The Birmingham age-herald., 1903-09-29
INDIAN INJUNCTION
 IS NOW DISSOLVED Justice Anderson Decides
 Against inc 0eIawareS CLAIM OF $1,OOO,OOO FILED Redskins Claimed That Secretary Hitchcock Wac Without Authority
 to Pass on Right of the DeIa-
 wares to Set Apart Land.
CLAIM OF $1,OOO,OOO FILED

Washington, September 2s.-Justice An derson of the Supreme court of the Dis trict of Columbia rendered an opinion to- day In the injunction proceedings of the Delaware Indians against Secretary Hitchcock and the Dawes Indian commits sion, dissolving the temporary injunction heretofore granted. The case involves the right of the secretary to pass on the 157OO0 acres of land in the Cherokee na- ton segregated for the use of the Dela- wares
 The Indians claimed that the secretary Is without authority to approve or disap- prove 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 Anderson today dissolved 1t.
 Soon after the decision was rendered Attorney W. s. Logan filed petition in the court of claims on behalf of the Del awares against the United States, asking that damages be awarded in the sum of S1, 900, 900 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 sensational statements. One of these accusations is to the effect 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 mission by name. the petition alleges that notwithstanding the lands have been pro- perly segregated, the Dawes commis sion disregarding their official duties as agents of the United States towards your petitioners, have conspired and conlea- erated. and are conspiring and confeler- ating 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 alloting said lands, m therr official capacity as said Dawes commis- sion, to divers persons who are willing to enter into contracts of lease and sale with representatives of said tr,lst and land companies, in which the mem bers of the Dawes commission are interested, and said Dawes commission and the members thereof has wrongfully allowed and after the making of said se- gregation, as hereinbefore referred to, continue to allow filings to be made upon parts of the lands of your petitioners. so segregated as aforesaid, and over which commission has ceased legally to have any further Jurisdiction or control, but as wrongfully assuming the same and said commission and the members there of have thus wrongfully, after said se- gregation was made, allowed more than two hundred persons not Delaware, to make selections for homes upon parts of the said Delaware lands so segregated as aforesaid, and have allowed such per- sons to file applications for allotments
 
 tions contained in their report of April 20, 1903, to the secretary of the interior, to 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 con- firm in your petitioners the title to said 157, 500 acres so aggregated as aforesaid"
 The secretary of the interior is charged with unlawful acts to defraud the In- dians, such as that of encouraging white men who have married squaws to make claims to Delaware lands.