Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-23
ANSWER OF OFFICIALS
REPLY TO PETITION OF SEVERAL
SIOUX INDIANS.
Question Of Making Contracts for
Payment in Money to Sectarian
Schools Involved.

III COHHoCllOu with the proceedings lnSIl-
tuted in the Supreme Court of the District
Of Columbia by Reuben Quick Bear, Ralph
Eagle Feather and Charles Talkett, on be-
| half Of themselves and other members Of
| the Sioux tribe, Indians of the Rosebud
reservation. to prohibit the officials OF
the government from making or carrying
out contracts for the payment of moneys
to sectarian schools, the government Off
GERS have filed their answer, setting up
the facts and the law under which they
have acted, and submitted the question In
volved to the court. The answer was filed
through United States Attorney Baker and
Assistant United States Attorney Nc
Namara. The officers sued are Francis E..
Leupp, commissioner of Indian affairs,
and Secretary Of the Interior Hitchcock,
under whose department the Indian mat
tiers are administered. Secretary of the
Treasury Shaw, Charles H. Treat, the
| treasurer of the United States, and Robert
J. Tracewell. the controller, are also made
parties, and unite in the answer.
The bill of complaint set forth that
Mr. Leupp, the commissioner of Indian al
fairs, on behalf of the United states, mad
entered into q contract with the bureau
of Catholic Indian missions for the care,
education and maintenance during the MS
cal year ending June 30, 1906. OF 700 IN
dian pupils of the Sioux tribe at an in
dustrial school known as st. Francis Mis-
sion Boarding School on the Rosebud res
ervation. The contract called for the pay
ment to the bureau of Catholic Indian mis-
| sions of s27 per quarter for every pupil In
attendance, provided the total sum PAID
should not exceed SZ7 ,oOO.
Alleged Violation Of Law.
It was added that the bureau of Catholic
missions and also the st. Francis Mission
Boarding School was a Roman Catholic or
ganization and a sectarian school, and that
| the payment Of moneys of the government
to such institutions was in violation of or
ganic law and of the declaration of the
act of Congress of 1897 providing that:
'It is hereby declared to be the settled
| policy of the government to hereafter make
no appropriation whatever for education IN
| sectarian schools"
After the filing of the suit the government
| officials held up the payment of the $4,000
| until the question could be properly decid-
| ed although it was admitted that the mis-
| sion school had fulfilled It's contract IN
| their answer the government omclals give
| detailed history of the making OF the con-
| tract and of the different acts which have
been passed from time to time IN connec-
| ton with the education of the Indians by
| private institutions and for the payment of
| moneys of the government to such instltu-
| lions ever since the act of 1919 down to the
present day.
Recommended Decrease.
| In connection with the Indian approprla-
ton act of 1894, 1t Is averred, the then
! Secretary of the Interior, responding to
| request of Congress for Information on the
subject. stated that. while he agreed fully
| with those opposed to the use of public
,noney for s,nnort of the sectarian schools,
| w. ao,ernnnpt had To deal with the
e .it' to a nie feot and ought not at once
otoIish tbe scboois which had grown up
a az anoon,r,iSbad a sraat good bIt recom
anu doJ gaoraass fn the REORGANIZATION at
tha Ito of % Tar cent a YEAR.
'i T. 90 % ~ e. - ,ears II was stated the
r oa ia uo,',d decrease and finally
appio ~ eNist md on the other hand the
ce s, ~ 80 ,,a+har s+ransth without gov
so.soods 80 al GA In tbe suhseouent acts
e. aIlraearriations wera decreased at the
lne dppi an 10 - eab year until 1894
| Ia Se " ~ ~ Ell onnronriation was made.
WIZ" III az. ans nl- hpwever states that there
aNe or ai a.har f,nds known as tribal
ere s.,a Gel , .oi are not nuhIc moneys but
| h.ils1 W the indians and are expended
&c III henest Under the discretion of the
So.,rater,, of the Gntsrior These funds en-
Seo &c 1rbat ore known as trust funds. re-
p,nIo &C., acoass,on Of land and other
nrnnastv ~ nv the indians and a deposit of