
    F. F. GREEN v. THE MENOMINEE TRIBE OF INDIANS AND THE UNITED STATES.
    [46 C. Cls. R., 68; 47 C. Cls. R., 281; 233 U. S. R., 558.]
    
      On the plaintiff's appeal.
    
    It is agreed by and through the Indian agent and the head men of the tribe that the tribe will indemnify the claimant and assume the payment for all supplies furnished to enable the Indians to cut and sell timber, they being at the time destitute and lacking the equipment and supplies necessary therefor; it being at the same time agreed that payment shall be made out of the first proceeds arising from the sale of timber, the sale to be made through the Indian agent.
    This case was first heard upon the defendants’ demurrer to the original petition. An amended petition was filed and the court below decides:
    I. The Revised Statutes (§§ 2103, 2106) provide that no agreement shall be made by any person with any tribe of Indians except in the manner prescribed by the statute, and that it must be in writing and approved by the Secretary of the Interior. An agreement wMcli does not comply with these conditions can not be enforced in this court.
    II.A jurisdictional statute which merely waives the statute of limitations and confers authority to determine and render final judgment for any balance found due for supplies furnished to members of an Indian tribe, and then “ determine if such liability be that of the said Menominee Tribe of Indians as a tribe or that of individual members of said tribe," is a statute which does not create a claim nor declare a liability.
    III. The action of the Commissioner of Indian Affairs in sending a special agent to make some arrangement whereby destitute Indians could obtain equipment and supplies which would enable them to cut and sell timber can not be construed as authority to create a liability against the tribal funds.
    IV. The extent of the liability of the tribe under the agreement in this case was that proceeds arising from the sale of timber should be first applied to the payment of the supplies furnished. The default of the agent in not so applying the proceeds of the money can not be held to be the default of the tribe.
    The decision of the court below is affirmed.
   Me. Chief Justice White

delivered the opinion of the Supreme Court May 11,1914.  