IN THE UNITED STATES DISTRICT COURT IN AND FOR NORTHERN DISTRICT OF IOWA.
Ta-Ta-Pi-Cha & Lelah-Puc-Ka-Chee, Plaintiffs.
vs.
W. G. Malin & G. N. Nellis, Defendants. } Answer.
Ex. A. A.M.A.
Comes now the defendants herein. G.W. Malin and G.N. Nellis, and answering plaintiffs' petition for writ of habeas corpus state to the court:
1st. Denies each and every allegation contained in plaintiffs: petition unless hereinafter specifically admitted.
2d. Admits that W. G. Malin is the duly appointed and acting agent of the Sac and Fox Indians located on the Tama Reservation in Tama County, Iowa, and that said G. N. Nellis is the superintendent of and in charge of the Indian school on said Reservation.
3d. Defendant Malin was appointed guardian of the plaintiff Lelah-Puc-Ka-Chee by the District Court of Tama County, Iowa, but defendants deny that said appointment was secured through any faud or misrepresentation to the court, or otherwise. Defendants aver that the plaintiff Lelah-Puc-Ka-Chee is but sixteen years of age and at the time said W. G. Malin was appointed guardian, as aforesaid, the parents of said Lelah-Puc-Ka-Chee were wholly incompetent to care and provide for said plaintiff and that said W. G. Malin was appointed her guardian for the sole and only purpose of giving her proper care and education.
4th. Defendants further aver that under the laws of Congress and in accordance with provisions of the Rules & Regulations of the Commissioner of Indian Affairs, it is the duty of the agent of said Reservation and said superintendent of the Indian school to
insofar as possible secure the attendance at said school of all children between the age of five and eighteen years; that in pursuance of said Rules & Regulations the said plaintiff Lelah-Puc-Ka-Chee was induced to attend said school and is now attending said school; and so far as these defendants are able to discover is contented and happy and willing to continue in said school. Defendants deny that she is dissatisfied with her condition or, that she cannot eat or drink or that she is in any state of excitement or manifests any desire to return to her alleged husband or that she is suffering any injury either in body or mind on account of being a pupil in said school. On the contrary, defendants aver that said plaintiff is making progress in her education and is receiving much benefit in said school and that her attendance is necessary to, accomplish the education that is contemplated by Congress and the Indian Department in the established of the Indian school on said Reservation. Defendants further aver that they believe the fact to be that said plaintiff Lelah-Puc-Ka-Chee has not been married to the plaintiff Ta-Ta-Pi-Cha as alleged in the petition of plaintiffs but that said marriage is fraudlent and void, if any there was, and the same was entered into by said Lelah-Puc-Ka-Chee through fear and intimidation on her part and not of her own free will and accord. Defendants aver that Ta-Ta-Pi-Cha, and other Indians on said Reservation, are opposed to the Indian school thereon and use all their power and influence to prevent the Indian children from attending said school; and that Ta-Ta-Pi-Cha, and other Indians, have entered into a conspiracy to retard and interfere, in every way possible, with the progress of said school; and they refuse to recognize the authority of the Indian Agent W.G. Malin and the superintendent of said school G.N. Nellis. That through fear or misrepresentation of some one unknown to these defendants they induced said plaintiff Lelah-Puc-Ka-Chee to depart with them from said Reservation to parts unknown to these defendants and that upon their return they reported her marriage to the said Ta-Ta-Pi-Cha who was already an married man and whose wife is still living
Ta-Ta-Pi-Cha as these defendants believe, for no other purpose than as a pretense upon which to base this cause of action, their real purpose and design being to prevent her attendance at the school. These defendants aver the fact to be that there has been no legal marriage of Lelah-Puc-Ka-Chee and if they are permitted to prevail in this action that other suits of like character will be instituted based upon claimed and pretended marriages of the Indian girls which will result disastrously to the Indian school and thwart the purposes of the Indian Department in the establishment of said school.
WHEREFORE, defendants pray that the petition of plaintiffs may be dismissed and that defendants may have and retain possession of the said plaintiff Lelah-Puc-Ka-Chee now in the Indian school on said Reservation.
HG McMillan
U.S. Attorney.
STZTE OF IOWA,) ss.
DUBUQUE COUNY.)
I, W.G. Malin, first being duly sworn, on oath state that I am one of the defendants in the above cause and that I have read the foregoing answer therein and that the facts and statements therein contained are true, as I verily believe.
Wm G Malin
SUBSCRIBED and sworn to before me by the said W.G. Malin this 8th day of December, A.D. 1899.
AJ VanDuzee
(3)Ta-Ta-Pi-Cha
and
Lelah-Puc-Ka-Chee
Ptfs
vs
G.W. Malin
&
G.N. Nellis
Answer
Filed Decer 8. 1899 A J Vanduzee Clerk
