The Tomahawk., 1922-05-04

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"Sec. 4. That all lands in any
Of said reservations, the Winni-
bigoshish Ind an Reservation,
Cass Lake Indian Reservation,
Chippewas of the Mississippi
| Reservation, or Ii CHI La Ike
Indian RI serva 10 not in
Guided in the National Forest
hereby created as above describ-
ed, *; which have "been
classified as timber land shall be
opened to homestead settlement
as soon and as fast as the timber
is removed therefrom, in con-
formity with the homestead law,
except that none of said lands
shall be disposed Of except on
payment Of one dollar and twen-
ty-five cents per acre."
"Sec. 8. That nothing in this
Act contained shall in any man.
ner bind the United States to pur-
chase any of the land in said res
ervations excluded from the re-
serve created by this Act, or to
dispose of said land, except as
provided by the Act of January
fourteen. eighteen hundred and
eighty-nine."
Plaintiff represents that section of
said Act merely fixed a minimum
price Of $1.25 per acre for the cut
over pine lands outside of the Nation
al Forest Reserve and within the linn
it's of the three reservations enumer-
ated, and that by section the dispo-
sition of these lands at public auction
at the highest price obtainable as pro-
vided in section 5 of the agreement
was expressly continued and preserv-
ed, and that the homestead provision
contained in section 4 was repealed by
section 8 as homestead requirement
prevented the obtaining of the market
value of said lands at public auction
as provided in said agreement. Plain
tiff represents that the Commission
err of the General Land Office, ignoring
the plain provisions of said Act of
1908 and the agreement of 1889 and
in utter defiance thereof, failed and
refused to offer said cut over pine
lands for sale at public auction as
expressly provided in said agreement,
and has in defiance of the plain pro-
visions of the agreement of 1889 and
the said Act of 1908 exposed and held
said land out to homestead entry and
has permitted several thousand emit
ries under the homestead laws be
made of said lands, and has and is
now executing patents to said entry
men for said lands under the home
stead law without, as plaintiff is in
formed and believes and therefore
alleges upon information and belief,
even requiring the payment of the
amount of $1.25 per acre by the entry
men for said land before the issuance
- ,4c, l&1
err of the General Land Office caused
to be paid into the said tr1st fund of
the Indians the sum of $1.25 per acre
further represents that said cut over
ket from S. to $3.50 per acre at pub
lie auction and that the unlawful acts
of the Commissioner of the General
Land Office in so illegally disposing of,
said lands under the homestead laws
is causing plaintiff and all other
members of the class similarly stu
ated irreparable loss and injury, and
that the said Commissioner of the
General Land Office will, unless re-
strained by order of this Court, con-
tinue to SO illegally dispose of said
land under the homestead laws.
9. Plaintiff further represents that
in 1889, and for a long time prior
thereto, the United States recognized
the members of the different bands or
tribes of Chippewa Indians occupying
reservations in the State of Minnesota
as the owners of the possessory title
to the respective reservations occu-
pied by them, except as to the Red
Lake Reservation which embraced
over 100000 acres of land and was
occupied by about 1900 Chippewa In
dams, members of the Red Lake Band,
that as to the Red Lake Reservation
the United States recognized the pos
sessory as in all the Chippewa Indi-
ans in Minnesota, and that this recog.
milton was declared in the Act of
January ID, 1889, that by section l
of said Act the cession and relinquish-
ment of the Indian title to all the diff
ferent reservations in Minnesota, ex-
cept the Red Lake Reservation, was
to be deemed sufficient if made and
assented to in writing by two-thirds |
Of the male adults over Is years of
age of the band or tribe of Indians |
and belonging to each res
ervation; that as to the Red Lake Res |
ervation the cession and relinquish- |
ment was to be- deemed sufficient if |
made and assented to in writing by |
two-thirds of the male adults over Is |
years of age of all the Chippewa Indi-
ans in Minnesota; that there was to
be reserved from said cession of the |
lands on the Red Lake Reservation |
only sufficient land to make allotments |
under the General Allotment Act to |
the then members of the Red Lake |
Band, and that said bands reserved |
were to be reserved for no other pur-
pose that upon this distinct under
as expressly declared in the
Act of January ID, 1889, all of the
different bands comprising the Chip
pewa Indians in the State of Mime
sofa coded and conveyed all of the
lands in their respective reservations,
reserving only lands for allotment !
purposes, as will more particularly |
appear from the respective agreement |
set out in H. R. Elk. Doc. No. 247,
51st Cong, 1st Ses.; that each Of said
agreements were duly approved by
the President of the United States
and thereby became binding on the
Indians and the United States alike;