The Tomahawk., 1917-04-05

Minnesota, and thus tho Chippewa
trust funds are being expended for the
use and benefit of other Indian tribes.
This, I submit, is, and has been for
years, a wrongful use Of the trust
fuods of these Indians, is in violation
of law, and is involving the United
States in obligation for future pay
ment, which is expressly prohibited by
positive law.
2. The Exclusive Jurisdiction Of the
Civil Service Commission.
BY the Act of January 16, 1883
(22 Stat, 403), the Civil Service Com
mission was created and it's jurisdic-
ton expressly limited to employees I'm
the public service of the United States.
That jurisdiction has never been en-
larged. The only provisions of the
regulations of the Civil Service Com
mission that expressly relate to the
Indian Service are Section of Rule z
and Subsection G of Section l, Rule
II, which are as follows:
whenever the separate office OF
Indian agent shall be discontinued in
any agency, and his duties devolved
upon the superintendent of the
training school, the agent may be
made a classified employee at such
school or agency upon such test or
fitness as may be determined upon
by the Secretary of the Interior and
the Commission
Any employee in the classified
Indian Service may, with the ap-
prevail of the Secretary Of the In"
terror, be promoted without exami-
nation to the position of superin-
temdent of an Indian school, upon a
statement of the Commissioner OF
Indian affairs that the employee pos
sesses the requisite business and
executive qualifications to fill the po-
sition, and the commission will on
such statement issue the necessary
certificate.'
BY express provisions of law, Civil
Service employees are paid from the
public moneys appropriated by Con-
gress. Therefore any person in the
Civil Service and under the jurisdic-
ton Of the Civil Service Commission
is a United States employee and re-
ceives his salary or compensation d.
rectly from the public moneys appro-
priated by Congress. The Civil Ser
vice Commission has no jurisdiction
over any other person or Office.
3. The Provision of Law in Question.
In addition and supplemental to the
United States Indian service on the
Chippewa Reservation in Minnesota,
Congress by the Act approved May IL,
1916, which was the Indian Appropri-
alton Bill carrying the appropriations
for the fiscal year ending June 80,
1917, gave the Secretary of the 1nte-
rior the following authority as recited
in the Act:
"The Secretary of the Interior is
hereby authorized to withdraw from
the Treasury Of the United States,
at his discretion, the sum of $780,
900, or so much thereof as may be
necessary, of the principal sum or
deposit to the credit of the Chip
pewa Indians in the State of Mime
sofa, arising under SECTION seven OF
the Act of January fourteenth,
eighteen hundred and eighty-nine,
entitled can Act for the relief and
civilization of the Chippewa Indians
in the State of Minnesota" and to
use the same for the purpose of pro-
noting civilization and self-support
among the said Indians in manner
and for purposes provided for in said
Act: Provided, That not to exceed
100000 Of said amount, and the one
fourth interest on the tribal funds
of the Chippewa Indians of Mime
sofa now to their credit in the Treas
ury to be used for the maintenance
of free schools, shall be used for the
compensation of employees in the
Indian Service in Minnesota except
for irregular laborers and that the
said Chippewas shall receive the
preference in filling permanent po-
sitions in the service of the Chip
pewas of Minnesota where the COM
pensation is paid from their tribal
funds; Provided further, That not
less than $4,000 Of said amount of
$1S5 900 may be used to furnish en-
ployment to the said Chippewas in
building roads and making other
improvements upon the Chippewa
reservations in Minnesota for the
benefit of the said ChippeWas, and
$4,000, or so much thereof as may
be necessary, to establish an cleo.
CFlC uSuL pant dl Iuc w uiIS EIal IA
Agency, the boarding school there
and the village of White Earth, Min
nesota, said plant, or it's proportion
ate share of expenses to be main
tanned by the residents of White
Earth village under such rules and
regulations as may be prescribed by
the Secretary of the Interior
The expenditure of the $1S5,O0O was
by express provision of the act made
dependent upon the needs Of the In
dams, thus excluding the idea that
any part of it was to be used for the
payment of salaries of permanent gov
eminent employees in the classified
service, or that the continuance or
discontinuance of the Indian service,
so far as it related to the Chippewa
Indians, was dependent upon this ap-
preparation. But if this were other
wise, the expenditure Of this money is
limited by the terms and conditions
of the trust creating the fund and out
of which the money is to be expended.
Tho trIst was creata6 nv the Act of