The Washington times., 1901-08-19
INDIAN LAND CASES TODAY.
Justice Barnard to Hear the Claims
of Oklahoma Petitioners.

The question of the legality of the
claims of certain persons to lands IN the
reservations of the Apache, Comanche'
and Kiowa tribes of Indians, in Oklahoma
Territory will come up for consideration
today before Justice Barnard, of the SUI
preme Court of the District. The matte;
will be heard on the answer OF the sec
rotary of the Interior to a rule issueu pS
Justice Clabaugh on August last reduir-
ing the Secretary to show cause why ne
ebo,,Id NOT be compelled to allot certain
lands in Oklahoma to the petitioners. IL
hammered that by order of the Secretary
of the Interior the lands IN dispute
were to be opened up, or thrown open
for settlement en- August at a. M Inc
petitioners, most of whom are white men
who have been admitted to the tripes
upon marrying Indian women, and VINO
have resided for many years upon inc
lands to which they claim title, asked tIae
a writ of mandamus be issued against
the Secretary of the Interior anu aiso
that he be enjoinej from throwing open
for settlement the lands In question. Inc
court declined to issue the injunction assn
cd for. but issued a rule against the Sec
rotary, requiring him to snow cause On
August 10 why he should not allot to the
ed Hearing on the matter was postpoheu
on the day set until today.
While the court refused to issue an IN
junction against the Secretary of the In
terror, it is stated by one OF the attor-
news for the petitioners that Immediately
unon recent of information that the pos
session of the lands would be contested
he telegraphed the department agent at
oklahoma that proceedings had been IN
et,tuted in the local courts involving the
title to the lands. Whether or not TINS
notice affected the action OF persons uesI
ing to take possession OF the lanus Is NOT
The persons who, in their petition for
a writ OF mandamus, virtually laid claim
OF ownership to the lands in dispute are
Emmett Cox, son-in-iaw OF tns ian Gus
manches: Willis c. West, William u w IL
liams, Ethel Williams, Lillian Miihat ms
Mamie Zadoka, Lyon X. BlnghaH, fsor-
ert Curtis, Jack McLane, g. w. McCanp-
he'll. and Thad Smith. Their attorneys
are William II. Robson, w. e. Sheeley'
and w. S. Field 5 :.
is alleged have been residents of the Ter
ritory for about thirty years. Besides
being interested in the cattle business
most of them are engaged IN asrIcu IyIi,
| and merchandising, and are wealthy VIII
| lam q WfIIiams is president of the bank
| in the neighborhood in which ne resides
| and is also president of the Oklahoma
| Grocery company Emmett Cox is also
| reunited TO be very wealthy. All the petl-
| TONERS claim the rights of Indians pc
cause they have been adopted by the dli-
| ferent tribes with which they are ANNA
| ted and so claim the same privileges In
| the selection of lands under the contract
| with the United States Government as Is
| accorded the aborigines. Under this agree
! ment Emmett Cox chose the section oil
| land upon which he had lived for q long
| while and which he had improved. lie
| was informed that he would not be per
| mitted to hold this section. but would DC
| given different section. When COX Wen'
| to examine the section which had been
! allotted him he discovered that 1t was
| barren and worthless. He protested
| against the allotment and peuoned foI
another section. He was allowed tc
| choose one, and it was afterward discov-
| cred that the one he had selected was
| adjoining a town site. Cox was informed
| that this choice could not stand, and IL
| addition was given to understand that ht
| was not entitled under the law 10 choose
| a section of land. The cases OF other OF
| the petitioners are similar TO that of Cox
| At the hearing today the Government
| will be represented by District Attorney
| Gould 1t is understood that the petition
| ers intend to exhaust every means within
| the limit of the law before abandoning
| their fight for the possession OF the land:
which they claim are justly theirs.
| 1t is expected that Justice Barnard
| during the next two weeks Will take vi
| for consideration several divorce cases, IL
which the testimony on both sides ha:
| been completed.