The Tomahawk., 1922-05-04
The Tomaawk White Earth Minnesota Thursday May 4th 1922

inconvenience anu heavy SAPSii"S w
the general public having business at
said agency; that plaintiff is inform
ed and believes and therefore alleges
upon information and belief, that the
c Commissioner of Indian Affairs has
instructed the Agent at White Earth
to make arrangements for the leasing
of buildings at Cass Lake for the use
of the agency, or for the use of the
agency and it's employees, and the IN
stallation of vaults and other mn
provements necessitating the eNpen-
diture of very large sum of money,
to wit, approximately $4,000; that
said Commissioner of Indian Affairs
and the Secretary of the Interior in
| tend to and will, unless restrained by
order of this Court, pay the costs of
| the removal of said agency, the rent
ing of quarters and all improvements
in connection Herewith and the cost
of maintenance thereof out of the
trust funds of the Indians, in which
plaintiff and all other memers of said
class similarly situated have an in
terest, without authority of law
therefor, to the great and irreparable
injury of plaintiff and all other men,
hers of said class similarly situated.
10. Plaintiff further represents
that he. plaintiff, and all other men,
bers of said class similarly situated
for and in whose behalf this suit is
filed, have no plain, complete and ade-
quate remedy at law.
| The premises considered, plaintiffs
pray:
(a) That copy, subpoena, and all
proper process issue directed to the
defendants. Albert Bacon Fall, Secre-
taIy of the Interior; Charles n.
Burke, Commissioner of Indian A.
fairs; William Spry, Commissioner of
the General Land Office, and Andrew
w. Mellon, Secretary of the Treasury,
commanding them and each of them
| to appear on day certain to be
named therein and answer fully, but
not under oath, (answer under oath
being expressly waived), the exigen-
cies of this bill.
90 That upon preliminary hear
ing the defendants, Albert Bacon Fall,
Secretary of the interior, and William
Spry, Commissioner of the General
Land Office, be restrained and enjoin-
ed by proper order Of this Court,
pending final hearing from approving
| for patents or issuing patents to any
of the lands described in the sixth
paragraph of this bill as "swamp or
overfowed lands;" that upon final
hearing said injunction be made per-
petual. and that mandatory injunc-
ton issue directed to each of said de-
PENDANTS requiring them to efface or
cause to be effaced from the maps and
records of the surveys of said lands
all designations or notations classify
ing or describing any of said lands as
| Swamp or overf1owed.'
(c) That upon preliminary hearing
the defendant, William Spry, Com
missioner of the General Land Office,
be restrained and enjoined pending
final hearing from approving for pat
ent or issuing patents to any OF the
lands classified as "agrlcultural
lands" and described in the seventh
paragraph of this bill, until the
entrymen have fully paid the purchase
price of $1.25 per acre therefor, and
said money has been deposited in the
principal fund standing to the credit
Of all the Chippewa Indians in the
State of Minnesota; that upon final
hearing said injunction be made per-
petual
(d) That upon preliminary hear
ing William Spry, Commissioner of
the General Land Office, be restrained
and enjoined from approving for pat
ent, or issuing patents for any of the
lands classified as "pine lands' under
the agreement of 1889, and described
in the eighth paragraph of this BILL to
settlers under the homestead laws at
$1.25 per acre; that upon final hearing
said injunction be made perpetual,
and that mandatory injunction issue
requiring said defendants to offer all
of said lands classified as "pine lands
from which the timber has been re-
moved and which remain unpatented
for sale at public auction to the high
est bidder, under proper regulations.
(c) That upon preliminary hear.
ing Albert Bacon Fall, Secretary OF
the Interior, be enjoined and restrain
ed from withdrawing or expendlng
any of the funds arisin" under the
Act of May IS, 1916, from the sale OF
timber from the Red Lake Forest, as
set out in the last part of the ninth
paragraph of this bill; that upon final
hearing said injunction be made per-
petual, and that a mandatory injunc-
ton issue directed to the defendant
Andrew w. Mellon, Secretary Of the
Treasury, requiring him to transfer
all funds received from the sale OF
timber on the Red Lake Reservation,
as set out in the last part of para.
graph nine of this bill, and deposited
under the Act of May Is, 1916, "to
the credit of the Red Lake Band" to
the trust fund standing to the credit
of call the Chippewa Indians in the
State Of Minnesota" that a man
datory injunction issue directed to the
defendants, Albert Bacon Fall, Secre-
tary of the Interior, and Charles n.
Burke, Commissioner of Indian AT.
fairs, requiring them and each of
them to open all lands on the Red
Lake Indian Reservation las set out in
the ninth paragraph Of this bilD for
allotment purposes, and requiring
them and each Of them, their agents
and servants, to permit any Indian
entitled to an allotment out Of said
lands under said agreement of 1889
to select the land to which he is en-
titled as an allotment and requiring
said defendants and each of them to
;ccue fo apv cuch Indian a Datent for