Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-06-25
ASK FOR SPECIAL APPEAL
LONE WOLF AND OTHER INDIAN
DELEGATES IN COURT.
Court of Appeals Denies Motion i'm
Their Behalf-Text of the
Opinion.

A number of red men. attired in the up
to-date garb of civilization, were present in
force this afternoon in the chamber of the
Court of Appeals of the District of Column
bia. The Indians famed vigorously and
listened intently to the arguments of
counsel, and apparently followed the trend
thereof. The party comprised Lone Wolf,
Eshitie, White Buffalo, Ko-Koy-Taudle,
Mar-Mo-Car-Wer Narwats, Too-Wi-Car-Ne,
William Tivis and Delos K. Lonewolf. They
claim to be the accredited representatives
of the confederated tribes of the Kiowas,
Apaches and Comanches. They are trying
by every possible legal means to prevent
the government of the United States,
through the Secretary of the Interior the
commissioner of Indian affairs and the COM
missioner of the general land office, from
opening up for settlement something like
100000 acres of their lands, located in the
territory of Oklahoma.
The Indians contend that the act of Con-
gress under the provisions of which the
officials intend to open the lands is uncon-
stitutional. Justice Bradley recently held
that the questions at issue purely po-
lftfcal in nature and are not within the
purview of judicial consideration. The In
dams are asking the Court of Appeals to
grant them special appeal from the rul-
ing Of Justice Bradley. They were repre-
scented by VIM. NJ Springer formerly rep
resentative In Congress, while Assistant
Attorney General Wills Van Devanter APP
peared for the government.
What was claimed to be the great made
quacy of the compensation which Congress
proposes to make tor the lands, by paying
the Indians $2,O0O,00O when the lands the
Indians say, are reasonably worth s. ,00O,-
600, was pointed out 1t was argued to the
Court of Appeals that the Indians cannot
be deprived of their lands without their
consent. which. they say, they have never
given; that no injury can result to any one
by granting preliminary Injunction in the
case, for the reason that If it should finally
be held that the lands may be opened to
settlement those VINO may take homesteads
or purchase town lots can then do so, and
procure unquestioned titles
Appeal Denied.
The Court Of Appeals, in a written opin-
ion handed down late this afternoon, de-
MED motion for special appeal in the
following language:
This application for the allowance of a
special appeal from the order of the court
below refusing to grant preliminary in
junction or restraining order, upon the al
legations Of the bill. has been very fully
argued by counsel for the respective par
ties. and we have duly considered the APP
plication.
'The conclusion to which we have arrived
from the argument is that the case is not
such as will justify the special appeal
prayed, but the case should be disposed Of
by a final decree from which an appeal
may be taken in regular course and from
the decree Of this court an appeal may be
taken to the Supreme Court of the United
States. The great object in obtaining
preliminary injunction is to prevent imme-
date action by the executive department,
but we suppose that such reasonable delay
may be obtained will enable the COM
plainants to avail themselves Of the right
of appeal from a final decree that may
be passed in the case"