The evening times., 1897-06-12
HAYDEN WANTS HIS SHARE
Claims an Interest in Money Due
the ''0ld Settler" Indians.
Alleges That He Is Entitled to the
sum of S24 4,0II.58 and Enters
Suit Accordingly.

Clement Hayden, Of Indian Territory,
Yesterday entered suit before the supreme
court Of the District against William s
Peabody, of Colorado; JOSIAH NJ. VAIL of
the District of Columbia, and Cornelius w.
Bliss, Secretary OF the Interior.
In February, 1892, an agreement was
NJ. Bryan, the commissioner and treasurer
of the 'Old Settler or Western Cherokee
Indians, by which certain contract be-
tween the two parties was renewed and
continued in foiCe for twelve years from
from Decen.ber 9, 1892 The Comm ssioner
OF Indian Affairs approved the contract,
as also did the Secretary OF the Interior
rhe stipulations OF the contract were that
certain profe ssional services should be rem
dereG by Peabody in the interest of Bryan
and the "Old Settler Indians ia the pros
ecution of a certain claim against The
United States, ana he was to receive s
per cent Of the amount recovered.
1t is alleged by the complainant that an
February 10, 1892, Peabody, for valua-
be consideration, assigned 10 the plaintiff
three -eighths OF his interest m the contract,
or an amount equal 10 3 per cent ot what
ever sum should be recovered for the 'Old
Settler" Indians The assignment he
alleges, was duly sanctioned by the prou"r
parties, the Commissioners of Indian Al
fairs and the Secretary or the Interior.
II is averred that Congress, by an act
approved August %, 1894, appropriated
$500, 1856 81 in full payment OF the claim.
Of which amount Peabody and the plaintiff
became entitled to the sum Of S64, ,U30.90,
the plaintiff being entitled 10 24,O11 90.
Ii is further alleged that the Secretary
of the Interior ordered -, 900 paid to
Peabody and the plaintiff, OF which
amount the plaintiff should have received
$4,000, Tut he alleges that Peabody re-
Ceive,I the whole sum. The complainant
alleges that the "old Settler Indians
set aside a sum equal to 80 per cent OF
whatever amount might be received by
them to pay the expenses of the prose-
cution of their claims. Congress by an
act approved June Z, 1897, authorized
and directed the Secretary OF the In
terror to pay to Peabody out of the Indian
appropriation the sum of $4,000 for his
services, and the plaintiff says he is en-
reason of the assignment above men
toned.
The complainant says he 'a- reason to
believe that Peabody intends 90 deny his
liability TO him under the assignment
He prayS for a temporary rest raining
order, en Joining the defendants from pay
ing over or receiving the said sum of
$4,000 or any portion OF il, or in any way
interfering with the receiver prayed for,
which receiver the plaintiff asks to he Iii
rected to take charge OF the $4,000, and
he asks that the court decree that the
plaintiff is entitled TO three-eighths Of
the frst-named sum OF SS, 600, and three
eighths of the last-named sum of $4,000
together with interest
Andrew A. LipScomb is attorney for the
plaintiff.
Justice Cox issued an order made re-
turnahle June g, requiring the defend
ants to answer why the prayer of the
complainant should not he granted.