The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-06-14
ROSS WINS HIS SUIT.
Puyallup Railroad Builder Gets
His Injunction.
THE INDIANS HAVE TITLE IN FEE
Ne Esssts - RsveRs3oaary Interest In
ksAs Psseated Lanas RsespyeA er
Held By the osvsr,ns.e.

coib court. IN EsanasoS toe 1nfCncucn.
pendease lite. applied for by Frank c. Ross
afains. Edwin Essis, Indian agent. and
Maj French. Capt Carpenter and Lieut.
Goodwin. Uni.ed States army officers, 70
prevent interference BY defendants With
the building Of . railroad across land
within the Puyaiiup Indian reservation.
which has been allotted to individual In
disns in severalty. The application for an
injunction was argued about ten DAYS ago
by Baker 4 Campbell. OF Tacoma, for the
petitioner and by ex- United sases District
Attorney r. II. Winston. who had been
specially retained on behalf Of the govern
ment. Judge Hanford rendered his opin-
ion In the case yesterday. which il -
follows:
United states circuit court, district Of Wash.
ingtou. Northern division.
J. r. French. G. A. Carpenter and ". r tscod.
win. Defendants. Opinion died June lssa
In equity. Bill for an injunction BY Frank C.
Ross agsinst Eauin Eelis, Indian agent and
Maj. French. Capt Carpenter and Lieut. Good
win, ofdcers OF the United states army, TO pre-
vsnt interference oy defendants with the build
iup Indian reservation which has been allotted
TO individual Indians in severaiiy-Applica-
ton Tor injunction peSdenft tie: granted. Baker
4 Campbell for complainant; fatricx Henry
Winston for defendants.
HASyoRp, District Judge.
Tho complainant II engaged in constructing Q
railroad intended for use - . public highway
from the city OF Tacoma acfoae what has been
heretofore the Puysllup Indian reservation, but
the line OF the tntended railroad crosses only
laad which hes been allotted to tho different
heads of families In seseraity and for which
patents have been iaued by the president The
defendant Eeiis IL IN Indian agent OF the Unit
% states. and the other defendants are oficers
OF the United states Amy. BY direction OF the
psesideus they have interfered with tho build.
Ing OF SAID railroad, aud threaten and intend to
prevent tho same By force, and this suit II
brought for an injunction to restrain them from
such interference. The title 20 the land upon
which the proposed railroad 10 to be located,
and the rights OF the parties as affected thereby.
can b stated In the moat concise manner By
copying an extract from the report OF the com.
mission appointed BY President Harrison In
pursuance OF the oct OF congress approved Au-
gust 10. 1870 Is U. g. Statutes. s5a
The Puyaiiup reservation was set apart under
United states and the NisQuaiiy and other
bands OF Indians 90 Stat l.. l.l321, and execu-
tive orders Of January %. 1857. ana september 8.
and east Of the Willamette meridian, and a.
finally sstablishsd, II contained about lso5o
acres.
The treaty Of December %. 1854 contained this
proviaion:
.AsrIcLE & The president may At
his discretion, cause the whole OF any portion Of
a. may b selected in lieu thereof 10 s. sur.
veyed into lots. and aasign the same TO such In
dividua,s OF families q are willing 10 avail
themselves OF the pfiviicEs and will locate ON
the came - . pormsneus home. on the came
terms and subject 70 the same regulations q are
provided In the sixth article OF the treaty With
the omahas. 20 ias - the same may b appsi.
In pursuance OF this article the PuyalIup
reservation was Surveyed into lots, and the sur
vey was approved on the S,h Of January. 1874,
tory.
Up to the So,h day OF January. 1886, no lands
In the reservation were patented to Indians In
severalty, but on that 1ay the president signed
i66 patents 30 individual Indians for tracts, the
aggregate quantity conveyed BY all of which
was fraction less than IL A63 acres. The recitais
were the same - in all the Others. To show tho
terms OF them all, copy Of one 10 here pre-
scented, IS foilows:
1.-The United states Of America to all 70 whom
these presents shall como. greeting:
"Wheieas by the the sixth article of the treaty
concluded on the twenty sixth day of Deem Der,
Ammo porini one thousand eight hundred and
fttyfour. between Isaac l. Stevens. governor and
super intendent OF Indian affairs 81 W ashiug,on
territory. on the part Of the United statcs aud
the chiefs. headmen and delegates OF the Ms
sHomamisb. stehehas, I. peeksin. sQuiaiti and
se-heh- wsmssh tribes and bands of Indiana. IL
Is provided that the PRESIDENT may. Mt his dis
crstion, cause the whole or any portion OF the
lands hereby reserved, or of such other lands a.
