• 58th Congress, ) SENATE. j Document M Session. > ) No. 104. ALLOTMENT OF LANDS TO DELAWARE INDIANS. LETTER FROM THE SECRETARY OF THE INTERIOR, IN RESPONSE TO THE SENATE RESOLUTION OF JANUARY 11, 1904, TRANS- MITTING PAPERS AND COPIES OF REPORTS OF THE COMMIS- SION TO THE FIVE CIVILIZED TRIBES RELATIVE TO THE ALLOTMENT OF LANDS IN THE CHEROKEE NATION TO THE DELAWARE INDIANS. January 19, 1904. — Referred to the Select Committee on the Five Civilized Tribes of Indians and ordered to be printed with illustration. Department of the Interior. Washington, January 16', 1904. Sir: In compliance with resolution of the Senate of January 11, 1904 (Resolution No. 77. 58th Cong., 2d sess., copy inclosed), direct- ing- me to transmit to it copies of reports of the Commission to the Five Civilized Tribes of November 11, 1903, and ''January — , 1904," relative to allotments of lands and the segregation of lands in the Cher- okee Nation to the Delaware Indians, and all other papers relating to such allotments and segregation, I have the honor to transmit here- with copy of said report of November 11, 1903, and a copy of a report of the Commission to the Five Civilized Tribes of December 31,1903, which is doubtless the one referred to in the resolution as of "Jan- uary — , 1904;" also copies of letters received by the Department or written by it, and copies of papers in the files of the Department which appear to fall within the scope of said resolution. A schedule of the papers is attached thereto. The report of the Commission of December 31, 1903, and the report )f the Commissioner of Indian Affairs thereon, are under considera- tion b} 7- the Department, and when a decision is reached a supple- mental report thereof will be made to the Senate. Very respectfully, E. A. Hitchcock, Secretary. The President pro tempore United State Senate., 2 ALLOTMENT OF LANDS TO DELAWARE INDIANS. List of papers. 1. Copy m!' Senate Resolution No. 77, Fifty-eighth Congress, second session. 2. Letter from Logan, Demond & Harby to Secretary of the Interim-, August 23, L898. :!. Letter from Acting Secretary of the Interim- to acting chairman of the Commis- sion tn the Five Civilized Tribes, November 4, L899. 4. Letter from Commissioner of Indian Affairs to Secretary of the Interior, Novem- ber 20, L899. 5. Letter from the acting chairman of Dawes Commission to the Secretary of the Interior, November L3, 1899. (>. Letter from Acting Secretary of the Interior to acting chairman of Commission to the Five Civilized Tribes, November 22, L899. 7. Letter from acting secretary to Dawes Commission, Augusl 29, L900. 8. Letter from Richard ('. Adams to Secretary of the Interior, February 27, 1901. (Copy of the above letter, with inclosures, sent to Dawes Commission, by indorsement thereon, requesting report. ) V). Letter from Acting Secretary of the Interior to R. C. Adams, March 2, 1901. 10. Letter from the Commissioner of Indian Affairs to Secretary of the Interior, April 3, 1901. 11. Letter from the acting chairman of Commission to the Five Civilized Tribes to Secretary of the Interior, March 23, 1901. 12. Letter from Acting Secretary of the Interior to Commission to the Five Civi- lized Tribes, April 8, 1901. 13. Letter from Acting Secretary of the Interior to Commissioner of Indian Affairs, April 8, 1901. 14. Letter from Acting Secretary of the Interior to R. C. Adams, April 8, 1901. 15. Letter from R. C. Adams to Secretary of the Interior, May 7, 1901. 16. Letter from Acting Secretary of the Interior to R. C. Adams, May 10, 1901. 17. Letter from Walter S. Logan to Secretary of the Interior, October 2, 1902. 18. Letter from the chief clerk Department of the Interior to Walter S. Logan, October 6, 1902. 19. Letter from Commissioner of Indian Affairs to Secretary of the Interior, Novem- ber 22, 1902. 20. Letter from Commission to the Five Civilized Tribes to Secretary of the Interior, October 20, 1902. 21. Letter from Acting Secretary of the Interior to Walter S. Logan, November 29, 1902. 22. Letter from Acting Secretary of the Interior to Commission to the Five Civilized Tribes. November 29, 1902. 23. Letter from Acting Secretary of the Interior to Commissioner of Indian Affairs, November 29, 1902. 24. Letter from Commissioner of Indian Affairs to Secretary of the Interior, October 17, 1902. 25. Portion of report of Commission to the Five Civilized Tribes to the Secretary of the Interior, October 9, 1902. 26. Letter from Secretary of the Interior to Commission to the Five Civilized Tribes, October 20, 1902. 27. Letter from Acting Commissioner of Indian Affairs to Secretary of the Interior, February 25, 1903. 28. Portion of report from Commission to the Five Civilized Tribes to Secretary of the Interior, February 13, 1903. 29. Letter from Acting Secretary of the Interior to Commission to the Five Civil- ized Tribes, March 2, 1903. 30. Letter from Acting Commissioner of Indian Affairs to Secretary of the Interior, March 27, 1903. 31. Portion of report from Commission to the Five Civilized Tribes to Secretary of the Interior, March 17, 1903. 32. Letter from Acting Secretary of the Interior to Commission to the Five Civil- ized Tribes, March 30, 1903. 33. Letter from principal chief Cherokee Nation to Secretary, April 18, 1903. 34. Telegram from principal chief Cherokee Nation to Secretary of the Interior, April 20, 1903. 35. Letter from Acting Secretary to chief Cherokee Nation, April 25, 1903. 36. Letter from W. W. Hastings, attorney for Cherokee Nation, to Secretary of the Interior, April 23, L903. 37. Letter from chairman of Commission to the Five Civilized Tribes to Secretary of the Interim-. Mnv 1, HHKS. ALLOTMENT OF LANDS TO DELAWARE INDIANS. 3 38. Letter from Acting Secretary of the Interior to attorney f< >r the Cherokee Nati< »n, May 6, 1903. 39. Letter from R. C. Adams to the Secretary of the Interior, April 18, 1903. 40. Letter from Acting Commissioner of Indian Affairs to Secretary of the Interior April 28, 1903. 41. Letter from Commissioner of Indian Affairs to Secretary of the Interior, April 30, 1903. 42. Letter from Commission to the Five Civilized Tribes ti > Secretary of the Interior, April 20, 1903, with exhibits as follows: A. Letter from acting chairman of Commission to the Five Civilized Tribes to Walter S. Logan and William T. Hutchings, January •">, L903. B. Letter from R. C. Adams to acting chairman of the Commission to the Five Civilized Tribes, January 15, 1903. C. Letter from R. C. Adams to acting chairman of the Commission to the Five Civilized Tribes, April 7, 1903. H. Letter from R. C. Adams to Hon. M. S. Quay, April 10, 1903, and referred to the Commission to the Five Civilized Tribes by Hon. M. S. Quay, April 14, 1903. D. Letter from R. C. Adams to Commission to the Five Civilized Tribes, April 10, 1903. E. Letter from William Nairn to Commission to the Five Civilized Tribes, January 31, 1903. Letter from Commissioner C. R. Breckinridge to William Nairn, Feb- ruary 0, 1903. Letter from William Nairn to Commission to the Five Civilized Tribes, February 15, 1903. F and Of. Two letters from T. G. Renter to Commission to the Five Civi- lized Tribes, February 12, 1903. 43. Letter from Acting Secretary of the Interior to Assistant Attorney-General for the Department of the Interior, May 4, 1903. 44. Letter from Acting Secretary of the Interior to Assistant Attorney-General for the Interior Department. June 1, 1903. 45. Letter from R. C. Adams to Secretary of the Interior, May 27, 1903. 4(». Telegram from W. W. Hastings to T. M. Burlington, January 2, 1903. 47. Telegram from Acting Secretary of the Interior to Commission to the Five Civilized Tribes, January 3, 1903. 48. Telegram from aetimr chairman of Commission to the Five Civilized Tribes to Secretary of the Interior, January 3, 1903. 49. Telegram from Acting Secretary of the Interior to acting chairman of Commis- sion to the Five Civilized Tribes, January 5, 1903. 50. Letter from Commissioner or Indian Affairs to Secretary of the Interior, Novem- ber 18, 1903. 51. Letter from Commission to the Five Civilized Tribes to the Secretary of the Interior, November 11, 1903. 52. Letter from Commissioner of Indian Affairs to Secretary of the Interior, Novem- ber 18, 1903. 53. Letter from chairman of the Commission to the Five Civilized Tribes to Secre- tary of the Interior, November 14, 1903. 54. Letter from Acting Secretary of the Interior to Assistant Attorney-General for the Interior Department, November 19, 190.'!. 55. Letter from Assistant Attorney-General for the Department of the Interior to the Secretary of the Interior, November 25, 1903. 56. Telegram from Secretary of the Interior to Commission to the Five Civilized Tribes, November 25, 1903. 57. Letter from Secretary of the Interior to Commission to the Five Civilized Tribes, November 28, 1903. 58. Letter from Acting Secretary of the Interior to Commissioner of Indian Affairs, November 28, L903. 59. Letter from Acting Secretary of the Interior to Commissioner of Indian Affairs, December 10, 1903. 60. Letter from Acting Commissioner of Indian Affairs to Secretary of the Interior, April 30, 1903. 61. Portion of report of Commission to the Five Civilized Tribes to Secretary of the Interior, April 16, 1903. 62. Letter from Acting Secretary of the Interior to Commission to the Five Civilized Tribes, May 5, 1903. 63. Telegram from R. C. Adams to the First Assistant Secretary of the Department of the Interior, May 11, 1903. 4 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 64. Telegram Erom Acting Secretary of the Interior to R. C. Adams, May 11, L903 65. Telegram from George L. Chase to the First Assistant Secretary for the Depart- ment of the Interior, May II, 1903. 66. Telegram from Acting Secretary of the Department of the Interior to George L. Chase, May 14, 1903. 67. Telegram from \l. C. Adams to Acting Secretary Department of the Interior, May 15, 1903. 68. Telegram from Acting Secretary Department of the Interior to R. C.Adams, May 15, 1903. 69. Telegram from R. C. Adams to Acting Secretary of the Interior, May 18, 1903. 70. Telegram from Acting Secretary of the Interior to R. C. Adams, May 18, L903. 71. Telegram from R. C. Adams to the Acting Secretary of the Interior, May 19, 1903. 72. Telegram from Acting Secretary of the Interior to R. C. Adams, May 20, 1903. 73. Letter from Acting Commissioner of Indian Affairs to Secretary of the Interior, June 4, 1903. 74. Portion of report of Commission to the Fiye Civilized Tribes to the Secretary of the Interior, May 16, 1903. 75. Letter from Acting Secretary of the Interior to Commissioner of Indian Affairs, June 6, 1903. 76. Letter from Acting Secretary of the Interior to Commission to the Five Civilized Tribes, June 6, 1903. 77. Letter from Secretary of the Interior to the Attorney-General, June 5, 1903. 78. Letter from the Attorney-General to Secretary of the Interior, June 8, 1903. 79. Answer of the Secretary of the Interior to the bill of complaint in the suit of George Bullette et al. r. The Secretary of the Interior et al., June 19, 1903. 80. Amendment to the bill of complaint by the plaintiffs in the above suit, June 23, 1903. 81. Answer of the Secretary of the Interior to the amendment to the bill of com- plaint in the above suit, June 30, 1903. 82. Affidavit of the Secretary of the Interior in support of motion to dissolve the temporary restraining order in the above-named suit, June 19, 1903. 83. Affidavit of Tams Bixby in support of motion to dissolve temporary restraining order in the above-named suit, June 13, 1903. 84. Opinion of Mr. Justice Anderson of the supreme court of the District of Colum- bia, on the motion for temporary injunction in the above-named suit. 85. Decision of Judge Anderson in the above-named suit, October 6, 1903. 86. Telegram from Acting Secretary of the Interior to chairman of the Commission to the Five Civilized Tribes, September 28, 1903. 87. Letter from Acting Secretary of the Interior to the Commission to the Five Civ- ilized Tribes, October 9, 1903. 88. Letter from R, C. Adams to the President, June 6, 1903. 89. Letter from the chairman of the Commission to the Five Civilized Tribes to Sec- retary of the Interior, June 8, 1903. 90. Letter from the Commissioner of Indian Affairs to Secretarv of the Interior, June 18, 1903. 91. Letter from Commissioner C. R. Breckinridge to Secretary of the Interior, June 9, 1903. 92. Portion of a report of Commission to Five Civilized Tribes to Secretary of the Interior, June 9, 1903. 93. Letter from Secretary of the Interior to Commission to the Five Civilized Tribes. June 22, 1903. 94. Letter from Commissioner of Indian Affairs to Secretary of the Interior, July 20, 1903. 95. - Letter from United States Indian Inspector for the Indian Territory to the Sec- retary of the Interior, July 9, 1903. 96. Letter from United States Indian agent, Union Agency, to acting United States Indian inspector, May 25, 1903. 97. Letter from R. C. Adams to United States Indian agent, Union Agency, May 14, 1903, with a copy of Delaware resolution of May 12, 190.'!. 98. Letter from George S. Chase to the First Assistant Secretary of the Interior, July 18, 1903. 99. Telegram from Acting Secretary of the Interior to chairman of the Commission to the Five Civilized Tribes, July 21, 1903. 100. Telegram from Commissioner Needles to Secretary of the Interior, July 22, 1903. 101. Telegram from Commissioner Needles to the First Assistant Secretarv of the Interior, July 22, 1903. 102. Telegram from Acting Secretarv of the Interior to chairman of Commission to the Five Civilized Tribes, July 22, 1903. ALLOTMENT OF LANDS TO DELAWARE INDIANS. 5 103. Letter from Acting Secretary of the Interior to Commission to the Five Civilized Tribes, July 22, 1902. 104. Letter from R. C. Adams to the Secretary of the Interior, August 4, 1903. 105. Letter from Acting Secretary of the Interior to R. C. Adams, August 8, 1903. 106. Letter from R. C. Adams to Secretary of the Interior, August 6, 1903, with map. 107. Letter from Assistant Secretary of the Interior to R. C. Adams, August 13, 1903. 108. Letter from Commissioner of Indian Affairs to Secretary of the Interior, August 15, 1903. 109. Letter from Mary Nairn to the honorable Commissioner of Indian Affairs, August 8, Ltd::. 110. Letter from Acting Secretary of the Interior to Commission to the Five Civilized Tribes, August 24, 1903. 111. Letter from Commissioner of Indian Affairs to Secretary of the Interior, October 1, 1903. 112. Letter from chairman of the Commission to the Five Civilized Tribes to the Secretary of the Interior, September 5, L903. 113. Letter from Acting Secretary of the Interior to Mary Nairn, October 7, 1903. 114. Letter from Acting Commissioner of Indian Affairs to the Secretary of the Inte- rior, August 31, 1903. 115. Portion of report of the Commission to the Five Civilized Tribes to Secretary of the Interior, August 11, 1903. 116. Letter from Acting Secretary of the Interior to Commission to the Five Civilized Tribes, September 4, L903. 117. Letter from Commissioner of Indian Affairs to Secretary of the Interior, Sep- tember 17. 1903. 118. Letter from R. C. Adams to ( lommissioner of Indian Affairs, September 14, 1903. 119. Letter from Acting Secretary of the Interior to Commission to the Five Civilized Tribes, September 28, 1903. 120. Letter from the Commissioner of Indian Affairs to Secretary of the Interior, October 16, 1903. 121. Letter from Commission to the Five Civilized Tribes to the Secretary of the Interior, October 7, L903, with the following exhibits: Copy of an instrument of writing executed on the 28th day of August, 1901, by and between George Smith, of the Cherokee Nation, and R. C. Adams and John Bullette. A copy of a list of persons who have executed, to the said Adams and Bul- lettte, instruments in writing similar to the above mentioned. A copy of a form of notice from the Commission to the Five Civilized Tribes. 122. Letter from Acting Secretary of the Interior to the Commission to the Five Civil- ized Tribes. October 21, 1903. 123. Letter from Acting Secretary of the Interior to R. C. Adams, October 21, 1903. 124. Telegram from Acting Secretary of the Interior to Commission to the Five Civil- ized Tribes, October 2, 1903. 125. Letter from Acting Secretary of the Interior to the Commissioner of Indian Affairs, October 3, L903. 126. Telegram from chairman of the Commission to the Five Civilized Tribes to Secretary of the Interior, October 5, 1903. 127. Telegram from Acting Secretary of the Interior to chairman of Commission to the Five Civilized Tribes, October 6, 1903. 128. Letter from Acting Secretary of the Interior to Commissioner of Indian Affairs, October 7, 1903. 129. Letter from Acting Secretary of the Interior to Commissioner of Indian Affairs, October 7, 1903. 130. Letter from Acting Secretary of the Interior to the Commission to the Five Civ- ilized Tribes, October li, L903. 131. Letter from Acting Secretary of the Interior to R, C. Adams, October 7, 1903. 132. Letter from Secretary of the' Interior to Commission to the Five Civilized Tribes, October 29, 1903. ' 1 :'.:;. Letter from Acting Secretary of the Interior to R. C. Adams, < >ctober 30, 1903. 134. Letter from R. 0. Adams to the Secretary of the Interior, September 9, 1903, with the following exhibit: Letter from Commissioner Bixby to R. C. Adams, August 31, 1903. 135. Letter from Acting Secretary of the Interior to R. C. Adams, September 19, 1903. 136. Letter from Acting Secretary of the Interior to Commission to the Five Civilized Tribes, September 19, 1903. 137. Letter from Commissioner of Indian Affairs to Secretary of the Interior, Octo- ber 10, 1903. 6 ALLOTMENT OF LANDS TO DELAWARE INDIANS. L38. Letter from chairman of the Commission to the Five Civilized Tribes to Secre- tary of the [nterior, < October 2, L903. 139. Letter from Acting Secretary of the Interior to R. C. Adams, October 17, 15)03. 140. Letter from R. C. Adams to Secretary of the Interim-, October 6, 1903, with the following exhibit: Letter from R. ( '. Adams to Commission to the Five Civilized Tribes, Octo- ber (i, L903. 141. Letter from Acting Secretary of the Interior to R. C. Adams, October 5), 1903. 142. Letter from Acting Secretary of the interior to Commission to the Five Civilized Tribes, October 13, 1903. 143. Telegram from Carrie to R. C. Adams, October 1, 1903. (The above telegram riled with the Department by R. C. Adams.) 144. Letter from R. C. Adams to Secretary of the Interior, October 9, 1903. 145. Letter from Acting Secretary of the interior to R. C. Adams, October 15, 1903. 146. Letter from R. C. Adams to Secretary of the Interior, October 26, 1903. 147. Letter from Acting Secretary of the Interior to R. C. Adams, October 27, 1903. 148. Letter from Charles J. Bonaparte to Acting Secretary Department of the Inte- rior, October 6, 1903. 149. Letter from Acting Secretary of the Interior to Charles J. Bonaparte, October 7, 1903. 150. Letter from Acting Secretary of the Interior to Charles J. Bonaparte, October 10, 1903, with the following exhibit : Memorandum of action of the Commission to the Five Civilized Tribes and the Department in the matter of the segregation of lands claimed by the Delaware Indians, etc., October 10, 1903. 151. Letter from Acting Secretary of the Interior to Commissioner of Indian Affairs, October 13, 1903. 152. Letter from chairman of the Commission to the Five Civilized Tribes to Sec- retary of the Interior, September 17, 1903. 153. Letter from chairman of the Commission to the Five Civilized Tribes to Sec- retary of the Interior, September 26, 1903, with the following exhibit: Petition from Isaac Secondine et al. to Commission to the Five Civilized Tribes, August 3, 1903. 154. Letter from Commissioner of Indian Affairs to Secretary of the Interior, Octo- ber 8, 1903. 155. Telegram from Commissioners Bixby and Needles and the attorney for the Cherokee Nation to the Secretary of the Interior, October 9, 1903. 156. Telegram from Acting Secretary of the Interior to chairman of the Commission to the Five Civilized Tribes, October 10, 1903. 157. Letter from Commissioner of Indian Affairs to Secretary of the Interior, Novem- ber 2, 1903. 158. Telegram from Secretary of the Interior to the United States Indian inspector for the Indian Territory, November 2, 1903. 159. Letter from Secretary of the Interior to Commissioner of Indian Affairs, Novem- ber 2, 1903. 160. Letter from Commissioner of Indian Affairs to Secretary of the Interior, Novem- ber 12, 1903. 161. Portion of report of the Commission to the Five Civilized Tribes to the Secretary of the Interior, October 20, 1903. 162. Letter from Commissioner of Indian Affairs to Secretary of the Interior, Novem- ber 19, 1903. 163. Portion of report of Commission to the Five Civilized Tribes to Secretary of the Interior, November 9, 1903. 164. Letter from Acting Secretary of the Interior to Commission to the Five Civi- lized Tribes, November 23, 1903. 165. Letter from Commissioner of Indian Affairs to Secretary of the Interior, Novem- ber 19, 1903. 166. Portion of report of Commission to the Five Civilized Tribes to Secretary of the Interior, November 10, 1903. 167. Letter from Acting Secretary of the Interior to Commission to the Five Civi- lized Tribes, November 23, 1903. 168. Letter from Commissioner of Indian Affairs to Secretary of the Interior, Decem- ber 22, I'M):;. 169. Portion of report of Commission to the Five Civilized Tribes to Secretary of the Interior, December 14, 1903. 170. Letter from Acting Secretary of the Interior to Commission to the Five Civil- ized Tribes, December 29, 1903. ALLOTMENT OF LANDS TO DELAWARE INDIANS. ( 171. Letter from Commissioner of Indian Affairs to Secretary of the Interior, Janu- ary 12, 1904. 172. Letter from chairman Dawes Commission to Secretary, January 6, 1903 (4 ). 173. Letter from Commission to the Five Civilized Tribes to Secretary of the Interior, December 31, 1903, with the following exhibits: List of lands of the Cherokee Nation set aside as the Delaware segregation, etc Lands in Adams and Logan list, which have been claimed by Cherokee citi- zens other than Delawares, etc. Schedule of lands in the list of lands tiled with the Commission to the Five Civilized Tribes, December 16, 1902, and amended January 23, 1903, by Walter S. Logan, claiming to be the attorney for the Delaware Indians, claimed or occupied by Cherokee citizens not Delawares. Land in the Adams and Logan list which has been claimed by Cherokee citizens of Delaware blood, claiming under their Cherokee right, as shown by their attempts to rile thereon. Land in the list of land filed with the Commission to the Five Civilized Tribes, December 16, 1902, and amended January 23, 1903, by Walter S. Logan, claimed and occupied by Delaware citizens of the Cherokee Nation as per Commission's citizenship cards, etc. Land in the list of land filed with the Commission to the Five Civilized Tribes, December 16, 1902, and amended January 23, 1903, by Walter S. Logan, claimed and occupied by Delaware citizens of the Cherokee Nation, etc. (individual holdings). Letter from Walter S. Logan to chairman Commission to the Five Civilized Tribes, December 3, 1903. 174. Letter from Secretarv of the Interior to Commissioner of Indian Affairs, January 13, 1904. 175. Letter from Secretary of the Interior to Assistant Attorney-General for the Interior Department, January 13, 1904. 176. Letter from Commissioner of Indian Affairs to Secretary of the Interior, January 15, 1904. 177. Letter from Commissioner of Indian Affairs to Secretary of the Interior, January 15, 1904, with the following exhibits: Letter from United States Indian agent, Union Agency, to Commissioner of Indian Affairs, August 11, 1903. Letter from Commissioner of Indian Affairs to the United States Indian agent, Union Agency, August 22, 1903. Telegram from Acting Commissioner of Indian Affairs to Commission to the Five Civilized Tribes, September 22, 1903. Petition from Isaac Secondine et al. to Commissioner of Indian Affairs, Sep- tember 11, 1903. Letter from Acting Commissioner of Indian Affairs to Isaac Secondine et al., September 22, 1903. Letter from Acting Commissioner of Indian Affairs to Commission to the Five Civilized Tribes, October 6, 1903. No. 1. [Senate Resolution No. 77, Fifty-eighth Congress, seeond session.] Resolved, That the Secretary of the Interior be, and he is hereby, directed to trans- mit forthwith to the Senate copies of the report of the Dawes Commission of November eleventh, nineteen hundred and three, of allotment of lands and the segregation of lands in the Cherokee Nation to the Delaware Indians, and also the report upon the segregation of said lands submitted to him by that Commission on January , 1904, and all other reports upon that subject; and, furthermore, to transmit to the Senate copies of all correspondence with the Dawes Commission and other officials and all other papers relating to such allotments and segregation. No. 2. New York, Aiu/ud 23, 1898. Hon. Cornelius N. Bliss, Secretary of the Interior, Washington, D. C. Dear Sir: Section 25 of the Curtis bill provides as follows: "That before any allotment shall be made of lands in the Cherokee Nation there shall be segregated therefrom by the Commission heretofore appointed, in separate b ALLOTMENT OF LANDS TO DELAWARE INDIANS. allotments or otherwise, the one hundred and fifty-seven thousand six hundred acres purchased by the Delaware tribe of Indians from I he < !herokee Nation under agree- ment of April eighth, eighteen hundred and sixty-seven." The agreement referred to provides as follows: "The selections of the lands to be purchased l>y the Delawares may be made hy said Delawares in any part of the Cherokee Reservation easl of said line 96° not already selected and in possession of other parties." The Delawares have made their selection of t lie 157,600 acres purchased by them and are now in possession of the same. This provision of the Curtis bill above quoted seems to he mandatory, and on behalf of the Delawares we ask you to instruct the Dawes Commission to survey and segre- gate in some proper and formal manner the 157,600 acres which the Delaware- so selected and of which they are now in possession. We ask that this be done at the earliest possible moment, for the reason that it seems necessary that this survey and segregation should precede the trial and judgment in the suit we have lately brought on behalf of the Delawares against theCherokee Nation in pursuanceof the authority granted by this same section of the Curtis bill. The court in that case ought to have before it the specific description of the 157,600 acres of land selected by the Delawares in pursuance of the purchaseof April 8, 1867, and segregated for their benefitas provided in this section of the Curtis bill. Very respectfully, yours, Logan, Demond & Harby. No. 3. Department of the Interior, Washington, November 4, 1899. Acting Chairman of the Commission to the Five Civilized Tribes. Muscogee, I ml. T. Sir: On August 28, 1898, Messrs. Logan, Demond, and Harby addressed a commu- nication to the Department, in which a quotation is made from section 25 of the act of Congress approved .June 28, 1898 (30 Stat., 495), as follows: "That before any allotment shall be made of lands in the Cherokee Nation there shall be segregated therefrom by the Commission heretofore mentioned, in separate allotmonts or otherwise, the one hundred and fifty-seven thousand six hundred acres purchased by the Delaware tribe of Indians from the Cherokee Nation under agree- ment of April eighth, eighteen hundred and sixty-seven." It is also stated that the agreement referred to provides as follows: "The selections of the lands to be purchased by the Delawares may be made by said Delawares in any part of the Cherokee Reservation east of said line 96 degrees not already selected and in possession of other parties." Said attorneys further state that " the Delawares have made their selection of the 157,600 acres purchased by them and are now in possession of the same. - ' and they request that the Department shall instruct your Commission " to survey and segre- gate in some proper and formal manner the. 157, 600 acres which the Delawares so selected and of which they are now in possession." They further state that they desire this to he done as early as possible, for the rea- son that they think it necessary that the survey and segregation mentioned in said act should precede the trial and judgment in the suit that they have recently brought against the Cherokee Nation under the provisions of said section. You are requested to ad vise the Department what action, in your judgment, should be taken with reference to said provision, when it is practicable to make said segre- gation, and any recommendation relative thereto which in your judgment seems best. Respectfully, Tims. Ryan, Acting Secretary. No. 4. Department of the Interior. Office of Indian Affairs. Washington, November .0, 1899. The Secretary of the Interior. Sir: Referring to Department letter of November 4, 1899, addressed to the chair- man of the Dawes Commission, requesting said Commission to advise the Depart- ment what action, in their judgment, should be taken relative to the segregation ALLOTMENT OF LANDS TO DELAWARE INDIANS. 9 of the 157,600 acres of land "purchased by the Delaware Indians from the Cherokee Nation," there is transmitted herewith a report, dated November 13, 1899, from the acting chairman of said Commission, in which it is stated that the Commission is required to make rolls of citizenship of the Cherokee Indians; that such rolls will, of course, include the Delawares; that before such rolls can become final they must lie approved by the Secretary of the Interior; that until such rolls are completed it can not lie determined who are Cherokee citizens, nor can it be known what Dela- ware Indians are Cherokee citizens and entitled to participate in the benefits of the distribution of the property acquired under the contract between the Delawares and Cherokees; that the provision of the Curtis Act relative thereto makes it obligatory upon the Department to segregate said land "before any allotment shall he made of lands in the Cherokee Nation; " that no allotment of Cherokee lands can he made until a roll of citizenship of said nation has been made and approved; that the Com- mission will not be able to make such rolls until during the year 1900; that when such rolls have been made the Government will he prepared to begin the allotment of Cherokee lands, and also to segregate the lands alleged to have been purchased by the Delawares under their agreement with the Cherokees; and that not until said rolls have been so made and approved can the segregation of said lands be accom- plished. As it is presumed that the Department is desirous of obtaining the views of the Dawes Commission relative to this matter, the said report is submitted without any discussion thereof by this Office. Very respectfully, your obedient servant, W. A. Jones, ('ounnixsinnrr. No. ."i. Department of the Interior, Commission to the Five Civilized Tribes, Muscogee, Ind. 7'., November 13, 1899. The Secretary of the Interior. Sir: The Commission has the honor to acknowledge receipt of your letter of November 4, 1st'!), referring to a letter received by you from Messrs. Logan, Dernond & Harby in which they insist upon having the 157,600 acres of land alleged to have been purchased by the Delaware tribe of Indians from the Cherokee Indians under agreement of April 8, 1867, immediately segregated from the Cherokee domain, and further insisting that in performing this work the Delaware Indians lie allowed to take such lands in separate tracts already selected by them in different portions of the Cherokee country; and you request that the Commission advise the Department what action, in its judgment, should lie taken with reference to the matter; when it is practicable to make said segregation, and any recommendation relative which in the judgment of the Commission seems lust. In response thereto the Commission submits that under section 21 of the act of Congress of June 28, 1898, the Commission is required to make mils of citizenship of the Cherokee tribe of Indians, which of course includes the Delawares, and that such rolls, when so made and approved by the Secretary of the Interior, shall become the final rolls of citizenship of said tribe, upon which it is evident the Government ntends to make allotment -of Cherokee lauds and distribution of moneys and other property belonging to the Cherokees. Until such rolls are made it can not lie known who are lawful Cherokee citizens, nor can it be known what Delaware Indians are lawful Cherokee citizens and entitled t<> the benefits which they claim under the contract aforesaid between the Delawares and Cherokees. The provision of said act of Congress referred to by attorneys, requiring the segregation of lands to the Dela- wares, only makes it obligatory upon the Department to perform that duty " before any allotment shall be made of lands in the Cherokee Nation." It will be readily seen that no allotment of Cherokee lands can be made until a correct roll has been made and approved under the provisions of said act. It will be impossible for the Commission to take a census of the Cherokees and make such rolls until during the year 1900. When such rolls are made, then the Government will be ready to begin the allotment of Cherokee lands as provided in said act of Congress, and will also lie prepared to segregate to the Delawares the lands alleged to have been purchased by them under their said agreement, as provided by the provisions of said act of Congress, and not until then can this duty be intelligently accomplished. Very truly, Tams Bixby, Acting Chairman. (Through the Commissioner of Indian Affairs. ) 10 ALLOTMENT OF LANDS TO DELAWARE INDIANS. No. 6. Department ojp the Interior, Washington, November 22, /sua. The Acting Chairman of the Commission to the Five Civilized Tkibes, Muskogee, Tnd. T. Sir: The Department is in receipt of your communication of the 13th instant, referring to departmental letter of the 4th instant, relative to the segregation of the L57,600 acres referred to in section 25 of the act of Congress approved Juno 28, 1898 (30 Stat. L., 495), and stating that no allotment of the Cherokee lands can be made until the rolls of the Cherokee Nation shall have been completed and approved. The views expressed in your said communication arc satisfactory to the Depart- ment, and you are so advised. Respectfully, Webster Davis, Acting Secretary. No. Department of the Interior, Washington, August 29, 1900. Commission to the Five Civilized Tribes, Muscogee, Ind. T. Gentlemen: The Department is continually embarrassed by want of information as to the condition of the work upon which the Commission is engaged. You will therefore transmit to the Department at the end of each month a report of the work done during the month. Your first report, which you will please make upon receipt hereof, should show the work already done and yet to be performed in each nation. Each report should give the names of employees, their salaries, and the work upon which such employees were engaged during the month. It should show the progress made during the month as to allotment and enrollment matters, etc., in each nation, and state specifically what work it is proposed to do in each nation during the next month. The report should be concise, but comprehensive, in order that the Depart- ment may be easily as well informed as to the condition of the work of the Commis- sion as is the Commission itself. Respectfully, Thos. Ryan, Acting Secretary. No. 8. February 27, 1901. The Secretary of the Interior, Washington, D. C. Sir: Inclosed in separate cover three maps, showing the location of the 157,600 acres of land selected and in possession of the Delaware Indians, and which we wish to have segregated by the Dawes Commission, as provided by the twenty-fifth section of the act of Congress known as the Curtis bill and the Cherokee agreement. Please forward one copy of these maps to the Dawes Commission for their use and reference. These maps are true copies of the one on rile with the Court of Claims. If you need other copies, I can furnish them to you. I am, yours, respectfully, Richard C. Adams, Representing the Delaware Indians. (March 2, 1901, a copy of above letter, with one copy of map, was sent to the Dawes Commission, by indorsement thereon, requesting report.) No. 9. Department of the Interior, Washington, March 2, 1901. Mr. Richard C. Adams, Columbian Building, Washington, D. C. Sir: The Department is in receipt of your communication of February 27, 1901, advising the Department that you have inclosed under separate cover three maps ALLOTMENT OF LANDS TO DELAWARE INDIANS. 11 showing the location of the 157,600 acres of land which you state have been selected and arc in possession of the Delaware Indians and which they desire to have segre- gated by the Commission to the Five Civilized Tribes, as provided in section 25 of the act of Congress approved June 28, 1898. (30 Stat. L., 495. ) You request that one copy of said map be forwarded to the Dawes Commission for its use and reference. In reply you are advised that said maps have been received and that one of them has this day been referred to the said Commission to the Five Civilized Tribes for its consideration, report, and recommendation, together with a copy of your said communication. Respectfully, Thos. Ryan, Acting Secretary. No. 10. Department of the Interior, Office of Indian Affairs, Washington, April 3, 1901. The Secretary of the Interior. Sir: I have the honor to transmit herewith a report made on March 23, 1901, by the Commission to the Five Civilized Tribes, acknowledging receipt, by departmental reference of March 2, 1901, of a letter from Richard C. Adams, dated February 27, with a map of the Cherokee Nation, showing by coloration the lands which Mr. Adams represented to be now in the possession of Delaware Indians and which they wish to have segregated by the Commission, as provided by section 25 of the act of Congress of June 28, 1898. The Commission quotes section 25 of the act of Congress above referred to, which is as follows: "That before any allotment shall be made of lands in the Cherokee Nation there shall be segregated therefrom by the Commission heretofore mentioned, in separate allotments or otherwise, the one hundred and fifty-seven thousand six hundred acres purchased by the Delaware tribe of Indians from the Cherokee Nation under agreement of April eighth, eighteen hundred and sixty-seven, subject to the judicial determination of the rights of said descendants and the Cherokee Nation under said agreement. That the Delaware Indians residing in the Cherokee Nation are hereby authorized and empowered to bring suit in the Court of Claims of the United States, within sixty days after the passage of this act, against the Cherokee Nation, for the purpose of determining the rights of said Delaware Indians in and to the lands ami funds of said nation under their contract and agreement with the Cherokee Nation dated April eighth, eighteen hundred and sixty-seven; or the Cherokee Nation may bring a like suit against said Delaware Indians; and jurisdiction is conferred on said court to adjudicate and fully determine the same, with right of appeal to either party to the Supreme Court of the United States" — and states that it is not ready to allot the lands of the Cherokees and will not begin making the allotments in all probability until the roll of the Cherokees shall have been completed, or until legislation is enacted other than that which now governs allotments in the Cherokee Nation; that it is therefore not essential that the lands in the possession of the Delawares be segregated at this time; and that the indica- tions are that considerable time will elapse before the Commission will be in readi- ness to allot the lands of the Cherokees. The Commission states that under the provisions of the act above quoted, the lands claimed by the Delawares are to be segregated, subject to a judicial determination of the rights of said descendants and the Cherokee Nation under said agreement; that a judicial determination of the rights of the parties in interest has thus far not been reached by the Court of Claims wherein suit was instituted; that a recognition of the Delawares' claim to 157,600 acres should not therefore precede such determination; that the lands of the Cherokees have been surveyed and a mere segregation of the land claimed by the Delawares would involve no act on the part of the Commission other than that of withholding the same from general allotment; and that should allotment in the Cherokee Nation be reached while suit is yet pending the Commis- sion may, in its opinion, properly reserve 157,600 acres pending a decision of the Court of Claims, provided that an accurate and authentic description of the land claimed by the Delawares is furnished to it. Congress has directed that 157,600 acres of the Cherokee lands be segregated before any allotments are made to citizens of that nation. The Department and the Com- mission have nothing to do with the effect which such segregation may have on the final determination of the suit authorized by Congress, and, indeed, it is not under- stood that the compliance by the Commission with the statutory direction would in any wise prejudice the rights of either party in interest. 12 ALLOTMENT OF LANDS TO DELAWARE INDIANS. This office lias no means of ascertaining the necessity, if any there be, of segregat- ing the said Delaware lam Is at this time. Neither does it understand that any neces- sity exists for such action. So far as is known, the Delawares are occupying the Lands claimed bythem without restriction or objection on the part of the Cherokees, and unless some good reason he shown to the contrary, the Commission should he allowed to exercise its sound discretion as to the time when the segregation contem- plated should be made, it being understood, of course, that no allotments will be made to the Cherokees prior to the segregation of the Delaware lands. It is respect- fully recommended thai .Mr. Adams and the Commission be advised as above indi- cated, mid attention is respectfully invited to office report of November 20, 1899, winch transmitted without discussion a report made by the said Commission on November 13, 1899, relative to the same subject-matter. Very respectfully, your obedient servant, \Y. A. Jones, Commissioner. No. 11. Commission to the Five Civilized Thicks, Muscogee, Ind. T., March ..'■). 1901. The SlX'RETARY OF THE INTERIOR. Sir: I have the honor to acknowledge receipt by departmental reference of March I'll of a letter from Richard C. Adams, dated February 27, together with a map of the Cherokee Nation, showing by coloration the lands which said Adams represents to be now in the possession of Delaware Indians, and which they wish to have segre- gated by this Commission, as provided by section 25 of the act of Congress of June 28, 1 s; is, and the pending Cherokee agreement. In response to the Department's request for a report and recommendation in the premises, I have to state that the Commission is not advised whether said Richard C. Adams is authorized to represent the Delawares in the matter of segregating their lands, and whether, therefore, the lands designated are the lands desired by the Delawares or not. Granting that he is the duly accredited representative i if the 1 >el- aware Indians, the Commission should in due time be furnished with a list of the lands which it is desired to have segregated, described by legal subdivision-. Section 25 of the act of Congress referred to provides as follows: "That before any allotment shall be made of lands in the Cherokee Nation there shall he segregated therefrom by the Commission heretofore mentioned, in separate allotments or otherwise, the one hundred and fifty-seven thousand six hundred acres purchased by the Delaware tribe of Indians from the Cherokee Nation under agree- ment of April eighth, eighteen hundred and sixty-seven, subject to the judicial deter- mination of the rights of said descendants and the Cherokee Nation under said agree- ment; that the Delaware Indians residing in the Cherokee Nation are hereby authorized and empowered to bring suit in the Court of Claims of the United States within sixty days after the passage of this act, against the Cherokee Nation, for the purpose of determining the rights of said Delaware Indians in and to the lands and funds of said nation under their contract and agreement with the Cherokee Nation dated April eighth, eighteen hundred and sixty-seven, and jurisdiction is conferred on said court to adjudicate and fully determine the same, with right of appeal to either party to the Supreme Court of the United States." The Commission is not yet ready to allot the lands of the Cherokees and will not begin making allotments, in all probability, until the roll of Cherokee citizens shall have been completed or legislation be enacted other than that which now governs allotment in the Cherokee Nation. It is therefore not essential that the Commission segregate the lands at this time in order to fulfill the requirements of the statute with respect to segregating the lands prior to allotment. The indications are that con- siderable time will yet elapse before the Commission will he in readiness to allot the lands of the Cherokees. Furthermore, under the provisions of the act above quoted, the lands claimed by fbe Delawares are to be segregated "subject to a judicial determination of the rights of said descendants and the Cherokee Nation under said agreement." A judicial determination of the rights of the parties in interest has thus far not been reached by the Court of Claims, wherein suit was instituted, and a recognition of the Dela- wares' claim to 157,600 acres should not, therefore, precede such determination. Inasmuchas the lands of the Cherokees have been surveyed, a mere segregation of the land claimed would involve no act on the part of the Commission other than to withhold the same from general allotment, and should allotment in the Cherokee ALLOTMENT OF LANDS TO DELAWARE INDIANS. 13 Nation therefore be reached while the suit is yet pending the Commission may, in its opinion, properly reserve the 157,600 acres pending a decision by the Court of Claims, provided that an accurate and authentic description of the lands claimed by the Delawares be furnished it. Very respectfully, Tams Bixby, Acting Chairman. (Through the Commissioner of Indian Affairs.) No. 12. Department of the Interior, Washington, Aprils, 1901. Commission to the Five Civilized Tribes, Muskogee, Ind. T. Gentlemen: The Department is in receipt of your communication of March 23, 1901, reporting upon a letter from Richard C. Adams, dated February 27, 1901, rela- tive to the segregation of 157,600 acres of Delaware lands in the Cherokee Nation. The Commissioner of Indian Affairs forwarded your report April 3, and concurred in your recommendations. The Department has this day advised Mr. Adams of its approval of your views in the premises. Respectfully, Thos. Ryan, Acting Secretary, No. 13. Department of the Interior, Washington, April 8, 1901. Commissioner of Indian Affairs. Sir: The Department is in receipt of your communication of April 3, 1901, trans- mitting report of the Commission to the Five Civilized Tribes, dated March 23, 1901, upon a communication from Richard C. Adams relative to the segregation of 157,600 acres of Delaware lands in the Cherokee Nation. Mr. Adams has been this day advised that the Department concurs in the views of the Indian Office and the Commission, and inclosed a copy of your said communication. Said Commission is informed of the action taken in a letter herewith transmitted for your information, to be duly forwarded. Respectfully, Thos. Ryan, Acting Secretary. No. 14. Department of the Interior, Washington, April 8, 1901. Mr. Richard C. Adams, Kellogg Building, Washington, D. C. Sir: The Department is in receipt of a report from the Commission to the Five Civilized Tribes upon your letter dated February 27, transmitting a map of the Cherokee Nation showing by coloration the lands w r hich you represent to be now in possession of Delaware Indians, and which they desire to have segregated by the Commission, as provided by section 25 of the act of Congress approved June 28, 1898. (30 Stat, 495.) _ The Commission quotes section 25 of said act, and states that it is not yet ready to allot the lands of the Cherokees, and will not begin making allotments in all proba- bility until the roll of Cherokee citizens shall have been completed or legislation be enacted other than that which now governs allotments in the Cherokee Nation; that it is not essential that the Commission segregate the lands at this time in order to fulfill the requirements of the statute with respect to segregating the lands prior to allotment, and that the indications are that considerable time will yet elapse before the Commission will be in readiness to allot the lands of the Cherokees. 14 ALLOTMENT OF LANDS TO DELAWARE INDIANS. The Commission further reports thai since the lands of the Cherokee Nation bave been surveyed, any segregation of the lands claimed would involve no act on t hi- part of the < Jomraission other than to withhold the same from general allotment ; and si H in M the Commission be ready to allol the lands in the Cherokee Nation while the suit is pending between sail I nation and the Delawares, it could properly reserve the 157,600 acres, pending a final decision of said suit, "provided that an accurate and authentic description of the lands claimed by the Delawares be furnished it." The Commissioner of Indian Affairs forwarded said report on April 3, L901, and recommends thai you be advised that " the Commission should be allowed to exer- cise its sound discretion as to the time when the segregation contemplated should be made, it being understood, of course, that no allotments will be made to the Chero- kees prior to the segregation of the Delaware lands." The Department concurs in the views expressed by the Commission and the Com- missioner of Indian Affairs, and incloses herewith a copy of the report of the ( Jommis- sioner for your information. Respectfully, Tims. Ryan^ Acting Secretary. No. 15. May 7, 1901. The Secretary of the Interior, Washington, D. C. Dear Sir: While I was in the West 1 received your letter of the Nth of April, inclosing report of the Commissioner of Indian Affairs in regard to my request on behalf of the Delaware Indians for the segregation of their lands. Among other things it says: "This Office has no means of ascertaining the necessity, if any there be, of segre- gating the said Delaware lands at this time. Neither does it understand that any necessitj' exists for such action. So far as is known the Delawares are occupying the lands claimed by them without restriction or objections on the part of the Cherokees, and unless some good reason be shown to the contrary the Commission should be allowed to exercise its sound discretion as to the time when the segregation contem- plated should be made, it being understood, of course, that no allotments will be made to the Cherokees prior to the segregation of the Delaware lands." I must again ask, as protection to the Delaware Indians, that the lands selected and in possession of the Delaware Indians be segregated at once, and I believe the following reasons fully justify my request: The Delaware Indians have about $1,000,000 worth of improvements on this land, which is the proceeds of the invested funds and the labor of their hands. Some of them have been living on these lands for over thirty years; others only a few years. Some of them have large holdings — two or three thousand acres — others only a small amount, still the improvements on the lands belong to the Delawares who paid for or made the same, and the 157,600 acres of land is land that has been in possession of Delaware Indians according to the Cherokee law. The division of this land among the individual Delawares will be determined by the Court of Claims. The Curtis law commands the segregation of the Delaware lands either in separate allotment or otherwise. Since the selections and locations of the Delaware lands have been submitted to the Court of Claims certain individuals, Cherokee citizens, have infringed on the rights of Delawares and, in some cases, have fenced off a part of their selections and improvements, and while I was at Vinita, Ind. T., I made an effort to get an injunc- tion against one Hannah Davis and others, who were trespassing on Delaware rights, and the chancellor to whom the matter was referred said that I would be required to prove that this land had been segregated for the use of the Delaware Indians and was a part of the 157,600 referred to in the twenty-fifth section of the Curtis law. Otherwise he should consider that a Delaware Indian could not, under the Curtis law, hold more than his individual share as a Cherokee citizen. However, the chancellor was a Cherokee citizen, which may have something to do with his views. The Delaware-Cherokee agreement provides that "the aggregate amount of land provided for the Delawares to include their improvements, shall be guaranteed to each Delaware, etc. , * * * nor shall the continued ownership and occupancy of said land by any Delaware so registered be interfered with in any manner whatever without his consent." The Curtis law has many embarassing features in it, which if enforced before the segregation of the Delaware lands, would work a great hardship on the Delawares even though the Court of Claims eventually awards them all the lands they claim. If the lands are now segregated subject to the suit, no possible harm can come to either ALLOTMENT OF LANDS TO DELAWARE INDIANS. 15 Delaware* or Cherokees by reason of its segregation at once. Furthermore, no cost is required on the part of the Dawes Commission to make the segregation. A map has been furnished them and your department, showing the lands selected and in possession of the Delaware Indians at the time of the selection, and a description of these lands can be furnished to accompany the map, if desired. A declaration on the part of the Commission and Interior Department that the lands claimed by the Delaware Indians before the Court of Claims, as described by the map accompanying the testimony, shall be withheld from allotment, pending the decision of the Court of Claims, will greatly enable the Delaware Indians to protect their individual rights before the Federal court of the Indian Territory, and will prevent the ( Jherokees from running over the Delawares as they have constantly been in the habit of doing. Trusting that you will grant our earnest request, I am, Very respectfully, yours, R. C. Adams, Representing the Delaware Indians. No. 16. Department of the Interior, Washington, May 10, 1901. Mr. R. C. Adams, Columbian Building, Washington, D. C. Sir: The Department is in receipt of your letter, dated May 7, 1901, acknowledging receipt of departmental letter of April 8, same year, inclosing report of the Commis- sioner of Indian Affairs, in regard to your request on behalf of the Delaware Indians for the segregation of lands claimed by them, and again requesting that said lands be segregated. Tlie matter was carefully considered by the Department and you were advised of its conclusions in said letter of April 8, and no good reason appears for changing or modifying: the views of the Department as stated in said letter. You are therefore advised that the Department deems it inexpedient at the present time to direct the segregation of said land. Respectfully, Thos. Ryan, Acting Secretary. No. 17. New York, October 2, 1902. Hon. E. A. Hitchcock, Secretary of the Interior. Sir: As counsel for the Delaware Indians in the case now pending in the Court of Claims, wherein their several controversies with the Cherokees are involved and are to be determined, I wish to call your attention to some of the issues involved in that suit. The Delawares claim, among other things: 1. That they are entitled absolutely to 157,600 acres of land to be selected by them and to be segregated and allotted to them out of the lands of the Cherokee Nation. The basis for this claim is that the Delawares have purchased said 157,600 acres of land from the Cherokees and paid for it at the rate of $1 per acre. They claim this land as purchasers and owners. 2. They further claim that under the agreement of 1867 they are entitled to share as Cherokee citizens in the balance of the lands of the Cherokee Nation equally with every other citizen of the Cherokee Nation. . The suit in the Court of Claims is brought under the special authority of section 25 of the Curtis Act, which provides for the submission of all controversies between the Delawares and the Cherokees to the Court of Claims for adjudication. The claims of the Delawares are set forth in their petition on tile in the Court of Claims and also in your office. The evidence in the suit in the Court of Claims has been closed, the record printed, and the case is now ready for hearing. It will be brought on for a hearing as soon as the court can tix the time for its being heard. It is on the calendar for October, and is likely to be heard sometime during October or November. We ask of the Department of the Interior that no distribution or allotment be made of the Cherokee lands until the final determination of the suit in the Court of Claims, unless the rights of the Delawares as claimed in their petition in the suit in the Court of Claims be in every way protected. 1<> ALLOTMENT OF LANDS TO DKLAWAKK INDIANS. Such rights will not be protected unless — 1. The 157,600 acres which the Delawares claim to own by virtue of their purchase of the same and paymenl therefor, be first segregated and set apart, so that no distri- bution or allotment of the same shall be made. 2. Unless each I Delaware have the same opportunity as each Cherokee to select and segregate — subject to the future determination of the court — such lands as under the Delawares' claims he is entitled to as a Cherokee citizen and outside of the 157,600 acres of land purchased by the Delawares. If the Delawares were not allowed to make their selections at the same time that the Cherokees made theirs, the Delaware citizen of the Cherokee Nation would he at a disadvantage compared with the Cherokee, in that in case the decision of the Court of Claims is in favor of the Delawares, he could only take such lands as had been left after the Cherokees had made their selection. The Delaware should have the same right to select what he considers the choicest lands as the Cherokee has. No distinction should be made between them so far as such selection is concerned. The Delawares, by virtue of moneys heretofore paid to them by the United States in consideration of lands which they gave up at the time, have been in possession of considerable funds and have used those funds under the advice of the Secretary in improving lands which they selected and which they have made their homes in the Indian Territory. Their improvements cover far more than the 157,600 acres — in fact they cover not only the - 157,600 acres, but nearly all they will receive in case the suit in the Court of Claims is decided in their favor as Cherokee citizens, outside of the 157,600 acres of land. If after the segregation of the 157,600 acres purchased and paid for by the Delawares, the Cherokees are allowed to have priority in the selec- tion of their lands, many Delawares will be ousted from their homes and from the lands on which they have spent large sums of money for improvements under the advice of your Department, and have no redress therefor. I submit that all selections and allotments of land outside of the 157,600 acres be postponed until after the final determination of the suit in the Court of Claims, or that the Delawares should be allowed to make provisional selections — to hold good in case the suit is decided in their favor — at the same time that the Cherokees make their selections. In this way the rights of all parties will be preserved. The Delawares will get what they are entitled to in case the suit is determined in their favor. The Chero- kees will lose no rights which they possess. I am not asking the Department to prejudge the case in the Court of Claims in any way in our favor. Congress has referred the determination of the rights of the parties as between the Delawares and the Cherokees to that court, and it would be out of place for me to argue the same matter before your Department which is to be argued and decided by the Court of Claims. I can only say that the claims of the Delawares, as embraced in the petition in the suit in the Court of Claims, have been formulated and drawn with great care and deliberation and that I believe they are in every respect well founded in fact and in law. If, however, the lands should be distributed and allotted — that is, the lands out- side of the 157,600 acres which the Delawares have bought and paid for — without providing for selection by the Delawares on equal terms in every way with the Cherokees, it would be a prejudgment of the case against us, and that is what we object to. Such action would tend to make the judgment of the Court of Claims, if in our favor, of no avail, or of less avail than it otherwise would be. It would be like postponing the appeal until after the execution of the criminal. Very respectfully, yours, Walter S. Logan. No. 18. Department of the Interior, Washington, October 6, 1902. Mr. Walter S. Logan, 27 William street, New York, N. Y. Sir: Acknowledging receipt of your communication of the 2d instant requesting that no allotment of Cherokee lands be made until final determination of suit in the Court of Claims unless the rights of the Delawares be in every way protected, you are informed that said letter has been referred to the Dawes Commission, at Musco- gee, Ind. T., for consideration and appropriate action. By direction of the Secretary: Respectfully, Edward M.Dawson, Chief Clerk. ALLOTMENT OF LANDS TO DELAWARE INDIANS. 17 No. 19. Department of the Interior, Office of Indian Affairs, Washington, November -'..', 1902. The Secretary of the Interior. Sir: There is inclosed herewith a report from the Commission to the Five Civilized Tribes, dated October 20, 1902, relative to the requests of Walter S. Logan, attorney for the Delawares in their suit against the Cherokee Nation, contained in his letter of October 2, 1902, which was referred by the Department to the Commission for report and recommendation on October 6 last. Mr. Logan in his communication states that he does not ask the Department to prejudge the case in favor of his clients; that Congress has referred a determination of the rights of the respective parties to the court, ami that it would be out of place for him to argue the same before the Department. In his letter Mr. Logan invites attention to the issues involved in the suit men- tioned, which is now pending in the Court of Claims, gives the present status of the case, and states: "We ask of the Department of the Interior that no distribution or allotment be made of the Cherokee lands until the final determination of the suit in the Court of Claims unless the rights of the Delawares as claimed in their petition in the suit in the Court of Claims be in every way protected. "Such right will not be protected unless — "1. The 157,600 acres which the Delawares claim to own by virtue of their pur- chase of the same and payment therefor be first segregated and set apart, so that no distribution or allotment of the same shall be made. "2. Unless each Delaware have the same opportunity as each Cherokee to select and segregate, subject to the future determination of the court, such lands as under the Delawares' claim he is entitled to as a Cherokee citizen and outside of the 157,600 acres of land purchased by the Delawares. "If the Delawares were not allowed to make their selections at the same time that the Cherokees made theirs, the Delaware citizen of the Cherokee Nation would be at a disadvantage compared to the Cherokee, in that in case the decision of the Court of Claims is in favor of the Delawares he would only take such land as had been left after the Cherokees had made their selection. The Delaware should have the same right to select what he considers the choicest lands as the Cherokee has. No distinction should be made between them so far as such selection is concerned. "The Delawares, by virtue of moneys heretofore paid to them by the United States in consideration of lands which they gave up at the time, have been in pos- session of considerable funds and have used those funds under the advice of the Secretary in improving lands which they selected and which they have made their homes in the Indian Territory. Their improvements cover far more than the 157,600 acres — in fact they cover not only the 157,600 acres, but nearly all they will receive in case the suit in the Court of Claims is decided in their favor, as Cherokee citizens, outside of the 157,600 acres of land. If, after the segregation of the 157,600 acres purchased and paid for by the Delawares, the Cherokees are allowed to have priority in the selection of their lands, many Delawares will be ousted from their homes and from the lands on which they have spent large sums of money for improvements under the advice of your Department, and have no redress therefor. " I submit that all selections and allotments of land outside of the 157,600 acres be postponed until after the final determination of the suit in the Court of Claims, or that the Delawares should be allowed to make provisional selections — to hold good in case the suit is decided in their favor — at the same time that the Cherokees make their selections. "In this way the rights of all parties will be preserved. The Delawares will get what they are entitled to in case the suit is determined in their favor. The Cherokees will lose no rights which they possess." The Commission, with reference to Mr. Logan's request that the allotment of Cherokee lands be held "until the final determination of the suit in the Court of Claims." invites attention to section 23 of the Cherokee agreement, which is as follows: "All Delaware Indians who are members of the Cherokee Nation shall take lands and share in the funds of the tribe, as their rights may be determined by the judg- ment of the Court of Claims, or by the Supreme Court if appealed, in the suit insti- tuted therein by the Delawares against the Cherokee Nation and now pending; but if said suit be not determined before said Commission is ready to begin the allotment of lands of the tribe as herein provided, the Commission shall cause to be segregated one hundred and fifty-seven thousand six hundred acres of land, including lands S. Doc. 101 2 18 ALLOTMENT OF LANDS TO DELAW&BE INDIANS. which have been selected and occupied by Delawares in conformity to the provisions of their agreement with the Cherokees dated April eighth, eighteen hundred and sixty-seven, such lands so to remain, subject to disposition according to such judg- ment as may be rendered in such cause: and said Commission shall thereupon proceed to the allotmenl of the remaining lands of the tribes as aforesaid. Said Commission shall, when final judgment is rendered, allol lands to such Delawares in conformity to the terms of the judgment and their individual rights thereunder. "Nothing in this act shall in any manner impair the rights of either party to said con- tract as the same may be finally determined l»y the court, or shall interfere with the holdings of the Delawares under their contract with the Cherokees of April eighth, eighteen hundred and sixty-seven, until their rights under said contract are deter- mined by the courts in their suit now pending against the Cherokees, and said suits shall be advanced on the dockets of said courts and determined at the earliest time practicable," and takes the position that said section clearly shows that it was not the intention of Congress to permit the allotment work to he delayed because of the tact that said suit was pending in the Court of Claims. It states that the representations made by Mr. Logan carry with them the certainty that if the decision of the court should he adverse to the Delawares in any particular a request for further delay of the allotment work would he made by the Delawares on the ground that their rights had not yet been adjudicated by the Supreme Court. to which an appeal from the Court of Claims will lie; that should the request In- granted and the decision of the Court of Claims be adverse to the contention of the Delawares, the Delawares would be entitled to have the allotment work further delayed on the ground that they expected a decision in their favor of the Supreme Court. The Commission gives it as its opinion that the statute abovequoted does not con- template an allotment to each Delaware of an amount of land equal to the per capita share of each Cherokee " in addition to the allotment which such Delaware will receive from the 157,600 acres to be segregated pending the determination of said suit, and that to adopt the contrary view in proceeding with the Cherokee allotment would place at a serious disadvantage innumerable Cherokees, who, unlike the Delawares, have neither improved lands nor homes of their own." The Commission states that the 157,800 acres of land to he segregated for the Del- awares are to include lands heretofore selected, occupied, and improved by them and upon which they are now living, and invites attention to the following quota- tion from the petition of the Delawares in the suit now pending in the Court of Claims: "That thereupon the said Delawares selected the said 157,600 acres of land from the said Cherokee Reservation east of line 96°, not theretofore selected or in posses- sion of other parties, entered into the occupancy and possession of the same and made extensive and valuable improvements thereon, and they, their children, descendants, heirs at law, and personal representatives, have continued to occupy and possess the said lands and the said improvements and have continued to make extensive and valuahle improvements thereon and to reside thereon down to the present time." The Commission holds that it has no authority under the law to make allotments to Delawares of land uot embraced in the segregation required by the agreement; that the allotments to the Cherokee should begin at the earliest possible date; that upon the application of any Delaware citizen there should he reserved from allot- ment until the final determination of the suit mentioned, such lands not embraced in such segregation not exceeding an amount equal in value to 110 acres of average allotable land of the Cherokee Nation "as contain permanent and valuable improve- ments owned by such Delaware citizen." The Commission is of the opinion that if the course outlined by it is pursued, the rights of the Delawares will be fully protected. As this office understands the contention of the Delawares, they claim they are not only entitled to the 157,600 acres, but are also entitled to share equally with the other citizens of the Cherokee Nation in the remaining lands. Section 23 of the Cherokee agreement specifically declares that if the suit "be not determined before said Commission is ready to begin the allotment of lands of the tribe as provided herein, the Commission shall cause to be segregated 157,600 acres of land, including the lands which have been selected and occupied by the Dela- wares," and directs that the Commission "shall thereupon proceed to the allotment of the remaining lands of the tribe as aforesaid." The office agrees with the Commission that it was not the intention of Congress to delav the allotment work in the Cherokee Nation until the suit hetween the Dela- ALLOTMENT OF LANDS TO DELAWARE INDIANS. 19 wares and the Cherokees shall have been finally determined, and it therefore respect- fully reeotamends that the Commission's report be approved and that it lie instructed to proceed in accordance therewith. Very respectfully, your obedient servant, W. A. Jones, Commissioner. No. 20. Muscogee, Ind. T., October 30, 1902. The Secretary of the Interior. Sir: Keceipt is hereby acknowledged of a communication from Walter S. Logan, dated October 2, 1902, relating to allotments of land in the Cherokee Nation to the Delaware Indians, which was referred by the Department to this Commission for consideration, report, and recommendation on October 6, 1902. After calling attention to the issues involved in the suit of the Delaware Indians against the Cherokee Nation, now pending in the Court of Claims, and giving the present status of the case, Mr. Logan states: "We ask of the Department of the Interior that no distribution or allotment be made of the Cherokee lands until the hnal determination of the suit in the Court of (Maims, unless the rights of the Delaware's as claimed in their petition in the suit in the Court of Claims be in every way protected. "Such rights will not be protected unless — "1. The 157,600 acres which the Delawares claim to own by virtue of their pur- chase of the same and payment therefor be first segregated and set apart, so that no distribution or allotment of the same shall be made. "2. Unless each Delaware have the same opportunity as each Cherokee to select and segregate — subject to the future determination of the court — such lands as under the Delawares' claims he is entitled to as a Cherokee citizen and outside of the 157,600 acres of land purchased by the Delawares. "If the Delawares were not allowed to make their selections at the same time that the Cherokees made theirs, the Delaware citizen of the Cherokee Nation would be at a disadvantage compared with the Cherokee, in that in case the decision of the Court of Claims is in favor of the Delawares he could only take such lands as had been left after the Cherokees had made their selection. The Delaware should have the same right to select what he considers the choicest lands as the Cherokee has. No distinction should be made between them so far as such selection is concerned. "The Delawares, by virtue of moneys heretofore paid to them by the United States in consideration of lands which they gave up at the time, have been in pos- session of considerable funds and have used those funds under the advice of the Secretary in improving lands which they selected and which they have made their homes in the Indian Territory. Their improvements cover far more than the 157,600 acres. In fact, they cover not only the 157,600 acres, but nearly all they will receive in case the suit in the Court of Claims is decided in their favor as Cherokee citizens, outside of the 157,600 acres of land. If, after the segregation of the 157,600 acres purchased and paid for by the Delawares, the Cherokees are allowed to have priority in the selection of their lands, many Delawares will be ousted from their homes and from the lands on which they have spent large sums of money for improvements, under the advice of your Department, and have no redress therefor. " I submit that all selections and allotments of land outside of the 157,600 acres be postponed until after the final determination of the suit in the Court of Claims, or that the Delawares should be allowed to make provisional selections — to hold good in case the suit is decided in their favor — at the same time that the Cherokees make their selections. "In this way the rights of all parties will be preserved. The Delawares will get what they are entitled to in case the suit is determined in their favor; the Cherokees will lose no rights which they possess." With reference to the proposition to delay the allotment of Cherokee lands "until the final determination of the suit in the Court of Claims," attention is invited to section 23 of the act of Congress approved July 1, 1902 (Public — No. 241), which is as follows: "Sec 23. All Delaware Indians who are members of the Cherokee Nation shall take lands and share in the funds of the tribe, as their rights may be determined by the judgment of the Court of Claims, or by the Supreme Court if appealed, in the suit instituted therein by the Delawares against the Cherokee Nation, and now pend- ing; but if said suit be not determined before said Commission is ready to begin the 20 ALLOTMENT <>K LANDS T< > DELAWARE INDIANS. allotment of lands of the tribe aa herein provided, the Commission shall cause to be segregated one hundred and fifty-seven thousand six hundred acres of land, includ- ing lands which have been selected and occupied by Delawares in conformity to the provisions of their agreement with the Cherokees dated April eighth, eighteen hun- dred and sixty-seven, such lands so to remain, subj act to disposition according to such judgmenl as may be rendered in said cause; and said Commission shall there- upon | >roi ■('(■(! to the allotment of the remaining lands of the tribe as aforesaid. Said Commission shall, when final judgment is rendered, allot lands to such Delawares in conformity to the terms of the judgment and their individual rights thereunder. Nothing in this act shall in any manner impair the rights of either party to said con- tract as the same may be finally determined by the court, or shall interfere with the holdings of the Delawares under their contract with the Cherokees of April eighth, eighteen hundred and sixty-seven, until their rights under said contract are deter- mined by the courts in their suit now pending against the Cherokees, and said suit shall be advanced on the dockets of said courts and determined at the earliest time practicable." The language of said section clearly shows that the allotment of Cherokee lands was not to be delayed by the suit now pending in the Court of Claims, and the rep- resentations made by Mr. Logan carry with them the certainty that if the decision of said court should be adverse to the Delawares in any particular a further request for delay in allotment would be made by the Delawares on the ground that their rights bad not yet been adjudicated by the Supreme Court, to which an appeal from the Court of Claims will lie. On the other hand, should the allotment be delayed on the request of the Dela- wares until the case has been decided by the Court of Claims, the Cherokee Nation, should the decision of said court be adverse to it, would be entitled to have the allot- ment further delayed on its request in the expectation that the decision of the Supreme Court would be in its favor. The Commission is of the opinion that the statute above quoted does not contem- plate an allotment to each Delaware of an amount of land equal to the per capita share of each Cherokee in addition to the allotment which such Delaware will receive, from the 157,600 acres to be segregated pending the determination of said suit, and that to adopt the contrary view in proceeding with the Cherokee allotment would place at a serious disadvantage innumerable Cherokees who, unlike the Delawares, have neither improved lands nor homes of their own. The 157,600 acres of land to be segregated for the Delawares are to include lands heretofore selected, occupied, and improved by them, and upon which all of said Delawares are living, as is set forth on page 10 of their petition in the suit now pend- ing in the Court of Claims, as follows: " That thereiqxm the said Delawares selected the said 157, 600 acres of land from the said Cherokee reservation east of line 96°, not theretofore selected or in possession of other parties, entered into the occupancy and possession of the same, and made extensive and valuable improvements thereon, and they, their children, descendants, heirs at law, and personal representatives have continued to occupy and possess the said lands and the said improvements, and have continued to make extensive and valuable improvements thereon and to reside thereon down to the present time." Holding to the opinion that the Commission is without authority of law to make allotments to Delawares of the land not embraced in the segregation provided for in the statute above quoted, and that the allotments to Cherokees should begin at the earliest date possible, the Commission believes, however, that upon the application of any Delaware citizen there should be reserved from allotment until the final deter- mination of the suit of the Delawares against the Cherokees only such lands not embraced in said segregation and not exceeding land equal in value to 110 acres of average allottable lands of the Cherokee Nation as contains permanent and valuable improvements owned by such Delaware citizen. Such a course would, in the opinion of the Commission, fully protect the rights of all Delawares in and to all improved lands held by them on August 7, 1902, the date of the ratification of the act of Congress approved July 1, 1902 (Public — No. 241), and would not interfere with the selection of allotments from the unimproved public domain by Cherokee citizens. Mr. Logan's letter of October 2, 1902, is herewith inclosed. Respectfully submitted. Tams Bixbv, Acting Chairman. T. B. Needles, Commissioner. C. R. Breckinridge, Commissioner. (Through the Commissioner of Indian Affairs.) ALLOTMENT OF LANDS TO DELAWARE INDIANS. 21 No. 21. Department of the Interior, Washington, Nor ember 29, 1902. Mr. Walter S. Logan, 27 William street, New York, N. Y. Sir: Referring to your letter of October 2, 1902, having relation to the suit of the Delaware Indians now pending in the Court of Claims, you are informed that the Department is in receipt of a report from the Dawes Commission, dated October 20, 1902, in the matter. A copy of said report is inclosed herewith, together with a copy of the report of the Commissioner of Indian Affairs. The Department concurs in the views expressed by the Commission, as also does the Commissioner. Respectfully, Thos. Ryan, Acting Secretary. No. 22. Department of the Interior, Washington, November 29, 1902. Commission to the Five Civilized Tribes, Muscogee, Ltd. T. Gentlemen: The Department is in receipt of your report, dated October 20, 1902, in regard to a communication from Mr. Walter S. Logan, concerning the suit of the Delaware Indians against the Cherokee Nation, now pending in the Court of Claims. The Department concurs in the views expressed by your Commission, and has advised Mr. Logan to that effect. The Commissioner of Indian Affairs also concurred. Respectfully, Thos. Ryan, Acting Secretary. No. 23. Department of the Interior, Washington, November ."■>, 1902. Commissioner of Indian Affairs. Sir: Referring to your communication of the 22d instant, there is inclosed here- with departmental letter of even date to be forwarded to the Dawes Commission, advising it of the receipt of its report in the matter of the letter of Walter S. Logan, which had reference to the suit of the Delaware Indians, now pending in the Court of Claims. Respectfully, Thos. Ryan, Acting Secretary. No. 24. Department of the Interior, Office of Indian Affairs, Washington, October 17, 1902. The Secretary of the Interior. Sir: There is inclosed herewith the monthly report of the Commission to the Five Civilized Tribes for September, 1902. Said report is dated October 9, and seems to set forth fully the duties performed by the Commission during the month. It is stated in the report that on September 25, 1902, an order was promulgated to the effect that on January 1, 1903, an office for the allotment of lands of the Chero- kee Nation would be established at Vinita, Ind. T. ; that said office would be main- tained at that point until April 30, 1903, when it would be removed to Tahlequah and opened for allotment on May 4, 1903, and maintained indefinitely. ******* It is respectfully recommended that the Commission's report be approved. Very respectfully, your obedient servant, W. A. Jones, Commissioner. 22 ALLOTMENT OF LANDS TO DELAWARE INDIANS. No. 25. Department of the [nterior, Commission to the Five Civilized Tribes, Muscogee, Tnd. T., October 9, 1902. The Secretary of the Interior. Sir: We have the honor to respectfully submit herewith the following statement of the work performed under the direction of the Commission t<> the Five Civilized Tribes during the month of September, 1902: ******* On September 25, 1902, an order was promulgated to the effect that on January 1, 1903, an office for the allotment of lands of the Cherokee Nation would be established at Vinita, Ind. T., said office to be maintained there until April 30, 1903, and then removed to Tahlequah, Ind. T., where it would be opened May 4, 1903, and main- tained indefinitely. ******* Respectfully submitted. Tams Bixby, Acting Chairman. T. B. Needles, Commissioner. C. R. Breckinridge, Commissioner. (Through the Commissioner of Indian Affairs.) No. 26. Department of the Interior, Washington, October 20, 1902. The Commission to the Five Civilized Tribes, Muscogee, Ind. T. Gentlemen: The Department is in receipt of your monthly report for the month of September, 1902, dated October 9, 1902, which was forwarded by the Commis- sioner of Indian Affairs on October 17, 1902, and recommending that the same be approved. The Department notices that in said report it is stated that there were pending before the Secretary of the Interior on September 30, 1902, five allotment contest cases. You are informed that the Department has now three allotment contest cases consolidated under the title of Nancy Taborn v. George Jones et al., and that action upon said decisions is delayed for want of report from your Commission relative to the citizenship of said Nancy Taborn which has been heretofore called for. Early action is requested thereon. The Department concurs in the recommendation of the Commissioner and said report is approved. A copy of his letter is inclosed. Respect fully, E. A. Hitchcock, Secretary. No. 27. Department of the Interior, Office of Indian Affairs, Washington, February 25, 1903. The Secretary of the Interior. Sir: I have the honor to transmit herewith a statement of the Commission to the Five Civilized Tribes, setting forth the work performed by it during the month of January, 1903. It will be noted that the Commission in this statement gives the present status of the land offices which are to be opened in the Choctaw, Chickasaw, and Cherokee nations, about which the Department has heretofore made inquiry. The Commis- sion say relative to the opening of land offices in the Choctaw and Chickasaw nations that, while final action has not been taken relative thereto, it is probable that it will be in a position to establish such offices not later than April 1, 1903, and preparation is being made accordingly. Relative to the allotment of Cherokee lands the Commission say that the Cherokee land office was established at Bonita (Vinita), Ind. T., January 1, 1903, but owing to the large number of persons who applied for tickets of admission it was deemed ALLOTMEMT OF LANDS TO DELAWARE INDIANS. 