In United States of America, Plaintiff, v. C.E. Frisbee, [Glacier County Attorney] J.L. Sherburne, [Agency Trader] Texas Co. [Texaco] et al, Defendants. Judge Pray In The District Court of the United States In and For the District of Montana; Decision No. 313: The question before the court at this time in the above entitled cause is on the motion by plaintiff for a summary judgment. This suit was brought by the plaintiff to quiet title to the lands described in the complaint, wherein through inadvertence and mistake on February 15th, 1930 a fee simple patent, numbered 1034812, to said lands was issued to Amy Sherman, who was also known as Amy Rides At The Door and Amy Running Fisher, wherein the alleged requirement of reservation of all of the mineral rights, including coal, oil & gas to the United States of America, for the benefit of the Blackfeet Tribe of Indians, was omitted, without authority of law, from the provisions of the said patent, all of which is alleged to be contrary to the terms of the Act of June 30th, 1919; the pertinent provisions of which are as follows: That any and all minerals including coal, oil and gas are hereby reserved for the benefit of the Blackfeet Tribe of Indians until Congress shall otherwise direct, and patents hereafter issued shall contain a reservation accordingly. The patent in question was issued after the enactment of the above statute and without the reservation therein required. From a perusal of the complaint and answer it does not appear that any material question of fact remains to be considered and that only questions of law are now involved. The court has examined the briefs of counsel for the respective parties and many of the numerous statutes and authorities cited. It is the estimation of counsel for plaintiffs that the reservation [of minerals] should have been incorporated in the patent, and since the officers responsible failed in their duty to include the reservation in question in the patent at the time of the issuance, the law itself becomes a part of the patent, and the reservations must be regarded the same as if incorporated therein. Defendants contend that the terms and provisions respecting reservation of minerals do not apply to general allotments of the Blackfeet Tribe of Indians, but that the reservation applies only to the 80 acre homestead allotments. Defendants therefore allege in their cross-complaint that reservations of minerals contained in restricted fee patents numbered 866535 and 1018647 were erroneously included therein and without authority of law, wherefore defendants claim that the fee simple patent issued to Amy Sherman, No. 1034812 is good and valid and so also is their title to the coal, oil and gas underlying the lands described herein. The only question presented here is whether the fee simple patent to Amy Sherman, to the lands in question, was lawfully issued under the general allotment act of 1887, without restrictions contained in the Act of June 30th, 1919. It also appears from paragraph 12 of the complaint that on November 14, 1922 another patent, No. 887819, was issued to Annie Rides At The Door, under the Act of June 30, 1919, containing the reservation aforesaid, although this particular piece of land is not involved in this suit. The court is of the opinion that the act of June 30, 1919, became a part of the general allotment act of 1887 and that ALL FEE SIMPLE PATENTS SUBSEQUENTLY ISSUED WERE REQUIRED TO CONTAIN A RESERVATION OF "ANY AND ALL MINERALS, INCLUDING COAL, OIL AND GAS FOR THE BENEFIT OF THE BLACKFEET TRIBE OF INDIANS-AND THEN FOLLOWS THE CONCLUDING SENTENCE WHICH MAKES THE REQUIREMENT DOUBLY MANDATORY; "AND PATENTS HEREAFTER ISSUED SHALL CONTAIN A RESERVATION ACCORDINGLY." Judge Pray lectured the officers of the government [Secretary of the Interior and Commissioner of Indian Affairs] "The issuing of the patent without the reservations did not convey what the law reserved, and all persons are chargeable with notice thereof. From the authorities cited it appears that the act of the executive officers issuing the patent without including the reservations aforesaid could not affect such reservations and the purchasers were chargeable with knowledge of the limitations imposed upon the title by Act of Congress; and it was further held that the law becomes a part of the patent that no federal official can waive or render inoperative because of failure to incorporate the limitation or reservation in the patent. There seems to be nothing ambiguous or uncertain about the provisions of the statute in question, nor doubt as to their applicability to the patent to the lands described in complaint. The motion of plaintiff for a summary judgment should be granted and such is the order of the court. Judge Pray. In another jurisdictional issue of state lands on the reservation granted for school purposes, the state of Montana is claiming mineral rights on the Blackfeet Reservation. In 1931 Forrest Stone, Superintendent of the Bureau of Indian Affairs, stated to the Commissioner of Indian Affairs, "In looking over the record here, I cannot find anywhere where any part of this reservation is designated as state school land. The only lands set aside for school purposes is the Blackfeet Boarding School. It would be appreciated if the Indian Office could furnish me with some kind of schedule showing what lands are set aside on the Blackfeet Reservation as State School Lands." In addition to no state school lands there are no townships on the reservation incorporated under state jurisdiction, the townships of Browning and Babb are designated as tribal townships because the Blackfeet Chiefs protested any state law or jurisdiction on the reservation, and the Blackfeet Agency township is a federal reservation for the purpose of fulfilling treaty obligations. There is no jurisdiction on the reservation except Blackfeet Tribal Jurisdiction with federal laws that enforce the Blackfeet Treaty, all others are nothing but squatters. But, the ignorant tribal council is so greedy to get their hands on the water compact money they have sold us to white men and things will get worse after the compact because void patent in fee titles of white men in Glacier and Pondera counties will be legitimized if we vote to approve the water compact already approved by the council. WHAT HAPPENED TO REQUEST FOR A SENATE INVESTIGATION OF LAND FRAUDS?Blackfeet Tribal Business Council Resolution no. 224-2001 passed unanimously by the tribal council on August 9, 2001 states in part: Whereas, The Blackfeet Tribal Business Council has completed a study on Blackfeet allotted lands, minerals, forced patents, and state and county government illegal incorporation on the Blackfeet Indian Reservation; and, Whereas, The Blackfeet forced patents are a result of a criminal conspiracy of Indian Bureau employees and local whites documented by a United States Senate investigation in 1929; and Whereas, The creation of Glacier and Pondera counties on the Blackfeet Reservation by the Montana Legislature in 1919 violates disclaimers contained in the 1889 and 1972 state constitutions; violating the Blackfeet treaty with the United States; and Whereas, The Blackfeet Allottees and Blackfeet Nation have suffered epic poverty and diminished tribal sovereignty as a result of these actions; now, Therefore Be It Resolved: That repatriation of allotted lands and minerals be made to affected allottees and reparations be paid affected allottees; and tribal sovereignty be re-established upon the Blackfeet Nation and that all tax monies collected by the state of Montana, Glacier and Pondera counties be refunded to the Blackfeet Tribe, and further that the Senate Indian Affairs Committee investigate the Blackfeet Tribe and Blackfeet allottee complaints. Signed: Earl Old Person, Chairman and Leo Kennerly Jr. Secretary.
[historical note by Bob Juneau]: when we got this resolution passed in 2001 with the help of Jim St. Goddard, who lobbied for us, chairman Old Person was traveling around the country with his niece, and was very angry that Ed Spotted Eagle and I, had outflanked him and got the request for a senate investigation passed, but he told us he was going to get it rescinded, and he told the lawyer for the Senate Indian Affairs Committee that the Blackfeet allottees and heirs did not want to pursue their land and oil claims. That is the treason Old Person has done to the Blackfeet people, he sided with the BIA and white men in the water compact. He is the tribal demon. Vote no on the compact until we get our stolen land and oil returned with $1. 6 billion dollars in just compensation from the Congress.
No comments:
Post a Comment