The Tomahawk., 1922-05-04

the interpretation VI Sdlu PloNlSo
made by the Commissioners repre-
sentng the United States, and which
induced the Indians to enter into said
agreement, is binding upon the United
States; that the agencies to be main
tanned out of the said $4,000 are a
part of the Indian service of the
United States and part of the Indi
an Bureau; that the trust fund out of
which said $4,000 for agency pur-
poses is to be paid is the property of
the Indians in which plaintiff and all
other members of the tribe similarly
situated and his and their issue have
vested interest; that when the
United States sold and disposed of
said property and deposited the net
proceeds in the trust fund to the cred
it of all the Chippewa Indians in the
State of Minnesota it became an exc
cuted trust subject only to the condi-
lions specifically attached thereto by
said agreement and under which the
trust was created; that the Congress
of the United States had no power to
appropriate said $4,000 out of said
| trust fund in violation of the express
terms of the trust, and to authorize
| the use of said money in defraylng
the expenses of it's agencies in Min
nesota which are a part of the Indian
service maintained by the United
States in pursuance Of it's Indian pol
| lev, and that said authorization to
Withdraw and use said $4,000 for
general agency purposes OF the United
| States is in violation of the Fifth
| Amendment to the Federal Constitu-
ton, is the taking of the property of
plaintiff and all other members of the
tribe similarly situated without COM
pensation and is unconstitutional, null
and void; that the Secretary of the
Interior has, under said void authori-
cation withdrawn from said principal
trust funds said $4,000 and is now
| using the same in defrayng the gen
eral agencies, and will, unless re-
strained by order of this Court, con-
tinue to expend said money SO illeg-
ally withdrawn from said principal
trust fund in defraying said agency
expenses to the great and irreparablc
loss and injury of plaintiff and all 9TH
| er members of the class similarly sit
uated.
Plaintiff further represents that the
Act approved 1872,
Public No.-..~.~., making approprla-
tions fol-. the Department of the In
terror for the fiscal year ending June
I 80, 1923, contained an item AUTHORIZE
| ing the Secretary of the Interior to
Withdraw from said principal trust
fund the sum of SAP 500 and to use the
same for general agency purposes
during the fiscal year commencing
July l, 1922; that for the same rea-
son hereinbefore stated with reference
to the item contained in the Act ap-
proved March 3, 1921, said authoriza-
ton is unconstitutional, null and void,
but that the Secretary of the Interior,
will, unless restrained by. order OF
this Court, withdraw said $4,000
from said principal fund and expend
said money for said general agency
purposes to the great and irreparable
injury of plaintiff and all other MEM
bers of said class similarly situated.
IL. Plaintiff further represents
that all of said Indians have for
long time been complaining against
the continuation of a part OF the acts
set out in the preceding paragraphs and
many others of similar nature. and
that the Indians allotted on the White
Earth Reservation have been particu-
larly vigorous in their protests and
that within the last sixty days, failing
to obtain any relief from the officers
of the Department, they filed vigorous
protests with other officers of the
United States. that thereupon the
Commissioner of Indian Affairs did
prepare and order for the signature
of the President Of the United States
directing the removal of the agency
at White Earth on the White Earth
Reservation, to the town of Cass Lake.
Minnesota, and did, as plaintiff is in
formed and believes and therefore al
leges upon information and belief,
represent to the President that said
order was necessary in the interest Of
economy. of the Indians and the pub
lie and that the President so believing
signed said order; that an agency at
White Earth has been maintained
pursuant to law for more than fifty
Years; that at White Earth there are
buildings constructed out of the funds
of the Indians and public moneys
which have for many years been used
for agency purposes and for housing
agency employees and are now beng
so used without any cost therefor;
that in addition thereto there are 9TH
err valuable buildings that have been
used for school, hospital and other
purposes, all of which buildings have
cost in excess of 100000 and are Of
the approximate value of 100000;
that in the White Earth Agency have
been kept the records pertaining to
the allotment and blood status of more
than 1000 Of the $4,000 Chippewa
Indians in Minnesota; that it is neces-
sary to examine said records in con-
nection with the sale and disposition
of allotted land on the White Earth
Reservation upon which approximate
ly 1000 Indians were allotted: that
said records were compiled at the ex-
pense of the Indians; that the town
of Cass Lake is situated about 70
miles by direct line from the White
Earth Reservation and within the
coded territory; that only corpar-
atively few Indians were allotted
lands or reside within the vicinity of
Cass Lake. as only a comparatively
few of said Indians selected their al
lotments within the coded territory
around Cass Lake; that from White