Certificate supplemental to order of court

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On the relation of the United States, by Henry B. Carrington, agent, attorney, etc.,-on the district court, Missoula County.

Pursuant to an order of court entered December 7, 1889, touching guardians for certain Indians theretofore appointed and thereafter to be appointed, I do hereby certify that Rev. J. D’Aste, of St. Ignaius Mission, by virtue of said order, has acted as guardian for Moses and Narcisse (Delaware minor children of Delaware Jim, deceased), as a guardian of Anna, John, and Julia Curren, grandchildren of Widow Maltius, and Indian allotee of Indian land, deceased; also as guardian of Louis, who also signed, although a minor of mature years.
Also that Mary Arlee, widow of Chief Arlee, acted as guardian for her minor grandchildren, Joseph and Mary.
Also that Thomas Adams, father of Eneos and Louise, great-grandchildren of Chief Adoph, and Indian patentee, acted as guardian for his said children.
Also that Madaline, widow of Enous, son f Chief Adolph, acted as guardian for her daughter Katherine.
Also that Aurietta, widow of Bapttise Merengo, Indian patentee, deceased, acted as guardian for Luc and Battice, minor children of said patentee.
Also that Sophie Merango, mother of Louis (Nishan) Merango acted as guardian for heirs, as for her step-son Frank, son of her deceased husband by a former wife.
And said action made is hereby filled pursuant to the order of court aforesaid.
Henry B. Carrington
Agent and Attorney for the United States
And for the Flathead Indians aforesaid.

On the relation of the United States, by Henry B. Carrington, its agent and attorney for certain Flathead Indians.-Before the district court of Missoula County, Mont.-Order of court

In reapplication for the appointment of guardian for certain Indian minors and for Indian patentees absent in parts unknown and for an insane Indian, the more fully to carry into effect an act of Congress approved March 2, 1889, whereby the Secretary of the Interior was directed to have appraised and sold certain lands in Bitter Root Valley, Montana, which had been patented or allotted to Indians, upon securing the “consent” of said patentees or their heirs, to the end that said lands might be sold for the benefit of said patentees or their heirs and the Indians be removed from said valley and the lands aforesaid be opened for settlement under the preemption and homestead laws of the United States.
Pursuant to assignment of said petition for hearing, appeared at 10 o’clock a.m., December 7, 1889, at the county court-house of said Missoula County and before the district judge thereof, the said Henry B. Carrington, agent and attorney aforesaid, whereupon said petition came on to be heard, with the evidence in support thereof, showing, to the satisfaction of said court, that by Congress approved March 2, 1889, the Secretary of the Interior was directed to designate same person to appraise the lands patented to certain Indians in the Bitter Root Valley, with view to the sale of said lands to bona fide settlers, upon first obtaining the consent of said allotters or patentees, or their heirs, and that Henry B. Carrington aforesaid was designated for such duty; that he had already secured the said required consent of the hereditary chief and that of nearly all the adult members of said tribe; that the sale is to be made by the United States for the benefit of said patentees and their heirs; that an Indian patentee, viz., Joseph Matte, as appearing from the testimony of Peter Ronan, Indian agent, having him under his care, and the testimony of John Dade, attending physician at the agency, is insane and not be produced in court without danger; that there are minor heirs of deceased patentees incapable of giving legal consent, such as required, and that certain of the parties in interest have departed to parts unknown; whereupon it is ordered that the prayer of said petition be granted and made of record as a monument of title under the act of Congress aforesaid, as follows, to wit:
First. That Alexander Matte, brother of said Joseph Matte, insane as aforesaid, be appointed guardian to execute for him and in his interest, without bond, the “consent” required by the act of Congress aforesaid.
Second. That Rosaline Pere, widow of Medicine Pere, Indian patentee, deceased, be appointed guardian of her minor children, Samuel, Joseph, and Adeline, to execute for them and in their half, without bond, the consent required by said act of Congress.
Third. That George Red Crow, nephew and heir of Louis Dominick, Indian patentee, deceased, be appointed guardian of the Snake country, or parts unknown, being without child by her late husband, and that said George Red Crow execute for her and in her behalf, without bond, the consent required by said act of Congress.
And whereas it appears in evidence that other cases than those specified in said petition in like manner require the interposition of this court, it is further ordered that Rev. J. D’Aste, principal of the Indian school on the Flathead Reservation, and for twenty years the spiritual advisor of said Indians, who are in his care, and that he be authorized for them and in their behalf to execute, without bond, the consent required by said act of Congress.
And whereas it appears in evidence that other cases than those specified in said petition in like manner require the interposition of this court, it is further ordered that Rev. J. D’Aste, principal of the Indian school of the Flathead Reservation, and for twenty years the spiritual advisor of said Indians, be appointed guardian of all minor heirs of deceased patentees who are in his care, and that he be authorized for them and in their behalf to execute, without bond, the consent required by said act of Congress.
Also, that Joseph Brooks, oldest son of Therese Brooks, Indian patentee, deceased, be appointed guardian of his younger brother Cornelius, residence unknown, and his minor brother Louis, to execute for them and in their behalf, without bond, the consent required by said act of Congress.
Also, that Echinee La Moose, widow of Charles La Moose, Indian patentee, deceased, be appointed guardian of Cecille La Moose, a minor daughter to execute for her and in her behalf, without bond, the consent required by said act of Congress.
Also, that Louis Vanderburg, the father of Mary, widow of Alexander Bear Track, Indian patentee, deceased, be appointed guardian of his minor grandchildren, Charles, Mary, and Pierre, for them and in their behalf to execute, without bond, the consent required by said act of Congress.
And it is further ordered that, if minor heirs be found who have neither relative nor friend to act as their guardian in this behalf, of the absence in parts unknown of any other patentee shall render his consent unattainable in time to secure the early execution of said act of Congress, the certificate of said agent, attorney and relater, in this behalf, of the facts, shall be his authority for signing the consent of said parties, and be taken as the order of this court to that intent and purpose; provided that in such cases, and where guardians have been appointed, but the names of said minors have not appeared in this order, because unknown, the names shall be afterwards furnished the clerk of this court by said agent, attorney and relater, to be filed with other papers belonging to the subject-matter of the petition in this case considered.
C.S. Marshall,
Judge of Fourth Judicial District Court, State of Montana.
State of Montana,
County of Missoula, ss:

I, the undersigned, clerk of the district court of fourth judicial district of the State of Montana in and for Missoula County, do hereby certify the above and foregoing to be a full, true, and complete copy of the order book of said court on pages 127, 128, and 129, and that the same was made and duly entered on the 7th day of December, 1889.
In witness whereof I have hereunto set my hand and the seal of said court this 7th day of December, 1889.
(Seal) Jno. L. Slocum, Clerk
By William Landers, Deputy Clerk.




MLA Source Citation:

Flathead Indians of Bitter Root Valley Montana. Extracts from Senate Executive Document #231 of the 51st Congress, 1st Session concerning Flathead Indian Allotments in Montana. 1889. AccessGenealogy.com. Web. 19 April 2014. http://www.accessgenealogy.com/native/certificate-supplemental-to-order-of-court.htm - Last updated on Jul 31st, 2012


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