The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-11-24
!. B. BIG 81 Y SUIT Il
A Bad River Chippewa Wants the
Money Due Him on His
d, Timber.
The Agents Are Allowed to Deal It
- Out $40 at a ~.
Time.

Building, W<shington. ..s -. -.
Washington, Nov. 24.-The question of
the right of the government to control
the financial affairs of Indian allottees to
the extent of limiting payments to be
made to such allottee of funds derived
from the sale Of timber on his allotment
Is to be decided by the COURTS The ques-
ton is presented in suit brought last
Tuesday by John B. Bigboy. a Chippewa
Indian of the Bad River, or La Pointe
reservation in Wisconsin. Bigboy seeks
to compel the secretary of the interior and
| the commissioner of Indian affairs to di-
ect the agent at that place to counter
sign his check for the full amount of
money deposited In bank to his credit, the
proceeds of the sale Of timber from his
allotment. Under regulation of the de-
partment the agent is empowered only to
countersign such check for a sum not
greater than $40 a month. 4.
| Under certain laws and regulations pro-
mulgated by the president In 1894 John
BigbOy became possessed of eighty acres
Of land in what is known as the Bad
| River or La Pointe Reservation. At the
time. of"the PRONUNCIATION it. was directed
that the Indians should be allowed to
sell. and they were authorized to sell, on
stumpage, all timber, standing or fallen, to
Justus S. Stearns, of Ludington, Mich.
The president also directed that the pro-
ceeds from these sales, less the neces-
sary expenditures, should be deposited in
a national bank by the Indian agent, sub
ject to the check of the Indian whose
land was sold, such checks to bear the
cOunterSign of the Indian agent before be-
ing hOnOred. ..4 70,
In accordance with this order John Big
boy entered into a contract with Justus
S. Stearns on March %, 1894, for the sale
of the timber on the eighty acres Of lands
belonging to him. and Justus removed
such timber and paid over to the Indian
agent the money agreed to be paid. The
contract between the petitioner and JUS
tus was approved by the Acting Commits
sioner Of Indian Affairs before it went into
effect and before the money for the sale
of the lands had been paid in. This money
1t is alleged, amounts to about $1,245. 05.
and was placed in bank, as directed, by
the order of the president, to the credit
of the Indian agent.
Bigboys petition sets forth that he re-
peatedly asked the Indian agent to coun-
tersign his check for the full amount of
the deposit, but that the agent refused
on the ground that such action on his part
would be contrary to instructions re-
ceived from the Indian Bureau. The Pc
t1tioner then addressed a letter to his at
torney in this city, Jackson H. Ralston
and requested him to see the commission
err of Indian affairs and the secretary of
the Interior in an effort to obtain an or
to countersign the check mentioned and
permit the petitioner to get the money.
Mr.. Rafston did as requested, and re-
ceived from both the secretary Of the in
| terror and the commissioner Of Indian af-
fairs statement as to the condition Of
affairs in the Bad River reservation. AS
sistant Secretary Ryan, Of the interior de-
! partment. investigated the case, and for
Warded to Mr.. RalstOn a copy of the
| recommendation Of the acting commits
| sioner of Indian affairs in the matter
| This recommendation was to the effect
that 1t had been the practice Of the bu-
reau to permit the Indians having money
in bank to withdraw it at a rate not ex-
ceed1ng $40 q month. unless the Indian
agent at the point where, the Indian de-
string to make the withdrawal lived. Gould
satisfy himself and the department that
the Indian desired to use the money for
some investment or was in any way cap
! able of taking Of his own affairs AS
| a result Of inquiry into the present case,
! 1t was recommended that action of the
agent in withholding the money of John
Bigboy be approved and no further steps
! be taken in the matter
A decision in favor Of the Indian plain
| tiff in this case will result in the release
of large sums now held by agents in var
! 1ous parts of the country under the regu-
lations mentioned It will also prevent
the government from protecting the In
dams against themselves, for it will re-
| suit In a mandate practically compelling
! the purchaser of timber from an allotme nt
| to pay the purchase money to the Indian
direct, and, If he is 1mprovident, as most
Indians are, he can spend it in a short
! time, and will then have to be cared for bv
| the indian bureau, or become a public
charge. w. w. Jermane.