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J GUST 13, 1901nr-STATUS OFINDIANSTo bt SitlUd by Trials in Unitid Statu Court.Nottd Musquakit Casts Hurd In Octobtr.to baTribo Is Noted as Most Unprogros-slvo of all Indians.Des Moines, Aug. J2.—'The celebrated Indian cases from the Tama reservation are now set Cor trial in the United States district court for the northern district of Iowa at the coming October terra before Judge Shims. These cases involve questions which do not often come before the courts iu Iowa and some questions which appear not to have been passed on by the courts here or auy place eise. The whole question of the relationship of the United States government to the Indian tribes with which «lie government has made treaties will he entered upon and especially a.-i applied to a case, as in Iowa, where the Indians, while maintaining a tribal government and relying on treaty rights for protection, do not live on any specific reservation, but own land in fee simple and are In a large mcas-uic independent of the government and of the state.TROUBLOUS TRIBE.The status of the Musquakie Indians or remnant of the once populous Sac and Fox tribes, which became merged nearly a century ago, is anomalous and of uncertain definition. When the treaties were made under which these Indians agreed to go to the Indian country of the southwest some of the leaders of the tribe protested and. as they were never satisfied in Kansas they asked permission at the time they were sent to the territory to remove back to tbeir former Iowa homes. As there was no government land in large tracts at that time they were given permissionto return to Iowa on condition they would buy their own land and give up tiieir annuities. This they did. They bought, with their own money, a big farm in Tama county, Iowa, right on the line of the Northwestern railroad, and by making additional puivhaftts they now have n farm of bout 3,000 acres. Originally the Indians placed the title to this farm in the governors of Iowa in trust for ihe benefit of the tribe, but this involved the state in more or less troubles V'*Jh the Indians and a few cars afeo the state gave control of the farm to the Indian bureau, so that the tribe might be brought under the general laws (in regulation of IncVans. Previous to this time however, the r.iMi'.,Ys had been restored to ihe Irvva branch of the Sacs aDd Foxes, at the instance of merchants and traders living, in that part of the state, who wanted the profit from trading with Indians.REBELLIOUS OLD CHIEFS.The Musqupkie Indians in Iowa are noted as the most backward and re-actionary of any of the Indians of the United States. They own a magnificent farm, which they cultivate in part or iease, and the rents from this, with the annuities, give them a comfortable income, but they maintain their tribal relations, practice polygamy iu a modi'lied form, live In tepees rather than houses, wear blankets and dress as diil their ancestors and refuse to permit their children to attend school. To make it. easier to enforce attendance at school one was established at the agency, for the United States has maintained an agent there ever since the annuities were restored. The old chiefs rebelled against this. They declared they would never submit to enforced attendance at school for the younger members of the tribe. Under the Cleveland administration Horace M. Rebok, now editor of a magazine In Chicago, was made agent and he undertook to compel attendance at school. He and the school superintendent entered upon a long and bitter contest with tlie old chiefs who were in rebellion. This resulted in several personal encounters and in the arrest and prosecution of some of the offenders. To overcome the objections of some of the chiefs’ they were formally deposed by the agent and a chief brought from Kansas, where a few ol the Indians live, and he was put in the place of the chosen chief of this tribe. This but aroused fiercer resentment on the part of the Indian band and for many months they were sullen. Another controversy was brought up and that for a year or so the Indians refused to accept annuities until these old claims were disposed of. Only this summer has this matter been disposed of and in June Iqst the Indians were paid. Their chiefs had made a journey to Washington to see the commissioner of Indian affairs and a temporary settlement was effected.DAMAGE SUITS BEGUN.The most Important of the law suits to come up at.the October term of court before Judge Shfras is one brought by Pa-Keo ka Ma-Que, chief of tho Sac and Fox Indians In Iowa, by anil through; hia next beet friend, A-Saw-W'nh-Cah-Bo, against Agentthe United States government, the sum of $50,000. The petition recites that the plaintiff Is the chief of the Sac and Fox Indians residing in Iowa; that these Indians are under tribal laws; that they are protected by treaties with the United States; that they arc not subject to the laws or Iowa; that Agent Rebok. without warrant of law and m violation of the rights of the tribe, performed certain damaging acts between the years 1890 and I8D7; that he wilfully, unlawfully and contrary to the constitution and laws of the United States and the acts of congress, and also contrary to existing treaties with said Indians, abused and ignored their head men, officers and chief, and