23 advisable to allow no one to make application for an allotment or designate his homestead until January 5, 1903, and that on said date the office was opened for that purpose. In connection with the above report I have the honor to state that there remain in this office unadjudicated the following citizenship cases. Very respectfully, A. C. Tonner, Acting Commissioner. No. 28. Department of the Interior, Commission to the Five Civilized Tribes Muscogee, Ind. T., February 13, 1903. The Secretary of the Interior. Sir: We have the honor to respectfully submit herewith the following statement of the work of the Commission to the Five Civilized Tribes for the month of Jan- uary, 1903: CHEROKEE ALLOTMENT DIVISION. The Cherokee and office was established at Vinita, Ind. T., January 1, 1903, but owing to the large number of persons who applied for tickets of admission it was deemed advisable to allow no one to make application for an allotment or designate his homestead until January 5. On said date the office was opened for that purpose. The total number of tickets issued during the month was 4,128. Of this number 1,029 have been called, but only 442 have answered, 587 having for some reason failed to respond. During the month of January applications for 1,298 selections of allotments and the designation of homesteads were made. Of this number, 807 were approved. The approval of 35 was withheld because the land applied for had already been allotted; 432 because the enrollment of the applicants had not been finally approved; 18 because the land applied for was embraced in the 157,600 acres of land which the Commission caused to be segregated for the Delaware Indians pending the determi- nation of the suit instituted in the Court of Claims by the Delawares against the Cherokee Nation, and 6 because the land applied for included improvements belong- ing to the Cherokee Orphan Asylum on Grand River, which had not been paid for by the allottee as provided in section 71 of the Cherokee agreement. During the month just past many difficult and perplexing problems have arisen relative to the allotment of land and the designation of homesteads, and this, in addition to the fact that the majority of the office force had little or no previous experience in land office work, necessarily measurably retarded the allotment of lands. Certain modifications in the plan of receiving applications have been decided upon which will make possible more rapid progress in the future without decreasing the efficiency of the work. ******* Respectfully submitted. Tams Bixby, Acting Chairman. T. B. Needles, Commissioner. C. R. Breckinridge, Commissioner, ( Through the Commissioner of Indian Affairs.) No. 29. Department of the Interior, Washington, Man-It 2, 1903. Commission to the Five Civilized Tribes, Muscogee, Ind. T. Gentlemen: The Department is in receipt of your monthly report, dated February 13, 1903, forwarded by the Acting Commissioner of Indian Affairs on February 25, same year, and due notice has been taken of the statements made therein. Respectfully, Tiios. Ryan, Acting Secretary. 2<4 ALLOTMENT OV LANDS TO DELAWARE INDIANS. No. 30. Department of the Interior, Office of Indian Affairs, Washington, March ./;, 1903. The Secretary of the Interior. Sir: I have the honor to forward herewith monthly report of the Commission to the Five Civilized Tribes for the month of February, 1903, the report being dated March 7, 1903. In this connection permit me to say that there are now pending in this office the following citizenship cases: Mississippi Choctaw 91 Choctaws by blood 108 Chickasaws 2 Cherokees 65 Creek 1 Very respectfully, A. C. Tonner, Acting Commissioner, No. 31. Department of the Interior, Commission to the Five Civilized Tribes, Muscogee, Ind. 71, March 17, 1903. The Secretary of the Interior. Sir: We have the honor to respectfully submit herewith the following statement of the work of the Commission to the Five Civilized Tribes for the month of Feb- ruary, 1903: ******* CHEROKEE ALLOTMENT DIVISION. One thousand three hundred and fifty-eight tickets of admission to the Cherokee land office were issued, making a total of 5,486 issued since the office was opened January 1, 1903. Approximately 2,000 have been called, but only 468 responded, making a total of 910 tickets taken up since January 1. Three hundred anil eighty-eight citizenship certificates embracing 1,046 applicants, and 168 reservation certificates, embracing 353 applicants, were issued. Applications for 1,673 allotments and homesteads were received during February. Of this number 1 ,193 were approved. The approval of 372 was withheld because the enrollment of the applicants as citizens of the Cherokee Nation had not been finally approved by the Secretary of the Interior; 51 because the land applied for had already been allotted; 38 because the land applied for was embraced in the 157,600 acres of land which the Commission caused to be segregated for the Delaware Indians, pend- ing the determination of the suit instituted in the Court of Claims, and in the Supreme Court if appealed, by the Delawares against the Cherokee Nation, and !» because the land applied for was embraced in tentative reservations heretofore made for certain towns in the Cherokee Nation. During the month there were approved by the Secretary of the Interior schedules in which were embraced the names of 206 persons whose applications for allotments had previously been received. Thereupon the applications were made regular. Twenty-two are still being held, as the land fur which the applicants apply has already been alloted to other citizens and for various other purposes. Seven hundred and fifty certificates of allotment and 500 homestead certificates have been written and await distribution. Owing to the great amount of rain in this section of the nation in the past two months the roads are quite impassable, and it is almost impossible for those persons who have to travel overland to appear at the land office and make their selection of allotments. Almost all of the applicants who have appeared to date are those who live within easy reach of the railroads leading to Vinita. But few of the fullbloods have appeared. The majority of them reside north and east of Tahlequahand it has been impossible for them to cross Grand Kiver, wdiich has been extremely high during the entire month. Had the required number of applicants appeared, it is believed that not less than 2,000 allotments would have been made during the month just ended. ******* ALLOTMENT OF LANDS TO DELAWARE INDIANS. 25 ALLOTMENT CONTEST DIVISION. The progress of the work in the allotment contest division during the month of February and the condition of contested allotment cases at the close of the month as indicated by the records of that division are shown by the following detailed statement: ******* CHEROKEE NATION. Contests instituted prior to February 1 Contests tiled during February 24 Complaints returned for correction during February 18 Contests instituted during February 6 The condition of the 6 Cherokee cases pending before the Commission on February 28 was as follows: Awaiting final determination of citizenship 1 Set for trial 5 Total 6 Respectfully submitted. Tams Bixby, Chairman. T. B. Needles, Commissioner. C. R. Bbeckinkidge, Commissioner. W. F. Stanley, Commissioner. (Through the Commissioner of Indian Affairs.) No. 32. Department of the Interior, Washington, March 30, 1903. Commission to the Five Civilized Tribes, Muscogee, Tnd. T. Gentlemen: The Department is in receipl of your monthly report, datedMarch 37, 1903, detailing the work done by your Commission during the month of February, 1903, and you are informed that the same lias been examined and is hereby approved. A copy of the report of the Acting Commissioner of Indian Affairs, in which he gives the number of citizenship cases that are pending in the Indian < >ffice, is inclosed herewith. Respectfully, Thos. Ryan, Acting Secretary. No. 33. Vinita, Ind. T., April 18, 1003. lion. E. A. Hitchcock, Secretary of the Interior, Washington, D. C. Sir: On January 1, 1903, a land office was established at Vinita, in the Cherokee Nation, and about 6,000 allotments have been partly made, as, owing to the classifi- cation and the appraisement of the lands more nearly contiguous to Vinita, it is impossible to select an entire allotment out of such lands. This 6,000 represents only about one-fourth of the number who desire to file at this place. Admittance cards have been issued to about 6,000 heads of families, representing some 24,000 allottees. Now it is the expressed intention of the Commission to move the present land office from Vinita to Tahlequah on May 1, 1903, which move will entail a great hardship on about 18,000 alii ittees who live much nearer this place and have expected to file here, and have been unable to do so owing to the fact that only 60 to 100 filings can be made per day. A -rcat number of full-bloods from the eastern portion of the nation have presented themselves at the land office, and in a great many instances the citizens of Vinita and the surrounding country have, in order to enable them to file as soon as possible, refrained from presenting themselves at the land office, so that there are hundreds of people in this vicinity who have not filed. In my opinion (and I am trying to act for the best interests of the whole Cherokee people), it will be very unjust to force these 26 ALLOTMENT OF LANDS TO DELAWARE INDIANS. citizens of the northern portion of the Cherokee Nation to go to Tahlequah, which is situated from 50 to L50 miles from their homes. By reference to the inclosed map it will be seen that Vinita is almost the geographical center of the northern portion of the Cherokee Nation, and is the center of the prairie and more populous portion. It will also appear that four-fifths of the agricultural lands of the Cherokee Nation are located nearer Vinita than to Tahlequah, with convenient railroad connection. It is a ruling of the Commission that parties selecting lands shall personally inspect the lands before filing, so that nearly all of those coming from the eastern portion of the nation to the western portion to' select their allotments would find it less expen- sive and more convenient to rile at Vinita. Certainly those who live and allot in the western and northern portions of the nation should not be compelled to go to Tahle- quah to file. If, then, these people are to be accommodated the office should not be removed at the present time. It is located in a commodious and well adapted brick building, and with ample fireproof vaults, and from personal knowledge of the people and the country as well as daily observation of the progress of the work, I am sure the office should not be moved till these people shall have had the opportunity to file at home. I recognize that the land office should be removed to Tahlequah at a later date in order that the people of the southern and eastern portion of the nation may be accommodated at home, and I respectfully ask that as soon as the work is practically completed here that this be done. On the 16th of the present month I visited the headquarters of the Commission at Muscogee in order to urge in person upon the Commission what it appears to me would be for the best interest of the Cherokee people as regards the location of the land offices. Only one member of the Commission was at Muscogee at the time, and therefore I was not able to get an expression from the Commission, but I am satisfied that the removal of the land office at the present time to Tahlequah would not be for the best interest of the Cherokee Nation, and I respectfully ask that this be not done till the people in the northern and western portions shall have had anopportu- nity to complete their filings. Very respectfully, T. M. Buffington, Principal, Chief. No. 34. Vinita, Ind. T., April 20, 1903. To Secretary of the Interior, Washington, D. C: Have this day mailed yon letter giving some of the more potent reasons for con- tinuing land office at Vinita for several months. T. M. Buffington, Principal Chief. No. 35. Department of the Interior, Washington, April 25, 1903. Hon. T. M. Buffington, Principal Chief , Cherokee Nation, Vinita, Ind. T. Sir: Receipt is hereby acknowledged of your letter of the 18th instant, requesting that the land office at Vinita be continued there until the northern and western Cherokees have an opportunity to complete their filings, and you are advised that the matter will he duly considered. Respectfully, Thos. Ryan, Acting Secretary. No. 36. Tahlequah, Ind. T., April S3, 1903. The Secretary of the Interior, Washington, l>. C. Sir: Some time last fall, before the Commission to the Five Civilized Tribes decided upon a location for the Cherokee land office, the town of Tahlequah, being the capi- tal of the Cherokee Nation, centrally located, and right in the midst of the poorer class of people of the Cherokee Nation, particularly the full bloods, and having the greatest population of Cherokee citizen inhabitants of any town in the Cherokee Nation, made an effort to yet the Commission to locate the land office at Tahlequah, Ind. T. Other towns at that time were applicants for the location of this office, and con- siderable rivalry manifested itself between the towns presenting their claims to the ALLOTMENT OF LANDS TO DELAWARE INDIANS. 27 Commission, and among them the town of Vinita asked that the office be located at that place. After much consideration by the Commission it was decided, with the consent of the representatives of the town of Tahlequah, and particularly and emphatically agreed to by the representatives of the town of Vinita, that the Cherokee land office should be opened at Vinita on January 1, 1903, and continued there until May 1, L903, when the same should be removed to the town of Tahlequah; and the notices published prior to January 1, 1903, by the Commissioners were to that effect, so that all persons had due notice of the same. The land office, in accordance with these notices, was opened at Vinita on the 1st of January, 1903, but under the notice will be removed to Tahlequah on the 1st day of May. I have understood that strong efforts are being made to induce the Secretary of the Interior to overrule the decision of the Commission to the Five Civilized Tribes and compel the Commission to retain the land office at Vinita for a longer period of time. Behind this move must be the citizens and residents of the town of Vinita, which is indeed bad faith upon their part, because they emphatically agreed with the Commission last fall that the division of time was fair, and that they would not ask for a retention of the office at their town for a longer time than May 1, 1903. Representations will no doubt be made that parties in the vicinity of Vinita have not had an opportunity to hie upon their lands, and therefore it will be a great hard- ship on these people to have the land office removed before such opportunity is given. This is not true. PAery citizen in the town of Vinita or vicinity who desired to tile upon his land has had abundant opportunity to do so. No person who presented himself for a riling number during the two months of January and February has failed to hie, who presented himself for that purpose before the Commission, and you will well know that there was no person living in the town of Vinita or the vicinity thereof who could not have gotten to the Commission and asked for a number during those two months. It is true some of those parties have not riled, but it is not because there was not an abundant opportunity. The truth of it is, that a great many people who live up in that country have not cared to hie. They are excessive land- holders, and, of course, if they make a selection of a certain tract of land before their excessive lands are disposed of, it would leave the excessive lands open to be taken by the poorer class of people, whereas if they can put their filings off a year or two it will permit them to get rents from this land during that length of time. The town of Vinita is within 30 miles of the Kansas line, and the Cherokee Nation is about 150 miles long, north and south. The town of Tahlequah is much more centrally located, it being about the center of the nation, north and south and east and west. It is about centrally located as far as the Cherokee citizens are con- cerned, also. It has a larger number of citizen inhabitants than any other town in the Cherokee Nation; it has plenty of running water through it, where the people during the spring and summer can camp and make themselves comfortable, and there is no doubt but that Tahlequah would be much more convenient for a great majority of the people of the Cherokee Nation than would Vinita. Again, at Vinita a number of contests have been instituted, which have been set for hearing at Tahlequah in May; and in fact all notices given by the Commission, of every kind and character, for anything to be done after May 1 have been set at Tahlequah, and if this removal of the Commission is canceled, all notices will have to be given anew. When the agreement was made last fall and the notice published the citizens of the town of Tahlequah were required to build a building at a cost of 810,000 for the Commission. This has been done and is now completed and ready to be occupied by the Commission. Because of the rain and bad weather during the past winter, and because the work had to be rushed to completion, the expense was far greater than it would have been had the work not been required prior to May 1, 1903. I have no hesitancy in saying that it would be a great injustice to the Cherokee people to retain the office longer at Vinita, Ind. T.. and that the great body of the people would be subserved by the order of the Commission being complied with and the Commission permitted to remove to Tahlequah at the time advertised, namely, May 1, 1003. I only write this letter because it has come to me that efforts are being made by the residents of the town of Vinita to influence Senators and Congressmen to induce the Secretary of the Interior to have the Commission rescind their order and to remain at Vinita longer than May 1, 1903. Respectfully, yours, W. W. Hastings, Attorney for tin: Cherokee Nation. 28 ALLOTMENT OF LANDS To DELAWARE INDIANS. No. 37. Department of the Interior, Commission to the Five Civilized Tribes. Muscogee, Ind. 7'., May 1, 1903. Hon. Ethan A. Hitchcock, Lindell Hotel, St. Louis, Mo. Sir: The Commission U in receipt of a telegram from Mr. W. Scott Smith, private secretary, of even date herewith, which reads as follows: "Morning papers report that you closed Vinita office last night. Secretary desires to know if this is so and what is the situation." The following reply by telegraph to Mr. Smith has been made this day: "Referring your telegram even date, Commission closed Cherokee land office, Vinita, last night, and moved same to-day to Tahlequah. Full explanation follows by mail." "Confirming said reply I have the honor to report that on < >ctober 1, 1902, the Com- mission made public announcement that the Cherokee land office would be opened at Vinita, Ind. T., on January 1, 1903, and that: "Said office will be maintained at Vinita, Ind. T., until April 30, 1903, and then removed to Tahlequah, Ind.T., where said office will be opened May 4, 1903, and maintained indefinitely." Said announcement was given wide publicity through the public press, and by mail to hundreds of prominent members of the tribe, and displayed in the post- offices, stores, and other public places throughout the Cherokee Nation. Tahlequah is situated in the heart of the districts occupied by the full-blood Chero- kees; is the only town in the nation which the majority of them are accustomed to visiting, and the only place offering suitable advantages and an adequate supply of water for their camps. No question as to the advisability of the Commission keeping this appointment, which the full-bloods have looked forward to for the last six months, occurred until within the past few days. This question was raised only by citizens of the town of Vinita. No request for the retention of the land, office at Vinita for a longer period than that advertised was received from any members of the tribe desiring to take allotments of land. On the contrary, the only expression of opinion on the subject by prospective allottees was from two hundred or more of such citizens, who peti- tioned that the appointment made by the Commission at Tahlequah be kept as originally announced. Under* date of April 27, 1903, the Acting Secretary of the Interior telegraphed the Commission as follows: "Suggest Commission, if practicable, delay removal of land office from Vinitia until arrival of Secretary at Muscogee, approximately May 7. He wishes to confer with you in regard to it." On the same date, referring to the telegram of the Acting Secretary, the following messages were telegraphed to the Department: "Telegram of this date received. All arrangements made to keep Tahlequah appointment May 1, information of which is widely disseminated. Extremely important to keep this appointment in full-blood region and to press the work at this time among them. Much better to return to western part of the nation at a later date if necessity therefor shall appear as work progresses. Any interruption now would greatly embarrass the Commission and the Government work. "Bixbv, Chairman." "I strongly concur in telegram of Chairman Bixby of this date as to importance of keeping promptly the Tahlequah appointment. Perfectly easy to return to west- ern part of nation at later date if we find it desirable to do so, as we likely shall. "C. R. Breckinridge, "Commissioner in Chargi of Cheroket Allotment" On the following date, April 28, 1903, the Acting Secretary telegraphed the chair- man of the Commission as follows: " Referring to your telegram of yesterday, Department will not interfere in Tahle- quah appointment." In conformity to the announcement of the Commission of October 1, 1902, above referred to, the land office at Vinita was closed on the evening of April 30, 1903, and the records of the office shipped to Tahlequah, Ind. T., where preparations are now being made to open said office on the morning of May 4, 1903. Respectfully, Tams Bixby, Chairman. ALLOTMENT OF LANDS TO DELAWARE INDIANS. 29 No. 38. Department of the Interior, Washington, May 6, 1903. Mr. W. W. Hastings, Attorney for Cherokee Nation, Tahlequah, Ind. T. Sir: Replying to your letter dated April 23 last, you are informed that the Department decided "not to interfere in the matter of the removal by the Commission to the Five Civilized Tribes of the land office from Vinita to Tahlequah on the 1st instant. Respectfully, Thos. Ryan, Acting Secretary. No. 39. April 18, L903. The Secretary of the Interior and Commissioner of Indian Affairs. Gentlemen: When Congress passed the act entitled "An act for the protection of the people of the Indian Territory, and for other purposes," which was approved June 28, 1898, and known as the ""Curtis Act," provision was made by section 25 thereof for the protection of the rights of the Delaware Indians in the Cherokee Nation to the effect that before any allotments of lands should be made in the Cherokee Nation there should be segregated therefrom, by the Commission to the Five Civilized Tribes, in separate allotments or otherwise, the 157,600 acres purchased by the Delawares from the Cherokees under the agreement of April 8, 1867. Fol- lowing this was a provision referring to the Court of Claims and the Supreme Court of the United States the question of the rights of the Delawares to these lands and to other allotments and their interest in the Cherokee tribal lands and funds. No action was taken by the Commission to comply with this provision of the Cur- tis Act until the passage of the act of Congress approved July 1, 1902, which was ratified by the Cherokees at a general election August 7, 1902, which act also pro- vided, in section 23 thereof, as follows: "Sec. 23. All Delaware Indians who are members of the Cherokee Nation shall take lands and share in the funds of the tribe, as their rights may be determined by the judgment of the Court of Claims or by the Supreme Court if appealed, in the suit instituted therein by the Delawares against the Cherokee Nation and now pend- ing, but if said suit be not determined before said Commission is ready to begin the allotment of lands of the tribe as herein provided the Commission shall cause to be segregated one hundred and fifty-seven thousand six hundred acres of land, includ- ng lands winch have been selected and occupied by the Delawares in conformity to the provisions of their agreement with the Cherokees dated April eighth, eighteen hundred and sixty-seven, said lands so to remain subject to disposition according to such judgment as may be rendered in said cause, and said Commission shall there- upon proceed to the allotment of the remaining lands of the tribe as aforesaid. Said Commission shall, when final judgment is rendered, allot lands to such Delawares in conformity to the terms of the judgment and their individual rights thereunder. Nothing in tins act shall in any manner impair the rights of either party to said con- tract as the same may be finally determined by the court or shall interfere with the holdings of the Delawares under their contract with the Cherokees of April eighth, eighteen hundred and sixty-seven, until their rights under said contract are deter- mined by the courts in their suit now pending against the Cherokees, and said suit shall be'advanced on the dockets of said courts and determined at the earliest time practicable." In anticipation of the allotment of the lands of the Cherokee Nation, and in con- formity with the provisions of said section 23 above quoted, the Delaware Indians, through me as their authorized attorney in fact and representative, filed, in Decem- ber, 1902, with the Commission to the Five Civilized Tribes a list of selections of land, aggregating about 157,600 acres, as and for their selections, to be segregated , as in said section provided. Certain minor errors being found in some of these descriptions, an amended and corrected list was forwarded to said Commission, at its request, in Jan- uary, 1903, which said list of selections contained the description of 157,600 acres of land, was received, accepted and placed on file by said Commission as and for the Delaware lands segregated under the authority of said act. On February 2, 1903, a decree was passed by the Court of Claims in the case of t he- Delaware Indians against the Cherokee Nation, and on March li» an appeal was filed in the Supreme Court of the United States, where said case is now pending. I desire to submit that the Commission to the Five Civilized Tribes, having exer- cised the authority vested in them by the act of July 1, 1902, above referred to, in 30 ALLOTMENT OF LANDS TO DKLAWAKK INDIANS. thi' segregation of the Delaware lands, their authority and jurisdiction over the lands thus segregated is exhausted until the final determination of the suit of the I ''-law ares against the Cherokees by the Supreme Court of the United states, and they have no further power to do any other act with reference to said lands. The act in question having provided that this segregation being made, the Commission should proceed to allot the remaining lands of the Cherokee tribe, they had no more power to receive any application for or to perform any act concerning any of the lands embraced within the Delaware selections than if these lands had been within the Osage Reservation in Oklahoma or had never been any part of the lands of the Cherokee tribe. During the last week I have been in receipt of many letters and telegrams from Delaware Indians residing in the Indian Territory and occupying parts of the segre- gated lands above mentioned, who have received notification from the Commission that certain Cherokees have made tilings upon lands occupied by said Delawares and within the segregated lands herein referred to, and notifying such Delawares to appear and file contests. This action, which seems to indicate that the Commission does not intend to treat the segregated lands as withdrawn from selection by Cherokees, would, if carried out, effect a nullification of the act of Congress referred to and deprive the Delawares of all the protection for which Congress inserted the clause above referred to in the act of July 1, 1902. If such action could be sustained as to one or several selections it could be sustained as to all; and there would be no segregated land. This would deprive the Delawares of their property rights, for they can not take their allotments at this time and will not be allowed to do so until the case now pending in the Supreme Court of the United States shall have been finally determined, which, as I am informed by the clerk of that court, will probably not be for a year or more. The Delaware Indians, acting under the advice of the Department of the Interior and the Indian agent, Leo E. Bennett, some years ago spent almost all their tribal funds, which amounted to about $1,000,000, in the improvement of their homes in the Cherokee Nation, embraced in the segregation referred to. They have always been loyal to the United States, have been law-abiding and peaceful in the Cherokee Nation, and' now deserve the protection of the Government to the fullest extent, and it was the intention of Congress to extend this protection and make it fully effective. But if the law is to be interpreted as seems now to be the purpose of the Commission, it will become inoperative and valueless and might as well never have been enacted. In view of this situation I desire to appeal to you to take such action in this matter as you maj 7 deem expedient and necessary to protect the rights of my people and give due force and vitality to the act of Congress which provided for the segregation of these lands, in order that they might remain undisturbed till the final issue of the Delaware-Cherokee suit. Very respectfully, Richard C. Adams. No. 40. Department of the Interior, Office of Indtan Affairs, Washington, April 28, 1903. The Secretary of the Interior. Sir: Referring to the office report of November 22, 1902, to Department letter of November 25, 1902, to office report of March 27, 1903, and to Department letter of March 30, 1903, there is inclosed herewith a communication from Mr. Richard C. Adams, dated April IS, 1903, relative to the segregation of Delaware lands in the Cherokee Nation, Ind. T., in accordance with the provisions of the Cherokee agreement. Mr. Adams invites attention to the provision of section 25 of the Curtis Act, which authorized the Delawares residing in the Cherokee Nation to bring suit in the Court of Claims against the Cherokee Nation for the purpose of determining the rights of the Delawares in and to the lands and funds of said nation, under the Cherokee- Delaware agreement of April 8, 1867, and declares that "before any allotment shall be made from said lands in the Cherokee Nation there shall be segregated therefrom by the Commission heretofore mentioned, in separate allotments, or otherwise, the 157,600 acres purchased by the Delaware tribe of Indians from the Cherokee Nation" under the agreement of April 8, 1867. He states that no action was taken by the Commission to the Five Civilized Tril les, as required by the provisions of section 25 of the Curtis Act, until after the ratifica- tion of the agreement, and invites attention to section 23 of said agreement, which is as follows: ALLOTMENT OF LANDS TO DELAWARE INDIANS. 31 "Sec. 23. All Delaware Indians who are members of the Cherokee Nation shall take lands and share in the funds of the tribe, as their rights may be determined by the judgment of the Court of Claims, or by the Supreme Court if appealed, in the suit instituted therein by the Delaware* against the Cherokee Nation, and now pending; but if said suit be not determiired before said Commission is ready to begin the allot- ment of lands of the tribe as herein provided, the Commission shall cause to be seg- regated one hundred and fifty-seven thousand six hundred acres of land, including lands which have been selected and occupied by Delawares in conformity to the pro- visions of their agreement with the Cherokees dated April eighth, eighteen hundred and sixty-seven, such lands so to remain, subject to disposition according to such judg- ment as may be rendered in said cause; and said Commission shall thereupon proceed to the allotment of the remaining lands of the tribe as aforesaid. Said Commission shall, when final judgment is rendered, allot lands to such Delawares in conformity to the terms of the judgment and their individual rights thereunder. Nothing in this act shall in any manner impair the rights of either party to said contract as the same may be finally determined by the court, or shall interfere with the holdings of the Delawares, under their contract with the Cherokees of April eighth, eighteen hundred and sixty-seven, until their rights under said contract are determined by the courts in their suit now {lending against the Cherokees, and said suit shall be advanced on the dockets of said courts and determined at the earliest time practicable." He states that in anticipation of the allotment of the lands of the Cherokee Nation in conformity with the provisions of section 23, the Delaware Indians through him, as their authorized attorney in fact and representative, tiled with the Commission in December last a list of selections of land, aggregating about 157,600 acres as Delaware selection to be segregated in accordance with section 23 of the agreement; that cer- tain minor errors were found in some of the descriptions; that a corrected list was forwarded to the Commission at its request in January, 1903, which said list contained the descriptions of 157,600 acres of land, and "was received, accepted, and placed on file by said Commission, as and for the Delaware lands segregated under the authority of said act." He further states that on February 2 last a decree was entered by the Court of Claims in the case of the Delawares v. The Cherokees; that on March 19, 1903, an appeal was taken to the Supreme Court from the decision of the Court of Claims, and that said case is now pending in the Supreme Court of the United States; and he takes the position that the Commission to the Five Civilized Tribes, having exercised the authority vested in it by the Cherokee agreement in segregating the Delaware lands, has no authority or jurisdiction over the lands so segregated until final deter- mination of the suit of the Delawares v. The Cherokees by the Supreme ( !ourt of the United States, and that it has "no further power to do any other act with reference to said lands." He then states that the agreement provides that after said segregation shall have been made the Commission shall proceed to allot the remaining lands of the Chero- kee tribe, and he concludes that the Commission has "no more power to receive any application for or to perform any act concerning any of the lands embraced within the Delaware selections than if these lands had been within the Osage Reservation, in ( Oklahoma, or had never been any part of the lands of the Cherokee tribe." Mr. Adams states that recently he has received many letters and telegrams from Delaware Indians residing in the Indian Territory and occupying parts of the segre- gated lands, stating that they have been notified by the Commission to the Five Civilized Tribes that certain Cherokees have filed upon the lands occupied by the Delawares referred to, which lands are "within the segregated lands herein referred to, and notifying such Delawares to appear and file contests;" that this action seems to indicate that the Commission does not intend to treat the segregated lands as with- drawn from selection by the Cherokees; that if such action is carried out it will, in effect, nullify section 23 of the Cherokee agreement and deprive the Delawares of the protection which Congress intended to guarantee them by the provisions of said section; that if said action should be sustained as to one or several selections it could be sustained as to all, and there would therefore be no segregated lands; that such action would deprive the Delawares of their property rights, for the reason that they can not take their allotments at this time, and will not be allowed to do so until the case pending before the Supreme Court shall have been finally determined, and that he has been informed by the clerk of the Supreme Court that the case will probably not be disposed of for a year or more. Mr. Adams then states that the Delaware Indians, acting under the advice of the Department, and the theji Indian agent, Mr. Leo E. Bennett, spent almost all their tribal funds, which amounted to about $1,000,000, in the improvement of their homes in the Cherokee Nation embraced in the segregation referred to by him; that they 32 ALLOTMENT OF LANDS TO DELAWARE INDIANS. have been Loyal to the United States; have been law-abiding and peaceful in the Oherokee Nation; that they deserve the protection of the Government to the fullest extent; that it was the intention of Congress to extend this protection and make it fullv effective; thai if the law is interpreted as it seems to have been interpreted by the Commission it will become inoperative, and he. appeals to the Department to take such action in the premises as may be expedient and necessary to protect the interests of the Delaware people, and give due force and validity to section 23 of the agreement. The Commission in its report of < >ctober 20 last, relative to the request of Mr. Wal- ter S. Logan, attorney for the Delawares in their suit against the Cherokees, gave it as its opinion that the law does not contemplate that each Delaware shall have an allotment of land equal to the per capita shareof each Cherokee, "in addition to the allotment each such Delaware shall receive from the 157,600 acres to he segregated pending the determination of said suit, and that to adopt the contrary view in pro- ceeding with the Cherokee allotment would place at a serious disadvantage innu- merable Cherokees, who, unlike the Delawares, have neither improved lands nor homes of their own." It was stated by the Commission that the lands to be segregated for the Delawares should include that "occupied and improved by them, and upon which they are now living." In said report the Commission held that it had no authority under the law- to make allotments for Delawares of land not embraced in the segregation required by the agreement; that the allotments to the Cherokees should begin at the earliest possible date; that upon the application of any Delaware citizen there should be reserved from allotment until the determination of the Delaware-Cherokee suit such lands not embraced in the segregation, and not exceeding an amount equal to 110 acres of the average allotable land of the Cherokee Nation, "as contain permanent and valuable improvements owned by such Delaware citizen." The Office concurred in the views expressed by the Commission, and recommended the approval of the Commission's report. November 29, 1902, the Department concurred in the views expressed by the Com- mission and this Office, and so advised Mr. Logan. In the Commission's report of March 17, 1903, relative to the work performed dur- ing the month of February, 1903, which was transmitted with office report of March 27 last, it is stated, under the heading "Cherokee allotment division" (see p. 21 ), that "application for 1,673 allotments and homesteads were received during February. * * * The approval of 372 was withheld because the enrollment of the applicants as citizens of the Cherokee Nation had not been finally approved by the Secretary of the Interior, * * * 38 because the land applied for was embraced in the 157,600 acres of land which the Commission caused to be segregated for the Delaware Indians pending the determination of the suit instituted in the Court of Claims, and in the Supreme Court if appealed, by the Delawares against the Cherokee Nation." From said monthly report it would appear, as stated by Mr. Adams in his com- munication, that the 'Commission to the Five Civilized Tribes has, in accordance with the provisions of section 23 of the Cherokee agreement, segregated the 157,600 acres hereinbefore mentioned. The Commission's report of March 17, 1903, was approved by the Department on March 31 last. If the Commission had theretofore segregated said land — and from the correspondence it seems it had — the Department's approval of said report is, in effect, the approval of said segregation. Section 23 of the Cherokee agreement specifically declares that the 157,600 acres purchased by the Delawares from the Cherokees shall be segregated from allotment if the suit hereinbefore mentioned has not been determined when the Commission shall be ready to commence making allotments in the Cherokee Nation, "so to remain subject to disposition according to such judgment as may be rendered in said case." (Italics mine.) Section 6 of the Cherokee agreement declares that the word "select" and its various modifications shall be held to mean "the formal application at the land office to be established by the Dawes Commission for the Cherokee Nation for par- ticular tracts of land." When the Commission was ready to commence the allotment of the Cherokee lands, inasmuch as the Delaware-Cherokee suit had not been finally determined, it became its duty to segregate the land claimed by the Delawares. This duty was obligatory and not discretionary. The records show that the Commission did segre- gate said land, and the lands so segregated are not susceptible of allotment at this time, and will not be, under the law as it exists, until the pending suit shall have been finallv decided. ALLOTMENT OF LANDS TO DELAWARE INDIANS. 33 The Office does not believe that the Commission has any authority to allot any of the lands segregated during the pendency of said suit to Cherokee citizens, whether of Delaware blood or otherwise. If any citizen of the Cherokee Nation applies to the Commission for an allotment of any of the lands segregated, his application, the Office believes, should be rejected. The land is not susceptible of allotment, and if the Commission were to receive and file an application, and even mark it "rejected," it is possible that it would complicate matters, on account of the provisions of section 6 of the agreement, although it would seem that under the law no action of the Com- mission, or of any citizen of the nation, can in any way affect the segregated land until the determination of the Delaware-Cherokee suit. Cherokee citizens have the right to select any lands susceptible of allotment not segregated or in the possession of some citizen of the nation as his pro rata share of Cherokee lands. If the Com- mission permits Cherokee citizens to select any part of the segregated land and issues allotment certificates therefor, or even if it accepts the application, such action is almost sure to complicate matters, especially if the suit is finally determined in favor of the Delawares. Furthermore, it would seem from the law that the Commission has no jurisdiction at this time of the segregated lands, so far as allotting them is concerned, and will have no jurisdiction in that capacity, as the law exists, until the suit shall have been finally determined. Ordinarily a matter of this sort should first be referred to the Commission for con- sideration and report, but inasmuch as Mr. Adams states positively that the Commission has permitted Cherokee citizens to select Delaware segregated lands the Office has deemed it proper to express its views, and it is suggested that the matter be brought to the attention of the Commission, with direction not to con- tinue to allow Cherokee citizens to select any of said lands, if it has in fact done so, until such time as it shall have been fully instructed in the premises by the Department. It is respectfully recommended that the Commission be directed as herein suggested, and that the whole matter be referred to the Commission for early report. Very respectfully, A. C. Tonner, Acting Commissioner. No. 41. Department op the Interior, Office of Indian Affairs, Washington, April SO, 1903. The Secretary of the Interior. Sir: Referring to Office report of April 28, 1903, relative to the Cherokee lands segregated by the Commission to the Five Civilized Tribes, in accordance with the provisions of section 23 of the Cherokee agreement, there is inclosed herewith a report from the Commission, dated April 20, 1903, pertaining to the same subject. In said report the Commission quotes section 23 of the agreement; quote from the Commission's report of October 20, 1902, as follows: "The 157,600 acres of land to be segregated for the Delawares are to include lands Heretofore selected, occupied, and improved by them, and upon which all of said Delawares are living, as is set forth on page 10 of their petition in the suit now pend- ing in the Court of Claims, as follows: " 'That thereupon the said Dehvwares selected the said 157,600 acres of land from the said Cherokee Reservation east of line 96, not theretofore selected or in posses- sion of other parties, entered into the occupancy and possession of the same and made extensive and valuable improvements thereon, and they, their children, descendants, heirs-at-law, and personal representatives have continued to occupy and possess the said lands and the said improvements, and have continued to make extensive and valuable improvements thereon, and to reside thereon down to the present time.' " * * * And from Department letter of November 29, 1902, in which the Commission was advised that — "The Department is in receipt of your report, dated October 20, 1902, in regard to a communication from Mr. Walter S. Logan, concerning the suit of the Delaware Indians against the Cherokee Nation, now pending in the Court of Claims. "The Department concurs in the views expressed by your Commission, and has advised Mr. Logan to that effect. The Commissioner of Indian Affairs also concurred." It is then stated that on December 16, 1902, there was filed with the Commission an amended schedule of lands selected by the Delawares in the Cherokee Nation; S. Doc. 104 3 34 ALLOTMENT OF LANDS TO DELAWARE INDIANS. thai this schedule embodied the stipulation of counsel for the Delawares and Chero- kees, which, omitting the title, is as follows: " In pursuance of leave reserved and granted by the court upon the final hearing of this ease, it is hereby stipulated and agreed that the record herein be amended by substituting in the place of the incorred descriptions given in the record herein of the 157,600 acres selected and claimed by the Delawares, the annexed descriptions, which, upon careful examination, havebeen found correct. "And it is further stipulated and agreed that the court may. in its decision and final judgment herein, use the annexed correct descriptions in the place of the incor- rect descriptions contained in said record: Provided, however, Such substituted descriptions do not interfere with the lawful rights or claims of other Cherokee citizens. "Walter S. Logan, Attorney for Petitioners. "William T. Hutchings, Attorney for Respondent. "Washington, D. C, December 10, 1.903." The report shows that on December 17, 1902, the Commission adopted the follow- ing resolution: "Be it resolved by the Commission, That the acting chairman cause to be set aside and segregated 157,600 acres of land in the Cherokee Nation, in accordance with the provisions of section 23 of the act of Congress approved July 1, 1902( Public — No. 241), subject to disposition according to such judgment as may be rendered in the case of the Delaware Indians v. the Cherokee Nation, now pending in the United States Court of Claims and as shown by the description of said land in the stipulation of counsel for parties in said case, dated at Washington, D. C, December 10, 1902." The Commission states that in proceeding to carry the resolutii >n into effect, numer- ous errors and discrepancies were discovered in the schedule; that on January •">, 1903, the attention of Walter S. Logan and William T. Hutchings, counsel for the petitioners and respondent, respectively, was called to said errors and discrepancies. A copy of the Commission's communication of the date last mentioned is among the papers and is marked "Exhibit A." The report shows that on January 2:!, 1903, Mr. Richard C. Adams, who claims to represent the Delaware Indians, furnished the Commission with a copy of a "second amended schedule of lands selected by the Delawares in the Cherokee Nation, as per stipulation of counsel," which contains an additional stipulation by counsel, as follows: "We a^ree to the corrections herein in ink on pages 2, 4, 9, 12, 14, 42, 46, "d, 54, 63, 72, 73, and 74, being two corrections on pages !», 42, 46, 63, and one on each of the other pages, subject to the above proviso." The Commission states that the "above proviso" in the additional stipulation refers to the following: "Provided, however, such substituted descriptions do not interfere with the lawful rights or claims of other Cherokee citizens" contained in the first stipulation. A copy of Mr. Adams's letter of January 15, 1903, transmitting the second amended schedule, is among the papers and is marked "Exhibit II." The Commission states that a comparison of the errors and discrepancies reported to the counsel for the Delawares and-Cherokees, respectively, by the Commission, with the corrections made in the second amended schedule, shows that the dis- crepancies which counsel failed to correct pertain to lands reported by the Indian inspector for the Indian Territory, to have been reserved by the Department for town-site purposes; that the Commission advised the attorneys for the contending parties that the schedule of Delaware lands "embraced 12.34 acres within the limits of the town site of Bartlesville, 12.50 acres within the limits of the town site of Lenepah, and 17.88 acres within the limits of the town site of Sallisaw," and that Mr. Adams, in his letter of January 15 last, states that — "On page 14 we take exception to the town of Bartlesville intruding on Delaware lands. * * * On page 54, which you claim that part of the selection belongs to the town of Lenapah, we do not concede this for the same reason as above — that is. we had made the selections before the town was surveyed; * * * and on pages 7:; and 74 we contend that our rights to this land are older and better than the rights of the town of Salisaw." It is then stated that since the opening of the Cherokee allotment office at Vinita, on January 1 last, a number of Cherokee citizens have made applications for allot- ments of lands embraced wholly or in part in the segregation made for the Dela- wares; that such citizens in many instances claim to have been in possession of the lands applied for for years, and to own valuable improvements on the same, and that no Delaware citizen has ever occupied such lands or owned any improvements thereon; that action on this class of applications has been deferred, pending the ALLOTMENT OF LANDS TO DELAWARE INDIANS. 35 determination of the Delaware-Cherokee suit, and attention is invited to Mr. Adams's communication of April 7, 1903, a copy of which is among the papers, and marked "Exhibit C," wherein he states — "My understanding is that the 157,600 acres of land is segregated, and that no Cherokee will be allowed to file on this land or to receive allotment out of it until the Supreme Court has finally passed upon the rights of the Delaware Indians." A copy of a letter from Mr. Adams to the same effect, dated April 10, 1903, is among the papers, and marked "Exhibit D." The Commission states that from Mr. Adams's communication it "appears that, notwithstanding the proviso in the stipulation of counsel that the substituted descrip- tions are not to interfere with the lawful rights or claims of other Cherokee citizens, the Delawares, through Mr. Adams, take the position that if the decision of the Supreme Court is favorable to them the specific 157,600 acres described in the record of the case will vest absolutely in the Delawares, notwithstanding any claims which other Cherokee citizens may make to portions of the same lands;" that in addition to the contention of the Delawares for the lands embraced within the limits of the town sites mentioned, and for lands claimed "and in the possession of other Cherokee citizens," a serious situation with reference to the Delaware segregation has devel- oped in the work of allotment; that not a few Delaware citizens have presented them- selves at the land office and asked to be allowed to make final selection of lands containing their improvements and upon which they reside, claiming that no portion of the lands occupied by them is included in the segregation; that the Commission has been informally advised "of cases of numerous other Delaware citizens whose improved lands are not included within said segregation, and the statement has been frequently made that the representatives of the Delaware Indians, or their business committee, refused to schedule for segregation the lands of any Delaware citizen who failed to pay a pro rata share of the fee which said representatives or committee demanded;" that the extent of the condition of affairs last mentioned is indicated by the correspondence had with Mr. William Nairn, copies of which are among the papers marked "Exhibit E;" that it is evident that while lands occupied by Dela- ware citizens have not been included in the schedule of lands made a part of the record in the suit commenced by the Delawares, "an amount of the public domain of the Cherokee Nation sufficient to bring the total segregation up to 157,600 acres has been included," and the Commission forwarded copies of the correspondence of the clerk in charge of the Cherokee land office at Vinita, which copies are marked "Exhibits F and G," and show that since the segregation of the lands for the Dela- wares "by this Commission on December 17, 1902," the Department has fixed the exterior limits of the town sites of North Tulsa and Lawton, in the Cherokee Nation, which embrace 20 and 25 acres, respectively, of the amount theretofore included in the Delaware segregation; that under the circumstances the Commission believes that the land embraced in the original schedule, and in the first and. second amended schedules, made a part of the record in the Delaware case, have not been selected with due regard for the interests of either the Delaware citizens generally or other citizens of the Cherokee Nation, and without any intention of conforming to the laws pertaining to the establishment of town sites. The Commission inclosed witli its report a copy of a communication addressed to Hon. M. S. Quay, United States Senator from Pennsylvania, by Mr. Adams, on April 10, 1903, which was referred to the Commission by Senator Quay. Said copy is marked "Exhibit H." Mr. Adams's communication of April 10, 1903, to Senator Quay is almost identical with his letter of April 18, 1903, which was forwarded to the Department with office report of April 28, 1903. In this communication he takes the position that the Commission is without jurisdiction to receive applications of Cherokee citizens for lands embraced within the Delaware segregation, and the Com- mission states that this position is taken "notwithstanding the proviso of counsel in the stipulation hereinbefore set forth providing for the protection of the property rights of other Cherokee citizens." The Commission believes that steps should be taken by the Department to guard against the possibility of the Supreme Court, in rendering judgment in said case, adopting the schedule "as the definite and specific tracts of land to which the Dela- wares are entitled under their claim," and requests that the Department issue such instructions as may be deemed proper in the premises. From the papers before this Office it appears that the Commission has segregated lands for the Delawares, if any segregation has been made, in accordance with sched- ules furnished it by Mr. Adams. December 17, 1902, the Commission adopted a resolution authorizing and empower- ing the then acting chairman to segregate the Delaware lands as required by the Cherokee agreement. 36 ALLOTMENT OK LANDS TO DELAWARE INDIANS. The Commission stated in its report of March 17, 1903, relative to the Commission's work during the month of February, that the lands had been segregated, and it appears that the Commission considers that the lands were segregated as of date December 17, 1902, the day the resolution was adopted, although the Commission's, report shows that it accepted the second-amended schedule from Mr. Adams < in January 23, 1903. There is nothing in the papers which shows that the Commission or t lie present chairman of the Commission, in accordance with the resolution of December 17 last segregated the lands referred to, except the Commission's com- munication of January 5, 1903, addressed to Walter S. Logan and William T. 1 Ditch- ings, a copy of which is among the papers. In that communication it is stated that "the Commission has segregated and reserved from allotment, subject to disposition according to such judgment as maybe rendered in said cause, 157,541.74 acres of land in the Cherokee Nation, the same being the land described in said stipulation, less 00 acres" accounted for as indicated in the Commission's communication. The Commission's report and other papers do not show that the chairman of the Commission actually segregated the land in accordance with said resolution, and that his action was approved by the Commission. It seems that the Commission did not investigate the matter and ascertain whether the lands it segregated or proposed to segregate were "lands which have been selected and occupied by Delawares in conformity to the provisions of their agreement with the Cherokees" of April 8, 1867, but that it simply took the schedule or schedules furnished it by Mr. Adams, and that the segregation was made, if any has been made, in accordance with such schedule or schedules, without investigation as to whether the lands described therein were susceptible of segregation in accordance with the provisions of law. It seems to this Office that the Commission should have first segregated all lands "which have been selected and occupied by Delawares," and if the total amount segregated did not aggregate the required amount, then segregate from the public domain lands sufficient to make 157,600 acres. If the Delaware Indians had "selected and occupied" more than 157,600 acres the aggregate amount of the lands selected and occupied by them should have been reduced, so that the total would not exceed 157,600 acres. This segregation, the Office believes, should have been made by the Commission from its own records and proper investigation, and not from the schedule or schedules furnished it by Mr. Adams or anyone else representing the Delawares. The schedule or schedules fur- nished by Mr. Adams could have been used by the Commission in connection with the making of the segregation, but the Commission should not have simply segre- gated the lands which he requested be segregated without proper investigation. From the Commission's report it appears that the Commission segregated the lands that Mr. Adams requested be segregated, and it seems, and, in fact, the Commission states, that the lands purported to have been segregated do not include all of the lands "selected and occupied by Delawares." The records of this office do not show that the Deparment has been furnished with the legal description of the lands alleged to have been segregated by the Com- mission. It seems to the office that the Commission should, as soon as the lands were segregated, have furnished the Department with a list of the segregated lands. With reference to the town sites the records of this office show that the establish- ment of the exterior limits of Bartlesville was approved March 13, 1902; that the establishment of the exterior limits of Lenepah was approved March 5, 1902; and that the establishment of the exterior limits of Sallisaw was approved May 15, 1902. At the time that the establishment of the exterior limits of the towns above men- tioned was approved by the Department the Delaware lands had not been segre- gated, and the office believes that, under the provisions of the Cherokee agreement, lands not specifically segregated for any particular purpose were susceptible of being set aside for town-site purposes. It therefore believes that Mr. Adams's contention relative to the Department's not having authority to segregate the lands referred to by him, for town-site purposes, is untenable. August 15, 1902, the Department authorized the Inspector for the Indian Territorv to properly establish the exterior limits of the town of Lawton. This was prior to the purported segregation of Delaware lands on December 17 last, and the remarks relative to Bartlesville and the other towns above mentioned are applicable to Lawton. The establishment of the exterior limits of North Tulsa was approved by the Department January 21, 1903, which was subsequent to the alleged segregation of Delaware lands. If the Delaware lands have been segregated, as the Commission holds, it is doubtful whether any of the lands should have been included within the limits of the town, as it seems that it was the intention of Congress that the segre- gated lands be not in any way disturbed after segregation until the Delaware-Cherokee suit shall have been finally determined. The Commission seems to be of the opin- ALLOTMENT OF LANDS TO DELAWARE INDIANS. 37 on that on account of the stipulation signed by the attorneys for the parties to the litigation, which is, in part, as follows: "Provided, however, Such substituted descriptions do not interfere with the lawful rights or claims of other Cherokee citizens," its jurisdiction to allot to Cherokees, or at least to receive and file application for allotment, covers segregated lands. The Commission's report of March 17, 1903, relative to the work performed by it during the month of February, 1903, shows that 38 applications for allotments were not approved "because the land applied for was embraced in the 157,600 acres of land which the Commission caused to be segregated for the Delaware Indians," and its report of April 16, 1903, relative to the work performed by it during the month of March, 1903, which has this day been transmitted, shows that 57 applications for allotments have not been approved for the same reason. This Office does not under- stand that the Commission has any jurisdiction of the segregated lands after the seg- regation shall have been made until such time as the court shall have finally decided the case. The law specifically declares that the lands shall be segregated, and that when segregated "such lands so to remain" until the final determination of the cause, and requires the Commission to allot "the remaining lands of the tribe as aforesaid." The fact that the attorneys for the contending parties have signed a stipulation agreeing that the lands segregated shall not "interfere with the lawful rights or claims of other Cherokee citizens" does not in any manner whatsoever nullify or modify the law. The law is directory, and the Commission has no discretionary power in the premises. If the 157,600 acres have been segregated, the Office does not believe that the Commission should, until after the determination of the suit, permit any citizen of the nation to even file an application selecting any of the segregated lands as his allotment. If an error has been made by the Commission in segregating lands lawfully in the possession of Cherokee citizens not of Delaware blood, the error should be corrected, and after this has been done, Cherokee citizens, whether of Delaware blood or other- wise, should not be permitted to file an application covering any of the segregated lands pending the determination of the case. It is thought that during said time the Commission should not even receive and file applications covering segregated lands. Applicants should, the Office believes, be advised that the Commission is without jurisdiction to allot or to receive an application covering any of such lands during the pendency of the suit. The Commission's reports for the months of February and March show that it has received 95 applications covering lands alleged to have been segregated in accordance with section 23 of the agreement. To continue such applications will only he the means of complicating matters and fostering contests. The Commission seems to be of the opinion that the Supreme Court of the United States may, in deciding the Delaware suit, approve a certain schedule which seems to be a part of the record in the case, and expresses the opinion that steps should be taken to prevent such action by the court. The Office does not understand that the court has authority to approve such schedule. The province of the court seems to be to decide the questions involved and to determine what interests the Delaware citizens have in the Cherokee lands, and it is the duty of the Commission, and not of the court, to segregate the 157,600 acres. However, it is believed that the Com- mission should furnish the Department with legal descriptions of the tracts segre- gated, if such segregation has been made, for its information and for such action, with reference to bringing the matter to the attention of the court, as the Department may consider proper. If the Department shall hold that the Commission has segregated the 157,800 acres of land it is suggested that the Commission be advised in accordance herewith; but if the Department shall hold that the land has not been segregated it is thought that the Commission should be instructed to immediately segregate from allotment, "so to remain" until the final determination of the cause, 157,600 acres of land, the same to include "lands which have been selected and occupied by Delawares in conformity with the agreement of April 8, 1867." As above stated, the Office believes that the Department had full power and author- ity to segregate any Cherokee lands for town-site purposes, regardless of whether occupied by Delaware citizens or any other citizen of the Cherokee Nation prior to the alleged Delaware segregation of December 17 last; and as part of the Delaware segregation is included within the limits of town sites, it is thought that the Com- mission should be instructed to segregate from the public domain or lands in pos- session of Delaware citizens, if all of such lands have not been segregated, additional lands in an amount equal to the Delaware segregation included within the limits of the town sites above mentioned, except North Tulsa. 88 ALLOTMENT OF LANDS TO DKLAVVAKE INDIANS. If the Delaware lands were segregated on December 17, L902, and were not after that date susceptible of allotment during the pendency of the suit, or subject to being reserved for town-site purposes after the segregation, it would seem that the Depart- ment's action in setting aside 20 acres of the Delaware segregation for town-site pur- poses in the town of North Tulsa should be reconsidered, and that the 20 acres mentioned should not be included within the limits of the town site. The records of this Office and the Commission's report do not show that the inspector for the Indian Territory had been advised of the alleged segregation of Delaware lands. If he had been so advised, it is not probable that he would have recommended that 20 acres of such lands he included within the limits of the town of North Tulsa, at least without bringing the matter to the attention of the Department. Very respectfully, A. C. Tonxer, Acting Commissioner. No. 42. Muscogee, Ind. T., April 20, 1903. The Secretary of the Interior. Sir: Report is hereby respectfully made of the action of the Commission in segre- gating 157,600 acres of land under section 28 of the act of July 1, 1902 (32 Stat. L., 716), pending the determination of the suit of the Delaware Indians v. The Cherokee Nation, and submitting matters relating thereto for the consideration of the Depart- ment. Said section 23 is as follows: "All Delaware Indians who are members of the Cherokee Nation shall take lands and share in the funds of the tribe, as their rights may be determined by the judg- ment of the Court of Claims, or by the Supreme Court if appealed, in the suit insti- tuted therein by the Delawares against the Cherokee Nation and now pending; but if said suit be not determined before said ( iommission is ready to begin the allotment of lands of the tribe as herein provided, the Commission shall cause to be segregated one hundred and fifty-seven thousand six hundred acres of land, including lands which have been selected and occupied by Delawares in conformity to the provisions of their agreement with the Cherokees dated April eighth, eighteen hundred and sixty-seven, such lands to remain subject to disposition according to such judgment as may be rendered in said cause: and said Commission shall thereupon proceed to the allotment of the remaining lands of the tribe as aforesaid. Said Commission shall, when final judgment is rendered, allot lands to such Delawares in conformity to the terms of the judgment and their individual rights thereunder. Nothing in this act shall in any manner impair the rights of either party to said contract as the same may be finally determined by the court, or shall interfere with the holdings of the Delawares under their contract with the Cherokees of April eighth, eighteen hundred and sixty-seven, until their rights under said contract are determined by the courts in their suit now pending against the Cherokees, and said suit shall be advanced on the dockets of said courts and determined at the earliest time practicable." In its communication of October 20, 1902, reporting on a letter from Mr. Walter S. Logan, referred to it by the Department, the Commission among other things stated: " The 157,600 acres of land to be segregated for the Delawares are to include lands heretofore selected, occupied, and improved by them and upon which all of said Delawares are living, as is set forth on page 10 of their petition in the suit now ] lending in the Court of Claims, as follows: " ' That thereupon the said Delawares selected the said 157,600 acres of land from the said Cherokee Reservation east of line 96°, not theretofore selected or in posses- sion of other parties, entered into the occupancy and possession of the same, and made extensive and valuable improvements thereon, and they, their children, descendants, heirs at law, and personal representatives have continued to occupy and possess the said lands and the said improvements and have continued to make exten- sive and valuable improvements thereon and to reside thereon down to the present time * * * .'" Under date of November 29, 1902, the Department advised the Commission as follows: "The Department is in receipt of your report dated October 20, 1902, in regard to a communication from Mr. Walter S. Logan, concerning the suit of the Delaware Indians against the Cherokee Nation, now pending in the Court of Claims. The Department concurs in the views expressed by your Commission, and has advised Mr. Logan to that effect. The Commissioner of Indian Affairs also concurred." On December 16, 1902, there was tiled with the Commission, an amended schedule ALLOTMENT OF LANDS TO DELAWARE INDIANS. 39 of lands selected by the Delawares in the Cherokee Nation, said schedule being embodied in the stipulation of counsel, the preamble of which, after omitting the title, is as follows: "In pursuance of leave reserved and granted by the court upon the final hearing of this case, it is hereby stipulated and agreed that the record herein be amended by substituting in the place of the incorrect descriptions given in the record herein of the 157,600 acres selected and claimed by the Delawares, the annexed descriptions which, upon careful examination, have been found correct. "And it is further stipulated and agreed that the court may, in its decision and final judgment herein, use the annexed correct descriptions in the place of the incor- rect descriptions contained in said record: Prodded, however, Such substituted descriptions do not interfere with the lawful rights or claims of other Cherokee citizens. "Walter S. Logan, ' 'Attorney for Petitioners. "William T. Hutchings, "Attorney for Respond' nt. "Washington, D. C, December 10, 1903." On December 17, 1902, the Commission adopted the following resolution: "Be it resolved, by tin Commission, That the acting chairman cause to be set aside and segregated 1 57,(100 acres of land in the Cherokee Nation, in accordance with the provisions of section 23 of the act of Congress approved July 1, 1902 (Public— No. 241), subject to disposition according to such judgment as may be rendered in the case of The Delaware Indians v. The Cherokee Nation now pending in the United States Court of Claims and as shown by the description of said land in the stipulation of counsel for parties in said case, dated at Washington, D. C, December 10, 1902." In proceeding to carry said resolution into effect the Commission discovered numer- ous errors and discrepancies from the schedules submitted, which by letter dated January 5, 1003, were called to the attention of Walter S. Logan and William T. Hutchings, counsel for petitioners and respondent, respectively, a copy of said letter being attached hereto and marked "Exhibit A." On January 23, 1903, the Commission received from Richard 0. Adams, claiming to represent the Delaware Indians at Washington, a certified copy of a "second amended schedule of lands selected by the Delawares in the Cherokee Nation as per stipulation of counsel," which contains the additional stipulation by counsel, as follows: " We agree to the corrections herein in ink on pages 2, 4, 9, 12, 14, 42, 46, 51, 54, 63, 72. 7.">. 74, being two corrections on pages 9, 42, 40, 63, and one on each of the other pages, subject to the above proviso." The "above proviso" referred to in the additional stipulation just quoted refers to the following in the first stipulation quoted, viz: "Provided, however, Such substituted descriptions do not interfer with the lawful rights or claims of other Cherokee citizens." A copy of Mr. Adams's letter of January 15, 1903, transmitting said omitted sched ule, is herewith attached, marked "Exhibit B." A comparison of the errors and discrepancies reported to counsel by the Com- mission with the corrections made in the second amended schedule, shows that the discrepancies which counsel failed to correct have reference to land, reported by the Indian inspector for Indian Territory to have been reserved by the Department for town-site purposes. The Commission had reported to counsel that the schedule of Delaware lands embraced 12.34 acres within the limits of the town site of Bartlesville, 12.50 acres within the limits of the town site of Lenepah, and 17.88 acres within the limits of the town site of Sallisaw. Referring to said report, Mr. Adams, in his letter, states: "On page 14 we take exception to the town of Bartlesville intruding on Delaware lands * * * On page 54, which you claim that .part of the selection belongs to the town of Lenepah, we do not concede this for the same reason as above — that is, we have made the selections before the town was surveyed * * * and on pages 73 and 74 we contend that our rights to this land are older and better than the rights of the town of Sallisaw." Since the opening of the Cherokee allotment office at Vinita, Ind. T., on January 1, 1903, a number of Cherokee citizens have made application for allotments of land embraced wholly or in part in the segregation made for the Delawares. They claim In many instances to have been in possession of these lands for years and to own valuable improvements on the same, and state that no Delaware citizen lias ever occupied such lands or owned any improvements thereon. Action on this class oi applications has been deferred pending the determination of the suit referred to. 40 ALLOTMENT OP LANDS TO DEL A VV ARE INDIANS. In a communication dated April 7, L903, a copy of which is hereto attached and marked "Exhibit C," Mr. Adams states: "My understanding is that the 157,600 acres of land is segregated, and that no Cherokee will he allowed to file on this land or to receive allotment out of it until the Supreme Court has finally passed upon the rights of the Delaware Indians." A copy of a letter to the same effect from Mr. Adams, dated April 10, 1903, is hereto attached ami marked "Exhibit D." From these it appears that, notwithstanding the proviso in the stipulation of coun- sel that the substituted descriptions are not to interfere with the lawful rights or claims of other Cherokee citizens, the Delawares, through Mr. Adams, take the posi- tion that if the decision of the Supreme Court is favorable to them the specific 157,600 acres described in the record of the case will vest absolutely in the Delawares, notwithstanding any claims which other Cherokee citizens may make to portions of the same lands. In addition to the contention of the Delawares for the lands end traced within the limits of the town sites mentioned, and for lands claimed and in the possession of other Cherokee citizens, quite a serious situation with reference to the Delaware segregation has developed in the work of allotment. Not a few Delaware citizens have presented themselves at the land office and asked to be allowed to make a final selection of lands containing their improvements and upon which they reside, claiming that no portion of the lands occupied by them is included within said Dela- ware segregation. The Commission has been informally advised of cases of numerous other Delaware citizens whose improved lands are not included within said segregation, and the statement has been frequently made that the representatives of the Delaware Indians or their business committee refused to schedule for segregation the lands of any Delaware citizen who failed to pay a pro rata share of the fee which said repre- sentatives or committee demanded. The Delawares, whose property rights are thus unprotected, are for the most part in moderate circumstances, and the improvements on the lands occupied by them represent, in most instances, the efforts of a lifetime. The extent of the condition of affairs last mentioned is indicated by the corre- spondence had with William Nairn, of Coodys Bluff, Ind. T., copies of which are hereto attached and marked "Exhibit E." It is quite evident that while lands occupied by Delaware citizens have not been included in the schedule of lands made a part of the record in the suit of the Dela- wares an amount of the public domain of the Cherokee Nation sufficient to bring the total segregation up to 157,600 acres has been included. There are also attached hereto and marked "Exhibit F" and "Exhibit G," copies of reports of the clerk in charge of the Cherokee land office in Vinita, dated February 12, 1903, showing that since the segregation of lands for Delawares by this Commission on December 17, 1902, the Department has fixed the exterior limits of the town sites of North Tulsa and Lawton in the Cherokee Nation, which embrace, respectively, 20 and 25 acres of land theretofore included in said Delaware segregation. Under all circumstances the Commission believes that the lands embraced in the original schedule, and in the first and second amended schedules made a part of the record in the case of the Delawares, have not been selected with a due regard for the interests of either the Delaware citizens generally or other citizens of the Cherokee Nation, and in so far as town sites are affected without any intention of conforming to the laws relating to the establishment of such town sites. The Commission is in receipt of a communication from Mr. Adams to lion. M. 8. Quay, United States Senator from Pennsylvania, dated April 10, 1903, and referred by Senator Quay to the Commission. A copy of said letter and of Senator Quay's indorsement thereon is hereto attached, marked "Exhibit II." In this latest letter Mr. Adams takes the position that the Commission is without jurisdiction to receive applications of Cherokee citizens for lands embraced in the Delaware segregation, notwithstanding the proviso of counsel in the stipulation hereinbefore set forth pro- viding for the protection of the property rights of other Cherokee citizens. The Commission believes that some steps should be taken to guard against the possibility of the Supreme Court rendering a judgment adopting said schedule as the definite and specific tracts of land to which the Delawares are entitled under their claim, and respectfully request that the Department may issue such instructions as it may deem proper in the premises. Respectfully, Tams Bixby, Chairman. T. B. Needles, C. R. Breckinridge, \V. E. Stanley, < 'otiiiiiixsiiiiurs. (Through the Commissioner of Indian Affairs.) ALLOTMENT OF LANDS TO DELAWARE INDIANS. 41 Exhibit A. Muscogee, Ind. T., January 5, 1903. Walter S. Logan, Attorney for Petitioners. William T. Hutchings, Attorney for Respondents. Gentlemen: There was filed in the office of the Commission on December 16. 1902, what purports to be a copy of a stipulation of counsel theretofore riled in the United States Court of Claims in the case of the Delaware Indians r. the Cherokee Nation, No. 21139, which stipulation, omitting the caption, is as follows: "In pursuance of leave reserved and granted by the court upon the final hearing of this case, it is hereby stipulated and agreed that the record herein be amended by substituting in the place of the incorrect description given in the record herein of the 157,600 acres selected and claimed by the Delawares, the annexed descriptions which, upon careful examination, have been found correct. "And it is further stipulated and agreed that the court may, in its decision and final judgment herein, use the annexed correct descriptions in the place of the incor- rect descriptions contained in said record, provided, however, such substituted descriptions do not interfere with the lawful rights or claims of other Cherokee citizens. " Washington, D. C, December 10, 1902. "Walter S. Logan, "Attorney f>r Petitioners. " William T. Hutchings, "Attorney for Respondents." Following the above are the descriptions of the lands therein referred to, aggregai- ing 157,601.74 acres, said descriptions being arranged in paragraphs designated bv letters from A to Z, AA to ZZ, and AAA to PPP. In accordance with the provisions of section 23 of the act of Congress approved July 1, 1902 (32 Stat. L., 716), the Commission has segregated and reserved from allotment, subject to disposition according to such judgment as may be rendered in said cause, 157,541.74 acres of land in the Cherokee Nation, the same being the land described in said stipulation, less 60 acres accounted for as follows: («) On page 9, paragraph L, section 5, calls for lots 1 and 2 E. | of NW. \ of sec- tion 30, township 21 N., range 13 E., and gives area as 159.96 acres. The area of this quarter section as expressed upon the official township plat is 159.78 acres. The area originally was as given in the stipulation, 159.96, but owing to corrections in areas of lots it now appears as 159.78 acres. Deficit, 0.18 of an acre. (I>) On page 9, paragraph L, section 6, calls for lots 1 and 2 of section 31, township 21 X., range 13 E., and gives area as 79.96 acres. The areas of these two lots as expressed upon official plat is 79,34 acres. Deficit, 0.62 of an acre. (' i ( in page 14, paragraph Q, section 4, calls for all of section 7, township 26 N., range 13 E. 12.34 acres of this section are included within the limits of the' town site of Bartlesville. Deficit, 12.34 acres. i '/) On page 46, paragraph II, section 3, calls for the SE. \ of section 8, township 23 X., range 16 E., containing 160 acres. This quarter section is rendered fractional by the Verdigris river, and contains a land area of but 143.99 acres. Deficit, 16.01 acre-. (e) On page 46, paragraph II, section 6, calls for lot 4 of section 3d, township 23 N., range 16 E., giving area of same as 39.33 acres. The official township plat shows area of this lot to lie 38.80 acres. Deficit, 0.53 of an acre. (./') On page 51, paragraph LL, section 2, calls for the N. i and SW. i of section 4, township 26 N., range 16 E., and gives area of the same as 480 acres. The official township plat shows area of these tracts of land to be 480.08 acres. Excess, 0.08 of an acre. {g) On page 54, paragraph MM, section 1, calls for the W. £ of section 6, township 27 X., range 16 E. 12.50 acres of the W. h of said section are included within the limits of the town site of Lenapah. Deficit, 12.50 acres. (//) On page 63, paragraph VV, section 3, calls for the NE. \ of NW. \ of section 20. township 15 N., range 19 E., and gives area as 40 acres. The NE. \ of NW. } of said section is lot 1, being rendered fractional by the Creek-Cherokee boundary line, and contains 39.98 acres. Deficit, 0.02 of an acre. (i) On page 72, paragraph OOO, section 1 (a), calls for the S. £ of the NE. i of section 6, township 11 X., range 24 E., giving area as 80 acres. 