Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-10-15
Special to Times-Republican.

Special to Times-Republican.
Cedar Rapids, Oct. 15.-Whether the
Indian agent on the Tama reservation
has the legal right to sit as a magis-
trate and to send Indian parents to Jail
for an indefinite period for refusing to
send their children to school is a ques-
ton Judge Reed Of the federal court
is to determine before the present case
Is over.
The case is that brought in behalf
of Jim Peters, Ta-Ta-pa-che, Wa-te-
na-se-wah and Me-squa-na-que, who
were put in jail because they refused
to SEND their children to school. The
latter is a squaw n she was confined
for ten days only. The other three
are still prisoners, having been COM
mitted until they would consent to
send their children to school, either to
the day school which has been erected
on the reservation, to the Indian
school at Toledo. or some other school.
Nothing was don at the first SEES
sion except the preparation of docu-
nlents. The attorneys for the Indians.
Judge Willets of the firm of Willet1
and Willets n Attorney Jacob Lamb.
wanted the RECORD of the imprisonment
of the Indians fully set out in the re-
turn to the writ of habeas corpus. This
having been done. they filed a demurrer
to the return and arguments on the de-
murrer commenced, in the court at 2
O'Clock in the afternoon.
The Issues involved. b
The issues seem to be clear cut. The
Indian agent, Orville ]. Greene. who
recently came to this reservation from
Oklahoma, claims the right to impris-
on the Indians if they do not
permit their children to attend
the day school which has been erected
on the reservation. This is a small
building, quite different from the In
dian boarding school which is nearer
Toledo. This authority he claims
Under sections % and % of the rules
and regulations of the Indian school
service, which are as follows:
Section %. Should any parent, or
other person harboring the pupil fail
or refuse to deliver him, the agency
police and school employees or either of
them shall arrest and return said pu-
pill for q hearing by the agent. Agency
police and employees are authorized and
empowered to arrest and bring before
the agent for suitable punishment any
person or persons who may hinder
them in their lawful performance Of
this duty.
Sec. 90. Parents, guardians, or 9TH
err persons who may obstruct or pre-
ven agents from placing Indian chill
dren on the reservation and the schools
thereof shall be subject to like PEN
alties provided that this regulation
shall not be construed as authorizing
the removal of Indian children from
of the parents or guardians of the
children who are required be first OBJ
tanned"
Indianes Were on Hand.
True to their promise the Indians
were on hand early at the court room,
altho they had been set entirely at their
liberty the night before after having
promised to appear at the court room
in the morning. Me-squa-na-que even
rode up to the third f1oor OF the ele-
vator, with one of her squaw chums.
But she did so quakingly, squatting
down on the floor of the elevator the
moment the gate was shut n contin-
uing in that posture until it was quite
still at the top floor. Then she discarded
the blanket which she a worn during
the night and took from a rather large
bag a bright colored shawl and many
beads with which she arrayed herself
becomingly before making her appear
ance in the court room. some twenty
of the Indians were there, expecting to
be called as witnesses.
No Testimony Needed.
But the present outlook is that no
testimony will be needed. The matters
to be fought out are clearly law
questions, there being an agreement as
to the statements of fact. The agent
admits having locked the male pris-
oners up for an indefinite term and
the women for a ten days sentence and
there seems to have been little if any
hearing. The three men We're committed
to Jail until they would promise to send
their children to school and they said
they would stay there forever before
they would send them. That is the sit
uation in a nutshell.
Garrison News.