The Washington times., 1903-10-04
Segregation of Twelve Thou
sand Acres Admitted by the
Department to Have Been
Illegal.
Justice Anderson, of the
Supreme Court, Decides
That 100000 Has Been
Spent Wrongful1y.


Interior, late yesterday afternoon issued
telegraphic orders to the Dawes Indian
Commission to suspend the allotment OF
land and all other operations in the
Cherokee Nation until further orders.
which means until the Interior Depart
mept can extricate itself from the difi-
culties in which IL has become entangIed.
This action, furthermore, is in direct
conflict with an order issued by the de-
partment earlier in the week, throwing
the reservations OF the Delaware IN
dians open to allotment
Defeated by Indians
The dilemma in which the Secretary
of the Interior finds himself has been
brought about through certain admis-
sions and contentious made by him in
his answer to the injunction suit hled
by the Delaware Indians against the
Dawes Commission and the Secretary.
II the position of the Secretary Is well
taken. and Justice Anderson. of the Su-
preme Court of the District Of Colum-
bia. has so decided. 1900 aIlotments OF
land have been improvidentIy issued
and the 100000 expended by the Dawes
Commission during the past nine
months has been improperly and un-
lawfully expended, all OF II with the
knowledge and appreciation and concur
renee OF the Secretary and the Depart
ment OF the Interior.
Commissions Powers.
BY a clause in the Curtis act. passed
in 1898. and re-enacted in section 23 OF
the Cherokee allotment act. the Dawes
commission was directed to segregate
from the Cherokee domain the 157 zoe
acres purchased In 1857 by the Della
wares from the Cherokees, and II was
provided that the land should remain
go segregated until the final determina-
tion of the suit now pending in the SUI
preme Court OF the United States.
II seems that the Dawes commission,
having made this segregation under tho
terror and all parties having been in
formed Of 1t. for some reason began al
lotments 10 be filed by CherOkees upon
the segregated lands
Sensational Charges.
In the suit commenced by the Dela-
wares to enioin the commission from
permitting this. it was alleged that the
Delaware lands having been found to be
OF great and exceptional value. were de-
sired by the companies in which the
Dawes commission is interested, for
speculative purposes.
1t being provided in the acts OF Con-
gress referred to that the segregation
OF the Delaware lands should be made
before any lands should be allotted. IL
followed that no allctments could be
legally made until the segregation had
become fixed and final.
in order to defeat the injunction suit,
Secretary Hitchcock fled an answer and
an affidavit. In which be set up the claim
that the segregation was not nnal. and
could not be until approved by him; that
he had not approved the same. and that
hence there had been no segregation
The court accepted this answer and afi-
davit. and accordingly decided that no
segregation had yet been made.
Arotments Wrong.
It appears. however. that mere than
Il. eco allotments have been made in the
Cherokee Nation: that the Secretary has
from time TO time been informed OF the
making OF these allotments. and has sp-
proved the same; that certificates have
been issued upon these 12.0(0 allotments.
emitting the holder 10 the possession OF
the property. and 10 a patent. upon pre-
senting the certificate 70 the principal
chief of the tribe. and that many leases
have been made on the basis of these
certificates. one company alone claim
ing to have over 80 coo acres.
Therefore. il the position OF the Sec
retary is correct, and Judge Anderson
has so decided. these 1900 allotmerts
have been wrongfully issued and the
SSe0. .0CO vro2gfully expended.
The result IS that. by fling an answer
which, being taken as true. has de-
feated the injunction suit. the depart
ment has applied a remedy which is In
hnitely worse than the disease. In con-
sequence Of shss situation. the Secretary
has directed the Dawes commission 20
ell an hr CharotrN.ra