The Tomahawk., 1903-04-09
AN ERRONEOUS RULING.

/
erson Of Crookston, '.'..o is the at
torney of certain claimants to allot.
! ments on this reservation, the Com
missioner of Indians Affairs, Whe
held that children born to White
| Earth annuitants after July %.
| 1900, are notentitled to allotments,
reiterates his former ruling. II
this connection the commissions
says:
| The provision Of the treaty oi
March l9, 1857, (16 Statutes, 71ol
as far as allotments are concerned
have been superseded by the aci
! of january IA, 1889, (25 Statutes
|642.) In your argument you fail
to quote correctly article of the act
above mentioned. You omit, aftes
stating that the act authorized the
President of the United States to
appoint commission, g., T0
negotiate with all the differanl
bands or tribes Of Chippewa Indi;
ans in the State Of Minnesota. "
The very important words, j,
''for the complete cession and rel
linquishment in writing OF all their
title and interest in and to all the
reservations Of said Indians ii the
State of Minnesota
By ommitting this part, you fail
to express the evident meaning
and intent OF the act, but seem to
imply that the queted passage
should be construed that the Indi-
ans of the White Earth and Red
Lakes reservations were not to be
negotiated with, except as relates
to the lands which we're actually
ceded. The passage as it stands
in the act does not bear out this
construction. The Indian Of the
White Earth reservation were
negotiated with, not Atone as re-
CARDS the four townships ceded, but
as regards the entire reservation;
and the acceptance Of the provi-
sions of the act constituted d new
agreement with them.'
We would suggest to the COM
missioner that he has also made
a very important ommission in ais
quotation Of Che act, which changes
it's sense very mate rialy and which
comes Immediately after the word
Minnesota and is as follows:
Except the White Earth and Red
Lake reservation, and SO much of
these two reservations as III the
Judgment of the said commission
is not required to make and fill the
allotments required by this and
existing acts, and shall not have
been reserved by the Commission
ers for said purposes and upon the
terms herein after stated;' With
this addition to the commissioner 's
quotations from the act the evid-
ent meaning and intent of the act
cannot be questioned, and it is
plain that it does not supercede
the treaty of 1867, but simply con.
firms some of it's provisions.
Whenever law is made to sup.
| ercede another it specifically re.
| peals it or that portion which
it intends to supercede. A care.
full perusal of the act of 1880,
does not show in any par.
ticular that it's intent is to re.
| peal the treaty OF 1857, or any
portion of it, but simply secures
certain concession from the Miss
issippi Chippewa Indians for whom
the White Earth reservation was
set aside by the treaty and confirms
the allotments made Hereunder
These concessions are confined tt
the right of the Chippewas who
are living on the ceded reservation
to take allotments of land in sev'
crafty on this reservation.
The rulings of the interior de
| partment have been obviously con
Trajectory in relation to the status
of this reservation, and the right.
/ Of fbo ChippeUaS of the MlSSlS