The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-09-29
10 TRIES INJUNCTION.
Court Gives Decision in Favor Of
Government

Washington. Sept 2s.-Justice Ander-
son Of the supreme court OF the District
Of Columbia has rendered a decision III
favor Of the government IN the injune--
tfon proceedings brought by George Bull
iette and other Delaware Indians 10 pre-
vent the interior department and the
Dawes commission from allotting 157 eco
acres Of land in the Indian territory
which the Delawares claim they obtain
ed from the CherokeeS by treaty made
in 1851
The applicants originally brought a
suit against the Cherokee nation in the
court Of claims Il vas dismissed by
that court and an application for in
junction was then filed IN the supreme
court OF the District Of Columbia The
lands. II was alleged were. last January
wares by the Dawes commission pur-
suant TO an act approved July l. 1902 1t
was asked that the government officials
be restrained from entertaining OF con-
Sidering any contests based upon such
applications. and that a nnanda5 arv writ
OF Injunction command the defendants
to strike from the files of their Office all
applications which have been. or which
may be fled touching the segregated
lands. until the rights Of the Delaware
Indians in and to the lands and funds
Of the Cherokee nation under the agree
H1ent Of April s. 1857. have been finally
passed upon and determined by the su-
preme court Of the United States
Justice Anderson in his decision held
that the lands in question had not been
segregated he therefore refused 10
grant the injunction. United States Dis
trict Attorney Beach and Assistant Al
torney General Campbell appeared for
the government and ". s. Logan and
Nathaniel Wilson of Washington for the
Indians
Soon after the decision was rendered
Attorney Walter : Logan filed petit
ton in the court Of claims On behalf Of
the Delawares against the United
states asking that damages be awarded
II the sum Of one million dollars be
cause of the expenses to which the In
dams nave been subjected beca use Of
lands. In this petition they make some
sensational statements. one Of these
accusations is TO the effect that men,
bers Of the Dawes commission are in
terestSd in oil leases and companies
holding leases made upon their lands
BY CherOkees claiming title Men
tioning the members Of the commission
by name. the petition alleges that not
withstanding the lands have been prop
eriy segregated. the Dawes commits
sion disregarding their official duties
as agents Of the United States towards
your petitioners. have conspired and
confederated. and are conspiring and
cOnfederating together with the said
companies. 10 cheat and defraud your
petitioners so as TO gain possession Of
their lands for themselves. or for their
said companies. under pretense Of aliOI-
ling said lands. in their official capac-
ity as said Dawes commission. TO div
ers persons who are willing TO enter
into contracts Of lease and sale
with representatives. of said trust and
land companies. in which the members
of said Dawes commission are interest
Cd. and said Dawes commission and the
members thereof have thus wrongfully
allowed. and after the making Of said
segregation as herein before referred TO
continue to allow filings TO be made
upon parts Of the lands Of your petit
TONERS. - segregated as aforesaid. and
over which said commission has ceased
legally 10 have any further jurisdiction
or control. but as wrongfully assuming
the same and said commission and the
members thereof have thus wrOng1ully.
after said segregation was made. al
( lowed NOR than one hundred persons
not Delawafes. 10 make selections for
homes upon parts OF the Delaware
lands ~ SEGREGATED as aforesaid. and
have allowed such persons TO file apph-
cations for aliotments thereon. and have
sought. by recommendations contained
in their report of April 20 1903. 10 the
secretary Of the interior 10 cause steps
10 be taken to prevent the supreme
court of the United States from render
ing such Judgment II the cause now
pe1ding therein as would con5rm II
vol,r petitioners the title TO said 1880
acres 50 segregated as aforesaid
The secretary Of the interior Is
charged with unlawful acts to defrauo
the Indians such as that Of encourag-
ing white men who have married
souazFs TO make claims TO Delaware
lands