The Tomahawk. [volume], March 06, 1919, Image 1

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

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Special to
m-
*=&&
Justice and Fair Dealing for
every Indian who desires to
become a good Citizen.
Spoliation of Chippewa
Estate by the Indian
Bureau.
The Facts are brought to Light by the Legislative
Committee of the General Council in a Com
plete Statement ID the Committees of
Congress,
It Shows that the Agreement Made by the Chippewa Indians
With the United States in 1889 has been Treated by
the Indiau Bureau as "SCRAP OF PAPER."
Indian Bureau is Endeavoring to Destroy The General Council.
Destroying It, Its Misdeeds Will Remain Concealed.
THE TOMAHAWK.
(Continued from last issue
The contract entered into with
the International Lumber Com
pany, if it provides what^the (In-
dian Bureau officials told the Com
mittee it.did, is in violation of
thedianseand
act of May 18, 1916. The Indian
Bureau officials admitted that all
merchantabld timber the
areas cut ovep
was beinwithin cut under
the contract. The act of May 18,
1916 (39 Stat., 137). provides:
"That said forest shall be
adbering
ministered by the Secretary of the
Interior in accordance with the
principles of scientific forestry,
with a view to the production of
successive timber crops therein,
and he is hereby authorized to sell
and manufacture ONLY such
standing and growing' pine and oak
timber as is mature and has' ceased
to grow, and he is also authorized
to sell and manufacture from time
to time such other mature and
marketable timber as he may deem
advisable."
It will be observed that the pur
pose of this act was to maintain a
permanent forest, as Senator Nel
son told the Committee. The first
authorization given the Secretary
was to sel.l and manufacture "only
such standing and growing pine
and oak timber as is mature and
has ceased to grow," thus placing
an absolute limitation aud limiting
the authority to cut and sell oniy
mature timber that has ceased to
grow. Then follows this provision:
"And he is also authorized to
sell and manufacture from time to
time such other manure and mar
ketable timber as he may deem
advisable.*'
The words "mature and market
able" should be read in the light
of the purposes for which the ft tr
eat was created, viz
"In accordance with the principles
of scientific fore*'ry, with a vie*
to the production of successive
timber crops thereon."
If the contract is, as the Indian
Bureau officials represented it tomately
be, it is a violation of law and the
contract should be produced and
examined and if in violation of
law it should be cancelled,
i The act of May 18, 1916, furth
er provided:
"That no contract shall be made
fnY the establishment of any mill,
or to carry on any logging or
lumbering operations which shall
constitute a charge upon the pro
ceeds of the timber, until anv esti
mate of the costs thereof shall have
first been submitted to and apBureau
proved by Congress."
No estimate has ever been sub
mitted to Congre-8 for the estab
lishment of a mill, as the law diacres
rects. Under the general authority
contained in the general language
used in the provision* contained in
the appropriation bills last year
appropriating $80,000 for logging
and lumbering operations, the De
partment claims authority for esserve,
tablishment and maintenance of
this mill. It should be abolished
and the loss sold.
The Committee was told by Mr.lions
M*rritt that the entire, that is the
GR3SS RECEIPTS of the mill
and the sale of timber were de
posited in the Tre-sury of the
United Sta'e- that this wis made
n.andatory by the Act of May 18,
1919 That Act (39 Stat, at 138)
provides:
"'That the payment of all ex
penses connected with the admin
istration of these 1 mds as herein
provided, the NET PROCEEDS
therefrom shall be covered into
the Treasury of the United States
to th credit of the Red Lake In
draw interest at the rate
of four per centum per annum."
Jt thus plainly-appears that the
Indian Bureau has authority, un
der existi&g law, to use the pro
ceeds frofflrthe sale of timber and
the operation of the mill, for lum
and logging operations, and
that only the' net amount is reUnited
quired to be deposited in the Treas
ury. Ttrim is no necessity for
anv appropriation.
The agreement of 1889(29Stat.,
642) provided that all the ceded
property should be sold mid the
net proceeds placed in the Treasury
to the credit of the Chippewa Iu
dians that the fund should bear
interest at the rate of 5 per cent
per annum. The provision in theruary
act of May 18, 1916, (39 Stat., at
138), changes the rate to 4 per
cent and places the funds derived
from the sale of timber on the Red
Lake Reservation to the credit of
the Red Lake Band which is only
one of the 11 bands constituting
the Chippewa Indians.
(m) At the instafpf* of the In
dian Bureau, and "pota its recom
mendation Congress attempted to
confer title upon the State of Min
nesota to a large tract of valuable
timber lands, the property of theate
Chippewa Indians.
