Albuquerque citizen. [volume] (Albuquerque, N.M.) 1907-1909, 1907-12-11
CATHOLIC MISSIONS
MAY USE INDIANS
MONEY
This Is the opinion Handed
Down by the u. S. Court
Of Appeals.
DECISION ONE WHICH
HAS BEEN LONG PENDING

Wahsington, ID. c., Dec. 1.-THE
court OF appeals of the District of
Columbia has handed down its opin-
ion in the so-called Indian tribal
and treaty funds" case, involving the
use of those funds for the education
of Indian children in the mission
schools of the west. The decision
sustains the contention, made before
the interior department for a de-
cade, by the bureau of Catholic In
dian missions, of which Cardinal
Gibbons of Baltimore is chairman,
that the tribal and trust funds could
be used for the education of Indian
children in the mission schools.
In 1900 the policy of paying out
of public funds for the support and
education of Indian children in mis-
sion schools was finally discontinued
by congress the first legislation look
ing toward that end having been en-
acted in 1895. AS early as 1898 the
bureau of Catholic Indian missions
petitioned the secretary of the inter
ior to grant a contract for the sup
port and education of Menominee In
dian children, payable out of Memo
minee Indian tribal funds, the con-
tention being that such funds were
not public funds Of the United States,
but funds of the Indians.
Bliss Opposed Move.
The petition was denied by Secre-
tary Bliss, who ruled that 1t was
impossible under the law, to use the
money of the Indians for this pur-
pose"
By virtue of this ruling the case
was looked upon as closed. When
Father Ketcham came TO Washing
ton to take charge of the bureau in
1900. he made an effort to prevail up
on the executive to permit the 'use of
Indian tribal money for the sup
port and education of Indian chill
dren in mission schools. He met with
no encouragement, but finally, under
President Roosevelt. secured a con-
suited in the granting of contracts
for certain mission schools payable
out of the funds of this nature.
The granting of these contracts by
the president was the occasion of
much criticism from certain quarters.
The president, however, remained
firm as TO the altitude he had taken,
should continue 50 long as congress
or the courts did not decree other
wise.
Test Case Is Filed.
As congress declined TO legislate
adversely to these contracts, a test
case was introduced into the courts.
The Indian Rights association, un-
der the cover of the names Of three
Sioux Indians, Reuben Quickbear,
Ralph Eagle Feather and Charles
Tackett, filed a petition in the su-
preme court of the District of Co
lumbia for an injunction TO restrain
the commissioner Of Indian affairs
from making contract with the st.
Francis mission school, on the Rose
bud agency, in South Dakota.
The Sioux tribal funds are of a
twofold character and consist of trust
funds deposited in the United States
and of treaty funds appoint
ed annually by congress in fulfill
ment Of treaty stipulaions. Justice
Ashley NJ. Gould Of the supreme
court OF the District Of Columbia
handed down an opinion In the case
some time ago, refusing the injunc-
ton so far as the trust funds were
but granting it as 10 the
treaty moneys.
Cross Appeal Taken.
A cross appeal was taken to the
court of appeals for the District of
Columbia and the case was heard be-
fore Justice Shepard, Associate JUS
tice Robb and the late Associate Jus
tice McComas. The decree of that
court, which has just been rendered,
afiirms the decision rendered by the
lower court as to the trust funds, but
reverses It as to the treaty funds, |
and orders the dismissal Of the in