Reporter's Statement of the Case intended as a complete settlement of all claims of the Indians arising out of the 190,944.93 acres to be taken as a forest reserve, as the amount authorized to be appropriated by the bill was inadequate consideration for their claims, and insisted that this claim, together with all other claims of the Indians, be referred to the Court of Claims for judicial determination. No action was taken by the Committee or Congress on the bill, and thereafter Congress enacted, and the President approved on May 14, 1926, the jurisdictional act under which this claim is being prosecuted. 14. In addition to all timber for which the Indians have been paid, there was also standing upon that part of the 190,944.93 acres outside of the ten sections, islands, and points, at the time the lands were taken for national forest purposes under the act of May 23, 1908, certain additional timber including white and Norway pine less than ten inches in diameter, jackpine, poplar, white birch, yellow birch, oak, basswood, ash, elm, spruce, tamarack, balsam, and cedar, of a total fair value, as of 1922, of $1,060,887.70. No allowance was made for the value of the timber in the report of the commission appointed under the act of May 23, 1908, for the reasons stated in their report and set out in Findings 11 and 13, nor has any sum been paid or credited to plaintiffs on account thereof. 15. As the result of errors in surveys approved June 21, 1872, December 14, 1875, and November 23, 1885, there were mistakenly included within the boundaries of the Red Lake Reservation fixed in the treaties of February 22, 1855 (10 Stat. 1165), and October 2, 1863 (13 Stat. 667), 31,933.96 acres of defendant's lands, and mistakenly excluded from within the boundaries of the reservation as fixed in the treaties, 48,299.76 acres set aside by the latter treaty for the use of the Indians, resulting in a loss to the Indians. The 16,365.80 acres mistakenly excluded from the Red Lake Reservation as the result of said erroneous surveys were taken and held by the United States as public lands and prior to January 14, 1889, disposed of by the United States under its public land laws, without any consideration there for to the Indians. Reporter's Statement of the Case The price fixed by defendant at the time of the appropriation for like lands was $1.25 per acre. By the agreements of cession made under the act of January 14, 1889, plaintiffs ceded all their right, title, and interest in and to all the reservations in the State of Minnesota, except certain lands for allotment purposes not material here, to be sold and fixed the minimum sale price at $1.25 per acre. 16. In the settlement made on May 26, 1926, with the Chippewa Indians of Minnesota for lands taken under the Free Homestead Act, under authority of the act of February 9, 1925, and the act of March 3, 1926, the Indians were paid for 6,236.60 acres in excess of the actual acreage taken, at the rate of $1.25 per acre, amounting to $7,795.75; and were also paid interest thereon at the rate of 5 percent per annum from December 31, 1922, to May 26, 1926, amounting to $1,325.25, making a total overpayment of $9,121.00, no part of which has been repaid to the United States. 17. The treaty with the Chippewa Indians of the Mississippi, concluded March 19, 1867 (16 Stat. 719), provided: ART. III. In further consideration for the lands herein ceded, * * * the United States agree to pay the following sums, to wit: ** * four thousand dollars each year for ten years, and as long as the President may deem necessary after the ratification of this treaty, for the support of a school or schools upon said reservation * Subsequent to the payment by the United States of the last of the ten installments agreed in Article III of the Treaty of 1867, the United States disbursed for the maintenance of schools on the White Earth and Leech Lake reservations in Minnesota for the benefit of Chippewa Indians of Minnesota the further sum of $167,125.52, no part of which sum has been reimbursed to the United States. 