The Tomahawk., 1922-05-04
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filling the allotments to the members
of the Red Lake Band in quantity and
manner as provided in the Act of Jan
uary ID, 1889, and the Commissioners
in their official report dated December
rs, 1889, and appearing in H. R. Elk.
Doc. No. PAT, 51st Cong, LIST Ses., at
p. Is, state:
The Red Lake Reservation,
which they code to the United
State, contains 3,26O,O0O acres.
The number of Indians occupying
the same is 1,168.
"The boundaries of the dimin-
ished reservation, from which al
lotments to the Red Lake Chippe-
was are to be made, are as fol-
lows:
(HERE Lows DE
SCRIPTION OF ABOUT 7OO,-
900 ACRES.)
*This is larger than they will
eventually require, but as there
are swamp and other untillable
lands therein, it can not be re-
duced until after survey and al
lotment shall be-made"
Plaintiff further represents that
although the surveys were completed
Of the lands within, the reserved por-
served under said agreement solely
for the purpose of enabling the then
members of the Red Lake Band to Sc
lect suitable allotments in severalty
therefrom, that not an allotment has
been made to any member of said for
mer band although 80 years have now
elapsed, and Notwithstanding section
3 of the agreement expressly provided
that allotments should be made to the
members of the Red Lake Band as
soon as practicable by said Commits
sion after the census had been taken
and the cession and REIMBURSEMENT
obtained, all of which were completed
prior to March 4, 1890, and the Sec
rotary was given plenary power in the
event any Indian failed to take his
allotment within four years to allot
land in the name of any such Red
Lake Indian. Plaintiff further repre-
sents that said Commission was ter
minated by the Secretary of the In
terror in 1902 and by the Act approx
ed June 27, 1902 (32 Stats, 400, Sec.
s., it was provided:
"That the Secretary of the In
terror shall proceed as speedily as
possible to complete the allot-
ments to the Indians" (meaning
the allotments to the members Of
said Red Lake Band) (which al
lotments shall be completed be.
: fore~-@opening the agricultural
: lands to settlement"
Plaintiff further represents that the
agricultural lands were opened to
settlement prior to 1908 and that the
members of the former Red Lake
Band have been endeavoring for the
past 80 years to obtain their allot-
ments in severalty to which they have
been entitled at all times since the
agreement of 1889; that many of
those who were parties to said agree
ment and entitled to allotments of
land Hereunder have since died with
out receiving their allotments and
that their allotment rights have been
by the failure to obtain
same during their lives, thus depriv-
ing them and their children of prop
erty intended to be secured to them by
said agreement; that said reservation
has been held for the past 80 years as
a closed reservation excluding all
forms of development and improve,
ment and thereby denying to the for
mer members of said band citizenship
in the State and Nation, free public
schools, churches, highways, associ-
alton with white settlers and owners
and all those essential elements of
necessary to their proper
development and progress; that said
refusal to permit the members of said
band to take their allotments, and to
allot those who failed to so do has
prevented the 50-year trust period
from commencing to run and has
been arbitrary and capricious by
the said Secretary of the Interior and
the Commissioner of Indian Affairs
and has prevented the disposition of
The lands reserved. as provided by
said agreement of 1889, and has
caused the maintenance and continu-
alton of an agency, the expense of
which are now being il
legally paid out of the trust funds
belonging to all the Chippewa Indians
# Minnesota amounting annually to.
$4,000, and has in adj
lition thereto resulted in the unnec-
,ssary and illegal expenditure of more
han $2,5OO,OOO Of the money belong
ng to the trust funds of all the Chip
oewa Indians of Minnesota for the
are and support of said Red Lake
indians who would have been at all
lines self-sustaining had allotments
,een made to them as provided by said
agreement, thus reducing the princi-
,al tpust fund of all the Chippewa In
lians of Minnesota and into which the
let proceeds Of all property sold was
md is to be deposited, thereby reduc-
ng the amount to which plaintiff and
IL other members of said class simil-
lrly situated are ANNUALLY entitled I'M
Ter said agreement and in which they
lave vested interest, and likewise
educing the school fund for the edu-
alton Of the Chippewa Indian chill
lren and in which plaintiff and all
'ther members of said class similarly
situated have an interest for the ben
fit Of their children; and that the said
Secretary of the Interior and the
of Indian Affairs will,
and capriciously and with
'ut authority of law, unless command
ID by proper order of this Court, con-
inue to refuse to permit the said Red
AXE Indians to take their allotments
n severalty, to the great and ire