At the instance of the Indiap
Bureau and upon its recommenda
tion there was included In the act
of June 21, 1906 (34 Stat at 352),
a provision ceding to the State of
Minnesota, without any consider
ation whatever and in utter disre
gard of the agreement of 1889 a
lartre tract of the roost valuable
timber lands "to be used as a State
Forest Reserve or public park."
This land and the valuable stand
of timber thereon, wofth approxi
two and a half million dol
lars, was given to the State of
Minnesota.
"Upon condition that ,if at anyequal
time the State shall cease to use the
said island so reserved and granted
for forest reserve or park purpos
es the title to the same shall revert
to the United Stages."
(n) Large fact of valuable tim
ber lands ceded under the ajjree.
men* of 1889,. withdrawn from sale
and placed in Forest Reserve.
At the instance of the Indian
and upon its recommenda
tinn Congress by the act of June
27, 1902 (32 Stat, 400 at 402)deny
withdrew from sale over 200,000
of timber land, ceded to the
United States by the agreement of
1889 upon the express condition
that the land and timber would be
sold and the pr.ceeds placed in the
Treasury of the United States, and
included the tame in a forest re
where it "till remains.
(o) The Chippewa Indians,
through their General (Council,
have saved the United States mil
of Dollars in claims by pre
venting the illegal disposition of
the ceded property attempted by
the Department.
Following the agreement of I8S9
the S:a*e of Minnesota asserted a
claim to all swamp and overflowed
lands ceded by the Chippewa In
dians to the United Slates to be
_-
Vol. XVI. White Earth, Becker County, Minnesota, Thursday, March 6, 1919,
By
OFFICIAL ORGAN OF THE "MINNESOTA QHIPPEWAS.
Truth before Favor."
sold and disposed of as provided
by the act of January 14, 1889,
the claim being asserted under the
provisions of the act of March 12,
1860, Sec. 249 O. U. S. R. S. The
departmental officers, acceded to
the demands of the State of Min
nesota aud erroneously patented to
the State about 700,000 acres of
land, much of which was covered
with valuable stands of timber.
May 25, 1913, the Chippewa In
dians, realizing that unless they
took some effective efforts in their
own behalf, their entire estate
would be squandered, organized
their General Council. That year
the General Council, through its
proper officers entered a protest
with the Secretary of the Interior
against the further, issuenceof pat
ents to the State of Minnesota
covering lands ceded by the
Inand
dians to the United States under
the agreement of 1889. This pro
test caused a temporary suspension,
and in 1916 the General Council
through its attorney renewed the
protest, supporting the protest
this time with citation of legal au
thority. The Department has
reached the conclusion that the
patents heretofore issued were er
roneously issued^ and the applica
tions of.the State for about 700,000
additional acres, much of which is
covered with valuable stands of
timber, have either been denied or
will be denied shortly. Thus the
General Council, in this one inis
stance has prevented the erroneous
issuance of patents to the State of
Minnesota covering 700,000 acres
of land, which the United States
would have been compelled to have
paid the Indians for had the pat
ents been issued, thus saving the
States several million dol
lars It has likewise saved the
700,000 acres of land so that it can
be sold undei the terras of "the
agreement of 1889 and the pro
ceeds put to the credit of-the* In*-
dians, and has at the same time
fixed a claim against the Unit
States for the value of the 700,000'
acres heretofore erroneously issued
to the State. (See letter dat -d Feb
18, 1919, and signed by the
Solicitor of the Department here
inafter set out in confirmation of
the above statement.)
(p) The General Council has
preserved and protected the tribal
inheritance of the minor children
of the Chippewas against a presist
ent attempt on the part of the In
dia Bureau to exclude them from
their inheritance.
The act of January 14, 1889 (25
Stat., 642. Sec. 3), as ratified by
the Indians, provided for immedi
allotments to all those mem
bers of the tribe in being. The
children thereafter born were not
to receive allotments but were to
receive equal distributive shares
of the money derived from the sale
of the ceded property. Section 7,
supra, provides that the perman
ent fund "shall be divided and
paid to all of said Chippewa In
dians and THEIR ISSUE then
living, in cash, in equal shares."
That is, the law directed that when
the funds derived from the sale of
the ceded property were divided
they should be divided among the
allotted Indians and THEIR
ISSUE THEN LIVING in cash in
shares.
In disregard of the lawful rights
of the minor new born children,
the Indian Bureau, claiming au
thority under some general law of
Congress, undertook to exclude
many of the riew born children of
allotted parents from participation
in the division of the interest
money and the principal fund.
The General Council, through its
attorney, resisted this attempt on
the part of the Indian Bureau to
to these children their lawful
inheritance. The matter is now
pending before the Secretary of
the Interior, the Solicitor for the
Department having decided the
case. This is confirmed by the let
te*hpf the Solicitor dated February
18, 1919, and which letter also
confirms the previous statement
relativ3 to the illeg.il disposition of
700,000 acn of hnd ceded to the
United States under the agreement
of 1889, to the State of Minnesota
upon the erroneous assumption
that the State was entitled to the
land under the swamp and overflow
act of 1862. The Solicitor's letter
is as follows:
Charles D. Mahaffie,
Solicitor. Department of the Interior.