17.80 acres of said tract are included within the limits of the town site of Sallisaw. Deficit, 17.80 acres. (./') On page 73, paragraph OOO, section 1 (d), calls for the N. h of the SE. ] of section 6, township 11 X., range 24 E., and gives area as 80 acres. 0.08 of an acre of the above-described tract is included within the limits of the town site of gftlligaw. Deficit, 0.08 of an acre. 42 ALLOTMENT OF LANDS T<> DELAWARE INDIANS. SUMMARY. Deficit— Acres. (a) 0. 18 (b) - .62 (c) 12.34 Id) 16. 01 «) 53 [a) 12. 50 ( // ) 02 (t) 17. 80 U) 08 60. 08 Excess (/) 08 60.00 In addition to the foregoing there have been found certain discrepancies, which appear to be clerical errors, as follows: On page 2, paragraph F, section 1 calls for SW. \ of NW. \ of section 31, township 25 N., range 12 E. There is no section 31 in this fractional township, and the same by location would be in the Osage Nation. This is probably a transposition of figures, and intended for section 13. On page 4, paragraph H, section 4 calls for E. \ of NW. \ of section 13, township 27 X., range 12 E. This is apparently a clerical error, and intended for the E. \ of NW. \. On page 12, paragraph P, section 8 (b) calls for the SW. J of section 10, township 25 X., range 13 E. This is apparently a clerical error, and intended for the SE. ',. as section 8 («) of the same paragraph, on page 11, calls for the W. h of section 10, town- ship 25 N., range 13 E., which includes the SW. \ of said section. On page 42, paragraph EE, section 1 (a), the \ has been omitted from the descrip- tion, which reads S. \ of S. I of NW. of section 6, township 27 N., range 15 E. On page 42, paragraph EE, section 1 (c), calls in part for the W. \ of SE. I of SE. \ of section 6, township 27 N., range 15 E. The description SE. -J is apparently intended for SE. 5. On page 70, paragraph III, section 5, calls for lots 1, 2, 3, 4, 5, and 7 of section 11, township 23 N., range 21 E., and gives area as 187.80 acres. The official township plat shows area of these lots to be 149.20 acres. The addition of lot 6, however, of the same section, which lot contains 38.60 acres, would make a total area of 187.80 acres as called for in stipulation, and it appears that either lot 6 was omitted from stipulation by mistake, or, if intentionally omitted, the change in total area was not made. (Lot 6 was temporarily reserved, making the area of reservation agree with that given in stipulation in this case. ) On page 71, paragraph J.J J, section 7, calls for the S. 5 of SW. \ of section 25, township 24 N., range 21 E., giving area as 80 acres. This was apparently intended for S. J of SW. \ of said section. In those cases where clerical errors have been discovered, as aforesaid, the Com- mission has made a tentative segregation of the land which it believed the counsel intended to describe in said stipulation and as previously indicated. You are therefore respectfully requested to advise the Commission of such action as you may take to amend or correct the record in said cause in so far as it relates to the description of the land claimed by the Delawares, and to tile with the Commis- sion at the earliest date possible a certified copy of such instrument as may be filed in said court for that purpose. Yours, truly, Tams Bixby, Acting Chairman. Exhibit B. January 15, 1903. Hon. Tams Bixby, Acting Chairman Commission to the Five Civilized Tribes, Muscogee, Tnd. T. Dear Sis: Inclosed I hand you certified copy of the second amended description of the Delaware lands. On reviewing we find that several corrections were necessary, substantially what von called our attention to in your letter, that is: On page 2, 1 correction: page 4, 1 correction; page 9, 2 corrections; page 12, 1 correction, and on page 14 we take exception to the town of Bartlesville intruding on Delaware lands. ALLOTMENT 0¥ LANDS TO DELAWARE INDIANS. 48 Arthur Armstrong, a Delaware Indian, who owns this land, had been living there many years before the town of Bartlesville was thought of. On page 42 we make 2 corrections; on page 46, 2 corrections; on page 51, 1 cor- rection, and on page 54, which you claim that part of the selection belongs to the town of Lenapah, we do not concede this for the same reason as above; that is, we have made the selection before the town was surveyed. On page 63 we make 2 cor- rections; on page 72, 1 correction, and on pages 73 and 74 we contend that our rights to this land are older and better than the rights of the town of Salisaw. We offer as a substitute for any shortage the following: SE. \ of the SE. 4- of sec. 6, T. 26 N., R. 13 E., 40 acres, and the NE. I of the SW. i of sec. 6, T. 27 N., R. 13 E., 40 acres. Out of these 80 acres you can take our shortage, taking first the 40 acres described in T. 26, R. 13, and w hatever is still lacking take out of the other 40 acres. Both of these forties are Delaware lands, in possession of Delaware Indians, and can well go into the segregated lands. Yours, respectfully, Richard C. Adams. Exhibit C. April 7, 1903. Tams Bixby, Chairman Commission t<> Fin Civilized Tribes, Muscogee, Ind. T. Dear Sir: I am in receipt of a letter from F. B. "Woodard, of Dewey, Ind. T., inclosing three letters from your Commission, relative to the interests of certain Delawares who hold and are in possession of part of the land segregated under sec- tion 23 of the act of Congress approved July 1, 1902, known as the Cherokee agree- ment and ratified by the Cherokees August 7, 1902. I can not see why any Chero- kee should be allowed to interfere with the rights of the Delawares or their hold- ings until the same shall have been determined by the Court of Claims and the Supreme Court of the United States. On February 2, 1903, the Court of Claims dismissed the suit, and during the same month we appealed the case to the Supreme Court of the United States. The record has been transmitted from the Court of Claims to the Supreme Court, and it is believed that the case will be tried at as early a date as the calendar will permit, but we are advised by the clerk of the Supreme Court that we can not be heard before the October term, if then, and likely the case would not be decided during the present year. If a Cherokee is allowed to contest any Delaware's holding before the Supreme Court passes upon the rights of the Cherokees, it seems to me that the intended effect of section 23 is lost to the Delawares. My understanding is that the 157,600 acres of land is segregated and that no Cherokee will be allowed to file on this land or to receive allotment out of it until the Supreme Court has finally passed upon the rights of the Delaware Indians. I hope to receive an early reply from you on this subject, and trust that the Com- mission will fully protect the interests of my people in their rights and holdings in the Cherokee Nation. Yours, truly, Richard C. Adams. Exhibit H. April 10, 1903. Hon. M. S. Quay, Washington, D. C. Dear Senator: When Congress passed the act entitled "An act for the protection of the people of the Indian Territory, and for other purposes." which was approved June 28, 1898, and known as the Curtis Act, provision was made by section 25 thereof for the protection of the rights of the Delaware Indians in the Cherokee Nation, to the effect that before any allotments of lands should be made in the Cherokee Nation there should be segregated therefrom by the Commission to the Five Civilized Tribes, in separate allotments or otherwise, the 157,600 acres purchased by the Delawares from the Cherokees under the agreement of April 8, 1867. Following this was a pro- vision referring to the Court of Claims and the Supreme Court of the United States the question of the rights of the Delawares to these lands and to other allotments, and their interest in the Cherokee tribal lands and funds. No action was taken by the Commission to comply with this provision of the Cur- tis Act until the passage of the act of Congress approved July 1, 1902, which was rati- 44 ALLOTMENT OF LANDS TO DELAWARE INDIANS. fied by the Cherokees at a general election August 7, 1902, which act also provided in section 23 thereof as follows: "Sec. 23. All Delaware Indians who are members of the Cherokee Nation shall take lands and share in the funds of the tribe, as their rights may be determined by the judgment Of the Court of Claims, or by the Supreme Court, if appealed, in the suit instituted therein by the Delawares against the Cherokee Nation, and now pending; but if said suit be not determined before said Commission is ready to begin the allotment of lands of the tribe as herein provided, the Commission shall cause to be segregated one hundred and fifty-seven thousand six hundred acres of land, including lands which have been selected and occupied by the Delawares in con- formity to the provisions of their agreement with the Cherokees dated April eighth, eighteen hundred and sixty-seven, said lands so to remain, subject to disposition according to such judgment as may be rendered in said cause; and said Commis- sion shall thereupon proceed to the allotment of the remaining lands of the tribe as aforesaid. Said Commission shall, when final judgment is rendered, allot lands to such Delawares in conformity to the terms of the judgment and their individual lights thereunder. Nothing in this Act shall in any manner impair the right of either party to said contract, as the same may be finally determined by the courts, or shall interfere with the holdings of the Delawares under their contract with the Cherokees of April eighth, eighteen hundred and sixty-seven, until their rights under said contract are determined by the courts in their suit now pending against the Cherokees, and said suit shall be advanced on the dockets of said courts and determined at the earliest time practicable." In anticipation of the allotment of the lands of the Cherokee Nation, and in con- formity with the provisions of said section 23, above quoted, the Delaware Indians, through me as their authorized attorney in fact and representative, filed in December, 1902, with the Commission to the Five Civilized Tribes a list of selections of land, aggregating about 157,600 acres, as and for their selections to be segregated as in said section provided. Certain minor errors being found in some of these descrip- tions, an amended and corrected list was forwarded to said Commission, at its request, in January, 1903, which said list of selections contained the description of 157,600 acres of land, was received, accepted, and placed on file by said Commission, as and for the Delaware lands segregated under the authority of said act. On February 2, 1903, a decree was passed by the Court of Claims in the case of the Deleware Indians against the Cherokee Nation, and on March 19 an appeal was filed in the Supreme Court of the United States, where said case is now pending. I desire to submit that the Commission to the Five Civilized Tribes, having exer- cised the authority vested in them by the act of July 1, 1902, above referred to, in the segregation of the Delaware lands, their authority and jurisdiction over the lands thus segregated is exhausted until the final determination of the suit of the Delawares against the Cherokees by the Supreme Court of the United States, and they have no further power to do any other act with reference to said lands. The act in question having provided that this segregation being made, .the Commission should proceed to allot the remaining lands of the Cherokee tribe, they had no more power to receive any application for or to perform any act concerning any of the lands embraced within the Delaware selections than if these lands had been within the Osage Reservation in Oklahoma or had never been any part of the lands of the Cherokee tribe. During the last week I have been in receipt of many letters and telegrams from Delaware Indians residing in the Indian Territory and occupying parts of the segre- gated lands above mentioned, who have received notification from the Commission that certain Cherokees have made filings upon lands occupied by said Delawares and within the segregated lands herein referred to, and notifying such Delawares to appear and rile contests. This action, which seems to indicate that the Commission does not intend to treat the segregated lands as withdrawn from selection by Cherokees, would, if carried out, effect a nullification of the act of Congress referred to and deprive the Delawares of all the protection for which Congress inserted the clause above referred to in the act of July 1, 1902. If such action could be sustained as to one or several selections, it could be sustained as to all, and there would be no segregated land. This would deprive the Delawares of their property rights, for they can not take their allotments at this time, and will not lie allowed to do so until the case now pending in the Supreme Court of the United States shall have been finally determined, which, as I am informed by the clerk of that court, will probably not be for a year or more. The Delaware Indians, acting under the advice of the Department of the Interior and the Indian agent, Leo E. Bennett, some years ago, spent almost all their tribal funds, which amounted to about $1,000,000, in the improvement of their homes in the Cherokee Nation embraced in the segregation referred to, They have always ALLOTMENT OF LANDS TO DELAWARE INDIA\NS.. 4'5"> b^eh loyal to the United States, have been law-abiding and peaceful, in tile Cherokee' Nation, and now deserve the protection of the Government to the fullest extent, and, it was the intention of Congress to extend this protection and make it fully effective.. But if the law is to be interpreted as seems now to be the purpose of the Commission,, it will become inoperative and valueless and might as well never have-been enacted. In view of this situation and the peril of my people, I desine to appeal to you to> take such action in their behalf as may seem to you proper, either by. an, application' to the Secretary of the Interior or directly to the Commission,, or, both, as will pre- vent the contemplated action on the part of said Commission and preserve to the- Delaware Indians the selections which they have made of these segregated lands until it shall be finally determined whether or not they are-entitled to the same. Yours, sincerely, Richard C. Adams.. [Indorsed.] April 14-j 1903.. Respectfully referred to Hon. Tams Bixby, president Dawes Commission. I pre- sume there is some satisfactory explanation if the facts are as stated. I feel much interested in the Delawares, who are a Pennsylvania tribe,. and trust the Commission will see that they are protected in accordance with the act of Congress until the pending litigation with the Cherokees is determined. M. S. Quay, U. S. S. Exhibit D.. April 10, 1903. Commission to the Five Civilized Tribes, Muscogee, I ml'.. T.. Gentlemen: Referring to my letter of March 27 to, the Commission, in which I inclose a communication from J. W. Gibson describing lands being a part of the Delaware segregated lands, I am in receipt of a letter of April 4, 1903, signed by C. R. Breckinridge, commissioner in charge, in whwih he says that Mr. Gibson had been requested on that date to communicate to the Commission the nature and location of the improvements on this land owned by him, and that, upon receipt of this infor- mation he will be notified should any other citizen make application for this land or any part thereof as an allotment, in order that he may institute a contest for the land within the time provided by law. Replying to this letter, I desire to submit on behalf of the Delaware people that the Commission, having segregated by description, by legal subdivision, the 157,600 acres in accordance with section 23 of the act of July 1, 1902, it is not within the power of the Commission now to accept any filing of selections on any part of said 157,600 acres so described, and that the Delaware Indians in possession of any part of this said described land should not be called upon to make contests of any such filing. The authority of the Commission to allot lands is limited by the said section 23 to the lands remaining and belonging to the Cherokee tribe after the segregation of this tract. The 157,600 acres of land described as aforesaid is not anymore a part of the Cherokee lands to be allotted at this time than are the lands of the Osage Reservation, and it is the duty of the Commission, whenever any Cherokee attempts to file on any lands embraced in the 157,600 acres, to decline to receive this filing, without putting the Delaware occupant to the expense and trouble of contest ing. The attention of the Commission is invited to the said section 23, wherein it pro- vides that after the segregation of the 157,600 acres, if the Commission should be ready to make allotments before the Supreme Court (if the case then pending be appealed to that court) should finally determine the rights of the Delawares, "said Commission shall thereupon proceed to the allotment of the remaining lands of the tribe as aforesaid." I submit that under this provision of the law the Commission's authority to allot lands is limited to the remaining lands of, the Cherokee tribe, and that, therefore, the Commission has no jurisdiction over the 157,600 acres which they have segre- gated, the act of segregation having exhausted the powers of the Commission over these lands until the Supreme Court shall have finally acted on the appeal that has been taken to that court from the decree of the Court of Claims. In other words, this 157,600 acres at the present time should be treated as if they were not embraced within the exterior limits of the Cherokee Nation, or were never a part of the Cherokee Reservation, and any attempt made by Cherokees to file on any part of this land should be rejected by the Commission without any further proceedings. Yours, truly, Richard C. Adams. 4tf ALLOTMENT OF LANDS TO DELAWARE INDIANS. Exhibit E. Coodvs Bluff, Ink. T.. January SI, 1908. The Dawks COMMISSION. Gentlemen: Please inform me why all of the Delaware lands have not been seg- regated, as required by the late Cherokee treaty? There are at least 50 Delawares whose lands have not heen set apart as contem- plated by the treaty. We would like to have our lands plaeed in the same condition as other Delawares, or a satisfactory explanation why they are not. Yours, very truly, William Nairn. MrsrooEE, Ind. T., February n, 1903. William Nairn, Coodys Bluff, Ind. T. Dear Sir: The Commission is in receipt of your letter of January 31, complaining that there are at least 50 Delawares whose lands have not been set apart as contem- plated by the recent Cherokee agreement. You ask why these lands have not been set apart. In reply, you are advised that there have heretofore been segregated for the Dela- ware citizens of the Cherokee Nation 157,600 acres of land in the Cherokee Nation. This is all the land which the r,ecent Cherokee agreement provided should be segre- gated for the Delawares. Respectfully, C. R. Breckinridge, Commissioner in Charge. Coodys Bluff, Ind. T., February 15, 1903. The Dawes Commission. Gentlemen: I received your communication in reply to my inquiry. In reply permit me to say that my understanding of the late Cherokee agreement is that the lands of all the Delawares that had been selected in conformity with the Cherokee- Delaware treaty of 1867 were to be segregated by the Dawes Commission, and not of a certain portion, and not of Cherokee lands, as has been done. In support of my views allow me to cite the following clause of the treaty: "But if said suit be not determined before said Commission is ready to begin the allotment of lands of the tribes as herein provided, the Commission shall cause to be segregated 157,600 acres of land, including lands which have been selected and occu- pied by Delawares in conformity to the provisions of their agreement with the Cher- okees dated April 8, 1867." This certainly has not been done. On the contrary, as before stated, many of the Delawares' lands have not been segregated. While some Cherokee lands have been set apart, and again in some instances several thousand acres have been segregated for certain individuals among the Delawares — an amount of land that could not in a just sense belong to them. In this manner some of the Delawares received much more than their share while others have not received any. We can not think the Commission intentionally wronged us, hut believe they were not conversant with the true state of the case. Yours, very truly, William Nairn. Exhibit F. Department of the Interior, Commission to the Five Civilized Tribes, Vinita, Ind. 7"., February IS, 1903. Commission to the Five Civilized Tribes, Muscogee, Ind. 7'. Gentlemen: Receipt is hereby acknowledged of the Commission's letter of the .">lst ultimo, inclosing a letter dated January 27, 1903, from the acting United States Indian inspector for Indian Territory, in which he inclosed one copy of the exterior limit ALLOTMENT OF LANDS TO DELAWARE INDIANS. 47 report, showing the description of land embraced in the town site of North Tulsa, Cherokee Nation. Said report bears the approval of the Secretary of the Interior under date of January 21, 1903. In reply you are advised that the following-described lands embraced within the limits of said town are included in the 157,600 acres of land which the Commission caused to be segregated for the use of the Delawares: The S. \ of the SW. \ of the SW. \ of sec. 36, T. 20 N., R. 12 E. of the Indian meridian, containing 20 acres. This for your information. P. G. Reutek, Clerk in Charge. Exhibit G. Department op the Interior, Commission to the Five Civilized Tribes, Vinita, Ind. 7'., February 12,. 1903. Commission to the Five Civilized Tribes, Muscogee, lnd. T. Gentlemen: Receipt is hereby acknowledged of the Commission's letter of the 20th ultimo, inclosing a communication from the acting United States Indian inspec- tor for Indian Territory, dated January 17, 1903, accompanied by a sketch showing the land desired for town-site purposes at Lawton, Cherokee Nation. In reply, you are advised that the following-described tracts of land, which have been tentatively reserved for the town site of Lawton, are embraced in the 157,600 acres which the Commission caused to be segregated for the Delawares. The N. * of the SE. J of the SE. \ of the NW. \, and the NE. \- of the SE. J of the NW. I, and the SE. \ of the NE. J- of the NW. \, all in sec. 21, T. 28 N., R. 13 E. of the Indian meridian, containing in all 25 acres. This for your information. Respectfully, P. G. Reuter, Clerk in Charge. No. 43. May 4, 1903. The Assistant Attorney-General for the Department of the Interior. Sir: There is transmitted herewith a report of the Acting Commissioner of Indian Affairs < if April 30, 1903, submitting a communication from the Commission to the Five Civilized Tribes (with inclosures), relative to lands segregated by it under section 23 of the act of July 1, 1902 (32 Stat. L., 716, copy inclosed); also a letter from him of April 28, 1903, with inclosures, reporting in regard to a communication from Richard C. Adams, relative to such segregation. The Commission states on page 7 of its letter that — "Under all circumstances the Commission believes that the lands embraced in the original schedule and in the first and second amended schedules made a part of the record in the case of the Delawares have not been selected with a due regard for the interests of either the Delaware citizens generally, or other citizens of the Chero- kee Nation, and in so far as town sites are affected, without any intention of conform- ing to the laws relating to the establishment of such town sites." The Department requests your opinion as to whether said segregation has been made in conformity to the law. and what its authority and duty are in the premises. Respectfully, Thos. Ryan, Acting Secretary. No. 44. Department of the Interior, Washington, June 1. 1903. The Assistant Attorney-General for the Interior Department. Sir: There is inclosed herewith for consideration in connection with departmental letter of May 4, 1903, transmitting certain correspondence relative to lands segregated a 48 ALLOTMENT OF LANDS TO DELAWARE INDIANS. by the Commission to the Five Civilized Tribes for the benefit of the DelawareB, communication dated May 27, 1908, from Mr. Richard C. Adams, Washington, D. C relative to the matter. Respectfully, Tims. Ryan, Acting Secretary. No. 45. May 27. 1903. The Secretary of the Interior, Washington, D. V. Sir: Confirming my letter of April 18, 190.3, relative to the rights of the Delawares in the lands segregated for their benefit under section 23 of the act of Congress approved July 1, 1902, I wish to state that I have recently visited the Delawares and find that conditions are growing much worse instead of better, and the Delawares desire an early decision in regard to their rights and the right of the Commission to the Five Civilized Tribes to allow Cherokee citizens to file upon the segregated I find that in many cases Cherokees have gone to the Commission to the Five Civ- ilized Tribes and filed on lands owned, occupied by, and in possession of Delaware Indians and recognized as lands segregated for them; that such Cherokees immedi- ately upon riling on the land take 'possession of it, and, in some cases, fence such land even though it be a part of the land cultivated by a Delaware. The Delaware Indian is warned by the Cherokee against trespassing on his own land and even threatened with injunction, which threat in one or two cases has been made good. The Delaware Indians are much alarmed over the manner in which their rights tion and that the Secretary should not only put a stop to the Cherokees filing on said lands but should remove all persons from the segregated lands who do not hold as Delaware Indians or under authority of said Indians. Very respectfully, Richard C. Adams. No. 46. [Telegram.] Vinita, Ind. T., January 2, 1903. T. M. BUFFINGTON, Care National Hotel, Washington, D. C: Commission is issuing numbers to persons on doubtful cards to take allotments Monday. Enter protest and call Secretary's attention to sections 11, 29, and 31 ot Cherokee agreement. Letter follows. Answer. W. W. Hastings, Attorney. No. 47. [Telegram.] Washington, January 8, 1903. Dawes Commission, Muscogee, Ind. T.: Protest filed by Cherokee Nation against your alleged action in issuing numbers to persons on doubtful cards to take allotments on Monday. Report fully by wire. Thos. Ryan. Acting Secretary. No. 48. [Telegram.] Muscogee, Ind. T., January 8, 1908. Secretary of Interior, Washington, D. C: Telegram received. Commission lias thought advisable to make reservations for doubtful Cherokee claimants, pending determination of cases, where such claimants are in possession and own improvements. No allotments will be made to them betore cases are finally acted upon by Department. , . Bixby, Acting Ghavrman. ALLOTMENT OF LANDS TO DELAWARE INDIANS. 49 No. 49. [Telegram.] Washington, January 5, 1903. Bixbv, Acting Chairman, Muscogee, Ind. T.: Since your report January 3 shows that reservations are made for doubtful Chero- kee claimants, pending determination of their cases, only where such claimants are in possession and own improvements, your action in that respect is approved. Thos. Ryan, Acting Secretary. No. 50. Department of the Interior, Office of Indian Affairs, Washington, November 18, 1903. The Secretary of the Interior Sir: Referring to Department letters of October 6 and 29, 1903, respectively, rela- tive to the segregation of the lands claimed by the Delaware Indians, there is inclosed herewith a report from the Commission to the Five Civilized Tribes, dated Novem- ber 11, 1903, transmitting what appears to be a "second amended schedule of lands selected by the Delawares in the Cherokee Nation as per stipulation of counsel." The Commission quotes section 25 of the act of June 28, 1898, and section 23 of the Cherokee agreement, both of which are familiar to the Department, and states that under section 25 of the Curtis Act suit was brought by the Delaware Indians against the Cherokee Nation in the Court of Claims for the purpose of adjudicating the rights of the Delaware Indians to share in the allotment of lands and in the distribution of the funds of the Cherokee Nation; that on February 2, 1903, the Court of Claims dis- missed said suit; that an appeal was taken from the decision of this court to the Supreme Court of the United States, where the case is now pending on appeal; that on December 16, 1902, there was filed with the Commission an amended schedule of lands purporting to comprise the 157,600 acres scheduled and claimed by Delaware Indians in the Cherokee Nation under the Delaware-Cherokee agreement of April 8, 1867; that annexed to said schedule was a stipulation between the attorneys for the contending parties to the effect that the schedule embraced the 157,600 acres of land claimed by the Delawares, and that upon careful examination the descriptions in the schedule had been found to be correct. It is said that the Commission, relying on said stipulation and believing the sched- ule to be satisfactory to all the parties in interest, on December 17, 1902, adopted the following resolution : "Be it resolved by the Commission, That the acting chairman cause to be set aside and segregated 157,600 acres of land in the Cherokee Nation, in accordance with the provisions of section 23 of the act of Congress approved July, 1902 (Public, No. 241), subject to disposition according to such judgment as may be rendered in the case of the Delaware Indians v. The Cherokee Nation, now pending in the United States Court of Claims, and as shown by the description of said land in the stipulation of counsel for parties in said case, dated at Washington, D. O, December 10, 1902." And that, in compliance with this resolution, "the said segregation of Delaware lands was accordingly made, December 17, 1902, and entered upon the maps and plats of the Commission;" that subsequently numerous errors and discrepancies were found in the schedules, to which the attention of counsel for both parties was directed by the Commission's letter of January 5 last; that "a second amended schedule" was filed with the Commission January 23, 1903, which is simply the former schedule with certain alterations and corrections, and contains the agreement herein previously mentioned between the attorneys, with an additional stipulation as follows: "We agree to the corrections herein in ink on pages 2, 4, 9, 12, 14, 42, 51, 54, 63, 72, 73, 74, being two corrections on pages 9, 42, 46, 63, and one on each of the other pages, subject to the above proviso. "Walter S. Logan, Attorney for petitioners. "Wm. T. Hutchings, Attorney for respondent. "Bv J. J. Hemphill. "January 13, 1903." The Commission says that upon the filing of the second amended schedule the lands described therein were, on January 23, 1903, accepted and adopted by it as the segregation of Delaware lands which the Commission is directed by law to make; that since the making and adoption of the latter segregation it has been found that counsel S. Doc. 104 4 50 ALLOTMENT OF LANDS TO DELAWARE INDIANS. failed to correct all the errors and discrepancies ti> which their attention was invited; thai such errors consist largely of improperly including in said schedule certain lain Is which are embraced within the limits of certain town sites reserved under sec- tion 24 of the Cherokee agreement; that it has also been found since the adoption of said segregation that there are lands outside of the segregation, but within the limits of the Cherokee Nation, which are not occupied by Delawares who own the improve- ments located thereon, and that there are lands within the segregation which are occupied by Cherokees who own the improvements thereon. The Commission says "it is believed that an amendment ought to be made to said segregation, at the proper time, embodying all the corrections which shall be found necessary," and concludes its report as follows: "Inasmuch as it has been held by the supreme court of the District of Columbia n the case of Bullette v. Hitchcock et al. that the approval of the Secretary of the Interior is necessary to the validity of any such segregation which the Commission may make, it is respectfully recommended that the action of the Commission relative to the adoption of said segregation be approved by the Department, and that at the proper time the necessary corrections be embodied in an amendment to be added to said schedule and likewise approved by the Department." October 6 the Department advised the Commission that the law hereinbefore men- tioned imposed upon it the duty of investigating and determining wdiat lands are subject to segregation and said: " Your Commission can not substitute the judgment of the Delaware Indians or any of them, or anyone acting for them or any of them, for your own judgment in this matter." The Commission was advised that the segregation to become effective must meet with the approval of the Department; that the list or schedule referred to did not meet the requirements stated, and it was instructed to at once make such examina- tion and investigation as would enable the Commission to determine what tracts should be added to the list and what tracts then embraced therein should be excluded. October 29 the Department directed the Commission to make a list of the tracts embraced in the schedule mentioned, showing lands claimed and occupied by Delawares to which there were no adverse claims, a list embracing all tracts claimed by Delaware Indians but not included in the list previously presented to the Commission, and a list embracing the tracts included in the list previously presented to the Commission to which some Cherokee citizen other than a Delaware made claim, and forward these lists to the Department with recommendation as to what action should be taken by the Department upon each list. The Commission makes no mention of either of these letters, and it does not appear that the Department's instructions have been complied with. Therefore the Commission's report and papers accompanying the same, including a map of the Cherokee Nation, are inclosed herewith for such action as you may be pleased to take thereon. Very respectfully, >V. A. Jones, Commissioner. No. 51. Department of the Interior, Commission to the Five Civilized Tribes, Muscogee, Ind. T., November 11, 1903. The Secretary of the Interior, Washington, D. C. Sir: It is desired to call the attention of the Department to the action heretofore taken by the Commission relative to the segregation of Delaware lands, and to submit herewith the further recommendations of the Commission in the premises, to wit: The first direction to make a segregation of such lands is found in the act of Con- gress approved June 28, 1898 (30 Stat. L., 495), section 25 of which provides: "That before any allotment shall be made of lands in the Cherokee Nation, there shall be segregated therefrom by the Commission heretofore mentioned, in separate allotments or otherwise, the one hundred and fifty-seven thousand six hundred acres purchased by the Delaware tribe of Indians from the Cherokee Nation under agree- ment of April eighth, eighteen hundred and sixty-seven, subject to the judicial determination of the rights of said descendants and the Cherokee Nation under said agreement. That the Delaware Indians residing in the Cherokee Nation are hereby authorized and empowered to bring suit in the Court of Claims of the United States, within sixty days after the passage of this Act, against the Cherokee Nation, for the purpose of determining the rights of said Delaware Indians in and to the lands and funds of said nation under their contract and agreement with the Cherokee Nation, ALLOTMENT OF LANDS TO DELAWARE INDIANS. 51 dated April eighth, eighteen hundred and sixty-seven; or the Cherokee Nation may bring a like suit against said Delaware Indians; and jurisdiction is conferred on said court to adjudicate and fully determine the same, with right of appeal to either party to the Supreme Court of the United States." Subsequently, it was enacted in section 23 of the act of Congress, approved July 1, 1902 (32 Stat. L., 716), that— "All Delaware Indians who are members of the Cherokee Nation shall take lands and share in the funds of the tribe, as their rights may be determined by the judg- ment of the Court of Claims, or by the Supreme Court if appealed, in the suit insti- tuted therein by the Delawares against the Cherokee Nation, and now pending; but if said suit be not determined before said Commission is ready to begin the allotment of lands of the tribe as herein provided, the Commission shall cause to be segregated one hundred and fifty-seven thousand six hundred acres of land, including lands which have been selected and occupied by Delawares in conformity to the provisions of their agreement with the Cherokees dated April eighth, eighteen hundred and sixty- seven, such lands so to remain, subject to disposition according to such judgment as may be rendered in said cause; and said Commission shall thereupon proceed to the allotment of the remaining lands of the tribe as aforesaid. Said Commission shall, when final judgment is rendered, allot lands to such Delawares in conformity to the terms of the judgment and their individual rights thereunder. Nothing in this act shall in any manner impair the rights of either party to said contract as the same may be finally determined by the court, or shall interfere with the holdings of the Delawares under their contract with the Cherokees of April eighth, eighteen hun- dred and sixty-seven, until their rights under said contract are determined by the courts in their suit now pending against the Cherokees, and said suit shall be advanced on the dockets of said courts and determined at the earliest time prac- ticable." Pursuant to the authority granted in section 25 above quoted, suit was brought by the Delaware Indians against the Cherokee Nation, in the Court of Claims of the United States (No. 21139), for the purpose of adjudicating the rights of said Delaware Indians to share in the allotment of lands and in the division of funds in the Chero- kee Nation, under the terms of their contract with the Cherokee Nation, made April 8, 1867. The Court of Claims, on February 2, 1903, rendered a judgment dismissing said suit, whereupon an appeal was taken to the Supreme Court of the United States, wdiere said appeal is now pending. On December 16, 1902, there was filed with the Commission an amended schedule of lands purporting to comprise the 157,600 acres scheduled and claimed by the Del- aware Indians in the Cherokee Nation, under their said contract. Annexed to said schedule was a stipulation, by and between the attorneys for both parties to said suit, to the effect that said schednle embraced the 157,600 acres of land scheduled and claimed by the Delawares, and that upon careful examination the descriptions in said schedule had been found correct. On December 17, 1902, relying on said stipulation and believing said schedule to be satisfactory to all the parties in interest, the Commission adopted the following resolution: " Be it resolved by the Coimnission, That the acting chairman cause to be set aside and segregated 157,600 acres of land in the Cherokee Nation, in accordance with the provisions of section 23 of the act of Congress approved July 1, 1902 (Public — No. 241), subject to disposition according to such judgment as may be rendered in the case of the Delaware Indians v. The Cherokee Nation, now pending in the United States Court of Claims, and as shown by the description of said land in the stipula- tion of counsel for parties in said case, dated at Washington, D. O, December 10, 1902." In compliance with said resolution the said segregation of Delaware lands was accordingly made December 17, 1902, and entered on the maps and plats of the Com- mission. The Commission subsequently found numerous errors and discrepancies in said schedule, to which the attention of counsel for both parties was directed in a letter dated January 5, 1903. Thereupon a "second amended schedule" was filed with the Commission on January 23, 1903. This second amended schedule, which is simply the former schedule with certain alterations and corrections, contains the same agreement heretofore mentioned between the attorneys, with an additional stipulation as follows: " We agree to the corrections herein in ink on pages 2, 4, 9, 12, 14, 42, 51, 54, 63, 72, 73, 74, being 2 corrections on pages 9, 42, 46, 63, and 1 on each of the other pages, subject to the above proviso. "Walter S. Logan, Attorney for Petitioners. "Wm. T. Hutching*, Attorney for Respondent, "By J. J. Hemphill. "January 13, 1903." 52 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Upon the riling of this second amended schedule the lands described therein were, on January 23, L903, accepted and adopted by the Commission as the segregation of Delaware lands which the Commission was directed to make in said section 25 above quoted. A copy of this schedule is transmitted herewith. Since the making and adoption of the latter segregation, however, it has been found that the counsel failed to correct all the errors and discrepancies to which their attention was directed. Such errors consist largely of improperly including in said schedule certain lands which are also embraced within the limits of certain town sites reserved under section 24 of said act of July 1, 1902 (32 Stat. L., 716.) It has also been found since the adoption of said segregation that there are lands outside of the segregation, but within the limits of the Cherokee Nation, which are occupied by Delawares who own the improvements thereon, and that there are lands within the segregation which are occupied by Cherokees who own the improve- ments thereon. Accordingly it is believed that an amendment ought to be made to said segrega- tion at the proper time embodying all the corrections which shall be found necessary. Inasmuch as it has been held by the supreme court of the District of Columbia, in the case of Bullette v. Hitchcock etal., that the approval of the Secretary of the Interior is necessary to the validity of any such segregation which the Commission may make, it is respectfully recommended that the action of the Commission relative to the adoption of said segregation be approved by the Department and that at the proper time the necessary corrections be embodied in an amendment to be added to said schedule and likewise approved by the Department. Respectfully, Commission to the Five Civilized Tribes. Tams Bixby, Chairman. T. B. Needles, Commissioner. C. R. Breckinridge, Commissioner. (Through the Commissioner of Indian Affairs. ) No. 52. Department of the Interior, Office of Indian Affairs, Washington, November 18, 1903. The Secretary of the Interior. Sir: Referring to Department letters of October 6 and 29, 1903, and to office report of even date, there is inclosed herewith a report from the Commission to the Five Civilized Tribes, dated November 14, 1903, explaining the occasion of the Commis- sion's report of November 11, 1903, recommending that the Department approve of the segregation of Delaware lands as made by the Commission December 17, 1902, as subsequently amended. The Commission's report now T transmitted is of consider- able length, and is simply an argument to the effect that the Department should approve of said segregation as made by the Commission. The Commission considers that the segregation should be approved, the approval to relate back to the date the segregation was made by the Commission in order that the work heretofore per- formed by the Commission in connection with allotting Cherokee lands may not be of no avail. The approval of the segregation at this time, the Commission says, would relate back to the date the segregation was made by it, and that the segregation would become effective from that date. This Office does not consider that there can be any question but that the approval of the alleged segregation by the Department would relate back to the date it was made by the Commission, and as this seems to be the substance of the Commission's letter, and considering that it was made in duplicate, the Office does not believe that it is necessary to enter into any discussion thereof. Attention is respectfully invited, however, to' the fact that the Commission does not refer to or mention either of Department letters above referred to. As stated in Office report of this date, the Commission has not complied with the directions contained in these letters, and the Commission's report is submitted for such action as you may be pleased to take thereon. Very respectfully, W. A. Jones, Commissioner. ALLOTMENT OF LANDS TO DELAWARE INDIANS. 53 No. 53. Department of the Interior, Commission to the Five Civilized Tribes, Muscogee, Ind. T., November 14, 1903. The Secretary of the Interior, Washington, D. C. Sir: The Commission having recommended in its letter of November 11, 1903, that the Secretary of the Interior approve the segregation of Delaware lands heretofore made and adopted by the Commission, it is fitting that the reasons for such recom- mendation should be stated. Reference is made to section 25 of the act of June 28, 1898 (30 Stat. L., 495), which section is quoted in full in said letter. It provides that before any allotment shall be made of lands in the Cherokee Nation there shall be segregated therefrom by the Commission the 157,600 acres of land purchased by the Delawares from the Cherokees under their agreement of April 8, 1867. Further provisions on the same subject were embodied in section 23 of a subsequent act of Congress, approved July 1, 1902 (32 Stat. L., 716), which section is also quoted in said letter. In endeavoring to carry out the directions contained in the two sections above mentioned the Commission made a segregation of Delaware lands on December 17, 1902, as set forth in said letter. Certain errors and discrepancies having afterwards been found in the schedule of lands segregated on that date, the Commission, on January 23, 1903, corrected and amended said schedule of lands constituting the Delaware segregation; and this cor- rected schedule has been since treated by the Commission as the legal segregation of Delaware lands made under and by authority of the provisions of law above mentioned. It was subsequently held, however, by the supreme court of the District of Colum- bia, in the case of Bullette et al. v. Hitchcock et al., that the approval of the Secre- tary of the Interior is necessary to the validity of any segregation which the Com- mission may make. Hence it is desired that the Secretary approve said segregation of December 17, 1902, as corrected and amended on January 23, 1903; since, if it be held invalid for want of such approval, it is the same as if no segregation had been made. It would then be necessary to make a segregation de novo and, as it is pro- vided in section 25 aforesaid that the segregation shall be made before any allotment of lands in the Cherokee Nation, a question might arise as to the validity of all allot- ments of lands made in said nation since the opening of the land office; and it is deemed prudent to avoid anything that might even tend to invalidate the great vol- ume of work heretofore done by the Commission in making such allotments. Such approval would be governed by the same principles as the ratification by a principal of an unauthorized act of his agent, the general rule in such cases being that — "The ratification operates upon the act ratified precisely as though authority to do the act had been previously given, except where the rights of third parties have intervened between the act and the ratification." (Cook r. Tullis, 18 Wall., 332-342. ) By analogy to such rule the approval of the Secretary of the Interior herein referred to would relate back and give the segregation the same effect as if it had been author- ized by him at the time of its making. In other words, the approval would be retro- active and take effect as of the date of the segregation. The principle of ratification as above set forth applies also to the unauthorized acts of public officers which are afterwards ratified or approved by a superior officer or governing body. (See Mechem on Public Officers, sec. 557-558; 10 A. and E. Enc. L., 1st ed., p. 471. ) Now, as to the exception mentioned in said rule in favor of the intervening rights of third persons, it is not believed that any person could acquire rights between the making of the segregation and its approval which would be so vested that it would not be permissible, under the authority vested in the Commission and the Secretary of the Interior, to disturb them. Full explanation is given of the reasons for this position in another part of this letter, where the question of amending the segregation is considered. The persons particularly affected by the segregation of the Delaware lands are (1) those Cherokee citizens who occupy lands upon which they own improve- ments within the segregation and (2) those Delawares who occupy lands upon which they own the improvements outside of the segregation. It is not believed that a large number of persons are included in either of these classes, but their rights could be amply protected by amending the segregation from time to time so as to exclude the lands of class one from the segregation and include those of class two therein. In any event, the disadvantages following the course herein outlined would 5-4 ALLOTMENT OF LANDS TO DELAWARE INDIANS. be trivial as compared with the irreparable damage to the whole body of Cherokee citizens which would result from the invalidation of all the allotments made in the ( Iherokee Nation up to this time. We come now to a consideration of the question of amending or correcting the segregation alter it has been once made and approved. The general rule, subject to some exceptions, is that an amendment will relate back to the date of the matter amended. (See Heath v. Whidden, 20 Me., 108; Sanger v. Newton, 134 Mass., 308.) Thus clerical mistakes in the names (if parties may be corrected or a new defense may be added by amendment, or where evidence not within the issue is offered and admitted the pleadings may be amended to conform to the evidence. It is also held by some courts that an amendment in a suit Mill relate back to the date of the tiling ui the original declaration or complaint, so as to prevent the setting up of the plea of the statutes of limitations. (See Smith v. Bellows, 77 Pa. St., 441.) No reason is seen why the amendment to the segregation as suggested should not be valid as against all persons except such third parties, if there be any, who have acquired rights between the making of the segregation and of the amendments thereto. Are there any such persons having intervening rights in Cherokee lands which are so vested that it would not be permissible to disturb them? The word " right" is here used as referring to an interest in lands, and is synonymous with an estate. What, then, is a vested estate? A vested estate is an immediate fixed right of present or future enjoyment. (See 4 Kent Com., 202. ) Preston says: "A vested estate is an interest clothed with a present legal and existing right of alienation." (1 Preston on Estates, 65.) We have, then, at least two elements necessary to constitute a vested estate: (1) A present fixed right of enjoyment and (2) a present right of alienation. Applying these principles, can it be said that any citizen of the Cherokee Nation has any vested right or estate in any of the allotable lands of said nation prior to the issuance of a patent? We think not. His right is simply in the nature of an expec- tation of future benefit or interest, and not a present fixed interest which is subject to alienation. If prior to the issuance of a patent a Cherokee citizen acquires vested rights by having his enrollment as a citizen approved by the Secretary of the Interior, then it would be clearly beyond the power of the Secretary to rescind his approval, or to strike the name of such citizen from the final rolls. Yet the Secretary has frequently exercised the power of rescinding his former approval of the enrollment of Cherokee citizens and of striking their names from the final rolls now being made by the Commission. Presumably, this power is exercised by him under the authority of a line of decisions of the United States Supreme Court holding, in similar cases, that until the matter is closed by final action the Secretary of the Interior may cor- rect, reverse, or vacate any act or decision made by himself or by any subordinate officer under his supervision. A few of the decisions of said court touching upon this question are hereinafter cited. Exclusive jurisdiction in all matters relative to the allotment of lands is conferred by law upon the Commission, subject to the supervision and control of the Secretary of the Interior, and all proceedings by the Commission relative to the allotment of Cherokee lands must receive his approval to be valid. Up to this time no patents- have been issued for any allotable lands in the Cherokee Nation, and no allotments of such lands have been approved by the Secretary of the Interior. Even if the Secretary had approved any matter or proceedings relative to the allotment of such lands, it" is held by the court in the case of Bullette v. Hitchcock et al. (supra), that he would still have authority to correct, modify, or vacate the same. In support of its opinion the court cites the case of Knight v. United States Land Association ( 142 U. S., 161-178). In that case the Commissioner of the General Land Office approved the survey of certain land involved in the action, and although no appeal was taken from such approval the Secretary of the Interior subsequently set the survey aside. It was claimed that his action was illegal. In passing upon this question the court, speaking through Mr. Justice Lamar, said: "The statutes in placing the whole business of the Department under the super- vision of the Secretary invest him with authority to review, reverse, amend, annul, or affirm all proceedings in the Department having for their ultimate object to secure the alienation of any portion of the public lands, or the adjustment of private claims to lands, with a just regard to the rights of the public and of private parties." Reference is also made to the case of New Orleans v. Pain (147 U. S., 261-266), which involved the power of the Secretary of the Interior to set aside a survey of the public lands already approved and to approve a subsequent survey thereof. In that case Mr. Justice Brown, delivering the opinion of the court, said: "If the Department Avas not satisfied with this (the first) survey, there was no rule of law standing in the way of its ordering another. Until the matter is closed by ALLOTMENT OF LANDS TO DELAWARE INDIANS. 55 final action, the proceedings of an officer of a department are as much open to review or reversal, by himself or his successor, as are the interlocutory decrees of a court open to review upon the final hearing." See also Williams r. United States (138 U. S., 514, 523-524); Hawlev v. Diller (178 U. S., 476, 488, 490); Michigan Land and Lumber Co. u. Rust (168 U. S., 589, 592, 594-595); Belev v. Naphtaly (169 U. S., 353, 364); Brown v. Hitchcock (173 U. S., 473, 476-478); United States ex rel. v. Hitchcock (190 U. S.), decided May 18, 1903. In view of the powers of the Secretary of the Interior in respect to the supervision and control of matters within his jurisdiction, as such powers are defined in this unbroken line of authorities, it is difficult to see how any person could have any rights in Cherokee lands, prior to the issuance of a patent, which are so vested that it would not be permissible to disturb them by amending the Delaware segregation. If it be considered as established that the Secretary could, as a matter of law, approve the Delaware segregation heretofore made by the Commission, and that such approval would relate back to the date of the segregation approved, and could cor- rect or amend such segregation, without interfering with the vested rights of any person, then it is believed that, as a matter of expediting the work of allotment in the Cherokee Nation, it ought to be done. Respectfully, Tams Bixby, ( 'hairman. ( Through the Commissioner of Indian Affairs. ) No. 54. Department of the Interior, Washington, November 19, 190S. The Assistant Attorxey-General for the Interior Department. Sir: The Department is in receipt of a report from the Commissioner of Indian Affairs, dated the 18th instant, in which reference is made to departmental letters of October 6 and 29, 1903, relative to the segregation of the lands claimed by the Dela- ware Indians, and inclosing a report from the Commission to the Five Civilized Tribes, dated November 11, 1903, transmitting what appears to be a "second amended schedule of lands selected by the Delawares in the Cherokee Nation as per stipulation of counsel." The Department is also in receipt of another communication of even date from the Commissioner of Indian Affairs, transmitting a report from the chairman of said commission relative to the matter. Inasmuch as said departmental letters were prepared in your office, said report and inclosures are transmitted herewith, with a request that you give the Department your opinion and advice in the premises and the action which ought to be pursued. Respectfully, Thos. Ryan, Acting Secretary. No. 55. Department of the Interior, Office of the Assistant Attorney-General. Washington, November 25, 1903. The Secretary of the Interior. Sir: With report of November 11, 1903, the Commission to the Five Civilized Tribes submitted a schedule of lands selected by the Delaware Indians, in the Cherokee Nation, to be segregated under the provisions of section 23, of the act ap- proved July 1, 1902 (32 Stat. L., 716), and under date of November 14, 1903, the chairman of the commission submitted a further report. The matter has been re- ferred to this office by note of November 19, 1903, in which, after a reference to departmental letters of October 6 and 29, 1903, it is said: "Inasmuch as said departmental letters were prepared in your office, said reports and inclosures are transmitted herewith, with a request that you give the Depart- ment your opinion and advice in the premises and the action which ought to be pursued." April 20, 1903, the Commission made a report of its action under said section 23 of the act of July 1, 1902 (supra), in which it was said that a schedule of lands selected 56 ALLOTMENT OF LANDS TO DELAWARE INDIANS. by the Delawares had been accepted by the Commission as a proper list to be segre- gated. It was further stated, however, that the Commission had been advised that there an' "numerous other Delaware citizens whose improved lands are not included within the said segregation;" thatanumber of Cherokee citizens had made applica- tion tor allotments of lands embraced in said schedule, claiming to have been in posses- sion of such lands, and that no Delaware citizen ever occupied such lands or owned any improvements thereon, and that the lands embraced in said schedules "have not been selected with due regard for the interests of either the Delaware citizens generally or other citizens of the Cherokee Nation." While the Department had this report under consideration, suit was begun in behalf of the Delaware Indians to enjoin the Secretary of the Interior from in any manner interfering to change said list, and a temporary restraining order was issued. Upon final hearing of the case this temporary order was discharged and the injunction denied. Thereupon the Department, October 6, 1903, issued instructions to the Com- mission to the Five Civilized Tribes, in which it was said: " It seems clear that the list or schedule of lands does not meet the requirement of the statute in that it does not include all the lands which have been selected and occupied by Delawares and in that it does include lands which no Delaware has selected and occupied, but to which other Cherokee citizens have claims based upon alleged settlement and improvements thereon. You will therefore proceed at once to make such examination and investigation as will enable you to determine what tracts should be added to said list and what tracts now embraced therein should be excluded, care being taken to make the list cover the full quantity of land required to be segre- gated. You will as soon as possible report the results of such investigation, with suitable recommendations in the premises. In the meantime, and until the segre- gation shall have become effective, you will suspend all proceedings looking to the allotment of lands in the Cherokee Nation." October 29, 1903, further instructions were given, as follows: "In order that the Department may have a better understanding of the condition of affairs, and to the end that speedy action may be taken when you shall submit a new list for action by the Department, these further instructions are given: You will at your earliest convenience make up a list of the tracts embraced in the former list which, as shown by the records of your office, are claimed and occupied by Dela- ware Indians, and to which there are no adverse claims. You will make another list, which shall embrace all tracts claimed by Delaware Indians, but not included in the list heretofore presented to you. You will make a third list embracing the tracts included in the list heretofore presented, to which some Cherokee citizen other than a Delaware makes claim. You will transmit with each of these lists a state- ment of the condition of the tracts embraced therein as to the occupancy thereof and improvements thereon so far as the same are known to you, and will also recom- mend what action should be taken by the Department upon each of such lists. "These instructions are not intended to supersede those of October 6, and you will therefore proceed upon any line of examination and investigation which may have been entered upon under those instructions." The list now submitted is the same as that before presented to the Department, and the Commission still says that there are errors in that list and that "an amend- ment ought to be made to said segregation at the proper time, embodying all the corrections which shall be found necessary." They, however, recommend that the list as it now stands be now approved, leaving the corrections to be made hereafter. So far as appears from the papers submitted, the Commission has taken no action under the instructions of October 6 and 29. The Department is still without any definite information as to the extent of the errors in this list or as to the number of people affected thereby. The statements made are general and indefinite, to the effect that numerous Delaware citizens are not protected by said list, and that a num- ber of Cherokee citizens are affected thereby. The information is altogether too indefinite to enable the Department to determine the seriousness of the errors in said list. It was evidently to obviate this difficulty that the instructions of October 29 were given. If the Department approves the schedule submitted it will do so with the knowl- edge that it is inaccurate and with the understanding that steps should he taken at once to make corrections. Under these conditions I am not prepared to advise approval of said list at this time. If the Commission shall hereafter submit reports under the instructions heretofore given it, which show that the errors are few and of small consequence, it may well be that the Department will be justified in giving its approval of the list as it now stands and making the corrections afterwards. If, how- ever, such reports should show that the errors are numerous, and a large number of people are affected thereby, the Department would not, in my opinion, be justified ALLOTMENT OF LANDS TO DELAWARE INDIANS. 57 in adopting this schedule before corrections were made. My advice, therefore, is that the Commission be instructed to make the reports called for by letters of Octo- ber 6 and 29, in order that the Department may be more fully advised in the prem- ises and in a position to take intelligent action. The papers submitted are returned herewith. Very respectfully, F. L. Campbell, Assistant Attorn ey-( feaeral. Approved: E. A. Hitchcock, Secretary. Ko. 56. Washington, November 25, 1903. Dawes Commission, Muscogee, Ind. T.: Referring your report 11th instant concerning selection of Delaware lands, I have this day approved opinion Assistant Attorney-General, recommending that you make the reports called for by departmental letters October 6 and 29 last. Copy of said opinion follows by mail, with letter of advice. E. A. Hitchcock, Secretary. (No. 57.) November 28, 1903. Gentlemen: There is inclosed herewith copy of a communication from the Assist- ant Attorney-General, dated November 25, 1903, approved by me same day, con- cerning your report dated November 11, 1903, submitting a schedule of lands selected by the Delaware Indians in the Cherokee Nation, to be segregated under the provi- sions of section 23 of the act approved July 1, 1902 (32 Stat. L., 716), and referring to the report of the chairman of the Commission, dated November 14, 1903, concerning the same matter. Reference is made by the Assistant Attorney-General to departmental instructions of October 6, 1903, wherein you were directed to "proceed at once to make such examination and investigation as will enable you to determine what tracts should be added to said list and what tracts now embraced therein should be excluded, care being taken to make the list cover the full quantity of land required to be segregated." The instructions contained in departmental letter of October 29, 1903, directing you to transmit three lists, are quoted by the Assistant Attorney-General, and it is expressly stated that said instructions were not intended to supersede those of Octo- ber 6, from which the above quotation is made. N<> special directions were given you in either of said letters as to the manner or method in which you should make the investigation desired. It is believed by the Department that your Commission, with its trained and experienced employees, can secure the information and make the reports called for by said departmental instructions of October 6 and 29 without serious difficulty or great delay. It will be necessary that the list of the lands to be segregated shall contain all the "lands which have been selected and occupied by Delawares in con- formity to the provisions of their agreement with the Cherokees dated April eighth, eighteen hundred and sixty-seven," and if the amount of such lands should not equal the 157,600 acres required by law to be segregated, then there should be included in said list other lands not occupied or claimed adversely by Cherokees not Delawares. It seems to be imperative that the list of Delaware lands submitted by you for seg- regation should contain all the lands duly "selected and occupied" by the'Delawares. It certainly will not be difficult to secure satisfactory reports of the condition of those tracts of land not included in the previous list which are claimed by Delawares, nor does the Department believe that it will be necessary for your Commission to have formal hearings to determine the rights of adverse claimants to tracts selected and occupied by the Delawares. Whether a tract of land is "occupied" or not can be ascertained by actual inspection, and if occupied the essential facts relative to such occupancy, sufficient for the purpose to be attained, can probably be discovered by intelligent inquiry. In this connection it should be borne in mind that, for obvious reasons, expedition in the matter is of great importance. It will be sufficient if you secure satisfactory reports from your trusted employees, which will enable you to present a list of 157,600 acres containing all the lands selected and occupied by Dela- wares, provided the same do not exceed the amount of 157,600 acres required by law 58 ALLOTMENT OF LANDS TO DELAWARE INDIANS. to be segregated, and in like manner you can obtain the information which will enable yon to transmit the other lists referred to in said departmental letters. You will therefore proceed as soon as possible to cany out the instructions of the Department in the manner above indicated. The papers transmitted with your letter of November 11 are also inclosed, together with copies of the reports of the Commissioner of Indian Affairs, transmitting the same. Respectfully, E. A. Hitchcock, Secretary. The Commission to the Five Civilized Tribes. No. 58. Department of the Interior, Washington, November 28, 1903. The Commissioner of Indian Affairs. Sir: Inclosed herewith for your information is a copy of departmental letter of even date sent to the Commission to the Five Civilized Tribes, directing it to make report concerning segregated Delaware lands in the Cherokee Nation. Respectfully, Thos. Ryan, Acting Secretary. No. 59. Department of the Interior. Washington, December 10, 1903. Commissioner of Indian Affairs. Sir: There is inclosed herewith for your information a copy of the opinion of the Assistant Attorney-General for the Department, under date of November 25, 1903, in the matter of the segregation of lands selected by Delaware Indians in the Cherokee Nation under act of July 1, 1902 (32 Stat. L, 716). Said opinion was approved by the Secretary. Respectfully, Tuos. Ryan, Acting Secretary. No. 60. Department of the Interior, Office of Indian Affairs, Washington, April 30, 1903. The Secretary of the Interior. Sir: There is transmitted herewith the report of the Commission to the Five Civ- ilized Tribes relative to the work of the Commission performed during the month of March, 1903. The Commission, in transmitting this report to the Office, included therein what they no doubt considered a copy of said report, but upon examination the Office finds that the same is not a copy, but does seem to be a copy of the Com- mission's report of the work performed by it in the month of February, 1903. There is inclosed herewith the copy of said February report which has been on tile in the Office, so that the Department can compare this February copy wdth the intended copy of March, 1903. The attention of the Commission should be called to this matter and a copy of the report furnished by it for the files of this Office. The Office concludes, of course, that there was simply a mistake in transmitting what was supposed to be a copy of the inclosed report, and which in fact is not a copy thereof, and yet it will be noticed that the word "February" in said copy has been erased and the word "March" substituted therefor. In connection with the transmittal of these papers, the Office has to report that there are now 7 on tile in this Office and undisposed of the following citizenship cases: Cherokee 30 Intermarried Cherokees 57 Creek 4 Choctaw 79 Chickasaw : 1 Mississippi Choctaw 99 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 59 There is also one Creek land-contest case on file in the Office, that of Boss Hawkins v. Ellen Hawkins, which was appealed from the decision heretofore rendered therein and is now awaiting the decision of the Department in the matter of the application of said Ross Hawkins for citizenship in the Creek Nation. Very respectfully, A. C. Tonxer, Acting Commissioner. No. 61. Muscogee, Ixn. T., April 16, 1903. The Secretary of the Interior. Sir: We have the honor to respectfully submit herewith the following statement of the work of the Commission to the Five Civilized Tribes for the month of March, 1903: ******* CHEROKEE ALLOTMENT DIVISION. During the month of March, 1903, 1,204 tickets of admission to the Cherokee land office were issued, making a total of 6,690 tickets issued since the office was opened on January 1, 1903. Approximately 3,000 tickets have been called. Of this number only 1,705 have responded. Six hundred and thirty-one citizenship certificates, embracing 1,521 applicants, and 332 reservation certificates, embracing 659 applicants, were issued during the month of March. Applications for 2,642 allotments and homesteads were received during March. Of this number 1,775 were approved. The approval of 707 was withheld because the enrollment of the applicants as citizens of the Cherokee Nation had not been finally approved by the Secretary of the Interior; 103 because the land applied for had already been alloted, and 57 because the land applied for was embraced in the 157,600 acres of land which the Commission caused to be segregated for the Delaware Indians pending the determination of the suit now pending in the Court of Claims. Nine hundred and ninety-one certificates of allotment and 958 homestead certifi- cates have been written, and as soon as the allotments are entered thereon in color they will be submitted to the Commission for signature. During the month, 1,250 allotment certificates and an equal number of homestead certificates were submitted to the Commission for signature. Two hundred and fifty allotments and 250 homestead certificates were executed during the month, and in cases where no contest has been entered the certificates have been forwarded to the allottees. ALLOTMENT CONTEST DIVISION. The progress of the work in the allotment contest division during the month of March and the condition of contested allotment cases at the close of the month, as indicated by the records of that division, are shown by the following detailed statement: ******* Contests instituted prior to March 1 6 Complaints filed during March 43 Complaints returned for correction during March 27 Contests instituted during March 16 Total 22 Contests disposed of prior to March 1 Contests disposed of during March 1 Contests pending before the Commission March 31 21 Contests pending an appeal March 31 Total 22 60 ALLOTMENT OF LANDS TO DELAWARE INDIANS. The condition of the 21 cases pending before the Commission March .'51 was as fol- lows: Awaiting linal determination of citizenship 2 Set for trial 9 Awaiting final hearing in companion case 2 Awaiting issuance of notice < if c< mtest and summons 8 Total 21 Respectfully submitted. Tams Bixby, Chairman. T. B. Needles, Commissioner. C. R. Breckinridge, Commisioner. (Through the Commissioner of Indian Affairs.) No. 62. Department of the Interior, Washington, May 5, 190.3. Commission to the Five Civilized Tribes, Muscogee, Ind. T. Gentlemen: The Department is in receipt of your monthly report dated April 16, 1903, showing the work of your Commission for the month of March, 1903. The Acting Commissioner of Indian Affairs forwarded your said report on April 30, and calls attention to the fact that the copy purporting to have been inclosed is not a copy of the report for March, but apparently for February, 1903. He suggests that a copy of the March report be forwarded for the files of the Indian Office. A copy of the report is returned herewith, and you will forward a copy of the March report for the files of the Indian Office. Your report relative to the segregation of land for the Dela wares has been referred to the Assistant Attorney-General for this Department for his opinion relative to the authority and duty of the Department in the premises. As soon as an opinion is received you will be duly advised thereof. Respectfully, Thos. Ryan, Acting Secretary. No. 63. [Telegram.] Dewey, Ind. T., Mag 11, 1903. Hon. Thos. Ryan, Interior Department, Washington, D. C: Have you been able to consider the matter of Delaware segregated lands? If so, with what result? Richard C. Adams. No. 64. [Telegram.] Washington, May 11, 1903. Richard C. Adams, Dewey, Ind. T.: Answering telegram 11th instant, awaiting opinion of Assistant Attorney-General. Thos. Ryan, Acting Secretary. No. 65. [Telegram. Fort Scott, Kans., May 14, 1903. Thos. Ryan. Assistant Secretary Interior, Washington, D. C: Please wire me Coates House, Kansas City, full particulars Delaware segregated land matter; Indians anxious. Geo. L. Chase. ALLOTMENT OF LANDS TO DELAWARE INDIANS. 61 No. 66. [Telegram.] Washington, D. C, May 14, 1903. George L. Chase, Fort Scott, Kans.: Answering telegram 14th instant, matter referred to Assistant Attorney-General for opinion. Not yet received. Thos. Ryan, Acting Secretary. No. 67. [Telegram. Kansas City, May 15, 1903. Thomas Ryan, Acting Secretary Interior, Washington: Can you inform me to-day concerning Delaware lands? Answer court-house. R. C. Adams. No. 68. [Telegram. Washington, May 15, 1903. R. C. Adams, Care Court-House, Kansas City, Kans: Answering telegram 15th, opinion Assistant Attorney-General, to whom matter was referred, has not yet been rendered. Thos. Ryan, Acting Secretary. No. 69. [Telegram.] St. Louis, Mo., May 18, 1903. Hon. Thomas Ryan, Acting Secretary of Interior, Washington, D. C: Many Cherokees filing on Delaware lands. Delawares greatly excited and insist on court proceedings being brought. I prefer friendly action by Department, if pos- sible. Wire me situation Monday forenoon, Southern Hotel, St. Louis, so I can advise Chase in Territory immediately. Richard C. Adams. No. 70. [Telegram.] Washington, May 18, 1903. Richard C. Adams, Southern Hotel, St. Louis, Mo.: Replying to telegraphic inquiry 18th instant, the question as to validity of segrega- tion by Commission of claimed Delaware lands is under immediate consideration by Department. Thos. Ryan, Acting Secretary. No. 71. [Telegram.] St. Louis, Mo. , May 19, 1903. Thos. Ryan, Acting Secretory, Washington, D. C: Wire conclusions Delaware case Southern Hotel as soon as decided. Richd. C. Adams. 62 ALLOTMENT OF LANDS TO DELAWARE INDIANS. No. 72. [Telegram.] Washington, May 20, 1903. Richard C. Adams, Southern Hotel, St. Louis, Mo.: Answering telegram May 19, will advise you by telegram of the conclusion in the matter of Delaware case as soon as reached. Thos. Ryan, Acting Secretary. No. 73. Department of the Interior, Office of Indian Affairs, Washington, June 4, 1903. The Secretary of the Interior. Sir : I have the honor to transmit herewith report of the Commission to the Five Civilized Tribes of its work accomplished during the month of April, 1903. I recom- mend that the report be approved. Very respectfully, A. C. Tonner, Acting Commissioner. No. 74. [Extract from the report of the Commission to the Five Civilized Tribes, dated May 16, 1903.] The Secretary of the Interior. Sir: We have the honor to submit herewith the following statement of the work of the Commission to the Five Civilized Tribes for the month of April, 1903: * ****** CHEROKEE ALLOTMENT DIVISION. Approximately 1,000 tickets of admission to the Cherokee land office were issued during the month of April, making a total of 7,800 issued since the office was estab- lished, on January 1, 1903. Of this number, 300 were issued to full-blood Cherokees, and entitled the holders to appear at the land office at any time and make applications for their allotments. Of the 7,800 tickets issued, approximately 2,500 have been presented at the land office. Applications for 2,384 allotments and homesteads were received during April. Of this number 1,518 were approved. The approval of 637 was withheld because the enrollment of the applicants as citizens of the Cherokee Nation had not been finally approved by the Secretary of the Interior; 154 because the land applied for had already been allotted; 63 because the land applied for was embraced in the 157,600 acres of land which the Commission caused to be segregated for the Delaware Indians, and 12 because the land applied for was embraced in various tentative reservations theretofore made. During the month of April, 1903, 149,715.61 acres of land, valued at $532,187.06, were allotted to citizens of the Cherokee Nation. Approximately 750 allotment certificates and an equal number of homestead certifi- cates have been written, and as soon as the allotments have been shown thereon in color will be forwarded to the applicants. Five hundred allotment certificates and an equal number of homestead certificates which had been executed by the Commission were forwarded to the allottees in such cases as contest had not been entered or other objection found to exist. Conformable to the plan theretofore advertised throughout the Cherokee Nation, the land office was on April 30 removed from Vinita to Tahlequah, Ind. T., there to be maintained indefinitely. During the period of four months that the Cherokee land office was located at Vinita, Ind. T., allotments were made to 6,813 persons. A number of the applicants presented themselves a second time and applied for additional lands, making a total of 7,987 applications for allotments received at Vinita. Of this number 5,293 were approved. The approval of 2,148 was withheld because the enrollment of the appli- cants as citizens of the Cherokee Nation had not been finally approved by the Secre- tary of the Interior; 343 because the land applied for had already been allotted to ALLOTMENT OF LANDS TO DELAWARE INDIANS. 63 other citizens; 176 because the land applied for was embraced in the 157,600 acres of land which the Commission caused to be segregated for the Delaware Indians pending the final determination of the suit instituted by the Delawares against the Cherokee Nation, and 27 because the land applied for was embraced in tentative reservations theretofore made for certain towns and other purposes in the Cherokee Nation. ALLOTMENT CONTEST DIVISION. The progress of the work in the allotment contest division- during the month of April and the condition of contested allotment cases at the close of the month, as indicated by the records of that division, are shown by the following detailed statement: ******* CHEROKEE NATION. Contests instituted prior to April 1 22 Complaints filed during April 120 Complaints returned for correction during a April 27 Contests instituted during April 93 Total 115 Contest disposed of prior to April 1 1 Contest disposed of during April 1 Contests pending before the Commission April 30 112 Contest pending before the Department April 30 1 Total 115 The condition of the 112 Cherokee contest cases pending before the Commission on April 30 was as follows: Set for trial 46 Awaiting final determination of citizenship 23 Involved in Delaware segregation 6 Awaiting action on complaint 27 Awaiting decision 8 Awaiting issuance of notice of dismissal 1 Continued indefinitely 1 Total 112 The Cherokee case pending before the Department on April 30 was awaiting action of the Department as to ordering a hearing on the complaint. * * * Respectfully submitted. Tams Bixby, Chairman, T. B. Needles, C. R. Breckinridge, (Through the Commissioner of Indian Affairs.) Commissioners. No. 75. Department of the Interior, Wash i ngton, .June 6, 1903. Commissioner of Indian Affairs. Sir: Referring to the Acting Commissioner's communication of June 4, 1903, there is inclosed departmental letter, to be forwarded to the Commission to the Five Civ- ilized Tribes, approving, as recommended by the Acting Commissioner, its report of work done during the month of April, 1903, by the Commission. By departmental letter of December 22, 1900, your attention was invited to the statement in the Commission's monthly report for November, 1900, as to the number of contests pending on appeal, and it was stated that — "The Department desires that hereafter your office should report upon the status of the appeals and other matters transmitted by the Commission for the considera- tion of the Department, when you transmit the report of the Commission." 64 ALLOTMENT OF LANDS TO DELAWARE INDIANS. You are requested to make a report, as heretofore directed, upon the matters con- tained in said report of the Commission concerning the status of appeals, etc. Respectfully, Tuos. Ryan, Acting Secretary. No. 76. Department of the Interior, Washington, June6, 1903. Commission to the Five Civilized Tribes, Muscogee, Ind. T. Gentlemen: The Department is in receipt of your report of May 16, 1903, giving a statement of the work of the Commission for the month of April, 1903. In accordance with the recommendation of the Acting Commissioner of Indian Affairs, said report is hereby approved. A copy of the Acting Commissioner's letter, dated June 4, is inclosed. Respectfully, Thos. Ryan, Acting Secretary. No. June 5, 1903. The Attorney-General. Sir: Inclosed herewith I hand you a copy of a subpoena served upon me as Secre- tary of the Interior, in the case of George Bullette et al. v. E. A. Hitchcock et al., No. 23991, equity docket 53, in the supreme court of the District of Columbia; also copy of the bill filed by the plaintiffs in said suit. I should be very much pleased if you would designate counsel to appear in behalf of the Government in this matter, which you will notice is set down for hearing on the 19th instant. The Department will take pleasure in furnishing all information in its possession necessary to the proper representation of the defendants herein Very respectfully, E. A. Hitchcock, Secretary. No. 78. Department of Justice, Washington, D. C, June 8, 1903. The Secretay of the Interior. Sir: I have the honor to acknowledge the receipt of your letter of the 5th instant inclosing copies of the bill in the case of George Bullette et al. v. E. A. Hitchcock et al., No. 23991, equity docket 53, in the supreme court of the District of Columbia, and to say that in accordance with your request I have to-day directed the United States attorney for the District of Columbia to appear on your behalf in the case. Respectfully, P. C. Knox, Attorney-General. No. 79. n the supreme court of the District of Columbia. Holding an equity court. George Bullette, Henry Armstrong, John H. Secondyne, John Young, John Sarcoxie, jr., and Richard C. Adams, on their behalf and on behalf of the Delaware tribe of Indians, residing in the Indian Territory, and George Bullette, Henry Armstrong, John Young, and John Sarcoxie, jr., a business committee duly appointed by the members of the tribe of Delaware Indians, complainants, v. Ethan Allen Hitch- cock, Secretary of the Interior, and Tarns Bixby, Thomas B. Needles, Clifton R. Breckinridge, and William E. Stanley, members of and composing the Commission to the Five Civilized Tribes, defendants. In equity, No. 23991. Answer of the defendant, Ethan Allen Hitchcock, as Secretary of the Interior, to the bill <;/" complaint. The defendant, Ethan Allen Hitchcock, as Secretary of the Interior, now and at all times hereafter saving and reserving to himself all manner of benefit and advan- tage of exception to the many errors and insufficiencies in the complainant's said bill of complaint contained for answer thereunto, or to so much of such parts thereof as this defendant is advised is material for him to make answer unto, answers and says: ALLOTMENT OF LANDS TO DELAWARE INDIANS. 