The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1903-10-06
To Spring Coup on the
Department of the :
Interior.
OFFICIALS In A DILEMMA
Dawes Commission Notice
Shows Peculiar Conditions
Due to Legal Decisions.

When Judge Ryan, Acting secretary /
of the Interior said yesterday there
would be no immediate developments af-
fecting the trouble involving the Della !
ware Indians, the Dawes Commission
and the Department of the Interior, it
seems he meant there will he no devel-
opments so far as his department is
concerned. 1t can be authoritatively
stated. however, that the Delawares will
execute a bold stroke within the next
forty-eight hours.
The Interior Department has made its
position seem untenable that the In
dians have determined not to let the
matter rest until they obtain a guar
antee that their rights are to be re-
spected. Their representative in Wash
ington declined last evening to outline
the plans of the Delawares, but assured
The Times the controversy would be
settled before the end of the present
week.
Notice Posted on Door.
AS proof of the dilemma in which the
Interior Department has become en-
tangled, the Indians representative dis
played a copy of the notice posted on
the door of the Office of the Dawes Com
mission in Talequah, l. T., the day fol-
lowing Judge Anderson's decision deny
ing the Delaware's suit for injunction
The notice follows:
This office having official informa-
tion OF the refusal of the Supreme
Court of the District OF Columbia to
grant the injunction asked relatingft
the application for allotment by certain
Cherokee citizens OF land embraced in
the Delaware segregation. and the dis
charge of the temporary restraining or
der concerning the same, the following
order of the commission to the Five
Civilized Tribes is again put into opera
tion. viz:
That Cherokee citizens, not of Della
ware blood. occupying lands embraced
In the Delaware segregation shall be
permitted to make application for such
lands. and any claimant may institute
contest proceedings for the same"
Departments Quick Action.
This notice is verified by a telegram
received in Washington yesterday from
c. r. Breckenridge. commissioner in
charge of the Cherokee land Office. II
appears that the Interior Department
acting under the impression that the
ruling of Justice Anderson was COM
plete victory, lost no time in taking
advantage of it, and notified the Dawes
Commission to proceed with allotments
on even a larger scale than before
As soon as Justice Anderson's opinion
was received in printed form, and tn,
officers OF the Interior Department hat
an opportunity to examine it thoroughly
IL became apparent that the position o.
the department was most hazardous anC
its victory still open to question. Con.
sequently the order was issued forth
with. as exclusively announced in Tn,
Times Of October 4. that all allotmenti
and other operations OF the Dawes com
mission should be suspended until fur
ther orders.
DelawaTes on Top.
Justice Anderson's opinion was baseI
upon the AFFIDAVIT of the Secretary OF tn
Interior that he had approved no segre
CATION Of land in the Cherokee Nation
But the Secretary has approved allot
ments. which the court, in the sam
breath. holds must necessarily folloy
segregation. The Delawares are regard
ed as having the upper hand in eithe
case. because. II the Secretarys conten
tions are correct. the Dawes commits
sion has wrongfully expended $500. 900
and IL his contentious are not correct
the Injunction should have been granted