Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-02-03
Judge Barnards Orders Issu-
ance of Writ of Mandamus
IN FAVOR OF BIGBOY
INDIANS SUIT AGAINST SECRE-
TARY OF THE INTERIOR.
Total of $4,000 Involved-Money
Alleged to Be Withheld by
the Government.

Justice Barnard OF the Supreme Court OF
the District of Columbia has placed on file
his written opinion in connection with the
proceedings instituted by John B. Bigboy,
an Indian Of the La Ponte band and living
In the La Pointe or Bed river reservation,
IN Wisconsin, for writ of mandamus to COM
pei the Secretary of the Interior and the
commissioner Of Indian affairs to pay to
him certain moneys deposited, or standing
60 his credit, in the Northern National Bank
OF Ashland Wis.
Justice Barnard holds that the act of pay
ment Of the money that figures In the case
TO Bigboy-that Is to say. the countersgning
of his check, Is a ministerial duty which
the Indian agent has no right, under the
law, to refuse; that the Secretary of the
Interior and the commissioner of Indian
affairs have made the Indian agents act of
refusal theirs by directing it, and assuming
responsibility for it; that Bigboy is citi-
zen, with all the civil rights Of citizenship,
so far as relates to property lawfully al
lotted to him, subject only to such condi-
lions and trusts as may have been expressly
named in the allotment, patent or contract
of sale; and that, therefore, the writ of
mandamus should be issued as prayed in
the petition.
The decision is regarded as Of considera-
BILE importance, inasnuch as about $40, 600
said to be held by the Indian bureau from
several hundred Indians, Is said to be in
volved. The case was argued on behalf of
Bigboy by Attorneys j. H. RalSton and
Chester Howe. and on behalf Of the govern
ment by Mr. H. HI. Classic assistant United
States attorney for the District of Column
bia-
Bigboy Owns Land.
Bigboy Is the owner of eighty acres of
land, allotted to him under the treaty dat
ed September 80, 1854 The land had valua-
BILE pine timber growing on 1t. The Presi-
dent caused certain regulations to be pro-
mulgated, for the sale of the timber on their
respective allotments. by the Indians, I'M
der the supervision Of the Indian agent for
the La Pointe agency. 1t was stipulated
that the net proceeds of the sales Of tim
Der were to be deposited in some national
bank subject to the check of the Indian
owner of the allotment. countersigned by
the Indian agent. The timber on Bigboys
land was cut, and the proceeds, amounting
to several hundred dollars. were paid by
the purchaser to the Indian agent, in trust
for Bigboy.
In his petition for writ Of mandamus Big
boy contended that he Is a citizen, and as
such Is entitled to have the proceeds OF the
sale Of his timber paid to him at once in a
gross sum- On the other hand. the Secre-
tary of the Interior and the commissioner
of Indian affairs claimed that nOtwith-
standing Bfgboy is citizen, ne Is still SUD-
Ject to guardianship, and in their Judgment
he Is and would be better taken care of by
receiving not more than SO a month, UNI
less special conditions required more. and
SO they directed the Indian agent to pay
Bigboy no more than 80 a month.
Justice Barnard's Comment.
eff the Indian is ever to lift himself into
the ranks of citizenship" says Justice Bar
nard, in the course of his opinion, The must
do so by assuming responsibilities; he must
be trusted to manage his own affairs, even
at the risk Of loss of property by unwise
investments or imprudent living. He can