OCR Text |
Show REPORT OF THE COMMISSIONER OF INDIAN AFFAIRS. LXXXIII and the exercise of the authority of this office to interfere and settle disputes arising in that couutrF over property rights, is no longer necessary. I have tl~ereforein structed the agent for the Union Agency to refer to the proper court for re~nedy all parties who apply to him for settlement of civil controversies, unless the complainant is an Indian whose poverty practically excludes him from his remedy in the court, and the party against whom the complaint is math is an in. trnder and a trespasser. COURTS OF INDIAX OFFENSES. During the past two years the reserration tribunals known as Courts of Indian Offenses1' have been placed upon a quasi-legal basis by an appropriation made by Congress for the pay of the judgesof such courts. These courts, as has been already set forth in the reports of this Bu. reau, had their origin in a communication of Dece~~lb2e,r 1 552, from the Department to thisoffice, suggesting that rules be formulated whereby certain specified barbarous and demoralizing practices among the In-dians should be restricted and ultimatel~ abolished. Thereupon the office organized a system of Indian courts, and prepared a code of rules which enumerate11 the crimes ant1 offenses of mhich the courts should , take cognizance, aud in several instances named the penalties which should be prescribed. Each court consists of three jntlges who are appointed by the Iudiau Office: upon the non~inationo f the respectire Indian agents, for a term of one rear, but are subject to remol-a1a t any time. The court holtl~rq gu-lar sessions twice a month. The crimes ant1 offcnses named in the rules are Indian dances, plural marriages, practices of medicine men, theft, destruction of property belougiug to auother, payments or offers of payment for living or cohabiting with Indian women, drunkeuness and the introduction, sale, gift, or barter of intoxicating liquors. The court also has jurisdiction over misdemeanors committed by In. diaus belonging to the reservations, orer ciril suits to which Indians are parties, and over any other matters which may be brought before it by the agent or with his approval. The penalties prescribed are fine, imprisonment, hard labor, and for-feiture ofratious. In civilcases the courthas the jurisdiction of a justice of the peace, and conforms, so far as practicable, to the practices of rt justice of the peace in the State or Territory in which the court is lo. cated. Without money, legislative authority, or precedent, these courts have been established and rnaintaiued for eight years, and in spite of their crudities, anomalies, and disadvantages, have reached a degree of dig. nity, influence, and usefi~lnesuv hioh could hardly l~aveb een expected. Prior to the fiscal year pi-ecetliug July I, ISSS, owing to Taut of |