Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-07-01
Notable Decision by Judge
Burnllaln In the District
Court of rama County
COURT WITHOUT JURISDICTION
Tama Indians Have No Recourse in
State Courts and Cannot Sue as In
dividuals in Federal Courts-Aeton
Must be Brought Thru Agency in
Name Of the Tribe.
to Tincs- Republican

Special to Times Republican.
Toledo. July 1.-The right of an In
iiar living in tribal relation. to sue
IN his own name in the state courts
has just been determined by the dis
trict court. Hon. Judge G. w. Burn
ham presiding. in Tama county. He
holds that they cannot be sued. II is
believed that the case will be appeal
ed for rulings by the higher courts,
even the courts of last resort. The case
being an important one etfecting about
all merchants and other tradesmen in
the vicinity OF the reservation. as we'll
as almost every Indian Of the Sac and
Fox tribe living in Tama county
The issue came up on an agreed
statement Of facts, the salient point of
which Is that the Indian bringing the
suit is a Sac and Fox Indian living in
tribal relation with some three nun
dred aud forty six other Indians upon
their land in 'rama county. the title
to which is held in trust for their use
and benefit. The cause Of action WIS
INV NIlllt'k vi " toiS VII VIZ ''t'''' VI
way of the c. a. n. w. railway. II was
conceded that the state had never eX-
ercsed Jurisdiction over the personal
property of the Indians and that the
pony killed had never been assessed
or listed for taxation and no taxes
pai, thereon. The defense alleged was
want Of jurisdiction In the courts OF
the state ana lack of capacity to sue.
The difficulty presented In the case
arises from the manner In which the
federal government deals With Indians
living In tribal relation. BY, numer-
our treaties with these Indians they
have on their part surrendered to the
government their claim to valuable
lands and the government on It's part
has promised It's protection and care.
The government Will not permit
these Indians though they bought their
land. from annuities received from the
government to in any way sell. en-
cumber or transfer their interest In
their lands without the consent
and approval OF the secretary OF the
Interior. The courts it is said, have
uniformly held that Indians living in
tribal relations are IN state OF pu-
government.
In addition to these holdings of the
court and treatment of the Indians by
the federal government, In 1876, the
legislature of Iowa by spccial act
rendered to the federal government
the exclusive jurisdiction over the m
dams ana their lands with certain res
ervations therein, and as soon as the
federal government accepted SAID ten-
der the jurisdiction Of the state should
cease In July following the iederal
government by q special act OF con-
press accepted the jurisdiction so ten
t,ered absolutely. and In view OF such
action on the part of the legislature
and congress. the court held that lhe
state courts had no right to near ana
determine any question involving lhe
civi, rights or wrongs of these lnd'ahs.
on the question of the capacity to
size. the court held that inastnuch as
these Indians must be considered az
wards of the government. they were
,,nder n legal disability. the same as an
insane nerson or a minor and the like,
and suit should he brought In the
name Of the Indian agent or superln-
tenacnt representing the federal gov
e,rment and whose duty 1t is to care
ror and look after the interest of these
Indians. After full and exhaustive
presentation OF the whole suplect a'"
a consideration Of the authorltles cl,su'
which were irreconchably III coi''iio'
the court sustained the motion OF the
defendant to dismiss the case upon
both grounds urged in the motion.
The decision is Of considerable I'M
nortance to business men and traders
In the vicinity Of the reservation Tor
the reason that the Indians are deeply
in debt and decision that the Indians
could sue and be sued In the state
courts would, have started many ac-
lions to recover for debts.