Letters, Telegrams, Petitions 151-160

No. 151

Department op the Interior,
Washington, October 13, 1903.

The Commissioner of Indian Affairs.

Sir: The Department is in receipt of your report dated October 8, 1903, transmitting a petition of Isaac Secondine and others, relative to the segregation of Delaware lands in the Cherokee Nation. You state that your office is not advised “of what action the Department proposes to now take” in reference to the segregation of said lands.

Your attention is invited to departmental letter of October 7, 1903, inclosing for your information copy of departmental letter of October 6, 1903, sent to the Commission to the Five Civilized Tribes, furnishing your office information relative to the proposed action of the Department.

Respectfully,
THOS. RYAN, Acting Secretary

No. 152

Department of the Interior, Commission to the Five Civilized Tribes,
Muscogee, Ind. T., September 17, 1903.

The Secretary of the Interior

Sir: There is herewith enclosed for the information of the Department a petition of Isaac Secondine et al. relative to the condition of certain lands held by Delaware Indians in the Cherokee Nation.

In this connection the attention of the Department is invited to the report of the Commission of September 5, 1903, wherein the matters complained of in this petition are fully set forth.

Respectfully,
TAMS BIXBY, Chairman.
(Through the Commissioner of Indian Affairs.)

No. 153

Department of the Interior, Commission to the Five Civilized Tribes,
Muscogee, Ltd. T., September 26, 1903.

The Secretary of the Interior

Sir: I have the honor to acknowledge receipt of departmental letter of September 22, in which is returned letter of Hon. Green McCurtain, which was enclosed by mistake in the Commission’s letter of the 17th instant.

Enclosed herewith find the petition of Isaac Secondine et al., relative to the condition of certain lands held by Delaware in the Cherokee Nation, which should have been transmitted with the Commission’s letter of the 17th instant.

Respectfully,
TAMS BIXBY, Chairman
(Through the Commissioner of Indian Affairs.)

Nowata, Ind. T., August 3, 1903.

The Dawes Commission.

Gentlemen: We, the undersigned registered Delaware, respectfully request that you segregate our lands as required by the treaty between the United States and the Cherokees, adopted on or about the 6th day of August, 1902.

Our reasons for the request are as follows: First. The law requires it. Second. It is necessary for our protection.

It is necessary for our protection, because the Delaware are not allowed to file on their land till a suit now pending in the Supreme Court is decided, while others are at liberty to file on our land, which has already been done in several instances, and the only redress we have is to begin a contest which is expensive, and which some of us are not able to do.

It is further necessary for our protection because it is asserted, we believe with truth, that an attempt will be made to compel us to take lands from among lands already segregated, far from our homes, and which would be a great injustice to us.

It is also necessary because much land has been segregated, and thus withheld from allotment, that never belonged to the Delaware, and was segregated for speculative purposes, thereby keeping many of the Delaware, who have an insufficient amount of land, from getting their private share.

Respectfully submitted.
ISAAC SECONDINE
JAS. RANDALL
L. T. ESTES
C. E. BRATCHEK
LUELLA C. ROBERTS
BEN CONNOR
LEANDER HICKS
FRANK RANDALL
MARY WEAVER
JULIA HALL
MARY NARIN

Telegram

Muskogee, Ind. T., October 9, 1903.

To Secretary of Interior, Washington, D. C.

Departmental instructions concerning Delaware segregation and Cherokee allotments cause much embarrassment and will occasion long delay, large increase of expense, and great hardship upon the Cherokee people and Delaware. It is thought that the Department is not fully informed as to many important features. We believe a simple and practical solution can be arrived at after full personal discussion, and we urgently request that Chairman Bixby and W. T. Hutchings, attorney for the Cherokee Nation, be immediately called to Washington for conference.

BIXBY, Chairman,
NEEDLES,
BRECKENRIDGE,
Commissioners.

W. T. HUTCHINGS,
Attorney for Cherokee Nation

No. 154

Department of the Interior, Office ok Indian Affairs,
Washington, October 8, 1903

The Secretary of the Interior

Sir: September 17, 1903, the Commission to the Five Civilized Tribes made a report, in which it was stated that there was enclosed therewith the petition of Isaac Secondine et al., relative to the condition of certain lands held by Delaware Indians in the Cherokee Nation. The petition was not received with the Commission’s report, and on September 22 it was requested to forward the same. The office is now in receipt of the Commission’s report of September 26, 1903, transmitting the petition mentioned. The report and petition are enclosed herewith.

The petition is signed by Isaac Secondine and ten other persons. It is as follows:

We, the undersigned registered Delaware, respectfully request that you segregate our lands as required by the treaty between the United States and the Cherokee, adopted on or about the 6th day of August, 1902.

“Our reasons for the request are as follows: (1) The law requires it; (2) it is necessary for our protection.

“It is necessary for our protection, because the Delaware are not allowed to file on their land till a suit now pending in the Supreme Court is decided, while others are at liberty to file on our land, which has already been done in several instances, and the only redress we have is to begin a contest, which is expensive and which some of us are not able to do.

“It is further necessary for our protection because it is asserted, we believe with truth, that an attempt will be made to compel us to take lands from among lands already segregated far from our homes, and which would be a great injustice to us.

