Monday, February 16, 2015

The Sacred Buffalo Vision by Robert J. Juneau and Robert C. Juneau pg.129

We are informed that only two or three employees of the probate division have ever had any practical experience while others are not attorneys, while most others become such while employed with the division. The practice of permitting the adjudication of property rights often involving a hundred thousand dollars or more, to rest upon the discretionary judgment of a civil service employee is a travesty of justice, yet Indian property rights rest upon just such basis. The Indian Office fully understands that any unscrupulous person can succeed in any case before the Department by simply using any and all unethical practices, such as attempting subordination of perjury, enticing witnesses from hearings, bribery and attempted bribery. The so-called “probate court” absolutely lacks judicial ability which necessarily endangers every probate proceeding had before it. When one considers the human frailties which experience has shown will be gathered together under a mere Civil Service appointment, he will realize what little weight can be given judicial proceedings. So offensive and derogatory is the Indian Service “probate court” to the general judicial system of the United States, that we respectfully pray for either an Executive Order immediately suspending the function of the Probate Division of the Indian Office or Congress should enact a remedial legislation to relieve the situation, in order to establish a “real” judicial system. The contention of the Indians is that contrary to the 1896 Agreement/Article Five and in full violation of that agreement, Congress now assumes to dispose of those reserved tribal lands without the consent of the Indians.”
-The Sacred Buffalo Vision by Robert J. Juneau and Robert C. Juneau  
pg.129

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