Ramon Ruiz and Anita Ruiz v. Rogers C. B. Morton, Secretary of the Interior

462 F.2d 818
Court of Appeals for the Ninth Circuit·Decided August 31, 1972·No. 25568·Published·Cited by 26 cases

Opinions

KILKENNY, Circuit Judge:

Ramon and Anita Ruiz, appellants in this cause, are members of the Papago Tribe of American Indians. They reside with one of their children in Ajo, Arizona, some fifteen miles from the Papago Indian Reservation. The Ruiz home is in a section of Ajo known as the “Indian Village,” where the community is predominantly of Papago origin.

Appellants left the Papago Reservation approximately thirty years ago to seek employment in the copper mines near Ajo, operated by the Phelps-Dodge Company. Ramon Ruiz worked in the copper mines until they were closed by a strike on July 19, 1967. Unable to obtain other employment, Ruiz sought welfare assistance from the state of Arizona. He was informed by the Pima County Welfare Director, however, that neither general assistance nor emergency relief from the Arizona Department of Public Welfare was available to striking union members.1 2At the time, the Ruiz family was receiving fifteen dollars per week from the union in the form of strike benefits.

On December 11, 1967, Ruiz applied for general assistance benefits from the Bureau of Indian Affairs [Bureau]. The Bureau notified appellants by letter of December 13, 1967, that such benefits were not available to them. Ruiz appealed to the Superintendent of the Pa-pago Indian Agency, then to the Phoenix Area Director of the Bureau, and was granted a hearing before the latter on January 23, 1968. Under departmental regulations, general assistance benefits are made available only to those Papago Indians living within the boundaries of a reservation.8 The Ruiz appeal was denied on January 25, 1968. The parties agree that the sole reason for the denial of general assistance benefits to appellants was the fact that they resided outside the boundaries of the Papago Reservation.

On February 19, 1968, appellants brought their action in federal district court to compel payment of general assistance benefits to them. The court, after a hearing on cross-complaints for summary judgment, dismissed the complaint and entered judgment in favor of the Secretary of the Interior. This appeal followed.3

Appellants contend that the policy of the Secretary and the Bureau is inconsistent with (1) Congressional intent to provide aid for needy Indians, and (2) constitutional due process.

The initial legislative approval of expenditures here characterized as “general assistance,” the Snyder Act of 1921,4authorized the Bureau, as supervised by the Secretary of the Interior, to expend “such moneys as Congress may from time to time appropriate, for the benefit, care, and assistance of the Indians throughout the United States. . ” [Emphasis supplied] In evalu[820] ating the Congressional intent that lay behind this enactment, we keep in mind the rule that statutes are to be given, wherever possible, “such effect that no clause, sentence or word is rendered superfluous, void, contradictory or insignificant.” Rockbridge v. Lincoln, 449 F.2d 567, 571 (9th Cir. 1971); Richards v. United States, 369 U.S. 1, 11, 82 S.Ct. 585, 7 L.Ed.2d 492 (1962).

The Snyder Act provides that benefits are to be available to Indians “throughout” the United States and, absent persuasive reasons to the contrary, courts will give statutory words their ordinary meaning. Banks v. Chicago Grain Trimmers Ass’n, 390 U.S. 459, 465, 88 S.Ct. 1140, 20 L.Ed.2d 30 (1968). The ordinary meaning of the preposition “throughout” is expansive,5 and it is not the type of restrictive word Congress would presumably have utilized had it intended to limit general assistance to reservation Indians. There is nothing equivocal about the phrase “throughout the United States,” nor do we find anything in the legislative history of the Act that counters its broad thrust.

Although, as the Secretary argues, it is evident that Congress did not intend to create new programs through passage of the Snyder Act, neither did it intend to constrict the Bureau’s jurisdiction nor the scope of expenditures already being made by the agency.6 It is not precisely clear what these earlier expenditures encompassed, but they included general funds for “numerous activities . . . undertaken in order to more speedily bring about the civilization of the Indian tribes. . . . ” 7 It is clear, moreover, that the jurisdictional responsibility of the Bureau had traditionally extended beyond the borders of the reservation. The authority of the Commissioner of Indian Affairs substantially pre-dated the establishment of many reservations, and his jurisdictional mandate was sweeping.8 Congressional interest in the general welfare of those Indian tribes not hostile to the United States was apparent in the period surrounding the creation of the commissioner’s office,9 and was reflected in the broad grant of authority to that office.

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Ramon Ruiz and Anita Ruiz v. Rogers C. B. Morton, Secretary of the Interior, 462 F.2d 818 (9th Cir. 1972).

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