IN THE UNITED STATES DISTRICT Circuit COURT IN AND FOR THE NORTHERN DISTRICT IOWA
Lelah-Puc-ka-Chee and Ta-Ta-Pi-Cha,
Plaintiffs
vs
W, G, Malin, Agent of said Sac
and Fox Indians and G, N, Nellis Superintendent
of U,S, Indian School at Toledo Iowa
Defendants}
REPLY AND AFFIRMATIVE
DEFENSE OF THE PETITIONERS
TO ANSWER AND RETURN OF
DEFENDANTS FILED HEREIN
TO HIS HONOR O ? P, Shiras OF THE UNITED STATES DISTRICT COURT IN AND FOR THE NORTHERN DISTRICT OF IOWA,; GREETING,;-
FIRST COUNT,;-
Your petitioners in the above entitled matter and cause; respectfully aver and allege in reply to the answer and return of said defendats filed to the petition for a writ of habeas-Corpus herein, That your petitioners expressly deny the sufficiency of said answer or return and further expressly deny the sufficiency of the law and testimony to justify the defendants or either of them in holding or restraining the petitioner, Lelah-Puc-Ka-Chee, of her liberty and away from her husband; That these petitioners further expressly deny each and every allegation in said answer and return. Except as hereinafter admitted, Admit defendants were agent and Superintendant as alleged Admit appointment of W,G, Malin guardian by the Tma District court of Iowa; Petitioner, Ta-Ta-Pi-Cha, admits he and other Indians opposed said School and sending of Lelah-Puc-Ka-Chee thereto; Admit they refused to recognize the authority of the said Agent Malin and said Superintendent, of said School G,N, Nellis, Petitioners admit the report of the marriage of the said Lelah-Puc-Ka-Chee, as a matter of fact and that the defendants herein, each had full knowledge thereof.
SECOND--COUNT,
Your petitioners for additional affirmative defense and reply to said answer and return of said defendants filed herein further respectfully allege; That the petitioner, Lelah-Puc-ka-Chee, has no father living; That from about the first of January, A,D, 1898 to and until her marriage as heretofore alleged, She lived with and remained under the care, protection and control of her mother Na-WAu-Kee-Kee, and with and as a part of said Indian Tribe on said reservation, That her said mother, Na-Wau-Kee-Kee is still living, That twice prior to her said marriage she had been taken by force and violence from her said mother, Tribe and reservation and against the will and consent of her said mother and self, and forcibly placed and enrolled in said United States Indian School at Toledo Iowa by the defendants herein; That the said defendants, each, well knew, before said petitioner was ever forcibly taken and enrolled in said School; That the said mother, Na-Wau-Kee-Kee resisted and refused her consent,; That the defendants,each further well knew that, before they ever enrolled the said petitioner, as a pupil in said School; That they had not complied with the United States laws and statutes and the acts of Congress, by first procuring the consent of said mother and parent of said petitioner and first filing the same with Indian Commissioner as by law and the acts of congress in such cases made provided before attempting to place an enroll said petitioner in said School. Your petitioners further expressly aver that defendants wilfully and purposely used force and violence to unlawfully and purposely, defeat and disregard the frequently and verbally expressed objections and active opposition of said parent and mother and Tribe, from the beginning in forcibly taking and enrolling your petitioner as pupil in said United States Indian School at Toledo Iowa contrary to law in such cases made and provided.