65 I. This defendant neither admits nor denies the allegations of the first paragraph of the bill of complaint, and calls for strict proof thereof. II. This defendant admits the allegation of the second paragraph of the bill of complaint. III. This defendant denies that the Delaware Indians are a band of the Cherokee tribe or nation, or that since the 8th day of April, 1867, they have preserved their tribal organization, or have maintained their tribal laws, customs, and usages, as set forth in the third paragraph of the bill of complaint, but admits that said Delaware Indians, as individuals, became and are citizens of the Cherokee Nation by virtue of the agreement of April 8, hS67. 1Y. This defendant, answering the allegations set forth in the fourth paragraph of the bill of complaint, denies that an agreement was entered into by and between the Cherokee Nation of Indians and the Delaware tribe of Indians, then living in Kansas, whereby said Cherokee Nation sold to the Delawares an amount of land east of the ninety-sixth degree, as alleged in said paragraph four; and further answering the allegations set forth in said paragraph, he alleges that on the 8th day of April, 1867, the ( Jherokee Nation agreed to sell to the Delawares, for their occupancy, the quantity of land named in said paragraph, upon the terms and conditions therein set forth; and further answering the allegations set forth in said paragraph, defendant admits each ami every of them not heretofore denied; and further answering the allegations set forth in said paragraph, this defendant further alleges that the said 157,600 acres of land mentioned and described in said paragraph has not been set apart or segregated. V. This defendant admits the allegations set forth in the fifth paragraph of the bill of complaint. VI. This defendant, answering the allegations set forth in the sixth paragraph of the bill of complaint, alleges that there has been no segregation of the 157,600 acres of land mentioned and described therein, and as to the other allegations set forth in said paragraph, the same are admitted. VII. VIII, and IX. This defendant admits the allegations set forth in the seventh, eighth, and ninth paragraphs of the bill of complaint. X. This defendant, answering the allegations set forth in the tenth paragraph of the bill of complaint, alleges that by section 22 of the act of June 1, 1902 (32 Stat., 716, 718), exclusive jurisdiction is conferred upon the Commission to the Five Civi- lized Tribes, under the direction of the Secretary of the Interior, to determine all matters relative to the appraisement and allotment of the lands in said act provided for; and this defendant, further answering the allegations set forth in said paragraph, admits that under section 69 of said act, alter the expiration of nine months from the date of the original selection of any allotment by or for any Cherokee citizen, no contest should be instituted against such selection, and that as early thereafter as practicable a patent should issue therefor. XI and XII. This defendant is advised by counsel that the allegations set forth in the eleventh and twelfth paragraphs of said bill of complaint are matters of law, and not necessary to be answered. XIII. This defendant, answering the allegations set forth in the thirteenth para- graph of the hill of complaint, alleges as follows: That on December 16, 1902, there was filed w ith the Commission to the Five Civilized Tribes a list or schedule of lands aggregating 157,600 acres, alleged to have been theretofore selected by the Delaware Indians and claimed by them under their agreement with theCherokee Nation dated April S, 1867; that thereafter, and on December 17, 1902, said Commission, by resolu- tion, instructed Tains Bixbv, defendant herein, and who was at the time acting chair- man of said Commission, to cause to be set aside and segregated the lands designated and described in said list or schedule; that thereafter, and in compliance with said resolution, said defendant Bixby, as acting chairman of the said Commission, caused the tracts described in said schedule to be marked on maps or plats of lands within the Cherokee Nation, on tile in the office of the Commission, as set aside under said section 23 of the act of July 1, 1902; that thereafter, and upon further examination, the said Commission to the Five Civilized Tribes discovered numerous errors in said list or schedule and called the attention thereto of the person who had theretofore filed the same; that thereafter, and on January 23, 1903, the said Commission received from a person claiming to be a representative of the Delaware tribe of Indians an alleged corrected list or schedule of lands selected I >v them, aggregating about 157,600 acres, in the Cherokee Nation; that thereafter the list or schedule filed on December 16, 1902, was corrected to correspond with the list or schedule as filed on January 23, 1903, and said corrected list or schedule was accepted by said Commission as a proper designation of the lands to be selected and segregated under the provisions of said section 23 of the act aforesaid; that thereafter a number of Cherokee citizens not Delawares complained to the Commission that the list or schedule so corrected embraced a large quantity of S. Doc. 104 5 66 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Lands which had theretofore been in their possession and upon winch they had made improvements and which had not been occupied or improved by the Dela wares or any of them; that since the filing of said list or schedule as corrected a number of Delaware Indians have made complain! to the Commission that said corrected list or schedule did nut include lands which had theretofore been selected and occupied by them, and they then made request to the Commission to he allowed to make final selections of lands containing improvements upon which they resided and which were not included in said corrected list or schedule; that since the acceptance of said corrected list or schedule the < '. mi mission has discovered that it includes lands which were by law reserved for town site and other purposes, and not subject to he set apart ami segregated under the provisions of said section -'■',. This defendant further alleges that the lands designated and described in the afore- said corrected list or schedule were not selected with due regard for either the Dela- ware citizens generally or other citizens of the Cherokee Nation, and that said corrected list or schedule embraces lands which bylaw are reserved for town site and other purposes under the provisions of section 24 of the aforesaid act of July 1, 1902. This defendant further alleges that on April 20, 1903, the Commission made report of its acts and proceedings with respect to the riling and acceptance of the aforesaid list or schedule of lands to the Secretary of the Interior for his approval, which report was received by the defendant as Secretary of the Interior on April 30, 1903, and has not been fully considered by him, nor have the acts and proceedings of the Commission, as set forth in this paragraph of the answer of this defendant, received his approval as Secretary of the Interior; neither has he accepted or approved said corrected list or schedule as a proper description and designation of the lands required by said section 23 to he segregated. XIV. This defendant is advised by counsel that the allegations set forth in the fourteenth paragraph of the bill of complaint are matters of law, and not necessary to be answered. XV. Answering the allegations as set forth in the fifteenth paragraph of the bill of complaint, this defendant denies that the Commission. to the Five Civilized Tribes now claims to have the right to receive applications for the allotment of lands desig- nated and described in the lists referred to in paragraph 13 of the bill of complaint, or now claims to have the right, upon the filing of any such applications, to consider that the individual Delawares are barred and foreclosed of any interest in the 157,600 acres of land to be segregated by section 23 of the act of Congress of July 1, 1902. XVI. This defendant admits that the suit referred to in paragraph 16 of the bill of complaint is pending in the Supreme Court of the United States, and denies each and every other allegation in said paragraph. XVII. This defendant denies that the Commission and the Secretary of the Interior, or either of them, has disregarded any protest made to them or to either of them by the Delaware Indians, or any agent thereof, as alleged and set forth in the seventeenth paragraph of the bill of complaint, and alleges that all protests made to said Commission and to the Secretary were being considered by this defendant, as Secretary of the Interior, in connection with the acts and proceedings of said Com- mission under said section 23 of the act of July 1 , 1902, at the time of the filing of the bill of complaint herein, and that appropriate action thereon and on such acts and proceedings of said Commission has not been taken because of the issuance of the temporary restraining order herein. XVIII. This defendant is advised by counsel that the allegations set forth in the eighteenth paragraph of the bill of complaint are matters of law, and not necessary to be answered. XIX. For answer to the nineteenth paragraph of the bill of complaint, this defend- ant alleges that there has been no segregation of the 157,600 acres of land, and in this connection refers to paragraph thirteen of this answer. He denies that the said Commission has-done any acts to interfere with or prejudice the rights of the com- plainants, or either of them, to any lands in the Cherokee Nation to which they are entitled, or that he, as such Secretary of the Interior, has done any acts or threatened to do any acts which in any way interfere with or prejudice the rights of the com- plainants, or either of them, to any of the lands claimed by them in the Cherokee Nation. NX. With respect to the allegations set forth in the twentieth paragraph of the bill of complaint, this defendant says that when the segregation of lands provided for in section 23 of said act of July 1, 1902, is made and approved, no allotments will be made of any lands included in said segregation until the suit mentioned in said sec- tion 23 is finally determined, nor will any action be taken by said Commission, or by this defendant as Secretary of the Interior, which will in any way prejudice the rights of the Delaware Indians to the lands included in said segregation. XXI. This defendant, answering the allegations set forth in the twenty-first para- ALLOTMENT OF LANDS TO DELAWARE INDIANS. 67 graph of the bill of complaint, alleges that he has not sufficient knowledge or infor- mation upon which to base a belief as to the truth of said allegations, and therefore denies the same. XXII and XXIII. This defendant is advised by counsel that the allegations set forth in the twenty-second and twenty-third paragraphs of the bill of complaint are matters of law, and not necessary to be answered. XXIV. Answering the allegations set forth in the twenty-fourth paragraph of the bill of complaint, this defendant denies that any acts of said Commission, or of this defendant as such Secretary of the Interior, have caused or will cause a multiplicity of suits, or have caused or will cause any loss, inconvenience, or damage whatever to the complainants, or any of them. XX V. Answering the allegations set forth in the twenty-fifth paragraph of the bill of complaint, this defendant alleges, as he has heretofore alleged in the thirteenth paragraph of this answer, that no segregation as required by law has been made. And further answering the allegation set forth in said paragraph, this defendant denies that the Commission has unlawfully permitted an application to be tiled with respect to the lands claimed by Richard C. Adams, or that any contest has been initiated with respect to the same. And this defendant further alleges that if any person or persons have gone upon, taken possession of, or committed acts of trespass or waste with respect to any lands claimed by said Richard C. Adams, or threatened injury to said lands and premises claimed by him, such acts and proceedings upon the part of third persons have been done and performed without the knowledge and consent of this defendant or of said Commission. XXVI. Answering the twenty-sixth paragraph of the bill of complaint, this defend- ant alleges, as he has heretofore alleged in the thirteenth paragraph hereof, that no segregation of 157,600 acres of land has been made, as required by law. XXVIJ. Answering the allegations as set forth in paragraph 26J of the bill of complaint, this defendant admits that by the several acts of Congress creating and defining the powers of the Commission to the Five Civilized Tribes, and all the acts and proceedings of said Commission under said laws, are subject to the direction of the Secretary of the Interior; and this defendant denies that the acts and proceedings of the Commission with respect to said lists or schedules of land received by said Commission, as heretofore mentioned, were done by the direction and with the approval of this defendant as such Secretary of the Interior. XXVII, XXVIII, and XXIX. This defendant is advised by counsel that the alle- gations set forth in the twenty-seventh, twenty-eighth, and twenty-ninth paragraphs of the bill of complaint have all been sufficiently answered. And further answering the bill of complaint, this defendant, as such Secretary of the Interior, alleges that this defendant, as such Secretary of the Interior, and the Commission to the Five Civilized Tribes of Indians constitute a special tribunal whose duty it is to segregate and allot the lands in the Cherokee Nation; that the performance of this duty requires upon the part of said tribunal the exercise of judgment and discretion; that the segregation provided for in section 23 of the act aforesaid, before it is complete or effective, must be approved by this defendant as such Secretary of the Interior; that this duty involves upon his part as such Secre- tary the exercise of judgment and discretion, and is not, as he is advised, subject to review, control, or interference by the judicial branch of the Government in injunc- tion proceedings; and this defendant prays the same benefit of his defense as if he had formally demurred to the bill upon the ground thereof; all which matters and things in this answer contained this defendant is ready to aver, maintain, and prove as this honorable court shall direct, ami humbly prays to be hence dismissed with his reasonable costs and charges in this behalf most wrongfully sustained. E. A. Hitchcock, Secretary of the Interior. Morgan II. Beach, Solicitor for Defendant, Ethan Allen Hitchcock. United States of America, District of Columbia, ss: Ethan Allen Hitchcock, being duly sworn, deposes and says that he has read the foregoing answer subscribed by him and knows the contents thereof; that the facts therein stated of his own knowledge are true, and those stated upon information and belief he believes to be true. E. A. Hitchcock. Subscribed and sworn to before me this 19th day of June, 1903. [notarial seal.] W. Bertrand Acker, Notary Public in "ad for the District of Columbia. 68 ALLOTMENT OF LANDS TO DELAWARE INDIANS. No. 80. In the supreme court of the District of Columbia. George Bullette et al., complain- ants, v. Ethan Allen Hitchcock, Secretary of the Interior, et al, defendants. In equity, No. 23991. Now come the complainants and by their solicitors move the court for leave to amend their bill of complaint by adding to Paragraph XIII thereof the following averments: That the arts anil proceedings of said Commission and of the Commissioner of Indian Affairs, and of the defendant, the Secretary of the Interior, in the administra- tion and execution of the provisions of said section 23 of said act of Congress are fully set forth in the report of the said Commission dated October 20, 1902, and in the report of the Commissioner of Indian Affairs dated November 22, 1902, and in the letter of the defendant, the Secretary of the Interior, relating thereto, dated November 29, 1902, and in the report of said Commission dated March 27, 1903, and in the report of the Commissioner of Indian Affairs dated March 27, 1903, and in the letter of the defendant, the Secretary of the Interior, relative thereto, dated March 31, 1903, and in the report of said Commission dated April 20, 1903, and in the reports of the Commissioner of Indian Affairs dated April 28 and April 30, 1903, the report of the Commission dated March 17, 1903, the report of the Commissioner of Indian Office March 27, 1903, action and letter of Secretary of Interior March 31. 1903, report of Commission, April 16, 1903, report of Indian Office, April 30, 1903, report of Commission, May 16, 1903, Secretary's letter thereon, June 6, 1903, copies of which reports and letters are filed herewith and made part hereof, and are marked respec- tivelv Delaware Exhibits "A," "B," "C," "C ! ," "C 2 ," "C 3 ," "C*," "C\" "D," "E," "F," "G," and "II. That it appears from said reports and letters and the fact is that the segregation of said 157,600 acres of land was made and completed by said Commission as required by the provisions of said section 23 in the month of December, 1902, and was held and considered by the said Commission and by the Secretary of the Interior as having been made and completed by said Commission and by the Secretary of the Interior, and was in fact then approved and considered to have been approved by the Secre- tary of the Interior, and thereupon, and after said segregation had been made, and because it was held by the Secretary of the Iuterior to have been made in compliance with the law, the said Commission proceeded, under the direction and with the approval of the defendent, the Secretary of the Interior, to the allotment of the remaining lands as authorized and required by said act, and on or about the 1st of January, 1903, said Commission opened the land office at Vinita, Indian Territory, for the purpose of receiving applications from Cherokees for lands other than those so segregated and making allotments therefor; that after said land office was opened as aforesaid — during the months of January and February, 1903 — more than 1,600 applications were tiled and more than 1,300 allotments were made and reported and the report thereof approved by the defendent, the Secretary of the Interior; that said office continued open until the time of filing this suit — in June, 1903— during which time more than 8,000 applications, covering more than M00, 000 acres of land, were made, and more than 5,000 allotments, covering over 500,000 acres of land, were reported, and the records thereof were approved by the defendant, the Secretary of the Interior. And that the approval of said allotments was based upon and followed the segre- gation of said land as aforesaid and could not have been legally made, and would not have been, and would not be valid if said segregation has not been made as required by the terms of said section 23 as preliminary and as a prerequisite to the making of said allotments. Walter S. Logan, Nathl. "Wilson, George S. Cii \si:. Solicitors. District of Columbia, ss: Eichard C. Adams, being first duly sworn, deposes and says that he has read the foregoing and proposed amendment to the bill of complaint in the above-entitled case; that the facts therein stated as of his own knowledge are true, and thosa stated on information, derived from others, he believes to be true. Richard C. Adams. Subscribed and sworn tr before me this 23d day of June, A. D. 1903. < rEORGE F. GRAHAM, Nuti Public, District Columbia. ALLOTMENT OF LANDS TO DELAWAKE INDIANS. 69 Notice to Morgan H. Beach of calling up motion Friday, June 26, 1903, at 10 o'clock, before Mr. Justice Anderson. No. 81. In the supreme court of the District of Columbia, George Bullette et al., complain- ants, v. Ethan Allen Hitchcock, Secretary of the Interior et al., defendants. In equity, No. 23991. Ansiver of defendant, Ethan Allen Hitchcock, to tin amendment to the hill of complaint. Comes now the defendant, Ethan Allen Hitchcock, as Secretary of the Interior, and, saving and reserving to himself all manner of benefit and advantage of exception to the many errors and insufficiencies in the amendment to the complainants' bill of complaint, for answer thereto, or to so much of such parts thereof as he is advised is material for him to make answer unto, alleges as follows: (1) Defendant, as such Secretary, denies that the acts and proceedings of the Commission to the Five Civilized Tribes of Indians, and of this defendant as Secretary of the Interior, or either of them, in the administration and execution of the provi- sions of section 23 of the act of July 1, 1902 (32 Stat., 716, 718), are fully set forth in the report of the Commission of October 30, 1902, the report of the Commissioner of Indian Affairs of November 22, 1902, the letter of this defendant, as such Secre- tary, of November 29, 1902, the report of the Commission of March 17, 1903, the report of the Commissioner of Indian Affairs of March 27, 1903, the letter of this defendant, as such Secretary, of March 30, 1903, the report of the Commission of April 20, 1903, and the reports of the Commissioner of Indian Affairs of April 28 and April 30, 1903, as alleged and set forth in said amendment to the complainants' hill of complaint. (2) Defendant, as such Secretary, denies that there has been any segregation of 157,600 acres of land, or that from said reports and letters, or from either or any of them, it appears that the segregation of 157,600 acres of land was made and completed by the Commission as required by the provisions of said section 23 of the act of July 1, 1902, or that it appears from said reports and letters, or from either or any of them, that it was held and considered by the Commission or by the Secretary of the Inte- rior, or either of them, as having been made and completed by said Commission and by the Secretary of the Interior, or either of them, or was in fact approved or con- sidered to have been approved by the Secretary of the Interior, as alleged and set forth in the amendment to said hill of complaint. (3) Defendant, as such Secretary, denies that the Commission to the Five Civilized Tribes proceeded to the allotment of any of the lands in the Cherokee Nation under the direction and with the approval of this defendant, as such Secretary of the Inte- rior, as alleged and set forth in the amendment to said hill of complaint. (4) This defendant, as such Secretary, further answering the allegations in the amendment to the hill of complaint, alleges that on or about the 1st day of January, 1903, (he Commission to the Five Civilized Tribes of Indians opened a land office at Vinita, Ind. T., for the purpose of receiving and passing upon applications from Cherokee citizens not I Via wares for lands in the Cherokee Nation; that thereafter, and until the filing' of the bill of complaint herein, the Commission received and passed upon applications for allotments made by members of the Cherokee Nation not Delawares, but no applications for allotments thus received and passed upon by said Commission have been approved by this defendant as such Secretary of the Interior; that at the time of the filing of the bill of complaint herein this defendant, as such Secretary, was considering the acts and proceedings of said Commission in so receiving and passing upon allotments, in order to determine whether said acts and proceedings were in conformity with the requirements of the aforesaid act of July 1, 1902. (5) This defendant, as such Secretary, further alleges that the title to all the lands in the Cherokee Nation is still held by said nation; that until the title to lands em- braced in any segregation provided for in section 23 of the act aforesaid has passed from said nation, this defendant, as such Secretary, has under the law full power and authority to correct, modify, annul, vacate, or set aside, any segregation of lands in the Cherokee Nation theretofore made by the Commission, notwithstanding said segregation may have received the approval of this defendant as such Secretary; and further, that this defendant as such Secretary, until the title to the lands embraced in any allotment has passed from the Cherokee Nation, has full power and author- ity to correct, modify, annul, vacate, or set aside, any allotment received and passed TO ALLOTMENT OF LANDS TO DELAWARE INDIANS. upon by tin- Commission, notwithstanding the allotment may theretofore have been approved by this defendant as such Secretary of the Interior, and this defendant prays the same benefit of the defense alleged in this paragraph as it' he had Eormerly demurred to the bill upon the ground thereof. All of which matters ami things in this answer contained this defendant is ready to aver, maintain, and prove, as this honorable court shall direct, and humbly prays to be hence dismissed with reasonable costs and charges in this behalf most wrongfully sustained. Ethan A. Hitchcock, Secretary of the Interior. Morgan II. Beach, Solicitor for Defendant, Ethan Allen Hitchcock. United States of America, District of Columbia, ss: Ethan Allen Hitchcock, being duly sworn, deposes and says that he has read the foregoing answer to the amendment to the hill of complaint subscribed by him and knows the contents thereof; that the facts therein stated of his own knowledge are true, and those stated upon information and belief he believes to be true. Ethan A. Hitchcock. Subscribed and sworn to before me this 30th day of June, 1903. Wm. H. De Lacy, Notary Public [notarial SEAL.] No. 82. In the supreme court of the District of Columbia. Holding an equity court. George Bullette et al. on their own behalf and on behalf of the Delaware tribe of Indians residing in the Indian Territory, complainants, v. Ethan Allen Hitchcock, as Sec- retary of the Interior et ah, defendants. In equity, No. 23991. Affidavit of Ethan Allen Hitchcock in support of motion to dissolve temporary restraining orders. Ethan Allen Hitchcock, being first duly sworn, upon his oath doth depose and say: That he is and since the 20th day of February, 1899, has been Secretary of the Inte- rior; that as such Secretary he is one of the defendants in the above-entitled action; that the defendants, Tarns Bixby, Thomas B. Needles, Clifton R. Breckenridge, and William E. Stanley, are members of and constitute what is known as the Commission to the Five ( 'ivilized Tribes of Indians, provided for by section 16 of the act of March 3, 1893 (27 Stat:, 612, 645), and the amendments thereto; that as such Secretary of the Interior this deponent is charged by sections 441 and 463 of the Revised Statutes of the United States with the supervision and direction of all public business relating to the Indians, the management of Indian affairs, and the management of matters arising Out of Indian business, and by section 22 of the act of July 1, 1902, (32 Stat.. 716, 718), he is especially charged with the direction, supervision, and control of all matters in respect to the appraisement and allotment of lands within the Cherokee Nation. And deponent further says that by section 23 of the act last mentioned authority is conferred upon said Commission, under the direction of the Secretary of the Interior, to cause to be segregated 157,600 acres of land in the Cherokee Nation, including lands which have been selected and occupied by Delawares in conformity with the provisions of their agreement with the Cherokees dated April 8, LS<>7; that in making a list of lands to be so segregated it is incumbent upon said Commission to include therein any and all lands which have been selected and occupied by Dela- wares in conformity to the provisions of their agreement with the Cherokeesof April 8, 1867, and to exclude therefrom lands occupied and which have been improved by other Cherokee citizens, or any of them; also to exclude all lands set apart lor town sites by the provisions of the acts of June 28, 1898 (30 Stat., 495), May 31. 1900 (31 Stat., 221) and of July 1, 1902, supra; also to reserve all other lands as provided for in section 24 of the last-named act, and to forward a list of the lands so required to be segregated to the Secretary of the Interior for his approval. And this deponent further says that the segregation so required to be made before it is complete and effective must be approved by the Secretary of the Interior. Further, that on December Hi, 1902, said Commission permitted to be filed with it ALLOTMENT OF LANDS TO DELAWARE INDIANS. 71 by Walter S. Logan, claiming to be the attorney for the Delaware Indians, an alleged schedule or list of lands aggregating 157,600 acres within the Cherokee Nation, and on December 17, 1902, said Commission, by resolution, instructed its acting chairman to cause to be set aside and segregated the lands designated and described in said schedule or list, and thereafter said acting chairman caused the tracts so described in said schedule or list to he marked upon maps or plats of lands in the Cherokee Nation on tile in the office of said Commission as set aside under said section 23. That there- after and upon further investigation the said Commission discovered numerous errors in said schedule or list and called the attention of said Logan thereto. That on Jan- uary 23, 1903, the Commission received from Richard C. Adams, claiming to repre- sent the Delaware Indians, an alleged corrected schedule or list of lands selected by them, aggregating 157,600 acres in theCherokee Nation, and subsequently the schedule or list tiled by Logan was corrected to correspond with the schedule or list tiled by Adams; that thereafter the Commission made a report to this deponent, as such Sec- retary of the Interior, of its actions and proceedings with respect to the segregation of 157,600 acres of land in the Cherokee Nation, which report was received by him April 30, 1903, and stated, among other things, in effect that the Commission believed that the lands embraced in said lists or schedules had not been selected with due regard for the interests of either the Delaware citizens generally or other citizens of the Cherokee Nation, and that said lands had been selected without any intention whatever of conforming to the laws relating to the establishment of town sites. And this deponent, as such Secretary of the Interior, further says that in order to determine whether the acts and proceedings of said Commission with respect to set- ting apart the 157,600 acres of land aforesaid should be approved and the said lists or schedules of lands should be accepted as a proper designation and description of the lands by section 23 required to be segregated and set apart, he was, in the due and regular course of official business, immediately prior to and at-the time of the institution of the suit herein, considering the report of said Commission with respect to its said acts and proceedings, and investigating and examining said acts and pro- ceedings with the view of ascertaining whether said acts and proceedings were in conformity with the statutes in such case made and provided, and whether said lists or schedules included all lands which had been theretofore selected and occupied by the Delawares, and whether said lists or schedules included any lands which by law should not be included therein. And this deponent, as such Secretary of the Interior, further says that before completing the consideration of said report and before com- pleting said investigation and examination, he was, as such Secretary, served with the restraining order of this court issued in this suit, which restraining order in effect commands him to desist from proceeding further with his examination and investigation. And this deponent, as such Secretary of the Interior, further says that from the investigation heretofore made by him with respect to the actions and proceedings of said Commission in regard to the segregation of the said L57,600 acres of land, it appears that said acts and proceedings were not done and performed in conformity with the statute, and that from his examination of the said lists or schedules he believes that the same do not include all the lands theretofore occupied and selected by Delawares, and do include lands which, under the law, are reserved for town-site and other purposes, and lands which, prior to the riling of said lists or schedules, were in tin 1 possession of and had been improved by other Cherokees, not Delawares; further, that the rights of a large number of Delaware Indians have been ignored by those who made and filed said lists or schedules. And this deponent, as such Secre- tary of the Interior, further says that his approval or disapproval of the acts and proceedings of said Commission, or his approval or disapproval of said lists or sched- ules aforesaid, require on his part, as such Secretary of the Interior, an investigation of facts and an examination of laws; further, that the duty of directing and super- vising the acts and proceedings of said Commission, the duty of approving or disap- proving said acts and proceedings, and the duty of accepting or rejecting the lists or schedules of lands so filed with said Commission, as aforesaid, involves upon his part the exercise of judgment and discretion, and is not, as he is advised, subject to interference or control by the judicial branch of the Government in injunction proceedings. E. A. Hitchcock. Subscribed and sworn to before me this 19th day of June, A. D. 1903. [notarial seal.] W. Bertraxd Acker Notary Public in and for District of Columbia. 72 ALLOTMENT OF LANDS TO DELAWARE INDIANS. (No. 83.) In the supreme courl of the I fistrict of Columbia. Holding an equity court. < l-eorge Bullette, el al., on their own behalf and on behalf of the Delaware tribe of Indians residing in the Indian Territory, complainants, V. Ethen .Mien Hitchcock, as Sec- retary of the Interior, et al., defendants. In equity, No. 23991. Affidavit of Turn* Bixby hi support of motion to dissolve temporary restraining order. Tains Bixby, being first duly sworn, upon Ins oath doth depose and say: That for six years last past he has been a member of what is known as the Commission to the Five Civilized Tribes of Indians provided for by section lb' of the act of March '■'>. 1893 (27 Stat. L., 612, 646), and the amendments thereto, and that he is now and for three months last past has been the chairman of said Commission; that as such member of said Commission he is one of the defendants in the above-entitled action; that by section 22 of the act of July 1, 1902 (32 Stat, L., 710, 718), exclusive jurisdic- tion is conferred upon said Commission, under the direction of the Secretary of the Interior, to determine all matters relative to the appraisement and the allotment of lands in the Cherokee Nation; that section 23 of said act imposes upon said Commis- sion the duty to cause to be segregated 157,600 acres of land, including lands which have been selected and occupied by the Delawares in conformity to the provision- of their agreement with the Cherokees, dated April S, 18(57, and in making such selection to protect the rights of all the Delaware Indians claiming to be entitled to lands under and in pursuance of the aforesaid agreement, and to exclude from such segregation lands which had theretofore been occupied and improved by other Cherokee citi- zens, and also to exclude all lands reserved and set apart for town sites by the pro- visions of the acts of June 28, 1898 (30 Stat. L., 495), May 31, 1900 (31 Stat. L., 221 I, and section 24 of the act of July 1, 1902, supra. That on December IB, 1902, there was filed with said Commission by Walter S. Logan, claiming to be the attorney for the Deleware Indians, a schedule of lands, aggregating 157,600 acres, alleged to have been theretofore selected by the Delawares and claimed by them under the aforesaid agreement of April 8, 1867; that on Decem- ber 17, 1902, by resolution of said Commission, this deponent, as acting chairman thereof, was instructed to cause to be set aside and segregated the lands designated and describedin the aforesaid schedule; that in compliance with said resolution this deponent, as acting chairman, caused the tracts described in said schedule to be marked upon maps or plats of land in the Cherokee Nation on tile in the office of said Commission as set aside under said section 23; that upon further examination said Commission discovered numerous errors in said schedule or list and called the attention of said Logan thereto; that on January 23, 1903, said Commission received from Richard C. Adams, claiming to represent the Delaware Indians, an alleged cor- rected schedule of lands selected by them, aggregating 157,600acres, in the Cherokee Nation; that thereafter the schedule so tiled by Walter S. Logan was corrected to correspond with the schedule as tiled by said Adams and said corrected schedule accepted by said Commission as a proper designation of the lands to be selected and segregated under the provisions of said section 2'!; that thereafter a number of Cherokee citizens, not Delawares, complained to said Commission that said corrected schedule embraced a large quantity of lands which had theretofore been in their possession, and upon which they had made improvements, and which had not been occupied or improved by any Delaware; that since the filing of said corrected schedule a number of Delaware Indians have made complaints to said Commission that said corrected schedule did not include lands winch had theretofore been selected and occupied by them, and have made requests to be allowed to make final selections of lands containing improvements and upon which they reside, and claim- ing that no portion of the lands so requested to be allotted to them were included within said corrected schedule. Further, that since the tiling of said corrected schedule the Commission has discovered that it includes lands which were by law reserved for town-site purposes. And deponent further says that he and the other members of said Commission, from their investigation made since the tiling of said corrected schedule, are impressed with the belief that the lands designated thereby were not selected with due regard for the interests of either the Delaware citizens generally or other citizens of the Cherokee Nation, and that said corrected schedule embraces lands which by law are reserved for town-site purposes. And deponent further says that on April 20, 1903, said Commission made a report of its actions and proceedings with respect to the segregation of said 157,600 acres of land to the Secretary of the Interior for his approval or disapproval, and in said report stated, among other things, that said cor ALLOTMENT OF LANDS TO DELAWARE INDIANS. 78 rected schedule was made without any intention of conforming to the laws relating to the establishment of town sites and without due regard for the interests of the Delaware Indians or other citizens of the Cherokee Nation. And further deponent said not. Tams Bixby. District of Columbia, ss: Sworn and subscribed before me this 13th day of June, A. D. 1903. [seal.] W. Bertrand Acker, Notary Public in and for the District of Columbia. No. 84. In the supreme court of the District of Columbia, George Bullette et al. v. Ethan Allen Hitchcock, Secretary of the Interior, et al., No. 23991. Opinion of Mr. .lustier Anderson mi motion for temporary injunction. STATEMENT OF THE CASE. On the 2d day of June. 1903, the complainants, George Bullette ami others, on t heir own behalf and on behalf of the Delaware Indians residing in the Indian Ter- ritory, riled their bill of complaint against the defendants, Ethan Allen Hitchcock, Secretary of the Interior, and Tarns Bixby, Thomas B. Needles, Clifton R. Brecken- ridge, and William E. Stanley, members of and constituting the Commission to the Five Civilized Tribes of Indians, generally known and called the "Dawes Commis- sion," praying among other things for an injunction to restrain the defendants from receiving or entertaining applications for allotment of any portion of the 157,600 acres of land purchased by the Delawares from the Cherokee Nation under a certain agreement or treaty made between them on or about April 8, 1867, and which lands the bill alleges were thereafter, to wit, in January, 1903, duly segregated and set apart for them by said Commission, pursuant to an act of Congress approved July 1, 1902, and also from entertaining or considering any contests based upon such appli- cations, and that a mandatory writ of injunction issue out of this court, commanding the defendants to strike from the riles of their office all such applications which have been or which may be filed touching scch segregated lands, until the rights of said Delaware Indians in and to the lands and funds of said Cherokee Nation under said agreement of April 8, 1867, have been finally passed upon and determined by the Supreme Court of the United States in a suit brought in the Court of Claims of the United States by the Delaware Indians against the Cherokee Nation under the authority of section 25 of an act of Congress approved June 28, 1898, and now pend- ing in the Supreme Court of the United States on appeal from a decree rendered by the Court of Claims February 2, 1903, dismissing said suit. It isalleged in the bill of complainl that under said agreement of April 8, 1867, the Cherokee Nation sold to the Delawares (then residing in the State of Kansas) an amount of land east of the ninety-sixth degree, in the aggregate equal to 160 acres for each individual Delaware who had been enrolled on a certain register made Feb- ruary is, 1867, and such as might be added thereto within a specified time, and for which lands the Delawares agreed to pay the Cherokees SI per acre; that pursuant to that agreement it was ascertained that the number of Indians so enrolled and entitled to be enrolled was 985, and the number of acres to which they were thus entitled was 157,600; that thereafter and during the year 1867 the Delawares, in pur- suance of the terms of said agreement, paid into the treasury of the Cherokee Nation the sum of S157,600, the agreed purchase price for said land; that although the 157,600 acres were not then segregated or set apart, yet the individual Delaware Indians enumerated in the said enrollment at once, after the payment of the S157,600, removed to and occupied and improved about 157,600 acres of land in the Cherokee Nation pursuant to the terms of said agreement, and also certain other lands under claim of right. Touching the segregation of the 157,600 acres from the other lands of the Cherokee Nation, the complainants further allege that by section 25 of an act of Congress approved June 28, 1898, entitled "An act for the protection of the people of the Indian Territory, and for other purposes" (30 Stat. L., 495) it is provided: "That before any allotment shall be made of lands in the Cherokee Nation there shall be segregated therefrom by the Commission heretofore mentioned, in separate 7-i ALLOTMENT OF LANDS TO DELAWARE INDIANS. allotments or otherwise, the one hundred and fifty-seven thousand six hundred acres purchased by the Delaware tribe of Indians from the Cherokee Nation under agree- ment of April eighth, eighteen hundred and sixty-seven, subjecl to the judicial deter- mination of the rights of said descendants and the Cherokee Nation under said inent. That the Delaware Indians residing in the Cherokee Nation are hereby authorized and empowered to bring suit in the Court of Claims of the United states, within sixty days after the passage of this act, against the Cherokee Nation for the purpose of determining the rights of said Dataware Indians in and to the lands and funds of said nation under their contract and agreement with the Cherokee Nation, dated April eighth, eighteen hundred and sixty-seven; or the Cherokee Nation may bring a like suit against said Delaware Indians; and jurisdiction is conferred on said court to adjudicate and fully determine the same, with right of appeal to either party to the Supreme Court of the United states." The complainants further allege that, pursuant to the authority contained in this section (25), tin-Delaware Indians residing in the Cherokee Nation within the time limited in this section (viz, within sixty days from its passage) brought suit in the Court of Claims of the United States against the Cherokee Nation for the purpose therein provided, and such proceedings were therein had that on about February 2, 1903, a decree was rendered by said court dismissing said suit, and thereupon, on or about March 19, 1903, the Delawares by their counsel duly appealed from said decree to the Supreme Court of the United States, and which appeal is now on the calendar of that court, but has not yet been argued or determined. It is further alleged that thereafter, to wit, July E 1902, Congress passed an act entitled "An act to provide for the allotment of the lands of the Cherokee Nation for the disposition of town sites therein, and for other purposes," approved July 1. 1902 (public. No. 241), which was duly ratified by the Cherokee Nation (as provided in said section 75) at a general election held on or about August 7, 1902, and that by reason of such ratification the Cherokee Nation and the individual members thereof thereby ratified and consented to the provisions of said section 23 of said act, which provides for the segregation and withdrawal from allotment of the 157,600 acres claimed by the Delawares. Said section 23 reads as follows: "All Delaware Indians who are members of the Cherokee Nation shall take lands and share in the funds of the tribe as their rights may be determined by the judg- ment of the Court of Claims or by the Supreme Court, if appealed, in the suit insti- tuted therein by the Delawares against the Cherokee Nation and now pending: but if said suit be not determined before said Commission is ready to begin the allotment of lands of the tribe as herein provided, the Commission shall cause to be segregated one hundred and fifty-seven thousand six hundred acres of land, including lands which have been selected and occupied by Delawares, in conformity to the provisions of their agreement with the Cherokees. dated April eighth, eighteen hundred and sixty-seven, such lands so to remain subject to disposition according to such judg- ment as may be rendered in said cause; and said Commission shall, when final judg- ment is rendered, allot lands to such Delawares in conformity to the terms of the judgment and their individual rights thereunder. Nothing in this act shall in any manner impair the rights of either party to said contract, as the same may be finally determined by the court, or shall interfere with the holdings of the Delawares under their contract'with the Cherokees of April eighth, eighteen hundred and sixty-seven, until their rights under said contract are determined by the courts in their suit now- pending against the Cherokees. and said suit shall be advanced on the docket of said courts and determined at the earliest time practicable." It is then alleged in the bill that by said act of Congress last mentioned (viz, act of July 1, 1902), it was provided with respect to the lands of the Cherokee Nation- excluding said L57.600 acres of land — that Cherokee citizens might file with the defendants applications for allotment thereof, and that the Dawes Commission should have exclusive jurisdiction to determine all matters relative to such allotments and of any contest in relation thereto, and that after the expiration of nine months from the date of original allotment by or for any Cherokee citizen no contest should be instituted against such selections', and that as early thereafter as practicable a patent should i>sue therefor. The complainants therefore allege ami so contend that according to the provisions of section 23 of said act of Congress of July 1, 1902. and according to the true intent and meaning thereof, said Commission was required, until the tinal_ determination of said suit by the Supreme Court of the United States, tocausesaid 157,600 acres of land to be segregatedand to lie kept segregated and apart from all other lands of theChero- kee Nation, and to remain so segregated until final judgment shall be rendered by the Supreme Court; and that if any allotment of land of the Cherokee Nation should be made to such Cherokee citizens prior to said determination of the Supreme Court. ALLOTMENT OF LANDS TO DELAWARE INDIANS. 75 it should be made from lands other than those to be so segregated, and that the Commission was thereby ordered and directed not to allow any applications for allot- ment for such segregated lands to be filed, and not to allow any contests to be insti- tuted with respect to any such lands until at least after such final determination of said suit should be made; and that only upon the rendering of such final judgment should such segregated lands be allowed in severalty, either to said Delawares, in case of their success in said suit, or to them or other members of the said Cherokee Nation in case said suit should be unsuccessful. The complainants further allege that in December, 1902, the Delaware tribe, pur- suant to said section 23, filed with the Commission a list of selections of land made by them, respectively, aggregating 157,600 acres, and in January, 1903, an amended and corrected list, which was then received, accepted, and placed on file by said Commission as and for a designation and description of the Delaware lands segre- gated under the authority of said acts of 1898 and 1902; and that in January, 1903, the Commission caused said 157,600 acres of land to lie segregated and set apart in obedience to the mandates contained in said acts of Congress. It is also alleged that after the segregation of these lands the Dawes Commission opened a land office at Vinita, Ind. T., and since January 1, 1903, have allowed numerous persons who are, or who claim to be, citizens of the Cherokee Nation, to file with said Commission applications for various of the lands so segregated, and have notified numerous Delawares who have improved and are occupying said segre- gated lands that such applications have been filed, and that unless they appear before the Commission and contest the same within nine months from thedate of the filing of such applications they will be forever barred from any interest therein, as provided in section 69 of the act of July 1, 1902, notwithstanding said applications for allot- ment have reference to and cover lands within a part of said 157,6(10 acres segregated and set apart for the Delawares. And it is further alleged that said Commission threatens and intends in the future to continue to receive and act upon such illegal applications, and claims the right so to do, despite the provisions of said section 23, the pendency of said suit, and the protests of complainants. And, furthermore, that defendants threaten to hold and determine that the provisions of said act of Congress approved July 1, 1902, touching applications for and contests over the allotment of lands in the Cherokee Nation generally, and the statute of limitations set forth in section 69 of said act apply to all lands in the Cherokee Nation, including said segregated lands, notwithstanding the provisions of section 23 of said act and notwithstanding the pendency of said suit in the Supreme Court of the United States, and that unless the defendants be enjoined from receiving such applications and from holding that the limitation of nine months applies thereto, irreparable injury will be done the complainants and their associates and that a multiplicity of suits will be inevitable. A mandatory injunction is therefore asked to direct the defendants to strike from the riles all applications for lands within the segregation and to eject therefrom all persons who have gone upon said lands in pursuance of such applications. An injunction is also asked to prevent defendants from receiving further similar applications and from holding the nine months' limitation (named in section 69) applicable thereto. Process was issued upon this bill of complaint and service thereof was had upon the Secretary of the Interior and upon Tarns Bixby, chairman of the Dawes Commission, who at the time of riling the bill chanced to be in the District of Columbia. The other defendants, members of the Dawes Commission, have not been served. ANSWER. To this bill of complaint the Secretary of the Interior filed his answer under oath, in which he denies that the segregation of said 157,600 acres of land, provided for by section 2 i of the act of 1898 and section 23 of the act of 1902. has been made. Answering the thirteenth paragraph of the bill, he alleges that on December 16, 1902, there was filed with said Commission a schedule of lands aggregating 157,600 acres, alleged to have been theretofore selected by the Delawares, and claimed by them under their agreement with theCherokee Nation of April S, 1867; that on thenextday, December 17, 1902, said Commission, by resolution, instructed Tarns bixby, its acting chairman, to cause to be s. t aside and segregated the lands designated and described in said schedule. That thereafter, and in compliance with that resolution, Bixby, as such chairman, caused the tracts described in this schedule to be marked on maps in the office of the Commission as segregated under said acts; that thereafter, and upon further examination, the Commission discovered numerous errors in said schedule and called the attention thereto of the person who had tiled it; that on January 23, 1903, the Commission received a corrected list, and thereupon the sched- 76 ALLOTMENT OF LANDS TO DELAWARE INDIANS. ale filed December L6, L902, was corrected to correspond with the schedule filed January 23, 1903, and that this corrected schedule was received and accepted by the Commission as a proper designation of the lands to be selected and segregated under said section 23; that thereafter a number of Cherokee citizens, not Delawares, complained to the Commission that this schedule, as amended, embraced lands belonging to them and then in their possession and upon which they had made improvements; that complaint was also made by certain Delawares that their lands theretofore selected and occupied by them had been omitted from this schedule, and requesting the Commission to he allowed to make final selections of lands containing improvements and upon which they resided and which were not included in said corrected schedule; that it was also discovered by the Commission that said corrected schedule embraced lands which were by law reserved for town sites, under section 24 of said act of 1902, and therefore not subject to segregation under the provisions of said section 23; and further, that the lands designated and described in said corrected lists were not selected with due regard either for the benefit of the Delaware citizens generally or other citizens of the Cherokee Nation. That on April 20, 1903, the Commission made a report of its acts and proceedings, with respect to the filingand acceptance of said schedule, to the Secretary of the Interior for his approval, which report was received by the Secretary of the Interior April 30, 1903, and has not been fully considered by him; and that such acts and proceedings of the Commission, as set forth, have not received his approval, and that he has not accepted or approved said corrected schedule as a proper designation and description of the land to he segregated under section 23. He also denies that said Commission now claims to have the right to receive appli- cations for the allotment of lands designated and described in said schedule, or now claims to have the right, upon the riling of any such applications, to consider that the individual Delawares are barred or foreclosed of any interest in the 157,600 acres of land to be segregated under said section 23 of the act of July 1, 1902. He also denies that said Commission threatens and intends in the future to con- tinue to receive, accept, and rile further applications and to call upon individual Delawares to defend against the same, or threatens and intends to hold and deter- mine that unless said Delawares institute a contest within said nine months their rights to said segregated lands shall lapse, or that the Commission threatens and intends to hold and determine that the provisions of the act of Congress approved July 1, 1902, touching applications for and contests over the allotment of lands in the Cherokee Nation generally, or that the statute of limitations set forth in section 69 of said act apply to all lands of the Cherokee Nation, including said segiegated lands, notwithstanding the provisions of section 23 of said act and notwithstanding the pendency of said suit in the Supreme Court of the United States. lie also denies that either he or said Commission have disregarded any protests by said Delawares, but alleges that all such protests were being considered by him, as such Secretary, in connection with the acts and proceedings of said Commission under said section 23 of the act of July 1, 1902, at the time of the filing of the bill of complaint herein, and that proper action thereon and on such acts and proceedings of said Commission has not yet been taken because of the issuance of the temporary restraining order herein. And he denies that either he or said Commission has done any acts or threatened or intend to do any acts to the prejudice of the rights of the complainants -or their associates to said segregated lands, hut, on the contrary, that when said segregation is finally made and approved no allotments will he made of any lands included therein until the suit between the Delawares and Cherokees is finally determined by the Supreme Court. He not only admits but specifically affirms the allegations of the bill of complaint that, by the several acts of Congress creating and defining the powers of said Com- mission, and all the acts and proceedings of such Commission under said laws, are subject to the directions of the Secretary of the Interior. But he denies that the acts and proceedings of said Commission, with respect to said schedules of laud received and filed by said Commission, were done by and with his direction and approval, as Secretary of the Interior or otherwise. And finally he alleges that he, as such Secretary of the Interior, and said Commis- sion to the Five Civilized Tribesof Indians, constitutea special tribunal charged with the duty of segregating and allotting the lands in the Cherokee Nation; that said duty requires upon the part of said tribunal the exercise of judgment and discretion: that before the segregation of said 157,600 acres provided for in section 23 of the act of 1898 is complete or effective, it must be approved by him as such Secretary <>f the Interior; that this duty involves on his part, as such Secretary, the exercise of judg- ment and discretion, anil is not, therefore, as he is advised, subject to review, control, or interference by the judicial branch of the Government in injunction proceedings, and he prays the same benefit as if he had demurred on that ground. ALLOTMENT OB' LANDS TO DELAWARE INDIANS. 77 The affidavits of the defendants, the Secretary of the Interior and Tams Bixby, are tiled with the answer, and are substantially to the same effect. AMENDMENT TO BILL. Thereupon the complainants amended the thirteenth paragraph of their bill, and alleged that the acts and proceedings of the Dawes ( lommission, the Commissioner of Indian Affairs, and the Secretary of the Interior, in the administration and execution of the provisions of said section 23, are fully set forth in certain of their reports and letters, copies of which are tiled with said* bill and made part thereof; and that it appears from said reports ami letters, and that the fact is, that the segregation of the 157,600 acres, as required by said section 23, was completed by said Commission in December, 1902, and was held and c< insidered by the Commission and by the Secretary of the Interior as having been made and completed by said Commission and by the Secretary of the Interior, and was, in fact, then approved and considered to have been approved by said Secretary. That thereupon, and because it was held by the Secre- tary of the Interior to have been made in compliance with the law, the Commission thereupon proceeded, under the direction and with the approval of the Secretary of the Interior, to the allotment of the remaining lands in the Cherokee Nation under the authority of said section 23 of the act of July 1, 1902; that on January 1, 1903, the Commission opened a land office at Vinita, Ind. T., for the purpose of receiving applications from Cherokees for lands, other than those so segregated, and making allotments thereof; that thereupon and during the months of January and February, 1903, more than 1,000 applications were filed, and more than 1,300 allotments were made and reported by said Commission and the report thereof approved by the Sec- retary of the Interior; that said land office continued open until the tiling of this suit in June, 1903, during which time it is alleged that more than 8,000 applications, covering more than 800,000 acres of land, were made, and more than 5,000 allotments, covering 500,000 acres of land, were reported to and approved by the Secretary of the Interior, and that said allotments could not have been legally made and approved if the segregation of the 157,600 acres had not already been made under said section 23 as preliminary and as a prerequisite to the making of said allotments. ANSWER TO AMENDMENT OF PARAGRAPH 13 OF BILL. The Secretary of the Interior tiled a sworn answer to this amendment and denied that the acts and proceedings of the Secretary and of the Dawes Commission, or of either of them, in the administration and execution of the provisions of section 23, are fully set forth in said reports and letters filed with said amendment, and also denies that it appears from said reports and letters that there has been any segrega- tion of the 157,600 acres of land, as required by said section 23 of the act of July 1, 19H2; or that it was held and considered by the Commission or the Secretary, or either of them, as having been so made or completed, or that it was in fact approved by him as therein alleged. Healsodenies that the Dawes Commission proceeded to the allotment of any lands in the Cherokee Nation under bis direction and approval, as set forth in the amend- ment to said bill. He further alleges that about January 1, 1903, the Dawes Com- mission opened a land office at Vinita, Ind. T., for the purpose of receiving and passing upon applications from Cherokee citizens, not Delawares, for lands in the Cherokee Nation, and that until the filing of the bill of complaint, said Commission received and passed upon such applications for allotments. But no such applications for allotments have been approved by the defendant as Secretary of the Interior: and that the time of the filing of the bill of complaint herein the defendant, as such Secretary, was considering the acts and proceedings of said Commission in so receiv- ing and passing upon allotments, in order to determine whether they were in con- formity with the requirements of said act of July 1, 1902. And finally the Secretary alleges that the title to all lands in the Cherokee Nation is still held by said nation; and that until the title to lands embraced in any segre- gation provided for in section 23 of the act of 1902 has passed from said nation, he, as Secretary of the Interior, has the power and authority, under the law, to correct, modify, amend, vacate, or set aside any segregation of lands in the Cherokee Nation if any has been made, even though the same may have received his approval. It will be observed that this bill of complaint and the relief prayed for is founded upon the theory: 1. That, as a question of fact, the 157,600 acres of land to which the Delaware Indians are entitled under their contract of purchase made with the Cherokees 78 ALLOTMENT OF LANDS TO DKLAVVARK INDIANS. April s, 1867, have been finally segregated and set apart for their use and for final allotment, at the appropriate time, as provided for in the acts of 1898 and 1902. 2. That, as a question of law, said lands having been so segregated, neither said Commission nor the Secretary of the Interior lias or can exercise any further juris- diction over the same other than to keep them free from incumbrances, or other charges, and prevent the impairment of the rights of the Delawares therein and thereto until the Supreme Court of the United States has rendered its final judgment in the suit of the Delawares against the Cherokee Nation now pending in that court. The right determination <>\ these questions involves the interpretation of the acts of Congress mentioned, and an examination of the state of the case as to what has actually been done thereunder. Section 25 of the act of Congress approved June 28, L898 (30 Stat. L., 4V).">), known as the Curtis Act, imposed upon the Commission to the Five Civilized Tribes, or on what is generally known as the "Dawes Commission" (which was created by the act of March 1, 1893, 27 Stat. L., 612,645), the duty of segregating from the other lands of the Cherokee Nation the 157,600 acres purchased by the Delaware tribe of Indians from the Cherokee Nation under their agreement of April 8, 1867. Such segregation, as provided by said section, was to be made by the Commission "sub- ject to the judicial determination of the rights of said descendants and the Cherokee Nation under said agreement." . By the same section jurisdiction is conferred upon the Court of Claims of the United States, with the right of appeal to the Supreme Court of the United States, to adjudicate and finally determine the rights of the Delaware Indians in and to the lands and funds of the Cherokee Nation under their contract of April 8, 1867. There- upon, and pursuant to that section, the Delawares, in August, 1898, instituted such suit against the Cherokee Nation in the Court of Claims, which was thereafter, on or about February 2, 1903, dismissed by a decree of that court. On or about March 19, 1903, the Delawares appealed from said decree to the Supreme Court of the United States, where said appeal is now pending. During the pendency of said suit in the Court of Claims, viz, July 1, 1902, Congress passed another act entitled "An act to provide for the allotment of the lands of the Cherokee Nation, for the dispo- sition of town sites therein, and for other purposes." (32 Stat. L., 716.) This act was duly ratified by the Cherokee Nation at a general election held on* or about August 7, 1902, as provided in section 75 thereof. Section 23 of that act makes further provision for said segregation as follows: 1. "All Delaware Indians who are members of the Cherokee Nation shall take lands and share in the funds of the tribe as their rights may be determined by the judgment of the Court of Claims, or by the Supreme Court, if appealed, in the suit instituted therein by the Delawares against the Cherokee Nation and now pending. 2. " But if said suit be not determined before said Commission is ready t< > 1 >egin the allotment of lands of the tribe as herein provided, the Commission shall — (a) "Cause to be segregated 157,600 acres of land, including lands which have been selected and occupied by Delawares, in conformity to the provisions of their agreement with the Cherokees dated April 8, 1867, such lands (the 157,600 acres) so to remain subject to disposition according to such judgment as may be rendered in said cause. (b) "And said Commission shall thereupon (after segregating said 157,600 acres) proceed to the allotment of the remaining lands of the tribe aforesaid, and lastly (c) "Said Commission shall, when final judgment is rendered, allot lands to such Delawares in conformity to the terms of the judgment and their individual rights thereunder." And then in order to safeguard the rights of both parties pending said suit the same section provides that— (d) "Nothing in this act shall in any manner impair the rights of either party to said contract as the same may be finally determined by the court, or shall interfere with the holdings of the Delawares under their contract with the Cherokees of April 8, 1867, until their rights under said contract are determined by the courts in their suit now pending against the Cherokees." It is apparent from the plain reading of these two sections (viz, section 25 of the act of June 28, 1898, and section 23 of the act of July 1, 1902) that Congress intended to and did confer on the Delaware Indians the right to have the 157, 000 acres of land purchased by them from the Cherokees duly segregated and set apart from the other lands of the Cherokees as soon as the same has been duly selected and designated, and when so selected and segregated to have the same so kept and maintained until final judgment is rendered in the suit now pending in the Supreme Court of the United States, and that "when (such) final judgment is rendered, said Commission shall thereupon allot lands to the Delawares in conformity to the terms of the judg- ment and their individual rights thereunder" (section 23). ALLOTMENT OF LANDS TO DELAWARE INDIANS. 79 By section 22 of said act Congress also conferred upon said Commission, under the direction of the Secretary of the Interior, exclusive jurisdiction to determine all matters relative to the allotment of lands in the Cherokee Nation. Section 24 provides that certain lands, including town lots, shall be reserved from allotment. It seems clear, in the light of these statutes, that the segregation of the 157,600 acres is to be made not by the Commission alone, but by the Commission, subject to the direction of the Secretary of the Interior. Indeed, this is expressly admitted in paragraph 26k of the bill, which alleges, and which is admitted by the answer, "* * * that by the several acts of Congress creating and defining the powers of said Commission to the Five Civilized Tribes all the acts and proceedings of said Commission are subject to the direction of the Secretary of the Interior." It would seem to follow, therefore, that while the segregation must lie made by the Dawes Commission, it must be made under the direction of the Secretary of the Interior and have his official approval before it is complete and effective. The first question, then, as already suggested, is whether the segregation of the 157,600 acres has been made and is now final and effective. The Secretary of the Interior, in his sworn answer and in his affidavit as well, denies in the most direct and positive terms that this segregation has been made or that he has approved it. The answer of the Secretary might well lie accepted as conclusive on this point were it not for the amendment to paragraph 13 of the bill of complaint, which sets up certain reports of the Commission and of the Commis- sioner of Indian Affairs and certain correspondence of the defendants, which the complainants claim shows such proceedings had and such acts done by the Dawes Commission and the Secretary of the Interior as to leave no question that, as a mat- ter of fact as well as matter of law, such segregation has been made by the Commis- sion and duly approved by the Secretary, and is therefore complete and final. Two theories are presented as to the segregation of these lands. The contention of the complainants is that when the Delawares filed with the Commission in Decem- ber, 1902, the schedule of lands selected by them, and -the same was thereafter revised and corrected January 23, 1903, and so received and filed by said Commis- sion, that such corrected schedule was thereby finally accepted by the Commission as a proper designation of the lands actually selected and segregated under said act of Congress, and that in the light of the reports and correspondence heretofore men- tioned such acts and procedure constitute in fact and in law a full, complete, and final segregation of the 157,600 acres as provided in the acts of 1898 and 1902. On the other hand, the contention of the Secretary of the Interior is that " said corrected schedule was received and accepted by said Commission not as a proper designation of the lands actually selected and segregated, but of the lands to be selected and segregated under his direction and approval, and therefore no actual segregation has been made by said Commission or approved by the Secretary." If the latter view is correct, that would seem to end the controversy, and the consequent denial of the writ of injunction and the discharge of the temporary restraining order would nec- essarily follow; otherwise the complainants are entitled to the relief prayed for. because, if the segregation has been finally made and completed, neither the Com- mission nor the Secretary has any further jurisdiction in the matter, other than to maintain the status quo, until the Supreme Court of the United States has decided the case now before it. In support of the contention of the complainants that the 157,600 acres were segre- gated in January, 1903, and the jurisdiction of the Commission and of the Secretary in that behalf, thereby ousted, they argue that inasmuch as section 23 (act of July 1, 1902) plainly requires that before the Commission shall proceed to the allotment of the Cherokee lands (that is lands other than the 157,600 acres to be set apart to the Delawares) the Commission shall first seyreirate and set apart the lands selected and occupied by the Delawares; and inasmuch as the Commission, after the filing of said corrected schedule in January, 1903, did proceed to the allotment of the other lands of the Cherokees, they could only have done so on the supposition and belief on the part of the Commission and the Secretary (who they allege had knowledge of the same) that the segregation had before that time been made and completed; other- wise, they insist, their acts would have been in flagrant disobedience of the law. That the Dawes Commission did so believe and did proceed in the matter of the allotment of the Cherokee lands, other than the 157,600 acres, in the manner pointed out, admits of no serious question. Indeed the reports and correspondence filed with the amend- ment to the bill leaves room for no other interpretation; besides the answer of the Secretary, in effect, admits it, although he expressly denies that "said Commission proceeded to the allotment of said lands under his direction and approval." It is equally clear, however, that no matter what view the members of the Dawes Commission may have entertained as to their jurisdiction touching the segregation of 80 ALLOTMENT OF LANDS TO DELAWARE INDIANS. the 157,600 acres and the subsequent allotment of Cherokee lands, they could neither enlarge their own, nor limit the jurisdiction of the Secretary of the Interior in rela- tion thereto, through any mistaken interpretation of the law or assumption of authority on their part; so that, it' they assumed that under the law they had the power to make and conclude the segregation of these lands independent of the Secretary of the Interior, and that in accepting and filing said schedule of selected lands in December, 1902, and in the revision and collection of same in January, L903, they thereby made and completed said segregation and the same thereby became immediately effective, and in that belief they then proceeded to the allotment of the other lands of the Cherokees, such belief and course of procedure on their part would not constitute a segregation within the meaning of the law, unless they either have exclusive jurisdic- tion in the matter, or their acts in that behalf have had the sanction and approval of the Secretary of the Interior. As already pointed out, in my view of these statutes, and as admitted by para- graph 26J of the bill of complaint, this segregation must be made by the Commission subject to the direction of the Secretary of the Interior, and hence the Commission does not have and can not exercise exclusive jurisdiction in the matter. Aloreover, section 23 of the act of 1902 provides that such segregation must be first so made before the Commission can properly proceed to the allotment of the remaining Cherokee lands, i. e., lands other than the segregated lands, and therefore, unless such alleged segregation was in fact made, subject to the direction of the Secretary, it necessarily follows that it did not become complete and effective upon the mere receipt and filing of said schedule of selected lands in December, 1902, or of the amended and corrected schedule in January, 1903, or at any other time; and that all subsequent steps on the parr of the Commission looking to the allotment of the other Cherokee lands referred to were untimely and irregular, and can in no wise affect the rights of the Delawares in the final segregation and allotment, unless, as stated, the same was in fact done under the direction and with the approval of the Secretary and is now beyond his recall. The Secretary, both in his answer and in his affidavit, as already pointed out, alleges directly and emphatically that this segregation has not been so made and approved by him. While it is true that it appears from the Secretary's answer that the Dawes Com- mission opened a land office and received applications for allotments of land outside of the land described in the schedule filed with the Dawes Commission, he alleges that none of these acts were done under his direction nor have they received his approval, but that at the very time of the tiling of this bill he was considering the question of their legality. As to whether the attempted segregation has been approved by the Secretary depends, therefore, upon the effect to be given the reports and doc- uments referred to in the amendment to the bill, and upon which counsel for com- plainants predicated their argument that, as a matter of law, the Secretary has approved such segregation. After a careful reading and rereading of these reports and documents, I am clearly of opinion that they do not support this contention. If it has been so approved, and the Commission, under the direction and with the approval of the Secretary of the Interior, had proceeded to make, or was about to make, allotments that affected any of the lands so segregated, as charged in the bill, then it would clearly be the duty of the court, under the circumstances of this case, to restrain such action by injunction; because, under section 23 of the act of July 1. 1902, it is made the plain duty of the Commission, in the event that thesuit now pending in the Supreme Court be not determined before the Commission is ready to begin the allotment of lands of the tribe, to cause said 157,600 acres to be segregated, and to be kept segregated and apart from all other lands of the Cherokee Nation, and there stop — so far as said seg- regation is concerned — until final judgment has been rendered by the Supreme Court of the United States. The language of said section being: " If said suit be not determined before said Commission is ready to begin the allot- ment of lands of the tribe as herein provided, the Commission shall cause to be segre- gated 157,600 acres of land, including lands which have been segregated and occupied by Delawares in conformity with their agreement with the Cherokees dated April, lsti7. such lands so to remain subject to disposition according to such judgment as may be rendered in said cause; and said Commission shall thereupon (hut not before I proceed to the allotment of the remaining lands of the tribe as aforesaid." It is likewise the plain duty of the Commission, in proceeding to " allot the remain- ing lands of the tribe,"' to make the same from lands other than the 157,600 acres segregated (or to be segregated) for the use of the Delawares. And yet, despite these plain provisions of the law and the apparent assumption on the part of the members of the Commission that they have the exclusive right to make this segregation, and ALLOTMENT OF LANDS TO DELAWARE INDIANS. 