The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-05-05
IN Re SECS.
10 AND 50
T. -. ..' ~ ..c.
Supreme Court Decides That
Minnesota Is Not En-
titled to Them.
Special to The Journal.


Washington, May 5.-The supreme court
to-day decided that the state Of Mime
sofa is not entitled to sections 16 and SO
in the ceded Indian reservations. The
case has been pending in court since the
beginning of the last term. : The opinion
was delivered by Justice Brewer. & -.
The case Is entitled State of Minnesota
VS.. F. A. Hitchcock, secretary of the in
terror, ct al. 1t was brought at the in
stance Of State Auditor Dunn to enjoin
Of the land Office from selling any of Sec
ton 16 and So in what was, on Jan. a.,
1889, known as the Red Lake Indian res
ervation. Mr.. Dunn claimed these sec
5tions under the school land grant.
In argument before the court the ques
ton of jurisdiction was raised by the
government, but it was decided to-day in
favor Of the state. In passing on the
merits of the claim the, court held:
| 1t is true that congress does not, by the
section making the school land grant, either
! in letter or In spirit, bind itself to remove
| all burdens which may rest upon the lands
belonging to the. government within the state,
| or to transforn them from their existing
status to that, of, public lands, strictly SO
3called, IN order that the school grant may OPP
crate upon the sections named 1t is, O!
course, o#be presumed that congress will act
| in good faith, that it will not attempt to i'm
pair the scope Of the school grant, that 1t in
tends that he sac shall receive he particular
sections or their equivalent in aid Of its public
schools. 30 80 VT: Fl y ..... " :
The act OF January "a, 1889, provided for 4
| commission TO negotiate for, the cession an6
| REIMBURSEMENT Of as much Of the White; Earti
and Red Lake reservations as in the judgmen
Of the commission should be required to sat
! isfy all the al1ottments required by the acts
| the coded lands to be divided into two classes
one appraised and sold at auction and th,
other disposed OF to- actual settlers at 81
per acre, The proceeds were to be placed Il
the treasury at, five per cent interest and tn
interest to be expended, three-fourths in cas]
to the Indians and one-fourth to educationa
purposes among Indians. The cession wa
not to the United States absolutely, but il
trust, s- s ~. =
Now it is contended that this Legislation
Il through dealing with, lin terms, all the unal
loted lands Is subordinated to prior promise Q
the government to grant sections Is and
TO the state for school purposes. Argument
in favor Of it. both these founded in the tech
meal rules OF statutory construction and thos
: based upon the long established policies Q
he government in respect to both the Indian
, and public schools, are presented by the coun
ell for the state with exceeding force and abil
;, ity. NotwitAstand ding this we are constraine
| to believe; not only from technical rules c
statutory construction but also from the gen
, eral scope of legislation IN these natter
that the policy Of the United States in respei
to public schools and also to the Indians a
wards OF the government concur in sustain
ing the contention Of the government ths
;; none OF Theses ceded lands passed under th
: school grant to the state.
81 A decree will be entered IN favor {
defendants. Diminishing the bill. -.
Justice Gray took no part in the deci
sion because Of illness, otherwise 1t wa
j. unanimous.