The Washington herald., 1907-11-30

The Court of Appeals yesterday in
a lengthy opinion written by Justice
Wright decided that the Commissioner
of Indian Affairs could execute contracts
with sectarian schools for the education
of Indians, and could use for the pur-
pose both treaty and trust funds.
This decision was rendered on test
case brought by the Indian Rights AS
sociation on behalf Of certain Sioux In
dians Of the Rosebud Reservation, in
South Dakota, for an injunction TO re-
strain the Secretary. Of the Interior and
the Commissioner Of Indian Affairs from
entering into contract with the Bureau
of Catholic Indian Missions Tor the edu-
cation and maintenance Of Indian pupils
at the ST. Francis Mission Boarding
School.
Asked for Injunction.
An injunction was also asked to re-
strain the Secretary Of the Treasury
from paying any money to the bureau
on such contract.
Upon hearing in Equity Court No. .
before Justice Gould last spring the lat
ter granted an injunction enjoining the
Secretary and the Commissioner of In
dian Affairs from making contracts with
sectarian schools. payment from which
was TO DE from what are known as
treaty funds but he denied the iniunc-
ton as prayed for to enjoin the Com
missioner from devoting the funds known
as trust funds - holding that the in
come therefrom could be devoted to the
payment TO sectarian schools for the ed
ucation of Indian pupils. The main con-
tention Of the applicants Reuben Quick
Bear, Ralph Eagle Feather. and other
InGians-was that Congress. in an ap-
preparation act passed June :. 1887 de-
clared it TO be the settled policy OF the
government to hereafter make no appro-
priation whatever for education In anv
sectarian school"
The contract which the Indian Ripbts
Association attacked was for the educa-
ton Of about 100 pupils in the school men
toned. ard the amount Of money In
volved was about s27,O00 For many years
the Indian Bureau has entered into con-
tracts with sectarian schools throughout
the West at places where no government
school was maintained. and made nav
ment on fhese contracts from both funds.
the income from the trust funds contrib
uting but a small percentage of the total
expended The Indian Rights Associa-
ton has always opposed the Indian Bu-
reau, and finally took the matter into
court with the result given.
An Appeal Was Taken.
Following Justice Goulds decision. both
the Indian Rights Association and the
government appealed.
In the course Of the opinion. Justice
Wright. after reviewing the law creating
both funds and the authorities. stated
that the declaration contained in the act
or June Z, 1877, only applied to the money
appropriated in that act, and could not
establish the settled policy Of the gov
ernment and to have such settled pol
icy established it was necessary for each
succeeding Congress TO specifically enact
such proviso. The opinion also states:
The treaty and trust moneys are the
only moneys that the Indians can Law
claim to as a matter Of right-the only
moneys on which they are entitled 10
rely as theirs for education, and while
these moneys are not delivered to them
in hand, yet the money must not only
be provided. but expended for their ben
eft, and in part their education"
II IS also stated that 1t seems in
conceivable that Congress shall have in
tended to prohibit them from receiving
religious education at their own cost,
If they desired it; that such an intent
would be only to prohibit the free ex-
ercise Of religion among the Indians. and
such would be the effect Of the construc-
ton for which the eomplainants contend. d"
Result of Decision.
As a result Of the decision. unless the
case is appealed TO the United States
Supreme Court, the Indian Bureau viii
be able to consolidate the income from
both treaty and trust funds. and con-
tinue its practice, of many years stand
ing Of making contracts with sectarian
schools in several Western States and
Territories.
Assistant United States District At
tOrney Stuart Mcnamara represented the
government and Samuel VI. Brosius an
peared for the petitioner
Justice Wright, who is one Of the sIx
justices OF the Supreme Court OF tho
District. and who prepared the opinion
in the case, temporarily, took the place
on the bench made vacant by the, death
OF Justice McCOmas