The Tomahawk., 1922-05-04


pleting the surveys and apprais-
ais, in this act provided, be plac-
ed in the Treasury of the United
States to the credit of all the
Chippewa Indians in the State Of
Minnesota as a permanent fund,
which shall draw interest at the
rate of five per centum per an
mum, payable annually for the
period Of fifty years, after the
allotments provided for in the act
have been made, and which inter-
est and permanent fund shall be
expended for the benefit of said
Indians in manner following:
One-half of said interest shall,
during the said period of fifty
years, except in the cases herein
| after otherwise provided, be an
nually paid in cash in equal shares
to the heads of families and guar
dams of orphan m inors for
| their use; and one-fourth of said
interest shall, during the same
period and with the like excep-|
ton, be annually paid in cash in
equal shares per capita to all 9TH,
remaining one-fourth of said in
terest shall, during the said per-
iod of fifty years, under the direc-
Tor, be devoted exclusively to the
establishment and maintenance
of a system Of free schools among
said Indians, in their midst and
for their benefit; and at the ex-
piration of the said fifty years,
the said permanent fund shall be
10 al Il
Chippewa Indians and their issue
then living, in cash, in equal
shares"
Reference is here made to said Act
of January ID, 1889, in it's entirety to
the same extent as though it were
herein set out in full.
d.. Within the time prescribed in
section I of said Act of January IA,
1889, the President appointed the
three Commissioners, and thereafter
and during the year 1889 said. Com
missioners, acting for and on behalf
of the United States, entered into. sep
arate agreements with each band or
tribe of Chippewa Indians occupying
reservations within the State of Min
nesota, by which agreements the In
dams ceded all of their lands not need
ed for allotment. purposes to the
United States upon the express
terms and for the express purposes
stated in said Act of January IA, 1889;
thereafter the President of the Unit
ed States on March 4, 1890, duly ap-
proved each of said agreements and
so advised the Congress of the United
States by message dated March 4,
1890, said message, agreements, and
record of the negotiations being set
out in House Executive Document No.
PAT, 51st Congress-, list Session, to
which reference is here made to the
same extent as though said message.
agreements and record Of the negotia-
tinos were herein set out in full.
5. Plaintiff further represents that
although ten separate agreements
were entered into with the different
bands or tribes of Indians in Mime
sofa under said Act (some agree
ments including more than one band
or tribe), that said agreements in fact
constituted but one agreement and
that hereinafter they will be referred
to as one agreement. Plaintiff further
represents that by said agreement all
tribes or bands Of the Indians included
within said agreement were abolished
and that the former members of said
bands or tribes and their issue were
therein dealt with and designated as
a class comprising call the Chippewa
Indians in the State of Minnesota
whose individual rights in the prop
erty coded to the United States in
trust, as aforesaid, were definitely
fixed by said agreement, and have
vested in said class and in the indi
vidual members thereof; that both
the United States and said Indians
were bound by the express terms of
said agreement; that the conveyance
of all the unallotted lands was not to
the-7Bnited States absolutely, but in
trust; that the trust was to be execu-
ted by the sale of the coded land and
timber thereon as provided in the
agreement and the deposit of the net
proceeds in the treasury of the Unit
ed States to the credit of "all the
Chippewa Indians in the State of Min
nesota," and that the Officers and
Agents of the United States cannot
dispose of any of said lands
or timber thereon in disregard of the
plain terms and provisions of said
agreement, to be the loss and injury
of the cestui que trust. nor can said
officers and Agents Of the United
States lawfully use, divert or expend
any of the net funds received from the
sale of any Of said property and de-
posted in the Treasury of the United
States to the credit of "all the Chip
pewa Indians in the State of Mime
sofa" for any purpose other than
those enumerated in said agreement.
Plaintiff further represents that he.
plaintiff, and all other members of
said class similarly situated has, and
have, a vested interest under said
agreement in the net proceeds receiv-
ed from the sale and DISPOSE ton of said
and in the annual income re-
ceived and to be received therefrom.
6. Plaintiff further represents that
the Commissioner Of the General Land
Office and the Secretary of the Inter-
or, without any authority Of law
and in defiance Of the ex-
press terms of said agreement which
Is the only authority that has ever