The Tomahawk., 1919-04-24


by the language used in the proviso
and by the explanation thereof made
to the Indians that the principal fund
was only to be encroached upon from
time to time, for the
purposes of promoting civilization and
self-support," and that the pharse
promoting civilization and selfsup.
port" meant what the commissioners
said it meant, namely, that the fund
would be drawn upon Tin case OF the
failure of crops or any unforeseen mis-.
fortune" that might befall them.
There was no mention of the possible
use of the funds in defraying the ex.
penses of governmental agencies
which had always Heretofore been
borne by the United States, and Meth.
er the Indians nor the commissioners
supposed such a contingency to be
possible. The rule governing the con-
struction of this agreement is stated
in Minnesota v. Hitchcock, 1855 U. s.
at 1856, as follows:
1.-The language used In treaties with
the Indians should never be construed
to their prejudice. How the
words of the treaty were understood
by this unlettered people, rather than
their critical meanings, should form
the rule of construction
"'And in Choctaw Nation vs.. United
States, 119 U. s. l. %:
The recognized relation between
the parties to this controversy, there.
fore, is that between a superior and
an inferior, whereby the latter is
placed under the care and control of
the former, and which, while 1t author.
ICES the adoption on the part of the
United States of such policy as their
own public interests may dictate,
recognizes, on the other hand, such
an Interpretation of their acts and
promises as justice and reason de-
mand in all cases where power is ex-
erted by the strong over those to
whom they owe care and protection.
The parties are not on an equal foot
ing, and that inequality is to be made
good by the superior justice which
! looks only to the substance of the
right, without regard to technical
rules framed under a system of mu-
nicipal jurisprudence, formulating the
rights and obligations of private per-
sons equally subject to the same
law"
That the United States authorities,
like the Indians, understood that the
funds received from the sale of the
property were not to be used for gen.
eral agency or general administrative
purposes, conclusively appears from
what for many years thereafter tran
spired. The act of March 2, 1889 (25
Stat, $50, 993, 995, 999), made specific
appropriations out of the public
Treasury for the salary of the agent
at the White Earth Agency, for agency
employees and for support and civiliza-
tion of the Indians on the White Earth
and Red Lake Reservations. Similar
! specific appropriations out of the pub.
lie Treasury for agency" and. "sup.
port and civilization" purposes were
carried in each appropriation bill
down to and including the act of
March 3, 1909, as will appear from
an examination of the following bills:
Act approved August 10, 1890 (25
Stat, 1886, 1897, 339, 351).
Act approved March 3, 1891 GIG
Stat, 9S9, $50, 992, 1000.
Act approved July 13, 1892 (27 Stat
100, 1872, 123, 134).
Act approved March 3, 1893 (27
Stat, 612, 613, 615, 627).
Act approved August Is. 1894 (2s
Stat. 2s6, 2SS, 2S9, 3O2).
Act approved March 2, 1895 (2S
Stat. S7s,. 1878, $50, S91).
Act approved June 10, 1896 GO
Stat, 331, 1888, 1886, 1887. ....
| Act approved June Z, 1897 $50
Stat, 81, "a, sc, To. .-'.-r. -. IL
Act approved July l, 1898 GO
Stat, ST., 573, SIS, 5S4-5).
Act approved March I, 1899 go
Stat, 924, 925, 926. 92S, 93O. "
(This last year an agency at Leech
Lake was created, and the salary OF
the agent fixed at $1,000 year, for
which an appropriation was made out
Of the public funds, i'd, $3.50
Act approved May 81, 1900 ga Stat,
at 222.3). .. ..-. 49,.
| Act approved March 3. 1901 (s1 Stat,
1O5s). .s. H.. 49,.
Act approved May 81. 1902 (32
Stat, 245-6). ......... -.
Act approved March 3, 1903 (32
Stat, 1927. H. 3, ...
Act approved April 81, 1904 ga
Stat. 1897. -a.@ ~ ~.
Act approved March 3. 1905 (3a
Stat, 104S). Ea 81. ~
Act approved June q, 1906 ts4 Stat.
1857. -. Pa
Act approved March 1, 1907 ga
Stat, 1879. 3 .~
Act approved April 80, 1908 (s5
Stat, 7O.
Act approved March 3. 1909 cas-
Stat, 1917. r.
BY all these acts the United States
clearly recognized It's. obligation to de
fray all the expenses Of its agencies
out Of the public funds.
/ T.. Hon0 Tho Cow. o. SnUop 80 sH11o0