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

Va I" hoeeso "hiSh Sousas III ohy
event, entitle him to compel its
specific performance by Judicial
process-thsse are questions which
we have no occasion to consider,
A mandatory injunction, like a
mandamus, is an extraordinary
remedial process which is granted,
not as a matter of right but 10 the
exercise Of a sound judicial dis
cretion. 1t issues. to remedy q
wrong. not g promote one. Nc
facts are shown which justify, its
issue in this case. II is alleged
that the Secretary of the Interio,
has refused and still refuses to
allot a single Indian on the Red
Lake Reservation lands, or to
permit any Indian to select or re-
ceive an allotment thereon. II
any Indian who is entitled to an
allotment has vainly requested that
it be made to him, it is not necss-
sary to seek redress indirectly by
this proceeding. ..
Under the Act of February 6,
1900, c. .2l7, 81 Stat, 760, any
Indian who claims to be en-
titled to an allotment under
any Act of Congress, may
bring suit therefor against the
United States in the appropri-
ate district court. o.
The decision thus definitely set
ties three questions, namely:
/. That the Indians residing on
the Red Lake Reservation entitled
to allotments, and who have been
denied their allotments by the sd
ministratiye officers, can by proper
suit in the United States District
Court in Minnesota compel the
Department to allot them the land
to which they are entitled. =
2. The United States is respons,
ible to the Indians for any losses
they may sustain by reason of the
failure of the United States to
administer the estate in conformity
with the agreements of 1889.
3. That as the United States has
dealt with the property under the
claim that it was tribal and not
individual. q situation has been
produced whereby no suit can be
maintained to enjoin threatened
acts of administrative officers
either in the disposition of the
lands or funds without the United
States being made a party, and
that this cannot be done until the
United States consents to be sued.
The decision, therefore, sustsins
the claim of the Indians that the
administration of the estate must
be in conformity with the agree.
ments entered into in 1889, and
that the United States must sooner
or later make restitution in dam.
ages for all violations heretofore,
or chat may hereafter be committed
resulting in loss to the Indians. 1t
further sustains the contention of
the I1disns that the Indians on the
Red Lake Reservation are entitled
to immediate allotments, and that
if the Department continues TO
refuse to make the allotments to
them that they are not remediless.
The only satisfaction the govern.
ment officers can obtain from the
decision is that their acts are not
subject to judicial review until the
United States consents to be sued.
This meaus that until an Act of
Congress is passed authorizing the
Indians to sue the United States
for an accounting of al property
received by the United States
under the agreements OF 1889, the
Indian Bureau can continue its
destructive work, but that when
such an Act is passed the United
States must make restitution to
the Indians for the improper ad 4
of their estate by the
IN B. Tvya 4