“It is also necessary because much land has been segregated, and thus withheld from allotment, that never belonged to the Delaware, and was segregated for speculative purposes, thereby keeping many of the Delaware, who have an insufficient amount of land, from getting their pro rata share. ”

The office has informal information that the injunction proceedings brought by George Bullette and others, in the supreme court of the District of Columbia, was decided adverse to the contention of the petitioners. It is not advised whether the petitioners are going to take an appeal from this decision, or of what action the Department proposes to take, and the Commission’s two reports and the petition are respectfully submitted.

Very respectfully,
W. A. Jones, Commissioner

No. 155
Telegram

Muscogee, Ind. T., October 9, 1903.

To Secretary of Interior,
Washington, D. C:

Departmental instructions concerning Delaware segregation and Cherokee allotments cause much embarrassment and will occasion long delay, large increase of expense, and great hardship upon the Cherokee people and Delaware. It is thought that the Department is not fully informed as to many important features. We believe a simple and practical solution can be arrived at after full personal discussion and we urgently request that Chairman Bixby and W. T. Hutchings, attorney for the Cherokee Nation, be immediately called to Washington for conference.

BIXBY, Chairman
NEEDLES
BRECKINRIDGE
Commissioners.
W. T. HUTCHINGS, Attorney for Cherokee Nation

No. 156
Telegram

Washington, October 10, 1903.

Bixby, Chairman,
Muscogee, Ind. T.:

Answering telegram 9th instant, you are directed to report to this city for conference. Department does not feel warranted in directing Hutchings to come, but has no objection to his coming if he desires.

THOS. RYAN, Acting Secretary

No. 157

Department of the Interior,
Office of Indian Affairs, Washington, November 2, 1903.

The Secretary of the Interior

Sir: Referring to regulations of May 4, 1903, governing the leasing of lands in the Cherokee Nation for mineral and other purposes, and to the Delaware controversy, I have the honor to advise you that there are now pending before this office about 24 leases covering lands in the Cherokee Nation. Unless otherwise directed, none of these leases will be forward until the Delaware lands have been segregated, except three in favor of the Cudahy Oil Company, which will be transmitted for the purpose of laying before the Department all of the leases transmitted by the inspector with his report of August 29, which was forwarded to the Department October 12.

As the supreme court of the District of Columbia has held that Delaware lands have not been segregated, it is believed that Agent Shonfelt should be instructed not to forward any more Cherokee leases until the land shall have been segregated as required by law, as he and the inspector, as a general rule, forward such leases with recommendation that they be approved.

If the Department concurs in this suggestion, it is recommended that the office be authorized to instruct the agent by wire in accordance therewith.

Very respectfully,
W. A. JONES, Commissioner

No. 158
Telegram

Washington, November 2, 1903.
United Status Indian Inspector for Indian Territory,
Muscogee, Ind. T.:

You will direct the United States Indian agent not to receive or transmit any more leases in the Cherokee Nation until the Delaware lands are segregated by the Dawes Commission, under section 23, act of July 1, 1902.

E. A. Hitchcock, Secretary

No. 159

Department of the Interior,
Washington, November 2, 1903.

The Commissioner of Indian Affairs.

Sir: The Department is in receipt of your communication dated November 2,1903, recommending that the United States Indian agent for Union Agency be instructed not to forward any more Cherokee leases until the lands shall have been segregated.

You are advised that the Department has, prior to the writing hereof, wired the United States Indian inspector for Indian Territory as follows:

“You will direct the United States Indian agent not to receive or transmit any more leases in the Cherokee Nation until the Delaware lands are segregated by the Dawes Commission under section 23, act of July 1, 1902.”

The Department concurs in your suggestion to retain in your office leases covering lands in the Cherokee Nation until the segregation of the Delaware lands, except the three in favor of the Cudahy Oil Company.

Respectfully, E. A. Hitchcock, Secretary

No. 160

Department of the Interior, Office of Indian Affairs,
Washington, November 12. 1903.

The Secretary of the Interior.

Sir: There is enclosed herewith a report, dated October 20. 1903, from the Commission to the Five Civilized Tribes, concerning the work performed by the Commission during the month of September.

It is shown that in the Choctaw Nation 1,366 allotments, aggregating 280,339 acres, have been made, and in the Chickasaw Nation 1,325 allotments have been made, aggregating 190,811 acres. In the Cherokee Nation 1,473 applications for allotments were received, 1,277 of this number being made by persons who had not previously appeared at the land office. There were 1,013 allotments approved, and the approval of 460 were withheld for reasons as follows: Two hundred and seventy-two because the enrollment of the applicants was not finally approved by the Department; 51 because the land applied for had already been allotted: and 137 for miscellaneous causes. The Commission says that the total area allotted in the Cherokee Nation during the month of September was 97,265.94 acres, valued at $313,064.27. October 7, 1903, the Department instructed the Commission to suspend all allotment work in the Cherokee Nation until further directed, and also gave the Commission certain instructions concerning the segregation of the Delaware lands.

There are pending in this Office citizenship cases, as follows:

There are no land contests pending before this Office. Very respectfully,

W. A. JONES, Commissioner