The Washington herald., 1907-11-07
SUEING FOR INDIANS
Case Involves Half Million
Acres Of Land.
ALSO DEMAND TRIBAL FUNDS
Brought in Lower Court
Questions Right OF Secretary Hitch
cock I'm Striking Some I,IOO Mem
hers of Choctayv and ChickaSayv
Tribes from the Rolls.

a suit involving title 10 about a half
million acres Of land and some hundreds
OF thousands Of dollars Of Indian tribal
funds was argued yesterday before the
Court Of Appeals of the District OF Co.
lumbia. The case is before the court on
suits for mandamus brought in the lower
court involving the legality Of the action
Of Secretary Hitchcock in striking some
1.I00 members Of the ChOctaw ard Chicka-
saw tribes in the Indian Territory from
the rolls directed by Congress 10 be
made by him, and similar action in refer
ence to several hundred members OF the
Creek and Cherokee tribes.
The cases were brought by John r.
GOldsby. a ChickaSaw Indian. and by
Ida and George Allison, members OF the
Cherokee tribe. Justice Wright. on peti-
tiOns filed by Happier & Merillat and
James X Jones. Of this city. directed that
wrIts Of mandamus should issue com
pelling the Secretary OF the Interior 70
restore the parties named 10 the rolls.
From that order the government ap-
pealed-
Argued for Government.
Assistant Attorney General Sanford
and Special Attorney William r. Harr. II
the Department OF Justice. argued the
case for the government. and Charles II.
Merillat. Of this city. for the claimants.
On behalf Of the government is was
contended the courts had no jurisdiction
in the matter; that Congress had con-
ferred on the Secretary Of the Interior
the power 10 make the rules. and that
this power was subject 10 review if any
injustice had been done. By Congress
alone. Il wsS further cOnteuded that the
action Of the Secretary in striking these
people from the rolls was correct. and
that. as a matter OF fact. they should not
have been enrolled by him in the hrSt in
stance. II was claimed that the action
OF the Dawes Commission in refusing 10
enroll under the act Of lS95. which first
vested the commission with authority 20
make the rolls was fnaL inasmuck as
no appeal had been taken 20 the Indian
Territory courts. In the case Of GOldsby.
il was claimed that. although the Dawes
Commission and the United States Dis
trict Court Tor the Indian Territory had
ordered his enrolment. that he had lost
al his rights by failure 10 appeal his
case 10 the Choctaw and Chickasaw citi-
zenShip court. created by Congress for
the purpose OF passing on certain ques-
tons rs 10 judgments rendered by the
United States District Court for the IN
dian Territory.
Argues for Indians.
Mr. Merillat, in behalf OF Goldsby and
the Allisons, argued that the Secretary
OF the Interior was without jurisdiction
or power 70 strike any names from the
rolls. once they had been placed by him
on the final approved rolls Of the re-
spective tribes, that the statute gave
him authority 10 enroll. and that as there
was no statute conferrins power 20 strike
from the rolls. that the original enroll
ment was IN the nature Of a judgment.
and not subject 10 be opened up by the
Secretary II he thought his original ac-
ton was wrong.
The cases, IL is said. eare being fol-
lowed with a great deal OF interest III
the Indian Territory, because, not only
Of the principles involved. but the amount
OF lands and tribal funds that VIII be
affected by a decision Of the controversy
In the absence Of Justice Robb from the
city on account Of his health. Justice
Barnard. OF the Supreme Court Of the
District OF Columbia. sat on the bench
with Chief Justice Shepard and Justice
NcComas.