Hide Article Text (OCR)
vere rate r Har-ur p resin u glue • idless on fifth of hird av-uth Sec* 1 friends iF.s I-ou-for Cas-sehooL ed at li)s. F. A. n, Maud own. AI-rtanck,Lattner,rst Eng-ith Missnrns\ A :SS niretainirtainin§ * pastor,ted somexnent of lis at'ter-\ing. 202ke paperear nape.ms sc»s-pin.rnocm nt lies have for nextneh, one ind n de-y all tle-ummuee. *e will bein this, riiatter is as to whether or not the federal court has jurisdiction • in cases of this kind. The case of Peters %•«. Malio, et al„ is an action for damages, alleged to have been caused by the unlawful prosecution of . the plaintiff, Janies Peters on a criminal charge under the laws of this state. Peters asked damages in. the sum of $S,GJG. The principal question involved in :the matter, there being no specific statute that confers jurisdiction upon the federal court on an Indian us plaln-tiiT. although generally under the1 law they have been treated as wards of the United States. Under the former ruling of Judge Sluras, however, he seems to take the position that the state courts have no jurisdiction.A similar case is pending against the former Indian agent. Horace Itebok, arid a .very interesting question will develop in this latter case from the fact that the plaintiff who Instituted the suit has died since beginning the suit. Should Judge. Shiras adhere to the ruling made in the habeas corpus case, heard some months ago In the case of .Le-la-pu-ea-che, in which he held the state courts hail no jurisdiction to appoint a guardian or administrator, he will be in the position of having a case pending in liis court without any authority of any court to appoint an administrator to prosecute the suit, for In common law upon the decease of a litigant the action does not survive. . Therefore if there is no authority to appoint an administrator from the state court, and Judge Shiras decides there is no such authority in the federal court, there would then be no one who would have authority to prosecute this suit in • behalf of the heirs of the deceased Indian.In the habeas corpus case. Matin and Nellis, as guardians of the Indian girl,I.e-Ia-pu-ea-che. were appointed her guardians by the stats courts, and under such authority took steps to compel her to attend the Indian school at Toledo. Habeas corpus proceedings were commenced to secure the release of the girl, from the school, and Judge Shlras in passing upon the matter, decided that the state courts had no authority to appoint a guardian for an Indian, and ordered the release of the girl.$♦♦♦S.unded.♦♦♦♦*♦♦♦♦♦♦DAY IN DISTRICT COURT.♦♦♦♦♦*article4♦♦*♦♦♦♦♦*The Riddle-Russell Case Goes to the JurJ at 4 O’Clock rn Afternoon.The case of S. S. Riddle vs. Edward Russell and Henry Clark, which was commenced before Judge Treichter in district court on Monday, %%*as not concluded until 4 o'clock yesterday afternoon. when the jury was instructed and sent out to deliberate on a verdict. This is z. controversy ever a note given by defendants lo Smyth Rros. and bought by the plaintiff. The case was tried in ISS7, was appealed to the supreme court, and sent back for another trial.Yesterday afternoon the follo%%*!ng additional jurors were drawn for this term:-Terserph Diask. Cedar Rapids.F. H. Kaupke. Cedar Rapids.Irwin Puts, Lisbon.Joseph St arm an. Cedar Rapids.Pres ion Grant. Cedar Rapids.X. IX Oyer, Fayette township.John Yanous. Cedar Rapids.K. T5. Cameron. Ceuar Rapids.II. M. Hamilton, Cedar Rapids.Tom Henderson, Coggon.William Lormison, May's Island. Frank Kelly. Troy Mills.A. M. Reynolds, Center Point. Grant McCreery. Troy Mills.Joseph Grouser. Marion.George Meyers, Lisbon.J. L. Elson, Fayette.F. H.^Gutaler. Troy Mills.J Hot biscuits and delicious coffee sex ♦i ed free this week at Tlten' Bros.Taege's. Re sure and see the Great 3 jestic Range.r _Wapsie Valley Fair, Sept 11. 13, 14. _ •: .■r. •: : •• v , I ,
Newspaper Details
Cedar Rapids Republican
Cedar Rapids, Iowa, US
Wed, Sep 12, 1900
Page 1
Full Page
Clipped by
Johnathan B.
IA, USA 21 Jul 2016
Other Publications Near Cedar Rapids, Iowa
Cedar Rapids Gazette
Cedar Rapids Republican and Times
Cedar Rapids Republican
Cedar Rapids New Cosmos
Cedar Rapids Cosmos
