No. 101
Telegram
Muscogee, Ind. T., July 22, 1903.
Hon. Thos. Ryan,
Assistant Secretary of the Interior, Washington, D. C.
Replying to your telegram of 21st, at a meeting of the Commission held June 30, the following resolution was adopted:
“Whereas many citizens of the Cherokee Nation not of Delaware blood claim that there is included in the Delaware segregation lands not held by Delaware but held by Cherokees not of Delaware blood, and whereas it is necessary to secure and present all evidence of such facts, be it therefore
“Resolved, That Cherokee citizens not of Delaware blood occupying lands embraced in the Delaware segregation shall be permitted to make application for such lands, and any claimants may institute contest proceedings for the same, provided that all such applications and contest shall be held suspended pending the determination of the rights of claimants to such lands, as provided in the Cherokee agreement approved July 1, 1902.”
This resolution is being strictly complied with; claimants are allowed to make application, but no action has been or will be taken upon the same until after decision of the suit, object being to protect rights of the applicants under the stipulation filed in the suit.
Needles,
Commissioner in Charge
No. 102
Telegram
July 22, 1903.
Tams Bixby,
Chairman Dawes Commission, Muscogee, Ind. T.
Telegram of 22d at hand. Repeating instructions of yesterday, the Commission is further instructed to receive no applications for Cherokee allotments under the resolutions adopted by the Commission June 30.
THOS. RYAN, Acting Secretary
No. 103
Department of the Interior,
Washington, July 22, 1903.
The Commission to the Five Civilized Tribes,
Muscogee, Ind. T.
Gentlemen: The Department is in receipt of your telegram dated the 22d instant, stating:
“Telegram of Assistant Secretary Ryan, 21st, refers to restraining order against Secretary Hitchcock and Dawes Commission. The Commission has no notice or information whatever of this order, and would suggest that copy of same be furnished. Commission understand that under said order it should not even receive applications, and suspend action thereon until further direction.”
The restraining order referred to was issued by the supreme court of the District of Columbia in the case of George Bullette et al. v. The Secretary of the Interior and the Commission to the Five Civilized Tribes, and at the time the suit was begun the subpoena was served upon the Secretary and also upon Chairman Bixby, who was then present in the city, and it was believed that he was in possession of the copy of the subpoena, with the restraining order indorsed thereon, as well as a copy of the bill of complaint.
Herewith is enclosed a copy of the bill of complaint, which terminates with certain prayers for relief in the form of restraining orders that may be found on pages 17, 18, and 19 of said bill. The restraining order as indorsed on the subpoena is in the following words:
“The defendants are hereby restrained as prayed in the within mentioned bill, until further order, to be made, if at all, after a hearing, which is fixed for the 19th day of June. 1903, of which take notice.
By the court:
THOS. H. ANDERSON, Justice
Independently of any strict construction of the restraining order herein, the policy of the Department in such cases is always to suspend all action which will in any way affect the matters complained of, until such time as they may be passed upon by the court wherein the suit is instituted.
It was for this reason that the Department in the telegrams of yesterday and today instructed the Commission that it was not even to receive applications for Cherokee allotments pending this litigation.
Very respectfully,
THOS. RYAN, Acting Secretary
No. 104
Washington, D. C, August 4, 1903
The Secretary of the Interior,
Washington, D. C.
My Dear Sir: We have made numerous efforts to obtain a correct list of the lands within the Delaware segregation which have been filed upon by Cherokee Indians. It seems quite difficult for us to obtain any satisfactory information on this subject, and we therefore have to ask you to furnish us with such a list, either directly from your office or through the Commission to the Five Civilized Tribes. It seems quite impossible for us to keep an intelligent account of this matter without such a list.
I am in receipt of a communication this morning from the Dawes Commission, signed by Mr. Breckenridge, notifying me that on July Li one William Davis, of Fort Gibson, filed upon land heretofore selected by me, and within the Delaware segregation, and requiring me to appear and contest said application. In order to clear up any claim by this man Davis, I purchased this land some time ago, paying cash therefor, and the deed of relinquishment was duly recorded in the Cherokee land office, as provided in the Cherokee law. It would seem, therefore, that the Dawes Commission has not suspended its operations with reference to the segregated lands, but is continuing to receive applications and to notify Delaware to appear defend, all in direct violation of the restraining order, and as I was informed by you, through our attorney, Mr. George S. Chase, had been recently prohibited by the order of your Department.
Very respectfully,
RICHARD C. ADAMS
No. 105
Department of the Interior,
Washington, August 8, 1903
Mr. Richard C. Adams,
Bond Building, Washington, D. C.
Sir: The Department is in receipt of your letter of August 4, 1903, stating that you are in receipt of a communication from the Commission to the Five Civilized Tribes, notifying you that on July 15, 1903, William Davis filed upon land heretofore selected by you in the Cherokee Nation and within the “Delaware segregation,” and notifying you to appear and contest said application. You state that it appears, therefore, that the Commission has not suspended its operation with reference to the segregated lands, but is continuing to receive applications and notifying Delaware to appear and defend, “all in direct violation of the restraining order.”
