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Dickinson, Stark County, North Dakota
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In Oklahoma Territory, Judge Green ruled that an Indian boy forcibly placed in a Chicago Indian school must be returned to his parents due to procedural violations. The Commissioner of Indian Affairs views the decision as harmful to schools and plans to appeal, affirming parental custody rights for Indians.
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WASHINGTON, Sept. 28. The commissioner of Indian affairs has received a copy of the recent opinion by Judge Green, of the district court of the territory of Oklahoma, restoring to his parents an Indian boy placed in the Indian government school at Chicago by Indian office officials. The father of the boy began habeas corpus proceedings to secure possession of his son who, under an act passed at the last session of congress, had been compelled to attend the school. Judge Green held that as the Indian officials had not issued, as required by the rules and regulations to compel the attendance of Indian children at the schools provided for them. The retention of the boy contrary to the will of his parents was illegal. The effect of this decision is regarded by the commissioner of Indian affairs as likely to prove prejudicial to the schools, and it is the intention to carry the case to a higher court. The judge in his examination took the ground that the right of the parent to the custody of his children belonged to the Indian as well as to the white man.
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Domestic News Details
Primary Location
Territory Of Oklahoma
Event Date
Sept. 28
Key Persons
Outcome
indian boy restored to his parents; case to be appealed to higher court
Event Details
Judge Green of the district court of the territory of Oklahoma issued an opinion restoring an Indian boy to his parents after habeas corpus proceedings; the boy had been placed in the Indian government school at Chicago by officials under a congressional act compelling attendance, but without required procedures; retention was deemed illegal, affirming parental custody rights for Indians