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EDlvtry Str-r«r—was r aEt-ne of / llv-iy, isi visit tbe a Dcslivelyployo1 thealsoCald-STATUS OF INDIANSTo bt Sittlid by Trials in United States Court.Notsd Musquaklt Casts to bo Hoard in Octobor. Tribo is Notod as Most Unprogros-sivo of all Indians.Des Moines. Aug. 12.—The celebrated Indian cases from the Tama reservation are now set for trial in the United States district court for the northern district or Iowa at the coming October terra before Judge Shl-ras. 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 any place else. The whole question of the relationship of the United States govern ment to tile Indian tribes with which the government has made treaties will he entered upon and especially a.) 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 m fee simple and are hi a large rneas-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 trlho 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. x\s 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 Carat in Tama county, Iowa, right on the line of the Northwestern railroad, and by making additional l'urchnsts they now have a farm of i kut 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, but this involved the state In more or less troubles vr’Jh the Indians and a few years ago the state gave control of the farm to the Indian bureau, so that the tribe might be brought under the general laws foi regn.alion of Imrans. Previous to this time however, Ifcc arif.il'.Vs had been restored to the Iowa branch of the i^acs and 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 Musquakie Indians in Iowa are noted as the most backward anil reactionary of any of the Indians of tbe 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 in a modified form, live In tepees rather thau houses, wear blankets and dress as did their ancestors and refuse to permit their children to attend school. To make it easier fo eDforcc attendance at school one was established at the agency, for the United States lias 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 lie undertook to compel attendance at school. He and the school superintendent entered upon a long and bitter contest with ihe 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 dopoeed by the agent and a chief brought from Kansas, where a few of 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 lQ8t the Indians were paid. Their chiefs had made a journey to Washington to sec 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 Shlras is one brought by Pa-Keo ka Ma-Qne, chief of the Sac and Fox Indians In low*,the United States government, tbe 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 arc protected by treaties with the United Slates; 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 IS30 and 1597; 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, nnd set over them a bogus or false chief of his own arbitrary creation, a renegade preparatory to the abuse of their tribal property rights, und further unlawfully took possession of the greater part of their lauds, vents and profits thereof; while ucting as such agent for malicious ami selfish and corrupt purposes and contrary to the constitution und laws, acts or congress of tbe United States aud existing treaties with said tribal Indians. aud unlawfully converted the rents aud profits thereof to his own use and benefit.” Those rents are represented to be the value of $30,000. 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 defendant. and, this having been doae, the case has gone on the docket for a hearing. The Indians are represented by a firm of able attorneys nnd Uie case will be pushed for all it is worth.PRINCIPLE INVOLVED.The peculiar thing about ail 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 the Indians and enforce attendance at school, resorted to the stale courts and in some Instance procured letters of guardianship for Tndinns. This resort to state authority was resisted by the Indians. In tome 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 Iowa delegation in congress will ask for immediate legislation affecting the status of these Indians In Iowa. The condition of affairs there cannot continue indefinitely. The ludians are a blot on the Iowa landscape and will continue to be unless there Is some Improvement iu their condition. The suits will therefore have a state-wide interest and settle some questions upon which national legislation Is likely to be needed.Road Wflf b« Indtptndint.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 roaa was completed, and citing in proof of the statement that the Central engine was being used for track laying, is received with considerable amusement l»y those in a position to know tbe 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 crow 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, lown FallsNorthern company are three separable and distinct organizations, each working independent of the other and the repeated reports that the Central vas hack of the new road are without ihe slightest foundation, as everyone knows who is on the ground and acquainted with the true fads 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 but 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 Dilivtry at Oskaloosa.Oskaloosa, Aug. 12.—Harry Davis, known as the diamond thief,** has broken jail and is still at liberty. He sawed several Iron bars across with n saw made from n piece of steel used in shoes to hold the sole in position. After he hod 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 tbe shirt front of Chas. McCullogh, during the recent Rlk races In ttal* city. This in. the second jail delivery within eightDCoi0kPnD of t croj croi cort of 1 himD givi of i timi dit.li dan cau? no veni outc*TmatmadAugusuitheingal o'lureearl;eragstabbe tunuihastimethepartlatelivecornful!uwhci74;■15; ;1 wert duri the sho\ fact are port of c repr indh she): opintheIn ushor is st monTi190,C with whit figur be acom;wasin Itherstatlt;havefieldprossentforfarrrtheNebpurefeeddealthisHttbSngtTlespeindi-durinccctheTt ran\ here stat« selet H. . nor vote by t anir.M con. Bill* Wes His und! to s:P« beca •hot no g' W
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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