OCR Text |
Show . and settlement of & a h of Indikns belonging on the reaerv~tiona 8 is e=ercised, a t ' .' ~ " the time by the oourta of probate, in the State or Territory within which the reseh . vation m y be, over the setklement or administration of estates of citizens of aaid :., State or Territory: PToaidcd, Thst the p ~ o b i t eju risdiction of said ewrt $hall ex-:, 1. , , tendpdy to the +position sacording to law of anoh property sa members of the . tribe mev have in their uoasession on the reservation a t the time of their deaths. . . > , . . sgd to t i e eniontion of &errting such property. , Thb said court shall have exolasive jurisdiction over &lToi+il'ountroversiea-dp' ? 1' - between Indim belonging on the reservation. - 10. Pnrotiw,pZeadinga, #to.-The practice, pleadings, and foms of proceet$i~ga in - probate end-civil causas shall conform aa near ae may be to the prsctioe, pleadings; a d forms of oroceedines existine at the time in like orvuses in the orobate court8 nnd the ooortaof juqtio& of the ;ace in the State or Territory within whioh the resematidn may be; an< the plaintiffrshall be entitled to like remedies by at&soh-ment or other ~roceaaa painst the'.uro.~er t.v o f' the defendant, and for like eausee. 88 may zt the time he provrded by ihe lawe of suid State or Territory. 11. Aymb to compel olfendascs ofuitcsnaea and enforce ordrra of the court.-That the orders of the court in eeneral term and of the iudeea of the several diatrida mar be I -. - .. . . oarricd into full cE'ecT, tl~a United Sratua Indian agent for the agency under whioh Iha ressrvution may he is L,robp rt~~ttturiroudn, lpnwered, and required to compel , -. the atte+anhe of witnesses st any sesrrion of t h e ion*, oqr before any &is proper district, and tp enforce all orders that may be passed by siid majority theraof, or by m y judge within his proper district; and for : he mar nab the Indian police of his agency. . . , WHAT IS a-IND IAXT . . . - , ., .~, In close&nn&tion with the subject of Government coutrol.ove~~the . . . . I ~ : - Indians and methods of administration, an interesting question has . :- : :;; recently arken, namely, What is an Indian? One would have-sup- I ;.. ':: . - posed that thie question would have been considered ahmdredyears . , .:' ~ ~,,~; .-agoa nd b& adjudicated long before this. Singnlarly enough, how- - :'. . ' :7 .: . .. . ' e&, it haa remained in abeyance, and the Govcrpmellt has gone.on . . ~ C-., legislating and administering law withont carefully discriminating as . . -. ; '~ir'. . to those .over whom i t had a right to exercise suoh control. The qnea- . : ' . -. 5: . . . . .. :. 5 , : , ' tion-haa arisen latterly in oonneotion with the allotment of lands, and . , . .:. .. ' ,the speci6c c$ee is the following: . . , . ..:- |