The Tomahawk. [volume] (White Earth, Becker County, Minn.) 1903-192?, 1925-01-22
the trust assumed. I"

United States administer properly
the trust assumed" :"
Here the court expressly holds
that the United States is liable to
the Indians for losses sustained by
them as the result of the admins.
tration of the estate by its officers
in violation of the terms of the
trust.
With reference to the Red Lake
situation the court said:
Third. A mandatory in
junction. is sought to compel the
Secretary of the Interior to permit
the Red Lake Indians to receive
ailotments from the Red Lake
Reservation, under Section 2 of
the General Allotment Act OF
February 8, 1887, C. 119, "a Stat
1888. The plaintiff does not claim
to be entitled to an allotment OF
any of these lands. He is not a
Red Lake Indian. He is not seek
ing to enforce tie right of any Red
Lake Indian to an allotment. Nor
rison's interest is an indirect one.
His complaint appears to be this.
approximately 100000 acres
Of land we're reserved to satisfy
claims for allotments to the Red
Lake Indians. Under the agree
ments approved by the President
these allotmenls were to made as
soon as practicable after the
taking of q census. The
amount of land which will
actually be required to satisfy
these claims for allotmentsa is far
less than the 700, 900 acres reserv-
ed. The surplus land, when as
certained, will pass to the United
States as a part of the ceded lands.
This surplus, like the other lands,
must be sold, ands when sold, the
proceeds must be paid into the trust
fund for the benefit of all the
Chippewas in Minnesota. If, and
as soon as, the trust fund is aug.
mented by the sale of the surplus
lands, a part of the interest accru-
ing on the addition so made to the
trust fund will be payable to all
the Chippewas in Minnesota, in,
Guiding the plaintiff. The pre-.
scribed census was completed 81
years before the filing of the bill.
No allotmsnts have been made.
The delay in making the allotments
has postponed the determination
of what are surplus lands, and
consequently the sale of the same.
The delay in making sales has
postponed the payment into the
trust fund of the expected pro.
ceeds from the sales. The delay
in making this payment has de-
ferred the. accruing of interest.
Thus the plaintiff and others are
deprived of part of their expected
annual income. The delay in
making the allotments has likewise
deferred the commencement of the
running of the fifty-year period
upon the expiration of which the
trust fund is to be distributed.
The postponement of the period
of distribution results in unneces.
sary and illegal expenditure of the
income of the fund. 1t is to avert
such indirect losses that q manda.
tory injunction is sought to compel
the Secretary to make the allot.
ments.' .....
Morrison urges that he is
seeking to enforce the performance
of a merely ministerial duty. Re-
lief was denied by the Court of
Appeals on the ground that be is
not member of the Red Lake
Band and has shown no authority
to speak for them. Whether that
ruling was correct, whether the
duty of the Secretary of the In.
terror is merely ministerial, and
whether the indirect or remote
interest of the plaintiff in the per-