CHARLES N. PRAY COLLECTION AT THE UNIVERSITY OF MONTANA-MANSFIELD LIBRARY-MISSOULA CAMPUS,
BLACKFEET FEDERAL COURT CASES SUPPORTING TRIBAL SOVEREIGNTY AND THE RESERVATION OF TRUST ALLOTMENTS AND MINERALS TO THE UNITED STATES FOR THE BENEFIT OF THE BLACKFEET TRIBE OF INDIANS
Blackfeet Forced Fee Patents
U.S. V. GLACIER COUNTY, et al, The judge’s decision ruled that the Blackfeet lands were to be held by the [federal] government for a period of twenty-five years and to be free from [state] taxation during that period, but that within two years after the issuance of the [Blackfeet] trust patents, the government [BIA] under a statute hereinafter referred to, issued patents in fee to the [Blackfeet] Indians without any application therefore by the Indians, and without their consent. Thereafter the [Blackfeet] lands were listed for taxation in Glacier County and the [Blackfeet] Indian owners were required to pay [county] taxes. Some of the Indians defaulted in the payment of [county] taxes and later the county obtained tax titles to their lands. Why the patents in fee were issued in such numbers and under such circumstances before two years of the trust period had expired does not clearly appear [These were the BIA forced fee patents land frauds we are still fighting today]. However, all of these patents in fee were later cancelled under acts of Congress of Feb. 26, 1927 (25 U.S.C. A., Sec. 352 (a) and of Feb. 21, 1931, (25 U.S.C.A., Sec. 352 (b). [The Interior Department did not comply with the federal court decision and the lands remain in white ownership]. The Attorney General of the United States in an opinion delivered in 1888, “That the [Indian] allotment lands provided for in the Act of 1887 [General Indian Allotment Act] are exempt from state or territorial taxation upon the ground above stated, namely, that the [Indian] lands covered by the act are held for the period of twenty-five years in trust for the Indians, such trust being an agency for the exercise of a federal power, and therefore outside the province of state or territorial authority. But that the Secretary of Interior seems to have been given authority by the Act of May 8, 1906, (Title 25 U.S.C.A., Section 349) to issue patents in fee to [Indian] allottees and remove all restrictions to sale, incumbrance, or taxation. Under this act the fee patents in question were issued to the [Blackfeet] Indians. There appears to be no reason why the court should not hold here, as it has held heretofore, when the same question in substance has been presented, that the Indian possessed the right to have his lands free from state taxation for the period expressed in the patent, and that no act of Congress, such as the foregoing appears to be, could disturb or impair that right, (Choate v. Trapp, 224 U.S. 665; Morrow v. U.S., C.C.A.S.., 243 Fed. 854; U.S. v. Bemewah County, C.A.C,A. 9, 290 Fed. 628. It was held in the Morrow Case, above, that the government may in its dealings with the Indians create property rights which, once vested, even it cannot alter, and an array of cases are cited in support of this declaration. The quotations by counsel from all of these cases are cited in support of this declaration. The quotations by counsel from all of these cases are directly in point. No application was made or consent given in respect to the issuance of fee patents. In the Benewah County case it was held that the issuance of fee patents, without the application and consent of the [Indian] allottees rendered such act illegal.
Blackfeet Mineral Rights Reservations
In U.S. v. Frisbee et al, the government brought suit to quiet title to the lands described in the complaint, wherein through inadvertence and mistake on February 15, 1930, a fee simple patent, numbered 10348112, to said lands, was issued to Amy Sherman, who was also known as Amy Rides at the Door and Amy Running Fisher, under the alleged requirement of reservation of all of the mineral rights, including coal, oil, and 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 said patent, all of which is alleged to be contrary to the Act of June 30, 1919 (41 Stat. 17); the pertinent provisions of which are as follows: That any and all minerals, including coal, oil & 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 fee simple patent issued here in question was issued under the general Indian Allotment Act of 1887 is not a matter in dispute. This act, which has been amended from time to time, provided for the allotment of lands of different acreage in severalty to the Indians of the several reservations. After considering the various acts and authorities brought into the controversy the court is of the opinion that the Act of June 30, 1919, became a part of the general allotment act, 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, until Congress shall otherwise direct; and then follows the concluding sentence which makes the requirement doubly mandatory, “and patents hereafter issued shall contain a reservation accordingly.” The motion of plaintiff for a summary judgment should be granted, and such is the order of the court herein. Judge Charles N. Pray
QUESTIONS: We have tried nearly every tactic to get the federal government to take up and investigate the Blackfeet forced fee patents frauds, but it seems the Reagan Administration stonewalled the claims in 1980, and there has been little support since for the allottees. This is a national problem with 10,000,000 acres nationwide taken by forced patents unresolved as far as the Indians are concerned.
