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Post by hermin1 on Apr 23, 2011 4:08:30 GMT -5
MK Law has posted the government's memorandum or response to Plaintiff's Petition for Summary Judgement.it was filed on april 20,2011. It is 75 pages long.
Comment from the peanut gallery. The government's attorneys need to go back to school and bone up on the history behind this lawsuit. they claim that the 37 people that Hinman brought back to Santee occurred in 1865. The truth is they came to Santee in 1867. the Santee reservation was already up and running in 1867. See. Roy Meyer's book on our website : History of the Santee Sioux: US Indian Policy on trial.
The govt. claims that the 12 sections of land referred to in Kaardal and the Intervenor Attornies briefs,were never set aside. The land was indeed set aside, William Welsh in his letter to US Grant of may10,1865 tells him that he(Welsh) received the Certificate(for the land)from the Dept. of the Interior . (Ref: The Letters of Ulysses S. Grant May 1 -December 31,1865. pages 40-43). the settling of the Minnesota Indians on the land was stopped by Major General John Pope, with the approval of Ulysses S. Grant. They did not have the president's approval, however.This is in violation of the Act of Feb. 16,1863.
another thing too, land is equivalent to money under the law. so the two acts were indeed money -mandating.
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