The Montgomery advertiser., 1903-09-29
CHARGES OF
 THE INDIANS Claim They Have Been
 RObt<4.
 -$- DELAWARy.s BRING SUIT
 e
$1,O00, sJ Asked From
 Unite States as Damages.
Alleged That the Dawes Commission Has Banded Together for the Purpose of Cheating the
 Red Men.

 of the Supreme Court of the District ef Columbia rendered an opinion today in the injunction proceedings of the Dela- ware Indians against Secretary Hitchcock and the Dawes Indian Commission, dis solving the temporary injunction hereto fore granted.
 The case involves the right of the Sec retary to pass on the 157, 900 acres of land in the Cherokee Nation segregated for the use of the Delawares. The Indians claimed that the Secretary is without authority to approve or disapprove of the segregation, as 1t had been approved by the Indians interested, and asked that he be enjoined against taking such action pending the adjudication of the same question by the Court of Claims. Soon after the case was filed the court granted a temporary injunction. but Judge Ander- son today dissolved 1t.
 Soon after the decision was rendered. Attorney W. S. Logan filed a petition in the Court of Claims on behalf of the Delawares against the United States, asking that damages be awarded in the sum of q. .000, GOO because of the expenses to which the Indians have been subjected because of the necessity of defending title to their lands.
 In this petition. they make some sensa- tional statements. One of these accusa-
 
 Dawes Commission are interested in oil leases and companies holdiRg leases made upon their lands by Cherk&ees claiming title. Mentioning the members of the Commission by name, the petition alleges that notwithstanding the lands have been properly segregated, the Dawes Com- mission. disregarding their official duties as agents of the United States towards your petitioners, have conspired and con- 4aAA AAA lwA, AA erating together, and together with the said companies. to cheat and defraud your petitioners, so as to gain possession of their lands for themselves or for their said companies, under pretense of allot- ing said lands, in their official capacity as said Dawes Commission to divers per- sons who are willing to enter into con- tracts Of lease and sale- with reprcsen- tatives of said trust and land companies, in which the members of the Dawes Commission are interested
 'The said Dawes Commission and the members thereof have thus wrongfully allowed and after the making of said se- gregation as herein before referred to. continue to allow filings to be made upon parts of the lands of your petitioners, so segregated as aforesaid, and over which said commission has ceased legally to have any further Jurisdiction or control, pul dS "IOH6Luly dSpuElluS thc Sduic said Commission and the members there- of have thus wrongfully, after said se- gregation was made, allowed more than 200 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. k4 kh. AF khn T,atn nrtA Aa cause steps to be taken to prevent the Supreme Court of the United States from rendering such judgment in the cause now pending therein as would confirm in your petitioners the title to said 157 600 acres so segregated as aforesaid
 The Secretary of the Interior is charg- ed with unlawful acts to defraud the h. dians, such as that of encouraging white men who have married squaws to make claims t0 Delaware lands