I suppose the Indian minerals were taken too, especially in the Oklahoma tribes, but coal is included in the mineral reservations. I saw where many of the Crow Allottees were listed in the pre-1966 Indian Money Damage Claims in the Billings Area Office. There seems to be a commonality here among Indian people nationwide, that makes it a national issue of political importance to many tribes.
I think there is sufficient evidence and legal precedence but the issue needs a political agenda with the support of national Indian organizations. The issue of Indian allotment has been heard by Congress in 1980 and the confession by the BIA to the Senate Select Committee on Indian Affairs to complicity in the claims in 1979 in on record. [Statement of Forest Gerard, Assistant Secretary for Indian Affairs].
We want to try the National Whistleblowers Act but need guidance on whether these frauds of Indian land and minerals would qualify under that law. It seems that when President Reagan stonewalled the claims in 1980 the individual Indian allottees had no recourse to his actions, and the forced patents were left unresolved by Congress.
It may only take a new tribal resolution by the Blackfeet Tribal Business Council to break it open, I don’t know at this point.
One other factor since 1980 was the alignment of Chairman Old Person with the BIA in suppressing the Blackfeet claims at the reservation level.
I know this is a tribal political problem, but the new tribal council members seem supportive. Any thoughts?
Thanks from Bob Juneau, and Robert C. Juneau, Blackfeet tribal claims researchers.
BLACKFEET FEDERAL COURT CASES SUPPORTING TRIBAL SOVEREIGNTY AND THE RESERVATION OF TRUST ALLOTMENTS AND MINERALS TO THE UNITED STATES FOR THE BENEFIT OF THE BLACKFEET TRIBE OF INDIANS
Blackfeet Forced Fee Patents
U.S. V. GLACIER COUNTY, et al, The judge’s decision ruled that the Blackfeet lands were to be held by the [federal] government for a period of twenty-five years and to be free from [state] taxation during that period, but that within two years after the issuance of the [Blackfeet] trust patents, the government [BIA] under a statute hereinafter referred to, issued patents in fee to the [Blackfeet] Indians without any application therefore by the Indians, and without their consent. Thereafter the [Blackfeet] lands were listed for taxation in Glacier County and the [Blackfeet] Indian owners were required to pay [county] taxes. Some of the Indians defaulted in the payment of [county] taxes and later the county obtained tax titles to their lands. Why the patents in fee were issued in such numbers and under such circumstances before two years of the trust period had expired does not clearly appear [These were the BIA forced fee patents land frauds we are still fighting today]. However, all of these patents in fee were later cancelled under acts of Congress of Feb. 26, 1927 (25 U.S.C. A., Sec. 352 (a) and of Feb. 21, 1931, (25 U.S.C.A., Sec. 352 (b). [The Interior Department did not comply with the federal court decision and the lands remain in white ownership]. The Attorney General of the United States in an opinion delivered in 1888, “That the [Indian] allotment lands provided for in the Act of 1887 [General Indian Allotment Act] are exempt from state or territorial taxation upon the ground above stated, namely, that the [Indian] lands covered by the act are held for the period of twenty-five years in trust for the Indians, such trust being an agency for the exercise of a federal power, and therefore outside the province of state or territorial authority. But that the Secretary of Interior seems to have been given authority by the Act of May 8, 1906, (Title 25 U.S.C.A., Section 349) to issue patents in fee to [Indian] allottees and remove all restrictions to sale, incumbrance, or taxation. Under this act the fee patents in question were issued to the [Blackfeet] Indians. There appears to be no reason why the court should not hold here, as it has held heretofore, when the same question in substance has been presented, that the Indian possessed the right to have his lands free from state taxation for the period expressed in the patent, and that no act of Congress, such as the foregoing appears to be, could disturb or impair that right, (Choate v. Trapp, 224 U.S. 665; Morrow v. U.S., C.C.A.S.., 243 Fed. 854; U.S. v. Bemewah County, C.A.C,A. 9, 290 Fed. 628. It was held in the Morrow Case, above, that the government may in its dealings with the Indians create property rights which, once vested, even it cannot alter, and an array of cases are cited in support of this declaration. The quotations by counsel from all of these cases are cited in support of this declaration. The quotations by counsel from all of these cases are directly in point. No application was made or consent given in respect to the issuance of fee patents. In the Benewah County case it was held that the issuance of fee patents, without the application and consent of the [Indian] allottees rendered such act illegal.