set over them a bogus or false chief of bis own arbitrary creation, a renegade preparatory to tho abuse of their tribal property rights, and further unlawfully took possession of the greater part of their lands, vents and profits thereof; while acting as such agent for malicious and selfish and corrupt purposes and contrary to the constitution and laws, acts of congress of the United States autl existing treaties with said tribal Indians, and unlawfully converted the rents and profits thereof to his own use and benefit’' Those rents are represented to be the value of $36,000. The suit is brought Cor the benefit of the entire tribe. This suit was commenced last spring, but not until within a few days has it been possible to get service on the defendant. and, this having been done, the case has gone on tho docket for a hearing. The Indians arc represented by a firm of able attorneys and the case will be pushed for all it is worth.PRINCIPLE INVOLVED.The peculiar thing about all these cases and which gives ground for the suits is the fact that the Indian agent and the superintendent of schools, iu attempting to control tho Indians and enforce attendance at school, resorted to the state courts and in some instance procured letters of guardianship for Indians. This resort to state authority was resisted by the Indians. In town minor suits brought by them it. the federal court Judge Shiras has held that the Indian agent must derive all his authority from the general government and that the state courts can have no jurisdiction, at least In civil matters, on. the Indian farm. It is upon this ground that tho Indians claim that all the acts of the agent referred to were illegal, that the misappropriation of the rents was made and Indians unlawfully prisoned. If the Indians make good their claims the Iowa delegation in congress will ask for immediate legislation affecting the status of these Indiana in Iowa. The coaditiou uf affairs there cannot continue indefinitely. The Indians are a blot on the Iowa landscape and will continue to be unless there Is some Improvement in their condition. The suits will therefore have a state wide Interest and settle soioo questions upon which national legislation is likely to be needed.Road Will ba Indapandant.Iowa Falls, Aug 12.—The press report from Waterloo to the effect that the Illinois Central road would absorb the new Des Moines, Iowa Falls Northern road as soon as the latter road was completed, and citing in proof of the statement that the Central engine was being used tor track laying, !S received with considerable amusement by those in a position to know the real condition of things connected with the new road. It is true that a Central engine is being used to run the construction train, but aside from this ihe whole business is in the hands of the construction company. The engine aou crew are hired from the Central company by the Globe Contruction company, which has complete control ol the road until it is turned over to the company that was organized lo build the road. The material for the new road is shipped over the Central, but full freight rates are paid. The Illinois Central, the Globe Construction Co. and the Des Moines, Iowa FallsNorthern company are three separ-arale and distinct organizations, each working independent of the other and the repeated reports that the Central was back of the new road are without ihe slightest foundation, as everyone knows who is on the ground and acquainted with the true facts in the case.The track laying is being pushed southwest rapidly, and a gang o' thirty men is engaged in laying the steel. The heavy work on the South Fork is fast nearing completion and when done it will take but a few weeks to complete tiie track laying to the Hawarden branch of the C. N. W.. as the grade is pretty well completed to that point.Jail Delivery at Oikaloosa.Oskaloosa, Aug. 12.—Harry Davis, known as the diamond thief,” has broken jail and is still at liberty. He rawed several iron bars across with a saw made from a piece of steel used in shoes to hold the sole in position. After he had gone It was found that h^ had made another similar attempt in another place, but had been unsuccessful. Davis was in Jail for taking a diamond pin valued at $250, from the shirt front of Chas. McCullogh, during the recent Klk races In this city. This ir, the second Jail delivery within eight months. The other time two noted forgers wanted all over Iowa, made tfcalrCoiOkFnDof t croi croj con of i him D |ivi of Limi ditit dan cau»noveuoutc“ImatmadAugusu;the ing nl o lure earl erag stab be I unui has time the part late live corn folic who; 74; 45; i 1 wen durl the sho\ fact are port of c repr indi.shel:op in the In u shor is simor Tl 190,( with whitfigut be a com;wasin ItherstatihavefieldprossentforfarntheNebpurefeeddealthislittlSaglt;TlcspeindfdurinccctheTlt;ndnherestat.sele*H. . nor vote hylanlrM con, Bill’ Wes Ilia und« to sPt bees shot no |W men rad i
Newspaper Details
Waterloo Semi Weekly Courier
Waterloo, Iowa, US
Tue, Aug 13, 1901
Page 5
Full Page
Clipped by
Johnathan B.
IA, USA 17 Apr 2017
Other Publications Near Waterloo, Iowa
Iowa State Reporter
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Waterloo Evening Courier
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Illustrated Atlas of Black Hawk County Iowa
