369. Custody, Father.—A husband is entitled to the custody of his wife against her father, and where a son-in-law killed his father-in-law in resisting the latter from taking his daughter out of his (the son-in-law's) house, the court held that it could not be more than manslaughter; and if it were necessary to kill to protect and maintain his wife, the defendant was not guilty.[655] But for good cause and without malice a parent may advise his child to leave spouse.[656]
370. Corrective Authority, Services, Domicile.—In America a husband gains no right to corrective authority over his wife. He can neither whip her nor use abusive language to her. The same rule applies to the wife, as they stand equal before the law.[657] However, a husband is entitled to all the services of his wife and a promise to pay her extra for housework can not be [pg 198] enforced.[658] Also, the husband has the right to determine their place of domicile, and if the wife unreasonably refuses to accompany her husband, it is desertion, for which he may obtain a divorce.[659]
Chapter XXIX. Indians
371. Indians, Citizens, Wards.—There are a great number of statutory provisions concerning Indians, both in the United States statutes and in the statutes of the several States, most of which are not of great importance at the present time, as the Indians are confined to a few States. When they become citizens of the State in which they reside, their status is the same as other citizens; but so long as they remain in their tribal relations they are taken care of as wards of the Union.
372. Schools, Cemeteries, Churches.—In Oklahoma there are schools provided for them. When a tribe cedes 160 acres to the United States, it will give it a school for ten years, and as much longer as it deems necessary. Also, the Indians may have their own cemeteries, schools, and churches, where the Indians belong to the tribes, and they are allowed lands therefor.[660] In other States, under the general law, the money of Indian [pg 200] minors may be held in the treasury by the Secretary of the Interior and paid to parents and guardians in such sums and at such times as the Secretary in his discretion may determine.[661] There is no doubt that out of those moneys, parents might pay for their children at private schools.[662]
373. Inspectors, Duties.—Under the United States laws, inspectors are appointed to visit Indian agencies and investigate all matters concerning them and to examine all contracts and accounts with the Indians and make report thereon to the Secretary of the Interior. The contracts for support of religion, schools, and charitable institutions, come under their duties.[663]
374. President, Trades.—The President may cause Indians to be instructed in trades and agriculture and have them taught the elementary branches.[664]
375. Commissioner, School, Rations, Bible, Sectarian.—Another officer of great importance is the Commissioner of Indian Affairs, who has most to do with the education and schools of the Indians.[665] He may require parents and guardians to send children [pg 201] to school and withhold rations from them for failure so to do. Also, there is a fund under the control of the United States as trustee, with which he may make contracts for the education of Indian children at private schools.[666] However, the jurisdiction of the commissioner over Indian children does not extend to those off the reservation.[667] Among other provisions of the United States statutes is the following: “The Christian Bible may be taught in the native language of the Indians if in the judgment of the persons in charge of the school it may be deemed conducive to the moral welfare and instruction of the pupils in such schools.”[668] The Bible continues its position among the Indians, but appropriations for the Church are cut off by the following provision: “It is hereby declared to be the settled policy of the government to hereafter make no appropriations whatever for education in any sectarian school.”[669]