The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-09-29
INDIANS HAVE
BEEN CHEATED
Counsel For 0eIaWares Makes a
Strong Statement.
HITCHCOCK DOES NOT ESCAPE
SECRETARY CHARGED WITH
. UNLAWFUL ACTS.

Washington Sept 2S.-Justice Anderson
of the supreme court of the District IT
Columbia rendered an opinion today i'm
the injunction proceedings Of the Della
ware Indians against, Secretary Hitch
cock and the Dawes Indian commission,
d1ssolVing the temporary injunction here
tOlOre granted. The case involved the
right Of the secretary to Dass 0n the f5L-
90 acres Of land in the Cherokee ntA Jon
segregated for the use of the Dciawarcs.
The Indians claimed that the secretary is
without authority TO approve or disap-
prove such action, pending the adjudica-
ton Of the same question by the court
OF claims. Soon after the case was filed
the court granted temporary INDUCTION,
but Judge Anderson today dissolved II.
Soon after the decision was rendered At
torney Walter s. Logan filed q petition
lu tne court Of claims on behalf of ;hc
Delawares against the United States ask
ing that damages be awarded in the sum
of SLO00,0OO because Of expenses to which
the Indians have been subjected because
of the necessity of defending title to their
lands IN this petition they make some
sensational statements one Of these ac-
cuSdtOnS IS 10 the erect that members
of the Dawes commission are interested
in oil leases and companies holding leases
made upon their lands by Cherokees
claiming title.
Mentioning the members of the com
mittee, the committee alleges that not
withstauding that the lands have been
properly segregated the Dawes commits
agents of the United States towards your
petitioners. have COnSD1red. COufederated
ana are cOnspiring and cOnfederatiug to-
gether with the said companies to cheat
and defraud your petitioners SO as 70
gain possession OF their lands for them
selves or for their said companies, under
pretense OF alhOtting said lands, in their
official capacity as said Dawes commits
sion. to divers persons who are willing to
enter into contracts Of lease and sale
with representatives of said trust and
land companies. in which the members
and said Dawes commission ana the
members thereof have thus WrOngfully
allowed. and after the making of said
segregation as hereinbefOre referred to,
continue to allow filings to be made upon
parts of the lands of your petitioners. so
said commission has ceased legally to
have any further jurisdiction or control,
Dut as Wrongfully assuming the same
ana said commission and the members
thereof have thus wrOngtully, after Said
segregation was made. allowed more than
100 persons, not Delawares. to make Sc
lectiOns for homes upon parts of the said
Delaware lands so segregated as afOre-
said, and have allowed such persons to
file applications for allOtments thereon.
and have sought. by recommendations
contained in their report of April 20
cause steps 20 be taken to prevent the
supreme court of the United States from
rendering such judgment i'm the cause
now pending therein as would confirm in
your petitioners the title TO said 1850
acres so segregated as aforesaid
The secretary of the interior is charged
with unlawful acts 70 defraud the In
dams. such as that of encouraging white
men who have married sQuaWs to make
claim to Delaware lands.