The Washington times., 1902-08-06
Injunction and Account
ingAsked in Supreme
Court of District.
Mr.. HITCHCOCK DEFENDANT
Creeks, Cherokees, Chickasaws, and
Choctaws Claim Territory Has Been
Seized Without Legal Right-Ask Its
Surrender or an Equivalent.

Thlechumi Fixico, Cosarhxico Chez.
Ufoula Horjo. and James L. Gray. dele
gates of the Creek. Cherokee, Chickasaw.
and Choctaw Indian tribes, have insti-
tuted suit in the Supreme Court OF the
District of Columbia against the Sec
retary of the Interior. and the Com
missioner OF Indian Affairs. asking for
an injunction, accounting. etc. The bill
] is fled by Judge H. B. Moulton. solicitor
for the complainants, and is another
phase of the great Indian land claims.
The bill recites that in March. 1901.
Congress passed an act, commonly
known as an act to ratify and confirm
an agreement with these tribes of In
dians, by the terms and provisions OF
which certain allotments of LAND re-
lating TO the several tribes we're al
lotted, partitioned, and divided be-
eral tribes. The division. allotment,
and partition were to become effective
upon the approval of the act by Con-
gress by the council of the tribes. which
tribes are commonly denominated "the
Civilized. or Four Mother Tribes Of
Indians" and also upon the ratification
thereof by the President of the United
States, who should by his proclamation.
duly declare the same ratified and con-
frmed. Publication of the ratification
was to be made in at least two news
papers having a bona fide circulation
among the Indian tribes.
No Proclamation Issued.
1t is further alleged in the bill that
no such proclamation was ever issued
by the President of the United States in
connection witf the ratification OF the
act by Congress- and the national coun-
Gil of Indians, nor has any such publi-
cation ever been made in any news
paper having a bona fide circulation in
and among the Indian tribes. For this
reason it is declared all proceedings
are null and void, and ought in law to
be SO declared
The bill further recites that notwith-
standing the fact that the act and treaty
has never become a law yet, the d.
partment of the Interior has proceeded
as tlOugn III nau become ana was law,
and by virtue thereof has deprived the
OF great tracts of land and
property, to which the tribes are law
fully entitled, and OF the possession OF
which they have been illegally and i'm
deprived by the officers AMI
agents OF the United States.
Original Treaty Effective.
The bill further declares that the
failure of the act and treaty to become
a law leaves in full force and effect the
original treaty with the Indians, which
was entered into by the United States
on April 4, 1882, by the terms OF which
the tribes owned in fec all of the
lands originally belonging to them under
the terms of the treaty. west of the
River, a great portion of
which they have been deprived of, anc
they claim are being deprived of by the
officers and agents of the United States
The lands covered by this proceeding
are said to be of the value of several
millions OF dollars, and involve the title
20 many thousands of acres. The bill
asks that the act of March 1, 1901, be de-
;lared null and void. and that they be
TO ali of their property rights
:nder their original treaty with the
CONTINUED on Fifth Page)