Hide Article Text (OCR)
STATUS OFINDIANSTo b* Sitllid bjr Trials lit United Statss Court.Noted Musquaklo Casts to bo Hoard in Octobsr.Trlbo is Noted as Most UnprogrtS'sfro of all Indians.Des Moines, Aug. 12.—The celebrated Indian eases from the Tama reservation are now set for trial in the United States district court for the northern district of Iowa at the coming October term before Judge Shims. These eases involve questions which do not often come before the courts in loiva and some questions which appear not to have been passed on by the courts here or any place else. The whole question of the relationship of the United States government to the Indian tribes with whichihe government has made treaties will he entered upon and especially as applied to a ease, 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 m fee simple and are in a large meas-uic independent of the government and of the state.TROUBLOUS TRIBE.The status of the Musquakie In-•lt;|ians or remnant of the once populous Sac and Pox 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, eountry 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 their former Iowa homes. As there was no government land in large tracts at that, time they were given permission to return to Iowa on condition they would, buy their own land and give up their 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 jsm-htuvts they now have a farm of £ bout 3,000 acres. Originally the Indians placed the title to this farm in the governors of Iowa in trust for the benefit of the tribe, hut this involved the state in more or less troubles with the Indians and a few ybars ago the state gave control of the farm to the Indian bureau, so that the tribe might be brought under the general laws fii regmadon of Tnoans. Previous to this time however, 13:e iir.r,iJ'..Ys had been restored to (he lowa branch of the Pacs and Foxes, at the instance of merchants and traders liymgju that part of the state, who wanted the profit from trading with Indians.REBELLIOUS OLD CHIEFS.The Musqiijakie Indians in Iowa are noted as the most backward and reactionary of any of the Indians of the United States. They own a magnificent farm, which they cultivate in part Disease, and the rents from this, with the annuities, give them a comfortable income, but they maintain their tribal relations, practice polygamy in a modified form, live in. tepees rather than houses, wear blankets and dress as did 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 rebelied 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 the 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 of the Indians live, and be 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 J$st the Indians were paid. Their chiefs had madethe United States government, the sum of $CO,lt;)O0. 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 are not subject to the laws of Iowa; that Agent Rebok, without warrant of law and in violation of the rights of the tribe, performed certain damaging acts between the years 1890 and 1897; that he wilfully, unlawfully and contrary to the constitution and laws of the United Stales 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 his own arbitrary creation, a renegade preparatory to the abuse of their tribal property rights, and further unlawfully tools: possession of the greater part of their lands, rents 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 Slates and existing treaties with said tribal Indians, and unlawfully converted the rents and profits thereof to his own use and benefit. These rents are represented to be the value of ?36,0()0. The suit is brought for 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 defend-! ant, and, this having been, done, the case has gone on the docket for a hearing. The Indians are represented by a firm of able attorneys and the ease 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, in attempting to control the Indians and enforce attendance at school, resorted to the state courts and in some instance procured letters of guardianshipfor Indians. This resort to state authority was resisted by the Indians, in «'ome minor suits brought by them in 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 the 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 loiva delegation in congress will ask-for immediate legislation affecting the status ofthese Indians in lowa. The conditionof 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 some Questions upon which national legislation is likely to be needed.Hoad Will bo fndopondinf.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 roan was completed, and citing in proof of the statement that the Central engine was being used for track laying, is 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 the whole business is in the hands of the construction company. The engine and crew are hired from the Central company by the Globe Contraction, 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-avale and distinct organizations, each working independent of the other and the repeated reports that the Centra! vas back of the new road are without the 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 of 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 hut a few weeks to complete the track laying to the Hawarden branch of the C. N. W„ as the grade is pretty well completed to that point.Jail Dilivary at Oskaloosa.Oskaloosa, Aug. 12.—I-larry Davis, known as the “diamond . thief, has broken jail and is still at liberty. He sav/ed several iron bars across withfi saw mnrlfx.fmm a niA.r.A nf staaI usAd
Newspaper Details
Waterloo Semi Weekly Courier
Waterloo, Iowa, US
Tue, Aug 13, 1901
Page 5
Full Page
Clipped by
Anonymous
IA, USA 27 Nov 2019
Other Publications Near Waterloo, Iowa
Iowa State Reporter
Waterloo Daily Reporter
Waterloo Evening Courier
Waterloo Courier
Illustrated Atlas of Black Hawk County Iowa