81 had so made it, they unwittingly, or at least erroneously, proceeded to destroy their own handiwork by including in "the allotment of the remaining lands of the "tribe" certain of the lands included in their so-called segregation, and at the same time omitted from the segregation itself certain other lands which had been selected and occupied by the Delawares in conformity with their agreement of April, 1867, with the Cherokees, which other lands section 23 expressly provides shall be included in the segregation of the 157,600 acres. As the hands of the Delawares are tied, so far as the allotment or disposition of the 157,600 acres are concerned, the moment said segregation is once completed it would be a grievous wrong t< > thus professedly set apart for them all they are entitled to under their contract < if 1 867 and then proceed to take from them a p< irtion of the very lands thus segregated, in making allotments to the Cherokees out of what is treated as "the remaining lands of the tribe." While it was evidently not the intention of Congress to delay the allotment work in the Cherokee Nation until the suit between the Delawares and Cherokees shall have been finally determined, it was never the intention that, in making such allotment, the rights of the Delawares should be thereby defeated or in any wise prejudiced. This is made clear by section 23 of the act of 1902, which declares that "Nothing in this act shall in any manner impair the rights of either party to said contract as the same may be finally determined by the court, or shall interfere with the holdings of the Delawares under their contract with the Cherokees of April 8, 1867, until their rights under said contract are determined by the courts in their suit now pending against the Cherokees." It follows, therefore, that any attempted allotment of lands in violation of this section that might be effective and thereby defeat or prejudice the rights of the Delawares thereunder should be promptly restrained. In his answer the Secretary of the Interior, however, denies, under oath, that either the attempted segregation of said lands or the receiving of said applications tor allotments in the Cherokee Nation, was under his direction or has ever received his approval. He also denies that said Commission now claims to have the right to receive applications for the allotment of lands designated and described in said schedule, or the right, upon the filing of any such applications, to consider that the individual Delawares are barred or foreclosed of any interest in the 157,600 acres of land to be segregated under section 23 of the act of 1902; and he further denies that the Commission threatens and intends in the future to continue to receive, accept, and file further applications and to call upon individual Delawares to defend against the same, or to do any of the many things with which they are charged in the bill as intending to do. In view of this broad and emphatic disclaimer of either authority under the law or of any purpose or intention on the part of the defendants to do the acts or to exercise the authority complained of in the bill, it would seem to be clear, under the plain provisions of these statutes, that no matter what view the Commission originally entertained as to their authority in the premises that their acts and proceedings touching said segregation and allotment have not become effective, and can not become so until they have the final sanction and approval of the Secretary of the Interior, and, therefore, in this view of the case, which to my mind is the real and logical situation, no real injury to the rights of the Delawares has been done or is threatened by the defendants, and no substantial ground exists for the interposition of a court of equity. It is perhaps due the members of the Dawes Commission to say, in passing, that while they seem to have proceeded upon the theory that they have exclusive jurisdiction in this matter, they later on dis- covered and recognized that they and the Secretary of the Interior constitute a special tribunal charged with the "duty of segregating and allotting these lands, and that all their acts and proceedings were subject to his direction and approval. Therefore it was, that on April 20, 1903, after objection to said segregation by certain Delawares, and by certain Cherokee citizens not Delawares, and after the Commis- sion discovered that said corrected schedule embraced lands which were by law reserved for town sites under section 24 of the act of 1902, and therefore not subjec to segregation, and was otherwise objectionable, they made a report of their acts and proceedings in respect to the filing and acceptance of said schedules to the Secretary of the Interior, for his consideration and approval, which was received by him April 30, 1903, and, which he alleges in his answer, he had under consideration at the time of the issuance of the temporary restraining order herein, with a view of determining whether said acts and proceedings were in conformity with section 23 of the act of July 1, 1902. (32 Stat. L., 717. ) _ Admitting, however, that the Secretary of the Interior has approved this segrega- tion, as claimed by the complaints, his power and authority to correct, modify, or vacate the same in whole or in part is, in the opinion of the court, clear and undis- putable under the law applicable to this case. S. Doc. 104 6 82 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Section 441 of the Revised Statutes provides that — "The Secretary of the Interior is charged with the supervision of public business relating to * * * the Indians." Sections 22, 58, and 59 of the act of July 1, 1902, provides as follows: "Sec. 22. Exclusive jurisdiction is hereby conferred upon the Commission to the Five Civilized Tribes, under the direction of the Secretary of the Interior, to deter- mine all matters relative to the appraisement and the allotment of lands. "Sec. 58. The Secretary of the Interior shall furnish the principal chief with blank patents necessary for all conveyances herein provided for, and when any citi- zen receives his allotment of land, or when any allotment has been so ascertained and fixed, that title should, under the provisions of this act, he conveyed. The prin- cipal chief shall thereupon proceed to execute and deliver to him a patent conveying all the right, title, and interest of the Cherokee Nation, and of all other citizens, in and to the lands embraced in his allotment certificate. " Sec. 59. All conveyances shall be approved by the Secretary of the Interior, which shall serve as a relinquishment to the grantee of all the right, title, and interest of the United States in and to the lands embraced in his patent." Section 441 also provides that the Secretary of the Interior is charged with the supervision of the public business relating to "the public lands, including mines." The general powers and authority of the Secretary of the Interior, as expressed in the statute (which are manifestly the same in principle with the provisions of the statute in respect to the duty and powers of the Secretary of the Interior in the dis- position of the lands of the Cherokee Nation), have received a broad and compre- hensive interpretation by the Supreme Court of the United States. In the case of Knight v. United States Land Association (142 U. S., 161, 178), it was held that — "Respecting the public domain, the Secretary of the Interior is the supervising agent of the Government to do justice to all claimants and preserve the rights of the people of the United States." See also: New Orleans v. Pain (147 U. S., 261, 266-267); Williams v. United States (138 U. S., 514, 523-524); Hawley v. Diller (178 U. S.. 476, 488, 490); Michigan Land and Lumber Co. v. Rust (168 U. S., 589, 592, 594-595); Belev v. Naphtaly (169 U. S., 353, 364); Brown v. Hitchcock (173 U. S., 473, 476-478); United States ex rel. v. Hitchcock (190 U. S.), decided May 18, 1903. In Knight against the Land Association, just cited, the Commissioner of the Gen- eral Land Office approved the survey of certain lands involved in that action; although no appeal was taken from such approval to the Secretary of the Interior, he subsequently set the survey aside. It was insisted that his action was illegal. In passing upon this question the court, speaking through Mr. Justice Lamar, said: "The statutes, in placing the whole business of the Department under the super- vision of the Secretary, invest him with authority to review, reverse, amend, annul, or affirm all proceedings in the Department, having for their ultimate object to secure the alienation of any portion of the public lands, or the adjustment of private claims to lands with a just regard to the rights of the public and of private parties." In New Orleans v. Pain (147 U. S., 261, 266-267), was involved the power of the Secretary of the Interior to set aside a survey of the public lands already approved, and to approve a subsequent survey thereof. In passing upon the question, the court, speaking through Mr. Justice Brown (p. 266), says: "If the Department was not satisfied with this (the first) survey, there was no rule of law standing in the way of its ordering another. Until the matter is closed by final action, the proceedings of an officer of a department are as much open to review or reversal, by himself or his successor, as are the interlocutory decrees of a court open to review 7 upon the final hearing." In Williams v. The United States (138 U. S., 514, 523-524), the Government under the act of June 16, 1880, had certified to the State of Nevada certain lands which the State subsequently sold to Williams. Thereafter it was discovered by the Land Department that, in procuring the State of Nevada to have the lands certified to it, Williams committed a fraud. Thereupon the Attorney-General, at the request of the Secretary of the Interior, brought suit to set aside the certification to the State of Nevada. " In disposing of the case, the court, speaking through Mr. Justice Brewer, said: "The certification after selection by the State is to be approved by the Secretary of the Interior. This is no mere formal act. It gives to him no mere arbitrary dis- cretion, but it does give power to prevent such a monstrous injustice as was sought to be accomplished by these proceedings. * * * It is obvious, it is common knowledge, that in the administration of such large and varied interests as are intrusted to the Land Department, matters not foreseen, equities not anticipated, which are therefore not provided for by express statute, may sometimes arise and, ALLOTMENT OF LANDS TO DELAWARE INDIANS. 83 thei'efore, that the Secretary of the Interior is given such superintending and super- vising power which will enable him in the face of these unexpected contingencies to do justice." In Brown v. Hitchcock (173 U. S., 433, 476-478), the complainant filed a bill in equity against the Secretary of the Interior in this court, praying that the Secretary be restrained from holding certain lands in the State of Oregon subject to entry under the general land laws of the United States, claiming that these lands had become the property of the State of Oregon, under the act of September 28, 1850, and the amendments thereto, known as the swamp-land act, and were included in a certain selection list iiled by the State of Oregon, which list was approved by Secre- tary of the Interior Teller on September 16, 1882. In 1880 the State had sold these lands to one Owen, and by subsequent conveyance they had been transferred to the complainant; therefore, in December, 1888, Secretary of the Interior Vilas made and entered an order canceling and revoking said selection list. The main question involved in the suit was the power of Secretary Vilas to revoke and annul the order made by Secretary Teller, approving said selection list. In disposing of this ques- tion, the court, among other things, said: "Until the legal title to public lands passes from the Government, inquiry as to all equitable rights comes within the cognizance of the Land Department." In United States /'. Schurz (102 U. S., 378, 396), which was an application for a man- damus to compel the delivery of a patent, it was said: "Congress has also enacted a system of laws by which rights to these lands maybe acquired, and the title of the Government, conveyed to the citizen. This court has, with a strong hand, upheld the doctrine that so long as the legal title to these lands remains in the United States, and the proceedings for acquiring it were as yet in fieri, the courts would not interfere to control the exercise of the power thus vested in that tribunal. To that doctrine we still adhere." In the case of the United States ex rel. Riverside Oil Co. v. Hitchcock, Secretary of the Interior, decided May 18, 1903, the court of appeals of the District of Colum- bia, among other things, said: "Congress has constituted the Land Department, under the supervision and con- trol of the Secretary of the Interior, a special tribunal with judicial functions, to which is confided the execution of the laws which regulate the purchase, selling, care, and disposition of the public lands. The court has no general supervisory power over the affairs of the Land Department by which to control their decision upon questions within their jurisdiction." It would seem from these cases that it is settled law that until title has passed from the Government, the Secretary of the Interior, under the general powers conferred upon him by the statutes heretofore cited, has power to review, correct, modify, reverse, or vacate any act or decision heretofore made by him or his predecessor in office, in respect to the disposition of public, lands. The power and duty of the Sec- retary in respect of the administration of the act of July 1, 1902, are in all essential respects of similar import as those conferred upon him by the public land laws; and, therefore, upon the authority of the cases above cited, it would seem to be clear that until the title to the lands here involved as well as the interest of the Gov- ernment therein — and it has an interest, although remote and contingent — has been finally divested by the issue of patents as provided in said sections 58 and 59 of the act of 1902, the Secretary has the power to reconsider, correct, or annul his own decisions made in the due administration of said act of July 1, 1902, and hence it follows that in the opinion of the court the action of the Commission in segregating said lr>7,(»00 acres of land, even if done under the direction and with the approval of the Secretary of the Interior, does not oust the jurisdiction of the Secretary to recon- sider and correct the same. If, however, the right to reconsider, correct, and amend his own and the acts and proceedings of the Commission, as a specially constituted tribunal to carry into effect the acts of 1898 and 1902, does not come within the scope of the general powers vested in the Secretary of the Interior, such power seems to be expressly conferred upon him by section 22 of the latter act, viz, that of July 1, 1902, which reads as follows: "Sec. 22. Exclusive jurisdiction is hereby conferred upon the Commission to the Five Civilized Tribes, under the direction of the Secretary of the Interior, to deter- mine all matters relative to the appraisement and the allotment of lands." As I read the decided cases upon this point, it seems to be settled law that when an act is required to be done "under the direction of the Secretary of the Interior," this, in effect, requires his approval before such act becomes complete and effective, and therefore the phrase "under the direction of the Secretary of the Interior," as S4 ALLOTMENT OF LANDS TO DELAWARE INDIANS. used in the act of July 1, L902, imposes upon the Secretary the power and duty of directing and supervising all arts and proceedings of the Commission under that act, and certainly the segregation of the 157,600 acres is not only one of the "matters relating to the allotment of lands," but it is a condition precedent to their allotment under section 23 of the act, 1902. (Bishop of Nisqually i>. Gibbon, 158 U. S., 155, 167; Knight v. Land Association, 142 U. S., L61, 177.) In the oral argument counsel for the complainants, in opposing this view, cited the case of Northern Pacific Railway Company v. Barnes (S. Dak., 366, 369); hut, as was claimed by counsel for defendants at the time, and as it seems to the court, the South Dakota case is opposed to the doctrine laid down by the Supreme Court of the United States in Knight v. Land Association (142 U. S., 161), and other cases cited in their brief. In the Knight case Mr. Justice Lamar, in speaking for the court, said: "The phrase, 'under the direction of the Secretary of the Interior,' as used in these sections of the statutes (referring to certain sections of the Revised Statutes relating to the duties of the Commissioner of the General Land Office in respect to the surveying and sale of the public land to be performed ' under the direction of the Secretary of the Interior' ), is not meaningless, but was intended as an expression in general terms of the power of the Secretary to supervise and control the extensive operations of the Land Department of which he is the head, and "such supervision,' says the court, 'may be exercised by direct orders or by review on appeal.' " The wisdom of Congress in thus giving to the Secretary of the Interior supervisory power over the segregation of these lands is made manifest by the very confusion and mischief that would result were this segregation, with its many errors, to stand as the final and finished work of the Commission. The Secretary, however, possessing and claiming, as he does, the power to revise, correct, and, if necessary, to amend in whole or in part these acts and proceedings of the Commission, and thus prevent the very evils that might otherwise follow, has now before him a full report of such acts and proceedings with a view of determining whether they are in conformity with the acts of Congress pertaining thereto, or not. The question thus presented is, has this court the power to impose by injunction to restrain him from doing this ? If the court is correct in its conclusion that this is a matter within the jurisdiction and control of the Secretary, then it must be admitted that its determination involves the exercise of judgment and discretion, and therefore can not be enjoined or con- trolled by the judicial power. It has been the uniform holding of the Federal courts that an executive officer, while engaged in the performance of a duty involving the exercise of judgment and discretion, can not be interfered with in respect to such duty by the judicial power. In the case of New Orleans v. Pain (147 U. S., 261), Mr. Justice Brown, in deliver- ing the opinion of the court, said: "The general rule is that the judicial power will not interpose, by mandamus or injunction, to limit or direct the action of departmental officers in respect of matters pending within their jurisdiction and control. * * * That if he (meaning the head of a department) were engaged in the performance of a duty which involved the exer- cise of discretion or judgment he was entitled to protection from any interference by the judicial power." In Brown v. Hitchcock (173 U. S., 433, 477) the court, among other things, said: "As a general rule, no mere matter of administration in the various Executive Departments of the Government can, pending such administration, be taken away from such departments and carried into the courts; those departments must be per- mitted to proceed to the final accomplishment of all matters pending before them, and only after that disposition may the courts be invoked to inquire whether the outcome is in accord with the laws of the United States." It is said by the court in Dunlap v. Black (p. 48): "The court will not interfere by mandamus with the executive officers of the Government in the exercise of their ordinary official duties, even where those duties require an interpretation of the law, the court having no appellate power for that purpose. * * * Whether, if the law were properly before us for consideration, we should be of the same opinion or of a different opinion is of no consequence in the decision of the case. "In Kirwin v. Murphy (189 U. S., 55) the court quotes with approval the follow- ing passage, found in the case of Litchfield v. The Register and Receiver (9 Wall., o77, 579): " 'The principle has been so repeatedly decided in this court that the judiciary can not interfere, either by mandamus or injunction, with executive officers, such as the respondents here, in the discharge of their official duties, unless those duties are of a ALLOTMENT OF LANDS TO DELAWARE INDIANS. 85 character purely ministerial and involving no exercise of judgment or discretion, that it would l>e useless to repeat it here.' " In United States ex rel. Riverside Oil Company v. Hitchcock (decided May is, 1903, by the court of appeals, District of Columbia) the court says that — ' ' Neither an injunction nor mandamus will lie against an officer of the Land Depart- ment to control him in discharging an official duty which requires the exercise of his judgment and discretion. * * * Mandamus has never been regarded as the proper writ to control the judgment and discretion of an officer as to the decision of a matter which the law gave him the power and imposed upon him the duty to decide for himself." Associate Justice Miller, in delivering the opinion of the court in Gaines v. Thomp- son (7 Wall., .'!47, 352, 353), said that this doctrine — a * * * Is as applicable to the writ of injunction as it is to the writ of mandamus. "In the one case the officer is required to abandon his right to exercise his personal judgment, and to substitute that of the court, by performing the act as it commands. In the other he is forbidden to do the act which his judgment and discretion tell him should be done. There can be no difference in the principle which forbids interfer- ence with the duties of these officers, whether it be by writ of mandamus or injunc- tion." In Mississippi v. Johnson, supra, 498, the court draws a distinction between a ministerial and judicial duty in the following language: "A ministerial duty, the performance of which could, in proper cases, be required of the head of a department by judicial process, is one in respect to which nothing is left to discretion. It is a simple, definite duty, arising under conditions admitted or proved to exist, and imposed by law." It is settled law that where the law prescribes that before an act shall be final it must receive the approval of the head of a department, the duty of approval is a judi- cial and not a ministerial duty. (See Wisconsin Central Railroad Company v. Price, supra; United States /■. Williams (138 U. S., supra); Ops. Attorney-General, Vol. XIV. pp. 50, 52, 645.) If there is any plain ministerial duty to be performed by the Secretary in this whole matter, it is found in section oil of the act of 1902, which requires him to approve the patents issued to allottees for their respective allotments by the principal chief of the Cherokee Nation; that is to say. if the Secretary were to refuse to approve such patents, after the same have been regularly executed for delivery by the principal chief, he could not excuse himself from so doing by insisting that such act was one of administrative propriety involving judicial discretion rather than a merely minis- terial duty. Mr. Justice Miller in Johnson v. Towsley (13 Wall.. 7283): ••When the law is confided to a special tribunal, the authority to hear and deter- mine such matters arising in the course of its duties, the decision of that tribunal, within the scope of its authority, is conclusive upon all others." 1. Tlie solicitors for complainants have strongly insisted and ably argued, however, "that Congress, in and by section 25 (act of 1898) and section 23 (act of 1902), intended to provide, and did provide, for the judicial ascertainment and adjudication of the ' rights' of the I »ela wares to the lands selected and occupied by them (includ- ing their titles), and for the ' segregation ' of said lands in such manner as shall pre- serve them in such condition that the judgment of the court, when rendered, may be applied thereto." 2. "That in this plain purpose and scheme of legislation there is no room or occa- sion for the exercise of any 'discretion' by the Secretary of the Interior," Congress having thus committed to the judiciary the jurisdiction which, in respect to the public lands, rests with the Secretary: that when the judgment of the Supreme Court shall have been rendered and the Commission shall proceed to the work of allotment in conformity to the terms of the judgment and the individual rights of the Delawares, the question of the duty of the Secretary, in respect to that situation and the correc- tion of errors, will be presented. If you concede the first proposition, viz, that Congress has by these two sections committed to the judiciary the jurisdiction which, in respect to the public lands, rests with the Secretary, and has also committed to the judiciary the adjudication, not only of the rights of the Delawares to the lands selected and occupied by them, but the" very titles to them, as well as the segregation of said lands, in such manner as the court may determine appropriate to its judgment, then you may well concede the second, viz, that in this scheme of legislation there is neither room nor occasion for the exercise of "discretion" by the Secretary of the Interior, and that the statute laysno duty upon him until it'comes to the matter of allotment in conformity to the court's judgment, when the question of correcting errors may be presented. 86 ALLOTMENT OF LANDS TO DELAWARE INDIANS. But why should Congress have made this case so exceptional? And especially when it has heen the settled and uniform policy of the Government, eversincetheestablishment of the Department of the- Interior more than half a century ago, to place the super- vision and control of thC Indians and of Indian affairs in the hands of the Secretary of the Interior; a policy thai certainly is not t<> be abrogated unless the intention so to do is plainly manifest in the statute. The court has* already called attention to these two sections in connection with section 22 of the act of L898, as clearly impos- ing upon the Secretary the duty of directing said segregation and officially approving it before it can become effective, and that this duty is not ministerial, but judicial in its character, and therefore calls for the exercise of a sound discretion. The jurisdiction thus conferred upon the Commission and Secretary is, in the opinion of the court, quite apart from that conferred upon the Court of Claims and the Supreme Court of the United States on appeal. A controversy having arisen between the Cherokee Nation and the Delawares in respect to these lands — that is, as to what the Delawares obtained by their purchase of 1867 and their "rights" under that con- tract — Congress determined that this controversy should he made the subject of judi- cial inquiry and adjudication. It therefore conferred jurisdiction upon the Court of Claims with the right of appeal to the Supreme Court of the United States, for that purpose and for no other. The jurisdiction thus conferred upon the judiciary was exclusive, leaving nothing for the determination of the Secretary of the Interior, so far as the subject-matter of the suit, or the "rights" of the Delawares therein, are concerned. The jurisdiction of the Commission and the Secretary of the Interior, touching the segregation and allotment of said lands, is equally exclusive, leaving nothing, so far as the segregation and allotment of said lands are concerned, for the determination of the courts. The jurisdiction of the court and of this special tribunal being thus independent of each other as to their respective duties, ami Congress having framed the act of 1902 so as to meet the situation, whether the segregation preceded or succeeded the final judgment of the court, it must be assumed from that fact and from the very issue involved in the suit that in the meantime the rights of both parties, "as the same may be finally determined by the court," are fully and absolutely protected, as is expressly provided for in section 23, and moreover, that when the court renders its judgment there can be no possible difficulty in allotting and disposing of said lands to the Delawares " in conformity to the terms of the judgment and their indi- vidual rights thereunder." In the course of the argument in this case, which was aide and exhaustive on both sides, considerable stress was laid upon the fact that, by stipulation of counsel, the amended schedule of segregated lands, so called, has been embodied in the record of the suit now pending in the Supreme Court of the United States, and therefore the judgment of that court must necessarily be based upon such schedule. Even the Commission, in its report of April 20, 1903, expressed some apprehension that the Supreme Court, in deciding the Delaware suit, may approve this schedule, thus made a part of the record in that case. In my view of the case this apprehension is entirely groundless. No stipulation of counsel can oust either the court, orthe Com- mission, or the Secretary of the Interior, of their respective' jurisdiction and duty under the law. This attempted segregation did not thereby become complete ami final, and it can not become so until the specific lands to be set apart for the Delawares have been duly selected and properly and correctly scheduled; exclusive jurisdiction to do this is conferred upon the Dawes Commission, subject to the direction of the Secretary of the Interior, as provided in section 23 of the act ot 1902. While an imperfect. unapproved, and impossible schedule has thus found its way into the record in the pending suit of the Delawares against the Cherokees, it can be of no binding force until it has been revised and amended so as to meet the requirements of the statutes, and is then finally ratified and affirmed by the Commission and the Secretary of the Interior, to whom are given exclusive jurisdiction in this behalf. The province of the court is not to approve such schedule, but it is simply to decide the questions involved in that suit and to determine what interest the Dela- ware citizens have in the lands and funds of the Cherokee Nation. The segregation of the 157,600 acres was not, and is not, a condition precedent to the institution and final determination of said suit; the final judgment of the court is not to apply to a given schedule of segregated lands embodied or to be embodied in the record of the case, but on the contrary it was and is To apply to the specific lands embraced in the final and completed segregation, when made by the Commission, under the direction of the Secretary, whether that segregation be made before the bringing of the suit, or during its pendency, or after final judgment therein. 1. Section 25 of the act of 1898 provides that before any allotment shall he made in the Cherokee Nation the Commission shall segregate therefrom 157,600 acres, but ALLOTMENT OF LANDS TO DELAWARE INDIAN^. 5< that such segregation shall be subject to the judicial determination of the rights of said descendants and the Cherokee Nation, under their agreement of April 8, 1867. 2. The same section authorizes the bringing of the suit now pending in the Supreme Court for that purpose. 3. Section 23 of the act of 1902 declares that "all Delaware Indians who are mem- bers of the Cherokee Nation shall take lands and share in the funds of the tribe as their rights" (thereto) "may lie determined by the judgment of the Court of Claims, or bv the Supreme Court if appealed * * * in the suit now pending." Therefore it was that, inasmuch as the Commission had not, up to that time (July 1, L902), segregated the 157,600 acres or made any allotments to the ( 'herokee Nation, as they were empowered to do under section 25 of the act of 1898; and might not do so until after the Supreme Court had decided said suit, and thereby determined the rights of the parties under the agreement of 1867, that it was expressly provided by section 23 what should be done by the Commission in the meantime, viz: (a) "If said suit be not determined before said Commission is ready to begin the allotment * * * the Commission shall cause to be segregated 157,600 acres of land, etc. * * * such lands so to remain, subject to disposition according to such judgment as may be rendered in said cause. (6) "And said Commission shall thereupon proceed to the allotment i >f the remain- ing lands."' The necessary inference being that if the suit was decided before the Commission is ready to begin the allotment they must proceed in the same way, viz: 1. Segregate the 157,600 acres for the Delewares. 2. Allot the remaining lands of the Cherokee Nation. But in any event, whether this segregation and allotment took place before or after the determination of said suit, the 157,600 acres once segregated were to be kept segregated — "Subject to disposition according to such judgment as may lie (or may have been) rendered in said cause, and when (such) final judgment is rendered (said Commis- sion) shall allot lands to such Delawares in conformity to the terms of the judgment and their individual rights thereunder." In view of the fact that section 23 also provides that "nothing in this act (1902) shall in any manner impair the rights of either party to said contract (1867) * * * or interfere with the holdings of the Delawares under the same until their rights * * * are determined bv the courts in their suit now pending." There was nothing in the situation demanding that the 157,600 acres should first he segregated and a schedule thereof made a part of the record in that case in order that the judgment might he effective. In the very nature of the case the judgment can operate with equal certainty and with equal justice on these segregated lands, whether such segregation occurs before or after such judgment is rendered. The only possible way to defeat this would be through an actual and conflicting allot- ment of the remaining lands (such as was partially effected in this case) before the segregation has been regularly and finally completed. Congress has wiselv provided against such contingency — "1. By providing in effect that the segregation to be made by the Commission is to be made under the direction of the Secretary of the Interior, which in effect means subject to his approval. "2. That no allotment of the remaining lands can be legally made until there is first segregated and set apart therefrom the 157,600 acres for the Delawares in manner and form required bv the statutes." It therefore follows that as no allotment can be made until the segregation is finally and correctly completed, and as such segregation will not be so completed until all necessarv amendments and corrections thereof have been made and finally approved, that the rights of both parties to the contracts of L867 and the holdings of the Delawares thereunder, as the same may be finally determined by the court, are amplv safeguarded, and that the judgment of the court, which is to determine the rights of the Delawares in and to the lands and funds of the Cherokee Nation o-ener- allv, and not the title to specific lands and allotments, will operate with equal effect upon the 157,600 acres, whether the same be segregated before or after the rendition of such judgment bv the Supreme Court of the United States. "It is not * * * the mere fact that a public officer is attempting to exercise a void authority which induces a court of equity to restrain him, but that, notwith- standing he is a public officer, he is about by such exercise to do an act which brings the case within its peculiar jurisdiction." (Eaton on Equity, p. 604. ) So, in this case, there is nothing in the light of the sworn answer of the Secretary of the Interior and accompanying affidavits and exhibits filed herein to warrant the relief praved for, either on the ground of irreparable injury to the rights of the com- plainants^ the avoidance of a multiplicity of actions or proceedings to correct alleged 88 ALLOTMENT OF LANDS TO DELAWARE INDIANS. w rongs, or upon any other ground set up in the bill or falling within any one of the acknowledged heads of equity. In view of the opinion thus announced by the court, the injunction prayed for in this case is denied ami the temporary restraining order discharged. No. N.Y In the Supreme Court of the District of Columbia. George Bullette et al., v. Ethan Allen Hitchcock, Secretary of the Interior, et al. No. 23991. 'Equity docket 53. This cause coming on to he heard upon bill of complaint and exhibits, the answer of the defendant, Ethan Allen Hitchcock, Secretary of the Interior, and affidavits, the amended bill of complaint, and exhibits, and the answer of said defendant Hitch- cock thereto and exhibits, and being argued by counsel, it is, by the court, this 6th day of October, A. D. 1903, adjudged, ordered, and decreed that the prehminary in- junction prayed for in said bill be, and it is hereby, denied, and that the temporary injunction heretofore granted in this cause be, and it is hereby, discharged. Thos. H. Anderson, Justice. True copy. Test: J. R. Young, Clerk, By F. E. Cunningham, Assistant < 'lerk. No. 86. [Telegram.] Washington, September 28, 1903. Bixbv, Chairman, Muscogee, Ind. T.: Judge Anderson, supreme court District Columbia, in equity No. 23991, Bulette et al. v. Hitchcock et al., refused injunction and discharged temporary restraining order this morning. Thos. Ryan, Acting Secretary. No. 87. Department op the Interior, Washington, October 9, 1903. Commission to the Five Civilized Tribes, Muscogee, Ind. T. Gentlemen: There is inclosed herewith for your information copy of opinion of Mr. Justice Anderson, in the case of George Bullette et al. v. Ethan Allen Hitch- cock, Secretary of the Interior et al., No. 23991. Respectfully, Thos. Ryan, Acting Secretary. No. 88. June 6, 1903. The President: The Delaware Indians in the Cherokee Nation in the Indian Territory have been for many years in peaceful possession of certain lands in said Territory, on which they have established homes and have made improvements that have cost them in the a<_ r <. r regate several hundred thousand dollars. Their right to undisturbed occupancy, while judicial proceedings presently to be explained are pending in respect of their titles, is guaranteed by treaty provisions and by the laws of the United States, yet their right is now being questioned, their occupancy attacked, their property trespassed upon and threatened with injury and destruction in a manner so unwarranted, so extraordinary, and so disastrous, that ALLOTMENT OF LANDS TO DELAWARE INDIANS. 89 I feel it to be my duty to bring the matter to your attention, and to ask you to pro- tect my people from the irreparable losses that are threatened. I premise by saying that I ask for nothing more than that the lands to which I refer shall be protected from trespassers and preserved in their lawful condition in the way and for the time prescribed by the statutes to which I shall refer. In 1867 the Delaware Indians bought of the Cherokees 157,600 acres of the lands of the Cherokees in the Indian Territory, for which they paid in cash 8157,600. The Delawares selected and entered upon the lands so purchased, and made homesteads and improvements, and contended that under the terms of their purchase the lands, to the extent of 157,600 acres, should be set apart to them and that they should be given title thereto ; but the Cherokees soon afterwards contended that the Delawares had purchased nothing more than the right to live on the lands. In order to settle this dispute Congress, in the act approved June 28, 1898, entitled • - An act for the protection of the people of the Indian Territory, and for other pur- poses," by section 25 thereof provided that, before any allotment should be made of lands in the Cherokee Nation, there should be segregated by the Commission to the Five Civilized Tribes the 157,600 acres purchased of the Cherokees by the Dela- wares, subject to judicial determination of the rights thereto of the Delawares and Cherokees, and provided also for the institution of a suit in the Court of Claims to determine the questions at issue in respect of the meaning of the contract between the Delawares and Cherokees. The suit so authorized was duly begun in the Court of Claims, and was on appeal taken to the Supreme Court of the United States, where it is now pending on appeal. The lands were not then segregated, as provided for by the act, but Congress made further provision for their segregation, and by the twenty-third section of the act of July 1, 1902, directed that all Delaware Indians who are members of the Cherokee Nation should take lands as their rights should be determined by the judgment of the Court of Claims or the Supreme Court, in the suit already instituted by the Dela- wares against the Cherokees, and that the Commission to the Five Civilized Tribes should segregate 157,600 acres of land, including the lands which had been selected and occupied by the Delawares under their agreement with the Cherokees, subject to disposition according to such judgment as may be rendered in said cause. By the same section it is expressly provided that — " Nothing in this act shall in any manner impair the rights of either party to said contract as the same may be finally decided by the court, or shall interfere with the holdings of the Delawares under their contract with the Cherokees of April 8, 1867, until their rights under said contract are determined by the courts in their suit now pending against the Cherokees." Notwithstanding the plain provisions of the acts of Congress referred to, notwith- standing the fact that the suit mentioned is still pending and undetermined, and notwithstanding the injustice and injury that must certainly follow the disregard and disobedience of said laws, the Commission to the Five Civilized Tribes, under the direction or with the approval of the Secretary of the Interior, has received and allowed to be tiled with the Commission applications by Cherokee Indians for and entries of lands so segregated as above stated, and selected and occupied by Delaware Indians, and has given notice to the Delawares occupying lands which they have selected to appear and contest said entries, although it is plain that the Delaware Indians can make no contest and can have no title in severalty to the lands so occupied by them until after the determination of said suit. The Commission has also permitted trespassers, under color of applications and entries made by them and permitted to be filed, to go upon lands so occupied by Delaware Indians and to commit waste, to injure and tear down fences, and cut trees. The dangers resulting from the allowance of entries to be made now as stated, and the requirement of the Delaware Indians to appearand make contest to protect their titles and rights of occupancy, are made conspicuous by the fact that the Delawares have now no titles, and that the act of Congress last referred to confines all right of contest to the period of nine months from the date of filing or making application. The title of the trespassers would or might be confirmed, and the Delawares have no opportunity to make defense. ( m behalf of my people I have protested without avail to the Commission and to the Secretary of the Interior against what seems to me to be a gross violation of law, and I am daily in receipt of letters and telegrams from Delaware Indians asking that something be done to put a stop to trespasses, the perplexities and serious embar- rassments in which they are being involved. After consultation with my counsel, Messrs. Walter S. Logan, Nathaniel Wilson, and George S. Chase, a bill in equity was filed in the supreme court of the District of Columbia against the Secretary of the Interior and the Commission to the Five '.Ml ALLOTMENT OF LANDS TO DELAWARE INDIANS. Civilized Tribes, setting forth at Length the facts and considerations which arc here stated in substance, and, on application, a preliminary restraining order was issued, without hesitation, by the judge holding the said court, returnable on the L9th instant. I aver on behalf of my people that they and I are greatly averse to being placed in a position of antagonism toward the Secretary of the Interior and the Commission to the Five Civilized Tribes, and that they can ill afford the expense and trouble of further litigation. In the hope and in the linn belief that you will see that the laws I have referred to are faithfully observed and executed for the protection of the small and helpless baud of Indians in whose behalf I write, I remain, Very respectfully, yours, Richard C. Adams. No. 89. Washington, D. C, Jam 8, 190S. The Secretary of the Interior. Sir: In compliance with your verbal request made this day for certain memoranda relative to the statements contained in the letter of R. C. Adams dated June 6, 1903, addressed to the President and referring to the lands claimed by the Delaware Indians in the Cherokee Nation, Ind. T., I have the honor to respectfully submit the following: The Commission to the Five Civilized Tribes is directed to cause to be segregated for the benefit of the Delawares 157,600 acres of land of the Cherokee Nation by section 22 of the act of Congress of July 1, 1902 (32 Stat. L., 716), pending the deter- mination of the suit of the Delawares /'. The Cherokee Nation. Section 22 of said act is as follows: "All Delaware Indians who are members of the Cherokee Nation shall take lands and share in the funds of the tribe, as their rights may be determined by the judg- ment of the Court of Claims, or by the Supreme Court if appealed, in the suit insti- tuted therein by the Delawares against the Cherokee Nation, and now pending; but if said suit be not determined before said Commission is ready to begin the allotment of land of the tribe as herein provided, the Commission shall cause to be segregated one hundred and fifty-seven thousand six hundred acres of land, including the lands which have been selected and occupied by Delawares in conformity to the provisions of their agreement with the Cherokees dated April eighth, eighteen hundred and sixty-seven, such lands to remain, subject to disposition according to such judgment as may be rendered in said cause; and said Commission shall thereupon proceed to the allotment of the remaining lands of the tribe as aforesaid. Said Commission shall, when final judgment is rendered, allot lands to such Delawares in conformity to the terms of the judgment and their individual rights thereunder. Nothing in this Act shall in any manner impair the rights of either party to said contract as the same may be finally determined by the court, or shall interfere with the holdings of the Del- awares under their contract with the Cherokees on April eighth, eighteen hundred and sixty-seven, until their rights under said contract are determined by the courts in their suit now pending against the Cherokees; and said suit shall be advanced on the dockets of said courts and determined at the earliest time practicable." On December 16, 1902, there was tiled with the Commission by R. C. Adams, rep- resenting the Delawares, an amended schedule of lands selected by the Delaware Indians in the Cherokee Nation, and said schedule contained the stipulation of coun- sel as follows: "In pursuance of leave reserved and granted by the court upon the final hearing of this case, it is hereby stipulated and agreed that the record herein be amended by substituting in place of the incorrect descriptions given in the record herein of the 157,600 acres selected and claimed by the Delawares the annexed descriptions which, upon careful examination, have been found correct. " And it is further stipulated and agreed that the court may, in its decision ami final judgment herein, use the annexed correct description in the place of the incorrect descriptions contained in said record, provided, however, such substituted descrip- tions do nut interfere with the lawful rights or claims of other Cherokee citizens. "Walter S. Logan, Attorney for Petitioners. "William T. Htjtchins, Attorney for Respondent. "Washington, D. ('., December 10, 1902" Pursuant to the requirements of the law, the Commission on December 17, 1902, adopted the following resolution: "Be it resolved, by the Commission, That the acting chairman cause to be set aside and segregated 157,600 acres of land in the Cherokee Nation, in accordance with the pro- visions of section 23 of the act of Congress approved July 1, 1902 (Public — No. 241), ALLOTMENT OF LANDS TO DELAWARE INDIANS. 91 subject to disposition according to such judgment as may be rendered in the case of The Delaware Indians v. The Cherokee Nation now pending in the United States Court of Claims, and as shown by the description of said land in the stipulation of counsel for parties in said case, dated at Washington, D. C, December 10, 1902." The acting chairman in proceeding to carry said resolution into effect, discovered numerous errors and discrepancies, and on January 5, 1903, the attention of counsel representing petitioners and respondent was called to the existing state of affairs, and on January 23, 1903, the Commission received from R. C. Adams, claiming to repre- sent the Delaware Indians at Washington, a certified copy of a "second amended schedule of lands selected by the Delawares as per stipulation of counsel." A comparison of the errors and discrepancies reported by counsel to the Commis- sion, with the corrections made in the second amended schedule, shows that the discrepancies which counsel failed to correct have reference to lands reported by the Indian inspector for Indian Territory to have been reserved by the Secretary of the Interior for town sites. The Commission had reported that said schedule of Delaware lands embraced certain lands within the limits of the town sites of Bartlesville, Lenepah, and Salisaw. Referring tosaid report, Mr. Adams takes exception to the action of the Department, and in his letter states: "On page 14 we take exception to the town of Bartlesville intruding on Delaware lands. * * * ( )n page 54, which you claim that part of the selection belongs to the town of Lenepah, we do not concede this for the same reason as above — that is, we have made the selections before the town was surveyed. * * * And on pages 73 and 74 we contend that our rights to this land are older and better than the rights of the town of Salisaw." Immediately upon the opening of the Cherokee land office at Vinita, Ind. T., on January 4, 1903, certain Cherokee citizens made application for allotment of land embraced wholly or in part within the lands segregated for the Delawares. From time to time, as opportunity offered, numerous other Cherokee citizens have like- wise applied for lands within the Delaware segregation. These Cherokee citizens claim in almost every instance to have their homes upon these lands, to have been in pi issession for many years, and to own valuable improvements on the same. They furthermore state that no Delaware citizen has ever occupied these lands or owned any improvements thereon. With a view to protecting the rights of all the citizens of the Cherokee Nation, the Commission has accepted applications from those Cherokees who claimed rights to these lands by reason of possession and occupancy, reserving final action pending determination of the suit referred to. In no sense can these applications be consid- ered as allotments. They may be construed rather as in the nature of the notice to the Department of adverse claims to the particular tract of land involved. Mr. Adams has been repeatedly assured that the Commission did not consider these applications as final allotments, and that no allotment certificates would be issued in such cases prior to final determination of all matters in controversy. But notwithstanding the stipulation of counsel that the substituted descriptions are not to interfere with the lawful rights of other Cherokee citizens, and of the equities in the premises, Mr. Adams takes the position that if the final decision of the courts is favorable to the Delawares, the specific 157,600 acres will vest absolutely in the Delawares. Can any position be more untenable? May it seriously be con- templated that the Department or the courts will take lands from certain Cherokee citizens to which they possess lawful right and hand them over to other citizens without giving the former an opportunity to have their day in court or to even file a notice of their claims? Numerous Delaware citizens have presented themselves at the land office and requested to be permitted to make a final selection of the lands containing their improvements and upon which they reside, claiming that their lands are not included within the Delaware segregation, and the statement has been repeatedly made that the Delaware business committee refused to schedule for segregation the lands of any Delaware who failed to pay his pro rata share of the fee which the committee demanded. 1 am informed that the Delaware Indians, whose rights are thus unpro- tected, are generally in moderate circumstances, and the improvements upon the lands occupied by them, in most instances, represent the work of a lifetime. It is evident, however, that while a considerable quantity of land claimed and occupied by Delawares has not been included in the schedule and made a part of the record, an amount of the public domain of the Cherokee Nation sufficient to bring the total segregation up to 157,600 acres has been included therein. Is it not, therefore, quite possible that in numerous instances the lands rightfully belonging to other citizens of the Cherokee Nation have been embraced within the Delaware segregation'.' 92 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Under all the circumstances it is believed by the Commission, as heretofore stated in another communication, that the lands embraced in the several schedules and made a part of the record have not been selected with due regard for the best interests of the Delawares generally or the other citizens of the Cherokee Nation, and that all reasonable precaution should betaken to prevent the possibility of action by the Department or the courts that might be prejudicial to the right of any Chero- kee citizen to select his home and cultivated fields in the final allotment of the lands of the Cherokee Nation. Respectfully, Ta.ms Bixby, Chairman. No. 90. Department of the Interior, Office of Indian Affairs, Washington, June 18, 1903. The Secretary of the Interior. Sir: I have the honor to submit herewith report of the Commission to the Five Civilized Tribes of the work done under its supervision for the month of May, 1903, which report I recommend be approved. Permit me also to report that there are the following citizenship cases now pending in this Office: Mississippi Choctaw 115 | Chickasaw 3 Choctaw by blood 31 Creek 4 Cherokee 66 j Creek Freedmen 1 Very respectfully, YV. A. Jones, Commissioner. No. 91. Department of the Interior, Commission to the Five Civilized Tribes, Muskogee, Ind. T., June 9, 190.3. The Secretary of the Interior. Sir: I have the honor to transmit herewith a report of the operations of the Com- mission during the month of May. The report is in duplicate, one copy for the Office of the Commissioner of Indian Affairs, and one for your Office, as required by the Department. Attention is called to the fact that, owdng to the absence of Commissioner Needles on leave of absence, and the absence of Chairman Bixby at Washington, this report is at present signed only by Commissioner Stanley and myself. It is considered pos- sible that Mr. Bixby can concur in the report at Washington, and he is currently advised of its being forwarded. In any event, it is deemed more in consonance with the Department's wishes to send the report, even in its partial form, than to delay any account beyond the period of receipt known to be desired by the Department. Also attention is called to the inability at this time of embracing in the report a statement of the land contest work for the month of May. The records of this divi- sion are of such a character that, on account of the enforced suspension of work on the 3d instant, the clerk in charge of the docket is unable to make up a summary until July 1, when the records at various offices will be accessible and the various clerks will return to work. Submitting the foregoing, I am, Respectfully, C. R. Breckinridge, ( 'ommissioner in ( 'hargi . No. 92. Department of the Interior, Commission to the Five Civilized Tribes, Muscogee, I ml. T., June 9, 1903. The Secretary of the Interior. Sir: We have the honor to submit herewith the following statement of the work of the Commission to the Five Civilized Tribes for the month of May, 1903. ******* ALLOTMENT OF LANDS TO DELAWARE INDIANS. 93 CHEROKEE ALLOTMENT DIVISION. Approximately 1,500 tickets of admission to the Cherokee land office were issued, making a total of 8,500 tickets issued to date. Of this number, approximately 3,500 tickets have been presented at the land office. Five hundred and forty citizenship certificates embracing 1,156 applicants and 220 reservation certificates, embracing 349 applicants, were issued during the month. Applications for 1,822 allotments and homesteads were received during the month. Of this number 1,269 were approved. The approval of 402 was withheld because the enrollment of the applicants as citizens of the Cherokee Nation had not been Finally approved by the Secretary of the Interior; 113 because the land applied for had already been allotted, and 38 because the land applied for was embraced in the 157,600 acres of land which the Commission caused to be segregated to the Delaware Indians. During the month there were allotted to the citizens of the Cherokee Nation 130,264.52 acres of land, valued at $412,235.95. Respectfully submitte* (.'/mi rum ii . ( :;i)/lli:.:si:;iir: C. R. Breckinridge, Commissioner. W. E. Stanley, Commissioner. (Through the Commissioner of Indian Affairs.) No. 93. Department of the Interior, Washington, June 22, 1903. The Commission to the Five Civilized Tribes. Gentlemen : The Department is in receipt of Commissioner Breckinridge's com- munication of the 9th instant, transmitting therewith "report of the operations of the ( Commission during the month of May," 1903. Said report is approved and there is inclosed herewith copy of the letter of transmittal of the Commissioner of Indian Affairs, recommending its approval and reporting the number of citizenship cases now pending in his office. Respectfully, E. A. Hitchcock, Secretary. No. 94. Department of the Interior, Office of Indian Affairs, Washington, July 20, 1903. The Secretary of the Interior. Sir: I have the honor to transmit herewith a report from Inspector Wright dated July 9, 1903, transmitting a report from Agent Shoenfelt dated May 25, 1903, for- warding a communication from Richard C. Adams dated May 14, 1903, inclosing a copy of a resolution passed by the Delaware council on May 12, 1903, asking that the Delaware citizens be placed in the possession of lands set aside for them in the Cherokee Nation. The inspector invites attention to section 21 of the Cherokee agreement, and states that he does not understand that the Delaware lands have been allotted, and that action can not therefore be taken by the Indian agent under the provisions of section 21 of the agreement. He further states that if the lands referred to have been finally segregated for the Delaware Indians, and if the same will be allotted to them regardless of the outcome of the pending suit, it would seem that the Delaware Indians should be placed in the possession of their land, and he submits the matter for consideration with recom- mendation that the Indian agent be instructed to remove objectionable persons from the lands mentioned, if the Department shall consider it proper to issue such instruc- tions. The matter relating to the segregation of Delaware lands is now pending before the supreme court of the District of Columbia, and the Office is not advised \)4 ALLOTMENT OF LANDS TO DELAWARE INDIANS. whether the Departmenl holds that the Delaware lands has or has not been segre- gated, neither does the < Mfice understand that allotment certificates have been issued by the Commission for any of the Delaware lands (Covering the alleged segregation, ami the Indian agent it seems under the law is without authority to place a citizen in possession of lands until such time as the allotment certificate shall have been issued. Very respectfully, W. A. Jones. Commissioner. No. it.'). Department of the Interior, Muskogee, Ind.T., July 9, mos. The Secretary of the Interior. Sir: I have the honor to transmit herewith a communication from the United States Indian agent at Union Agency, dated May 25, 1903, with which he submits a communication from Mr. Richard C. Adams, inclosing a copy of a resolution passed by the Delaware Indians in council assembled at Dewey, Ind. T., on May 12 last, in which request is made for the removal of all persons other than Delaware Indians, or descendants of such Indians, from the lands segregated for the use of Delawares in the Cherokee Nation. Section 21 of the act of July 1, 1902 (32 Stat. L., 716), provides: "Allotment certificates issued by the Dawes Commission shall be conclusive evi- dence of the right of an allottee to the tract of land described therein, and the United States Indian agent for the Union Agency shall, under the direction of the Secretary of the Interior, upon the application of the allottee, place him in possession of his allotment, and shall remove therefrom all persons objectionable to him, and the acts of the Indian agent hereunder shall not be controlled by the writ or process of any court." It is not understood, however, that the Delaware lands have in any sense been allotted, and therefore action could not be taken by the Indian agent under the pro- visions of the section above quoted, but if these lands have been finally segregated for the Delaware Indians, and will eventually be allotted to them, notwithstanding the outcome of the suit which is pending, it would appear that the Delawares should he placed in possession of their land, and I therefore respectfully submit ttie matter for the consideration of the Department, with the recommendation that if it is con- sidered proper and there is authority for such action, the United States Indian agent lie instructed to remove objectionable persons from these lands. Verv respectfully, your obedient servant, J. Geo. Wright, United States Tndian Inspector for Indian Territory. No. 96. Department of the Interior, United States Indian Service, Union Agency, Muscogee, Ind. T., May 25, 1903. Hon. J. W. Zevely, Acting United States Indian Inspector. Sir: There is respectfully inclosed herewith a letter, dated the 14th instant, from .Mi. Richard C. Adams, inclosing a copy of a resolution passed by the Delaware Indians on May 12, 1903, asking that they be placed in possession of land which has been set aside to them in the C'horokee Nation. In as much as this land has not been allotted and no certificates issued, I transmit the papers with the request that the Department he asked for instructions in the matter. Verv respectfully, J. Blair Shoenfei.t, United States Indian Agent. ALLOTMENT OF LANDS TO DELAWARE INDIANS. 95 No. 97. Kansas City, Mo., May 14, VMS. Hon. James Blair Schoenfelt, United States Indian Agent, Muscogee, Tnd. T. Dear Sir: Inclosed von will find resolutions passed by the Delaware Indians in council assembled at Dewey, Ind. T., on the 12th day of May, 1903. The Delaware Indians believe that they have a right to claim your protection against other persons infringing or intruding on the lands segregated under authority of the act of Congress approved July 1, 1902, and ratified by the Cherokees August 7, 1902, that said lands were segregated for the special benefit of the Delaware Indians and were ordered to so remain, and that the act of Congress above referred to did, by section 23, guarantee to the Delaware Indians the right to occupy said lands unmo- lested by any source whatsoever. Trusting that you will take steps to protect the interests of the Delawares, I am, Sincerely, yours, Richard C. Adams. Address reply to my office address, Bond Building, Washington, D. C. Whereas under the treaty of July 1, 1866, between the United States and the Del- aware Indians the United States agreed to acquire and to convey to the Delwares a tract of land which should be equal to 160 acres "for each man, woman, and child who shall remove to said country," which said lands were subsequently so purchased and paid for by the Delawares at a price thereafter agreed on; and Whereas by the fifth article of said treaty of 1866 it was provided that "the United States guarantee to the said Delawares peaceable possession of their new homes herein provided to be selected for them in the Indian country and protection from hostile Indians and internal strife and civil war," etc.; and Whereas under the provisions of section 23 of the act of Congress entitled "An act to provide for the allotment of the lands of the Cherokee Nation," etc., approved July 1, 1902, it was provided that in case the suit of the Delaw r ares against the Cherokee Nation should not be determined by the time the Commission to the Five Civilized Tribes should be ready to begin the allotment of lands in the Cherokee Nation, that in that case said Commission should "cause to be segregated 157,600 acres of land, including lands which have been selected and occupied by Delawares," etc.; and Whereas said suit of the Delaware Indians against the Cherokee Nation is still pending and undetermined in the Supreme Court of the United States; and Whereas the Commission to the Five Civilized Tribes has heretofore segregated the 157,600 acres of land above referred to, which has been designated upon maps duly tiled with said Commission, in conformity with the direction and wishes of the Dela- wares; and Whereas under section 21 of the act of July 1, 1902, above referred to, upon appli- cation of the beneficiaries, under the direction of the Secretary of the Interior, the United States Indian agent for the Union Agency is required to place the Indians in possession of their lands and to remove therefrom all persons objectionable to them; and Whereas, notwithstanding the guarantees of the United States hereinbefore recited, and notwithstanding the fact that the lands purchased by the Delawares have been segregated and set aside as in the act of July 1, 1902, directed, numerous persons not Delawares by blood or descendants of Delaware Indians, and not having authority from said Indians, have taken possession of certain portions of the lands so segre- gated and are attempting to hold the same against the wishes < if the 1 >elaware Indians: Therefore be it Resolved by the Delaware Indians in general council assembled, That the Secretary of the Interior and the United States Indian agent for the Union Agency are hereby requested to immediately remove from the lands segregated for the use of the Dela- wares all persons who are not Delaware Indians or descendants of Delaware Indians, or who are not occupying or holding said lands under the authority of Delaware Indians or descendants of Delaware Indians, and place such lands in possession of the Delaware Indians claiming the same, in compliance with the treaties and acts of Congress hereinbefore mentioned, and in justice to the rights of the Delaware Indians. Adopted May 12, 1903. Stephen A. Miller, Chairman. Edward D. Young, Secretary. 96 ALLOTMENT OF LANDS TO DELAWARE INDIANS. No. 98. Washington, 1>. ('.. July 18, 1903. Hon. Thomas Ryan, First Assistant Secretary Interior, Washington, l>. C. My Deab Sir: In the case of Bullette and others against the Dawes Commission and tin- Secretary, the preliminary injunction restrains the Dawes Commission during the pendency of the suit "from entering or receiving any applications for allotment of saiii segregated lands, from entertaining or considering any contests in relation to such application, from holding or determining that the statute of limitations referred to in subdivision, ."> has any application to any Delaware Indian by virtue of any application heretofore filed, or from taking any steps looking to or preliminary to the allotment of said segregated lands, or from committing any of the illegal acts set forth in the bill of complaint." We were informed immediately after the reopening of the land office at Tahlequah that the Dawes Commission had, in violation of the above restraining order, pro- ceeded to receive filings from Cherokees upon lands within the segregated limits, and that they were placing such applications on file just as they had previously done. We immediately telegraphed to Mr. T. B. Woodw T ard, an attorney at Dewey, Ind. T., directing him to proceed to Tahlequah and ascertain the facts. We also wired Mr. K. S. Murchison, an attorney at Tahlequah, to ascertain the facts and report to us by wire, and also to make an affidavit as to the present situation. We also communi- cated with a representative of the Indian Rights Association, whom we understood to be in the Territory, for such information as he might possess concerning this matter. We received from Mr. Murchison the following telegram: "Tahlequah, Ind. T., July 14, 1903. "Richard C. Adams, t "Bond Building, Washington: "Thirteen applications have been made during July. "K. S. Murchison." Also the following: "Tahlequah, July 16, 1903. "Richard C. Adams, "Bond Building, Washington: "When Cherokee applicants claim improvements on land, permitted to file subject to suit. "K. S. Murchison." On the 18th we received a telegram from Mr. Woodward, as follows: "Dewey, Ind. T., July 18, 1903. "Richard C. Adams, "Bond Building, Washington: "Have been to Tahlequah. Cherokees filing on any Delaware lands. Registered Delawares can't file. "T. B. Woodward." We also received, on yesterday evening (18th), a note from Mr. Brosius, in response to our inquiry, dated at Vinita, July 15, in which he says: "I notice the latest order of the D. Commission, as to filing on Delaware segre- gated lands, if not occupied by Delawares. "S. M. Brosius." On the 17th of July, Mr. R. C. Adams received a notification from the Dawes Com- mission, signed by C. R. Breckinridge, commissioner in charge of the Cherokee land office, notifying Mr. Adams that certain lands therein described, near Fort Gibson, and within the Cherokee segregation, were filed upon, on May 25, by one James S. Fuller, and notifying Adams as follows: "You are, therefore, hereby notified that you may appear at the Cherokee land office at any time within nine months after May 26th, 1903, and make application for the above-described tract of land, or any part thereof, claimed by you, and file con- test therefor if you so desire. "Respectfully, C. R. Breckinridge, "Commissioner iri charge of Cherokee Land Office." ALLOTMENT OF LANDS TO DELAWARE INDIANS. 97 Note. — The land last-above described is not only a part of Delaware segregation, but is claimed by Mr. Adams as his selection, the improvements thereon having been purchased by him from this same James S. Fuller, to whom he paid $1,000 in cash, the deed being on file in the register's office in the Cherokee Nation in accord- ance with the Cherokee law, all of which facts are well known to the Dawes Com- mission. While the filing was made before the restraining order was issued, this notice was served afterwards, showing that the Commission is going right along as if no order had been passed. I will gladly hand you the originals of all the above for examination if you desire them. I have not attached them, because I desire to call the attention of Judge Anderson to them, and after doing so, will hand them to you if you wish. You will note that every one of the acts above complained of are the very acts which are specifically mentioned and described in the resh*aining order, and which is now in full force. We are expecting fuller and more detailed information every hour, and as soon as it arrives I will take pleasure in putting you in possession of it. Respectfully, Geo. S. Chase. No. 99. [Telegram.] Depaktmext op the Interior, Washington, July 21, 1903. Ta.ms Bixby, Chairman Dawes Commission, Muscogee, Intl. T.: The Department is informed that the Commission is not obeying restraining order in Bullette et al. against Secretary Hitchcock and Dawes Commission. The Com- mission must suspend all action on applications for Cherokee allotments received prior to the suit and must not receive or act upon later applications until so directed. Report facts. Thos. Ryan, Acting Secretary. No. 100. [Telegram.] Muscogee, Ind. T., July 22, 1903. The Secretary of the Interior, Washington, 1>. C. Telegram of Assistant Secretary Ryan, 21st, refers to restricting 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. Needles, Commissioner in Charge. No. 101. [Telegram.] Muscogee, Ixn. T., July 22, 1903. Hun. Tnos. 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: ' ' W hereas many citizens of the Cherokee Nation not of Delaware blood claim that there is included in the Delaware segregation lands not held by Delawares but held I iy 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 S. Doc. 104 7 98 ALLOTMENT OF LANDS T< > DELAWARE INDIANS. 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 ngnts of claimants to such Lands, as provided in the Cherokee agreement approved July I. L902." 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, objeel 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 reso- lutions adopted by the Commission June 30. Thos. Ryax, 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 fur- nished. 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 (ieorge Bullette et ah 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 inclosed 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 lit 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, Justia ." 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 he passed upon by the court wherein the suit is instituted. It was for this reason that the Department in the telegrams of yesterday and to-day instructed the Commission that it was not even to receive applications for Cherokee allotments pending this litigation. Very respectfully, Thos. Ryan. Acting Secretary. ANDREW B.GRAHAM, PMOTO-LITH O.WASHINGTON, DC. ALLOTMENT OF LANDS TO DELAWARE INDIANS. 99 No. 104. Washington, D. C, An gust 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 15 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 Delawares to appearand 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 notify- ing 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 Delawares 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 ( >r 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, lie governed thereby in the matter of the riling by William Davis. Respectfully. Thos. Ryax. Acting Secretary. No. 106. Washington, D. C, August 6, 190.,. 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. I 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 inclosed map, which are the lands known as Del- aware segregated lands. I desire that this letter and the map remain on file in your 100 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 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 tiles 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, trulv, _ Richard C. Adams. No. 107. Department of the Interior, Washington, August IS, 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 Dela- ware lands were not segregated as required by the Cherokee agreement ratified August 6, 1902; that there are probably 50 Delawares 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 Delawares, who have no equitable or legal interest in it; that these Delawares, whose lands have not been segregated are at a great disadvantage with other citizens, because they can not file oiftheir land, and other Cherokee citizens are at liberty to file on lands held by these Delawares, 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 (lone 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, 190S. The Commissioner of Indian Affairs. Devr Sir: I write to know why all of the registered Delaware lands were not seg- regated, as required by the United States Cherokee agreement ratified August 6; 1902. There are probably 50 Delawares 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 Delawares who have no equitable or legal interest in it. Those Delawares whose lands have not been segregated are at a great disadvantage with other citizens. Thev 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 expen- sive, 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, Mai;y Nairn. Julia Hall. (Address Mary Nairn, Coodys Bluff, Ind. T. ALLOTMENT OF LANDS TO DELAWARE INDIANS. 101 No. 110. Department of the Interior, Washington, August .'4, 1903. The Commission to the Five Civilized Tribes. Gentlemen: The Department is in receipt of a communication from the Commis- sioner of Indian Affairs, dated August 15, 1903, 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 Dela wares 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 Delawares, who have no equitable or legal interest in it; that these Delawares 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 citi- zens are at liberty to file on lands held by these Delawares, 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. No. 111. Department of the Interior, Office of Indian Affairs, Washington, October 1, 1903. The Secretary of the Interior. Sir: I have the honor to submit herewith letter of the Commission to the Five Civilized Tribes of the 5th ultimo, acknowledging receipt of departmental letter of August 24, inclosing a letter from Mary Nairn, of Coodys Bluff, Ind. T., in which she states that she desires to know why all the registered Delaware lands were not segregated as required by the Cherokee agreement ratified August 6, 1902; that there are probably 50 Delawares whose lands are not segregated; that on the contrary half the land segregated belongs to the Cherokee, to the best of her knowledge and belief, or i> only nominally held by the Delawares, who have no equitable or legal interest in it; that these Delawares whose lands have not been segregated are at a great dis- advantage with other citizens because they can not file on their lands, but other Cherokee citizens are at liberty to file on lands held by these Delawares, and the only redress they have is a contest. She also states that the Commission has been asked to right the wrong, but so far it has not done so, and the Department requests a report concerning the matter com- plained of in this letter. In reply the Commission states that on April 19, 1903, it made a report to the Department concerning this Delaware segregation, and also reported upon a letter which had been received from William Nairn complaining of these same matters, in which report the Commission used the following language: "In addition to the contention of the Delawares for the lands embraced within the limits of the town sites mentioned, and for land claimed and in the possession of other Cherokee citizens, quite a serious situation with reference to the Delaware segrega- tion lias developed in the work of allotment. Not a few Delaware citizens have pre- sented themselves at the land office and asked to be allowed to make a final selection of lands containing their improvements and upon which they reside, claiming that no portion of the lands occupied by them is included within said Delaware segregation. "The Commission has been informally advised of cases of numerous other Delaware citizens, whose improved lands are not included within said segregation, and the statement has been frequently made that the representatives of the Delaware Indians, or their business committee, refused to schedule for segregation the lands of any Del- aware citizen who failed to pay a pro rata share of the fee which said representatives < >r (•( immittee demanded. The Delawares whose property rights are thus unprotected ai*e for the most part in moderate circumstances, and the improvements on the lands occupied by them represent, in most instances, the efforts of a lifetime. 102 ALLOTMENT OF LANDS TO DELAWARE INDIANS. "Theextenl of the condition of affairs last mentioned is indicated by the correspond- ence had with William Nairn, of Coodys Bluff, End. T., copies of which are hereto attached and marked Exhibit !•'.. "It is quite evidenl that while lands occupied by Delaware citizens have doI been included in this schedule of lands made a part of the record in the suit of the Dela- wares, an amount of the public domain of the Cherokee Nation sufficient to bring the total segregation up to L57, 600 acres has been included. "There are also attached hereto and marked Exhibits V and ( I, copies of reports of the clerk in charge of the Cherokee land office at Vinita, dated February L2, 1902, showing thai since the segregation of lands for Delawares by this Commission on December 17, 1902, the Department has fixed the exterior limits of the town site- of North Tulsa and Lawton, in the Cherokee Nation, which embrace, respectively, 20 and 25 acres of land theretofore included in said Delaware segregation. "Under all circumstances the Commission believes that the lands embraced in the original schedule and in the first and second amended schedules, made a part of the record in the case of the Delaware's, have not been selected with a due regard for the interests of either the Delaware citizens generally, or other citizens of the Cherokee Nation, and in so far as town sites are affected, without any intention of conforming to the laws relating to the establishment of such town sites. "The Commission is in receipt of a communication from Mr. Adams to lion. M. S. Quay, United states Senator from Pennsylvania, dated April 10, 1903, and referred by Senator Quay to the Commission. A copy of said letter and of Senator Quay's indorsement thereon is hereto attached, marked 'Exhibit H.' In this latest letter Air. Adams takes the position that the Commission is without jurisdiction to receive applications of Cherokee citizens for lands embraced in the Delaware segregation, notwithstanding the proviso of counsel in the stipulation hereinbefore set forth, pro- viding for the protection of the property rights of other Cherokee citizens. "The Commission believes that some steps should lie taken to guard against the possibility of the Supreme Court rendering a judgment adopting said schedule as the definite and specific tracts of land to which the Delawares are entitled under their claim, and respectfully request thai the Department may issue such instructions as it may deem proper in the premises." Further, the Commission says it is believed that the former report of the Commis- sion fully covered the facts complained of in the letter of Mary Nairn, and that nc addition of value can be made to such report at this time. 1 do not agree with the Commission in its statement that the former report, from which quotation is made, fully covers the facts complained of in the letter of Mary Nairn. If the lands she occupies, she being a Cherokee citizen of Delaware blood, were not included in the lands segregated for the Delawares she is entitled to pro- tection in her rights to as great an extent as any other citizen of the Cherokee Nation. On October -0. 1902, in its report relative to certain requests of Walter S. Logan, attorney for the Delawares, in their suit against the Cherokee Nation, the Commis- sion reported as follows: "The Commission holds that it has no authority under the law to make allot- ments to Delawares of land not embraced in the segregation required by the agree- ment; that the allotments to the Cherokees should beginat theearliest possible date; that upon the application of any Delaware citizen there should be reserved from allot- ment until the final determination of the suit mentioned, such lands not embraced in such segregation, not exceeding an amount equal in value to 1 10 acres of average allottable land of the Cherokee Nation "as contain permanent and valuable improve- ments owned by such Delaware citizen.' The Commission is of the opinion that if the course outlined by it is pursued the rights of the Delawares will he fully pro- tected." It appears from the complaint of Mary Nairn in this case that the Commission has not pursued the policy winch it reported in October, 1902, would he its duty with reference to the Delaware lands. This, of course, was before the so-called segrega- tion of the Delaware lands, hut in my judgment in no way altered the duty of the Commission. Mary Nairn, as a citizen of the Cherokee Nation, is entitled to have reserved to her the lands she occupies and has improved, and it should not be possi- ble for any other citizen of the Cherokee Nation to tile upon this land and compel her, in order to protect her rights, to institute contest proceedings. It is therefore my opinion that on application of Mary Nairn, or any other Delaware similarly sit- uated, the land occupied by them should be withheld from allotment, with notation on the books of the Commission that it is so held for their protection. Very respectfully, W. A. Jones, Commissioner. ALLOTMENT OF LAND- TO DELAWABE INDIAN'S. ION No. 112. DEPAB1 MEN1 oi 1 in I i EEIOR, ( Iommission to i in. Five < In ilized Tei i/".'"'/" Ind. T., September 6 (90S. The 8e< i: ii IB . OB I ill. I vi BBIOB. Sik: The Commission is in receipt of departmental Letter of August 24, inclosii letter from Mary Nairn, of Coodys Bluff, End. T., in which she state* thai she de ire to know why all the registered Delaware lam equired bj the < herokei agreement, ratified August 6, L902; thai there are probably 50 Dela wares whose lands are nol segregated; that on the conl rary, half the lands segregated belongs to the Cherokees to the best of her knowledge and belief, or is only nomi- nally held by Delawares who have no equitable or legal interesi in it; thai tl Delaware- whose lands have nol been d are al agreal disad antage with other citizen because they can nol file on their land, and other Cherokee citis are al liberty to file on lands held by these Dela tid the only redre - they Is a contest. Bhe also states thai the Commission has been asked to righl the wrong, and so far ii has not done so; and the Departmenl requi a report concern ing the matters complained of in said letter. In reply the Departmenl is advised thai on April 19, 1903, the Commission mad< a reporl to the Department concerning this Dela gation, and also reported upon a letter which had been received from William Nairn complaining ol these same matter-, in which reporl the Commission used the following Language: "In a' I' I it ion to the contention of the D< lav are* for the Lands i mbraced within the of the "own ites mentioned, and for land claimed and in th< on of other Cherokee citizens, quit* ation with reference to the D< vation has developed in the work of allotment. Nol a fey. Delaware cil have presented themselves al the land office and asked to be allowed to make a final selection of Lands containing their improvements and upon which they reside, claim- ing thai no portion of the lands occupied by them Is included within said Deli ition. "The Commi been informally advised ofcase ol numerous othei I rarecitizei improved lands are not included within said egregatii d the -n -nt has been frequenl ly made thai the representatives ol the Dela van [n< ir t heir business© i hedule foi I tela citizen who tailed to pay a pro rata -hare of the fee whieh :-air committee demanded. The Delawares, whose property rights are thus unprotected, ire for the mosl part in moderate circumstances, and the improvements on the h •cCupied by them represent, in mosl instances, the efforts oi a Lifetime. The ('..ten! oi t he con' I i i ion of at'ia i r- la -i mentioned i- indicated by the Ci spondence bad with William Nairn, of Coodye Bluff, [nd. T., copies of which an hereto attached and marked Exhibil E. "It is quite evident thai while lands occupied by Delaware citizen* havenol been included in the schedule of land- made a part of the record in the -nit of the Dela- wares an amount of the public domain oi the Cherokee Nation sufficient to - the total segregation up to 157,600 acres has been included. "Tin-re are also attached hereto and marked Exhibits F and <• copies oi re] of the clerk in charge of the Cherokee land office al Vinita, dated L2, 1903 Bhowing thai since the segregration oi lands for Delawares bj this Commission on December 17, L902, the Departmenl has fi ed th< North Tulsa and Lawtoninthi whichembrace 'and 25 acres of land theretofore included in said Delaware segregation. "Under all circumstances, the Commission believes thai the land- embraced in the original schedule, and in the firsl and second amended schedules, made a pari of the record in the case of the Delaware.-, have not been selected with a due yi-^-.wA foi the interests of either the Delaware citizens generally or other citizens of the Cherokee Nation, and in so far as townsites are affected, without any intention of conforming to the laws relating to the establishment of such townsites. 