The Glacier reporter. [volume] (Browning, Mont.) 1953-current, 1961-12-14

no jurisdiction over Indian res
ervations, or Indians on the res
ervations. Indians away from the
reservations, on the contrary, are
subject to the State laws.
Congress has transferred some
of its powers either by general
statutes or by statutes applying
to particular areas or tribes. De-
scent and distribution of Indian
property additionally have been
governed by the laws or customs
of the tribes. Congress, however,
in the General Allotment Act of
1887 provided what allotments
made hereunder should be pro-
bated according to the laws of
the State or territory where such
land is located. The States pow
er to act, nevertheless, is almost
nil, for In the Probate Act of,
1910 Congress gave the Secre-
tary of the Interior the power
to approve wills, determine heirs
and partition allotments.
Other fields in which Congress
has acted are health and educa-
ton. State quarantine and sani-
tation regulations are applicable
to Indian reservations under reg
ulation prescribed by the Secre-
tary of the Interior State COM
pulsory school attendance laws
may also apply to Indians on
reservations, but only If the coun-
ell or other governing body of
the tribe has adopted a resolu-
ton or ordinance giving consent
to such application.
Another general statute is the
Assililative Crimes Act, which
the Supreme Court has held is
applicable to Indian country. The
effect of that statute is to make
criminal actions, as defined by
State laws, subject to Federal
prosecution If they are commit
ted on lands under the exclusive
jurisdiction of the United States,
even though the acts are not
crimes under Federal law.
Finally, the Act of August Is,
1853, popularity known as Public
Law 280, t83d Congress), gave the
consent of Congress to the as
sumption of jurisdiction over In
dams to five named States: Cali
fornia, Minnesota, Nebraska, Ore
gon and Wisconsin with one res
ervation each excepted in Wis
consin and Minnesota. The Act
further gave the consent of Con-
gress to any other State which,
by legislation or constitutional
amendment, wished to assume
jurisdiction over Indians.
Over the passing years, espec
tally since 1924, Federal-State re-
lations affecting Indians have
greatly changed. Historically,
there is support for the conten-
ton of some of the States that
Indians were exclusively a Fed
eral responsibility. So long as
the United States created the
tribes as sovereign, though de-
pendent, nations, and negotiated
and ratified treaties with them,
there was little or no occasion to
negotiate with the States about
Indian matters. As a result of
various special acts, many In
dians had become citizens by the
early 1920's. In the first World
War reservation Indians gener-
ally were subject to the draft,
but hundreds of them volunteer
ed and gave valiant service. Part
ly in acknowledgement of this
record, Congress in 1924 declar-
ed all native-born Indians to be
citizens of the United States.
Forthwith, all Indians also be-
came citizens of the States in
which they reside, entitled to
all the services and projections
of other citizens.
Not all the States Immediately
accepted this changed situation.
Even in the basic matter of vot-
ing rights, some of the States, On
one pretext or another, denied
Indians the right to vote, Not
until 1913 did the last States.
Arizona and New Mexico. give
n as the result of decisions of
he courts. Utah, for a brief per
lod in 1856, refused to establish
polling places on the reserva-
lion, but after the Indians car
ried their case to the Supreme
Court, the legislature repealed
the old statute on which the
State Attorney General had re-
lied.
Education, welfare and relief.
assistance under Social Security.
law and order, hunting and fish
ing, and trespass are some of
he fields in which the Bureau
Of Indian Affairs may deal with
the States and their sub-divi-
sions. AT the same time the
points of contact with the States
have been multiplying, other
Federal agencies have taken over
some of the Bureaus functions
or have created new ones. The
result has been mt nnIy that