dis
 grace keenly he returned to his tribes
 men shame-faced, humbIed, but witl
 the hot spirit of revenge ranking under his dress suit. Hot Water brooded ove1 the loss of his hair for a time and ther decided to take the white mans way O. getting even. Having thus decided, ht brought suit against Colonel Spear fol
 damages in the amount of $20O-anC
 has just been given $25.
 Whether the success of Hot wate
 will precipitate a deluge of suiti
 against Colonel Spear by other Yumai
 whose locks have been amputated, de bends, perhaps, on the decision of tn : supreme court, to which no doubt thi , case will be appealed.
 Judge Moves in rendering his deci
 sion said, in part:
 "As a regulation of the reservation no punishment such as plaintiff suffer
 ed is allowed, because such regulation must not be inconsistent with law I l is not the law to cut an Indians hai r any more than it is to cut the hair O l any other human being"
 The president, the secretary of tn } interior and the commissioner of Indian affairs in the first instance, or the In dian agent in the exercise of his owl . authority, have no right to violate tn constitution.