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![handle is hein.amindian/priswo0001 and id is 1 raw text is: [No. Sz-Second Series-3oo.]
INDIAN RIGHTS ASSOCIATION,
709 Provident Building,
Philadelphia, April I5, 1909.
Imprisonment Without Trial.
For the infurmation of our members and the general
public, we give below a decision recently rendered by the
Arizona Supreme Court in the habeas corpus proceedings
instituted by this Association on behalf of certain Navajos
who were imprisoned, as we contend, without warrant of
law, by the arbitrary action of the Commissioner of Indian
Affairs. We also append a reply by Dr. Grammer to the
article in The Outlook of Jan. 30, 1909, by Hon. F. E.
Leupp, Commissioner of Indian Affairs, defending his
Law or no Law method of dealing with the Indians. as
enunciated by him at the Lake Mohonk Conference in
October, 1908.
This matter was taken up by the Association because it
was believed to be one of fundamental importance in deal-
ing with Indians. We contend that the Indian is a person
within the meaning of the Constitution and cannot be de-
prived of his liberty without due process of law. The
court of first instance, in Arizona, denied the application for
a writ of habeas corpus. The Association appealed the case
to the Territorial Supreme Court, where a unanimous opin-
ion was rendered reversing the lower court. The Depart-
ment has P.nnounced. its intention of appeaiing from this
decision, and the case may yet be arguted in the United
States Supreme Court Under these circumstances, while
the matter may not be regarded as finally settled, it is
deemed proper to acquaint our members with the case as
far as it has been developed.
Reproduction by Permnmission of Buffalo & Erie County Public Library Buffalo, NY](ViewImageLocal?handle=hein.amindian/priswo0001&div=1&collection=&method=preview&ext=.png&size=3)