You are advised that on July 21, 1902, the Department, by telegram, directed the Commission to “suspend all action on applications for Cherokee allotments received prior to the suit and must not receive or act upon latter application until so directed; ” that on July 22, 1903, it was advised by wire as follows:
“Repeating instructions of yesterday, the Commission is further instructed to receive no applications for Cherokee allotments under the resolution adopted by the Commission June 30.”
The Commission has informed the Department that it understands the instructions. It will, therefore, be governed thereby in the matter of the filing by William Davis.
Respectfully,
THOS. RYAN, Acting Secretary
No. 106
Washington, D. C, August 6, 1903.
The Secretary of the Interior,
Washington, D. C.
Dear Sir: I hand you herewith a map showing the lands selected and claimed by the Delaware Indians, which lands have been marked upon the official maps of the Dawes Commission as Delaware segregated lands.
1 desire to enter a protest in your office against the approval of any leases in the Cherokee Nation that will in any manner conflict with or infringe upon any of the lands colored red, shown upon the enclosed map, which are the lands known as Delaware segregated lands. I desire that this letter and the map remain on lile in your office, as I have this day sent similar letters and maps to the Commissioner of Indian Affairs and the United States Indian agent for the files of their respective offices, and I desire now to enter this protest on behalf of myself, as a Delaware Indian, and on the behalf of all the Delaware Indians, as their representative.
Yours, truly,
RICHARD C. ADAMS
No. 107
Department of the Interior,
Washington, August 13, 1903.
Mr. Richard C. Adams,
Bond Building, Washington, D. C.
Sir: The Department is in receipt of your letter of August 6, 1903, transmitting a map showing the lands selected and claimed by the Delaware Indians, and stating that you desire to enter your protest against the approval of any lease in the Cherokee Nation involving any of the land shown in red on said map.
Respectfully, M. W. MILLER, Assistant Secretary.
No. 108
Department of the Interior, Office of Indian Affairs,
Washington, August 15, 1903.
The Secretary of the Interior
Sir: I have the honor to submit herewith letter of Mary Narin, of Coodys Bluff, Ind. T., of the 8th instant, saying she desires to know why all of the registered Delaware lands were not segregated as required by the Cherokee agreement ratified August 6, 1902; that there are probably 50 Delaware whose lands are not segregated; that on the contrary half of the land segregated belongs to Cherokee, to the best of her knowledge or belief, or is only nominally held by Delaware, who have no equitable or legal interest in it; that these Delaware, whose lands have not been segregated are at a great disadvantage with other citizens, because they can not file on their land, and other Cherokee citizens are at liberty to file on lands held by these Delaware, and the only redress they have is a contest, which is very expensive, inconvenient, and beyond the means of some of them, but that this has been done in some instances. She also says that the Commission to the Five Civilized Tribes has been asked to right this wrong, but they have so far failed to give any relief.
In my judgment a report from the Commission on this matter is desirable, and I therefore recommend that the letter be submitted to the Commission for report.
Very respectfully,
W. A. Jones, Commissioner
No. 109
Coodys Bluff, Ind. T., August 8, 1903.
The Commissioner of Indian Affairs
Dear Sir: I write to know why all of the registered Delaware lands were not segregated, as required by the United States Cherokee agreement ratified August 6, 1902. There are probably 50 Delaware whose lands are not segregated. On the contrary, half the land that is segregated belongs to Cherokees, to the best of my knowledge and belief, or is nominally held by Delaware who have no equitable or legal interest in it.
Those Delaware whose lands have not been segregated are at a great disadvantage with other citizens. They can not file on their land and other citizens are at liberty to file on their lands, and the only redress we have is a contest which is very expensive, inconvenient, and beyond the means of some of us. This has been done in some instances. We have asked the Dawes Commission to right the wrong, but they have so far failed to give us any relief.
We would be pleased to have a reply to this letter.
Yours, very sincerely,
MARY NAIRN.
JULIA HALL
(Address Mary Nairn, Coodys Bluff, Ind. T.
No. 110
Department of the Interior,
Washington, August 24, 1903.
The Commission to the Five Civilized Tribes
Gentlemen: The Department is in receipt of a communication from the Commissioner of Indian Affairs, dated August 15, 190o, inclosing a letter from Mary Nairn, of Coodys Bluff, Ind. T., of the 8th instant, addressed to him, in which she states she desires to know why all of the registered Delaware lands were not segregated as required by the Cherokee agreement ratified August 6, 1902; that there are probably 50 Delaware whose lands are not segregated; that on the contrary half of the land segregated belongs to Cherokees, to the best of her knowledge or belief, or is only nominally held by Delaware, who have no equitable or legal interest in it; that these Delaware whose lands have not been segregated are at a great disadvantage with other citizens because they can not file on their land, and other Cherokee citizens are at liberty to file on lands held by these Delaware, and the only redress they have is a contest.
She also states that your Commission has been asked to right the wrong, but so far you have failed to give any relief.
Said letter of Mary Nairn is transmitted herewith, and, as recommended by the Commissioner, you are requested to make report to the Department concerning this matter. A copy of the Commissioner’s letter is also transmitted. Respectfully,
M. W. MILLER, Acting Secretary
