The Tomahawk., 1917-04-05


of system of free schools among
said Indians, in their midst and for
their benefit; and at the expiration
of the said fifty years, the said per-
manent fund shall be divided and
paid to all of said Chippewa Indians
and their issue then living, in cash,
in equal shares; PROVIDED, That Con-
qress may, in it's discretion, from
time to time, during the said period
of fifty years, appropriate, for the
purpose of promoting civilization and
seIf-support among the said Indians,
portion of said principal sum, not
exceeding five per centum thereof
The trust thus created was vested
trust and it is beyond the power even
of Congress to change or alter it's pro-
visions After the passage of the Act
of 1899 providing for the disposition
of the lands and creating the trust out
of the proceeds derived therefrom,
Congress by two separate acts threw
open a part of the lands to public en-
try under the Homestead Laws. The
Court in u S. VS.. Mile Lac Indians
229 U. S. at PIP. 500, SO, held that this
was beyond the power of Congress
and that even Congress could not
change or alter the conditions of the
trust created. The Court said:
"As before stated, the lands not
within the proviso were disposed of,
not under the act of 1889, but under
the general land laws; not for the
benefit of the Indians, but in disre-
gard of their rights. This was clear
ly in violation Of the trust before de-
scribed, and the Indians are entitled
to recover for the resulting loss.
In principle it Is as if the lands had
been disposed of conformabIy to the
act of 1889, and the net proceeds
placed in the trust fund created by
Sec. 7, and the government then had
used the money, not for the benefit
of the Indians, but for some wholly
different purpose. That the wrong
full disposal was in obedience to di-
rections given in two resolutions OF
Congress does not make 1t any the
less a violation of the trust. The
resolutions, unlike the legislation
sustained in Cherokee Nation VS..
ed. 1873, 100, % Sup. Ct. Rep. 115,
and Lone Wolf VS.. Hitchcock, 1877
u. S. 553, 564, 56S, AZ L. ed. 299, 305,
OUt, Dup. ". IVY. ALO, WIZ INV
adopted in the exercise of the admin
istrative power of Congress over the
property and affairs of dependent
Indian wards, but were intended to
assert, and did assert, an unqualified
power of disposal over the lands as
the absolute property of the govern
ment Doubtless this was because
there was misrepresentation of the
true relation of the government to
the lands, but that does not alter
the result"
In Morrison VS.. Lane, Secretary, de-
cided April 10, 1916, the D. G. Court of
Appeals said with reference to the dis
position of said trust funds:
I'm approaching consideration of
this question, we must bear i'm mind
that this fund is a part Of trust
fund in the control Of the United
States to the credit of these Indians
minnesota VS.. Hitchcock, 1876 u. s.
373, 394), and that the expenditure
thereof must be in accordance with
the provisions of the trust. United
States VS.. Mile Lac Chippewas, 229
u. S. 49,
The words "Indian Service in Mime
sofa" as used in the proviso, to-wit:
THAT not to exceed 100000 of
said amount, and the one-fourth in
terest on the tribal funds Of the
Chippewa Indians of Minnesota now
to their credit in the Treasury to be
used for the maintenance of free
schools, shall be used for the COM
pensation of employees in the Indian
Service of Minnesota except for ir-
regular laborers, and that the said
Chippewas shall receive the prefer
ence in filling permanent positions
in the service of thte Chippewas of
Minnesota where the compensation
is paid from their tribal funds
have no relation to the permanent In
dian service of the United States en-
braced within the Civil Service, but
relate only to the additional and spe-
cial service, which the Secretary in
"his discretion" was authorized to Gre
ate and pay for out of the s1S5,OOO,
and to the special and exclusive SER
vice for the maintenance of
"a system of free schools among
said Indians in their midst and for
their benefit
definitely fixed by Section 7 of the
act of 1889 creating the trust. Any
other construction would render the
entire provision unconstitutional and
void. BY Section of the Act of 1889,
supra, creating the trust, it was ex-
pressly provided that one-fourth Of
the annual interest money should be
devoted exclusively to the estab-
Ishment and maintenance of sys-
tenn of free schools among said Indi-
ans in their midst and for their ben
eft"
That created a vested trust which was
beyond the power of Congress to
change or alter. The provision in the
act, to-wit:
THAT the one-fourth in
terest on the tribal funds Of the
Chippewa Indians of Minnesota now
to their credit in the Treasury to be
used for the maintenance Of free
schools, shall be used for the COM
pensation of employees in the Indian
Service in Minnesota"
if held to near that this interest
money can be used exclusively for the