“ But it is contended that the spirit of the Constitution requires that the declaration of policy that the government 'shall make no appropriation whatever for education in any sectarian schools' should be treated as applicable, on the ground that the actions of the United States were to always be undenominational, and that, therefore, the government can never act in a sectarian capacity, either in the use of its own funds or in that of the funds of others, in respect of which it is a trustee ”

“ The real defendant in interest is the 'Bureau of Catholic Indian Missions,'-a corporation duly incorporated by chapter 363 of the acts of assembly of Maryland for the year 1894, for the object, inter alia, of educating the American Indian directly, and also indirectly, by training their teachers and others, especially to train their youth to become self-sustaining men and women, using such methods of instruction in the principles of religion and of human knowledge as may be best adapted to these purposes. ”

“ But we cannot concede the proposition that Indians cannot be allowed to use their own money to educate their children in the schools of their own choice because the government is neccssarily undenominational, as it cannot make any law respecting an establishment of religion or prohibiting the free exercise thereof. ”

“ Francis Mission Boarding School' on the Rosebud reservation, is a sectarian school.
'These defendants further say that a contract was made by and between F. E. Leupp, Commissioner of Indian Affairs, for and on behalf of the United States of America, and 'the Bureau of Catholic Indian Missions,' for the care, education, and maintenance during the fiscal year ending June 30, 1906, of 250 Indian pupils of the Sioux tribe of Indians, at the industrial school known as St. ”