may be selected In lieu thereof, to 10 survsged
into lots and assign the same 10 such indivd.
uals or families a. are willing to avail them
selves OF the privilege ana will locate on the
same as permanent home, on the same terms
and subject 70 the Same regulations 40 are pro-
vided In the sixth article OF the treaty with the
Oraasa, 90 far ~ the same may be applicable
And. whereas. there has been deposited in the
general land Office OF the United states an order
fxaA 1SfA Ia
OF the interior. accompanied by q return dated
October -. lisa. from the ofiice OF Indian afvairs
With iist approved October q. 1884 BY the
president Of the United States, showing the
names Of memoirs OF the Puyaliup band OF In
diana who have made selections of lands in ac.
cordance with the provisions OF the said treaties.
been designated ~ the selection OF Che-cay-lad
or John Tow aliad. the head of family consis,-
ing Of himself and Mary Ann, viz, the south.
west ausrfes o. tns northwest quarter of section
one Ia township twenty norm OF range three
east OF the Willamette meridian, Washington
territory, containing forty scres
Now. know ye, that the United States OF
America, in consideration OF the promises aud
in accordance VITA the directions O; the presi.
dent of the United states. under the aforesaid
sixth article OF the treaty of the sixteenth
day OF March, Ammo Domini one thousand eight
hundred and dsty-four, with the Omaha In.
dians, has given and granted and by these nres.
snts does give and gran. INTO the said Chc gay
lad, or John Towallad, 40 the head O! the family
~ Aforesaid. and 70 his heirs. the tract OF land
above described, bat with the mutation CON.
tanned in the said sixth article OF the treaty win
the Omaha Indians, that the said trac, ANAL :.
not Do alieaed or leascd for q longer term than
two yeass, ana shall bc exempt iron ievy, sale,
o. forfeiture, which conditions shall continue
in forcc until q state constitution embracing
such lands Within its boundaries shaif have
been formed aud the legislature of the ssats
shAil remove The restrictions, aud no sta,e
shali remove the restrictions with.
out The consent Of conzress
TO have aad 10 hold the said tract of land.
With the sppnrtenanecs. unto the said Che gay.
~ aforesaid. and TO his heirs forever, win the
aforesaid
'!n testimony whereof l, Grover Cleveland.
president. OF the Tinted States. have caused
these letters TO - made patent, ana the seal of
the general land ofiec TO BE hsreun,o afiixed
.-uiven rndes my hand at tie city of w. shinx-
ton .his Ssth day OF January. in the rear OF our
l. rrc ons thousand eight hundred aud eighty.
SIX, and OF the Independence Of the Cnited
States tue one hundred ana tenth By the
PRESENT nv vcr 9sovxs ctKvEI.Sn"
Tie reference liz the latent 10 the sixth ar.
,ss.e Of the treaty With the Oraaaas ruskeA IL
proper 10 insert here ths; article II is a. fol-
ARTICLE The president nxy from time q,
nrne, a. ais discretion. came the whole or saca
portions of tho land hereby reserved a. he may
think proper. or es sseh other Land As NAV be
sc sc;ec IN lieu thereof. a. provided for ia az
tlee nrsi, 10 &c surveyed a;o lots add 10 assign
sa such Indian o. Indians o! said tribe a. are
~s&A4sse 10 avail % sLS privilege, an Z who Will
ioSa.e Ga tho same ~ permanent home, If q
slasle person over twenty one years OF are one
s'xhth OF . secssoa. 90 each family O! swo one
quarter section: 20 each family O. taree snd NOT
exceeding isve. oae- Ia. section; to each family
81 six and nes exceeding ten, one section AMI
so each family ever ten ~ agmher, cnea aarfeY
section Tor every sdaitioasi ave member. And
r. nay prescribe sgeh gaiea and regulations a.
viii insure TO the family "a case o. death OF the
head Iaeseaf the possession and enjoyment OF
.aea permanent bone ard tbs improvements
iaereon- And sas president saay. .: sGy ZINE