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Show REPORT OF COMMISSIONER OF INDIAN AFFAIRS. 49 I I I CONTRACTS FOR SECTARIAN SCHOOLS. I As recited in my report for 1907, the Bureau of Catholic Indian Missions, of Washington, D. C., asked that contracts be granted it for the fiscal year 1908, payable out of tribal funds, at St. Johns Boarding School, Osage Agency, Okla., for 65 pupils at $125 per capita per annwn; at St. Louis Boarding School, same agency, for 75 pupils at $125 per oapita per annum; and at St. Joseph's Indus-trial Boarding School, Green Bay Agency, Wis., for 150 Menominee pupils at $108 per capita per annum. This was done. In its letter of June 28, 1907, the bureau requested also that "in case the court of appeals of the United States decides that both trugt and treaty funds of the Indims may be used for the education of Indian children in mission schools," the letter be considered a formal application for contracts for its schools at Crow Creek, Pine Ridge and Rosebud agencies, S. Dak.; Northern Cheyenne Agency, Mont., and Quapaw Reservation, Okla. On November 29, 1907, the court of appeals of the District of Co-lumbia in the appeal and cross appeal of Reuben Quickbear, et al., appellants, v. Francis E. Leupp, Commis$oner of Indian Affairs, et al., and Francis E. Leupp, Commissioner of Indian Affairs, et as., v. Reuben Quickbear, et al., delivered its opinion, of which the fol-lowing is the syllabus: 1. Under existing legislation of Congress wlth respect to the Indian tribe- *he position of the Unlted States with respect to the socalled "Sioux treatg fund" and the " Sioux trust fund " is practically that of a trustee, while, with respect to gratuitous appropriations for the support of Indian aehools, its msition is'that of a voluntary donor and a limitation may attach to the USQ bP the gift money without attaching to the trust money. 2. The so-called declarations of policy, with the limitations and restrieticwln found in the several appropriation acts of Congress ae to the use of money appropriated for Indian education in contracts with sectarian aehools, concern ehy gratnjtous appropriations of public money to the cause Of Indian eduea-trw, and have no application with respect to the expenditure of such funds as trbe 'so-called " Sioux treaty fund " and the " Sions trust fuhd," although such fund8 are applied for educational purposes. 3. A decree enjoining the application of a part of the "Sioux treaty fund" to the education of certain Indian children in a sectarian school reversed and tne bill dismissed. In accordance with this decision the Bureau of Catholic Indian Missions was advised that its request could be granted, and petitions ' were prepared under the usual restrictions and placed before the Indians of the Rosebud, P i e Ridge, Northern Cheyenne, Crow Creek and Lower Brule reservations. A sufficient number of signatures having been procured, contracts were made for the several schools. . |