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
-The Sacred Buffalo Vision by Robert J. Juneau and Robert C. Juneau
pg.129
No comments:
Post a Comment