18. During the period January 14, 1889, to January 30, 1927, the United States, although under no obligation so to do, expended out of public funds for the benefit of the Chippewa Indians of Minnesota under specific appropriations the sum of $409,551.21 for the purposes and in the amounts shown by the following table: Work and stock animals_‒‒‒‒ 12, 844. 98 35, 037.93 5,088. 86 1,000.00 645.00 5, 160. 06 8, 611. 67 31, 008. 80 Agricultural implements and equipment- Feed and care of livestock_-_. Agency buildings and repairs_. Enrollment of allottees__. Burial of Indians_--- Surveying, allotting, sale, etc., lands_- Bridges Roads_- Fuel and light---- Miscellaneous agency expenses.. Indian houses___. Household equipment---. Pay of mechanics___ 19, 654. 06 550.00 2, 910. 41 16, 200. 81 245.00 2,359. 71 15,763. 97 300. 07 7, 182. 70 1,690.00 200.00 1,512. 03 726. 91 24, 424. 64 33, 511. 19 150.00 6,393. 18 23, 010. 28 $409, 551. 21 No part of the aforesaid sum of $409,551.21 has been reimbursed to the United States. 19. During the period January 14, 1889, to June 30, 1927, the United States, although under no obligation so to do, expended out of public funds for the Chippewa Indians of Minnesota under other than treaty appropriations the sum of $2,426,834.44 for the purposes and in the amounts shown by the following table: Education__. Medical attention----. Agency buildings and repairs_-_- Expenses, care, and sale of timber____ $1, 275, 968. 67 21, 395. 14 111, 353.96 16, 965, 80 374. 07 80, 071. 19 7,345. 28 Reporter's Statement of the Case Surveying, Allotting, sale, etc., lands____ $15, 442. 80 49.58 13, 437.50 857.82 1,050.00 9,902, 97 5, 228. 18 1, 527. 10 2, 313. 63 7,045. 61 11, 219.71 189, 038. 18 5, 424. 50 45, 110. 07 1, 647. 11 39, 850. 89 13, 387. 02 Care of indigent Indians____ Payments to Minnesota public school system--. Roads Bridges -- Pay of farmers___ Expenses of Chippewa Commission-- Pay of Indian judges-- Clothing Suppression of liquor traffic--- 349, 413. 09 574.91 3,867.88 249.00 31, 434. 55 24.50 319. 67 23, 048. 79 $377.75 5,302, 22 4, 239. 30 152.00 97, 582.26 546.08 9, 822. 13 112.50 23, 761. 03 $2, 426, 834. 44 No part of the aforesaid sum or $2,426,834.44 has been reimbursed to the United States. 20. During the period July 1, 1927, to June 30, 1934, the United States, although under no obligation so to do, expended out of public funds for the benefit of the Chippewa Indians of Minnesota under other than treaty appropriations the sum of $372,165.64, no part of which has been Reporter's Statement of the Case reimbursed to the United States, and for the purposes and in the amounts shown by the following table: Agency buildings and repairs___. Agricultural aid---. Agricultural implements and equipment_ Automobiles and repairs-‒‒‒‒ Burial of Indians--- Care of indigent Indians- Education- Expenses, care and sale of timber---- Fuel and light---- Hardware, glass, oils, and paints_ Hospitals and equipment---- Medical attention---- Miscellaneous agency expenses--- Miscellaneous employees--- Pay and expenses of field nurses---. Pay and expenses of Indian police__ Pay of Indian judges--- Payments to Minnesota public school systems-- Provisions and other rations-- $39, 145. 09 2,068.87 9.36 5,868. 28 156. 48 82.52 63,771. 63 457.80 49.33 505. 65 1, 461. 49 9,998. 72 3, 536. 94 58,852. 12 36, 884. 65 36, 996. 11 1, 081. 57 12, 545.73 1,358. 54 24, 760. 05 14.59 3.43 72, 539. 91 16.78 $372, 165. 64 21. During the years indicated in the following ten tables the United States supported, maintained, and operated nonreservation Indian schools at Carlisle, Pennsylvania; Chemawa, Oregon (Salem Indian School); Chilocco, Oklahoma; Fort Totten, North Dakota; Genoa, Nebraska; Lawrence, Kansas (Haskell Institute); Pierre, South Dakota; Pipestone, Minnesota; Tomah, Wisconsin; and Wahpeton, North Dakota; and the United States, although under no legal obligation to do so, supported and educated therein children of the Chippewa Indians of Minnesota at a cost, based on the percentage of Chippewa Indian children to the total attendance of all Indian children, of $1,457,918.52. No part of that sum has been reimbursed to the United States. |