'The Commission is in receipl of a communication from Mr. Adam- to Hon. I Quay, United - ator from Pennsylvania, dated April L0, L903, and referred enator Quay to the Commission. A copy of said letter and of Senator Qu indorsement thereon is hereto attached, marked " Exhibit II." In this lal .Mr. Adams takes the position thai the Commission is without jurisdiction to re< applications of Cherokee citizens for lands embraced in the Delawan tion, notwithstanding the proviso of counsel in the stipulation hereii b provid- ing for the protection of the property rights of other Cherokee citiz 104 ALLOTMENT OF LANDS TO DELAWARE INDIANS. "The Commission believes thai some steps should betaken to guard against the possibility of the Supreme Court rendering a judgmenl adopting said schedule as the definite and specific tracts of land to which the Delawares are entitled under then claim, and respectfully request thai the Department may issue such instruction- as it may deem proper in the premises." It is believed thai the former report of the Commission fully covers the tacts com- plained of in the letter of -Mary Nairn, and thai no addition of value can he made to said report at this time. The letter of Mary Nairn is herewith returned. Respectfully, Tams Bixby, Chairman. {Through the Commissioner of Indian Affairs.) No. 113. Department of the Interior, Washington, October 7, 1903. Mary Nairn, Coodys Bluff, Tnd. T. Madam: In reply to your letter of August 8, 1903, to the Commissioner of Indian Affairs, requesting to be informed why all of the registered Delaware lands were not segregated as required by the Cherokee agreement contained in the act of July 1, 1902 (32 Stat.. 716), you are advised that on September 5, 1903, the Commission to the Five Civilized Tribes reported in the matter, referring to a former report from the Commission, which it states covers the facts complained of in your letter. "Without entering into any of the statements made by the Commission in its report of Septemder 5, 1903, or the Commissioner of Indian Affairs transmitting that report October 1, 1903, you are advised that on October 6, 1903, the Commission to the Five Civilized Tribes was advised that the schedule of lands upon which it made its so- called segregation of Delaware lands does not meet the requirements of the statute, in that it does not include allot" the lands which have been selected and occupied by Delawares, and in that it does include lands which no Delaware has selected and occupied, but to which other Cherokee citizens have claims based upon alleged set- tlement and improvements thereon. The Commission was therefore directed to proceed at once to make such examina- tion and investigation as would enable it to determine what tracts should be added to said list and what tracts now embraced therein should be excluded, care being taken to make the list cover the full quantity of land required to be segregated, and as soon as practicable to report the result of such investigation with suitable recom- mendation in the matter. It would appear that your proper course would be to consult with the Commission in regard to the segregation of any lands you may desire to have segregated. Respectfully, Tuos. Ryan, Acting Secretary, No. 114. Department of the Interior, Office of Indian Affairs, Washington, August SI, 1908. The Secretary of the Interior. Sir: I have the honor to transmit herewith report of the Commission to the Five Civilized Tribes of the 11th instant, covering the work of the Commission for the month of July, 1903, which I recommend be approved by the Department. In this connection permit me to state that there are the following citizenship cases now [lending in this office: Mississippi Choctaws 72 Choctaws by blood 46 Chickasaws by blood 11 Cherokees by blood <>2 Cherokee freedmen 80 Creeks by blood 6 Creek freedmen 2 Very respectfully, A. C. Tonner, Acting Commissioner ALLOTMENT <>K LANDS TO DELAWARE INDIANS. H>. r ) No. I L5. Department i i L teriob Commission to the Five Civilized Tribes, Muscogee, Ind. '/'., August //, 1908. The 8E( i:i:i ARl OF THE I KTERIOR. Sir: We have the honor to submil herewith the following statemenl of the work of the Commission to the Five Civilized Tribes for the nth of July, L903. There is merged in thisreporl the work accomplished by the Commission during the month of June, together with a statement showing the work of the allotmenl contesl divi- sion during the month of May, the same having been (.milled from the reporl for thai ni'iiii li heretofore submitted. ( 'herokee allotment division. Approximately 1,100 tickets of admission to the Chei okee land office were issued during the month of July, L75 to full bloods. A total of L0, 370 tickets have been issued to the close of the month, of which n ber, approxi- mately, l,ii(i(i have been presented al the land office. Four hundred and fifty-nine citizenship certificates, embracing 995 applicants, and 224 reservation certificates, embracing 366 applicants, were issued during the month. Applications for 1,850 allotments and homesteads were made during the month. Of this number, L266 were approved, the approval of 584 being \\ ithheld for variou reasons, viz: 433 because the enrollmenl of the applicants had nol been approved by the Secretary of the Interior; no because the land applied for had afready been allotted; and 1 1 because the land applied for was embraced within the 157,600 acree of land which the Commission caused to be segregated for the Delaware Indian The allotments made during the month include 123,098.88 acres of land, valued at $398,642.72. There wen- prepared during t he month 500 allotmenl certificates and 500 homestead certificates for the execution of the Commission. Allotment contest division. — The progress of the work in the allotmenl contesl divi- sion, <\uni>v the months of May, June, and July, and the condition of contested allotment cases at the close ei each month, as indicated by the records of thai divi- sion, are shown by the following detailed statement: ( herokee Nation: Contests instituted prior to May I, 1903 115 Complaints filed during May 131 Complaints returned for correction 26 Contests instituted during May L05 Total number of contests instituted up to and including May 31, 1903 220 ( 'onte-i- disposed of prior to .May 1 2 ( ontests disposed of during May I Contests pending before the Commission May 31 216 Contests pending before the Departmenl May 31 I T( >tal 220 The condition of the 216 Cherokee contest case pending before the Commission on May •'!! was as follows: Total ...216 Referred to Department for action on complaint and now awaiting further action of parties [ Cherokee Nation, total 227 The condition of the 222 Cherokee contesl cases pending before the Commission on June 30, 1903, was as follows: 222 Referred to Department tor action r ,n complaint and now awaiting further action of parties I Cherokee Nation, total 291 The condition of the 286 < 'herokee co- . all <»)' which w re pending before the Commission on July 31, was as follow-: Total 286 Respectfully submitted. 'I i I ! ( 'hairman. T. B. Needles, ( ommissioner. \V. E. S'i \ -.;,!. , . ( 'ommi ionei - [Through the Commissionei ol Indian Affairs.) 106 ALLOTMENT OF LANDS TO DELAWARE INDIANS. No. 116. Department of the Interior, Washington, September }, 1903. The Commission to the Five Civilized Tribes. Gentlemen: The Department is in receipt of your report covering the work of the Commission for the month of July, 1903. There is inclosed a copy of report of the Acting Commissioner of Indian Affairs transmitting your said report. Respectfully, Tjios. Ryan, Acting Secretary. No. 117. Department op the Interior, Office of Indian Affairs, Washington, September 17, 1903. The Secretary of the Interior. Sir: I have the honor to submit for your consideration letter of Richard C. Adams, representing the Delaware Indians, of the 14th instant, inviting attention to what he denominates the very great wrongs that are being perpetrated upon the Delaware Indians now residing in the Indian Territory, and the great injustice they are suffer- ing by reason of the failure of the United States to protect them in their rights as promised and guaranteed in the treaty of 1866, under which they consented to give up their homes in Kansas and to settle in the Cherokee Nation. Mr. Adams refers to the delays that have been incident to the location of the Dela- wares in the Cherokee Nation, the failure to have their lands, which they purchased, defined, and quotes from the treaty of 1866 as follows: "The United States guarantees to the said Delawares peaceable possession of their new homes * * protection from hostile Indians and internal strife and civil war," etc. Mr. Adams says further that notwithstanding all this, when the Dawes Commis- sion began negotiations with the Cherokee for the allotment of their lands in sev- eralty, the Cherokee at once set up a claim that the Delawares had no title to the 157,600 acres they had so purchased and paid for. In the meantime Congress had passed the Curtis Act, and a little later what was known as the " Cherokee allotment act," by the former of which it was provided that the Delaware Indians might institute a suit in the Court of Claims to determine the nature and extent of their title to the 157,600 acres so purchased by them, and in both of said acts it was provided that should the Dawes Commission proceed to allot any lands in the Cherokee Nation, the 157,600 acres selected and claimed by the Delawares should be segregated and set aside and so remain until the final determi- nation of said suit, and thereafter the Commission should proceed to allot the remain- ing lands in the Cherokee Nation. Having been authorized and directed by the Delawares in council assembled, Mr. Adams says he appealed to the Commission to have the lands selected and occupied by the Delawares segregated in accordance with the acts referred to, and supplied the Commission with schedules and maps thereof, which had been prepared with great labor and expense, copies of which were at the same time filed with the Department of the Interior. Notwithstanding the rights acquired by the Delawares by the various proceedings in this matter, and for reasons which Mr. Adams says he is unable to suggest, the Commission in January last began accepting applications for allotments by Cherokee of lands so selected and segregated for the Delawares. As the representative of the latter of these people he protested, and alleges that during the months of .March and April filings by Cherokee upon lands segregated for the Delawares became more and more numerous, and by May more than 200 of such filings had been made on the land so segregated. He also states that during all this time the Delawares who lived upon these lands and owned the improvements and had been in occupancy for many years, were denied the right to file; that protests against this outrage made orally and by letters and telegrams to the Commission and the Secretary and the Department were utterly disregarded, until finally, on June 2 last, all other means of self-protection having been tried and found of no avail, suit was brought by injunction on behalf of the Delawares in the supreme court of the District of Columbia against the Commis- sion and the Secretary of the Interior, and a restraining order granted requiring the defendants to desist from allowing any filings to be made upon lands so segregated, or from doing or performing any act or thing in connection therewith ; but that not- ALLOTMENT OF LANDS TO DELAWARE INDIANS 107 withstanding this, and notwithstanding the fact that the chairman of the Commis- sion was duly served with the restraining order, the Commission continued to receive selections and applications for allotments upon the segregated lands from persons other than Delawares, who have not now and never did have any interest in or claim thereto or to any part thereof — more than 27 such selections having been made since the service of the restraining order upon the chairman of the Commission — and in open violation and defiance thereof. These matters were again brought by Mr. Adams, so he reports, to the attention of the Department, and he was informed that orders were delivered by the Depart- ment to the Dawes Commission forbidding them to continue to receive such applica- tions, but still no attention was paid to the instructions, and the Commission has since continued to deal with such applications, to notify Delawares to appear and contest them within nine months, or be forever barred from claiming any interest in such land — all of which he declares to be in direct violation and defiance of the restraining order, unjust and unfair to the Delawares, and in violation of the plain mandatory provision of section 23 of the Cherokee allotment act, which has been referred to. Mr. Adams says correspondence in his office shows that Delawares of the high- est standing who have lived upon their present home — some of them for more than a score of yeara — have made lasting and valuable improvements there, have had their lots fiied upon by strangers who have not now and never have had a claim of any nature or kind to any part of the lands or to any of the improvements; and these people have set up claims and made leases, which leases have been assigned for the purpose of getting them into the hands of alleged innocent persons — mere specula- tors — and the Delawares are thus sent upon a pilgrimage of litigation with all its attendant uncertainties, delays, expenses, and vexations. Mr. Adams says he has himself received a letter signed by Tarns Bixby, commis- sioner in charge of the Cherokee land office and the individual upon whom the restraining order of the supreme court of the District of Columbia was served, the let- ter bearing date of August 31 last, stating that one James S. Fuller, of Fort Gibson, has appeared before the Cherokee land officeand claimed a part of the land on which he (Adams) owns all the improvements and for which he paid Fuller in full satisfac- tion in cash, which land is included in the Delaware segregation. Mr. Adams requests that the Indian agent be instructed to remove from the segregated land all persons objectionable to the Delawares, and likewise that the Commission to the Five Civilized Tribes be instructed to notify all parties who have made selections on the segregated lands that such selections have been canceled and that no contests will be heard, and no filings made until after the Supreme Court of the United States shall have determined the rights of the Delaware Indians thereto. The 157,600 acres of lands claimed by the Delawares are claimed by the Com- mission to have been segregated by it December 17, 1902, in accordance with the provision of law to which Mr. Adams refers. This land having been segregated was not subject to be filed upon by Cherokee or even Delawares who are citizens of the Cherokee Nation. A question having been raised as to the right of the Delawares to this land would in no wise justify the Commission in presuming that the claims of the Delawares would in the end be defeated, and the land subject to allotments as other Cherokee lands; but even if this were the case, the lands so segregated are in a very great measure occupied by Delaware Indians who have for years so occupied these lands, and they have a prior right to file, and a filing made by any other Cherokee upon the lands so occupied by them, even though no segregation had been made, would not vest in them any rights whatever unless they had received per- mission from the Delaware occupant to so file. Si i that in any event, these lands are not subject and have not been subject, since the so-called segregation by the Commission on December 17, 1902, to allotment to any citizen of the Cherokee Nation, and the Commission should not have accepted filings upon them even though no injunction proceeding had ever been brought. There is, therefore, no reason why a letter should have been addressed by the Com- mission to Mr. Adams notifying him of the fact that James S. Fuller had claimed a part of the land which had already been segregated for the Delawares. Even though he might claim that he had not transferred the right of occupancy to Air. Adams, and had not received any compensation therefor, if any injustice was done him it- was done by the Commission in having, without investigating his rights, attempted at least to segregate this land for the Delawares, and it is now too late to attempt to adjudicate his rights until a decision has been returned on the suits pending involv- ing the rights of the Delawares to the lands they claim. Having made what they believed to be a valid segregation of these lands, it was 108 ALLOTMENT OF LANDS TO DELAWARE INDIANS. the duty of the Commission to maintain the status of these lands as existing on the date which they claim as the date of the segregation. To now accept filings upon these lands from any citizens of the Cherokee Nation is, in fact, a repudiation by the Commission of the validity of its own act. It is not necessary in this letter to discuss the question of the adequacy or validity of the segregation made by the Commission, but certainly anything that has been done by the Commission in the way of accepting filings upon this land should be canceled, annulled, and held to have in nowise vested any right of occupancy in the person who may have hied upon the lands pending the decision as to the rights of the Delawares therei 1 1 . 1 therefore recommend that this letter be referred to the Commission, with instructions that any tilings they have accepted on lands set aside by the Commis- sion as within the 157,600 acres of Delaware lands shall be canceled, and any acts done by the Commission to in anywise change the status of these lands from what they were at the time of the so-called segregation be declared null and void, and of no effect, and without authority of law, and inconsistent with the duty of the Com- mission and its duties in connection with these lands. Very respectfully, W. A. Jones, Commissioner. No. 118. Washington, D. C, September U, 1903. Hon. W. A. Jones, Commissioner of Indian Affairs, Washington, D. C. Dear Sir: I desire to call your attention to the very great wrongs that are being perpetrated upon the Delaware Indians now residing in the Indian Territory, and the great injustice they are suffering by reason of the failure of the L T nited States to protect them in their rights, as promised and guaranteed in the treaty of 1866, under which they consented to give up their homes in Kansas and to settle in the Cherokee Nation. From the day of their removal to the present hour they have hardly known a moment's peace. They were moved from one locality to another, their crops and improvements abandoned and lost because the promised surveys were not made, they were denied participation in the distribution of tribal income and funds, their appeals to Congress and the departments for protection were unheeded, and for years they were compelled to beg for the right to a hearing in the courts which were freely open to the offscourings of every country on earth and denied only to people who had recently owned and possessed all the fair land, and from whom it had been taken with or without their consent and with or without compensation, as suited the purpose or caprice of the paternal Government. Here for the first and last time the Delaware Indians were accorded their rights, as provided and guaranteed by treaty, but only to the extent of the questions involved in the suit then brought, while as to all other matters their condition was no better than it had been before. By the terms of the treaty of 1866 it was provided that the lands purchased from the Cherokee and paid for in cash by the Delawares, at a very high price, should be immediately surveyed and "set-off with clearly and permanently marked boundaries by the United States," etc. This the ( '<< »vernment never did, though often requested to do so. Said treaty also contained the following: "The United States guarantee to the said Delawares peaceable possession of their new homes * * * and protection from hostile Indians and internal strife and civil war," etc. But notwithstanding all this, when the Dawes Commission began negotiations with the Cherokee for the allotment of their lands in severalty, the Cherokee at once set up a claim that the Delawares had no title to the 157,600 acres of land they had so purchased and paid for. Again the Delawares appealed to the Government, and particularly to the Interior Department, for protection, but, as always before, without avail. In the meantime Congress had passed what was known as the Curtis act, and a little later what was known as the Cherokee allotment act, by the former of which it was provided that the Delaware Indians might institute a suit in the Court of Claims, to determine the nature and extent of their title to the 157,600 acres so pur- chased by them, and in both of said acts it was provided that before the Dawes Com- mission should proceed to allot any lands in the Cherokee Nation, the 157,600 acres selected and claimed by the Delawares should be segregated and set aside, and so ALLOTMENT OF LANDS TO DELAWARE INDIANS. 109 remain until the final determination of such suit, and thereafter said Commission should proceed to allot the remaining lands in said nation. And now comes the crowning outrage upon the Delaware people, after all they have been compelled to suffer and endure in the past, notwithstanding their patriotism and loyalty to the United States. Having been authorized and directed by the Delawares in council assembled to do so, I applied to the Dawes Commission to have the lands so selected and occupied by the Delawares segregated in accordance with said acts, and supplied said Commis- sion with schedules and maps thereof, which had been prepared with great labor and expense, copies of which were at the same time filed with the Department of the Interior. In reply the said Commission expressed the opinion that no segregation was necessary other than the marking of the lands set out in said schedules, as reserved, and the withholding of the same from general allotment. The Depart- ment concurred in this opinion and so advised me in April, 1901. On December 17, 1902, the Commission, by a resolution regularly adopted, declared the lands so described in said schedules to be segregated and that the same should be withheld from allotment. Notwithstanding these facts, and for reasons which I am unable to suggest, the said Commission, in January last, began accepting applications for allotments by Cherokee of lands so selected and segregated for the Delawares. As the representa- tive of the latter, I immediately protested; but during the months of March and April the filings became more and more numerous, and by May more than 200 of such filings had been made on the lands so segregated. During all this time the Delawares, who lived upon these lands and owned the improvements and had been in occupancy for many years, were denied the right to file. My protests against this outrage, made orally and by letters and telegrams to the Dawes Commission and the Secretary of the Interior, were utterly disregarded, until finally, on June 2 last, all other means of self-protection having been tried and found of no avail, suit was brought by injunction, on behalf of the said Delawares, in the supreme court of the District of Columbia against the said Commission and the Secretary of the Interior, and a restraining order granted requiring the defendants to desist from allowing any tilings to be made upon the land so segregated or from doing or performing any act or thing in connection therewith. But notwithstanding the premises, and notwithstanding the fact that the chair- man of the Dawes Commission was duly served with the restraining order at the time said suit was brought, said Commission continued to receive selections and appli- cations for allotments upon said segregated lands by persons other than Delawares, and who have not now and never did have any interest therein or claim thereto or to any part thereof, more than 27 such selections having been made since the service of said restraining order upon the chairman of said Commission and in open viola- tion and defiance therei >f. These facts were again by me brought to the attention of the Department, and I am informed that orders were telegraphed by the Secretary of the Interior to the Dawes Commission forbidding them to continue to receive such applications, but still no attention was paid to such instructions, and said Commission has since continued to deal with such applications, to notify Delawares to appearand contest such applications within nine months, or be forever barred from claiming any interest in such land, all of which is in direct violation and defiance of said restraining order, unjust and unfair to said Delawares, and in violation of the plain mandatory provision of section 23 of the Cherokee allotment act referred to. It might be claimed that the ultimate rights of the Delawares could not be jeop- ardized by this action, inasmuch as if it should finally be determined that such appli- cations were improperly received they would have to he cancelled of record, and indeed this is the excuse offered by the Commission for its determination and per- sistence in receiving such applications and continuing to act thereon; but this is only a specious and makeshift excuse, for the reason, which is well known to the mem- bers of the Dawes Commission, that as soon as an application has been accepted the holder immediately asserts his right of possession, in some cases bringing an injunc- tion suit to prevent the Delawares from exercising any rights about or upon the premises, many of such suits being now pending. In other cases they immediately enter into lease, contracts with parties on the ground for the purpose, or the agents of companies organized for the purpose of operating in such leases, receiving therefor a small bonus and an agreement for a royalty in case said leases shall be finally sus- tained, and thus the fraudulent applicant obtains a small advancement with the possibility of future profits, a speculator obtains the opportunity of making a fight for something which if gained will be of great value, and if not, will represent but a comparatively small loss, and between the two the Delaware is wrongfully and out- 110 ALLOTMENT OF LANDS TO DELAWARE TNDIANS. rageously forced into litigation against rich and powerful opponents, which may last an indefinite time, and in which he may be compelled, through want of means and other discouragements, to abandon his birthright to a pack of irresponsible adven- turers and sharks, who are in the country to feed and grow fat out of operations upon those who through ignorance or want of means maybe unable to protector defend themselves. The limits of this letter will not permit of my taking up individual cases. Suffice it to say that the correspondence in my office will show that Delawares of the highest standing, who have lived upon their present homes, some of them for more than a score of years, have made lasting and valuable improvements there, and where their children have been born and have grown to manhood and womanhood, had their lands filed upon by strangers who have never lived within miles, and who have not now, and never have had, a claim of any nature or kind to any part of the lands or to any of the improvements, and these rascals have set up claims and made leases, which leases have been assigned for the purpose of getting them into the hands of alleged innocent persons, who are mere speculators, and these Delawares are thus sent innocent and unoffending upon a pilgrimage of litigation whose end no man can foresee, with all its attendant uncertainties, delays, expenses, and vexations, and he must stand by helpless and, with hands tied, denied the right to file upon his own home, and it pounced upon by strangers, with only the right reserved to him to litigate. These outrages need only to be mentioned that their enormity may be understood by one as familiar as yourself with the condition surrounding these people. I am myself in receipt of a letter signed by Tarns Bixby, Commissioner in charge of the Cherokee land office, and the very individual upon whom the restraining order of the supreme court of the District was served, bearing date of August 31 last, stating that one James S. Fuller, of Fort Gibson, has appeared before the Cherokee land office and claimed a part of the land on which I myself own all the improvements ami for which I paid him in full satisfaction in cash, and which is included in the Delaware segregation. This is only one of a great number of such notices being received daily by Delawares. I desire to appeal to you, knowing as I do your familiarity with the questions involved, your knowledge of the truth and justice of the position of my people, as I have stated it, and knowing, as all people know w r ho have had occasion to deal with your office, your great and sincere desire to see justice done to the Indians. If there is anything within your power that can be done for the relief of my people against tins outrage, I ask that you may do it as quickly as may be consistent with the duties of your office. I respectfully request that the Indian agent be instructed to remove from the seg- regated land ail persons objectionable to the Delawares, and likewise that the Dawes Commission be instructed to notify all parties who have made selections on the seg- regated lands that said selections have been canceled and that no contests will be heard and no filings made until after the Supreme Court of the United States shall have determined the rights of the Delaware Indians thereto. Very respectfully, Eichakd C. Adams, Representing Delaware Indians. No. 119. Department of the Interior, Washington, September 28, 1903. The Commission to the Five Civilized Tribes. Gentlemen: The Department is in receipt of a report from the Commissioner of Indian Affairs, dated September 17, 1903, transmitting a letter from Mr. Richard C. Adams, representing the Delaware Indians, calling attention to what he declares to be a very great wrong perpetrated upon the Delaware Indians now residing in the Indian Territory, by your Commission, in accepting applications for allotments of Cherokee of lands claimed to have been selected and segregated for the Delaware Indians, and requesting that the "Indian agent be instructed to remove from the segregated land all persons objectionable to the Delawares, and likewise that the Dawes Commission be instructed to notify all parties who have made selections on the segregated lands that said selections have been cancelled and that no contests will be heard and no filings made until after the Supreme Court of the United States shall have determined the rights of the Delaware Indians thereto." ALLOTMENT OF LANDS TO DELAWARE INDIANS. Ill The Commissioner of Indian Affairs recommends that said letter be referred to your Commission, "with instructions that any filings they have accepted on lands set aside by the Commission as within the 157,600 acres of Delaware lands shall be can- celled; and any acts done by the Commission to in anywise change the status of these lands from what they were at the time of the so-called segregation be declared null and void and of no effect, and without authority of law, and inconsistent with the duty of the Commission and its duties in connection with these lands." Before taking any action in the premises the Department desires a report from your Commission relative to the charges made by Mr. Adams concerning the accep- tance of applications by your Commission, after the receipt of notice of the order of the supreme court of the District of Columbia in the case of < reorge Bullette et al. /-. E. A. Hitchcock et al. (Equity, No. 23991). A copy of the Commissioner's report is inclosed herewith, and you are requested to return the letter of Mr. Adams with your said report. In connection with the statements made in this letter, you are referred to depart- mental letter of Septemher 19, 1908. Respectfully, Thos. Ryan, Acting Secretary. No. 120. Department of the Interior, Office of Indian Affairs, Washington, October 16, 1903. The Secretary of the Interior. Sir: Referring to Department letter of September 28, 1903, directing the Commis- sion to make report relative to the charges made by R. C. Adams concerning the acceptance of applications by the Commission after the receipt of notice of the order of the supreme court of the District of Columbia in the case of George Bullette et al. v. E. A. Hitchcock et al., I have the honor to inclose herewith a report from the Commission, dated October 7, 1903. Pages 1 to 3 of said report are virtually a reit- eration of the Commission's report of October 2, 1903, which was transmitted with Office letter of October 10, and as the report is made in duplicate, it is not believed by the Office that it is necessary to restate the part referred to. The Commission, however, inclosed a copy of the agreement entered into on August 28, 1901, between George Smith, of the Cherokee Nation, and Richard C. Adams, of Washington, and John Bullette, of Claremore, Ind. T. By this agreement George Smith purports to lease for himself, and as guardian of William B., Mark F., Ida Ethel, and Thomas Smith, his minor children, to Adams and Bullette certain lands described by the lease. The Commission also inclosed a list of persons who have executed to Adams and Bullette instruments similar to the one made in their favor by George Smith. The Commission says: "These inclosures will tend to enlighten the Department upon the good faith of Mr. Adams in his dealings with Delaware lands, and also the object which he has in making charges against the action of the Commission relating to the Delaware segregation." And that it is not deemed advisable to further comment upon the charges made by Mr. Adams in his letter of September 14, 1903, other than to say that there is no truth in his statement wherein he says: "I am informed that orders were telegraphed by the Secretary of the Interior to the Commission fori lidding them to continue to receive such applications, but still no attention was paid to such instructions, and said Commission has since continued to deal with such applications, to notify Delawares to appearand to contest such applications within nine months or he forever barred from claiming any interests in such lands." The Commission's report of October 2 showed that it made an error in sending to Mr. Adams a certain statement which had not been properly checked, and inasmuch as the Commission has been fully instructed concerning this segregation, and in view of its report of October 2, the Office does not consider that the subject admits of further discussion at this time. The Commission was instructed by the Deprrtment pertaining to the matter October 6, 1903. However, with reference to the form of lease agreement transmitted by the Commission, and the list of names, the attention of the Department is invited to letter of September 17, 1903, disapprov- ing certain leases from divers Delaware Indians, as lessors, to Richard C. Adams and John Bullette, as lessees, for the purpose of mining coal, petroleum, etc., on lands described by such leases in the Cherokee Nation. There was also transmitted a list which shows the names of the lessors. 112 ALLOTMENT OF LANDS TO DELAWARE INDIANS. One of the leases so disapproved has been compared with the form of lease trans- mitted by the Commission and lias been found identical therewith. The names of the lessors, as shown by said disapproved lease, have been checked with the list furnished by the Commission, and all of the names of said purported lessors appear upon this list except that of George Smith. The Department stated in its said letter of September 17 that the disapproved leases were received with Adams's letter of February 20, 1903. It would seem there- fore that the Department was long since advised of Mr. Adams's actions in this particular. Very respectfully, W. A. Jones, Commissioner. No. 121. Department of the Interior, Commission to the Five Civilized Tribes, Muscogee, Ind. T. , October 7, 1903. The Secretary of the Interior. Sir: Receipt is hereby acknowledged of departmental letter of September 28, 1903, requesting the Commission to report relative to the charges made by Mr. R. C. Adams, representing the Delaware Indians, concerning the acceptance of applications by this Commission after the receipt of notice of the order of the supreme court of the Dis- trict of Columbia in the case of George Bullette et al. /•. E. A. Hitchcock et al., and inclosing the communication of Mr. Adams making said charges, together with the copy of the report of the Commissioner of Indian Affairs thereon. In reply thereto the attention of the Department is respectfully called to the report of the chairman of the Commission under date of October 2, 1903, relative to the same matters of which Mr. Adams complains in the letter which the Department trans- mits in its letter of September 28, 1903. As said in that report of the chairman, at no time since the land office has been opened in the Cherokee Nation has it been the intention of the Commission to receive final applications for allotments of lands which were embraced in the Dela- ware segregation, but simply to allow those Cherokee citizens who claim to own improvements on lands which were included in the Delaware segregation to appear at the land office and make out their applications to select the lands on which they claim their improvements, and hold the same suspended without any further action until the final determination of the suit of the Delaware Indians against the Cherokee Nation now pending in the Supreme Court of the United States; and it may be fur- ther said that as soon as this Office was advised of the injunction suit and that a restraining order had been issued against the honorable Secretary of the Interior and this Commission by the supreme court of the District of Columbia, orders were immediately issued to the land office for the Cherokee Nation to take no action, receive no application, and in fact do nothing touching lands embraced within the Delaware segregation, and these orders were strictly complied with in intention, but as in the order referred to in the report of the chairman of October 2, a notice was inadvertently sent to Mr. R. C. Adams relative to lands which were in the Delaware segregation, but as stated therein the lands embraced in said notice were not prop- erly checked and it was permitted to go out by mistake, and not intentionally, and would have been caught later on in checking over the work at the land office. As therein stated, this mistake was immediately corrected upon receipt of departmental letter of September 17, 1903. The attention of the Department is also invited to the report of the Commission of April 20, 1903, calling attention to the various inaccuracies in the description of the lands embraced in the Delaware segregation, and calling the attention of the Depart- ment to the difficulties encountered by reason of the improvements of Cherokee citi- zens not of Delaware blood having been included in the Delaware segregated lands, and asking that the Department take some steps to protect those Cherokee citizens not of Delaware blood whose improvements had been included in the lands segre- gated for the Delawares, and it was in furtherance of a desire and an intention on the part of the Commission to protect the interests of such Cherokee citizens that the policy of permitting them to appear at the land office and make application for their lands when it appeared they were included within the Delaware segregation, and holding the same suspended," awaiting the final action of the Supreme Court in the Delaware suit. At no time has it been the intention or the desire of the Commission to in anyway complicate the seelawares in conformity to the pro- visions of their agreement with the Cherokees dated April eighth, eighteen hundred and sixty-seven, such lands so to remain, subject to disposition according to such judgment as may be rendered in said cause: and said Commission shall thereupon proceed to the allotment of the remaining lands of the tribe as aforesaid. Said Com- mission shall, when final judgment is rendered, allot lands to such Delawares in con- formity to the terms < >f the judgment ami their individual rights thereunder. Nothing in this act shall in any manner impair the rights of either party to said contract as the same may he finally determined by the court, or shall interfere with the holdings of the Delawares under their contract with the Cherokees of April eighth, eighteen hundred and sixty-seven, until their rights under said contract are determined by the courts in their suit now pending against the Cherokees, and said suit shall he advanced on the dockets of said courts and determined at the earliest time practi- cable." The suit referred to in section 2.S of the act was decided by the Court of Claims adversely to the Delawares on February -, 1903, ami was subsequently appealed by them to the Supreme Court of the United States, where it is now pending. ALLOTMENT OF LANDS TO DELAWARE INDIANS. 119 April 20, 1903, your Commission made a report of its action with respect to com- pliance with the provisions of said section 28, from which report it appears, among other things, as follows: That on December 10, 1902, there was tiled with your Com- mission by Walter S. Logan, claiming to he the attorney for the Delaware' Indians, a schedule of lands aggregating 157,600 acres selected by Delawares and claimed by them under the agreement of April S, 1867, with the Cherokee Nation; that on December 17, 1902, by resolution, your chairman was instructed to "cause to be set aside and segregated 157,600 acres of land in the Cherokee Nation in accordance with the provisions of section 23 of the act of Congress approved July 1, 1902 (Public, No. 241 ), subject to disposition according to such judgment as may he rendered in the case of the Delaware Indians v. The Cherokee Nation now pending in the United States Court of Claims and as shown by the description of said land" in the schedule referred to; that on January 1 , 1903, your Commission opened the Cherokee allotment office at Vinita, Ind. T., and proceeded to the allotment of the remaining lands of the Cherokee tribe; that on January 23, L903, your Commission received from Richard C. Adams, claiming to represent the Delaware Indians, an alleged corrected schedule of lands selected by them; that since January 1, 1903, a number of Cherokee citizens have made application for allotments of lands embraced wholly or in part in the aforesaid schedules, claiming to have been for years in the possession of the lands asked for and to own valuable improvements thereon, and that " no Delaware citizen has ever occupied such lands or owned any improvements thereon;" that a number of Delaware Indians, since the tiling of said schedules and the opening of the allot- ment office, have made requests to be "allowed to make final selections of land con- taining their improvements and upon which they reside, claiming that no portion of the lands occupied by them is included within the said Delaware segregation;" that the Commission has been advised that there are " numerous other Delaware citizens whose improved lands are not included within the said segregation," and "whose property rights are thus unprotected." Your Commission states, among other things, that it believes that the lands embraced in said schedules "have not been selected with a due regard for the interests of either the Delaware citizens generally or other citizens of the Cherokee Nation." The schedules of lands so selected by the Delaware Indians were not transmitted to nor formally approved by the Secretary of the Interior. The act referred to above imposes upon your Commission the duty of investigat- ing and determining what lands are subject to segregation, and your Commission can not substitute the judgment of the Delaware Indians, or any of them, or anyone acting for them, or any of them, for your own judgment in this matter. To be effect- ive the segregation must he approved by the Secretary of the Interior, and pending such approval your Commission should not proceed to allot any of the lands in the Cherokee Nation. When the segregation is made and approved no application for allotment of any of the lands so segregated should he received by your Commission pending the determination of the suit in question. It seems clear that the list or schedule of lands does not meet the requirement of the statute in that it does not include all the lands which have been selected and occupied by Delawares, and in that it does include lands which no Delaware has selected and occupied, but to which other Cherokee citizens have claims based upon alleged settlement and improvements thereon. You will, therefore, proceed at once to make such examination and investigation as will enable you to determine what tracts should be added to said list and what tracts now embraced therein should he excluded, care being taken to make the list cover the full quantity of land required to he segregated. You will as soon as possible report the results of such investiga- tion, with suitable recommendations in the premises. In the meantime, and until the segregation shall have become effective, you will suspend all proceedings looking to the allotment of lands in the Cherokee Nation. Very respectfully, Thos. Ryan, Acting Secretary. No. 131. Department of the Interior, Washington, October 7, 1903. Richard C. Adams, Attorney nt Law, Bond Building, Washington, D. C. Sir: There is inclosed herewith for your information, copy of departmental letter of October 6, 1903, sent to the Commission to the Five Civilized Tribes, relative to 120 ALLOTMENT OF LANDS TO DELAWARE INDIANS. the segregation of lands in the Cherokee Nation for the Delaware Indians, and sus- pending all proceedings Looking to the allotmentof lands in the Cherokee Nation until such segregation shall have become effective. Respectfully, Thos. Ryax, Acting Secretary. No. 132. Department of the Interior, Washington, October 29, 1903. The Commission to the Five Civilized Tribes, Muscogee, Ind. T. Gentlemen: By letter of October 6, 1903, you were directed to make such exami- nation and investigation as would enable yon to determine what tracts of land should be added to the list of lands to be segregated for the protection of the Delaware Indians in the Cherokee Nation, and what tracts embraced in the list heretofore made out should be stricken therefrom. It is important that a final list should be made up and approved as soon as may be. It is equally important, however, that the interests of all concerned should be carefully respected and protected. In order that the Department may have a better understanding of the condition of affairs, and to the end that speedy action may be taken when you shall submit a new list for action by the Department, these further instructions are given: You will at your earliest convenience make up a list of the tracts embraced in the former list which, as shown by the records of your office, are claimed and occupied by Delaware Indians, and to which there are no adverse claims. You will make another list, which shall embrace all tracts claimed by Delaware Indians but not included in the list heretofore presented to you. You will make a third list embracing the tracts included in the list heretofore presented to which some Cherokee citizen other than a Delaware makes claim. You will transmit with each of these lists a statement of the condition of the tracts embraced therein, as to the occupancy thereof and improvements thereon, so far as the same are known to you, and will also recommend what action should betaken by the Department upon each of such lists. These instructions are not intended to supersede those of October 6, and you will therefore proceed upon any line of examination and investigation which may have been entered upon under those instructions. Very respectfully, E. A. Hitchcock, Secretary. No. 133. Department of the Interior, Washington, October 30, 1903. Mr. Richard C. Adams, Bond Building, Washington, D. C. Sir: There is transmitted herewith for your information a copy of departmental letter, dated the 29th instant, and sent to the Commission to the Five Civilized Tribes, instructing it further in the matter of the investigation now being carried on con- cerning segregated Delaware lands in the Cherokee Nation, Ind. T. Respectfully, Thos. Ryan, Acting Secretary. No. 134. Washington, D. C, September 9, 1903. The Secretary of the Interior, Washington, D C. Sir: Ever since the Delaware Indians removed to the Cherokee Nation they have been imposed upon by the Cherokee in many ways. The Cherokee first denied the right of the Delawares to participate in the funds of the nation, whereupon the Delawares were compelled to appeal to your Department and to Congress, and finally to bring suit in the Court of Claim< before their rights were enforced and before they were allowed to share in the per capita distribution of the Cherokee funds. When the Dawes Commission began negotiations with the Cherokee the Chero- kee denied the light of the Delawares to ownership of the 157,600 acres of land ALLOTMENT OF LANDS TO DELAWARE INDIANS. 121 purchased by them under the agreement of 1S67, and the Delaware* were again forced to appeal to your Department and to Congress, and the matter is now pending in the Supreme Court of the United States. In the meantime Congress provided, by section 25 of the Curtis Act and section 23 of the Cherokee allotment act, that the lands claimed by the Delawares should be segregated from the rest of the Cherokee domain and remain in possession of the Delawares until their rights were finally determined by the Supreme Court. Shortly after the passage of the Curtis Act. on or about November -t. 1899, the Delawares petitioned the Dawes Commission, asking that the lands selected by them might be segregated so that their interests might not be infringed upon by designing Cherokee. The Dawes Commission, in their reply, expressed the opinion that there was no necessity of a segregation at that time. On February 27, 1901, I requested the Department to instruct the Commission to segregate the lands selected by the Delawares. At the same time I tiled with the Department several copies of maps showing in colors the lands claimed and selected by the Delawares. My letter was referred to the Commission for consideration and report, and it stated that "the lands of the Cherokee have been surveyed and a mere segregation of the lands claimed by the Delawares would involve no act on the part of the Commission other than a withholding of the same from general allotment." The Department concurred in this opinion, and so advised me in April, 1901. On December 17, 1902, the Commission passed resolutions and segregated the lands claimed by the Delawares and advised the Delawares that the same would be with- held from allotment. On January 1, 1903, the Commission began the allotment of the lands in the Cherokee Nation. In February the Commission experienced a change of heart and allowed certain Cherokees to make tilings on the lands segregated for the Delawares. In March and April the filings became more numerous, and in May more than one hundred filings had been made on segregated lands. The Delawares petitioned against this outrage both to the Department and the Commission, but without avail. Finally, on June 2', 1903, the Delawares brought an injunction suit in the supreme court of the District of Columbia against the Commission and the Secretary of the Interior, and a restraining order was granted. Since this time upward of 27 selections have been made by Cherokees on the segregated lands, notwithstanding the restraining order. Complaint was made to your Department, and about July 21 the Department telegraphed to the Dawes Commission forbidding it to allow any more allotments to be made on the segregated lands. It seems, however, that the Commission is still disregarding the orders of the court and the Department and paying no attention to either, but is continuing to send out notices to Delawares, requiring them to contest within nine months the selections of Cherokees on the Delaware holdings, or be forever barred. During the last few days I have received complaints from Delaware Indians stating that Cherokees who have made selections on their lands are now renting the same, and in some instances, where the lands are located near the railroad station, are selling town lots from said lands. One of the complainants is James W. Gibson, a Delaware Indian, who holds 40 acres of land adjoining the town of Dewey. He says that one A. H. Norwood, who represents himself as the agent for a certain Cherokee woman, is now selling town lots on Gibson's land. I, myself, am in receipt of a letter signed byTams Bixby, Commissioner in charge of the Cherokee land office, dated August 31, 1903, stating that James S. Fuller, of Fort Gibson, appeared before the Cherokee land office and claimed part of the lands on which I hold improvements and which are included in the segregated lands. This letter is similar to many sent out to various Delawares, but shows that the Com- mission considers all the applications made by Cherokees on segregated lands to be valid. These Delawares are asking me, and I would like to know for my own information, whether or not your Department has the means and power to protect these people in their rights, and, if so, what further steps are necessary to procure such protection. It seems to me a most remarkable situation that with a restraining order issued by the supreme court of the District of Columbia in full force, and with such instructions as I am informed your Department has forwarded to the Dawes Commission, they should continue to act in open defiance and disregard of such order and instructions. It is certainly an outrage upon the Delawares, who have taken all the steps that seemed possible in their own behalf to protect themselves from these wrongs. I respectfully request that the Department request the Indian agent to remove from Mr. Gibson's land all persons objectionable to him, and likewise to instruct the Dawes Commission to notify all parties who have made selections on the segregated 122 ALLOTMENT OF LANDS TO DELAWARE INDIAN'S. lands that said selections have been canceled, and that no contests will be heard and no filings made on the segregated lam Is until after the Supreme < lourt of the United states shall have determined the rights of the Delaware Indians thereto. Very respectfully, Richard ( '. Adams. Representing th Delaware Indians. Exhibit A. Department of the Interior, Commission to the Five Civilized Trip.es. Tahlequah, Ind. T., August 31, 1903. R. C. Adams, Fori Gibson, Ind. T. Dear Sip: On July 10, 1903, James S. Fuller, of Fort Gibson, Ind. T., appeared before the Cherokee land office at Tahlequah, Ind. T., and selected in allotment for his wife, Rosa L. Fuller, the S. * of the SW. \ of the NE. \ of sec. I, T. 15 N., R. 19 E., of the Indian meridian, containing 20 acres. It appears that you also claim the above-described tract of land or a part thereof. Section 69 of the act of Congress, approved July 1, 1902 (Public— No. 241), pro- vides as follows: "Sec. 69. After the expiration of nine months after the date of the original selec- tion of an allotment by or for any citizen of the Cherokee tribe, as provided in this act, no contest shall be instituted against such selection, and as early thereafter as practicable patent shall issue therefor." You are, therefore, hereby notified that you may appear at the Cherokee land office at any time within nine months after the date of said selection and make appli- cation for the above-described tract of land, or any part thereof claimed by you, and file contest therefor if you so desire. Respectfully, Tams Bixpv, Commissioner in Charge, Cherokee Land Office. No. 135. Department op the Interior, Washington, September 19, 1903. Mr. Richard 0. Adams, Bond Building, Washington, J>. C. Sir: The Department is in receipt of your communication of the 9th instant, pro- testing against the action of the Commission to the Five Civilized Tribes in allowing Cherokee to file on segregated Delaware lands, and requesting the Department to instruct the Commission to notify all interested parties that such selections have been canceled, and that no contests will be heard in the matter until after the United States Supreme Court shall have determined the rights of the Dela wares to the seg- regated lands. You inclose a copy of a letter from the Commission to you, dated August 31, 1903, advising you that James S. Fuller has filed on land claimed by you. You are informed that your communication, with said inclosure, has been referred to the Commission, with the request that a report be made in the matter. Respectfully, Tuos. Ryan, Acting Secretary. No. 136. Department of the Interior, Washington, September 19, 1903. The Commission to the Five Civilized Tribes. Gentlemen: You are requested to makea report upon the inclosed communication of Mr. Richard C Adams, dated September 9, 1903, protesting against the action of your Commission in allowing Cherokee to file on segregated Delaware lands, and requesting the Department to instruct you "to notify all parties who have made selections on the segregated lands that said selections have been canceled, and that ALLOTMENT OF LANDS TO DELAWARE INDIANS. 123 no contest will be heard and no filings made on the segregated lands until after the Supreme Court of the United States shall have determined the rights of the Delaware Indians thereto." Mr. Adams inclosed a copy of your letter of August 31, 1903, to him. advising that James S. Fuller, of Fort Gibson, Ind. T., had filed on land claimed by him. Said copy is also transmitted herewith. Respectfully, Tims. Ryan, Acting Secretary. No. i:'.7. Department of the Interior, Office of Indian Affairs, Washington, October 10, 190-1. The Secretary of the Interior. Sir: Referring to Department letter of September 19, 1903, transmitting to the Com- mission for report a communication from Richard C. Adams, dated Septemher 9, protesting against the action of the Commission in allowing Cherokee to rile on Delaware lands alleged to have been segregated, there is inclosed herewith a report from the Commission, dated October 2, 1903, concerning this communication. The Commission says that no filings have been made upon any lands in the alleged Delaware segregation; that Cherokee claiming to own improvements on land within such segregation have been permitted to make out formal application for the selection of such lands, but that in no instances lias such selection been approved or filed as a record by the Commission: that the notice which was sent to Air. Adams by the Commission was sent through a mistake made in checking the land included within the alleged Delaware segregation, as is shown by the Commission's letter of Septem- ber .'!, L903, to the clerk in charge of the Cherokee land office at Tahlequah. The letter referred to by the Commission is as follows: "There is herewith returned to you, notice to 1;. C. Adams, Fort Gibson, Ind. T., which was sent to this office for signature. The land described in said notice is embraced in the Delaware segregation and under the restraining order heretofore issued by the supreme court of the District of Columbia, we can take no steps whatever regarding land involved in this segregation. '•The notice is therefore returned to you with a request that hereafter, before send- ing out any notices of a similar nature, that your office make a careful examination of the land embraced in any proposed notice for the purpose of ascertaining if the same is embraced in this segregation. "It is especially desired that no notices of any character affecting lands embraced in the I >elaware segregation be sent out from the land office and, that no action what- ever be taken affecting any of said laud." The Commission also says that at the time the letter quoted was written to the land office, the office at Muscogee had received from the office at Tahlequah two notices to Mr. Adams, a copy of one of which Air. Adams inclosed with his letter; that these notices were checked by clerks in the Muscogee office; that one of them was found to embrace land in the segregation; that the notice sent to Mr. Adams was not prop- erly cheeked and was permitted to go out; that it was a mistake and should never have been sent out at that time. It is also stated that the office at Tahlequah was directed on October 2 to notify James S. Fuller that he will not be permitted to file upon the following-described land, to wit, the S. \ of the SW. ', of the NE. ',, sec. 1, T. 15 N., R. 19 E., 20 acres, for the reason that it is within the alleged Delaware segregation, and that — "It does not appear that Mr. Adams has lost any rights by reason of said notice being sent to him, nor would he have lost any rights had he remained quiet, for the mistake would have been caught at the land office later in checking up." It is noticed that the Commission states: "No filings have been made upon any lands in the Delaware segregation so far, and that the Commission has only permitted Cherokee claiming to own improvements on land within this segregation to make out a formal application, but the same in no instance have ever been approved or filed as a record by the Commission." Section (i of the Cherokee agreement is as follows: "The word select and its various modifications, as applied to allotments and home- steads, shall be held to mean the formal application at the land office, to be estab- lished by the Dawes Commission for the Cherokee Nation, for particular tracts of land." 124 ALLOTMENT OF LANDS TO DELAWARE INDIANS. This section of the Cherokee agreement is identical with section 6 of the Choctaw and Chickasaw supplemental agreement, and the Assistant Attorney-General, in his opinion of September 3, 1903, said: "When a selection lias been made, rights presumably vest." However, by Department letter of October 6, L903, the Commission was directed to "proceed at once to make such examination and investigation as will enable you to determine what tracts should be added to said list and what tracts now embraced therein should be excluded, care being taken to make the list cover the full quantity of land To be segregated," and report the same to the Department for consideration. All complaints can now - be investigated and passed upon by the Commission and the Department upon their merits, and there is no reason why any land in the possession of the Delawares should not be included in the list, or whyany land claimed by the Cherokee should be included therein. In view of the Department's instructions a discussion of the Commission's report is believed to be unnecessary. Very respectfully, W. A. Jones, Commissioner. No. 138. Department of the Interior, Commission to the Five Civilized Tribes, Muscogee, Ind. T., October 2, 1903. The Secretary of the Interior. Sir: Receipt is acknowledged of departmental letter of September 19, 1903, in which the Commission is requested to report upon the inclosed communication of Mr. Richard C. Adams, dated September 9, protesting against the action of the Com- mission in allowing Cherokee to file on segregated Delaware lands and requesting the Department to instruct the Commission to notify all parties who have made selections on the segregated land that said selections have been canceled and no contests will be heard and no filings made on the segregated lands until after the Supreme Court of the United States shall have determined the rights of the Delaware Indians thereto. Also a copy of a letter from this Commission of August 31, 1903, to Mr. Adams, advising that James S. Fuller, of Fort Gibson, Ind. T., had filed on lands claimed by him. In reply thereto, the Department is advised that no filings have been made upon any lands in the Delaware segregation so far, and that the Commission has only per- mitted Cherokee claiming to own improvements on land within this segregation to make out a formal application, but the same in no instance has ever been approved or filed as a record by the Commission. Relative to the notice from the Commission which was sent to Mr. Adams, a copy of which was inclosed with the letter of Mr. Adams, this notice was sent out through a mistake made in checking the land included therein with the Delaware segregation, as is shown by a letter of the Commission under date of September 3, 1903, to the clerk in charge of the Cherokee land office at Tahlequah, End. T., Commissioner Breckinridge being at this place at that time. Said letter is as follows: "There is herewith returned to you notice to R. C. Adams, Fort Gibson, Ind. T., which was sent to this office for signature. The land described in said notice is embraced in the Delaware segregation, and under the restraining order heretofore issued by the supreme court of the District of Columbia we can take no steps what- ever regarding land involved in this segregation. "The notice is therefore returned to you with a request that hereafter, before send- ing out any notices of a similar nature, that your office make a careful examination of the land embraced in any proposed notice for the purpose of ascertaining if the same is embraced in this segregation. "It is especially desired that no notices of any character affecting lands embraced in the Delaware segregation be sent out from the land office and that no action whatever be taken affecting any of said land." At the time this letter was written to the land office the office at Muscogee had received from the office at Tahlequah two notices to Mr. Adams, a copy of one of which being Mr. Adams's inclosure, and said notices were checked by clerks in this office and one of them was found to embrace land in the segregation, but the notice sent Mr. Adams was not properly checked and the notice was permitted to go out. It was a mistake and should never have gone out at that time. The land office at Tahlequah has this day been directed to notify Mr. James S. Fuller that he will not be permitted to file upon this particular tract of land embraced in the notice complained of by Mr. Adams, for the reason that the same is within ALLOTMENT OF LANDS TO DELAWARE INDIANS. 125 the Delaware segregation. It does not appear that Mr. Adams has los't any rights by reason of said notice being sent to him, nor would he have lost any rights had he remained quiet, for the mistake would have been caught at the land office later in checking up. The letter of Mr. Adams and his inclosure to the Department are herewith returned. Respectfully, Tams Bixby, Chairman. (Through the Commissioner of Indian Affairs. ) No. 139. Department of the Interior, Washington, October 17, 1903. Mr. R. C. Adams, Bond Building, Washington, D. C. Sir: The Department is in receipt of a communication from the Commissioner of Indian Affairs, dated October 10, 1903, forwarding a report from the Commission to the Five Civilized Tribes, dated October 2d, upon your letter of September 9th pro- testing against the action of the Commission in allowing Cherokees to tile on lands listed for the Delaware Indians in the Cherokee Nation, which was referred to said Commission for report on September 19th, 1903. The Commissioner closes his report by a quotation from departmental letter of October 6, 1903, directing the Dawes Commission to proceed to make an examination and investigation and report the list of tracts which should be segregated for the Delawares to the Department for consideration. The Commissioner states: "All complaints can now be investigated and passed upon by the Commission and the Department upon their merits; and there is no reason why any land in the pos- session of the Delawares should not be included in the list, or why any land claimed by the Cherokees should be included therein." Respectfully Thcs. Ryan, Acting Secretary. No. 140. Washington, D. C, October 6, 1903. The Secretary of the Interior. Dear Sir: Inclosed I hand you copy of letter 1 have this day forwarded to the Commission to the Five Civilized Tribes. AVe believe that we should be consulted as to each and every tract of land that is in the list of our selections presented to the Dawes Commission in December, 1902, which is disputed, and we believe we should have a complete hearing as to our rights thereto. If there is any tract to which we are not entitled, we are willing and ready to surrender our claims to it, but we believe we should have a fair hearing in every case. Yours, truly, Richard C. Adams. Washington, D. C, October 6, 1903. Commission to the Five Civilized Tribes. Gentlemen: The Secretary of the Interior has advised me in person that he has instructed your Commission to report as to what lands should be omitted from the Delaware segregation, and what lands should be included therein. I desire, on behalf of the Delaware Indians, to request that we be allowed to answer as to each particular tract that is in dispute; that the complete record of the same be made and transmitted with your report to the Secretary, before whom we can have a last chance to present our side of the case. Please notify me immediately at what time and place the contest will begin. Yours, truly, Richard C. Adams. 126 ALLOTMENT OE LANDS TO DELAWARE INDIANS. No. 141. Department of the Interior, Washington, October 9, 1903. Mr, Richard ( '. An \ms, Bond Building, Washington, I>. C. Sir: The Department is in receipt of yours of the 6th instant, inclosing a copy of a letter addressed by you to the Commission to the Five Civilized Tribes. In said letter to the Commission you state that you desire, on behalf of the Delaware Indians, to be allowed "to answer as to such particular tract that is in dispute; that the complete record of the same may be made and transmitted with your report to the .Secretary, before whom we can have a last chance to present our side of the case." A copy of the instructions to the Commission has been sent yon, and doubtless there will be no difficulty in your being present or represented before the Commis- sion when they proceed to consider the conflicting rights of parties to the tracts in controversy, if you so desire. The Department, however, will not expect the Com- mission to delay action on account of the absence of parties or attorneys represent- ing them in respect of the disputed tracts. Prompt, efficient, and just action will be expected of the Commission. A copy of this letter has this day been sent to the Commission for its information. Respectfully, Thos. Ryan, Acting Secretary. Xo. 142. Department of the Interior, Washington, October 1-:, 1903. The Commission to the Five Civilized Tribes. Gentlemen: There is inclosed herewith, for your information, copy of depart- mental letter of the 8th instant to Mr. Richard C. Adams, this city, in reply to his of the 6th instant, regarding his request to be represented before your Commission when you proceed to consider the conflicting rights of parties to disputed tracts of land in the Cherokee Nation. Respectfully, Thos. Ryan, Acting Secretary. No. 143. [Telegram. Tahlequah, October 1, 1903. R. C. Adams, 1319 Columbia Road, Washington, D. C: Can't get certificate till two weeks' notice posted in land office door, giving Chero- kees permission to file on segregated Delaware land. Carrie. Note. — The above telegram filed with the Department bv R. C. Adams, October 12, 1903. No. 144. Washington, D. C, October 9, 1903. The Secretary of the Interior. Dear Sir: I am in receipt of your letter of October 7, transmitting copy of your instructions to the Dawes Commission, requiring" them to investigate and determine what lands are subject to segregation for the Delaware Indians. You further state in these instructions "that the Commission can not substitute the judgment of the Delaware Indians, or any of them, or anyone for them or any of them, for their own judgment in this matter." I wish to call your attention to the fact that the Delaware- Cherokee agreement provides that, "the selection of the lands to be purchased by the Delawares may be made by said Delawares in any part of the Cherokee Reserva- tion east of the said line of 96°, not already selected and in possession of other parties." The agreement further provides that, "nor shall the continued ownership ALLOTMENT OF LANDS TO DELAWARE INDIANS. 127 and occupancy of said land by any Delaware so registered be interfere 1 with in any manner whatever without his consent." The act referred to in your instructions to the Dawes Commission — that is, the 23d section of the Cherokee allotment act—also provides that the lands shall he selected by the Delawares and may include lands improved and occupied by them. We hold that the Delaware Indians are entitled to the right to select 157,600 acres of land, whether improved and occupied by them or not, so long as the laud so selected was not, at the time of the selection, improved and occupied by Cherokees. Or if improved and occupied by Cherokees, and Delawares had purchased said improve- ments, said Delawares had the right to select said lands. We hold and contend that the Delaware Indians are entitled to the right to select 110 acres of average allottable land for each member of the tribe, outside of and in addition to the 157,600 acres segregated. And your Department has concurred with us in this contention so far as to agree that we may hold, subject to the future determination of the suit now pending, 110 acres of allottable land in addition to the 157,600 acres, provided that the Delaware selecting the land is in actual possession of the same. We hold and contend that the Delaware Indians have the right, through themselves or their rep- resentatives, to designate what lands they select for segregation, and the Commission only has the right to determine whether or not the land was in possession of some Cherokee at the time the Delaware made the selection. We insist upon being represented before the Commission and before the Depart- ment, and on being fairly heard as to our contention for each particular tract of land for which there may be adverse claims of any nature whatever. And we insist upon a report being made in each case and that the attorneys for the Delawares be fur- nished with a copy thereof and have an opportunity to answer, both before the Dawes Commission and before your Department. We insist that the Dawes Commission, both in their reports to the Department and in a letter to K. S. Murchison, have misrepresented our rights to certain parts of the land that was selected for the segregation. Out of the 27 allotments referred to in the letter of July 21, 1903, to K. S. Murchison, setting forth particular tracts of land that have heretofore been tiled upon by Cherokees and which tracts the Commission states are said to belong to Cherokees who have valuable improvements thereon, we rind, on a careful examination of the schedule, to be in every case tracts which have long been occupied by Delawares and claimed by them, except two only, and these two are not included in the segregation at all, and never have been claimed by Delawares, so far as we know. Surely the Commission has not thoroughly investigated this matter or they would not have made such a report; they would not have stated that these two tracts were included in the segregation if they had been careful enough to examine the list closely, and they would not have given credence to the statement that no Delaware owned the other tracts if they had given the Delawares a chance to be heard before they made their report or acted in the matter. For the last five years we have tried to get the Dawes Commission and the Depart- ment to make the segregation of the Delaware lands, and the reply of the Commission has been that all that was required of them was to set aside the lands selected by the Delawares. The Department concurred in this view of the Commission, and so stated to me in a letter dated April 8, 1901. All the Delawares want is fair treatment at the hands of the Dawes Commission. We have been put to large and unnecessary expense in defending our homes and our rights, and the Delawares who have written to me feel, and apparently with good reason, that they have but little hope of fair and impartial treatment from the Dawes Commission and the Cherokee. The Commission should have no motive in pro- tecting the rights of the Cherokee to the detriment of the Delawares, and we cer- tainly do not ask them to give us anything to which we are not entitled. I can name a large number of cases where filings have been made on lands of Delawares who have owned their homes and improvements for many years, and whose rights to the same have never been questioned, and are not questioned to-day except that some Cherokee has set up a claim to the land, not because of owning any improve- ments thereon, nor because of any right to it, but for reasons and motives unknown to us. I wish to be able to advise my people immediately of the true status of their affairs and on what they can dependas to the course that will be pursued in the future regarding their lands. They feel much discouraged, for everything that is done apparently leaves them in a worse predicament than before. For these reasons we request permission to appear before the Dawes Commission at any sittings it may have for the purpose of finally determining what lands shall be included in the Delaware segregation, and that a complete record and report may be 128 ALLOTMENT OF LANDS TO DELAWARE INDIANS. made of such proceedings in order that we may have the opportunity to file excep- tions for review by your Department in case we shall consider that the segregation is not made in accordance with the law and in full justice to the Delawares. Yours truly, Richard C. Adams. No. 145. Department of the Interior, Washington, October 15, 1903. Mr. Richard C. Adams, Bond Building, Washington, I>. C. Sir: The Department is in receipt of your communication dated October 9, 1903, relative to the claims of the Delaware Indians, stating, among other things, that "all the Delawares want is fair treatment at the hands of the Dawes Commission;" also requesting "permission to appear before the Dawes Commission at any sittings it may have for the purpose of finally determining what lands shall be included in the Delaware segregation, and that a complete record and report may be made of such proceedings, in order that we (you) may have the opportunity to tile exceptions for review" by this Department, in case you consider that the segregation has not been made in accordance with the law and in full justice to the Delawares. It is evident that when your said letter was written you had not received depart- mental letter of October 9, in response to yours of the 6ih instant, inclosing a letter addressed by you to the Dawes Commission, asking to be allowed ''to answer as to each particular tract that is in dispute, that the complete record of the case may be made and transmitted with your (their) report to the Secretary, before whom we (you) can have a last chance to present our side of the case." In said letter you were advised that a copy of the instructions to the Commission had been sent you, and "doubtless there will be no difficulty in your being present or represented before the Commission when they proceed to consider the conflicting rights of parties to the tracts in controversy, if you so desire. The Department will not expect the Commission to delay action on account of the absence of parties or attorneys representing them in respect of the disputed tracts. Prompt, efficient, and just action will be expected of the Commission." It is hardly necessary to assure you that the Department earnestly desires that its every action shall be in strict accord with the principles of justice as to the rights of both the Delawares and the Cherokees. Respectfully, Thos. Ryan, Acting Secretary. No. 14(5. "Washington, D. C, October 26, 1903. The Secretary of the Interior. Sir: Kindly furnish me with copies of the following: Departmental letter of September 28, 1903, to the Commission to the Five Civilized Tribes, in regard to a letter from me respecting the Delaware lands. Letter of September 28, 1903, I. T. D. 6798. Departmental letter of October 7, 1903, to Mary Nairn, requesting to be advised why all of the registered Delaware lands are not segregated. Copy of report of the Commission to the Five Civilized Tribes of September 5, 1903, submitted with the Commissioner of Indian Affairs' letter of October 1, 1903. Respectfully, Richard C. Adams. No. 147 Department of the Interior, Washington, October 27, lf>03. Mr. Richard C. Adams, Bo)id Building, Washington, I). C. Sir: In compliance with the request in your letter of the 26th instant, there are inclosed herewith copies of the following letters: Report of the Commisson to the Five Civilized Tribes, dated September 5, 1903, upon a communication from Mary Nairn, of Coodys Bluff, Ind. T., regarding Dela- ware segregation. ALLOTMENT OF LANDS TO DELAWARE INDIANS. 129 Departmental letter ofSeptember 28, L903, to the Commission to the Five Civilized Tribes, asking for report upon charges made by you, concerning the acceptance of applications by the Commission, afterthe receipt of notice of the order of the supreme court of the District of Columbia in the case of George Bullette et al. v. E. A. Hitch- cock et al. Departmental letter of October 7, 1903, to said Mary Nairn. Respectfully, No. 148. Thos. Ryan, Acting Secretary. Baltimore, October a, 1908. Hon. Thomas Ryan, Acting Secretary, Department of the Interior, Washington, I>. C. My Deae Sir: I understood from your recent letter that I should receive within a day or two after its date a commission either as "Special inspector " or " Special supervisor;" as yet, however, it has not come to hand. The matter would not be one of any consequence in itself, but, as I am about to write to the officials in the Indian Territory affected by the statements of the Brosius report, and also by those contained in other documents which I have received, I should like to sign the' Letters with my proper title; although, as 1 think I stated to you, I have no preference between the two suggested. I was informed this morning that sonic expressions had fallen from Judge Ander- son, and had been published, commenting upon the action of the Dawes Commission in resuming the practice discontinued by reason of the temporary restraining order in the case of the Delaware Indians immediately upon the dissolution of that order, and also that some action had been taken by the Department in connection with the same matter. These various incidents are said to have occurred either yesterday or the day before, but I have seen no reference to them in such papers as I have read, nor was anything said to me on the subject by the counsel of these Delaware Indians who called upon me yesterday. If these matters are of any relevancy in connection with the investigation intrusted to me, and the Department can give me any infor- mation in the premises, I shall be much indebted. I inclose you herewith an original paper which seems to have been overlooked when I returned the others. It consists of a letter from one P. M. Clark, signing himself as "Notary public," addressed to the Secretary of the Interior, reflecting upon the town-site commission of Boswell, and inclosing a clipping about another town-site commission in the town of Coalgate. I remain, my dear sir, yours, most truly, Charles J. Bonaparte. Xo. 149. Department of the Interior, Washington, October ,", 1903. Mr. Charles J. Bona carte, Special Inspector for the Indian Service, Baltimore, Mil. My Dear Sir: Referring to your letter of yesterday, I will state that your com- mission, dated September 15, 1903, as special inspector for the Indian Service, will he mailed you immediately upon the return of the Secretary — probably next Saturday. Referring to that portion of your letter relative to the action of the Department and the Dawes Commission under the restraining order in the case you refer to, I am inclined to think you should have copies of the entire record in the Department on the subject, inclusive of such as are pertinent to the matter of the segregation of the Delaware lands, in order that you may have an intelligent view of the situation regarding it; accordingly, the Department has in preparation such copies and will for- ward the same to you at the earliest practicable moment, imparting to you all the relevant information in the possession of the Department. Immediately upon the return of the Secretary I think he may desire to call your attention to town-site conditions in the Indian Territory, but 1 will not here attempt to anticipate his action in the matter by any further reference to the subject. It is highly probable that in the course of your investigations developments will suggest the importance to you of information contained in the records of the Depart- ment. In all such cases the Department will promptly and with pleasure furnish you such information upon your request. In other words, the Department desires 8. Doc. 104 9 180 ALLOTMENT OF LANDS TO DELAWARE INDIANS. to impress upon you that all the records of the Department and all other informa- tion in its possession pertinent to any inquiry relative to the investigation under your charge arc subject to your use. Respectfully, Tims. Ryan, Acting Secretary. No. 150. Department of the Interior, Washington, October 10, 1908. Mr. Charles J. Bonaparte, 216 St. Paul Street, Baltimore, Md. Sir: In further reply to your letter of October 6, 1903, I have the honor to inclose herewith a memorandum showing the action of the Department in the matter of the segregation of Delaware lands under section 23 of the act of July 1, 1902 (32 Stat., 716), to which reference is made in the opinion of the supreme court of the District of Columbia in the case of ( reorge Bullette et al. v. Ethan Allen Hitchcock, Secretary of the Interior, et ah, No. 23991. Respectfully, Thos. Ryan, Acting Secretary. October 10, 1903. Memorandum of action of the Dan;* Commission and the Department in the matter of tht segregation of lands claimed by the Delaware Indians under the provisions of section .'