The Tomahawk., 1922-05-04

dams in their midst and for their
benefit" at the expiration of the said
fifty years the permanent fund was to
be divided and paid to all the Chip
pewa Indians and their issue then llv-
ing, in cash, in equal shares. Plain
tiff represents that the interest now
annually accruing on said principal
fund amouns to about S24O,O00, one
fourth of which under said agreement
is to be devoted exclusively to the es-
Establishment and maintenance OF
system of free schools in and amongst
the Indians; that there are more than
1000 Chippewa Indian children ot
school age and that if said school
fund was divided equally between said
children each child would be entitled
to less than SIS; that all of the Chip
pewa Indians of Minnesota, except
those residing on the Red Lake Reser-
walton who have not been allotted, and
numbering less than 1900 are citizens
of the United States and of the State
of Minnesota, the great majority OF
whom are taxpayers, that of more
than 1000 Indian children of school
age, approximately $500 reside in
established public school districts of
the State having ample school facll-
tiles for all children residing therein;
that the State of Minnesota main
tains a splendid public school system,
second to no state in the union, and by
it's laws the parent or parents OF ev-
ery Indian child within the limits of
the State is required, under heavy
penalty, to see to it that his, her or
their child or children of school age
are in regular school attendance dur
ing the school term; that the Commits
sioner of Indian Affairs with the ap
proval of the Secretary of the Inter-
Tor has entered into contracts with
the authorities of the St. Mary's Mis-
sion Boarding School located at Red
Lake, Minnesota, for the support and
education of approximately 100 IN
dian children. and with the authorities
of St. Benedict's Mission Boarding
School located at White Earth, Min
nesota, for the support and education
of approximately 100 Indian children
covering the present school year; that
there is now being paid out Of said
school funds to said mission boarding
schools for the support and education
of said children during the present
school year approximately $4,000, or
five-twelfths of the entire school fund
available for the education of all Chip
pewa children; that of about 12O
Indian children for whom contracts
have been so entered into with the
authorities of the St. Benedict's
Boarding Mission School, approx
mately 80 per cent are children whose
parents reside in public school dis
tricts whose homes are conveniently
located to public schools having am
pie accommodations for each of said
children, many of them residing in
towns where the school houses are
located within few blocks from the
homes of their parents; that many of
the children for whom contracts have
been made with the St. Benedict's
Boarding Mission School are similarly
situated, that said mission boarding
schools form no part of system OF
free schools under the direction OF
the Secretary of the Interior as au-
thorized by said agreement; that the
Secretary of the Interior has no ur-
isdiction or control over said mission
boarding schools which are operated,
controlled and maintained by an Or
ganization separate and distinct from
the Department of the Interior, that
the expenditure of said school funds
for the maintenance and education OF
said children in said mission schools
is without authority of law, and that
the remaining approximately $4,000
of said school fund is inadequate to
PROVIDE suitable, and in many cases
any, school facilities for these chill
dren who are without public school
facilities and deprives all Of said lndi-
an children who are not embraced
within the forward and illegal con-
tracts entered into with said mission
schools of any part of said school fund
now being paid under said contracts;
that the Commissioner of Indian Al
fairs will, unless restrained by order
of this Court, continue to illegally pay
the amount provided for in said con-
tracts to said mission schools out OF
said school funds, and. that he will,
unless restrained by order of this
Court enter into similar illegal con-
tract with said mission schools at the
commencement of the next school
year, and that the Secretary Of the
Interior will, unless restrained by or
der of this Court, approve said illegal
contracts to be so entered into, to the
great and irreparable loss and in
jury of plaintiff and all other members
of the class similarly situated.
Plaintiff further represents that an
Act of Congress approved ....~.~.~.-~.-.:.-..
1922, contained the following provis-
ion:
'The Secretary Of the Interior
is authorized to Withdraw from
the Treasury Of the United States,
in his discretion, the sum of $780,
$40, or SO much thereof as may
be necessary, Of the principal sum
on deposit to the credit of the
Chippewa Indians in the State of
Minnesota arising under section
7 of the Act of January IA, 1889,
and to expend the same for pay
ment of tuition for Chippewa In
dian children enrolled in the pub
lie schools of the State of Mime
sofa: Provided, That the Secre-
tary of the Interior may make
payments therefrom Of such
amounts as he deems proper and
lust in aid of public schools of
the State of Minnesota which
have enrolled Chippewa Indian