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

Inferior protection OF IRE anu
property, denial of civil rights,
and federation of lawlessness.
There is no provision on the
Federal Code for removal of par
entail rights so that in cases of
child neglect il is necessary to
fall back upon the willingness of
the State courts to remove such
children from the custody OF
their parents. The Education
Branch of the Bureau of Indian
Affairs has been driven TO using
boarding school facilities as tenn.
porary and, In some cases, per
manent homes for children from
broken homes, a practice which
seems to the Task Force to be
a necessary evil, but of question.
able wisdom from the education
al standpoint and not in the best
interest of the child. -..
The Task Force also calls at
tention to the civil action involv'
ed in commitment of mental pa
tients whose continued freedom
OF action might endanger them
selves and others. The present
practice in some States is for of
ficers or tribal courts of Indian
Offenses to bring such persons
within the reach of the State
court.
Such routine matters as tres
pass, under existing Federal laws
and regulations, must be refer
red to the Department of Justice
and action must be taken by a u
s. Attorney in a Federal District
Court. One witness after another
described the impossibility OF
protecting Indian property from
unauthorized use by others ir
the face of crowded Federal
Court dockets, impatient u. S
Attorneys, and inter-departmen
tai delay.
II is quite clear that. the pres
ent system of divided jurisdic
ton produces uncertainty con
corning the civil remedies avail
able for the enforcement of con
tracts and the collections of judg
ments. This has the effect of fur
Their restricting credit to Indians
a problem which the Task Force
elsewhere holds to be of primary
Importance in building the econ
omy of the Indian country.
Tribal courts and the Courts oil
Indian Offenses, are, in fact
transitional courts between the
social systems of yesterday and
tomorrow. The Task Force /.
guided in its thinking by the con
viction that the protection of life
and property, the preservation
of civil rights, and the develop
ment of clearly defined civil and
criminal codes is essential to rap
Id rise of the standard of living
on the reservations which is nee
essary to Indian well-being.
We recommend therefore:
1. That Public Law 1920 be
amended to provide for the trans
fer of jurisdiction to the State:
only on the basis of negotiated
agreement between the Federal
Government, the appropriate
State governments, and the trih
governments affected. We feai
this Is an essential principle -
the American way and a s.er
which is necessary to remove In
dian fears of unilateral termina
ton.
2. That the Branch of Law and
Order of the Bureau of Indian
Affairs be directed to develop
programs which the tribes and
that State governments looking
toward a revision of the tribal
codes and the organization of tri
bal courts to bring them as near
ly as possible into accord with
the civil and criminal codes OF
the States in which they are 10
Gated.
3. That immediate steps be
taken by the Bureau of Indian
Affairs in cooperation with State
governments, tribal governments
and Congressional committees to
prepare step-by-step transfers OF
jurisdiction TO the States in Sc.
lected causes of civil and Grim,
inal action. Among causes where
transfer would be immediately
beneficial and where testimony
Of tribal leaders leads the Task
Force to feel that early agree.
ment could be reached are the
following: Juvenile affairs. com.
mitments, and domestic relations
Important. but more difficult. are
such problems as trespass, police
protection, and the protection of
constitutional rights.
=. That the Secretary of the In.
terror insist that constitutional
guarantees of civil rights be OBJ
served In the Courts of Indian
Offenses which are bound by his
own regulations. We further
think that it is incumbent upon
the tribal governments which
have created tribal courts under
the ]. r. A. to provide for protec