■<' of the act of July /, 1902 {32 Stat, 716). The Dawes Commission in its monthly report, dated October 9, 1902, of work per- formed during the month of September, 1902, advised the Department that — "On September 25, 1902, an order was promulgated, to the effect that on January 1, 1903, an office for the allotment of lands in the Cherokee Nation would be estab- lished at Vinita, Ind. T., said office to be maintained there until April 30, 1903, and then removed to Tahlequah, Ind. T., where it would be opened May 4, 1903, and maintained indefinitely." Said report was forwarded by the Commissioner of Indian Affairs on October 17, 1902, with the recommendation that it be approved. On October 20, 1902, the Department addressed a letter to the Dawes Commission, stating that its report was approved, without making any special reference to the statement concerning the opening of the land office. On April 18, 1903, Mr. R. C. Adams addressed a communication to the Secretary of the Interior and the Commissioner of Indian Affairs, complaining of the action of the Commission relative to the segregation of Delaware lands, copy of which is inclosed, marked "Exhibit 1." Said letter was forwarded on April 28, 1903, by the Acting Commissioner of Indian Affairs, with the recommendation that "the whole matter be referred to the Commission for early report," and the letter and report were referred to the Assistant Attorney-General for his opinion on Mav 4, 1903. (See Exhibit 4.) On April 20, 1903, the Commission made a report relative to its action in segregat- ing 157,600 acres of land under section 23 of the act of July 1, 1902, a copy of which, together with copies of its exhibits, is inclosed herewith, marked " Exhibit 2." On April 30, 1903, the Acting Commissioner of Indian Affairs forwarded the Com- mission's report above referred to with his letter, a copy of which is inclosed, marked " Exhibit 3." On May 4 the Department referred the matter to the Assistant Attorney-General in a letter, a copy of which is inclosed, marked "Exhibit 4." On June 1 the complainants in said case No. 23991 filed a bill, a copy of which is inclosed, marked " Exhibit •">." On June 1 the Department referred to the Assistant Attorney-General letter of Richard C. Adams, dated Mav 27, 1903, copies of both letters herewith, marked "Exhibit .5£." June 2 the supreme court of the District of Columbia granted a restraining order until after final hearing, which was fixed for the 19th day of June, copy herewith, marked " Exhibit 6." On June 6 Mr. R. C. Adams addressed a letter to the President complaining of the action of the Dawes Commission relative to allowing applications upon the lands claimed to have Ween segregated, copy of which is inclosed, marked "Exhibit 7." On June 8 the chairman of the Commission addressed a communication to the Secretary in response to said letter. (Copy inclosed, marked "Exhibit 8.") ALLOTMENT OF LANDS TO DELAWARE INDIANS. 131 On July 21 the Department received a communication in the nature of a memo- randum, dated July 18, 1903, from Mr. George S. Chase, one of the attorneys for the Delawares, complaining of the action of the Commission in receiving applications for lands claimed to have been segregated for the Delawares. (Copy of said letter is inclosed, marked "Exhibit 9.") On July 21 the Department sent a telegram to the chairman directing the Com- mission to suspend all action on applications for Cherokee allotments received prior to the suit, and not to receive or act upon any later applications until so directed, and to report facts. (Copy inclosed, marked "Exhibit 10.") July 22, the Commission wired the Department that the Commission had 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 claimants might institute contest proceedings. (Copy of said telegram is inclosed, marked " Exhibit 11.") < )n the same day the Department wired the chairman of the Commission ' ' to receive no applications for Cherokee allotments under the resolutions adopted by the Commis- sion June 30." (Copy herewith, marked "Exhibit 12.") On the same day the Department, referring to said telegram, addressed a letter to the Commission, in which it is stated: "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." (A copy of said letter is inclosed, marked "Exhibit 13.") On the same day the Department received telegram from Commissioner in Charge Needles, stating that Commission has no notice or information of the restraining order referred to in departmental telegram of July 21. (Copy of said telegram is inclosed, marked "Exhibit 14.") Under date of September 17 the Commissioner of Indian Affairs submitted a letter of said Adams, dated September 14, relative to injuries claimed to have been perpe- trated upon the Delaware Indians now residing in the Indian Territory. (Copy of said letter inclosed, marked "Exhibit 15.") The original of said letter was referred to the Commission to the Five Civilized Tribes on September 28 for full report. (Copy herewith, marked " Exhibit 16.") On September 28 the Department wired the chairman of the Dawes Commission that the injunction had been refused and the temporary restraining order had been discharged by Judge Anderson that morning. (Copy herewith, marked "Ex- hibit 17.") On October 2 the Department wired the Commission not to receive applications for allotments in the Cherokee Nation until further directed, and letter will follow 7 . (Copy herewith, marked "Exhibit 18.") On the same day the Department received a letter from Mr. Richard C. Adams, requesting copies of certain letters. (A copy of his letter inclosed, marked "Ex- hibit 19." ) On October 3, 1903, the Department complied with Adams's request of the 2d. (Copy of said departmental letter is inclosed, and, together with copies of the letters therein referred to, is marked "Exhibit 20.") I )n ( tctober 6 the formal decree in said case No. 23991 was entered by the judge. (Copy herewith, marked "Exhibit 21.") On the same day, October 6, the Department sent a letter of instructions to the Dawes Commission relative to its duty concerning the segregation of the Delaware lands. (Copy herewith, marked " Exhibit 22." ) ( Ictober 7 the Department transmitted to Richard C. Adams copy of departmental letter of October 6, L903, sent to the Commission to the Five Civilized Tribes, rela- tive to the segregation of lands in the Cherokee Nation for the Delaware Indians. (Copy of said letter to Adams herewith, marked "Exhibit 23." See "Exhibit 22." ) <>n October 7 the Department received a letter from Richard C. Adams, dated ( Ictober 6, 190:;, in regard to what lands should be omitted from the Delaware segre- gation, and requesting to be allowed to answer as to each particular tract in dispute, and inclosing copy of a letter addressed by him to the Dawes Commission regarding the same matter. (Copies of both letters inclosed, marked " Exhibit 24.") On (ictober 9 the Department replied to Adams's letter of the 6th, advising him that there would be no difficulty in his being represented before the Commission if he so desired, but that the Department would not expect the Commission to delay action on account of the absence of parties or attorneys representing them in respect of the disputed tracts. (Copy of said departmental letter inclosed, marked "Exhibit 25.") A copy of petition in the Court of Claims (No. 24067) of the Delaware Indians v. The United States is herewith inclosed, marked " Exhibit 26." 132 ALLOTMENT OF LANDS TO DELAWARE TNDTANS. No. 151. Department of the Interior, Washington, October IS, 1903. The Commissioneb of Indian Affairs. Sir: The Department is in receipt of your reporl dated October 8, 1903, transmit- ting 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 < >ctober 6, 1903, sent to the Commis- sion to the Five Civilized Tribes, furnishing your office information relative to the proposed action of the Department. Respectfully, Tuos. Ryan, Acting Secretary. No. 152. Department of the Interior, Commission to the Five Civilized Tribe?, Muscogee, Tnd. T., September 17, 1903. The Secretary of the Interior. Sir: There is herewith inclosed 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 fullv 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, Tnd. 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 inclosed by mis- take in the Commission's letter of the 17th instant. Inclosed herewith find the petition of Isaac Secondine et al., relative to the con- dition of certain lands held by Delawares 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., Augusts, 1903. The Dawes Commission. Gentlemen: We, the undersigned registered Delawares, respectfully request that von 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 necessaryfor our protection. It is necessary for our protection, because the Delawares 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. ALLOTMENT OF LANDS TO DELAWARE INDIANS. 133 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 Delawares, and was segregated for specu- lative purposes, thereby keeping many oi the Delawares, who have an insufficient amount of land, from yetting their private share. Respectfully submitted. Isaac Secondine. Jas. Randall. L. T. Estes. C. E. Bratcher. Luella C. Roberts. Bex Connor. Leander Hicks. Frank Randall. Mary Weaver. Julia Hall. Maky Nairn. [Telegram.] Muskogee, Ind. T., October 9, 1903. To Secretary of Interior, Washington, D. C. Departmental instructions concerning Delaware segregation and Cherokee allot- ments cause much embarrassment and will occasion long delay, large increase of expense, and great hardship upon the Cherokee people and Delawares. it is thought that the Department is not fully informed as to many important features. We 1 »elieve 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, ( 'ommissioners. W. T. IIctciiixs, Attorney for Cherokee Nation. No. 154. Department of the Interior, Office of Indian Affairs, Washington, Octobers, 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 inclosed 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 inclosed herewith. The petition is signed by Isaac Secondine and ten other persons. It is as follows: " We, the undersigned registered Delawares, 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. "< >ur reasons tor the request are as follows: (1) The law requires it; (2) it is nec- essary for our protection. "It is necessary for our protection, because the Delawares are not allowed to tile on their land till a suit now pending in the Supreme Court is decided, w,hile others are at liberty to rile on our land, which lias already been done in several instances, and the only redress we have is to begin a contest, which is expensive and whieb 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. 184 ALLOTMENT OF LANDS TO DELAWARE INDIANS. "It is also necessary because much land 1ms been segregated, and thus withheld from allotment, that never belonged to the Delawares, and was segregated for spec- ulative purposes, thereby keeping many of the Delawares, who have an insufficient amount of land, from getting their pro rata share." The office has informal information that the injunction proceedings broughl by George Bullette and others, in the supreme court of the District of Columbia, was decided adverse to (lie 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, I>. < '.: Departmental instructions concerning Delaware segregation and Cherokee allot- ments cause much embarrassment and will occasion long delay, large increase of expense, and great hardship upon the Cherokee people and Delawares. 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 discus- sion 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. Needi.ks, Breckinridge, ( 'ommissioners. W. T. Hutchixos. Attorney for Cherokee Sutton. No. 156. [Telegram.] Washington, October 10, 1903. Bixrv, Chairman, Muscogee, Ind. T.: Answering telegram 9th instant, you are directed to report to this city for confer- ence. Department does not feel warranted in directing Hutchings to come, but has no objection to his coming if he desires. Tuos. 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, L903, 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 forwarded until the Delaware lands have been segregated, except three in favor of the Cudahy Oil Company, which will he transmitted mr the purpose of laying before the 1 tepartment 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 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 135 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 "Hire be authorized to instruct the agent by wire in accordance therewith. Very respectfully, \V. A. Jones, Commissioner. No. 158. [Telegram.] Washington, November .', 1903. United States Indian Inspector for Indian Territory, Muscogi e, Ind. T.: You will direct the United States Indian agent not to receive or transmit anymore 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 ok the Interior, Washington, November .', 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 Affaiks, Washington, November 12, 1903. The Secretary of the Interior. Sir: There is inclosed herewith a report, dated October 20, 1903, from the Com- mission to the Five Civilized Tribes, concerning the work performed by the Com- mission 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 Depart- ment; 51 because the land applied for had already been allotted: and 137 for mis- cellaneous causes. The Commission says that the total area allotted in the Chero- kee Nati< >n during the month of September was 97,265.94 acres, valued at §313,064.27. i >ctober 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. 136 ALLOTMENT OF LANDS TO DELAWARE INDIANS. There are pending in this Office citizenship cases, as follows: Mississippi Choctaw n ' '- Choctaw 28 Chickasaw _8 Cherokee °1 Creek 17 Cherokee freedmen "1 Creek freedmen 3 Total 290 There are no land contests pending before this Office. Very respectfully, \V. A. Jones, Commissioner. No. 161. Department of the Interior, Commission to the Five Civilized Tribes, Muscogee, Ind. T., October 20, 190S. The Secretary of the Interior. Sir: We have the honor to submit herewith the following statement of the work of the Commission to the Five Civilized Tribes for the month of September, 1903: Cherokee allotment division. — During the month of September fii4 tickets of admis- sion to the Cherokee land office were issued, 96 of which were issued to full-blood Cherokees, making a total of 11,700 tickets issued to the close of the month. There were also issued 352 citizenship certificates, embracing the names of 808 per- sons, and 161 reservation certificates, embracing 249 persons. Applications for 1,47:! allotments were received during the month. Of this num- ber 1,277 were made by .persons who had not previously appeared at the land office, while the remainder were made by persons who had theretofore selected a portion of their allotments. Of the number of allotments made 1,013 were approved, the approval of 460 being withheld for the following reasons: 272 because the enrollment of the applicants had not been finally approved by the Secretary of the Interior; 51 because the land applied for had already been allotted, and 137 for miscellaneous causes. The land allotted during the month of September aggregates 97,265.94 acres, valued at $313,064.27. There have been prepared during the month 2,000 allotment and 2,000 homestead certificates, which have been executed by the Commission and mailed to the allottees, Allotment-contest division. — The progress of the work in the allotment-contest divi- sion during the month of September and the condition of contested allotment cases at the close of the month are shown by the following detailed statement: Cherokee Nation, total 525 The condition of the 458 Cherokee cases pending before the Commission on September 30, 1903, was as follows: Total 458 Respectfully submitted. Tams Bixby, ( 'hairman. T. B. Needles, Commissioner. c. B. Breckinridge, Commissioner. W. E. Stanley, Commissioner. (Through the Commissioner of Indian Affairs.) No. 162. Department of the Interior, Office of Indian Affairs, Washington, November 19, 1903. The Secretary of the Interior. Sir: I have the honor to transmit herewith report of the Commission to the Five Civilized Tribes, of the 9th instant, giving a statement of the work of the Commission for the month of October, 1903. ALLOTMENT OF LANDS TO DELAWARE INDIANS. 137 In this connection permit me to say that there are now pending in this Office citi- zenship cases as follows: Mississippi Choctaws 89 Choctaws 28 Chickasaws 8 Oherokees 51 Creeks 17 Creek freedmen 3 Cherokee freedmen 71 There are three land contests pending in the Office. Very respectfully, W. A. Jones, Commissioner. No. 163. Department of the Interior, Commission to the Five Civilized Tribes, Muscogee, Tnd. T., November 5, 1903. The Secretary of the Interior. Sir: We have the honor to submit herewith the following statement of the work of the Commission to the Five Civilized Tribes for the month of October, 1903. ( 'In roh e allotment division. — During the month of October 161 tickets of admission to the Cherokee land office were issued, 22 of which were issued to full-blood Indians, making a total of 11,861 tickets issued to October 31, 1903. In accordance with departmental instructions of October 5, the Cherokee land office was closed to the public on October 7, and so remains. Seventy-eight citizenship certificates, embracing 164 persons, and 37 reservation certificates, embracing 59 persons, were issued during the month. Applications for 276 allotments and homesteads were made during the month, in which, were embraced the original applications of 246 persons, the remainder being the applications of persons who appeared to complete their original selections. Of the number of applications received 188 were approved, the approval of 98 being withheld for various causes. The lands allotted during the month of October aggre- gate 20,884.36 acres, valued at $62,288.98. Since the close of the office to the public the employees have been constantly at work upon certificates of allotment and homestead certificates, and have completed the writing and verification of certificates for all allotments made since the opening of the office. The homestead and allotment certificates are written up preparatory to their issuance whenever such action may be authorized, and the office has made considerable progress in classifying and checking up the data relating to segregated Delaware land preparatory to such steps with reference thereto as may be necessary in as prompt compliance as possible with departmental instructions. Allotment contest division. — The progress of the work in the allotment contest divi- sion during the month of October, and the condition of contested allotment cases at the close of the month, as indicated by the records of that division, are shown by the following detailed statement: ******* Cherokee Nation : Contests instituted prior to October 1 521 Complaints received during October 46 Complaints returned for correction during October 7 Contests instituted during October 39 Total number i >f contests instituted to ( >ct< >1 >er 31 560 Contests disposed of prior to October 1 63 Contests disposed of during October 00 ( iontests pending before Commission October 31 496 Contests pending on appeal October 31 1 Total 560 138 ALLOTMENT OF LANDS TO DELAWARE INDIANS. The condition of the 496 Cherokee cases pending before the Commission on ( >ctober 31 was as follows: Under advisemenl 42 A waiting further action of parties LI I 'niter advisement on motion •"> Awaiting final determination of citizenship L75 Involved in Delaware segregation 10 Awaiting issuance of notice and summons 253 Total ' 496 The case pending on appeal on October 31 was waiting for time to expire for filing reply to appeal. By reason of Department telegram of October 2, 1903, directing the Commission not to receive or act upon applications for allotments of land in the Cherokee Nation until further directed, all work in Cherokee allotment contest cases was suspended on October 7, 1903. ******* Respectfully submitted. Tams Bixby, Chairman. T. B. Needles, Commissioner. C. R. Breckinridge, Commissioner. (Through the Commissioner of Indian Affairs. ) No. 164. Department of the Interior, Washington, November 23, 1903. The Commission to the Five Civilized Tribes. Gentlemen: The Department is in receipt of your report dated November 9, 1903, giving a statement of the work of your Commission for the month of October, 1903. Inclosed is a copy of letter of the Commissioner of Indian Affairs, dated November 19, 1903, transmitting said report. Respectfully, Thos. Ryan, Acting Secretary. No. 165. Department op the Interior, Office of Indian Affairs, Washington, November 19, 1903. The Secretary of the Interior. Sir: I have the honor to transmit herewith report of the Commission to the Five Civilized Tribes, of its work for the month of August, 1903, which had been delayed in preparation until the present time. Very respectfully, W. A. Jones, Commissioner. No. 166. Department of the Interior, Commission to the Five Civilized Tribes, Muscogee, Ind. T., November 10, 1903. The Secretary of the Interior. Dear Sir: We have the honor to submit herewith the following statement of the work of the Commission to the Five Civilized Tribes for the month of August, 1903. ******* Cherokee allotment division.— During the month of August, 1903, 816_ tickets of admission to the Cherokee land office were issued, 145 being issued to full bloods. This makes a total of 11,186 tickets issued since the opening of the Cherokee land office. Applications of all kinds by 1,688 persons for allotments and homesteads were received during the month, this number includes the original applications of 1,329 persons, the remainder being the applications of persons who had previously selected ALLOTMENT OF LANDS TO DELAWARE INDIANS. 139 a portion of their allotments and returned to complete their selections. Of the num- ber of applications for allotments made, 1,059 were approved by the Commission, the approval of 529 being undetermined claims or withheld for various causes. The total acreage of the land allotted at the Cherokee land officeduring the month is 106,651.54 acres and the valuation thereof $352,865.24. During the month 1,500 allotment and 1,500 homestead certificates have been written and verified. Allotment context division. — The progress of the work in the allotment contest divi- sion during the month of August, and the condition of allotment contest cases at the close of the month, as indicated by the records of that division, are shown by the following statement: ******* Cherokee Nation: ( 'ontests instituted prior to August 1 291 Complaints received during August 75 Complaints returned during August 10 Contests instituted during August 65 Total number of contests instituted up to and including August 31 356 Contests disposed of prior to August 1 5 ( 'ontests disposed of during August 37 Contests pending before the Commission August 31 314 Total 356 The condition of the 314 Cherokee contest cases pending before the Commission on August 31 was as follows: Set f< »r trial 40 Under advisement 43 Awaiting further action of parties 9 Awaiting final determination of citizenship 100 Involved in Delaware segregation 9 Awaiting issuance of notice and summons 113 Total 314 ******* Respectfully submitted. [Through the Commissioner of Indian Affairs.) TAMS Bixby, Chairman. T. B. Needles, Commissioner. C. R. Breckinridge, Commissioner. No. 167. Department of the Interior, Washington, November 28; 1903, The Commission to the Five Civilized Tribes. Gentlemen: The Department is in receipt of your report dated November 10, 1903, giving a statement of the work of your Commission for the month of August, 1903. Inclosed is a copy of letter of the Commissioner of Indian Affairs, dated November 19, 1903. transmitting said report. Respectfully, Thos. Ryan, Acting Secretary. No. 168. Department of the Interior, Office of Indian Affairs, Washington, December //, 1903. The Secretary of the Interior. Sir: I have the honor to forward a report of the Commission to the Five Civilized Tribes, dated the 14th instant, giving details relative to the work of the Commission during the month of November, 1903. 140 ALLOTMENT OF LANDS TO DELAWARE INDIANS. There are now pending in this office the following citizenship cases: Mississippi Choctaw L35 Choctaw by bl 1 9 ( Jherokee by blood 37 ( !herokee freedmen 44 Creeks 1 »y 1 >lo< "1 18 ; Jreek freedmen 3 Very respectfully, \V. A. Jones, Commissioner. No. 169. Department of the Interior, Commission to the Five Civilized Tribes, Muscogee, Ind. T., December 14, 1903. The Secretary op cue Interior. Sir: We have the honor to transmit herewith the following statement of the work of the Commission to the Five Civilized Tribes for the month of November, 1903. ******* Cherokee allotment division. — During the month of November 39 tickets of admis- sion to the Cherokee land office were issued, 6 of which were issued to full-blood Indians, making a total of 11,881 tickets issued to November 30, 1903. All proceedings looking to the allotment of land in the Cherokee Nation having been suspended, under instructions from the Interior Department of October <>, 1903, no applications for allotment were received during this month. The total area of land in the Cherokee Nation heretofore applied for has been com- puted, and is found to he 1,055,892.07 acres, valued at $3,573,369.37, and in addition to this work the employees of this division have continued at work accumulating and classifying data in anticipation of such plan as may be adopted relative to the correc- tion of what is at present known as the Delaware segregation. Two special field parties were sent out from this office to complete the platting of improvements upon land in the neighborhood of Bartlesville and Vinita, both thickly settled communities. These parties were in the field about two weeks and located and platted improvements on 31 sections in several townships near Vinita, 61 full and 12 fractional sections in several townships near Bartlesville, and !) sections in different localities elswhere. This completes the platting of improvements for all that part of the Cherokee Nation in which it has been deemed desirable to do such work. Allotnn ut contest division. — The progress of the work in the allotment contest divi- sion during the month of November, and the condition of allotment contest cases at the close of the month, indicated by the records of that division, are shown by the following detailed statement: ******* Cherokee Nation. — No work in connection with allotment contests was accomplished during the month of November, this work having been suspended in accordance with departmental telegram of October 2, 1903, referred to in the report for Octo- ber. The employees in that division were, however, constantly employed upon enroll- ment work. The following statement regarding Cherokee allotment contests is therefore practically the same as that contained in the report for October. Contests instituted prior to November 1 560 Contests instituted during November Total number of contests instituted up to and including November 30 560 Contests disposed of prior to November 1 63 Contests disposed of during November Contests pending before the Commission November 30 496 ('( mtests pending on appeal on N< ivember 30 1 Total 560 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 141 The condition of the 496 Cherokee cases pending before the ( lommission on Novem- ber 30 was as follows: Under advisement , 42 Awaiting further action of parties 11 Under advisement on motion 5 A waiting final determination of citizenship 175 Involved in Delaware segregation 10 Awaiting issuance of notice and summons 253 Total 496 The case pending on appeal on November 30 was waiting for time to expire for fil- ing reply to appeal. ******* Respectfully submitted . Tams Bixby, Chairman. T. B. Needles, Commissioner. C. R. Breckinridge, Commissioner. (Through the Commissioner of Indian Affairs. ) No. 170. Department of the Interior, Washington, December 29, 1903. The Commisson to the Five Civilized Tribes, Muskogee, Ind. T. Gentlemen: The Department is in receipt of your report dated December 14, 1903, giving a statement of the work of your Commission for the month of November, 1903. Inclosed is a copy of the letter of the Commissioner of Indian Affairs, dated Decem- ber 22, 1903, transmitting said report. Respectfully, Thos. Ryan, Acting Secretary. No. 171. Department ok the Interior, Office of Indian Affairs, Washington, January 12, 1904. The Secretary of the Interior. Sir: Referring to previous correspondence concerning the Delaware segregation, I have the honor to transmit herewith a report from the chairman of the Commis- sion to the Five Civilized Tribes, dated January 6, 1904, transmitting a report of the Commission, dated December 31 last, relative to this subject. The Commission's report is in triplicate, as are also the different schedules. One copy of the Com- mission's report has heretofore been furnished the Department informally. The report and schedules, together with all of the previous correspondence relating to this subject, have been carefully considered, and I can not recommend the approval of the schedules. Said report and schedules are therefore transmitted for such action as the Department may he pleased to take in the premises. One copy of the Com- mission's report of December 31, 1903, has been retained by the office. All of the other papers received with the chairman's report of January ti. except the copy of the Commission's report informally furnished the Dejsartment, are inclosed herewith. Very respectfully, W. A. Jones, Commissioner. No. 171'. Department of the Interior, Commission to the Five Civilized Tribes, Muscogee, Ind. 7'., January 6, inn.; (4). The Secretary of the Interior. Sir: There is transmitted herewith a report and recommendation, as called for in Departmental letter of October 6, 1903, in regard to the Delaware segregation, together with the exhibits referred to in the report. 142 ALLOTMENT OF LANDS TO DELAWARE INDIANS. There is also transmitted an extra copy of the report and exhibits for the use of Mr. Boneparte in ease the Department deems it desirable to furnish him with such copies, he having made inquiries when here as to tins particular matter. Respectfully, Ta.ms Bixby, Chairman. (Through the Commissioner of Indian Affairs. ) No. 173. Muscogee, Ind. T., December 31, 1908. The Secretary of the Interior. Sir: We have the honor to transmit herewith a list < if lands of the Cherokee Nation constituting the Delaware segregation, which lands the Commission has caused to he so segregated in accordance with section 23 of the act known as "An act to provide for the allotment of the lands of the Cherokee Nation, for the disposition of town sites therein, and for other purposes" (Pub. Doc. 241), approved by the President July 1, 1902, and ratified by the Cherokee Nation August 7, 1902, and commonly referred to as the last Cherokee agreement. This is amendatory or in lieu of any other list or data that this Commission has heretofore adopted or considered for this segregation. We also send you certain accompanying papers, which will be more definitely referred to later on in this communication. The Commission deems it necessary to make a full report upon this matter, not only because of its general importance, but also because of the gradual but ultimately complete revelation of the extraordinary character of the list of lands, 157,604.66 acres in extent, presented to the Court of Claims by counsel for the Delawares, and subsequently accepted by this Commission as a segregation for the Delawares, and of the still subsequent proceedings of said counsel in connection therewith. The document referred to provided by its terms for the correction of wrongs and errors, but when evidence appeared of glaring wrong, amendment and even investi- gation were bitterly opposed by said counsel; unsustained and inadequate denials have been made, novel and astonishing doctrine has been advanced, and the whole matter has become revealed as the most ingenious, persistent, and comprehensive scheme, under a pretext of law, to hold land for personal benefit and contrary to law, and to appropriate the lawful holdings of others without their knowledge or consent, that the Commission has yet come in contact with. The law and instructions under which the Commission has made this segregation, are as follows: Section 23 of the last Cherokee agreement, previously referred to, provides that — "All Delaware Indians who are members of the Cherokee Nation shall take lands and share in the funds of the tribe, as their rights may be determined by the judg- ment of the Court of Claims, or by the Supreme Court, if appealed, in the suit insti- tuted therein by the Delawares against the Cherokee Nation, and now pending; but if said suit be not determined before said Commission is ready to begin the allotment of lands of the tribe as herein provided, the Commission shall cause to be segregated one hundred and fifty-seven thousand six hundred acres of land, including lands which have been selected and occupied by Delawares in conformity to the provisions of their agreement with the Cherokees, dated April eighth, eighteen hundred and sixty-seven, such lands so to remain, subject to disposition according to such judg- ment as may be rendered in said cause; and said Commission shall thereupon proceed to the allotment of the remaining lands of the tribe as aforesaid. Said Commission shall, when final judgment is rendered, allot lands to such Delawares in conformity to the terms of the judgment and their individual rights thereunder. Nothing in this act shall in any manner impair the rights of either party to said contract as the same may be finally determined by the court, or shall interfere with the holdings of the Delawares under their contract with the Cherokees of April eighth, eighteen hundred and sixty-seven, until their rights under said contract are determined by the courts in their suit now pending against the Cherokees, and said suit shall be advanced on the dockets of said courts and determine! 1 at the earliest time practicable." The instructions of the Department, and the steps heretofore taken by the Com- mission in regard to making the Delaware segregation, are duly set forth in the fol- lowing quotations from departmental letters addressed to the Commission: In Acting Secretary Ryan's letter of October 6, 1903, it is said that — n* * * April 20, 1903, your Commission made a report of its action with respect co compliance with the provisions of said section 2:!, from which report it appears, ALLOTMENT OF LANDS TO DELAWARE INDIANS. 143 among other things, as follows: That on December 16, 1902, there was filed with your Commission, by Walter S. Logan, claiming to be the attorney for the Delaware Indians, a schedule of lands, aggregating 157,600 acres, selected by Delawares and claimed by them under the agreement of April 8, 1867, with the Cherokee Nation; that on December 17, 1902, by resolution, your chairman was instructed to * * * cause to be set aside and segregated 157,600 acres of land in the Cherokee Nation, in accordance with the provisions of section 23 of the act of Congress approved July 1, 1902 (Public — -No. 241), subject to disposition according to such judgment as may he rendered in the rase of the Delaware Indians y. the Cherokee Nation, now pending in the United States Court of Claims, and as shown by the description of said land * * * in the schedule above referred to; that on January 1, 1903, your Commis- sion opened the Cherokee allotment office at Vinita, Ind. T., and proceeded to the allotment of the remaining lands of the Cherokee tribe; that on January 23, 1903, your Commission received from Richard C. Adams, claiming to represent the Dela- ware Indians, an alleged corrected .schedule of lands selected by them; that since January 1, 1903, a number of Cherokee citizens have made applications [for allot- ments of lands embraced wholly or in part in the aforesaid schedules, claiming to have been for years in the possession of the lands asked for and to own valuable improvements thereon, and that 'no Delaware citizen has ever occupied such lands or owned any improvements thereon;' that a number of Delaware Indians, since the filing of said schedules and the opening of the allotment office, have made requests to be 'Allowed to make final selections of land containing their improvements and upon which they reside, claiming that no portion of the lands occupied by them is included within the said Delaware segregation;' that the Commission has been advised that there are ' numerous other Delaware citizens whose improved lands are not included within the said segregation, ' and ' whose property rights are thus unpro- tected.' Your Commission states, among other things, that it believes that the lands embraced in said schedule ' have not been selected with a due regard for the interests of either the Delaware citizens generally or other citizens of the Cherokee Nation.' The. schedules of lands so selected by the Delaware Indians were not transmitted to nor formally approved by the Secretary of the Interior. •'The act referred to above imposes upon your Commission the duty of investigat- ing and determining what lands are subject to segregation, and your Commission can not substitute the judgment of the Delaware Indians, or any of them, or anyone act- ing for them or any of them, for your own judgment in this matter. To be effective, the segregation must be approved by the Secretary of the Interior, and, pending such approval, your Commission should not proceed to allot any of the lands in the Cher- okee Nation. When the segregation is made and approved, no application for allotment of any of the lands so segregated should be received by your Commission pending the determination of the suit in question. "It seems clear that the list or schedule of lands does not meet the requirements of the statute in that it does not include all the lands which have been selected and occupied by Delawares, and in that it does include lands which no Delaware has selected and occupied, but to which other Cherokee citizens have claims, based upon alleged settlement and improvements thereon. You will therefore proceed at once to make such examination and investigation as will enable you to determine what tracts should be added to said list and what tracts now embraced therein should be excluded, care being taken to make the list cover the full quantity of land required to be segregated. You will, as soon as possible, report the results of such investiga- tion, with suitable recommendations in the premises. In the meantime, and until the segregation shall have become effective, you will suspend all proceedings looking to the allotment of lands in the Cherokee Nation." In your letter of October 29, 1903, the following statement is made: "By letter of October 6, 1903, you were directed to make such examination and investigation as would enable you to determine what tracts of land should be added to the list of lands to be segregated for the protection of the Delaware Indians in the Cherokee Nation, and what tracts embraced in the list heretofore made out should lie stricken therefrom. It is important that a final list should be made up and approved as soon as may be. It is equally important, however, that the interests of all concerned should be carefully respected and protected. " In order that the Department may have a better understanding of the condition of affairs, and to the end that speedy action may be taken when you shall submit a new list for action by the Department, these further instructions are given: You will at your earliest convenience make up a list of the tracts embraced in the former list which, as shown by the records of your office, are claimed and occupied by Delaware Indians, and to which there are no adverse claims. You will make another list, which shall embrace all tracts claimed by Delaware Indians, but not included in the list heretofore presented to you. You will make a third list embracing the 144 ALLOTMENT OF LANDS TO DELAWARE INDIANS. tracts included in the list heretofore presented, to which some Cherokee citizen, other than a Delaware, makes claim. You w ill transmit with each of these lists a statement of the condition of the tracts embraced therein, as to the occupancy thereof, and improvements thereon so far as the same are known to you, and will also recom- mend what action should he taken by the Department upon each of such lists. "These instructions are not intended to supersede those of < >ctober li, and you will therefore proceed upon any line of examination and investigation which may have been entered upon under those instructions." It may be here said that when the last Cherokee agreement was iinally ratified, August 7, 1902, and the way made clear to begin in a satisfactory manner the allot- ment of the lands of the Cherokee Nation, it was the desire of the Commission to commence that work with as little delay as possible; and January 1 following was fixed upon as a desirable date upon which to open the Cherokee land office and be- gin the work of allotment in the Cherokee Nation. But, as the suit between the Dela wares and the Cherokee was still pending, it was necessary, under the law, to make the Delaware segregation before the general allotment of the Cherokee lands could begin. Anticipating delay in case the Commission had to proceed only upon the basis of its own records in making this segregation, recourse was had to adopting as the segregation a list of the required amount of land which had been filed, by agreement between Walter S. Logan, attorney for the Delawares, and William T. Hutchings, attorney for the Cherokee, before the Court of Claims in the suit then pending before that court. Said agreement of counsel was as follows: "In pursuance of leave reserved and granted by the court upon the final hearing of this ease, it is hereby stipulated and agreed that the record herein be amended by substituting in the place of the incorrect descriptions given in the record herein of 157,600 acres selected and claimed by the Delawares the annexed descriptions, which, upon careful examination, have been found correct. " And it is further stipulated and agreed that the court may, in its decision and final judgment herein, use the annexed correct descriptions in the place of the incor- rect descriptions contained in said reports, provided, however, such substituted descriptions do not interfere with the lawful rights or claim of other Cherokee citizens. "Walter S. Logan, "Attorney for Petitioner. " William T. Hutchings, "Washington, D. C, "Attorney for Respondents. "December 10, 1902." The proceedings in making the foregoing list had been, apparently, of a laborious and painstaking character. The record (p. 363-387, inclusive, and 736-777, inclu- sive, No. 21139, Court of Claims) shows that this was the third list made by the Delawares or by representatives of Delawares. This list, as has been seen, was accom- panied by a proviso that "such substituted descriptions do not interfere with the lawful rights or claims of other Cherokee citizens," thus making provision for the correction of mistakes or wrongs; and, the document being concurred in by counsel, it seemed to give every reasonable assurance of being at least an approximately fair and correct list of lands and a safe agreement, and as such it was duly adopted by the Commission, and the Cherokee land office was opened January 1, 1903. Certain minor clerical errors were found, and by agreement corrected; but soon after the opening of the Cherokee land office certain Cherokee citizens, not of Dela- ware blood, discovered, upon applying for the allotment of their homes and improved allottable lands, that the same had, in whole or in part, been included in the list in question, which, as stated, had been segregated by the Commission, and which for convenience will now be referred to as the Adams and Logan list. This list is what may be termed a blanket list. It does not contain the names of the holders of the land, and there was no ready way for the people to learn its real character ami ((imposition until they applied at the land office for the allotment of their lands. The Commission was equally dependent, so far as any information conveyed on the face of the list is concerned, upon what would be developed in the course of applica- tions for allotment. If the homes and lawful holdings of Cherokee, not Delawares, had been put into said list arbitrarily, and without purchase or the knowledge or consent of such Cherokee, such facts would then appear. But the Commission should have been put upon its guard by the omission of the names of the holders of the land, which omission was not made in the first list pre- ALLOTMENT OF LANDS TO DELAWARE INDIANS. 145 sented to the Court of Claims, previously referred to, and it should have checked said list with the improvement plats, showing the holders and possessors of the lands, very laborious though such work is. But such was our confidence in the integrity of an agreed-upon descriptive list of property in dispute, formally presented to a court of the United States, and in the sufficiency and good faith of the proviso safeguarding " the lawful rights or claims of other Cherokee citizens," that our attention was not arrested by this omission of names and the necessity of the examination referred to did not at the time impress us. When, however, the Commission permitted these Cherokee to give expression to what they deemed their "lawful rights and claims" by proceedings which were "applications" only in name, and were in fact but claims, we were assailed by an application for an injunction upon the ground that we were allotting land segregated for the Dela wares, and we are informed that the members of this Commission are now made parties to a suit alleging great damages to Mr. Adams and his associates for proceedings of this character, but represented to be of a very different character. It is needless to elaborate the fact that no such land was ever allotted or permitted, in the usual and proper sense of the term, to be even "applied" for, except in a very few instances by clerical error, which cases were promptly discovered and cor- rected. The words "application for an allotment," when used in connection with a proceeding of this kind, have been so used only for the lack of a more satisfactory expression, and they are likely to be misleading. These "applications" are a spe- cial class. They are, as has been stated, merely claims, which might be permitted to be made in any one of various w T ays; and which, after all, are simply protests by citizens against the taking of their land and a step toward presenting their " lawful rights or claims" which were presumably safeguarded by agreement between counsel. The continued discovery of the inclusion of the homes and allottable lands of the Cherokee in the Adams and Logan list was as great a surprise to the Commission as it was to the Cherokee themselves, and it led to our communication to the Depart- ment of April 20, 1903, previously referred to. We now send you a list, marked "A," which gives a partial idea of the extent of this wrong. Correcting certain errors found in an earlier list, and leaving out certain points in dispute, this list gives the names of 239 Cherokee citizens who, as original claimants, testify under oath that they are the sole possessors of their homes and allottable lands,"which are found to be included, in whole or in part, in the Adams and Logan list. Theextent of each citizen's property thus shown to have been taken without his knowledge or consent, is given, and the total amount of this exhibit of land is 13,375.80 acres. This, as indicated, is. however, but a partial statement of the case, for two-thirds of the Cherokee have not yet appeared at the land office. In arriving at the total, however, of lands of Cherokee not of Delaware blood, included in the Adams and Logan list, there must be considered, not only the fore- going, and probably very much more land of Cherokee which appears to have been put into said Adams and Logan list without the knowledge or consent of the lawful holders of said land, but also considerable bodies of land of certain Cherokee which have been put into that list with the knowledge and consent of the holders. Passing to the consideration of the grand total of land in the Adams and Logan list that is shown by our records to belong to Cherokee, not of Delaware blood, and including as a part the lands just referred to in Exhibit A, attention is now called to Exhibit B, herewith inclosed, which gives the names of all such Cherokee, their citizenship card numbers, and the lands, as per townships, shown as stated to be owned by them. The aggregate of such land is 39,120.45 acres. It is not to be assumed that all of this land will be revealed to have been put into the Adams and Logan list without the knowledge or consent of the holders, as before indicated. Some Cherokee holders of large bodies of land are understood to have made trades with Mr. Adams by which their lands became included in the Adams and Logan list. It was intended to send you a list of this land, grouped into totals of individual holdings, and we hope to send you such an arrangement of the data in a short time; but a present partial examination shows the following Cherokee citizens to be among the principal holders of these lands, and the amounts of their holdings: Acres. Robert L.Owen 6,931.75 Francis B. Fite 2,579.98 KdwardL.Halsell 1,462.62 Jacob H. Bartles 1,149.62 Total 12,123.97 S. Doc. 104 10 146 ALLOTMENT OF LANDS TO DELAWARE INDIANS. A careful analysis of the Adams and Logan list shows the following to be the totals of lands of different classes constituting that list: Total acreage of land of different classes found to constitute tin' Adams and Logan list of land, as per the records of the Commission. Number of acres held bv registered Delawares with no adverse individual claimants 61 , 006. 97 Number of acres held by registered Delawares, but having adverse claimants 1, 550. 22 Number of acres held by nonregistered Delawares, no adverse claimants. 26, 258. 49 Number of acres held by nonregistered Delawares, but having adverse claimants 1, 358. 59 Number of acres held by Cherokee 39, 1 20. 45 Number of acres held by unidentified parties 11, 103. 63 Number of acres of public domain 17, 102. 44 Number of acres in town sites, approved 48. 87 Number of acres in town sites, not approved 55. 00 Total of the Adams and Logan segregation 157, 604. 66 The following quotations from correspondence gives the explanations of their list made by Mr. Adams and Mr. Logan. Mr. Adams makes certain business and sta- tistical statements and offers terms of adjustment, and Mr. Logan justifies his list by a claim of legal right that is new to the Commission and, apparently, quite extraor- dinary in its character. In this connection, in a letter addressed to the commissioner in charge of the Cherokee land office, December 7, 1903, Mr. Adams says: i<# * * p OY ti ie information of the Commission, and for future reference, I hand you herewith a memorandum showing lands that I have purchased from cer- tain Cherokee who formerly owned improvements thereon. These improvements belong to me. The land is put into the Delaware segregation and belongs to the Delaware Indians, subject to future determination of the Delaware council and the decision of the Supreme Court in the case now pending. The Delaware Indians contracted to pay me in land for services rendered in defending their interests. This they would prefer to do ; but if for any reason they can not, tben this land belongs to them and I will have to look to them to give me compensation for my services through other means. In any event, the lands described in the memorandum here- with inclosed do not belong to Cherokee citizens, said citizens having parted with their right to select the same by receiving cash consideration from me for what- ever rights they had in and to the lands and improvements. I can send you at any time you wish copies of the original deeds or bills of sale, or the originals them- selves if need be. "In addition to the lands in the inclosed list, I have some other lands, of which at this writing I have not prepared a memorandum. * * * "If there is any way in which I can assist you or the Commission in regard to the segregation of the Delaware lands, I will be glad to render such aid as is in my power. ' ' A copy of the list above referred to by Mr. Adams is inclosed. In the same connection Hon. James K. Jones, as counsel for Mr. Adams, submitted December 23, 1903, the following proposition: " Mr. Adams authorizes me to say that he holds the lands standing in his name in the agreed list of lands submitted for segregation for his people, the registered Dela- wares and the descendants of registered Delawares, and not for himself; that in acquiring these lands for the benefit of his people he has expended his own money, and that he believes his people will in the event of the establishment of their claim reimburse him for all such expenditures, as well as for his risks and services in their behalf. "That for the purpose of inducing you to include these lands in the Delaware segregation for the benefit of his people, and subject to the action of the Supreme Court, he stands ready to, and hereby proposes to, convey all such lands in any way that you may suggest to any committee of Delaware Indians to be selected by you or your Commission, to be held by them under the direction of your Commission for the sole benefit of the Delaware tribe of Indians. " If under these safeguards you are willing to allow his people to have the benefit of these lands, bought with his money for their use, bv including them in the Dela- ALLOTMENT OF LANDS TO DELAWARE INDIANS. 147 ware segregation, he will at once execute such conveyance as you may suggest to any parties named by you. * * *" On December 26, 1903, Mr. Adams wrote the Cherokee land office as follows: "Inclosed I hand you copy of certain deeds and papers relating to the improve- ments I purchased on lands in the Cherokee Nation, which I desire to have segre- gated for the benefit of the Delaware Indians. Many of these papers are recorded in the records of improvements of the Illinois district. Such as are so recorded are so marked and such as are not recorded I have the originals in my office. These copies are not certified copies, but they have been carefully compared. I can, if you desire, send the original papers to you at any time that you may require them. "In looking over the list of the 302 claimants of the Delaware segregated land, I find that a large number were Delawares claiming their own land that was in the segregation. I also found that some of the land said to be in the segregation was not, and some of the tracts were claimed by more than one Cherokee. I think when you come to examine this matter closely, you will find that very few of the 302 can show reasons why the land should not be included in the segregation." To Mr. Adams's letter of the 7th of December, reply was made by the commissioner in charge of the Cherokee land office on December 12, in part as follows: 'i* * * As to the parties, some 300 in number, who have to date made claim that their occupied lands and homes have been, without their knowledge or consent, put into what has been called the Delaware segregation, such parties as commonly referred to are those who have made such complaint in person or, in some instances, in writing when information of the disposition of their lands has reached them, and none of them are of Delaware blood, nor do they make any claim as Delawares, but care will be exercised to see that no improper representations of this character prevail. * * * " You are welcome to appear at this office in person or by representative and to consider and make suggestions and representations in regard to every tract of land in any way connected with these proceedings. In renewing the offers of this office to extend to you every facility within its power, I must call attention, however, to the fact that this business is already greatly delayed and other interests immensely inconvenienced chiefly by reason of the nature and character of the list heretofore presented by yourself and Mr. Logan for segregation, that the preliminary work has continued since early in October, and now this office is directed to make final report to the Commission as soon as possible. It seems probable that there will be very few instances in which any difference of opinion can exist as to what class any tract of land comes under. If it is of an excluded class, that of course would settle the question; and as the classes to be included have been defined by the Commission, this should make your review of the segregation, with your knowledge of the lands you are particularly interested in, a very brief labor and one that you can readily complete before this office makes its report. I hope to report to the Commission within not exceeding ten days; and, as heretofore, all the data is open to your inspection." To the letter above referred to from Hon. James K. Jones reply was made from the Cherokee land office December 26. After reviewing the matter to date and recit- ing that Mr. Adams had telegraphed his intention to be at Tahlequah on December 21, that reply contains the following language: k* * * jyj r Adams did so appear on that date, and he exhibited a bundle of papers, which he said were bills of sale of land or improvements he had bought, and which he said he would leave with this office. He was told that the originals would be returned to him as soon as copies could be made, but he failed to leave the papers. " On the 22d instant, at Muskogee, Mr. Adams made to me the same statement about lea'ving the bills of sale, but he did not leave them, and to this date he has fur- nished the Commission no evidence of the persons from whom he acquired these lands, upon what terms, or by what authority, except such general statements as I have enumerated. He does not avail himself of the repeated offers of access to all of our records in this business, nor does he submit any evidence that the lands he claims are not rightfully held as shown by our improvement plats and other evidence of record. He can not reasonably ask the Commission to delay without limit, nor expect to gain his case by simply making complaint and withholding the evidence. "In answer now more specifically to your proposal, as at present advised I do not see that this office under its instructions can accede to the proposition. "As you say, Mr. Adams expended his own money under a belief that his clients would 'reimburse him,' etc. In other words, he indulged in a business transaction and apparently with a view of the law respecting the making of the Delaware segre- gation greatly at variance from that held by the Commission. According to the 148 ALLOTMENT OF LANDS TO DELAWARE INDIANS. doctrine laid down by Walter S. Logan, counsel for the Delawares, and according to the way the Adams and Logan list of land for segregation now seems to have been made up, there was no need for Mr. Adams to expend his money except for his personal benefit and profit. Mr. Logan, in his letter of December 3, says: '"The agreement between the Delawares and the Cherokees of April 8, 1867, provides that — "'The selection of the lands to be purchased by the Delawares may be made by said Delawares in any part of the Cherokee Reservation east of the said line of 96, not already selected and in the possession of other parties.' "The Delawares, therefore, are to make their own selections. "The selections they have made are on rile with you. The only question that can arise, therefore, is as to whether any part of the lands so selected were 'already selected and in the possession of other parties,' within the meaning of the agreement. "The phrase 'already selected and in the possession of other parties' refers, of course, to the date of the agreement — that is, April 8, 1867. If it is claimed, there- fore, that any part of these lands were not open to the Delawares to select, it must be because on April 8, 1867, they had been 'already selected and in the possession of other parties' who are now claiming them. It is not enough that the lands should have been 'selected.' They must have been not only 'selected,' but in the actual 'possession of other parties.' "* * * we are entitled to have segregated to us the lands which we have selected and which were not on April 8, 1867, 'already selected and in the possession of other parties,' and such other lands as we may hereafter select in the place of those which it may determine were on that date 'already selected and in the possession of other parties.' "Also, according to our record, some 16,000 acres of land belonging to nearly 300 Cherokees was thus arbitrarily put into that list for segregation. All this casts grave doubt upon the correctness of the status of Mr. Adams's lands as defined by him. * * * "I do not enter upon other features of the case, such as the power of the Commis- sion to make such an arrangement, the effect of incumbrances upon the land, and the inevitable perversion of the Commission to functions of a personal and private character, such as the excess holding of land and the collection of debts that have no security in law. It does not appear necessary to go into these matters, except to suggest them, for, so far as my duty is concerned, Mr. Adams' transaction, in princi- ple and from the beginning, seems to me to be contrary to what I am directed to recognize as lawful, except in so far as he may be able to show selections in which he is personally interested as a registered Delaware, or as an heir of a registered Del- aware to the extent of 160 acres of land per capita, as laid down in the resolution." In regard to the memorandum of lands referred to in Mr. Adams' letterof December 7, it should be stated that it did contain the names of the persons of whom he alleges he made purchases of land or improvements, and also the dates of said purchases. The alleged copies of bills of sale sent with Mr. Adams' letter of December 26 are found to relate to the same lands which are enumerated in the memorandum. The "some 16,000 acres of land belonging to nearly 300 Cherokees," just referred to, is a statement based on a list of land in the Adams and Logan list, and of Chero- kee claimants of the same, furnished at one time to Mr. George S. Chase, for Mr. Adams. It includes the 13,375.80 acres of Exhibit A, and it is the same land also to which Mr. Adams refers in his letter of December 26, 1903, where, in an effort to explain this obvious attempt to appropriate the property of other people, he makes the following statement: "In looking over the list of the 302 claimants of the Delaware segregated land, I find that a large number were Delawares claiming their own land that was in the segregation. I also found that some of the land said to be in the segregation was not, and some of the tracts were claimed by more than one Cherokee. I think when you come to examine this matter closely you will find that very few of the 302 can show reasons why the land should not be included in the segregation. - ' Concerning this statement and explanation of Mr. Adams's, reference has already been made to Exhibit A, giving the names of 239 < !herokees whose sworn testimony, on file, contradicts him, as do our plats, as to 13,357.80 acres. There is not a line of evidence contradicting this testimony except Mr. Adams's opinion that "very few * * * can show reasons why the land should not be included in the segregation;" and copies of alleged bills of sale presented by him for 260 acres, said bills of sale bearing date March 21), 1899, August 14, 1899, and January 27, 1900, all prior to the date of the Commission's improvement plats, which plats do not show him to own or occupy any of said land; and he is further contradicted bv the sworn testimony of George W". Waller, father of Goldie J. Waller (Cherokee card 5458), Sallie Taylor ALLOTMENT OF LANDS TO DELAWARE INDIANS. 149 (Cherokee card 5494), Susan Swan (Cherokee card 5595), Daisy D. Byrd (Cherokee card 5452), and Henry H. Byrd (Cherokee card 5473), all clearly shown, so far, to be the lawful occupants of this land. As to the rest, Mr. Adams presents nothing but an unsupported opinion of his own and a desire to take the land. The original list of this class of land was for 16,439.78 acres, claimed by 298 per- sons. That included, not evidenced at the time, 1,198.62 acres claimed by 19 per- sons, listed as Delawares, not desirous of being involved in the Delaware dispute and requesting to be allowed to exercise their rights as Cherokees. Inclosed is a list of these persons and of their lands, marked "Exhibit C." Also inclosed find list "D," showing the lands of all Delawares, registered and unregistered, included in the Adams and Logan list, without adverse individual claims, and given as found by town sites. Also find list " E," giving the same infor- mation, but arranged so as to show the amount of each individual's holdings. But the original list now under consideration was found to contain in error 875.06 acres not in the Adams and Logan list, and there was also in error 990.30 acres by reason of certain tracts having been counted more than once, the same being claimed by two or more persons. Instead, therefore, of the facts being as Mr. Adams indicates, the status of this matter is found to be as follows: Original list 16, 439. 78 Less amount — Not included in Adams and Logan list 875. 06 Counted more than once 990. 30 1,865.36 Leaving 14, 574. 42 Possible deduction as to Delawares claiming as Cherokee 1, 198. 62 Leaving 13, 375. 80 The foregoing indicates how unsustained are Mr. Adams's claims as to Cherokee lands shown to be included in the Adams and Logan list without purchase or the knowledge or consent of the lawful occupants of the lands. What it would amount to if full information were at hand as to the total of 39,120.45 acres of Cherokee hold- ings of all kinds found to be in the Adams and Logan list, we can not, of course, say at this time; but presumably it would amount to a very much larger acreage than has yet been revealed of this class of land. What Mr. Adams claims under his alleged purchase of land or improvements, has, as far as the Commission can identify the same, no connection with the foregoing lands except as respects the 260 acres previously referred to. As for his allegation that he bought his lands as a trustee for the Delawares, referred to particularly in the quoted correspondence with Hon. James K. Jones, investiga- tion shows that all of said land was bought before the passage of the last Cherokee agreement, under which law we are operating, and that about one-third of it was bought even before the passage of the Curtis Act. And, again, if the doctrine of his chief legal adviser, Mr. Walter S. Logan, was a guide to him, there was, perhaps, not the slightest occasion to buy an acre of the land he desired to possess. Mr. Logan's justification of these matters will now be considered. While Mr. Adams makes unsupported statements and denies the facts, Mr. Logan, in speaking of the \dams and Logan list, denies nothing, but boldly announces the doctrine that — "The Delawares, therefore, are to make their own selections. "The selections they have made are on file with you. The only question that can arise, therefore, is as to whether any part of the lands so selected were 'already selected and in possession of other parties' within the meaning of the agreement. "The phrase 'already selected and in the possession of other parties' refers of course to the date of the agreement, that is, April 8, 1867. * we are entitled to have segregated to us the lands which we have selected and which were not on April 8, 1867, 'already selected and in the possession of other parties.' " (Letter from Walter S. Logan to the Commission of December 3, 1903, copy inclosed.) Mr. Logan's position need only be quoted to be understood. It hardly permits of comment. There are few improvements in the Cherokee Nation of so ancient a date as the 8th of April, 1867. This is particularly true of what is now the most populous and opulent part of the Nation. In view of these facts, and Mr. Logan's opinion, and the general disposition manifested by these gentlemen, we can hardly be surprised at the inclusion in their list, in one way and another, of nearly 40,000 acres of the 150 ALLOTMENT OF LANDS TO DELAWARE INDIANS. occupied lands of Cherokee and also of Bome approved as well as unapproved town- site property. We can only be surprised that Mr. Adams should deem it necessary to buy any property at all, that they did not attempt to take more, and that Mr. Logan, perhaps for color and support, should make the following statement, as he does at the close of his letter of December 3, in speaking of the views of the honor- able and distinguished attorney for the Cherokee Nation, viz: " I had a talk with Mr. William T. Hutchin[g]s in Washington yesterday on this matter, and his views and mine seem to be in entire accord in this matter." It is thus, in part at least, that this remarkable attempt has been made to acquire and retain large bodies of thechoiceand improved lands and homes of the Cherokees. The record in this matter at no point shows that Mr. Adams or anyone acted as trustee, or any authority for Mr. Adams or anyone to so act, or any act distinguish- able from an effort to seize property improperly and an attempt of an excess land- holder to cover up his excess holdings in the Delaware segregation; and, as a last resort, to try and transmute such excess holdings into some vague sort of community interest, all alike unlawful and improper. The list of Delaware segregated land now submitted to you for approval has been compiled under the following construction of the law and the Department's instruc- tions, and we see no conflict between them. Departmental letter of October 6, 1903, says: "The act referred to above imposes upon your Commission the duty of investi- gating and determining what lands are subject to segregation, and your Commission can not substitute the judgment of the Delaware Indians, or any of them, or anyone acting for them or any of them, for your own judgment in this matter. * It seems clear that the list of schedule of lands does not meet the requirements of the statute in that it does not include all the lands which have been selected and occupied by Delawares, and in that it does include lands which no Delaware has selected and occupied, but to which other Cherokee citizens have claims based upon alleged settlement and improvements thereon. You will therefore proceed at once to make such examination and investigation as will enable you to determine what tracts should be added to said list and what tracts now embraced therein should be excluded, care being taken to make the list cover the full quantity of land required to be segregated. You will as soon as possible report the results of such investigation, with suitable recommendations in the premises. * * *" Departmental letter of October 29, 1903, says: "By letter of October 6, 1903, you were directed to make such examination and investigation as would enable you to determine what tracts of land should be added to the list of lands to be segregated for the protection of the Delaware Indians in the Cherokee Nation, and what tracts embraced in the list heretofore made out should be stricken therefrom. It is important that a final list should be made up and approved as soon as may be. It is equally important, however, that the interests of all concerned should be carefully respected and protected. " In order that the Department may have a better understanding of the condition of affairs, and to the end that speedy action may be taken when you shall submit a new list for action by the Department, these further instructions are given: You will, at your earliest convenience, make up a list of the tracts embraced in the former list which, as shown by the records of your office, are claimed and occupied by Del- aware Indians, and to which there are no adverse claims. You will make another list, which shall embrace all tracts claimed by Delaware Indians, but not included in the list heretofore presented to you. You will make a third list embracing the tracts included in the list heretofore presented, to which some Cherokee citizen, other than a Delaware, makes claim. You will transmit with each of these lists a state- ment of the condition of the tracts embraced therein, as to the occupancy thereof, and improvements thereon so far as the same are known to you, and will also recommend what action should be taken by the Department upon each of such lists. "These instructions are not intended to supersede those of < >ctober 6, and you will therefore proceed upon any line of examination and investigation which may have been entered upon under those instructions." Section 22 of the last Cherokee agreement is as follows: "Sec. 22. Exclusive jurisdiction is hereby conferred upon the Commission to the Five Civilized Tribes, under the direction of the Secretary of the Interior, to deter- mine all matters relative to the appraisement and the allotment of lands." Section 23 of said agreement provides, in the contingency that the Delaware segre- gation must be made, that — "* * * the Commission shall cause to be segregated 157,600 acres of land, including lands which have been selected and occupied by Delawares in conformity to the provisions of their agreementwith the Cherokees, dated Aprils, 1867. * * *' It seems perfectly clear that, if the Commission is to make the segregation before ALLOTMENT OF LANDS TO DELAWARE INDIANS. 151 the final termination of the Delaware suit, it is referred definitely to the agreement of April 8, 1867, in order that, in discharging that duty, it maybe sure that it is "including," in said segregation, as the law specifically requires, " lands which have been selected and occupied by Delawares in conformity to the provisions of their agreement with the Cherokees dated April 8, 1867." No reference of similar questions to the courts, or even a reference of this identical question, can excuse us from the duty of construing the same law as respects our duty in making the segregation if it devolves upon us to so act in advance. The question as to whether we shall act in advance is an administrative question and not a legal question. If we must act, the legal duty is clear and mandatory. What may follow after the final decision of the courts does not enter into the legal question before us at this time. That is a consideration bearing more directly upon the administration phase of the question, and that is not now before us. We have gone, therefore, directly to the agreement of April 8, 1867, and to the facts of the present time, as best in evidence before us, to ascertain what lands "have been selected and occupied by Delawares in conformity to the provisions of their agreement with the Cherokees dated Aprils, 1867 * * *" The contingency of an allotment of land was definitely provided for in the agree- ment of April 8, 1867. Where there might be doubt, the text was parenthetically explained. The language is as follows: " * * *; and in case the Cherokee lands shall hereafter be allotted among the members of said Nation, it is agreed that the aggregate amount of land herein pro- vided for the Delawares, to include their improvements, according to the legal subdi- visions when surveys are made — that is to say, 160 acres for each individual — shall be guaranteed to each Delaware incorporated by these articles into the Cherokee Nation, nor shall the continued ownership and occupancy of said land by any Delaware so registered be interfered with in any manner whatever without his consent * * *." Then follows restrictions in these words: "* * * that nothing herein shall confer the right to alienate, convey, or dispose of any such lands, except in accordance with the constitution and laws of said Chero- kee Nation." This agreement, upon which we are thrown as our guide in this matter, concludes as follows: "* * * On the fulfillment by the Delawares of the foregoing stipulations, all the members of the tribe, registered as above provided, shall become members of the Cherokee Nation, with the same rights and immunities, and the same participation (and no other) in the national funds as native Cherokees, save as hereinbefore pro- vided. And the children hereafter born of such Delawares so incorporated into the Cherokee Nation shall in all respects be regarded as native Cherokees." The Commission is of the opinion that no land was "selected and occupied by Delawares in conformity to the provisions of their agreement with the Cherokees dated April 8, 1867," acting as Delawares, except such as has been selected and occu- pied by registered Delawares; and that said registered Delawares could and can only select, hold, or occupy, as Delawares, 160 acres for each individual so registered. We find no right attaching to an unregistered Delaware to designate for or have included in the segregation any land of his own selection. If an unregistered Delaware is occupying land acquired from one or more deceased registered ancestor, we do not feel constrained to refuse, and w r e do not refuse, to include said land in the segregation to the extent of not exceeding 160 acres selected and occupied by each of said deceased registered ancestors and held in continuous possession by said unregistered descendant. The same is true of the land of the ancestor of a descendant who is himself a registered Delaware. This makes the holding of land somewhat cumulative in a few cases; but we have no desire to anticipate any question that can possibly be left untouched until the courts may render a final decision; and it has appealed to us that this course is per- missible in the present instance, although it permits what as to other lands would be an excess and unlawful holding of land. From this point we proceed to select land for the segregation from the available part of the public domain to an extent sufficient to make up the required segregation of 157,600 acres. There are parts of the public domain which we do not consider available for this segregation. These are such parts of the excess holdings of citizens as have of neces- sity been relinquished under the provisions of the last Cherokee agreement and the Curtis Act. They are scattered tracts of land, much in request by citizens for their individual allotments, the same being generally of high, and often of very great value; they are frequently clouded with conflicting claims of right of possession, and the Commission believes that, at best, to put such lands into the segregation would only serve as a means of excess landholding on the part of contiguous owners of 152 ALLOTMENT OF LANDS TO DELAWARE INDIANS. land, an odious and vexatious violation of law that the Commission is doing its utmost to break up, and which should under no circumstances be connived at or made possible. It is with extreme reluctance that the Commission has felt required to recognize the selections of even deceased registered Delawares in a way that permits of seemingly sonic abuse. But that at least is clearly recognized and defined, and it is permitted only as an unavoidable evil under the law and circumstances. In accordance with the foregoing views the Commission, on the 10th instant adopted, after full consideration, the following resolution: "Muscogee, Ixd. T., December 10, 1903. " Resolved, That the Delaware segregation shall consist: " First. Of lands shown by the records of the Commission to be selected and occu- pied by living registered Delawares, in accordance with the treaty of April 8, 1867, to the extent of 160 acres per capita of said living registered Delawares, said 160 acres to contain, as far as may be, the principal improvements of said living regis- tered Delawares; "Second. Of lands shown to have been selected by a deceased registered Delaware under said treaty of April 8, 1867, to the extent of 160 acres per capita of land so selected and occupied and which is found now to be in the possession of a descendant of such deceased registered Delaware, said land to contain, as far as may be, the principal improvements of said deceased registered Delaware; "Third. Of public land, in addition to the foregoing, sufficient to make up a total of 157,600 acres for this segretation. "The commissioner in charge of the Cherokee land office is directed to prepare a list of the foregoing lands as soon as possible, and to report to the Commission." At the request of Mr. E. C. Adams and his counsel, Hon. James K. Jones, the question of what should be included in the Delaware segregation was again considered on the 22d instant, when the Commission, after full consideration, adopted the fol- lowing resolution: " Resolved, That after hearing argument in regard to making the Delaware segrega- tion, the Commission concludes not to change the instructions heretofore given in regard thereto. The lands of the public domain placed in said segregation shall be as far as possible such as will not serve as a means of excess land holding by individ- uals for their personal profit." It is upon these lines that the segregation as now submitted to you has been made. As our plats and data were not made with a special view to compiling a list of this character, the task has involved an amount of office and field work and necessitated a consumption of time difficult of appreciation by one not actually charged with the undertaking. Whatever may be its defects this much can be assured, that accord- ing to our information and data no man has been done injustice and no man has been unduly favored. The following information may be of interest to the Department: Acres. Land in the present segregation included in Adams and Logan list 20, 609. 45 Land in the present segregation not included in Adams and Logan list. . 136, 995. 21 157, 604. 66 Land of the Adams and Logan list omitted from present segregation and shown bv Commission's records to be: Owned by Cherokees 39, 120. 45 Public domain 17, 102. 44 Town sites 103. 87 Listed to people not identified 11, 053. 63 Excessive holdings of individual Delawares 69, 614. 82 136, 995. 21 The property in approved town sites, found to be included in the Adams and Logan list, is as follows: Approved town sites: Acres. In North Tulsa 20. 00 In Sallisaw 1 7. 88 In Big Cabin 10. 99 48.87 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 153 The property in town sites not yet approved, found to be included in the Adams and Logan list, is as follows: Unapproved town sites: Acres. In Ochelata 30. 00 In Lawton 25. 00 55.00 Total of all towns: Approved 48. 87 Unapproved 55. 00 103. 8/ In reviewing our data, we seem to have supplied all the tables the Department desired, except a separate enumeration of the Delawares and the land claimed by them omitted from the Adams and Logan list. This involves a very lengthy search of the plats and comparison of data. We will try to supply it. This is true, how- ever, that we have exhaustively searched the plats and the citizenship records, and sent out special field parties, both as to people and land, to make sure that no Dela- ware or his lawful quota of land is omitted from the list of segregated land we now send you, and we recommend that said list be approved, as curative, as set forth in the exhibits and in this report, of the evils now so patent to the Department and the Commission. This, it may be said, would be in effect an approval of all the work set forth in this report and the accompanying lists or exhibits, for, in addition to what is included in the present list of segregated lands, as just stated, it involves the rejection of every acre of land improperly included in the Adams and Logan list, which rejected lands, as already shown, amount to 136,995.21 acres. A claim has been made with much stress that the Government paid, in 1890, $1,000,000 of the tribal funds to the Delawares in the Cherokee Nation; that it was upon the condition that they use the money so obtained in paying for their lands and improvements in the Cherokee Nation; that first, one half of the sum was paid, and then, upon assurance that the money was being used in the way indicated, the other half was paid, and that thus an obligation was incurred or recognized, fairly operative now, to let individual Delawares hold, subject to the final decision in the Delaware-Cherokee suit, all the land they are found to be in possession of, or, at least, to segregate, as far as may be, such land as of the public domain. The Department is doubtless better informed in regard to this transaction than the Commission. The contention, however, has not impressed the Commission as being well founded. In the first place, there is no evidence before the Commission that this was other than a payment of tribal funds pro rata among the then recognized claimants, with only a care to see that the recipients would use the money judiciously. This might well be done under any construction of the rights of the Delawares in the Cherokee Nation; and, in the light of this act, the Department, at a subsequent date, took a distinctly opposite view from the one now contended for respecting the rights of these Delawares, as set forth in the opinion of First Assistant Attorney-General Campbell, October 5, 1897, addressed to and approved by Secretary Bliss. It is urged that these lands are of the best lands, and that those now taken from the public domain by the Commission are, generally speaking, of much lower grade and value. This is true. It is also true that if the Commission could find average land, avail- able for this segregation, it would, as a matter of justice both to the Delaware claim- ants and the Cherokee Nation, select such land to complete the segregation to the amount required by law. The Delawares, however, having failed to exercise or continue the operation of their distinctive rights under the contract of April 18, 1867, can not now ask the Commission to act for them in a way disassociated from mandatory conditions which have arisen. We include all the land that we consider they are, as Delawares, law- fully occupying. If they have improved land in excess of what they are considered entitled to as Delawares, they, under the practice of the Commission, can and do still have such land set aside for them, in addition to what we reserve from the pub- lic domain, to the value of 110 average acres, the allottable right and interest of a Cherokee. Every Delaware not found in possession of land is recognized in what is taken from the public domain, and still he also can at any time have reserved for him a regular Cherokee allotment. 