Blackfeet Mineral Rights Reservations
In U.S. v. Frisbee et al, the government brought suit to quiet title to the lands described in the complaint, wherein through inadvertence and mistake on February 15, 1930, a fee simple patent, numbered 10348112, to said lands, was issued to Amy Sherman, who was also known as Amy Rides at the Door and Amy Running Fisher, under the alleged requirement of reservation of all of the mineral rights, including coal, oil, and 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 said patent, all of which is alleged to be contrary to the Act of June 30, 1919 (41 Stat. 17); the pertinent provisions of which are as follows: That any and all minerals, including coal, oil & 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 fee simple patent issued here in question was issued under the general Indian Allotment Act of 1887 is not a matter in dispute. This act, which has been amended from time to time, provided for the allotment of lands of different acreage in severalty to the Indians of the several reservations. After considering the various acts and authorities brought into the controversy the court is of the opinion that the Act of June 30, 1919, became a part of the general allotment act, 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, until Congress shall otherwise direct; and then follows the concluding sentence which makes the requirement doubly mandatory, “and patents hereafter issued shall contain a reservation accordingly.” The motion of plaintiff for a summary judgment should be granted, and such is the order of the court herein. Judge Charles N. Pray
QUESTIONS: We have tried nearly every tactic to get the federal government to take up and investigate the Blackfeet forced fee patents frauds, but it seems the Reagan Administration stonewalled the claims in 1980, and there has been little support since for the allottees. This is a national problem with 10,000,000 acres nationwide taken by forced patents unresolved as far as the Indians are concerned.
I suppose the Indian minerals were taken too, especially in the Oklahoma tribes, but coal is included in the mineral reservations. I saw where many of the Crow Allottees were listed in the pre-1966 Indian Money Damage Claims in the Billings Area Office. There seems to be a commonality here among Indian people nationwide, that makes it a national issue of political importance to many tribes.
I think there is sufficient evidence and legal precedence but the issue needs a political agenda with the support of national Indian organizations. The issue of Indian allotment has been heard by Congress in 1980 and the confession by the BIA to the Senate Select Committee on Indian Affairs to complicity in the claims in 1979 in on record. [Statement of Forest Gerard, Assistant Secretary for Indian Affairs].
We want to try the National Whistleblowers Act but need guidance on whether these frauds of Indian land and minerals would qualify under that law. It seems that when President Reagan stonewalled the claims in 1980 the individual Indian allottees had no recourse to his actions, and the forced patents were left unresolved by Congress.
It may only take a new tribal resolution by the Blackfeet Tribal Business Council to break it open, I don’t know at this point.
One other factor since 1980 was the alignment of Chairman Old Person with the BIA in suppressing the Blackfeet claims at the reservation level.
I know this is a tribal political problem, but the new tribal council members seem supportive. Any thoughts?
Thanks from Bob Juneau, and Robert C. Juneau, Blackfeet tribal claims researchers.
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