Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-11-30
IN TIE COURT OF APPEALS
OPINIONS HANDED DOWN YES
TERDAY AFTERNOON.
Treaty Fund and Trust Fund Of
Sioux Tribe Of Indians Avail
able for Missions.

! The treaty fund of the Sioux tribe OF
Indians. as well as what is known as the
trust fund of that tribe, Is available for
use of the Catholic Indian mission In the
Rosebud reservation of South Dakota
according to the opinion of the District
Court of Appeals. handed down yesterday
AFTERNOON. The opinion, written by Mr..
Justice Wright of the District Supreme
Court. who sat as a member of the Court
OF Appeals when the case was argued.
ovarruled the judgment of the Equity
Court in so far as it enjoned the payment
to the bureau of Catholic Indian missions
from the treaty fund of the tribe. The
hndins of the lower court that the trust
fund was available for Catholic schools
among the Indians Is affirmed.
The two funds in question amount to
$4,000. of which $4,000 comprises the
trust fund and $4,000 the treaty fund.
The judgment of the lower court al
commissioner of Indian affairs and the
financial officers Of the government
against whom suit was brought, from
paving the Catholic bureau out of the
$4,000 fund. Suit was instituted by
Reuben Quickbear. Ralph Eaglefeather
and Charles Tacket, members of the Sioux
tribe. -,
The decision of the lower court was not
accepted by either side and appeals were
taken both in behalf Of the Indians COM
planning and the government. Justice
Wright, for the Appellate Court, directs
the dismissal of the bill.
Decision in Patent Case.
The Court of Appeals affirmed the opin-
ion of the lower court directing writ OF
mandamus to issue against Secretary of
the Interior Garfield. ordering him to de-
acres of land in Indian Territory. The
land comprises part Of the lands OF the
Choctaw and Chickasaw Indians and a
grant had been executed to her by the
principal chief of the Choctaw Nation
and the governor of the Chickasaw Ma
ton, but was withheld by order of Mr..
Garfield's predecessor, Ethan A. Hitch
cock. ..-..--
The court, in it's opinion by Chief Justice
Shepard, holds that the case depends on
the effect of certain acts of Congre 50
providing for and regulating the allotment
and disposition of the lands of the Choc-
taw and Chickasaw nations in Indian
Territory. 1t holds the statutes to be plain
and to admit Of no room for construction.
Believing" concludes the opinion, that
the Secretary's power in the premises
ended with the issue of the certificate of
he has no power to hold the patent for
cancellation and that it is his plain duty
to deliver it to the petitioner q, -.
Lower Court Affirmed.
The Court of Appeals also affirmed the
judgment Of the Supreme Court of the
District in the case of James r. Garfield.
Secretary Of the Interior, VS.. the United
States of America, ex rel. Jno. E. Colds
by, compelling, under mandamus, the Sec
rotary of the Interior to restore the
names of certain members of the Chicka-
saw Nation of the Five Civilized Tribes to
the roll of citizenship of such. 1t was
commended In the original mandamus p-o-
ceedings that the Secretary of the In
terror had erased the names of the petit
TONERS from the rolls, thereby depriving
them of certain privileges and interests in
lands and moneys.
Similar opinions were rendered In the
cases of James r. Garfield, Secretary of
the Interior, VS.. United States of America,
* rel. Ida Allison. and the case of Geo
Allison. these cases being governed by the
opinion In the first case, they being ex-
actly similar to the Goldsby case