Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1903-10-01
INDIAN LAND SUIT.
Justice Anderson Dissolyes the In.
junction Against Hitchcock.
LAND SEGREGATED FOR DELAWARES.
4 Petition Filed for d ,oOO. 900 Damages
Against the United states-AccusatiOns
Made Against Dawes Commission
Charges Against Hitchcock.

Washington, Sept. 29.-Justice An
derson, Of the supreme court Of the
District of Columbia, rendered an opin-
ion yesterday in the injunction pro-
ceeding Of the Delaware Indians
against Secretary Hitchcock and the
Dawes Indian commission, dissolving
the temporary injunction heretofore
granted. The case involved the right
Of the secretary to pass on the $4,000
acres of land in the Cherokee nation
segregated for the use Of the Della
wares. The Indians claimed that the
secretary is without authority to ap-
prove or disapprove Of the segregation,
as 1t has been approved by the Indians
interested, and asked that he be en-
Joined 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 temporary injunction, but
Judge Anderson yesterday dissolved II.
Soon after the decision was rendered
Attorney Walter 8. Logan filed q petit
ton in the court of claims on behalf
of the Delawares against the United
States, asking that damages be
awarded In the sum Of $1,000.00O be-
cause Of the expenses to which-the In
dams have been subjected because Of
the necessity of defending title to their
lands. In this petition they make some
sensational statements. One Of these
accusations is to the effect that MEM
bers Of the Dawes commission are in
terested in oil leases and companies
holding leases made upon their lands
by Cherokees claiming title. Men
tioning the members Of the COM
mission by name the petition alleges
that notwithstanding the lands have
been properly segregated, the Dawes
commission, disregarding their cficial
duties as agents Of the United States
towards your petitioners, have con-
spired and confederated, and are con-
spring and confederating together
with the said companies. to cheat and
defraud your petitioners so as to gain
possession of their lands for them
selves, or for their said companies,
under pretense Of allotting said lands,
in their oficial capacity IS said Dawes
commission, 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 Of said Dawes commits
sion are interested, and said Dawes
commission and the members thereof
have thus wrongfully allowed, and,
after the making Of said segregation
A herein before referred to, continue
| to allow filings TO be made upon parta
Of the lands Of your petitioners, %
seRregated as Aforesaid, and over which
said commission has ceased legally TO
have any further jurisdiction or con
troll. but e vrongfully assuming ths
aame and said commission and thu
members thereof have thus Vrongfuliy
after said segregation was made Al
lowed more than 100 persons. not Del
nwnres. 70 make selections for homel
upon parts of the Eaid Delaware land'
80 SEGREGATED as Aforesaid and have
allowed such persons to hls Applica'
tons for allotmsnts thereon, and hAFe
uourht b. rooommsndations contained
An fhoir report Of April -. ioo3. 10 ths
eecrstnry Of the interior 70 Gauss stapi
10 bs taken TO prevent the supremi
eourt a the United States from rsnter-
ire rrch Indictment n the causa nov