The Tomahawk., 1922-05-04

vania, commorant of the District Of
Columbia, and Secretary of the
Treasury, and is sued herein in his
official capacity.
3. That by an Act approved Jan.
uary IA, 1889 (25 Stats, 642), the
President of the United States was
authorized to appoint three commits.
sioners ITO negotiate with all the
different bands or tribes of Chippewa
Indians in the State of Minnesota fo1
the complete cession and relinquish-
ment in writing of all their title and
interest in and to all the reservations
of said Indians in the State of Mime
sofa, except the White Earth and Red
Lake Reservations, and to all and so
much of these two reservations as in
the judgment of the commission is not
required to make and fill the allot-
ments required by this and existing
acts, and shall not have been reserved
by the Commissioners for said pur-
poses, for the purposes and upon the
terms hereinafter stated, and such
cession and REIMBURSEMENT shall be
deemed sufficient as to each of said
several reservations, except as to the
Red Lake Reservation, if made and
assented to in writing by two-thirds
of the male adults over eighteen years
of age of the band or tribe of Indians
occupying and belonging to such res
ervatiens; and as to the Red Lake
Reservation the cession and relin-
quishment shall be deemed sufficient
if made and assented to in like man.
ner by tWo-thirds of the male adults
of all the Chippewa Indians in Mime
sofa; and provided that all agree
ments therefor shall be approved by
the President of the United States be-
fore taking effect: (which approval
should operate as a complete extin-
guishment of the Indian title without
any other or further act or ceremony
whatsoever for the purpose and upon
the terms stated in this Act"
Plaintiff further represents that
said Act expressly provided the man.
ner and method of disposing of the
coded lands and timber thereon and
fixed minimum price to be received
therefor, and likewise expressly pro-
vided for the use and disposition of
the funds received therefrom, as fol-
lows:
By section / the commission was
directed to make an accurate census
of each tribe or band" "for the pur-
pose of asceftaining whether the pro-
per number of Indians yield and give
their assent" to the cessions," and
for the purpose of making allotments
and payments hereinafter mentioned"
BY section provision was made for
the organization of the commission
and the performance of the work en-
trusted to it's care.
BY section 3 as soon as the census
was taken and the cession and relin-
punishment obtained, approved and rat
flied, as provided in section l allot-
ments in severalty, as soon as pract-
icable, were to be made under the d.
rection of said Commissioners, to the
Indians residing on the Red Lake
Reservation out of the lands reserv-
ed for allotment purposes on said Red
Lake Reservation and all other men,
bers of the bands or tribes who did not
desire to take their allotments on the
where they were living
at the time of removal, were to be re-
moved to and allotted on that portion
of the White Earth Reservation re-
served by the Commissioners for al
purposes, all of said allot-
ments to be made under the provisions
of the Act of February 8, 1887 ga
Stats, 1861, commonly known as the
General Allotment Act.
BY section as soon as the ceSslOn
and REIMBURSEMENT of said Indian IT,
tie was obtained and approved as the
Act directed the Commissioner of the
General Land Office was directed to
cause the ceded lands to be surveyed
in the manner provided for the survey
of public lands; when the surveys
were completed the Secretary was di-
rected to have the lands examined by
examiners and classified
into 40-acre lots, all lands upon which
there is standing or growing pine
timber" were to be classified as "pine
lands," and "all other lands acquired
from the said Indians on said reser-
vations other than pine lands are for
the purposes of this Act termed "agri-
cultural lands" detailed directions be-
ing contained in said section for the
of the quantity and value
Of the pine on each tract, so as to pro-
tect the Indians against loss, and in
no event was any of the pine timber |
To be estimated at less than 81 per |
thousand feet.
By section 5 after the survey, ex-
animation and appraisals of the "pine
ands' were fully completed said
ands and the timber thereon were to
be advertised and sold at public auc-
lion to the highest. bidder for cash in
i0-acre parcels, but in no event were
hey to be sold at less than their ap-
praised value. Any "pine lands" re-
naming unsold were thereafter SUBJ
ect to private sale for cash at their |
appraised value.
BY section 6 the lands classified as
agricultural lands were to be disposed
# Ito actual settlers only under the
provisions of the homestead law" at
he rate Of $1,25 per acre to be paid in !