Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1912-04-25

upon government Tesert atoms or not
will hereafter be prose ,uted in the
state courts upon all charges of erin
NAL and civil offenses excepting the
Introduction OF Intoxicating liquor up
on the resery ations.
The supreme court Tuesday handed
down a ruling to this effect in the case
of the state against Nathan Lott and
Harrison Jabeth, Nez Perez Indians,
who were prosecuted in the district
court in Idaho county, Judge Edgar G.
Steele presiding on a charge of horse
stealing. The Indians were convicted
and the case was carried to the SUI
preme court mainly to decide the ques-
ton of the state 5 jurisdiction over
redskins on the government reserva-
ton.
Reverse for Lower Court.
The supreme court reNerses the judg
ment OF the Idaho county court and
grants new trial. The decision is
written by Justice Ailahie and con-
CURED in by Chief Justice Stewart and
Justice Sullivan.
This is said to be the first time in
the history of Idaho IS statehood, more
than u years, that the question of the
state IS jurisdiction over the Indians in
criminal and civil cases has ever been
squarely presented TO the supreme
court and ruled upon.
Crime Of Horse Stealing.
Justice Ailshie. in the opinion prop
er, reviews the preliminary stages of
the case in detail and explains that
both Lott and Jabeth are Nez Perez
Indians; that they were accused of the
theft of two horses from Stephen Axtel,
also Nez Perez Indian. This crime
was alleged to have occurred on June
ID of last year. Lott and Jabeth car
ried the appeal to tho supreme court
on the grounds that the state court had
no jurisdiction to try them upon a
charge of larceny. ~ us the question
of federal jurisdiction was squarely
raised.
State Has Jurisdiction.
Perhaps the most potent utterance in
reference to the states jurisdiction in
Indian cases is contained in the fol
lowing excerpt from the decision:
1.-THE contention that the state has
no jurisdiction over the territory form
erly comprising the Nez Perez Indian
reservation is without merit What
ever force there may have been in this
contention prior to the opening of the
reservation and while il was still tribal
property and Indian country, in fact
there can be no basis for such posi-
tion now that the lndia n title has pass
ed to the government and the country
has been opened to settlers and home
steaders and where an Indian lives on
a ~, 50 or l60-acre allotment and his
neighbors all around him are white set
Tiers who hold fee simple title to their
lands.
II, on the other hand, the state has |
jurisdiction everywherh except on an |
indian allotment, it would be govern
ment in spots only and the civil and |
ponce officers of the state would have
to go armed with the latest revised I
maps and plats from the general land
office in order to know where and when
they could exercise the authority of
the state in bringing offenders against
its laws to justice.
The Nez Perez Indians are now
citizens, and citizenship and Indian
tribal relations are wholly inconsist-
emit. Clearly the land does not belong
any longer to an Indian tribe. On the
other hand, great portion of il has
been patented TO white settlers while
lhdiViduai Indians no d trust patents
for the various tracts to which thew
are promised eventual fee simple title.
1t seems to us that the state has the
same civil and criminal jurisdiction
over Nez Perez Indian allotment as
1T has over any other land within the
state TO which the title is still vested ,
in the United States.
Right to Reserve Control 8
Inc court also touc hes interestingly I
upon the jurisdiction question when II
says: a
1.-THE government, as the owner Of g
land, may attach any condition If sees j
ut upon parting with its title, or it 5
may grant qualified and limited es- I.
tate and reserve the right 10 control t
..e p.oper.y' or restraih a or entirely for I
c INC a''enation OF the property.
This is clearly what the government
has attempted to do in all casas 90 .
Indian allotments. II retains liza
OF guardianship over the allottee in his !.
dealing with such property. II ;s true =
.A.s 'here Is kind of twilight zone t
k0fwoau foIo,oI