Peters v. Malin

Citations

• 111 F. 244
• 1901 U.S. App. LEXIS 4374

Syllabus

<p>1. Jurisdiction of Federal Courts—Federal Question—Action Involving Rights of Tribal Indians.</p> <p>The foundation of an action for false imprisonment is tbe fact that , such imprisonment was brought about by the issuance and enforcement of void or irregular process; and where the plaintiff is a tribal Indian, and the wrong complained of is his arrest and imprisonment under process issued by a state court, for the violation of a state law to which it is alleged he was not subject, the issue whether such process was void or not, depends primarily upon questions arising under the laws and treaties of the United States, and a federal court has jurisdiction of the action.1</p> <p>2. Indians — Authority of United States over Tribal Indians — Reservations.</p> <p>The Indians of the Sac and Fox tribe residing in Tama county, Iowa, on lands purchased by them with the consent of the state, and held in trust for their benefit, are tribal Indians, and their lands constitute a reservation under the control of the United States in all matters pertaining to the domestic relations of such Indians. Such'right of control in the general government arises from its relation to all the tribal Indians, as such, and is not dependent upon the title to the land upon which they reside.</p> <p>8. Same—Sao and Fox Tribe in Iowa—State Jurisdiction over.</p> <p>A court of the state of Iowa has no jurisdiction to appoint a guardian for the persons of minors of the Sac and Fox tribe of- Indians who reside on the reservation of the tribe in Tama county; and an order making such an appointment, and directing the guardian to place and keep his wards in the industrial school established by the United States, thus removing them from the reservation and from the immediate control of their parents and relations, was void, and conferred no authority upon the guardian over such minors.</p> <p>4. Same—Criminal Statutes of State.</p> <p>The state of Iowa, by Act February 14, 1896 (Acts 26th Gen. Assem. p