Glacier County chief., 1940-06-14
mon TANA LOU" GRILL

By MON TANA LOU" GRILL
rights under provisions Of
raties negotiated between the
rapahoe and Cheyenne Indians
ud the United States shortly after
close of the Civil war should
determined through proper
,urt procedure. That was the gist
the demand made by commit
rs representing the tribes in
tarings before the house commit
on Indian affairs.
February, l94O the committee
resenting the northern Cheyenne
anS at Lame Deer. Mont, in testi-
q before the house committee, re-
ted that the Arapahoe and Chey-
Be Indians jurisdictional bill be
cted. The passage of this bill would
horize these Indians to submit their
ms to the court of claims, and for
E purposes.
Besides the fact that during the
II and middle sixties the Araphoe
a Cheyenne Indians occupied a vast
EitO:y extending from the Rio
andp river in New Mexico, through
srl. ediate states north to North
ksotl and Montana, they also claim
h have royalty rights in gold mined
IA properties which were then in
lied within their domain.
Thatever else the treaties may have
t7ided. it is not understood that &C.
Fancy OF land by the Indians was in
Ell an admission by the government
q. they owned it in fee simple, or
Itt the federal government executed
| ruit claim deed in their favor. The
Non was of such a large extent as to
Eord them opportunity and give them
{ privilege to follow the buffalo to
Z north in the spring and go back
the south with the herds in the
tumn. However, certain rights have
IN recognized in the decisions of the
|rrtS based on the terms of the agree
lnts. including royalties in gold
kneG in treSpaSS on Indian occupied
Eds
Indians Extend Claims
This being the case the Araphoes
Ii Cheyenne Indians have extended
Esr claims to include these royalties.
b in % larger sense the United
Bites acquired title to lands bearing
Fecious metals in the purchase OF
euisiana territory from Napoleon, as
b result Of the coming of Texas into
Be union of states, and the GadSden
hes did not take place when the
.deral government treated with the
,dians and permitted them to occupy
nd and promised, as the Indians
him. to pay stipulated sums of money
stated intervals.
It is quite clear, on the other hand.
lat the treaty Of 1851 recognized the
lie of the Araphoes and Cheyenne
,dians to that portion of Colorado in
hich rich deposits of gold were there
ter found and mined. One of the
DIVISIONS Of that treaty reads: THE
nited States bind themselves, to pro-
ct the aforesaid Indian nations
Isinst the commission of all depreda-
ons by the people OF the United
ates after the ratification Of this
eaty"
As a result OF the discovery of gold
Colorado the Indians were driven
on the precious metal-bearing land.
therefore,. it was proposed that they
bmi: their claim for gold mined and
moved in trespass contrary to the
eaty provision to the court of claims
r consideration.
the bill provides that
e provision relating to such claim
hall not be construed as creating any
ght Of a legal or equitable nature
i shall authorize the said Indians
present their claims in this respect
the court of claims for adjudication
such claims may exist under treaties
agreements with the United States"
Door Opened to Huge Claims
In another portion of the bill 1t is
divided that if the court of claims
ould find that the Indians are en-
led to any compensation for gold
med and removed in trespasS prior to
e time the lands were coded to the
lited States. that the damages for
oh minerals shall be one-eighth of
e minimum amount shown to have
en- so mined and removed"
If it had been assumed in the be-
ming that the Indians in their oc-
pancy of land under treaty agree
ents with the federal government
re entitled to surface rights only. a
fferent angle on the mining royalty
inns would be presented. But the
or was opened in what is known as
e Black Hills case in the court Of
inns.
F. M. Goodwin, attorney for the
aphoe and Cheyenne Indians. touch
upon this phase of the claims when
said that these Indians, under juris-
,tional bills enacted in 1920 and 1928,
e entitled to Intervene in the suit
ought by the Sioux Indians against
e United States in what Is known
the Black Hills case.
Inasmuch, however," he declared,
S only the northern Cheyennes are
ade party to the treaty or agree
mt under which the Sioux Indians
e entitled to maintain such suit, 1t
obvious that the claims Of the Arapa-
e and Cheyenne Indians cannot be
termined hereunder. This Is espe-
lily true because of the fact that as
the reason for including the north
n Cheyennes in the Black Hills
,aty or agreement has not been as
rtained The claims Of the Arapahoe
d Cheyenne Indians are predicated