The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-18
POOR LOS MONEY
Question About Whether He
Shall Pay.
Garnishment Is Now Held to Be
Invalid.
WILL BE A TEST CASE
The Crane Decision May Govern
in This. .
Indians Buy But the Traders
Can't Collect.
BE A. TEST CASE.

The fate of Poor Los money is in the
balance.
Shall he be allowed to dead-beat his
creditors. or shall garnishments against
him be honored, and he in that way be
given full control of his money instead
of his agent.
If the latter instance prevails he
would soon be parted with all his long
green and glimmeririg silver, and Uncle
Sam would have in him left nothing
more or less than a poorhouse ward.
And yet if the courts prevail that the
money is his to spend whenever and
wherever he wants to, since the su-
preme tribunal at Washington has de-
clared him a citizen of equal liberties
and of no less immunity than any other
citizens of the state of Kansas, it would
be perfectly legitimate to presume that
the government could withdraw itself
from the matter, and let the state pro-
vide <or him. -.t.- -s-5
The question arose again this. morn
ing, the second time this year and also
the second. time in Indian matters in
Kansas, when Assistant United States
Attorney E. D. McKeeVer received
telegram from Assistant United States
Attorney General Hoyt at Washington
to proceed to Winfield, Kan, and there
represent Inc government III SdrHlS1-
ments brought against Indian Agent
Noble by the creditors of Ponca Indians
under his control.
The matter came up in this way. An
Indian is like the proverbial fool and
his money-they are soon going differ
ent directions. A redskin, unless he has
come thoroughly in touch with Yankee
''sticktuitivenesS'' to a dollar, will buy
almost anything that he lays his eyes
on. About the Indian reservations are
a
storekeepers sell the Indian anything
they want on credit, and when the lat
ter get their money. they come around
and pay for it. But the agent holds all
of an Indians money in trust accord
ing to federal laws. He received only
q. certain amount every SO often. The
Indians run up much larger bills than
they are able to pay even though they
would apply on the debt their regular
allowance for several years. The credit
ofs then take up the whip and try to
get it from the agent. The latter re-
fuses to pay it, unless it is a case of
absolute necessity. So the storekeepers
have tried another tack. They are now
garnishing the agent, as the man who
holds the Indians money in trust. This
the government will not allow, for con-
gress some years ago passed a measure
that the salary of a federal or state
employee cannot be .garnished because
it interferes with his work by harass-
ing and annoying him. Upon this law
the government will attempt to prevent
the garnishment from being applied.
But there is another feature in the
matter. Some time ago Attorney
Crane from Holton went before the
supreme court in an Indian LIQUOR
case, in which the defendant had been
sentenced to federal punishment, and
had him released on the theory that
an Indian is a citizen of the state in
which he lives, subject to the same
liberties and same rights as any other
citizen of the state. The supreme
court upheld the decision and it. is
recognized as probably the most inn
POI tant given down in Indian matters
for years.
So the creditors are -presuming that
If an Indian is a common citizen, he
should naturally be no mere immune
from paying his debts than any other
person This is the contention which
they are offering. The, matter will
have to be threshed out in the district
court of the county where the gar
nishment proceedings are brought. and
a decision can therefore not be given
until fall when these courts convene
from their summer vacations.
Then the Indian, too, is acting up
badly in the matter. He is perfectly
willing that the garnishment should
stand. In case it does all of the money
which the agent holds in trust for him
will have to be paid over to him sc
that he can pay what debts he owes
notorious way.
There have been six of these gar.
nishment proceedings instituted a
Winfield within the past few DAYS
Two months ago eighteen were filec
in Jackson county against the Indians
living on the Pottawatomie sreserva.
ton. These Indians are into store
keepers about them, as the SLANG
phrase goes, for thousands Of dollars
and should the contention of the gov
eminent stand they would. be out al
which they allowed the redskins t.
would be beat" out of it.
But those fellows have no kiel
coming" said Mr.. McKeever thi
morning. "They just let the indians
have whatever they want and charg,
them any old price for it. If the red
sometime or other. This the trader
know. But the government wants t,
protect the money of the Indians t,
care for them. If they are allowed t.
have all of it, about three days would
flatten out their pocketbooks.. Tn
government has given US strict in
junction to fight the matter hard, an
we will do so.
1T is simply notorious how some o
these traders do soak the Indians
know of one case where an Indial
loaned a trader about $2,500. Som
time later the Indian came to tow
and got drunk, and for $40 he sur
rendered the claim. That is on
sample. have no sympathy for thes
storekeepers who let the Indians int
them for big sums. They ought t
know better"
Ohio Club Social.
The Ohio club, about two hundre
strong, enjoyed a, pleasant time las
7 rr,Ia+ low = 4