Office of the Secretary,
Washington.
Feb. 18, 1919.
Mr. Webster Ballinger,
1413 Street, N. W.,
Washington, D. C.
My dear Sir:
I have before me your letter of
January 29th in regard to the two
matters affecting the Chippewa In
dians of Minnesota which you sug
gest are pending before this o.lice.
ask that they be disposed of
in time to enable legislation to be
presented to this Congress, if
necessary.
The first, that relating to the en
rollraent and distributive shares of
new horn children, which was sub
raitted to me for an opinion some
time ago, has been acted on, so far
as I am concerned.
The other matter, that relating
to the swamp and overflowed lands
within the area ceded oy the Incountry
dians to the United States, I am
not familiar with, out I have in
quired about it and gather that it
awajting some showing by
orthe
adjustment with the State of Min
nesota.
Very truly yours,
Charles D. Mahaffie,
Solicitor,
These children would have lost
their tribal inheritance had it notieu's
been for the General Council, and
illustrates how necessary it is thai*
our General Council be retained as
an independent body and not made
a m*ra adjunct of the Indian Bur-
(q) The Chippewa Indians, thro
their General Council, protest
(Continued on page 8, Col. 4.)
II I.I-..-IOJ1-... 1.L Jl. ,_-JLJ .J" II JJ~W I III111 II
When you want
the best
White Earth,
W
'.t~
dvvB v.A u^, ^j.i,%J.
WHAT'S DOING AT
WASHINGTON.
Washington, D.
February 28, 1919.
Special to THE TOMAAAWK.
The indications are that the In
dian Appropriation Bill is dead so
far as this session of Congress is
concerned and that it will go over
until the special session will be
convened sometime before July 1.
In many respects this will be deand
cidedly advantageous to the Chip
pewas of Minnesota. Owing to the
conjested condition of business and
the expiration of the session by
constitutional limitation on March
4, neither the House nor the Sen
ate Committees on ludian Affairs
had time to go fully into Chippewa
matters. The House Committee
considered only one matter, that of
appropriating $160,000 out of the
trust funds to defray administra
tive expenses in the Chippewa
during the fiscal year
commencing July 1, 1919. Upon
that item the House Committee
allowed Frank D. Beau lieu, one of
delegates of the General Coun
cil, a limited time in which to pre
sent to the Committee the objec
tions of the Chippewa Indians to
the use of their funds for such a
purpose. As a result of Mr. Beaul
argument, supplemented by
protests from the Minnesota Dele
gation in the House, the House
Committee reduced the appropria
tion to $100,000. JVhen^ the B,iU
went ou the floor' the Minnesota
Delegation, nnder the leadership
of Congressman Ellsworth, struck
the entire item from the Bill. On
In Groceries, Dry Goods, Winter
Clothing, Footwear, etc., call on
us.
We're right here every day ill the year (except Sunday) to supply you
with any and everything you may need in
THE BEST AND PUREST GROCERIES IN THE MARKET.
The B. L. Fairbanks
Company,
Published in behalf of, and
to secure the welfare of the
Indians of the. United States.
mrTTCc^^r^HfrlUIII'
HlGTOPvH
SOCIEl
No. 46.
the floor of the House Congress
man Miller, aided by the other
members of the Delegation, se
cured the inclusion of an item in
the Bill appropriating $10,000 for
the General Council and placing
the expenditure of the money in
the hands of the General Council
without interference by the de
partmental officers.
The House Committee also in
cluded in the Bill the item of $1,000
for the White Earth celebration,
and an item of $50,000 for logging
lumbering operations on the
Red Lake Reservation. These last
three items passed the House.
When the Bill went to the Sen
ate an effort was made by the Leg
islative Committee of the General
Council to secure a full hearing on
Chippewa matters. James I Coffey
and the men who accompanied him
personally visited members of the
Senate Committee and made false
representations to them with refer
ence to the General Council and the
Legislative Committee. When the
Committee convened Assistant
Commissioner Meritt appealed to
the Committee not to hear the
representatives of the General
Council. This was supplemented
by protests from Coffey and his
gang, who insisted before the
Committee that they were the reg
ular representatives of the Gener
al Council of the Chippewa In
dians that they represented the
full bloods and that Ben Fairbanks,
John Arten, Paul Beaulieu, Ed
ward L. Rogers and John Carl
were representatives seut down tl *s K.,.
Washington by the mixed bloods
substantially white reople and that
they did not represent the real In
(Continued on page 8, Col. 2.)
If
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