The Glacier reporter. [volume] (Browning, Mont.) 1953-current, 1961-12-07


inadequacies of both old and new
measures for the protection Of
life and property in the Indian
country; and from fears of the
Indian people that the adoption
of State civil and criminal juris-
diction is merely a step toward
unilateral termination Of FEEDER
al services.
Prior to the adoption of Public
Law 1920. jurisdiction over
lands held In trust by the Federal
Government for the benefit of
Indian tribes or individual In
dams was either Federal or tri-
bal. Under Federal jurisdiction.
the Code of Indian Offenses pro-
mulgated by the Secretary of the
Interior prevailed, subordinate TO
the Federal Statutes relating to
major crimes. Regulations gov
erning Courts Of Indian Offenses
were intended to provide machin-
cry of law enforcement for those
Indian tribes in which tradition
al agencies for the enforcement
of tribal law and custom had
broken down, but for which no
adequate substitute had been
provided under Federal and
State law. No Court of Indian
Offenses was intended to be es-
tablished on reservations where
justice was effectively admins
tered under State law and by
State law enforcement agencies.
At the present time fifteen
Courts of Indian Offenses are
in existence. Several times as
many courts have been created
by tribal ordinances. All other
portions of the Indian country
are under State criminal and
civil jurisdiction.
The size and effectiveness of
local forces of law and order are
highly variable. Thus, the Nava-
jos have a tribal court with seven
judges, spend more than 81 mil
lion in tribal funds annually for
law and order activities, equip
their Indian police force with
squad cars and two-way radios,
and have built modern and well
equipped jails which would be
the envy Of many county sher-
ifs. But, at the other end of the
scale, there are tribal courts es-
tablished in Indian country
where, due to inadequate tribal
funds, there is only one judge,
unframed, no police force, and
an outworn building for deten-
ton purposes.
The protection of life and prop
erty under each of these three
types of jurisdiction Is made
quate in one or more respects,
according to testimony of wit
nesses at the various Task Force
hearings. Thus, under the Courts
Of Indian Offenses some witness
es complained Of insufficient law
enforcement officers, inadequate
ly prepared judges, the absence
of attorneys, non-use of the
courts in civil actions, and made
quate appellate provisions. Under
tribal courts, witnesses complain
ed of all the aforementioned in
adequacies and recited numerous
instances Of favoratism, denial of
civil rights, outmoded detention
facilities, and absence of proper
facilities for female and juvenile
offenders. Even the States grant
ed jurisdiction by Public Law So
280 did not escape criticism on
some of these counts.
II was the opinion of a major.
ity of the Indian leaders who ap-
peared before the Task Force
that civil and criminal jurisdic-
ton should remain In the Fed
eral Government; that II should
not have been transferred to the
States except with the consent
of the Indians concerned. They
advised their associates at the
hearings not to give consent in
the future unless there was a
clear understanding as to what
services the States would pro-
vide, for they felt a strong sense
OF disappointment In the deter
ioration Of protection to life and
property In many instances.
Hunting and fishing rights are
a matter Of deep-rooted concern.
Even though these have been
excepted in the transfers of jur.
isdiction, 1t has been a nearly
universal experience, according
TO the witnesses before the Task
Force, that State jurisdiction
means attempts by the State con-
servation departments to impose
seasonal restraints on hunting
and fishing by Indians; or to ex.
act license fees, or to close off
traditional areas for purposes of
wildlife management. The attach
ment Of the Indian people to
these traditional activities goes
far beyond the economic value
Of the products of the hunt. Any
attempt by either Federal or
State agencies to curb them Is |
certain IN rrnduoa , $780,. ~fl