The Tomahawk., 1922-05-04

that they were told by SAID Commls-
sioners, as will appear from the offic-
l.ial records of the negotiations n. r..
Elk. Doc. No. FAT, 51st Cong, LIST Ses.,
at p. SS, that said proviso meants
"In case of the failure of crops
or any unforeseen misfortune here
is storehouse of money to be
drawn upon for your wants..
That the Indians understood from
this explanation of the Commission
ers that the principal fund was only
to be encroached upon in the event OF
the failure of crops or other untor-
seen misfortune that might befall the
Indians, and that the United States
is bound by the Interpretation placed
upon said proviso by its own Officers
which induced the Indians to enter
into said agreement, and winch ex-
PLANTATION is in conformity with the
reasonable meaning OF SAID proVlso,
| which shows on its face that the prln-
cipal fund was to be encroached upon
only for extraordinary, and unusual
unforeseen contingencies and not TOR the
purpose for which express provision
was made in said agreement. Plain
tiff further represents that the pub
lie schools of the State Of Minnesota,
which the Chippewa Indian children
are now attending and for which said
appropriation is to be used in the
payment of tuition, are part of the
free public school system OF that
State; that under the laws of the
State of Minnesota every Indian child
residing in a public school district IN
said State is entitled to admission to
the public school without any cost
whatsoever, and that the parents OF
every such child are required by pos
| tive law, under heavy penalty, to see
to it that their child or children, OF
school age, regularly attend the pub,
lie schools, that said appropriation OF
| $46,570, is pure gratuity out OF the
trust fund to the public school system
of the State of Minnesota and in vlo-
lation of the plain terms and provls-
ions of said agreement, without any
additional benefits or advantages
whatsoever to any Indian child, and
that if tuition payments for Indian
children attending public schools in
Minnesota was required or necessary
under the State laws, the money being
illegally paid under the contracts
with the mission schools would be
abundant to pay said tuition charges.
Plaintiff represents that said appro-
priation is in violation Of the express
terms and provisions of the trust UNI
der which said trust funds are being
held in the Treasury of the United
States, in violation of the Fifth
Amendment to the Federal Constl-
tuition and is unconstitutional, null
and void, and that there is no author.
ity under the laws of the State. OF
Minnesota for any officer of any school
district in Minnesota to enter into
contract for the payment of tuition of
Indian children residing in any school
district and attending the public
schools, nor no authority of law for
the. receipt by any officer of money.
under any such contract, the laws OF
said State requirino the school otflc-
ials to admit said children to said
schools free Of charge, but that the
Secretary of the Interior will, unless
restrained by order of this Court,
withdraw from the principal trust
fund said $46,570 and use the same IN
the payment Of tuition for certain In
dian children attending certain pubic
schools in the State of Minnesota, to
the great and irreparable loss and in
jury of plaintiff and all other mem
bers of said class similarly situated.
L..
that pursuant to a governmental pol
lev then long established the United
States in 1889 and for many years
Heretofore maintained. and had main
tanned agencies among the Chippewa
Indians in Minnesota and had always
defraved the expenses of maintaining
said agencies out of the public funds
of the United States; that by section
7 Of the agreement of 1889 the partlc-
ular expenses to be paid by the lndi-
ans were expressly enumerated, and
that no provision is found in said
agreement for the payment of any
agency expenses at any time out OF
the funds of the Indians, that for
more than. 20 years after said agree,
ment became effective the United
States betrayed all the expenses of it's
agencies maintained by it in pursuant
to it's governmental policy, including
all agencies in Minnesota, out OF the
public moneys; that by an Act approx
ed March 3, 1921, Public No. 359, Goth
Congress, making appropriations for
the current and contingent expenses
of the Bureau of Indian Affairs, etc,
for the fiscal year ending June ~,
1922, it was provided
'The Secretary of the Interior
is authorized to withdraw from
the Treasury of the United
States, in his discretion, the sum
of 100000, or so much thereof
as may be necessary. of the prln-
cipal sum on deposit to the credit
of the Chippewa Indians in the
State of Minnesota, arising under
section of the Act Of January
IA, 1889, entitled AN Act for the
relief and civilization of the
Chippewa Indians in the State of
Minnesota and to use the same
for promoting civilization and
self-support among the said lnd1-
ans and exclusively for the pur-
pose following: Not exceeding
$4,000 of this amount may be ex-
pended for general agency pur-,
poses at the. White Earth, Red
Lake, and Leech Lake Agencies
Plaintiff represents that the author,
ity for the withdrawal of the 100000
and the expenditure of $4,000 there