Page:The Green Bag (1889–1914), Volume 04.pdf/521

 488

every killing of a human being, without the authority of law, by stabbing, shooting, poi soning, or other means, is either murder or manslaughter, in the first, second, or third degree, according to the intention of the person perpetrating the act, and the facts and circumstances connected with each act. If the killing is done intentionally or with premeditated design, the convicted person must suffer death by hanging; if done with out design to effect death, or by culpable negligence, the term of imprisonment is not less than two years. Abortionists are im prisoned for not less than two or more than ten years; seconds and medical advisers in prize-fights, where death occurs, are deemed guilty of manslaughter. Rape is punished by imprisonment from ten to twenty-five years, and the ravishment of female chil dren is punished by hanging. From five to fifteen years is the imprisonment for arson; and if death results from. the fire, death is the prospective fate of the one convicted. "Marriage and divorce are now subject to law with as much strictness as in the States. No marriage can be contracted while either of the parties has a husband or wife living, or between persons of a kin nearer than first cousins; and a heavy penalty is inflicted on any who join minors in marriage without the consent of their parents. Divorces are regulated by law, and are adjudged for adul tery, imprisonment for three years, for wil ful desertion or neglect for one year, for extreme cruelty or habitual drunkenness. The Cherokees as a people have always favored temperance, and have an effective prohibitory law on the statutes. The United States law lays a penalty on any white man or Indian who brings liquor across the line of the Territory, for any purpose whatever. The Cherokee laws lay a penalty upon the sale of any liquor after it is brought into the country. "So," said the lawyer, " you see that the Cherokees are a law-abiding people; and their laws must certainly be looked upon

with interest and respect by all civilized nations of the world." "How about the enforcement of law? " I queried. "The judiciary system is divided into Supreme, Circuit, and District Courts. The Supreme Court consists of three judges, one of whom is selected by a joint vote of the National Council as Chief-Justice. "The power of the Supreme Court is about the same as the power of a similar body in the States, — the decision made has the force of law. The judges have and exer cise exclusive criminal jurisdiction in all cases of manslaughter, and in all cases involving punishment of death; this court also has exclusive jurisdiction of all cases instituted to contest an election held by the people, and brought before it as provided by law; they have power to award judgments, order de crees, and to issue such writs and processes as they may find necessary to carry into full effect the power vested in them by law. There are three judicial circuits, — the Northern, Middle, and Southern; and one judge is elected for each circuit. The cir cuit courts have jurisdiction in all criminal cases, except those of manslaughter, and cases involving directly or indirectly a sum exceeding one hundred dollars, and all civil suits in which the title to real estate or the right to the occupancy of any portion of the common domain shall be at issue, exceeding one hundred dollars. There is also a dis trict court for each district, for trying of all criminal cases, whether felonies or misde meanors, involving the sum of one hundred dollars or less." "Then you have a jury system? " I said. "Yes; but no man is allowed as a juror who is under twenty-one years of age, nor any person who may be under punishment for misdemeanor; and no member of the legislative or executive departments, or any commisioned officer of the nation, officiating clergyman, physician, lawyer, public ferry man, school-teacher, or one older than sixtyfive years, is compelled to serve as juror or