The Tomahawk. [volume] (White Earth, Becker County, Minn.) 1903-192?, 1919-04-24

overflowed in the construction OF dams
and reservoirs on Lake Winnebagosh-
ish. Cass Lake, and Leech Lake reser-
vations, to be divided in the same man.
ner as the compensation for losses
and damages above referred to, ana
to be paid in cash, per capita, fifty
three thousand six hundred and thirty
| dollars" -
| It does not appear from the infor-
nation available to the General Coun-
Gil or its attorney that any of said
claims have ever been paid.
The Remedy. =,
The facts should be ascertained and
an appropriation secured from Con-
gress sufficient to discharge all of said
obligations due by the United States
to the Chippewa Indians together Wi.!l
interest thereon to the date of pay
ment. ~" 81 * 4< =.
(b) The Erroneous Patentfng Of
Part of the Trust Lands to the State,
of Minnesota. -.-f ~.
In making the surveys authorized
by the act Of 1889 the Land Office,
probably upon the assumption that the
ceded lands had become the absolute
property of the: United States, listed
between 1,0OO,0 900 and 100000 acres
as swamp land. Much of the land 40
designated could not properly have
been so classified. The State of Min
nesota, acting upon, the assumption
that the land was the public land Of
the United States. asserted title TO all
of the land designated on the surveys
as Swamp or ''overfowed," upon the
assumption that the State was entitled
thereto under section 2490 u. S. r. S.
Section 249O u. s. r. s. was part of
the act of March ~, 1860, which ex-
tended the provisions of the swamp
land act of September 20, 1850, to the
! State of Minnesota with the follow
ing expressed limitation: THAT the
grant shall not include any lands
which the government Of the United
States may have sold or disposed of
under any law, enacted prior to March
H. 1860, prior to the confirmation Of
title to be made under the authority Of
said act" ..,
Prior to March IL, 1860, the United
States had disposed of these lands to
the Chippewa Indians of Minnesota,
and by the act of January IA, 1889, as
ratified by the Indians, all of the lands
not needed for allotment purposes
were coded to the United States in
trust, all of which the law declared
should be classified either as pine or
l - nd f0 Hn c01H 0r1
disposed of and the proceeds placed
in the Treasury of the United States
to the credit of the Indians. There
fore no rights of the State of Mime
sofa could or did attach to any of the
lands coded to the United States I'M
der the agreements of 1889. The De-
partment, however, mistakenly reoog-
nized the claim of the State of Min
nesota and enormously patented to
the State between 100000 and 100000
acres of the trust property, much>Of
which was covered with valuable
stands of timber. The greater por-
ton of the land SO patented to the
State of Minnesota was sold and dis
posed of by the State, a complete
record of the sales being shown by
the State records which are now avail
able. Between 100000 and 100000 ad-
ditional acres remained to be patented
to the State. The Chippewa Indians,
through their; General Council, finally
succeeded, after long and strenuous
effort, in inducing the Department to
suspend further issuance of patents to
the State and to inquire further into
the matter, with the result that the
further issuance of patents was sus-
pended and the Department, or its
Indian Bureau is now negotiating with
the State officials for an adjustment
of the matter. The General Council,
however, is being kept in the dark
as to these negotiations. As It was
! directly responsible for the suspen-
sion of patents to the State and for
the negotiations now going on be-
tween the Department and the State
authorities for settlement for the
lands enormously patented to the
State, it's officers feel that before any
final arrangements are made by the
Department with the State authorities
tives of the Chippewa Indians Of Min
nesota should be- consulted, particu-
larly as any settlement should require
ratification by the General Council or
the Chippewa Indians individually.
The only information they have been
able to obtain with reference to the
negotiations now being conducted is
from the State authorities.
The Remedy. \ :
An act of Congress should be passed
declaring in emphatic language that
none of the lands coded by the IN
dams under the act of January II.
1889, were subject to the provisions Of,
Section 249O u. 8. r. s., and author
izing the Secretary of the Interior to
arrange, If possible, by negotiations
with the State authorities Of Mime
sofa for the repayment to the United