Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-07-03
FIXES STATUS OF MIXED BLOOD
Judge Garland Decides Case of Grea
Importance.

Importance.
SIOUX FALLS, S. D., July 2.-(Special)-I
Judge Garland Of the United States court |
in this city has just rendered a decision
which is of far-reaching Importance as
defining the rights and status of full-blood
and mixed-blood Indians.
The decision was rendered in the case
of Mrs. Jane f. Waldron against the United
States, Black Tomahawk and Ira A. Hatch,
as United states Indian agent at the
Cheyenne river agency. A valuable tract
Of land adjoining the Fort Pierre townsite
was directly involved in the case which
has been pending through all the various
branches Of the land department of the
United States since February TO- 1890.
Mrs. Waldron, who is highly educated
mixed-blood Indian woman, is a member
of what is known as the Two Kettle band
of Sioux Indians, living on the Cheyenne
river reservation, and established her resi-
dence on the land in controversy in July.
1889. Since that time she has resided on
the land with her family.
She was residing upon the tract at the
time 100000 acres of the great Sioux reser-
walton, situated between the Missouri river
and the Black Hills, in western South
Dakota, was opened to settlement on
February 10, 1890, under an act of congress
Black Tomahawk, who is a full-blood Sioux
Indian claimed the tract as his allotment
1t has been charged that he was induced
| to claim the land by some townsite boom
ers," who evidently were DESTROYS of secur-
| ing the land through MIN 50 1t could be
divided into town lots and placed upon the
market. Judge Garland, in this connec-
ton, decides that Black Tomahawk's set
Element on the land was mot in good faith
but in the interest of others"
Black Tomahawk in due time applied for
| a patent to the land and after the case
| had been fought through the local and gen.
| eral land offices and to the secretary Of
the interior he was granted a trust patent
| to the disputed tract. This patent was
approved by the secretary of the interior
on December TO- 1895 The patent was is
sued TO him on the ground that Mrs. Wald-
ron was not an Indian in the full meaning
of the term.
Subsequently United States Indian Agent
Hatch was instructed to remove Mrs. Wal
dron and her family from the land. She
then instituted the suit which has Just
been decided by Judge Garland, and which
has resulted in a victory for her.
Judge Garland decides that in view of
the fact that she was carried on the
agency rolls and generally recognized by
| the members Of the Two Kettle band of
Sioux Indians as a member Of the tribe
she is an Indian in the full meaning OF
the term. According TO the usages and
customs of the Sioux Indians. the children
of white man who is married to an In
dian woman take the race or nationality
of the mother and the mother is the head
of the family. Mrs. Waldrons mother was
mixed-blood Indian woman, while heI
father was a white man.
The decision OF Judge Garland concludes
as follows: without going further the
court is of the opinion that under the facts
found in this case and the evidence in the
record, the complainant Mrs. Waldron) Il
entitled to a decree canceling the trus
; patent issued to Black Tomahawk and de
creeing that complainant is entitled to hav,
the land in controversy allotted to her by
the United States under the provisions o.
! the act of congress OF March 2 1889"
A large number of similar cases. in which
full-blood and mixed-blood Indians are tn,
ltigants, are pending in Nebraska anC
other western states, where those inter
ested were awaiting the decision of Judg
Garland in this case.