The Tomahawk., 1922-05-04

dependent of all other bands Of the
Chippewa tribe of Indians, and fur
Their expressly declared that nothing
in that Act should deprive the Indians
belonging on the Red Lake Reserva-
ton of any benefits to which they
were entitled under the agreement of
1889. Plaintiff represents that the
lands referred to in said Act Of Febru-
ary 20, 1904, were not then, nor
have they at any time been the prop
erty of the United States; that they
passed to the United States under the
agreement of 1889 burdened with and
subject to all the conditions of that
agreement, and that it was not within
the power of Congress to confer upon
the Indians residing on said Red
Lake Reservation exclusive ownership
of the lands, within that reservation
which had been reserved under said
agreement solely for the purpose OF
permitting the members of the Red
Lake Band to select suitable allot-
ments therefrom, the residue to pass
to the United States under the terms
of said agreement as aforesaid, and
without any consideration to the
great body of the Chippewa Indians
of Minnesota therefor, and in the
funds received from the sale of said
land as provided by said agreement
plaintiff and all other members of said
class similarly situated have vested
interest, that said Act of February
20, 1904, in so far as it undertook to
change the terms and conditions OF
said agreement of 1889 to the loss
and injury of plaintiff and all other
members of said class similarly stu
ated is violative Of the Fifth Amend
ment to the Federal Constitution and
is unconstitutional, null and void.
Plaintiff further represents that by
an Act approved May 18, 1916 (39
Stats, at 1877, forest reserve,
known as the Red Lake Indian Forest,
was established out of part of the
lands within the limits of the dimin-
ished Red Lake Indian Reservation
and which lands were reserved for the
purpose and upon the terms herein
before stated; that by said Act provis-
ion was made for the sale and dispo
sition of the timber within the Red
Lake Indian Forest and the deposit of
the net proceeds in the Treasury OF
the United States to the credit of the
cred Lake Indians" which proceeds
were to draw interest at the rate OF
four per centum per annum, said IN.
terest to be used by the Secretary OF
the Interior for the exclusive benefit
of the "Red Lake. Indians" that by
the agreement of 1889 only lands
within the reserved portion of the
Red Lake Reservation, reserved for
the sole purposes and upon the terms
hereinbefore stated, suitable for agrl-
cultural and grazing purposes were
subject to allotment to the members
of the former Red Lake Band, and
that none of the timbered lands in
Guided in said Red Lake Indian For
est were subject to allotment and
that said timbered lands were by the
plain provisions of the agreement of
1889 to pass to the United States upon
the same express terms and conditions
as all other lands coded under said
agreement, the net proceeds received
therefrom to be placed in the Treas
ury of the United States to the credit
of all the Chippewa Indians in the
State of Minnesota, and which fund
was to bear interest at the rate of 5
per centum per annum, three-fourths
of which was to be annually paid to all
the Chippewa Indians of Minnesota
and one-fourth of which was to be
used in providing suitable school facil-
tiles for all the Chippewa children.
Plaintiff further represents that the
net proceeds received from the sale
of said timber cut from said Red
Lake Indian Forest amounts to ap-
100000, which funds
have been deposited in the Treasury
of the United States to the credit OF
the Red Lake Band and not to the
credit of "all the Chippewa Indians in
Minnesota" as provided in the agree
ment of 1889, and that the Secretary
of the Interior is now using the inter,
est annually accruing from said fund
for the exclusive use and benefit of
the members of said former Red Lake
Band; that the deposit of said funds
in the Treasury of the United States
to the credit Of the "Red Lake Band"
was an illegal diversion of said funds
which under the agreement of 1889
were to be deposited in the Treasury
of the United States to the credit OF
"all the Chippewa Indians in the State
of Minnesota" and that said Act of
Nav 10, 1916, in so far as it directed
the illegal diversion of said fund is
violative of the Fifth Amendment to
the Federal Constitution and is uncon-
stitutional, null and void, in that it
takes the property in which plaintiff
and all other members of said class
situated have vested inter,
est without due process Of law and
without just compensation therefor;
that the Secretary of the Treasury
will, unless required by mandatory in
junction, continue to retain said funds
in the fund standing to the credit of
the "Red Lake Band'' and that. the
of the Interior will, unless
restrained by order of this Court,
continue to deposit the net proceeds
received from the sale Of said timber
in the Treasury of the United States
to the credit of said "Red Lake Band"
and will continue to disburse the in
terest annually accruing upon said
fund exclusively for the use and bene-
fit of the members of said Red Lake
Band, to the great and irreparable
loss and injury Of plaintiff and all
other members of said class similarly
situated.
IN D1.:-4:H f,,y+bor roprocontS