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Show 26 REPORT OF THE COMMISSIONEE OF INDIAN APFAIRS.' that i' The act of March 3,1885 p3 Stats., 385), section 9, was onactad to transfer to Territorial courts established by the United Rta* tbe jurisdiction to try the crimes described in it (including the crima of murder), under Territorial law, when sitting as, and exercising the func- ,$ions of, a Territorial court; and not,when sitting as, or exercising the functionsof, a circuit ordistrict court of the United States under Revised Statutes, section 1910." (130 U. S. R., 343; to like import, see Captain Jack, petitioner, ibid., 353). Owing to the indisposition on the part of the Territorial Authorities to put the Territories to the expense of prosecuting Indian- criminals, great difficulty has been experienced in bringing Indiaus who were guilty of crimes against other Indians, committed upon an Indian res-ervation, to trial, and many cases have been permitted to pass unnoticed. This difficulty is, however, now obviated by the provision of section 11 of.the Indian appropriation act of Ma& 2, 1889' (25 Stats., 1004), whereby the costs of such trials in the Territorial courts are directed to be paid out of money appropriated for similar expenses in the trial of criminal cases in the courts of the United States. Now that thy question of jurisdiction under the act of 1885 is author-itatively and permanently settled, and the costs of the trials in the Ter-ritorial wnrts are assumed by the United States, it is thought that no further di5cnlty will be experienced in bringing Indian criminals to justice; and it is believed that by a jndicious ex'ecntion of the laws, in J the imposition of punishment commensurate with the crime, Indians will be deterred from committing offenses against each other, and that in the future crime among them will be materially decreased. COURTS OB INDIAN OFrnNSES. S%ce 1882, what is known as a .'court of Indian offensis" has been .established and maintained npou a number of Indian reservations. It has been a tentative and somewhat crude attempt to break up super-stitious practices, brutalizing dances, plural marriages, and kindred evils, and to provide an Indian trihnnal whih, under the guidance of she agent, muId take cognizance of crimes, misdemeanors, and disputes among Indians, and by which they wpld be taught to respect law and obtain some rudimentary knowledge of legal processes. Notwithstand-ing their imperfections and primitive character, th* so-called murk have been of &eat benefit to the Indians and of material assistance to the agents. Prior to the last fiscal year there was no fund for maintaining them courts, norany law recognizing their existence, although this office had made repeated and urgent recommendations &at provision be made for the pay of judges of the courts. The want of such a fund bau often necessitated the appointment of incornpet& persons as judges, the designation of policaofflcers to act in that capacity,or the payment of the salaries of the court officials from fonds derived from the collection |
