Salt Lake Telegram | 1907-02-26 | Page 5 | Indian Marriage Case is Decided on Technicality

INDIAN MARRIAGE CASE IS DECIDED ON TECHNICALITY WASHINGTON, Feb. 26. Rut for the fact that the case of Mary L. Kalyton aaralnst Agnes Kalyton was decided on a technicality, the Supreme court of the United States would have been compelled yesterday to deal with the validity of marriages and divorces among Indians in accordance with their own customs. The case comes from Oregon and Involves the contest of a sister of Joe Kalyton. a Ca-yuse Ca-yuse Indian, against the right of his daughter. Agnes, to land allotted the father on1 the Umatilla reservation. The contest is based upon the fact that Kalyton Kaly-ton and the child's mother lived as husband hus-band and wife according to Indian customs. cus-toms. The Oregon State Supreme court upheld, the legitimacy of the child, and awarded to her the father's property. Justice Harlan, who delivered the opinion, dealt with all these questions, but failed to decide them because 1e held that the Oregon court was without Jurisdiction. He therefore practically dismissed the case.