Joseph McKenna

“ The treaty provided that as soon as the location of the reservation should have been approximately ascertained, it should be surveyed in conformity with the system of government surveys, and that any Indian of bands parties to the treaty, either male or female, who should have 10 acres of land under cultivation, should be entitled to a certificate showing him to be entitled to 40 acres and a like number of acres for every additional 10 acres cultivated until the full amount of 160 acres should be certified. ”

“ The plaintiffs, one a minor (No. 112) and the other an adult (113) , residing on the White Earth Indian Reservation, brought these actions to determine their rights, respectively, to allotments of land under the provisions of a treaty with the Chippewa Indians proclaimed April 18, 1867 [16 Stat. at L. 719] , and certain acts of Congress relating to such Indians. ”

“ The 1st section of the act provided that where any tribe or band of Indians had been or should be located upon any reservation created for their use by treaty, act of Congress, or executive order, the President was authorized, if the reservation or any part thereof was advantageous for agricultural and grazing purposes, to cause the reservation to be surveyed or resurveyed, and to allot the lands in severalty as follows: To each head of a family, 1/4 of a section; to each single person over eighteen years of age, 1/8 of a section; a like fraction to an orphan child under eighteen years ”

“ Subsequently the agent required the clerk to cancel the allotment, on the ground that the lands were pine lands, and notified Moores of such cancelation, which was done by mail, and he was directed to select other lands for his children. ”