154 ALLOTMENT OF LANDS TO DELAWARE INDIANS. It seems clearly too much to ask in the name of generosity or fair dealing that, in addition to all this, we shall select lands contiguous to those holders of land, only to be held professedly in trust, but in fact for their individual benefit — lands, generally speaking, far in excess of the average value — while the remoter parts of the public domain which we do select, though rated low in the scale of values adopted for pur- poses of distribution, yet have a market value much greater than the $1 per acre paid by the Delawares for the tenure they contracted for. In a separate communication we address the Department in regard to what may be necessary steps following the approval of the list of segregated lands now transmitted. Respectfully, The Commission to the Five Civilized Tribes. Tams Bixby, Chairman, T. B. Needles, C. R. Breckixkidge, Commissioners. (Through the Commissioner of Indian Affairs.) New York, December 3, 1903. Hon. Tams Bixby, Chairman Commission, Muscogee, Tnd. T. My Dear Sir: I have your telegram of November 27, stating that the Commission will meet on December 10 to consider matters pertaining to the segregation of Dela- ware lands and that you will be pleased to hear oral or written arguments which we may desire to present touching the method which should be adopted for making segregation. The agreement between the Delawares and the Cherokee of April 8, 1867, provides that— "The selection of the lands to be purchased by the Delawares may be made by said Delawares in any part of the Cherokee Reservation east of the said line of 96 not already selected and in the possession of other parties." The Delawares, therefore, are to make their own selection. The selections they have made are on file with you. The only question that can arise, therefore, is as to whether any part of the lands selected were "already selected and in the possession of other parties " within the meaning of the agreement. The phrase "already selected and in the possession of other parties" refers of course to the date of the agreement; that is, April 8, 1867. If it is claimed, therefore, that any part of these lands were not open to the Delawares to select, it must be because on April 8, 1867, they had been "already selected and in the possession of other parties " who are now claiming them. It is not enough that the lands should have been "selected." They must have been not only "selected," but in the actual "possession of other parties." If it is claimed that any part of these lands were on April 8, 1867, "already selected and in the possession of other parties " that would raise an issue, which I have no doubt your Commission has the power to determine, and we will be prepared to meet any such issue when it is raised, in case that issue should be determined against us as to any particular section or tract of land, then we will make other selections that are open to us to complete the 157,600 acres. Otherwise, we are entitled to have segregated to us the lands we have already selected, and in any event we are entitled to have segregated to us the lands which we have selected and which were not on April 8, 1867, "already selected and in the possession of other parties," and such other lands as we may hereafter select in the place of those which it may determine were on that date "already selected and in the possession of other parties." I had a talk with Mr. William T. Hutching in Washington yesterday on this mat- ter, and his views and mine seem to be in entire accord in the matter. The Delawares insist upon the segregation to them of the lands which they have already selected, and, if further selections are to be made, of the lands which they may hereafter select. I am of the opinion that the function and power of your Commission is confined simply to the determination of what lands the Delawares have selected and whether they were under the terms of this agreement open to selection by the Delawares. Whenever any issue that may be raised in this matter is to come up for trial before your Commission, the Delawares will be properly represented either by my office or otherwise upon receiving adequate notice. The provision limiting the right of the Delawares to select lands "not already selected and in the possession of other parties" is of course inserted simply for the ALLOTMENT OF LANDS TO DELAWARE INDIANS. 155 protection of parties who had already made their selections at that time and such parties alone are entitled to raise the objection. If the Delawares have bought the rights of Cherokees already in possession, or induced for any consideration the Cher- okee to give up his selection, then the lands became obviously open for selection to the Delawares. The only lands which the Delawares could not select were those which were " already selected and in the possession of other parties," who are in position to insist upon their rights, and do so insist upon their rights. When they have sold out to the Delawares, they can not of course set up their prior locations against the Delaware selections. Yours, very truly, Walter S. Logan. On June 18, 1897, I bought from William P. Ross and Edward C. Ross three- fourths interest in the SW. f and the NW. J of sec. 29, T. 16, R. 20, paving the sum of $160. At a later date I bought the remaining interest of the Ross brothers, paying the sum of $125. On the 23d dav of January, 1897, I bought from Walter Scott 38 acres in sec. 6, T. 15, R. 20, for which I paid the sum of $300. On the 27th day of November, 1896, I paid Walter Scott $50 for about 25 acres of land on the north side of Fort Gibson and Tahlequah road, to straighten up our lines in sec. 1, T. 15, R, 20. On the 2d day of November, 1896, I paid James S. Fuller and Rosie L. Fuller $400 for about 40 acres of land in sees. 1 and 12, T. 15. R. 19. On the 19th day of December, 1896, I paid William P. Ross and Maud Ross $150 for 18 acres of land on the north side of Fort Gibson road that runs by the national cemetery, the same being in sec. 1, T. 15, R. 19. On the 23d day of January, 1897, I paid H. C. Meigs $500 for a tract of land then known as the Meigs pasture, consisting of about 500 or more acres, being in sees. 30 and 31, T. 16, R. 20. On the 8th day of December, 1896, I paid to J. S. and R. L. Fuller $200 for 15 or i in ire acres of land bounded as follows: On the east side by the tracts lately belonging to William Ross and now belonging to R. C. Adams; on the south side by the Tahle- quah and Fort Gibson road; on the west by the State line running parallel with the section line, and on the north by the Corrall branch, all being in sec. 1, T. 15, R. 19. On the 9th day of December, 1896, I paid Alfred Smith $25 for about 2i acres of land in sec. 1, T" 15, R. 19, to straighten up my line. On Julv 10, 1897, I paid William Hendricks and wife for 200 acres or more of land located in sec. 6, T. 15, R. 20, and sec. 31, T. 16, R. 20, $500. On the 3d dav of December, 1896, I paid Walter Scott $40 for 24 acres in sec. 1, T. 15 R. 19. On'the 24th dav of Julv, 1897, I paid William P. Ross and M. W. Ross and E. G Ross $1,000 for 50 acres of land in sec. 6, T. 15, R. 20. and sec. 31, T. 16, R. 20; also 80 acres in sec. 29, T. 16, R. 20. On December 24, 1896, I paid E. C. Willey $10, and also cleared up and put in order a good road, for the right to change up my lines on the north, in sec. 1, T. 15, R. 19, and sec. 6, T. 15, R. 20. On November 30, 1896, I paid J. Thompson and E. C. Thompson $250 for 40 acres of land in sec. 1, T. 15, R. 19. On the 10th day of July, 1897, 1 paid William Hendricks and Eliza Hendricks $500 for 200 acres, more or less, formerly known as the Ross place, and located in sec. 6, T. 15, R. 20, and sec. 31, T. 16, R. 20. About March, 1897, I selected and improved land in sees. 25 and 36, T. 16, R. 19, consisting of about 340 acres. I also purchased at a later date from a party whose name I do not remember the SE. ] of sec. 36, T. 16. R. 19, and 80 acres in sec. 31, T. 16, R. 20. On October 31, 1899, I paid Harve and Lucv Bacon $200 for 160 acres of land, being the E. * of the SE. \ of sec. 26, and the E. J of the NE. \ of sec. 35, T. 25, R. 16. On Februarv 7, 1900, I bought from John Scruggs, guardian of Lincoln Scruggs, 240 acres of land, described as follows: SE. \ of sec. 21, and the S. \ of the NE. \ of sec. 21, and the S. h of the NW. \ of sec. 21, all in T. 24, R. 17, for which I paid $450. On the 20th day of October. 1899, I paid $600 to William Dale for 320 acres of land, being the N. h of sec. 18, T. 24, R. 17. On the 29th of August, 1899, I paid Lewis and Ella Bibles $1,250 for 750 acres, more or less, being the SW. } of sec. 14; the S. J of the NW. i of sec. 14; lots 1, 2, 156 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 6, 7, and S, in sec. 15; S. \ of the NE. !; the SE. 1; the NE. j of the SW. \, and the S. £ of the SW. i of sec. 15; lots 3 and 5 in sec Hi, all in T. 24, R. 16. On the 15th day of September, 1899, I paid C. A. Robison $750 for the W. i of the NW. \ of sec. 3, and the E. .', of sec. 4, both in T. 23, R. 17. On the 22d <>f June, 1899, I paid Henry C. Meigs and Mrs. F. J. Boudinot $500 for 560 acres of land, being the NW. | of sec. 18, T. 23, R. 15, and the NE. I of sec. 24, T. 23, R. 14, and the E. i of the SE. \ of sec. 13, T. 23, R. 14. On the 14th of August, 1899, I paid to D. of sec. 27, and the S. h of the NE. \ of sec. acres. On the 17th of August, 1899, 1 paid John Hildebrand $225 for 200 acres of land, being the NE. \ of sec. 35, and the NE. \ of the SE. \ of sec. 35, T. 24, R. 17. On the 21st of August, 1899, I paid H. H. Bird $225 for the SE. \ of sec. 32, T. 24, R. 17. On March 29, 1899, I paid John R. Mcintosh $1,250 for the NW. \ of sec. 32, and the N. i of the SW. \ of sec. 32, T. 24, R. 17. being 240 acres. W. and Ruth Rogers $350 for the SE. \ both in T. 24,' R. 17, containing 240 List of land of the Cherokee Nation set aside as the Delaware segregation, in accordance with section 23 of the Cherokee agreement (Public — No. 241), approved by the President Jut// 1, 1902, and ratified by the Cherokee Nation August 7, 1902. 1. Land shown to be selected and occupied by living registered Dela- wares 26,870.34 2. Land shown to be selected and occupied by deceased registered Delawares and now in possession of their descendants 3,203.68 3. Public domain 127,526.82 Total 157,600.84 Muscogee, Ixd. T., December SI, 1903. The following-described land of the Cherokee Nation is hereby segregated as the Delaware segregation of said nation, in accordance with section 23 of the Cherokee agreement (Public — No. 241) , approved by the President July 1, 1902, and ratified by the Cherokee Nation August 7, 1902; and this list is in substitution or amendment of any other list or lists which have heretofore been considered by the Commission in connection with said Delaware segregation. Land selected oral occupied by tiring registered Delawares. Card No. Reg- ister No. Name and description. Indian meridian. Acres. Total Sec. Tp. R. acres. 1 105 104 140 248 974 975 720 416 Adams, Horace M.: E. i of NW. i of SE. i NE. i of SE. J 14 14 14 14 23 6 I 1 1 14 14 14 13 13 13 7 7 7 7 7 24 24 24 24 24 15 15 15 15 15 24 24 24 27 27 27 26 26 26 26 26 16 16 16 16 16 20 19 19 19 19 16 16 16 13 13 13 17 17 17 17 17 20.00 40.00 40.00 20. 00 40. 00 SW. i of SE. 1 W. | of SE. \ of SE. ;. NW. i of NE. i Adams, Richard ('.: W. 16.85 of lot 5 160.00 2 16. 85 20. 00 10. 00 20. 00 20. 00 40.00 10.00 20. 00 E. 1 of SE. i of NE. i SW. a of SE. 1 of NE. i N.iof NE. 1 of SE. 1 E. i of NW. i of SE. i S. i of S. | of NW. J N W. i of NE. i Of SW. i N.iof NW.; of SW. i Ager, Mary: S. £of N.i of NE. J 156.85 3 40.00 80. 00 40.00 S. i of NE. *■ N. .'. of N. .', of SE. { Allen, Mary: NW. i of NW. 1 of SE. { 160.00 4 10.00 SO. 00 10.00 20. 00 10.00 S. i of NE. i NW. ; of NE. { W. i of NE. i of NE. i SE. i of NE. £ of NE. i 160.00 ALLOTMENT OF LANDS TO DELAWAEE INDIANS. 157 Land selected and occupied by living registered Delawares — Continued. No. Card No. Reg- ister No. Name and description. Indian meridian. Sec. Tp. R 171 470 277 S76 Anderson, Daniel: W.iof E. .'. of SE.i . W. i of SE. i E.iofE. i of SW.; . Anderson, Rachel: W.i of W.i ofNW.j E.iof NE. ; E. iof W.i of NK. ;. Armstrong, Albert P.: N.iof NW.iof SE. SW.{ of NE.i E.iof NW.* E. i of S\V. i of NW. 301 929 in 158 301 102 15 i::s Armstrong, Annie E. : SE. i of SE. i, less 3.00 for cemetery. N. i of NE. i of SE. i W.iof SE. i E. | of NE. i of SW. i Armstrong, Arthur: W.i of NK. ; of NK. j NW.J of NE.i N. i of SW. 1 of NE. J sw.; of sw.; of NE. NE. ; of NW.J N.j of se. ; of nw. ; SE. ; of SE. |of NW.; IDS 874 KM 602 49 977 135 Armstrong, Catherine A.: SE. iof SW.; sw.; <.f sw.; of sk. ; NW. ; of NW.;of NK. Armstrong, Henry: ne.;. Armstrong, Mary K.: NW. ; of SK.'iof NW. Lot 2 S.iof NE.i of NE.;.. SK. ;of NE.i NE.; of SE.i NK.; of SK. I of SE.i. Armstrong, Solomon F.: NE. 10.02 of lot 3 s.20of lot :; n.j of sk.; of nw.; . Arnold. Harrv: S.| of sw.; of sk. ; .. W.i of NE.i sk.; of nw.; E.i of NE.; of NW.;. Barber, Carrie: SE. i of NE. i of NW. S. i of NW.; n\V.; of sw.; w.A of nk. ; of sw.; nk. ; of NK. j of sw. Barker, Lizzie \Y.: N. iof sw.; SE.lOof lot 3 E. 20 of lot 4 w.iof sk.; of sw.; NE. i of SE. i of SW. ; s.iof ne.; of sw.;. 677 Bascomb, Marv: S.iof S.?, of SE.i E.iof NE.i NE. iof SW. iof NE.i E.iof NW.iof NE.i. NW. i Of NW. i of NE. 11 28 18 28 18 28 18 28 18 •js IS 28 5 25 s 25 8 25 8 25 8 2f) 40.00 80. 00 40.00 40.00 80. 00 40.00 20.00 40.00 SO. 00 20. 00 37. 00 20. 00 SO. 00 20. 00 20. 00 40.00 20. 00 10.00 40.00 20. 00 10.00 40.00 10.00 10.00 10.00 38. 52 20. 00 40.00 in. no 10.00 10.02 ■jo. on 20. 00 20.00 80.00 40.00 20. 00 10.00 80.00 40.00 20. 00 10.00 SO. 00 10.00 20. 00 20.00 10.00 20.00 40. 00 SO. 00 10.00 20. 00 10.00 100. 00 160. 00 158 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Land selected and occupied !>>/ living registered Delawares — Continued. No. Card No. Reg- ister No. Name and description. Indian meridian. Acres. Total Sec. T P . R. acres. 18 148 247 308 308 150 167 108 304 196 79 162 265 194 194 360 117 480 821 601 340 94 525 231 213 218 100 523 724 201 281 509 711 Beaver. Eliza: NE. \ of SE. i of S\V. J 4 4 4 9 9 9 9 9 11 1 2 18 18 18 11 12 13 14 8 8 8 8 23 23 26 26 26 31 31 14 32 32 32 10 23 23 26 3 3 3 3 3 3 3 10 13 24 24 28 28 28 28 28 28 28 28 28 26 26 25 25 25 25 25 25 25 28 28 28 28 25 25 25 25 25 28 28 25 26 26 26 25 24 24 24 27 27 27 27 27 27 27 27 28 28 28 14 14 14 14 14 14 14 14 13 15 15 13 13 13 13 13 13 13 13 13 13 13 16 16 16 16 16 13 13 12 13 13 13 13 14 14 14 13 13 13 13 13 13 13 13 12 12 12 10. 00 10.00 40.00 40.00 20.00 10.00 20. 00 10.00 S. i of S. i of SW. i NW. J of NW. i N. .', of SW. J ofNW. I... SE. i of SW. i of NW. i W. .'. of NE. J of NW. i NE. 1 of NE. ] of NW. i . . Beaver, Elizabeth: SW. ; 160.00 160. 00 19 40.00 SO. (Ml 20. 00 40.00 40.00 40.00 40.00 80.00 20. 00 20. 00 40.00 20 Bezion,Mary C: SW. J 160.00 21 Bezion, Stephen: SE. J 160. 00 22 Bigbeaver, Lens-sut-ta: W. .'. of E. i of SE. J W. J of SE. 1 E. i of SE. J of SW. i 23 Bixler, Amanda: SE. 1 of SE. i sw. \ of svv. ; 140. 00 NW. i of NW. i NE. » of NE.i 24 Black, Alexander: E. i of NE. | 160. 00 E. J of SW. i of NE. i E.J of NW.J of SE. J ... NE. J of SE. 1 Bratcher, Carrie: E. 1 of SE. 1 of SW. i 160. 00 25 20. 00 10.00 80. 00 40.00 10.00 SW. J of SE. J of SW. J E. | of nw. ; E. i of W. i of NW. i NW.J of NW.i of NW. J Britton, Mrs. Minnie: E. i of NW. ; 160. 00 26 80.00 83.32 80.00 20. 00 20. 00 40.00 Lots 1 and 2 (subject to deduction of 3. 32 27 Bronson, Julia: S. i of NE. ; 163. 32 W. i of NE. i of SE. a E. J of N W. i of SE. i sw. ; of SE. ; Brown. John: SE. a 160. 00 160. 00 28 40.00 40.00 80.00 29 Brown, Julia: sw. ; of se. ; se. i of sw. ; . . . E. i of NW. a Brown, Mary: SW. 10 of lot 3 160. 00 30 10.00 41. 05 40.00 20. 00 Lot 4 sw.; of nw.; W. a of SE. ; of NW. a Brown, William: W. a of NE. J of SW. J 111.05 31 20.00 40.00 80. 00 20. 00 nw. ; of sw. ; s. i of sw. ; N. J of NW. J of NW. a Buffalo. Lincoln: (Records of Commission do notshowany land selectedand occupied.) Buffalo, Thomas: S. a of S. J of SE. a 160. 00 32 33 40.00 SO. 00 40. 00 N. 1 of NE. ; N. ; of s. .'. of ne. ; . . 160.00 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 159 Land selected and occupied by liring registered Delawares — Continued. No. Card No. Reg- ister No. Name and description. Indian meridian. Acres. Total Sec. Tp. R. acres. 34 98 325 319 91 262 329 17 259 243 278 246 216 101 365 209 209 21 133 814 472 902 126 91 927 872 206 319 285 283 736 703 942 623 81 410 462 Buford, Jane: E. 1 of E. i of SE. J S. 20.50 of lot 2 13 18 18 18 18 36 36 36 18 18 20 20 21 21 27 34 16 16 16 25 36 36 32 13 13 24 7 8 5 4 34 16 21 20 16 32 19 19 20 20 1 1 12 12 2 2 2 26 26 26 26 26 20 20 20 29 29 22 22 22 22 20 20 24 29 29 25 25 25 25 27 27 27 25 25 25 25 27 26 26 26 24 23 26 26 26 26 28 28 28 28 27 27 27 12 13 13 13 13 12 12 12 16 16 14 14 14 14 13 13 13 15 15 16 16 16 21 16 16 16 16 16 16 16 16 14 14 14 21 13 13 13 13 13 13 13 13 13 12 12 12 40.00 20. 50 82. 12 10.00 10.00 NW.J of NE.J of SW.i SW. i of SE. i of NW.i (Subject to deduction of 2.64 acres.) Bullette. George: N. i of NE. i 162. 64 35 80.00 40.00 40.00 sw.i ni'XE.; NW. J of SE. J Bullette, John: NW. 13.41 of lot 4, less 3.31 M., K. & T. R. R. 160. 00 36 10. 10 20.00 8. 43 16.94 20.00 10.00 33. 84 40.00 S. i of SE. » of SW. J SE. i of NE. j of NE. }, less 1.57 K. 0. C. &S. E. i of SE. i of NE. \, less 3.06 K. 0. ( '. & S. W. '. of SW. J of NW. i SW. J of NW. J of NW. i SW. I of SW.J, less 6.16 St. L. & S. E. K. R. NW. | of NW. i (Subject to deduction of 0.31 acre. ) Caesar, Nancy: SW.i..... 160.31 160. 00 37 60.55 80. 00 38 Captain, Betsy: S.J of NE.J Campbell, Emma J.: NE. i of SE. i 140. 55 39 40.00 80. 00 40.00 N. i of NE. i N. .'. of s. | of NE. i Chandler, Rosa E.: SE. i 160.00 160. 00 40 40.00 40.00 80.00 11 Childers, Nancy M.: SW.J of SE. i SE. J of SW. | N. J of NW. i Conner, Benjamin: E. J of NE. i 160. 00 42 80. 00 80.00 W. J of NW. i Conner, George: E. J of SE. i 160. 00 80.00 13 40.00 40.00 80.00 44 Conner, John Q.: SW.i 160. 00 45 Connor, Susan: SE. i 160. 00 46 Curlevhead, Albert : SW. i of SW. I NW. i of NW. 1 E. i of NE. i Davis, Elizabeth: Day, James: SW. i 160. 00 10.00 160. 00 47 48 20. 00 40.00 80.00 20.00 49 Dav, Katie: S. i of NE. i of SE. i SE. i of SE. i S. J of SW. i S. J of NW. J of SW. i Drum, Ahpahmala: SE. i of SW. i 160. 00 50 40.00 20. 00 80.00 20. 00 S. i of SW. i of SW. i N. | of NW. 1 N.i of SE.i of NW.| Easy, Widow J.: S. 10.20 of lot 4 160. 00 51 10.20 20. 46 20. 00 W. i of NW. i of SE. i 50.66 160 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Land selected and occupied by living registered Delawares — Continued. No. 52 59 60 61 Card No. Reg-I ister No. 133 463 169 634 128 268 86 583 169 838 227 476 326 313 326 89 174 704 174 820 203 840 236 935 Name and description. Easy, William J.: SW. J of NE. | W. .'. of SE.J SW. i of SW. \ Elkhair, Charles: SE. i Elkhair, Eliza: W..', of SE. i E. i of SW. j Elkhair, Pahleenow: S. i of N. i of SE. J S. i of SE. i N. £ of N. i of NE. i Elkhair, Susan: SW.J less 10.71 K.O.C. & S. R. R. right of way Estes, Lorena T.: S. i of NE. i of SW. i SE. \ of NW. J of SW. I NE. i of SW. i of SW. i SE. i i if SW. i sw. ; ofSE.j N. h of NW. i of NE. i Everett. Calvin: W. | Of SW. i of NE. i S. i Of NW. i NW. | of NW. J W. i of NE. i of NW. ; Everett. Sarah: Lots 1 and 2 N. i of SW. J- of SE. a S. | of NW. i of SE. J NW. £ of NW. i of SE. J E. a of NE. a of SW. { NW. ; of NE. a of SW. a (subject to deduc- tion of 2.90 acres) Fall-leaf. Eliza: NE. | of SE. a of SW. a N. a of SW. a of SE. a N W. a of SE. a of SE. a E. i of NW. i of SE. I W. i of NE. i of SE. a NE. a of NE. J of SE. a Lot 1 N. 20.44 of lot 2 SE. 10 of lot 2 (subject to deduction of 0.90 acre) Fall-leaf, George: Lots 3 and 4 SW. 10 of lot 2 W. i of NW. i of SE. a NE. a of SW. a NE. J of NW. a of SW. J (subject to deduc- tion of 0. 86 acre) Fauts, Julius: E.i of NW.a !•:..'. of W.a of NW.a E.a of NW. 1 of SW.a W. a of NE. j Of SW. a Fields. Sarah: NW. : Of NW.Jof SW. j S.Aof NW.a of SW.a N. S i »f SW. ! i »f SW. a SW. a of SW. i of SW. a E. i of E. i of SE. a NW.a of NW.a W. .' i »f NE. \ of NW. J Indian meridian. Sec. Tp. R. Acres. 10. 00 80.00 40.00 SO. 00 80. 00 40.00 80. 00 40.00 20. 00 10.00 10. 00 40.00 40.00 20. 00 20.00 80.00 40.00 20. 00 82. 90 20. 00 20. 00 10.00 20.00 10.00 10. 00 20. 00 10.00 20.00 20. 00 10.00 40.46 20.44 10.00 80.86 10.00 20. 00 40.00 10.00 SO. 00 40.00 20. 00 20. 00 16 10.00 16 20. 00 10 20. 00 16 10.00 16 40.00 16 40.00 16 20. 00 160. 00 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 161 Land selected and occupied by living registered Delawares — Continued. Card No. Reg- ister No. Name and description. Indian meridian. Acres. Total Sec. Tp. R. acres. 64 85 146 143 116 60 32 30 31 100 114 107 41 29 320 106 376 378 868 446 944 947 943 948 541 669 29 344 899 511 260 Frenchman: NW. i of sw.j 1 1 2 ■> 13 13 14 14 14 22 22 22 22 22 34 34 2 2 3 3 3 7 4 4 5 3 3 4 4 8 8 34 34 15 15 22 22 22 22 23 23 23 2 9 9 9 9 27 27 27 27 27 28 28 28 28 28 2.S 28 28 28 28 28 28 23 23 23 23 23 25 25 25 25 24 24 24 24 24 24 26 26 \li 24 24 24 26 26 24 24 24 28 28 28 28 2.S 12 12 12 12 12 12 12 12 12 12 13 13 13 13 13 13 13 21 21 21 21 21 13 13 13 13 14 14 14 14 13 13 13 13 21 21 21 21 17 17 14 14 14 13 13 13 13 13 40.00 40.00 20. 00 10.00 40.76 10.00 20.00 80.00 10.00 40.00 80.00 40.00 20. 00 10.00 10.00 SW.J of NW. i E. i OI SE. J of NE. i NW. i of SE. i of NE. i Lot 1 65 Frenchman. Frank: NE. J- of NW.J of NW.| 150.76 W. i of NW. i of NW. i N.4 of NE. i NE. I of SW.i of NE. | SE.iof NE. 1 66 Gibson, .lames W.: N.i of NE. $ 160. 00 NE. i of NW.j E.iof NW. ; of NW.J NE. i Of SW. i Of NW. i NW. | of SE. | of NW. i Gordon, Sophia: W. i of SE. i 160. 00 67 80. 00 80.00 E. i of SW. i Haff, Cyrus P.: 160. 00 68 80.00 80.00 S. | of NW. * \ Haff, Hiram: NE. in acres of lot 5 160.00 ioToo 69 80.00 80.00 70 Haff, Mary: S. i of NE. J Haff, William (records of Commission do not show any land selected and occupied). Halfmoon, Fielding: S. | of SE. i 160. 00 71 72 80. 00 20. 00 40.00 20. 00 W. i of NE. lof SW. j... NW. J of SW. J E. h of NE. i of SE. {... Hall, Julia: N. 19.61 of lot 3 160. 00 73 19.61 19.47 19.26 9. 14 10.00 80. 00 N. 19.47 Of lot 4 N. 19.26 of lot 1 NE. 9.44 of lot 2 SE. i of NE. i of SE. i S. A of SE. i Hallock, John: W.| of NE.i 157. 78 71 80.00 80.00 E. i of NW. ; Hawkins, Hester A.: sw. ; of sk. ; 160. 00 75 40.00 40.00 40.00 40.00 SE. * of SW. * NW. i of NE. i NE. j of NW. | Hicks, Lucinda < ».: W.4 of sk. ; 160. 00 76 80.00 80.00 40.00 80. 00 40.00 E. A of SW. J- 77 Hundley, Margaret M.: SW. J of NW. | 160.00 N. A of SW. i NW. J of SE. i Jackson, Colonel: NW. i of NW. | of SW. | 160. 00 78 10.00 20. 00 80.00 40.00 10.00 S.iof NE. i Of NE. i W.iof NE. i SE. i of NE.i 160. 00 S. Doc. 104 11 162 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Land selected and occupied by living registered Delawares — Continued. No. Card No. Reg- ister No. Name and description. Indian meridian. Acres. Total Sec. i Tp. R. acres. 79 106 302 252 181 299 70 378 26 193 254 84 373 323 132 353 890 782 419 908 932 343 744 346 578 108 696 169 375 233 144 Jackson, Eliza: S\V. } of NE. } of SW. i 2 2 2 11 11 28 24 24 24 23 26 25 1 12 12 12 15 15 16 16 22 23 23 27 25 26 26 32 32 32 32 32 32 32 32 5 7 7 7 7 18 18 36 36 36 36 35 35 35 28 28 28 28 28 26 26 26 26 26 26 26 23 23 24 24 24 24 24 24 26 26 26 26 27 27 27 23 23 23 23 23 23 23 23 22 28 28 28 28 28 28 28 28 28 28 28 28 28 28 13 13 13 13 13 16 16 16 16 16 16 16 21 21 16 16 21 21 21 21 16 16 16 16 13 13 13 16 16 16 16 16 16 16 16 16 13 13 13 13 13 13 13 12 12 12 12 12 12 12 10.00 20. 00 80.00 10.00 10.00 S. i of NW.} of SW. i s..', of SW.} N. .', of N. .'. of NW.} SW. { of NW. } of NW.} .. James, Lizzie: (Records of Commissi on donot show any land selected and occupied.) Journevcake, Isaac N.: N. i of N. i 160. 00 160 00 ;so 81 20. 00 10.00 40.00 40.00 10.00 40.00 82 S3 Ke ke she pa ke now: (Records of Commis- sion do not show any land selected and occu- pied ) . Ketchum, Abraham W.: W. i of NW. } of SW. } SE. } of NW. } of SW. } SW.} of SW. | E. J of E. i of SE. } SE.} of NE. } of NE.} NW. } of NW. } Ketchum, Elizabeth: S. i of SW. } 160. 00 84 80. 00 80.00 N.i of NW. } Ketchum, John R.: W.} of NE. } .' 160. 00 85 80.00 80.00 E.i of NW} Ketchum, Thomas E.: S. i of SW. } of NW. } 160. 00 86 20.00 80.00 40. 00 10.00 80.00 40.00 20.00 20. 00 W. i of SW. } E. i of E. i of SE. } SE. } of SE. } of NE. } 87 88 Ketchum, Watson. (Records of the Commis- sion do not show any lands selected and occupied.) Keys, Mary J.: E. } of SE. } 150. 00 SW. } of SW. }, W. 1 of SE. } of SW. } N. § of NE. } of NE. } Kinney, John: S W. } of NW. } 160. 00 89 40.00 80.00 40.00 10.00 20. 00 10.00 10. 00 20.00 10.00 20. 00 40. 00 19.96 S. i of NE. } NW. } of NE. } 90 91 Kinney, John V. (Records of Commission do not show any land selected and occupied.) Lane, Lucinda E. : SW. } of NW. } of NW. } 160. 00 W. £ of SW. } Of NW. } SE. } of SW. } of NW. } SW.} of SE. } of NW.} W. } of NE. } of SW. } SE. } of NE.} of SW.} N. i of NW. } of SW. } SE.}of SW.} N. 19. 96 of lot 3 Lee, Mary: W. i of NW. } of SE. } 159.96 92 20. 00 40.00 20.00 20. 00 20.00 20.00 20.00 NE. } of SW. } W. i of SE. } of SW. } E. 20 of lot 3 E. 20 of lot 4 E. 20 of lot 1 W.}of NE. } of NW. } .. Lenow, Foster A.: SW. } of NE. } of SW. } 160. 00 93 10.00 20. 00 20.00 10.00 40. 00 40. 00 20. 00 S. | of NW.} of SW.} N.i of SW.} of SW.} NW.} of SE. } of SW.} SE. ' of NE.} N. i of SE. } of SE. } 160. 00 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 163 Land selected and occupied by hiring registered Delawares — Continued. No. 94 LOO Card No. 338 274 51 Reg- ister No. Name and description. 706 928 515 965 101 4 102 24 103 57 104 17 105 96 106 96 107 120 108 5 Mill 964 963 Indian meridian. Sec. Tp Lewis, Lucy D.: NW.i of SW.i ... N.iof N\V. i N. i of S. i of NW. Love, Mary J.: S. 40 of lot 1 S. 40 of lot 2 . N.iof SE.* Love, Simon: E.iof NE. i E.iof SW.fof NE. E.iof NW. i of SE. NE'.iof SE.i Lowrance, Adeline L. SE. i Lucas, Frank: SE.iof SE.i E.iof NE.i E.iof W.i Of NE. Lucas, Mary: S.iof SW.] N.iof NW. Lumbard, Sarah E.: S.iof SW.iof NE.i. S.iof SE.iof NW.i. NE.iof SW.J NW.i of SE.i NE.£of SW.i of SE. Lundav, Edward E.: W.'iof SE.i S. i of NE. i of SW. i SE. i of SW. k N. 27.77 of lot 4 (Subject to deduction of 7.77 acres.) 109 1 55 941 Lunday, Robert J.: S.| ofSE.i of NW.i. N.iof SW.iof SW.Jof SW± W.i of SE.iSW.i ... Lynch, Alice J.: NW.| McCamish, Sarah A.: Lots 1, 2, 3, and 4 ... W.A of SE.iof SW. i McEwin, Susan.: SE. i ofSE.i of NE.;. N.iof SE. | SW.iof SE. i W. i of SE. | Of SE. i . . NE. i of SE. i of SE. i McEwin, William: SE.| of NE. |.. NE. i ofSE.i.. sw.iof SE. ;.. SE.iof sw. ;.. Mali \\a taise (records of Commission do not show any land selected and occupied.) .Marker, .lane: SW. ; ( .f s\V. ! -of NE. i E.iof NW.| NW.i f sw.i N. i of SW. i of N W. i SE. { of SW.iof NW.I Marker. John I).: W.| ofSW.i of SE. S. i of SW. | E. i of SE. i of SE. J NE. iof NE.i 35 Total acres. 40.00 80.00 40.00 40.00 40.00 80. 00 80. 00 20. 00 20. 00 40.00 40.00 80.00 40.00 80.00 80.00 20.00 20. 00 40.00 40.00 10.00 80.00 20. 00 40.00 27.77 20. 00 80. 00 40.00 20. 00 132. 84 20. 00 10.00 80.00 40.00 20. 00 10.00 40.00 40.00 40. 00 40.00 10.00 80. 00 40.00 20. 00 10.00 20.00 80.00 20.00 40. 00 164 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Land selected and occupied by living registered Delaware* — Continued. No. Card No. Reg- Lster No. Name and description. Indian meridian. Acres. Total Sec. Tp. R. acres. 110 370 231 291 164 272 220 344 295 20 125 188 204 339 195 401 626 381 898 505 506 90 871 406 921 60 257 715 Marshall, John: E. \ of NE.£of NW. \ 25 25 18 27 27 27 27 11 6 6 6 6 7 7 25 25 25 24 24 14 14 23 23 23 8 17 17 1 12 12 16 16 16 16 17 17 18 18 19 20 29 29 29 29 29 10 16 21 10 10 10 9 9 25 25 25 25 25 25 25 25 26 26 26 26 26 26 29 29 29 29 29 25 25 25 25 25 26 26 26 26 26 26 27 27 27 27 26 26 26 26 26 26 28 28 28 28 28 24 24 24 28 28 28 28 28 13 13 16 16 16 16 16 13 16 16 16 i<; 16 16 16 16 16 16 16 16 16 16 16 16 23 23 23 12 12 12 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 17 17 17 13 13 13 13 13 20.00 10.00 NW. ; of NE. ; of NW.J Miller, Andrew: SE. i 30.00 160.00 111 .SO. 00 20.00 10.00 20.00 20. 00 20.00 10. 00 20.00 20. 00 40.00 112 Miller,Jesse: N. a of SW. | E. | of SW.J of SW. ; SE. 1 of SW. J W. A of SW. J of SE. i 113 Miller. Silas: SW. i 160. 00 160. 00 114 Miller, Stephen A. : E. 20 of lot E. 20 of lot 7 SE.iol'SW.i S. A. of NE. 1 of SW. ; E. 20 of lot 1 NE. | of NW. i Nairn, Mary: N.iof NE. ; 160. 00 115 80.00 10. 00 10.00 20. 00 10.00 sw. j of NE.1 NE. } of NE. i of NW. | S. i of se. ; of SW.i NE. 1 of SE. ; of sw.;.. Newcomb, Thomas: S. i of SE. ; of SE. I 160. 00 116 20. 00 10.00 80. 00 40.00 10.00 SE. ; of SW. i of SE. i N.iof NE.J N. | of S. A of NE. J NE. i of SE. i of NW. £ Nicholas, William W.: (Records of Commis- sion do not show any land selected and occupied.) Nidiffer, Mary R. : N. i of NW. ; 160. 00 117 118 80.00 40.00 40.00 NW. i of SE. i N. A oi'N.i of SW. ; Overlees, Carrie V.: E. A of S W. J of SW. ; 160. 00 119 20.00 20. 00 10. 00 40.00 20. 00 40. 00 10.00 10.00 40. 00 20. 00 40. 00 20. 00 20.00 E. A of NW. i of NW. i se.; of sw. ; of NW. ; W.A Of W. A of sw. ;... S. A. of sw. ; of ne. ; NW. ; of si-;. ; nw. ; of sw. ; of se. ;. . . 120 Paradee, Annie: sw. ; of nw.; of sw. ; 160. 00 sw.; of sw.; S. A of NE. ; of SE. ; .. SE. | of SE. | E. A of NE.J of NE.; w. ■ of nw. ; of nw. ; Parker, Jobe B.: sw. ; of se. ; 150. 00 121 80.00 40.00 20.00 10. 00 10.00 40.00 80.00 40. 00 E. A Of NW. j of se. ; . . . SW.; of nw. ; of se.; .. se. ; oi'se. ; of sw.; 122 Parker, Mary: S. i of N. £ of SE. 1 160. 00 s. | of SE. ; NE. 1 of NE. ; Parks. John: w. a of sw. ; of se. ; 123 10.00 20. 00 40.00 40.00 36.96 e. a of se. ; of sw.; n e. ; i if sw. ; s w. | of se. ; SE. ; of of SW. ;, less 3.04 K. 0. C. <& S. R. R. 156. 96 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 165 Land selected and occupied by living registered Delawares— Continued. No. 124 125 Reg- ister No. Name and description. 395 40 S3 128 129 269 130 230 131 255 132 256 133 351 134 207 135 136 126 307 850 952 320 296 556 138 139 llll 310 310 Pascal, John: I Recordsof Commission do not show any land selected and occupied.) 8 NE.i'of NE.i less 4.41 K.O.C.& S.R.R. right of way NW.; of NW.i Of SE.i E. i of W. i of SE. J SE.iof SE.iof S. i of NE. i of SE. i NW. i of NE. i of SE. i Peacock, Lizzie: S.iof SW.iof S\V. I .. S^ of SE. J of SE.i .... SE.iof SW.J of SE.i . NE. 1 of NE.i of NE. i of SE. i of NE. i . W.iof SW.iof NW. J NW.i of NW.i of .SMC, 33S Peterson, Eliza; SE. i of NE. i of E. i of SW. i of NE. i . . . SW.i of SW.i of NE.i. NW.i of SE.iof N.i of s\v. ; of SE.i ... W.i of NE. i of SE. i... NE.iof NE.iofSE.i-. Indian meridian. Sec. Tp. R. Pom mah pun aqua: (Records of Commission do not show any land selected and occu- pied, i . . Qua tuck a che: (Records of Commission do not show any land selected and occupied.) Randall, Frank H. (Records of Commission do not show any land selected and occupied. ) Randall,. James T.: SW.i :--.--- Roberts, Luella C. (Records of Commission do not show any land selected and occupied.) Sareoxle, Jefferson D.: SE.i Sarcoxie, John: SE.iof SW.i N W. i of SE. i S. i of SE. i Sarcoxie, Mary D.: SE.{ Secondine. Filmore: S. i of NW.i N.i of N.i of SW. SE. lof NE.i.... Secondine. John: W. i of SW. i of SE. SE. i of SW. i S. i of NE. i of SW. ; W.| of SW.i Secondine, Ruth: N.i of NW.i Of. S.iof NE.i of.. Secondine, Simon: S. 20 acres of lot 1 . . . S.20 acres of lot 2 ... N.i of SW.i of NE.i SE. i of SW. i of NE. | SE. | Of NE.i f NE.; of SE.i f NE. i of NW. i Of SE. Shailer, William H.: W.| of NW.i of SE.i E. i of NE. i of SW. i E. i of NW. i Of SE.J Of SW.i f less 2.70 M.K.&O.R.R. right of way - 26 35. 59 10.00 40. 00 40.00 20. 00 10.00 20. 00 20. 00 10.00 40.00 10. 00 20. 00 40.00 Total Acres. 40.00 20. 00 10.00 40.00 20. 00 20. 00 10.00 40.00 40.00 80.00 80.00 40.00 40. 00 20. 00 40. 00 20.00 80. 00 80.00 80.00 20. 00 20. 00 20.00 10.00 40.00 40.00 10.00 20.00 20. 00 80.00 37.30 155. 59 160. 00 160. 00 160. 00 160. 00 160. 00 160.00 160. 00 157. 30 166 ALLOTMENT <>E LANDS TO DELAWARE INDIANS. Land selected and occupied by living registered Delawares — Continued. No. Card No. Reg- ister No. Name ami description. Indian meridian. Acres. Total See. T P : R. acres. 141 345 294 260 4s 261 182 263 271 263 271 157 131 90 90 87 349 580 879 203 946 205 882 796 460 545 517 360 235 476 982 627 (175 shaw. James: NE. J of 3(5 4 1 36 36 8 19 19 6 6 6 6 6 28 19 19 19 24 21 36 36 36 36 11 27 27 27 27 11 14 15 15 15 15 15 15 16 16 36 6 6 6 6 6 6 ti 13 24 24 28 26 26 27 27 25 24 24 23 23 23 23 23 23 21 21 21 21 21 27 27 27 27 26 26 26 26 26 26 26 27 27 27 27 27 27 27 27 27 25 25 25 25 25 25 25 26 26 26 13 16 16 15 15 15 22 22 16 16 16 16 16 15 13 13 13 12 12 15 15 15 15 15 15 15 15 15 15 15 13 13 13 13 13 13 13 13 16 15 15 . 15 15 15 15 15 12 12 12 80.00 20. 00 40.00 20.00 160.00 142 Smith. George F.: N.£of SW. J of E. .'. of SE. ; of SW. j sw. : of sw. : <>f \v. J of SE. ', of SW.i smith. SallieO.: sw. ; of Smith, Sarah: N. .'. of SE. \ of 160. 00 160. 00 143 14! 80.00 62.90 Smith, William C: W. £ of NW. i of NW. i of SE. i 142.90 145 5.00 10.00 80. 00 20.00 39. 69 5.00 20.00 10.00 79.81 40.00 10.00 SW.i of NW.i of SE.i E. .'. of sw.| E. 20 acres of lot 6 SE. j of NW. i of NE. i, less 5 occupied by 146 Spybuck, Mary: w . I of RE. : of NW.i 159. 69 SW. -J of NE.i of NW.i... SE. i of NE. i NE.i of SW.i of NE.i Stout. Eliza: NW. \ of SE. i of 159. 81 147 40.00 20.00 80.00 20. 00 S. i of NE. i of SE. i S4 of SE.i of E. .'. of SE.| of SW.i Stout. John R.: NW.| of 160. 00 160. 00 148 20.00 SO. 00 20. 00 40. 00 80.00 80. 00 149 Stout, John W.: S. i of SW. i of NW. { x. \ of sw. ; of E. .'. of SW. j of SW.i SE. | of SW. { of 150 Stout, Susie: E. 1 ofsw. ;- of 160. 00 N. \ of NW. : of Swannock, Jonas: w..i of se. ; of NW.; 160. 00 i51 20.00 20.00 10.00 10.00 40.00 10.00 10.00 40.00 E. i of SW. i of NW. i sw. ; of sw. ; of NW.i NW. i of NE. i of SW. 4 NW. i of SW. -1 of I NW. i of SW. i of SW. | SW.I of SE. 1 of SE.i !■:.'. of E. A of SE.i Swanock, Martha. (Records of Commission do not show any land selected and occupied.) Tanner, Charles V.: SW. j of Tanner, Ida F.: W4 of SW.} of NE.i 160. 00 160. 00 152 153 154 20.00 20. 00 10.00 20.00 40.00 40.00 10.00 SE. L0 acres of lot 4 E.20 acres of lot 5 SE.i f x\v. ; ,,f NE. ; of SW. \ of Thursday, Mary: SE. :'of SW, ! less 3.14 K. 0. C. & S. R. R. 160. 00 155 36.86 38. 21 77.17 NW. : of NE. ; less 1.79 K. 0. C. & S. R. K. E. 1 of NW. j less 2.83 K. 0. C. & S. R. R. Washington, Cyrus. ( Records of Commission do not show any land selected and occupied.) 152. 24 156 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Land selected and occupied by living registered Delaware^— Continued. 167 No. Card No. 53 Reg- ister No. Name and description. His Cher. 4278 158 159 100 161 L62 163 165 156 93 His 160 169 170 171 118 Washington, Edson: E. i of NW.J of . Lots 1 and 2 193 Washington, George: S.iof NW.; of SE. : s.i of SE.J of N. .' of NW.J- of NE. XE.iofNE.i of.... Washington, James: - : of SE. ;of n\v. ;.. NE. ; of SW.J of W.A of NW.J of SE. :. 951 165 920 Washington, Mary: Lois : : ; nml i E. A of SE. | of (Suhject to deduction of 0.84 acre.) Washington, Mrs. Thomas: sw. : of SE. j <>f SE.; of SE. } of SW.*... NE.i of NW.J of NE. 1 of SE. 1 of NW.].. NW.| of NE.i of NW.;- of NE.iof NE.i. Washington William s. | of NE. ; Of N.iof SE.iof Weaver, Marv: SE. 1 Of SE. j of SW. j W.: 1 . of NW. 1 of NE. SE. | Of SW.| of NE. ; of ne. ; of NE. i of SE. i of NE. sw.; oi nw.; of.... Webber, Hannah: ne.; of Wheeler, Robert: se.; of ne. ; ofsE. ; N.| of N.iof se.;... S.I of sk. : of NE. ; . NW. : of se. ; of ne. sw. : of NE.;of Lot 2 White, Mary: NE. i of SE. I of . N. i of sw. ; of . . se.": of sw. ; of Indian meridian. Sec. Tp. i R. 773 '.17s White, Mary: NW.; less 4.17 K.O.C. & S. R. R. right of way of. White. William: (Records of Commission do not show any land selected and occupied.) Whiteturkev, Albert; ne.; of se. ; of se. ; SE. i Of NE. ; of SE. I S.| of N.| of SW.i S.i of SW.i f N.iof NE. ; of nw.; Whitet ^rkev, Dutch: S.i of N. A of SK. ;... s.i of se.; of S.i of SE.i of sw. j NE. ; ofsE. : of SW. SE.J of NE. ; of SW. Whiteturkev. Josephine: w.i otsE.; of S.i of SW.i of sw. ; . N.| of nw.; of nw.; N. '-. of N.| of ne. ; .. 7 26 7 26 s 26 8 26 17 26 18 27 18 27 18 27 is 27 18 27 Acres. 80.00 75. 52 20.00 80 00 20. 00 40.00 20.00 40. 00 20. 00 Ml. Sl 80. 00 12 40.00 12 10.00 12 40.00 12 10.00 12 40.00 12 10. 00 12 80. 00 12 80.00 19 10. 00 19 20.00 20 40.00 20 40.00 211 10.00 20 40. 00 13 14 10.00 14 40. 00 14 20.00 II 10.00 14 40.00 14 39. 77 17 40. 00 17 80.00 17 40.00 13 13 10.00 13 10.00 13 40.00 13 80.00 13 20.00 13 40.00 13 80.00 13 20.00 13 10. 00 13 10.00 13 80.00 13 20.00 13 20. 00 13 40.00 160. 00 168 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Land selected and occupied by living registered Delawares — Continued. No. Card No. Reg- ister No. Name and description. Indian meridian. Sec. Tp. K. 172 118 79 173 174 175 176 177 178 179 192 185 305 77 si' 75 642 Whiteturkey, Robert: S.iof N.-S of SE.} S.| of SE. | of -!..; Of SW.} less 11.11 M. K. & <>. R. R. right of way Whiteturkey, Samuel: NW.} of NE.} niSW.i W. i of NW. i of SE.} of NE.iof S. i of NE. } of NE. J NW. } of NE. i of NE.} Whiteturkey, Widow. (Records of Commission do not show any land selected and occupied.) Will ev, John R.: SE. £ of SE. i of SE. } SW.} of s\v. ; of SW.J S. i of NE. } of SE. } NW.; of SE.} of S. i of SE. i of Williams, Samuel: SE.} of SW.j of E.| of SW.} of.. SW.iof SW. | of 55 268 732 Williams. Mrs. Samuel: NE.iof SW.J of NW.} E. I of NW. } of NW. } NE. £ of NW. } W. | of NW. } of NE. } W. J of SE. | less 10.41 K. O. C. 25 25 25 25 25 25 25 25 25 25 25 25 25 26 26 26 26 26 26 26 27 •jr. 26 26 26 12 12 12 12 12 12 13 17 17 16 16 16 16 16 16 16 16 16 16 16 16 16 16 36 16 17 17 17 17 17 17 17 17 17 17 12 16 16 16 16 10.00 20. 00 20. 00 68.38 20. 00 10.00 E. A Of SE. A Of SW.i S. | of S\V. A of SE. A N. J of NE. J, less 7.52 K. O. C. & S. and 4.10 M. K.cfc O.R.R. riglit of way E.iof NE.f of NW. J NW. i of NE. i of NW. i Kat pick see: NE. 1 148.38 160 00 15 40.00 10.00 40.00 10.00 20. 00 20.00 20. 00 16 Worrell, Matilda: NE. i of NE.; NE. i of NW. i of NE. i N W. i Of SW. i SW.J of N'E.i of SW.i E. i of SW. i of SW. 1 W. i of SE. A. of SW. A. N. A of NE. A. of NWA. Wilson, Mrs.: N. A of SW. i ( if SE. i 160. 00 17 20. 00 20. 00 40.00 10.00 ■jo. mi 20.00 \V. A of NW. J hi SE.i NE.ii ,f sWi W. i of W.Aof NW. i... W. | of NE. i of SE. i E. i of N W. i of SE. i Worrell, William: W. i of SE. i of SW. | 160.00 18 20.00 jn.no 40.00 40.00 20. 00 s. i of s\v. i of sw. i E. A of W. 4 of NW. | NE, | of NW. i W. i of SE. i of NW. i Carey, Cora L. : \V. A of W. 4 of SE. i 140. 00 19 40.00 80. 00 39.66 17.00 38. 50 40.00 10.00 20. 00 20. 00 10.00 E. i of SW. i Lot 4 20 Armstrong, Charles EL: E. 20 acres of lot 4, less 3 acres reserved for cem- 159. 66 Lot 1 NE. i of NW. i N E. i of SE. i of NW. i S. A of SE.I of NW. -] N. '. i if NE. | of SW. | N E. i of NW. I of SW. | Swannock, John: W. 1 nf SW. i of N W. i 155. 50 20. 00 21 39. 91 39.99 20. 00 40. 00 22 Wright, Ben F.: Lot 1 Lot 2 N.£ of SW.i of NE. i SE.I of NE. i Total 139. 90 3, 203. 68 Public Duma in. TOWNSHIP 14 NORTH, RANGE 21 EAST, INDIAN MERIDIAN. Section 1: Acres. S. * of NW. } and lots 3 and 4 159. 34 s. \ 320. 00 479. 34 Section 2: Mof NE. 1 and lots 1 and 2 158.85 Section 3: S.iof NE.| and lots land 2.. 157.72 172 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Section 4: Acres. S.£of NW. | and Lots 3 and 4 156.52 Section 5: S. \ , A NE. 1 and lots 1 and 2 156. 89 S. I of NW. 1 and lots 3 and 4 157.63 314.52 Section 6: S I-:. 1 i )f NW. | and lots 3, 4, and 5 157. 78 Section 7: E. \ of SW. \ and lots 3 and 4 156. 83 s i-;. i 160. oo 316.83 Section 9: S.£ 320.00 Section 10: N W. 1 160. 00 S.| 320.00 480. 00 Section 11: NE. I 160. 00 Section 12: W. i 320.00 Section 13: N. * 320. 00 SW.] 160.00 4S0. 00 Section 14: SE.^ 160.00 Section 15: NE. J 320. 00 Section 16: NW.i 160.00 Section 18: E. i of NW. I and lots 1 and 2 157. 06 SE. \ 160. 00 317. 06 Section 19: E. i 320. 00 Section 21: Si:. > 160. 00 Section 22: NE. | 160. 00 SW. \ ■_ 160. 00 320.00 Section 23 640. 00 Section 24: NW. J 160.00 8. } 320. 00 480.00 Section 25 640. 00 Section 26: N W. J 160. 00 S. J 320. 00 480. 00 Section 27 640. 00 Section 28: NE. ) 160.00 S. * 320.00 480. 00 Section 29: W. \ 320. 00 Section 30: Y.J, 320.00 Section 31: NE. \ 160.00 E. J of the NW. I and lots 1 and 2 157. 98 E. h of SW. S and lots 3 and 4 158. 74 47b. 72 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 173 Acres. Section 32 640. 00 Section 33: N. i 320. 00 SW. i 160. 00 480. 00 Section 34 640. 00 Section 35 640. 00 Section 36: NE. i 160. 00 S. i 320. 00 480.00 TOWNSHIP 14 NORTH, RANGE 22 EAST, INDIAN MERIDIAN. Section 1: S. i of NE. I and lots 1 and 2 160. 41 S. iof NW. Jand lots 3 and 4 161.23 BE. 1 160. 00 481. 64 Section 2: S. * of NE. I and lots 1 and 2 161. 13 SE. } 160. 00 321.13 Section 3: S. h of NW. \ and lots 3 and 4 159. 30 Section 4: S. * of NE. \ and lots 1 and 2 159. 50 S. * of NW. I and lots 3 and 4 160. 10 SW., J 160.00 479. 60 Section 5: S. \ of NE. \ and lots 1 and 2 160. 24 S. * 320.00 480. 24 Section 6: S. \ of NE. \ and lots 1 and 2 159. 87 SE. J. 160.00 E. \ of SW. \ and lots 6 and 7 155. 70 475. 57 Section 7: E. \ 320.00 Section 8 640. 00 Section 10: NE. \ 160. 00 Section 11: N. \ 320.00 SE. I :. 160.00 480. 00 Section 12: NW. i 160. 00 SE. i 160. 00 320. 00 Section 13 640. 00 Section 14 640. 00 Section 15: SE. \ 160.00 Section 16: NW. i 160.00 SE. J 1 60. 00 320. 00 Section 17: E. i 320. 00 Section 18: SE. i 160. 00 E. * of SW. \ and lots 3 and 4 156. 72 316. 72 Section 19 633. 84 174 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Section 20: A,r, ~ X. .'. 320.00 Section 21 : NE. 1 1 60. 00 Section 22: NE + 160. 00 Si 320.00 480. 00 Section 23 640. 00 Se« t ion 24 640. 00 Section 26: N:4 320.00 SW I 160. 00 480. 00 Section 27 640.00 Section 28: E. * 320.00 Section"29: S h 320.00 Section 30 636.28 Section 31 638. 77 Section 32: NE.i 160.00 S.A 320.00 480.00 Section 33 640.00 Section 35 640. 00 Section 36: S. 1 320.00 TOWNSHIP 15 NORTH, RANGE 22 EAST, INDIAN MERIDIAN. Section 1 : S. £ of NE. \ and lots 1 and 2 159. 88 S. \ of NW. J and lots 3 and 4 159. 64 319. 52 Section 3: SW. \ 160. 00 Section 4: S. \ of NW. i and lots 3 and 4 160. 20 Section 5: SE. \ 160. 00 Section 6: E. i of SW. \ and lots 6 and 7 150.74 Section 7 623. 32 Section 9: E.i 320.00 Section 10: W.J 320.00 Section 13: S. \ 320. 00 Section 14: SE.i 160.00 Section 15: NW. \ 160. 00 Section 16 640. 00 Section 17: S W. \ 160. 00 Section 18: SE. \ 160. 00 Section 19 624. 92 Section 20: SW 1 160.00 E.J 320.00 480. 00 Section 21 640. 00 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 175 Section 23: Aero. W . i 320. 00 NE. i 160.00 480. 00 Section 24: NE. \ 160.00 Section 25: SE. \ .. 160. 00 Section 26: n w: i : 160. oo Section 27: SE. £ 160. 00 W.J... 320.00 480. 00 Section 28: E. 4 320.00 Section 29: NE.4- 160.00 W . 4 320. 00 480.00 Section 30 625. 76 Section 31: SE. | 160. 00 Section 32: SE. i 160. 00 Section 33 640. 00 Section 34: W. 4 320. 00 Section 35: SW. J 1 60. 00 EA 320. 00 480.00 Section 36 640. 00 TOWNSHIP 13 NORTH, RANGE 23 EAST. INDIAN MERIDIAN. Section 1 : S.iof NE. J and lots 1 and 2 160. 28 8E.1 160.00 320. 28 Section 2: 8.1 of NW.i. and lots 3 and 4 161.78 S W . \ 160. 00 321. 78 Section 3: S. I of NE. \ and lots 1 and 2 162. 01 SE"i 160.00 322. 01 Section 4 643. 72 Section 5 643. 04 Section 6 635. 42 Section 7: E. i of N W. i and lots 1 and 2 158. 39 NE".J 160.00 318.39 Section 8: NW.i ■- 160.00 SE. I 160. 00 320. 00 Section 9 640. 00 Section 10: \XA 320. 00 NE. | 1 60. 00 480. 00 Section 11 640. 00 Section 12: N.J 320.00 SE. i 160. 00 480. 00 176 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Section L6: Acres. NE. | 160. 00 SW. | 160. 00 320.00 Section 17 640. 00 Seel ion 18 641. 60 Sect inn 19: E. \ 320. 00 Section 20 640. 00 Section 21: W. \ 320. 00 Sect ion 28 640. 00 Section 29: E.h 320. 00 NW. i 160. 00 4S0. 00 Section 30: NE. } 160. 00 Section 31: E. A of SW. } and lots 3 and 4 160. 03 Section 32: E. \ 320.00 Section 33: SW. } 160. 00 Section 35: SE. \ , less 7.22 acres, Kansas City and Southwestern Railroad right of way. 152. 36 Section 36: W. A 320. 00 NE."} 160. 00 480. 00 TOWNSHIP 14 NORTH, RANGE 23 EAST, INDIAN MERIDIAN. Section 1 641. 00 Section 2 642. 84 Section 3: S. h of NE. \- and lots 1 and 2 161. 67 S. * of NW. } and lots 3 and 4 161. 33 SE. \ 160. 00 483. 00 Section 4 641. 88 Section 5 640. 88 Section 6: SE.}... 160.00 E. I of SW. } and lots 6 and 7 158. 13 SE. I of NW. } and lots 3, 4, and 5 157. 63 ■ — 475. 76 Section 7: NE. \ 160.00 Section 8 640. 00 Section 9 640. 00 Section 10: E. * 320. 00 SW. \ 160. 00 480.00 Secti< m 11 640. 00 Section 12: E. A 320. 00 NW.J 160. 00 480. 00 Section 13 640. 00 Section 14: E. I 320. 00 Section 16: W.J 320. 00 Section 17 640. 00 Section 18 637. 16 Section 19 637. 00 ALLOTMENT OF LANDS TO DELAWAKE INDIANS. 177 Acres. Section 20 640. 00 Section 21 640. 00 Section 22: S. .1 320. 00 X W. \ 160. 00 480. 00 Section 23: E. i 320. 00 SW. £ 160. 00 480. 00 Section 24 640. 00 Section 25 640. 00 Section 26 640. 00 Section 27 640. 00 Section 28 640. 00 Section 29 640. 00 Section 30 634. 20 Section 31 632. 56 Section 32 1 640. 00 Section 33 640. 00 Section 34 640. 00 Section 35: N. i 320. 00 Section 36: N W. £ 160. 00 TOWNSHIP 15 NORTH, RANGE ?3 EAST. INDIAN MERIDIAN. Section 1 637. 44 Section 2: S. i 320. 00 Section 3: S. J of NE. | and lots 1 and 2 157. 46 SE. \ 160. 00 317.46 Section 4 637. 16 Section 5: S. h of NE. | and lots 1 and 2 158. 38 SE. i 160. 00 318. 38 Section 6: SE. \ of NW. 1 and lots 3, 4, and 5 154. 54 E. h of SW. | and lots 6 and 7 155. 87 310.41 Section 7: E. I of NW. \ and lots 1 and 2 156. 64 E. I of SW. \ and lots 3 and 4 157. 28 313. 92 Section 8: E. h 320. 00 Section 9: W. h .... 320. 00 SE. \ 160. 00 480.00 Section 10: N W. \ 160. 00 E. k 320. 00 480. 00 Section 11 , 640. 00 Section 12: W. } ." 320. 00 NE. 1 160. 00 — ■ 480.00 Section 13: NE. \ 160. 00 W. \ 320.00 480. 00 S. Doc. 104 12 178 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Acres. Section 14 640. 00 .Section L5: E. \ 320. 00 Section 16: X W . | ] 60. 00 Section 17: E. \ 320. 00 SW. \ 160.00 480. 00 Section 18: E. * 320. 00 E. \ of NW. \ and lots 1 and 2 157. 60 477. 60 Section 19: NE. \ 1 60. 00 E. \ of NW. \ and lots 1 and 2 157. 30 317.30 Section 20: NW. \ 160.00 E. 4 320. 00 480.00 Section 21 : NW. \ 160. 00 E. * 320. 00 480. 00 Section 22 640. 00 Section 23: S. \ 320.00 Section 24: W. \ 320.00 Section 25: S. .'. 320. 00 Section 26 640. 00 Seetion 27: NW. \ 160. 00 Section 28: SW. \ 160.00 Section 29: N. \ 320. 00 SW. \ 160.00 480. 00 Section 30: NE. i 1 60. 00 E. \ of SW. \ and lots 3 and 4 157. 06 317. 06 Section 31: E. i of W. I and lots 1, 2, 3, and 4 314. 60 Section 32 640. 00 Section 33 640. 00 Section 34: SW. \ 160. 00 Section 35 640. 00 Section 36 640. 00 TOWNSHIP 16 NORTH. RANGE 23 EAST, INDIAN MERIDIAN. Section 1 : 693.20 Section 2 687. 40 Section 3: S. I of N E. ', and lots 1 and 2 184. 1 I SE" \ 160. 00 344. 11 Section 10 640. 00 Sectic »n 11: S W. I 160. 00 E. * 320. 00 480. 00 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 179 Acres. Section 12 640. 00 Section 13: NE. J 160. 00 W. k 320. 00 480.00 Section 14: E. A 320. 00 SW. \ 160. 00 480.00 Section 15 640. 00 Section 16 640. 00 Section 17: E. i 320. 00 NW. | 160. 00 480. 00 Section 21: W. J 320. 00 NE. \ 160. 00 480. 00 Section 22: NW. i 1 60. 00 E. h 320. 00 ■ 480. 00 Section 27: N W. 1 ! 160. 00 Section 29 640. 00 Section 30: NE. \ 160. 00 Section 31 : E. h of SW. | and 1< »ts 3 and 4 154. 53 BE. 1 160. 00 314. 53 Section 32: W. A 320. 00 S E. I 160. 00 480. 00 Section 33: S. * 320.00 Section 36: S. \ 320. 00 TOWNSHIP is NORTH, RANGE 23 EAST, INDIAN MERIDIAN. Section 4: SW. \ 160. 00 Section 7: E.J 320.00 Section 8: E. i 320. 00 SW. i 160. 00 480. 00 Section 9: S. * 320. 00 NW. i 160. 00 480. 00 Section 10: X E. i 160. 00 SW. \ 160. 00 320.00 Section 11 : S E. I 160. 00 NW. | 160. 00 320. 00 S. iction 12 640. 00 Section 13: N. I 320. 00 Section 14 640. 00 180 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Section L5: *•<««■ S. \ 320. 00 Section 16: N W . j I HO. 00 Section 1 i : SE. 1 160. 00 NW. \ 160.00 320.00 Section IS: NE. J 1 60. 00 Section L9: E. \ 320. 1 10 E. ( of SW. | and Lots 3 and 4 184.42 4S4.42 Section 20: SE. \ 1 60. 00 Sectit »n 22 040. 00 Section 26: NE. \ 160. 00 SW. i 160. 00 320.00 Section 30 650. 96 Section 35: SE. 1 160. 00 NW. | 160. 00 320. 00 TOWNSHIP 19 NORTH, RANGE 23 EAST, INDIAN MERIDIAN. Section 1 : S. I 320. 00 S. I of NE. I and lots 1 and 2 159. 96 479. 96 Section 2: S. \ 320.00 S. h of X W. S and lots 3 and 4 159. 52 479. 52 Section 4: SW. j 160. 00 Section 5: SE. i 160. 00 Section 7: E. i 320. 00 E. I of SW. \ and lots 3 and 4 158. 65 478. 65 Section 8 640. 00 Section 9: S. i 320. 00 NWi 160. 00 480. 00 Section 10: SE. i 160. 00 Section 1 1 : SW. \ 160. 00 N W. \ 160. 00 — 320. 00 Section 12: E. \ 320. 00 NW. S 160. 00 480. 00 Section 13: E. \ 320. 00 Section 14: S.\ 320. 00 NW.] 1 60. 00 480.00 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 181 Section 16: Acres. N. I 320. 00 SW. \ 160. 00 480.00 Section 17 640. 00 Section 18 638. 00 TOWNSHIP 13 NORTH, RANGE 24 EAST, INDIAN MERIDIAN. Section 1: S. § of NE. J of, and lots 1 and 2 159. si) S. i of NW. I of, and lots 3 and 4 159. 40 319. 20 Section 2 640. 40 Secti< »n 3 642. S4 Section 4: S. \ 320. 00 Section 5: S. \ of NE. \ and lots 1 and 2, less 11.33 acre.* Kansas City and Southwestern Railroad right of way ¥ 150. 36 S. \, less 8.67 acres Kansas City and Southwestern Railroad right of way . 311. 33 461.69 Section 6 639. 59 Section 7, less 15.02 acres Kansas City and Southwestern Railroad right of way 623. 86 Section 8: E. i 320. 00 SW. i 160. 00 480. 00 Section 9 640. 00 Section 10 640. 00 Section 11: S. * 320. 00 N W . i 160. 00 4SI). 00 Section 12: E. \ 320. 00 S W . \ 1 60. 00 480. 00 Section 13: E. I 320. 00 Section 14: W. h 320.00 Section 15: N. i 320. 00 SW. \ 1 60. 00 ■ 480. 00 Section 16 640. 00 Section 17 640. 00 Section 18: NE. j, less 6.04 acres Kansas City and Southwestern Railroad right of way 153. 96 TOWNSHIP 14 NORTH, RANGE 24 EAST, INDIAN MERIDIAN. Section 1: S. \ of NE. \ and lots 1 and 2 160. 04 SE. \ 160. 00 S. h of NW. \ and lots 3 and 4 161. 20 481.60 Section 2: SW. \ 160. 00 Section 3: SE. \ 160. 00 Section 4: S. \ of N. \ and lots 1, 2, 3, and 4 322. 32 182 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Section 5: Acres. S. .1 «.!' NW. I and lots 3 and 4 161.11 Sect ion (5 637. 95 Sectii m 7 638. 4i I Section 8: W. }, 320.00 SE. ; 160.00 480. 00 Section 9: S\V. I 160.00 Section 10: SW. ) 160. 00 Section 1 1 : N. i 820. 00 SW. \ 160. 00 480. 00 Section 12: N. J 320. 00 Section 13: W. 1 320. 00 Section 14 640. 00 Section 15: S. i 320. 00 Section 17: N. I 320. 00 SW. J 160. o< ) 4SI). 00 Section 19 640. OS Section 20: S. \ 320. 00 NW. | 160. 00 480. 00 Section 21 : S W. 1 160. 00 Section 22: N. i 320. 00 Section 23: N . I 320. 00 Section 24: E. I 320. 00 N W. \ 160. 00 480. 00 Section 25: W. i 320. 00 Section 26: E. * 320. 00 SW. \ 160. 00 4S0. 00 Section 28: W. \ 320. 00 S E. ! 160. 00 480. 00 Sectii m 29 640. 00 Section 32: N. \ 320. 00 Section 35: S. i 320. oo N W. ', 160. 00 480. 00 TOWNSHIP 11 NORTH, RANGE 26 EAST, INDIAN MERIDIAN. Section 1: SE. • of NE.J 40.00 E. 20 acres lot 1 20. 00 60. 00 TOWNSHIP 11 NORTH. RANGE 27 EAST, INDIAN MERIDIAN. Section 6: S. 4.92 acres lot 1 4. 92 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 183 RECAPITULATION. Acres. 1. Land shown to be selected and occupied by living registered Delawares. 26, 870. 34 2. Land shown to be selected and occupied by deceased registered Dela- wares and now in possession of their descendants 3, 203. 68 3. Public domain 127,526.82 Total 157, 600. 84 The Commission to the Five Civilized Tribes. Tams Bixby, Chairman, T. R. Needles, C. R. Breckinridge, Commissioners. Exhibit A. Land in Adams and Logan list which has been claimed by Cherokee citizens oilier than Delawares, as shown by attempts to file thereon. (Where land has been claimed by more than one Cherokee only the original claim is shown on this list.) Name. Indian meridian. Acres. Total Sec. Tp. R. acres. 1 Cher. 17 Cher. 7033 Cher. 9585 Cher. 5432 Cher. 5458 Cher. 5458 Cher. .i458 Milton K.Thompson: N.i of NW.i 22 22 22 22 22 22 22 21 22 32 32 32 21 21 20 20 20 25 25 25 20 20 IS 22 17 is 16 18 22 22 22 22 22 22 22 22 22 24 24 24 24 21 24 24 24 26 26 26 23 23 25 22 25 25 25 25 22 22 22 22 22 22 22 22 22 17 17 17 17 17 17 17 17 12 12 12 19 19 13 22 13 13 13 13 80. 00 20.00 10.00 40. 00 80.00 160. 00 80.00 N. h of SW. i of NW. i SE. i of SW. i of NW. i SE.i of NW.| S. i of NE. i 2 Robert D. Blackstone: sw.i 230. 00 W. h of SE. i Sterling Colston: E. h 240. 00 3 320. 00 10.00 SW. \ of SW. J of NW. i Jane Bvrd: E. A of NE. J of NW. 1 330. 00 1 20. 00 20.00 20. 00 E. i of NW. 1 of NW. i W. A of NE. i of NW. i Goldie J. Waller: S. i of SW. i of NW 7 . i 60. 00 5 20.00 10.00 NW.I of SW.i of NW. { William T. 11. Waller: S. .' of SE. 1 Of NW. ; 30.00 6 20. 00 10. 00 SE. i of SW. i of NW. i George W.Waller: sw.; of sw. i of nw. : 30.00 10.00 7 10.00 23. 00 10.00 20. 00 40.00 10.00 8 CD. 584 Andrew C. Atkins: SW, J of NW. 1 of NE.i W. | of SW.i of NE. i SW. i of NW. i of SE. -} 9 Cher. 346 Benjamin F. Bryant: E. i of SE. i of NE. i 40.00 20. 00 in Cher. 316 Leona Bryant: W. | of SE. i of NE. i 20. 00 11 Cher. 4235 12 Cher. 7012 13 Cher. 4294 Isaac H. .Ionian: SW. 10.09 acres, lot 4 Pleasant N. Blackstone: E.iof SE. i Robert T. Morrison, jr.: SE. i of SE. i 10.09 SO. 00 SE. J of NE. i of SE. i Ellen C. Morrison: W. i of NW. i 50.00 SO. 00 14 Cher. 4294 80.00 L5 Cher. 1294 ('land A. Morrison: NE. 1 of NE. i of SE. a 10.00 184 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Land in Adams and Logan list which has been elaimed by. Cherokee citizens other than Delawares, as shown by attempts to file tin rum — Continued. Card No. Name. Indian meridian. Acres. Total No. See. Tp. R. acres. 16 17 C. F. 1013 C.F.1013 C. F. 1013 C. F. 1013 C. F.4230 ( :her. 5424 Cher. 5424 Cher. 5473 Cher. 4278 CD. 746 Cher. 6878 Cher. 6878 C.R.19 C.R.279 C.R.4327 C.R.3349 Cher. 2916 F. D. 923 F. D. 923 F.D.923 F.D.923 Cher. 3356 Cher. 6307 Cher. 4206 Cher. 1236 Cher. 4241 Cher. 4621 Cher. 4188 Cher. 4188 Tessie Bradford: S. i of NE. i, less 6.16, M., K. ifc O. R. R. right of way. Jennetta Bradford: W. i of SE. i 20 20 20 20 13 9 9 32 32 13 19 19 19 19 30 30 14 14 6 25 29 29 2 2 28 28 5 9 9 9 9 9 25 32 32 30 9 9 3 3 3 29 29 29 26 26 26 24 24 25 21 21 21 21 21 21 28 28 27 24 25 25 21 21 20 20 24 25 25 25 25 25 27 26 26 27 25 25 28 28 28 15 15 15 '15 12 15 15 17 17 12 13 13 13 13 13 13 19 19 13 21 19 19 12 12 13 13 19 13 13 13 13 13 12 13 13 13 13 13 19 19 19 40.00 10.00 73.84 SO. 00 18 Malissa Bradford: N. i of NE.J 80.00 19 Deatrus Bradford: E. i of SE. i so. oo 20 Harold D. Lannom: sw. ;ofNW.; 40.00 21 Ruth E. Rogers: SW. i of SE. » 40. 00 22 Maud E. Rogers: SE. i of SE. i 40.00 23 Henry H.Bvrd: N\V. i oi" SW. i SW. i of SW. | of NW. i Lucy Daniels: SW. JofNVV.i 50. 00 40.00 24 40.00 10.00 20.00 10.00 40. 00 20. 00 25 Amos W. Lord: NW.iof SE. i SW. i of NE. i of SE. J S.iof SW. ; of NE.J SE. i of SE. i of NW. I 26 Samuel S. Foreman: SE. i of NW. ; SO. 00 40.00 27 Minnie (). Foreman: S. 19. 91 of lot 2 19.91 28 Alice Tidwell: E. i of NW. i 80.00 29 Robert G. Tidwell: W. i of NW. i 80.00 30 Allen H. Gibson: SE. 1 of SW. 1 40.00 31 Charles D. Hawkins: XE.jot'NE.i 40. 00 32 William C. Hampton: N. i of N. J of SW. 1 N.i of NW.i of SE. i Flora Smith: N. i of SE. i 60. 0C SO. OC 33 40.00 20. 00 10.00 40.00 10.00 SO. 00 10.(1(1 40.00 10.00 34 35 36 David Smith: Gladys Smith: SE. i of SW.,; less 2.48 S.T. L. & S. F. R. R. right of way. Neely Smith: NE. 1 of SW. 1 80. 0C 37. 52 40. 0C 37 Martha M.Smith: N. i of NE. i of SE. ; 20. 0C 38 William P. Ross: SE. J of SW ! S. JofNE ' of SW j N \v. ; i if ne ; i >f sw. i NW. J of SE. J NE. ; of NE. ' of SW. ] 39 40 Josie M. Carr: .lames L. McCoy: N. JofNW - 120. OC 80. 0C NW ' of SW ' of N'W. ; 41 Annie E.Johnson: \\ .'. of SK. ' 90. 0C 80. OC 42 Edward G. floss : sw J of sw ; William Humphrey: E J of SW ' of SE. J 43 40.00 20. 00 Sarah Humphrey: 44 SO. 0( ALLOTMENT OF LANDS TO DELAWARE INDIANS. 185 Land in Adams and Logan list which has been claimed by Cherokee citizens other them Delawares, as shotvn by attempts to file thereon — Continued. No. Card No. Name. Indian meridian. Acres. Total See. Tp. R. acres. 45 46 Cher. 871 Cher. 4244 Cher. 4244 Cher. 4291 Cher. 4291 Cher. 5499 Cher. 4582 Cher. 4582 Cher. 60S5 Cher. 6085 Cher. 3679 Cher. 19 Cher. 19 Cher. 19 Cher. 3296 Cher. 4255 Cher. .1467 Cher. 5467 Cher. 5467 Cher. 5494 Cher. 10209.... Cher. 10327.... Cher, 10327.... Watt Cochran: NE. 1 of SW.A, less 1.86 acres M. K.&O. R. R. right of way. Charles Parks : X.J of SE. i 21 14 24 25 30 30 30 30 30 30 30 21 21 32 32 32 20 21 15 22 28 21 28 28 28 1 1 19 19 12 12 12 12 27 36 9 27 27 33 28 27 25 26 26 26 26 26 26 26 26 ■ie, 25 25 25 25 25 25 25 24 24 22 22 22 22 22 24 24 26 26 24 24 24 21 24 27 23 29 29 29 29 13 12 12 12 13 13 13 13 13 13 13 17 17 19 19 19 17 17 21 21 19 19 19 19 19 18 18 13 13 18 18 18 18 17 12 19 13 13 13 13 20. 00 10.00 38.14 80 00 47 Martha 8. Parks : W.i of SW. ' of SE. 1 NW.i of NW.£of NE. i Anna Thornton : SE. 10 acres of lot 2 30.00 48 10.00 33. 92 20. 00 10.00 Lot 3, less 7.26 acres K. O. C. & S. R. R. right of way. W. i of NE. 1 of SW. i SW. ; of SE. { of NW.i William L. Thornton : W. A of SW.iof SE. 1 73.92 49 20.00 40.00 36.91 SE.J of SW.; Lot 4. less 4.28 K. < ». C. & S. R. R. right of way. Catherine Henry : N. i of SE. | of NW. i 96.91 50 20. 00 10. 00 s\V.] ofSE.J of NW.i Lerov Hnrd: W.A of NE.i 30.00 80.00 51 20. 00 20.00 52 James F. Hurd : N.i of NW. { of SE.; N. i of NE. $ of SW. i Harris R. Gourd: S. i of NE. ; of SE.; 40.00 20. 00 53 20. 00 20. 00 40.00 10.00 20. 00 40.00 54 Carlos C. R. Gourd: s.|ofN\v.; of SW.; 20.00 55 John I. Hawkins: S. £ of NE.i of SE.i NE. | of NE. 1 of 56 Samuel B. Severs: SW. i of SE. £ of NW. i 60.00 10. 00 57 Emma Severs: SE. i of SW. i of 40.00 58 Charles J. Severs: NW. i of SE. i of NW. i E.i of SE. ; of NW.I NE.; ,,f NW.; f John Harvey: N. 4 of SE. i of NE. i 70.00 59 20. 00 45. 53 Lot 1 Belle Keys: Lot 4 65. 53 41.13 60 10. 00 40.00 61 Pearl Keys: Lot 3 41.12 62 Walter Connicle; NW.I f XE. i of NE.i NW.£ Of NE.| of Thomas ('. Connicle: SW. 1 of NE. ; of N E. i. less 0.94 St. L. & S.F.R.R. right of way. Lincoln R.Cormicli : E.i of NE.i of NE.i, less 3.75 st.L.A S. F. R. R. right of way. Sallie Taylor: S. i Of SE. i of 50. 00 9.06 16. 25 80. 00 63 64 65 40. 00 20. 00 80. 00 10.00 66 William Keeler: SE. i of N W. £ of 40. 00 67 Homer Billingslea: E. | of NW. i of 80.00 68 Philetus L. A. Reed: SE. i of SW. i of W. i Of NE. i of SW. i 69 Ala M.Reed: E.i of NE.I of 60. 00 90.00 186 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Landin Adams and Logan list which has been claimed by Cherokee citizens other than Delawares, as shown by attempts to file tin rum — Continued. No. Card No. Cher. 10327. Cher. 10327. Cher. 10327. Cher. 4072.. Name. Cher. 4072. Cher. 4072... Cher. 4072. Cher. 4072. Cher. 1003. Cher. 1003. Cher. 3468. Cher. 4708.. Cher. 4274.. Cher. 5015.. Cher. 10174. Cher. 4221.. Cher. 4221. Cher. 4221. Cher. 705 . Cher. 5476. Cher. 4500. Cher. 4500. Cher. 3291. Cher. 4355. Cher. 4189. Alice L.V. Reed: \\.i of N\Y. i of Linna I. Reed: E.i of SE.j of Nancy A. Reed: W.i of SW.j of J< H-l Suagee: s. i of sw. : of xk. j NW.j <>f SE. J of NE.jof SE.j of NW.J of Dovie Suagee: NW.j of SW.| of. NE.jof SE.j of . Indian meridian. Sec. Tp. R. Evaline Suagee: s. ; of SE. | of NW.J. NE. ; of sw. : of.... Floyd Suagee: SE. j of SE. j of NE. j S.* of SW.j of NW.j NW. j of SE. j of NW. NE.j of SW. j of NW. David Suagee: SW.| of SE. J of NE. j N.J of S.£ of NE.j.... NE. I of SE.j of NW.j Barney Davis: N.£of NE.jof NE.j.. Mary Davis: E. 20 acres of lot 4 . . . SW. 6.82 acres of lot 4 SE.j of SE. jof Thomas Fox: Lots 6 and 7 less 0.61 St. L. & S. F. R. R. right of way. George W. Eaton: W. j of SE.j of NE.j Jennie O. Morton: NW. j of SE. j of NW. j Eva J. Brown: N.i. of NE.jof NE. j Of SE. j of NE. j Joseph Ann Hall: NE.jof NW.j of Mary Scullawl: S. 20.03 acres of lot 2. Lot 3 William Scullawl: N. 20.02 acres of lot 2 .. SE.j of NW.j of NW. jof NE.jof SW.j Richard Scullawl: NE. 1 of NE.j of SW.j. SW.| of NE.jof SW.j. Jesse Reese: x.; of sw. ; of Joseph Nelson Robinson: NE. ; of NE.j of Valentine W. Needham: SW.; of NE.j of Lot 2 Allie A. Needham: NE. j of SE. j of Flora B. Thompson: NW. ; of NW. ; less 1.29 M. K. & T. R. K. right of way. William A.Carr: N. | of SEj of William I. Brewer: s. ; of nw.; of :;i 29 28 29 27 29 Acres. 31 31 32 26 26 26 32 31 26 26 32 32 26 26 31 32 32 32 26 26 26 26 31 31 31 26 26 26 25 27 19 19 24 27 27 27 6 24 1 26 1 26 29 29 29 29 36 27 18 18 25 25 18 18 18 25 25 25 18 18 25 25 4 24 34 25 4 4 27 27 4 27 36 21 25 27 26 28 20.110 40.00 10.00 40.00 40.00 20. 00 40.00 10.00 20. 00 10.00 10. 00 10.00 40.00 10. 00 20. 00 6. 82 40.00 80. 00 10. 00 20. 03 40.11 20. 02 40. 00 10.00 10.00 10.00 40. 00 40. 96 Total acres. mi. on 80.00 80.00 70.00 60. 00 50.00 60.00 20. 00 66.82 79.63 20. 00 10.00 90.00 40.00 70.02 20. 00 80.00 40.00 80.96 40. 00 38. 71 80.00 80.00 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 187 Land in Adam* and Lor/an list which has been claimed by Cherokee citizens other than Delawares, as shown by attempts to file thereon — Continued. No. 95 96 97 98 99 100 101 102 103 104 105 106 107 < lard No. Cher. 8257.. Cher.8257.. Cher. 8257.. Cher. 10174. Cher. 5595.. Cher.3813.. Cher. 3190.. Cher. 3182. Cher. 4491. Cher. 3425. Cher. 4187. Cher.8588. Cher. 8588. ins Cher.8588.... 109 111 112 113 114 Cher.8588 Cher.8588. Abraham Locust: W.i of NE.Jof Ross Locust: N.iof SE.iof Luke Locust: E.iof NE.i of Mae Evelyn Hall: SE.iof S\Y. .1 of Susan Swan: XW.; of SWJof NE. James M. Trout: SW.7.97 acres of lot William L. Harlin: NW.| of NW.iof-.. w. | link.; of N\V. SE.i of NE.i of NW, William G.Williams: W.i (if SW. I of SW. | Albert V. McGhee: SE.iof NW.iof.... Edna J. Trout: £. i of XW. | of Jessie Brewer: N.iof SW.i Johnson Waters: S.iof NW.| of XE. Sarah Waters: SW. ; of NE.i Tom Waters: SW. I of SE. i- SE.iof SW.i Indian meridian. Sec. Tp Cher. 6668.. Cher. 1536.. Cher.5432.. C.F.D.692. 115 Cher. 692.. 116 Cher. 4607. 117 C.F.D.692. lis Cher. 4321.. 119 Cher. 1271. Nellie Waters: NE.i of NW.i NE.i Of SE.iof XW. sw.; of sw. ; SE.i of NE.i of sw. Lvdia Waters: s.iof xw. ; of se. ;. SE.i of SE.i X.iof XW. ; of NE. Tom Wolfe: XW. | of NE.i Bear Scullawl: S. h of SW. i Daisv D.Byrd: SE.| of NW. i E. .'. "f SW. i of NW. Frances Martin: NW. j of SE. sw.; of se. ; Fred Martin: S.iof SW.| Julia Gilstrap: N \V. ; of X W. i . less 3.51 acres M. K. & O. R. R. right of way of. Eliza Martin: N. i of SW. i of Andrew H. Norwood: NW. ; of SW.i of N. iofSW. ; of NW. i,less0.67M. K.. K. R. right of way. SW. | of SW. | of NW. J 120 Cher. 4785. 121 Cher. 4332. Fred Keeler: S.| of xi':.; of xw; x.a of SE.i of xw.; XE. 10 acres of lot 2. Maud E.Coker: SE.I of SE.i f. ... Losson Winkler: SE. ; of NE.i Of SE. 27 27 27 'J 7 24 24 25 25 25 28 28 Total acres. 25 19 28 211 24 20 28 19 27 12 27 12 40. 00 20. 00 10.00 40.00 411. 00 12 40. 00 12 10.00 12 40.00 12 10.00 20.00 40.00 20. 00 40. 00 20. 00 40. 00 40. oo 40. 00 19.33 10.00 20. 00 20. 00 10.00 80. 00 80.00 80.00 40. 00 10. 00 7.97 70.00 20.00 40. 00 80.00 80.00 20. 00 40.00 80.00 80.00 40.00 80.00 60.00 80. 00 80.00 30. 49 80.00 69.33 50. 00 40.00 10.00 188 ALLOTMENT <>K LANDS TO DELAWARE INDIANS. Land in Adams and Logan list which has been claimed by Cherokee citizens other Hum Delawares, as slum,, by attempts to file thereon — Continued. No. Card NO. 122 Cher. 4334. 123 Cher.4334. 124 Cher. 715.. 125 Cher. 715.. 126 Cher.3335. 127 Cher. 2540. 128 ! Cher.2288. 129 , Cher. 7019. 1H0 Cher. 3505. . Cher. 3505. 132 Cher. 4331.. 133 cher. 4331.. 134 Cher. 3741.. 13.". c. F.S3G.... C. F.836. Cher.8S3. Chei.883. 139 Cher. 4258. 140 Cher. 2994... 141 Cher. 2994. 142 C. F. D. 239 . . Name. Annie B. Winkler: W.i of NE. : ol NW.J of N\v. ; of SE.J Mary Violet Winkler: NE. ; of NE.i, of W.i of SE.J of XE.; .. Nancy Sam: N.| of NE. |of Levi Sam: S.iof NE.J of snsan Shaw: NE.J of NW.J of N.iof SE.J of NW.|... SE. J of SE.J of NW.J . Lillie Clark: E.iof NW.J of John Hilderhrand: S.iof SE.iof SE.J .... NE.iof XE.i of E.iof NW.J of XE.i.. Katie Hilderhrand: W..'. of NW.J of NE. I . W.i of SW.iof NE.J .. XE.I Of SW.J of XE.|. Winnie M.Scott: W.i of SW.J of SE.J... SE.iof SW.iof Velnia I). Scott: S.-i of SW.iof SW.i... NE. i of S W.i of SW.J. Colonel Griggs: Lot 2 of.. Frank Griggs: Lot 1 of Abbie Hawkins: NW.i of sE.iof NE.i of SW.iof Frances Patterson: sw.; of NE.J of sw.;. NE. j of SE.J of sw.; . W.I of SE.J of SW.J... York A. Patterson; N. i of NE. i of SW. J .. SE.iof XE.; of SW.J . .lames Cochran: NW.J of sw.; X.. 1 . of NE.J of SE. i... se. ; of NE.; f se. ;.. Sallie Cochran: NW.J of SE.J SW.J of NE.iof SE.J.. W. J of SE. ; of SE. J . . . Nora E. Sarcoxie: E.J, of sw.; of NW.i.. SE.J of NW.J N.iof NE.J of SW.J... Alex. Proctor: NE.J of SE.J x. a of si-;. ; of se. t.... SW.J of SE.J of SE.J.. Thomas Proctor: X..'. of XE.; of XE.;... SE. ;- of SE.J of SE.J... Osa Martin: S.iofSE.J Iiidii n meridian. Acres. Sec. Tp. R. 80.00 9 28 11 9 28 28 11 U 10.00 9 iii. 00 9 28 24 14 13 20.00 22 22 24 13 10 28 13 40.00 10 28 13 20. 00 10 28 25 13 17 10.00 33 13 27 12 20. 00 24 27 12 40. 00 21 27 12 20. 00 24 27 12 211.00 24 27 12 20.00 24 27 24 12 21 10.00 22 20.00 22 24 21 40.00 22 24 21 20.00 22 24 21 10.00 4 28 13 4 28 13 15 24 21 40.00 15 24 28 21 13 40.00 3 10.00 3 28 13 10. 00 3 28 28 13 13 20. 00 3 20.00 3 28 28 13 13 10.00 4 40.00 5 28 13 20. 00 28 28 13 13 10.00 5 40. 00 5 28 13 10.00 5 28 25 13 13 20. 00 10 20.00 10 25 13 40. 00 10 25 13 20.011 17 23 19 40.00 17 23 19 20. 00 17 23 23 19 19 10.00 20 20. 00 17 23 25 19 13 10.00 22 Total acres. '.Hi.no 60.00 SO. 00 80. 00 70. 00 80. 00 so. mi 50.00 00. 00 30.00 39.02 39. 17 80. 00 30.00 70.00 70.00 80. 00 70.00 30.00 SO. 00 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 189 Land in Adams and Logan list which has been claimed by Cherokee citizens other than Delawares, as shown bg attempts to file thereon — Continued. Card No. Cher. 5407.. Cher. 3512.. Cher. 5602.. Cher. 5602.. Cher. 5422.. Cher. 5422.. Cher. 2523.. Cher. 2523.. Cher. 2523.. Cher. 2523.. Cher. 3058.. C.F.D.887. Cher. 4081. Cher. 6272 Name. William H. H.Scudder, jr.: Lot 4 Gretchen J. Merrell: NE. ; of N'K. J of NW. |. less 2.11 M.K. & T. R. R. right of way (only 0.27 acres included in segregation). Susie McKnight: SW. ; of SE.± George L. McKnight: s\v.; of n\v.; of si-:.; James E. Milam: E.ioi'SK.; of SW.| William G. Milam: xw. ; of SE.4 of sw.; Maud Beck: sw.; of xi-:.; of sw.; N.| of SE.} ofsw.; x.. 1 , ofsw.; oi SE.} si-:.; ofsw. ; of SE.} Vivia Beck; XW. 8.92 acres lot :; Lot 4 Lucian Beck: NE.8.92 acres lot :'. .. Macv Beck: S. 20 acres lot 3 x.;. of xi-:.; ofsw. ; si-:.; of ne. ; of sw. ; Newton Trout: S. | of SE. j of NW.}... Jesse Martin: SE. } of NW. } of NE.;. S.*of NE.} Cher. 6272 . . . Cher. 3415 . . . Cher. 3243 . . . Cher. 3243 . . . 101 Cher. 4265... Penn Phillips: Lots 1 and 2 Callie Getup SE. ; of xw.; sk. ; of NW. ; ofsw.;. E.£of sw.; ofsw.; .. William Clark, jr.: E. i of SW. j Bettie Woodall: w. 4 <>f NK.; of sk. ; .. xw.; of sk. ; of sk. ; . Malinda Secondine: NE. ; of NK. 4 nw.; ofsw.; ofsw.; sw.; of sw. ; of sw.;. sk.; of SE.; .Cher. D.435. ■Cher. D.435. Cher. 4005 .. (Cher. F.722. Qhejr.F.722. Indian meridian. Sec. Tp. Harrison Secondine: W..'. of NW.; sk. ; ofsw.; ofsw.; . Mary Sears, nee Bennett: xw.; of sk.; of xw.; N.i of xw.; of xe. ;.. SW. ! of xw.; of NE.} Thomas M. Patterson: E. 20 acres lot 2 Virgil V. Patterson: W.16.78 acres lot 2 Austaphine C. Kinnison: SW.9.30 acres lot 2 Jennie Buford: X.i of XE.; of XE.; Johnson Buford: S.{ ot'XK.; of NE.;. less D.06 M K.&T. R.R. right of way. S. i of SW. } of NE. } NE. } of S W. i of NE. i 30 10.00 20. 00 20. 00 10.00 s. 92 37. 50 20.00 20.00 10. 00 io. oo 80.00 40.00 10. 00 20. 00 20.00 10.00 40. 00 10. 00 10.00 40. 00 80. 00 10.00 10.00 20. 00 10.00 7 24 16 7 24 16 7 28 20 28 25 20 28 25 20 28 28 25 25 20 20 19.94 20.00 10. 00 190 allotment of lands to Delaware Indians. Land in Adams and Logan list which has been claimed by Cherokee citizens other than Delawares, as shoivn by attempts to file thereon — Continued. Card No. Cher. F.722 .. Cher. 477 Cher. F.D. 664. Cher. F. D. 664. Cher. F.D. 064 Cher. .=.932.... Cher. 5932.... Cher. 6932.... Cher. 5932.... Cher. 7412 Cher. 13 Cher. 1252.... Cher. 739."i.... Cher.809S.... Cher. 8098 Cher. 630 Cher. 630 Cher. 555 Cher. 3123.... Ch. F.D. 705 . Ch. F. D. 705 . Cher. 5958.... Cher.449S.... Cher. 5142.... Cher. 4607 Cher. 46(i7.... Cher. 6798 Cher. 6798 Name. Walter Buford: N\v. ; of NE.J, NW.J of SW.J of NE; Benjamin I (.Treuman: E.J of SE.J , Margaret Landrnm- E.J of SE. | of SE.J Barbara Landrum: SW. 10. 00 of lot 3 E. 19. 44 of lot 3, less 3.7s K.O.C.& S. R. R. right of way. Nelson Landrum: NW.9.44 of lot 3 Menerva Jones: s. l of SW.J of SE.J NE.J of SW.J of SE.J NW.J Of NE.i Beulah M. Lyman: E. | of NW.J Savola R. Lvman: VV. iofXW.J Ethel G. Jones NE. i of N:E. J Ruth T.Brady: NW. J of NW. J of NE. J Francis B. Fite: N.J of NE.i of NE.J Cleo B.Statham: S. i of S. i of NE. J, less 0.18 acres K. 0. C. & S. R. R. right of way. Elizabeth Yann: NE. i of SW. J, less 4.59 acres K. O. C. & S. it. R. right of way. Sam Shell: NE.i of SW.J E. .'. of SE. J of SW. i N. i of NE. i of NW. J Charlie Shell: W. i of SE. J of S W. J Sunday White: S. i of NE. J of NW. J N. 1 of SE. J of NW.J s\v. ; of SE.J of NW.J George White: SE. ; of SE.J of NW.J William L. Cowart: N.i of s.i of NW.J George W. Poplin: E. i of X E. ; c if S W. J ( only 10 acres in- cluded in the segregation). Lettie Brown, formerly Lettie Muldrow: E.j or xw.j ' Howard Brown: E.J of SW. J Julia A. Ivey: SE.J of NE.J William P. Ringo: E.20 aero lot 1, less 0.53 acres K. O. C. & s. i;. k. right of way. E.20 acres lot 2 S.J of SE. \ of NW.J Norris Ruddles: SE. ; of SW. | of NW.J Julia Gilstrap: Lot2 Jennie Gilstrap: S. 21.2(1 acres lot 1 S.J Of NE. J of NW.J SE.J of NW.J Andy R. Nave, jr.: E.J of SW.J. less 5.78 acres K..& A.V. R.R. right of way. George F. Nave: E.J of NW.J,less6.10 acres K.&A.V. K. R. right of way. [ndiai iridian. Sec. Tp 36 36 35 25 29 36 20 20 19 40.00 10.00 13 13 13 13 10.00 15.66 13 13 13 13 20.00 10.00 40.00 13 13 12 19 12 13 Total acres. 40.00 20. 00 20.00 20. 00 20.00 10.00 20.00 20. 00 21.20 20. 00 40. I 50.00 80.00 20.00 25.66 9.44 70.00 80.00 80.00 40.00 10.00 20.00 39. 32 35.41 so. 00 20. 00 50.00 10. 00 40.00 10.00 80.00 80. 00 40.00 59. 17 10.00 12. 25 81.20 74. 22 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 191 Land in Adams and Logan list which has been claimed by Cherokee citizens other than Delaviares, as shown by attempts to file thereon — Continued. Card No. Indian meridian. Sec. Tp Cher. 6798. . Cher. 7578.. Cher. 4426.. Cher. 788... Cher. 1739.. Cher. 1657.. Cher. 1696.. Cher. 1696.. Cher. F. 881 Cher. 6879.. Cher. 6879.. Cher. 2307.. Cher. 2307.. Cher. 2307.. Cher. D. 572.. 210 Cher. 4297. I'll Cher. 4706... 212 Cher. 5288... Cher. 5288. Cher. 5288. Cher. 2002. Cher. 2002. Cher. 2002. Joanna G. Nave: S. i of SE. i 18 Simon McKinzey: SW.iof NW.iof 22 Mike Fields: SE.i of NE.i of 31 Nannie L. Dudley : SW. i of SW. i of 28 S. h of N\V. i of SW. i 28 Charles W. Willey: E. i of NE. i of NW. i 36 s\v. ; of NW.iof NE.i 36 Jananna Willey, nee Sanders: NW. iof XW.; of NE.; 36 Milo.T. Willey; NE. 10 acres of lot 1 1 36 Mvrtle Willey: NW.i of NE.i of NW.i 36 Rachel ('lav: NE. i of SW. | of 20 Charlev Welch: X.. ; of SE.i of NE.i 35 S. i of NE. i of NE. i 35 NW.J of NE.i of NE.i 35 E. i of X W. I of NE. * 35 s\V. i of XW. ; of NE. i 35 Jesse Welch: SW. $ of NE. i of 35 S.| of SE.i of NE.i ! 35 Henrv Eiffert: . XE. ; of SW.| of 30 XW. i-of SE.. J of SW.i 30 Henrv Eiffert, jr.: NW. ; of SE.i of 30 Sally M. Eiffert: SW. i of SE. J of NE. i 1 N. i of NE. i of SE. i 1 X.. 1 . of XW. i of SE. i 1 SE.; of NW.j of SE.i 1 XE.; of SW.iof SE.i i S. 1 of SW. i of SE. i 1 Susan L.Reed: SW.; of sE.; of ^s s. }, of xw. ; of se. ; 2s NW.i of NW.iof SE.i 2s Susie j. Hicks, nee Goodwin: NW.; of si-;.; of T< E.i of NE.i of sw.i '• 27 Richard L. Hammett: E. | of xw.; of 32 James M. Hamilton: W. i of XW. ;, less 2.19 M. K. & 0. R. R. 32 right of way, and less 3.66 K. O. C. & s. K. K. right of way. Hugh M. Hamilton: SE. i of NW. ;. less 0.58 K. (). C. e<: S. 32 R. K. right of way. and 1.74 M. K. £ O. R. R. right of way. Clarence W. Hamilton: X.: of sw.; of SE.i a2 NW.i of se. ; Of 32 W. I of XE. ; of NW. ;. less 0.58 M. K. 32 & 0. R. R. right of way, and 1.84 K. O. C. & S. R. K. right of way. James P. Fuller: SW. 10 acres of lot 1. (Only 5.01 acres 1 included in segregation.) Rosa L. Fuller: SW. i of NE. i of 1 S. 20 acres of lot 2. (Only 10.10 acres 1 included in segregation.) James S. Fuller: NE.i of SE .i f sw.i. (Only 5 acres 1 included in segregation.) NW.i of SW.i of SE.i i 40.00 40. 00 20. 00 20. 00 10.00 20. 00 20.00 10.00 20.00 10. 00 40.00 20. 00 40.00 10.00 10. 00 2(1.00 20.00 lo.oo 10.00 20.00 40. 00 20. 00 10. 00 40.00 20. 00 20. 00 [0. oc 17.58 40. 00 10.10 5. 00 10.00 Land in Adams and Logan list which has been claimed by the Cherokee citizen other than Delawares, as shown by attempts to fie thereon — Continued. No. Card No. Name. Indian meridian. Acres. Total Sec. Tp. R. acres. 218 219 Cher.D. 2558.. Cher. D. 2559.. Cher. D. 2561.. Cher. D. 2562.. Cher. 9331 Cher. 9331 < :her. 4310 Cher. 7000 Cher. 7000 .... Cher. 2105 .... Cher. 2105 .... Cher. F. D. 14 . Cher. 871 .... Cher. F. D. 859 Cher. 4338 .... Cher. F. 4.54 ... Cher. 0841 Cher. 4145 .... Cher. F.D. 218. Cher. 4230 .... Cher. 4289 .... Cher.F.D.819. John Jim: x. .'. of se. : of Charles Jim: s.i of SE.J of 31 31 28 29 29 29 31 31 24 28 28 28 31 31 31 31 1 1 21 3 3 3 29 24 1 2 13 6 14 31 29 19 19 19 19 7 7 25 25 29 29 29 29 25 25 28 20 26 26 10 10 10 16 15 15 15 15 27 20 20 20 27 28 25 25 24 26 28 27 27 26 20 20 20 20 20 20 13 1:5 13 13 13 13 13 13 13 10 10 10 20 20 20 20 19 20 20 19 13 13 13 13 13 13 13 13 14 13 19 13 13 13 13 13 13 13 13 13 40.00 10.00 •SO. 00 8 220 Phillip Jim: NW.| of NW.J of si-:, a of NW. ; of Winnie Jim: N E. j of SW. J of E. i of NW. i of SW. i less 1.97 K. O. C. & S. R. R. right of way. Eleese Mose: N.i of NE. i of 80. 00 68.03 80 I"' 221 40.00 18.03 222 20. 00 10.00 223 Thomas Mose: S. i of NE. i of so. mi 224 Beulah <;. Dancer: W. i of NE. i of SE. i 20. 00 225 226 Mary Cochran: s. A of SE.J of SE.± Mamie Boyls: S.i of SW.J of SE. 1 20. 00 NE. i of SW. i of SE. i Nancy E. Herd: SE. i of SE. » of NW. i 30.00 10.00 227 40.00 20. 00 10.00 5.00 10.00 30. 49 5.01 :;s. ::; 10.00 20. 30 10.00 228 Harrold B. Berd: NE. 1 of NW. i of N. i of SE. $ of NW. i SW. J of SE. i of NW. i 229 SE.J of SE. | of SW.i. (Only 5 acres included in segregation) William Davis: 75.00 Lot 4 of 230 SE. 10 aeres <>f lot 1. (Only 5.01 acres included in segregation. ) Mary Cochran: SW.J of SW. i, less 1. 27 M. K.& O.R.R. right of wav of. SE. 10 acres of lot 4 51.. 50 N. 20. 30 acres of lot 4 .. SW. 10 acres of lot 4 Frank Daniels: E. h of N W. J of NW. i 79.03 20.00 231 40.00 40.00 232 Josie Fare! Parsons: W.i of E. A of NE.i 40. 00 233 Jeta Fields: W. .i of W.i of SW.| S.| of N.i of SE. { Jacob l'adget: N.i of NW.iof James s. Davenport: SW. J of NE. i, less 0.10 acre M. K. £ 0. R. R. right of wav, of Cynthia J. Wicklirf: N. i of NE. i 80.00 80. 00 39.90 80.00 234 235. 236. 40.00 40.00 237. William (i. Rogers: SE. | of NE. » SE. i of NW. i Charles A. Knipe: W. i of NW. 1 of SE. i NE. J ( if SW. J 80. 00 238. 20. 00 40.00 20. 00 10.00 N. .' of SE. i Of SW. i SW. J of SE. | of SW. i Mina Beck: E. h of E. | of NE: \ 90. 00 239. 40.00 10.00 20. 00 SW. J of SE. i of NE. i N. i of NE. i of SE. 1 70.00 13, 375. 80 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 193 Exhibit B. The following described land in the list of land filed with tin ( 'ommission to the Fiv( ( ivil- ized Tribes December 16, 1903, and amended January .'■:, 1903, by Walter S. Logan, claiming to be the attorney of tht Delaware Indians, isfound, as indicated below, from the ( bmmission's records to beclaimi d or occupit d by ' '//< roket ctiizt ns, as p< r < 'ommission's citizenship cards, and who are not Delawares, or listed as such upon citizenship cards of tin Commission: TOWNSHIP 19 NORTH, RANGE 12 EAST, INDIAN MERIDIAN. Section 1: Acres. Lot 1 ; Looney D. Price, Cherokee card No. 4938 14. 98 TOWNSHIP 20 NORTH, RANGE 12 EAST, INDIAN MERIDIAN. Section 25: E. I of NW. } of NE. }; NW. I of NW. ! of NE. ', ; James H. Thomas, Cherokee card No. 5329 30. 00 SW. 1 of X\V.| <»f NE. ',; NW. } of SW. j of NE.J; John Archer, ( 'herokee card No. 4849 20. 00 Section 36: NE. 1 of Si:. 1 of SE. 1; W. I of SE. } of SE. }; Looney D. Price, Cher- okee card No. 4938 30. 00 SE. \ of SE. i of SE. 1; Josephine Crutchiield, Cherokee card No. 4986 10. 00 Total 90. 00 TOWNSHIP 22 NORTH, RANGE 12 EAST, INDIAN MERIDIAN. Section 13: S. \ of SE. | of SW. 1; Samuel Perrv, Cherokee card No. 4429 20.00 Section 23: N. \ of NE. \ of NE. |; SW. \ of NE. \ of NE] ; SE. \ of NW. \ of NE. \; N E. 1 of SW. ', i »f X i:. i ; Thomas White, Cherokee card No. 619 . . . 50. 00 Section 23: SE. | NE. i of NE; X. .! of SE. j of NE. \ ; Samuel Perrv, Cherokee card N( >. 4429 " 30. 00 Section 24: NE. ! of NW. ',; E. .1 of XW. \ of NW. J; SW. | of NW. | of XW. \; Samuel Perrv, Cherokee card N< >. 4429 70. 00 E.* of SE. \ : SE. 1 of XW. \ of SE. ', : SW. | of SE.i; William S. fiblow, Cherokee card No. 4344 130.00 Section 26: NE. \: William L. Walden, Cherokee card No. 4935 160.00 N. I . ke«. card No. D-584 30. 00 Section 36: N. .1 of SK. | of NE. 1; Anna Thornton. Cherokee card No. 4291 20. on S. \ of S. \ of NE. 1: Cleo B. Statham, Cherokee card No. 1252" 40.00 Total 290. 00 TOWNSHIP 27 NORTH, RANGE 1'-! EAST, INDIAN" MERIDIAN. Section 1 : S. h of SK. | of NE. 1 ; SK. | of SW. \ of NE. J; E. \ of NW. \ of SE. \\ NE. 1 of SW. 1 of SK. 1; E. * of BE. J; Jacob H. Bartles, Cherokee card No. 4326 140. 00 Section 12: !•:..', of NE. 1 of SK. J; NW. \ of NE. \ of SE.J; Jacob H. Bartles, ( 'herokee card No. 4326 30. 00 SW. S of NE. 1 of SK. j: S. .'. of NW. \ of SK. \ ; S. \ of SK. \; SK. | of NE. | of SW. | ; W. \ of NE. \ of SW. \; E. J of SW. \ of SW. \; SE. ] of SW. I ; James H. Stokes, Cherokee card No. 4303 200. 00 Section 13: W T . I of NE. \; E. I of NW. \; S. \ of SW. } ; NW. | of NW. \ of SK. 1 ; S. \ of NW. i of SK. |; SW. \ of SK. J; W. ) of SE. \ of SE. J; NE. \ of SE. J of SE. J ; James H. Stokes, Cherokee card No. 4303 340. 00 NE. \ of SE. J; NE. J- of NW. J of SE. J; Jacob H. Bartles, Cherokee card No. 4326 50. 00 Section 24: N. I i »f NE. \; James H. Stokes, Cherokee card No. 4303 80. 00 Section 25: SE. J ; NE. i of NE. \ of SW. \ ; Nelson F. Carr, Cherokee card No. 4306 170. 00 SE. | of NE. \ of SW. \ ■ W. \ of NE. \ of SW. ', ; W. ] of SW. ! : SE. \ of SW. \ ; James H. Eequa, Cherokee card No. D-1266 150. 00 Section 35: NE. \ of NE. \\ James H. Requa, Cherokee card No. D-1266 40. 00 Section 36: W. ■'. of NW. \ of NW. I; SE. \ of NE. \ of NW. ', ; NE. ', of SE. J of NW. j ; James H. Requa, Cherokee card No. 1 >-l 266 40. 00 s. .'. of SK. \ of KW.|; E.l of SW. J of NW.|; William C. Rogers, Cherokee card No. 6199 _ 40. 00 Total 1, 2S0. 00 TOWNSHIP 28 NORTH, RANGE 12 EAST. INDIAN MERIDIAN. Section 24: SE. 1 of SE. ] of NE. ',; NE. | of NE.J of SE. 1; Robert E. Dohertv, Cherokee card No. 2528 20. 00 Section 25: SW. 1 of SW. i of SE. j : Robert L. Owen, Cherokee card No. 5599.. . 10. 00 Section 26: S. h of S.J of NE. }; S. 10.12 acres lot 2; Robert L. Owen, Cherokee card No. 5599 50.12 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 195 Section 35: Acres. NE. | of SW. 1 of NE. }; Robert L. Owen, Cherokee card No. 5599... 10. 00 Section 36: W. I of NW. | of NE. | ; NW. \ of SW. | of NE. \; Robert L. Owen, ( 'herokee card No. 5599 30. 00 Total 120. 12 TOWNSHIP 29 NORTH, RANGE VI EAST, INDIAN' MERIDIAN. Section 13: Lots 1, 2, and 3; E. I of NE. J of SW. \; Robert L. Owen, Cherokee card No. 5599 119.25 E.§ of SE.} of SW. j; SW. | of SE. J of SW. \; Worcester Willev, Cherokee card No. 7298 30. 00 NW. l of SE. i of SW. I; William G. Holland, Cherokee card No. 4448. 10. 00 Section 24: E. I of E. A; E. i of NW. \ of NE. \ ; SE. \ of NW. } of SE. \; SW. \ of S"E. \ ; Robert L. Owen, Cherokee card N< ». 5599 230. 00 E. .1 of W. i of W. A of NE. ', ; E. \ of SW. | of NE. \; Worcester Wil- lev, ( 'hereokee card No. 7298 40. 00 NE.']- of NW. 1 of SE. 1 : E. \ of W. I of NW. ! of SE. | ; Noah S. Hol- land, ( 'hen »kee card No. 8~"5 20. 00 Section 25: NE. \ E.£of E. \ of NW. }; E. A of NE. \ of SW. > ; NE. 1 of SI-;. 1 of SW. 1 ; N. .1 of SE. 1 ; X. .1 of S. \ of SE. ', ; Robert j,. ( )\ven, Chero- kee card No. 5599 350.00 \X. ), of XE. 1 of NW. ',: William Moore, Cherokee card No. 2<>-,2... . 20.00 W. I of SE. \ of XW. ', ; SW. | of XW. ', : NW. \ of SW. \; W. h of NE. ', of SW. 1; NW. \ of SE. \ of SW. I : X. \ of SW. j of SW. \; X. I of S. I of S. I of S. }; Xoali S. Holland, Cherokee card No. 855. 190.00 Total 1, 009. 25 TOWNSHir 20 NORTH. RANGE 13 EAST, INDIAN MERIDIAN. Section 27: NE. | of XW. \ of SW.}; W. A of NW. \ of SW. ] ; William W. Wil- liams, Cherokee card Xo. 309 30. 00 SW. j of SW. ', ; Greenville P. HefHeringer, Cherokee card No. 5154. . 40. 00 Section 28: E. i of SW. \; Texanna Wooley, Cherokee card No. D-406 80. do Section 31 : S. 17.07 acres, lot 2: James M. Crntchheld, Cherokee card No. 5202.. 17.67 Section 33: E. A of NE. } of XE. ',; Greenville P. Hefflennger, Cherokee card Xo. 5154 20. 00 W. A of NE. \ of NE. \; N. A of SE. \ of NE. \; Texanna Woolev, Cher- okee card No. D-406 40. 00 Section 34: NW. ', of XW. \ ; Greenville P. Hefflennger, Cherokee card No. 5154. . 40. 00 SW. I, of NW. .J; S.j of SE. J of NW. ',: SW. h Texanna Woolev, ( !her< »kee card No. I >-406 220. 00 T( >tal 487. 67 TOWNSHIP 21 NORTH, RANGE 13 EAST, INDIAN MERIDIAN. Section 7: E. \ of S W. \ ; Eli Ellis, Cherokee card No. 4347 80. 00 Lot 4; Jasper Chaney, Cherokee card No. 5152 39.47 Section IS: NE. \ of XW.': X. \ of SE. | of NW. ]-; John H. Gibson, Cherokee card Ni ». 4775 60. 00 S. \ of SE. 1 of NW. 1; SE. 10 acres, lot 2; George Spybuck, Cherokee card No. 3487 30.00 196 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Section L9: Acres ,- E. 1 of NE. ',; NE. ', of NE. 1 of SE. i; James F. Tyner, Cherokee card N,,. 4329 90.00 S. .! of NW. ! of NE. !; SW. | of NE. J ; E. \ of SE. ', of NW. | ; NW. | of SE. | ; W. •', of N E. ', of SE. \ ; Amos W. Lord, Cherokee card No. I >-746 H(). 00 W. ■'. of SE. | of SE. 1 ; SW. | of SE. \ ; E. \ of SE. j of SW. | ; John H. Baker, ( iherokee card No. 5393 80. 00 SE. 1 of NE. ! of SE. | ; E. \ of SE. \ of SE. ', : John M. Tucker, Chero- kee card No. 4316 30.00 Section 20: N. \ of N. \ of SW. 1; .lames F. Tyner, Cherokee card No. 4329 40.00 s. J of N. : of SW. ',; SW. ', of SW. \ ; N. \ of SE. 1 of SW. ', ; John M. tucker, ( Iherokee card No. 4316 LOO. 00 S. J of SE. | of SW. \ ; William Turner, Cherokee card No. 6665 20. 00 Section 30: E.J of NE. 1 of NW. 1; SW. J of NE. | of NW. ! ; N. I of SE. \ of N W. | : John 1 1 . Baker, Cherokee card No. 5393 50. 00 NAY. ] of NE. 1 of NAY. ', ; N. 19.99 acres lot 1; Alice Chism, Chero- kee can 1 No. D-1168 29.99 S. 19.96 acres lot 1; N. L9.93 acres lot 2; Nancy Chisholm, Cherokee card No. D-1280 * 39. 89 S.J of NE. 1 of NVY. i; S. 19.90 acres lot 2; W. P. Phillips, Chero- kee card No. 4081 39. 90 Section 31: E. 20 acres lot 1, NAY. 9.79 acres lot 1; AY. P. Phillips, Cherokee card N. ». 4081 29. 70 SW.9.S2 acres lot 1; lot 2; Nancy Chisholm, Cherokee card No. D-1280 '. 40. 55 Section 35: NE. | of NE. | of NW. \\ NW. \ of NAY. | of NW. \ ; S. \ of N. A of NW. \\ E. .1 of SE. 1 of NW. 1; S.J of NE. |; William E. Halsell, ( Iherokee card N >. 3331 160. 00 NW. | of NE. I of NAY. J; NE. \ of NW. I of NW. }; William N. Blake- more, Cherokee card No. 3396 20. 00 Total 1, 128. 59 TOWNSHIP 22 NORTH, RANGE 13 EAST. INDIAN MERIDIAN. Section 1: N. 20.04 acres lot 2; lots 3 and 4; N. J of SAY. \ of NW. ',: SW. \ of SW. 1 of NW. \\ Edward L. Halsell, Cherokee card No. 4709 130. 19 Section 2: Lots 1, 2, and 3; SE. j of NW. J; S.J of NE.J; Edward L. Halsell, Cherokee card No. 4709 240. 21 Total 370. 40 TOWNSHIP 23 NORTH, RANGE 13 EAST, INDIAN MERIDIAN. Section 35: NAY. \ of NAY. j of SE. j ; Alonzo H. Boone, Cherokee card No. 4652.. 10. 00 E. J of SE. ! : E. .', of NW. \ of SE. J; SAY. \ of NW. | of SE. | : SW. \ i ,f S E. i ; E( 1 ward L. Halsell, Cherokee card No. 4709 150. 00 Section 36: SW. | ; Edward L. Halsell, Cherokee card No. 4709 160. 00 NW. 1 of NE. S of SE. ',: Alonzo H. Boone, Cherokee card No. 4652.. 10.00 T« ital 33Q. (>o TOWNSHIP 24 NoKTH. RANGE 13 EAST. INDIAN MERIDIAN. SE.iof NE. !: W.J of NE. | of NE-i; W.J of NE. 1; SE. | of NE. \\ Jacob 11. Bartles, Cherokee card No. 4326 loO.OO ALLOTMENT OF LANDS TO DELAWARE INDIANS. 197 TOWNSHIP 25 NORTH, RANGE 13 EAST, INDIAN MERIDIAN. Section 1 : Acres. \V. \ of W. \ of SW. |; Jeta Fields, Freedinan card No. 454 40.00 Section 9: SW. ',: W. \ of SE. ',: William P. Ross, Cherokeecard No. 4612 240.00 Section 16: NW. \ of NW. S ; W. I of SW. • of X W. J; Ellen C. Morrison, Cherokee card N( i. 4294 60. 00 SW. | ofSE.| ofNE.i; SE.'j ofSW. 1 of XE. }; E.JofNW. ! ofSE. ', : W.J of XE. | of SE!. XE. ! of XE. \ of SE. j ; George B. Keeler, Cherokee card No. 4271 70.00 SE.}ofNE.}ofSW.}; X. A of SE. J of SW. \ ; SW. ; of SW. j • Robert T. Morrison, Cherokee card No. 4294 70. 00 Section 17: X. .', of NW. 1 : Thomas Measles, Cherokee card No. 2192 80.00 S. 1 1 ,f SW. | : SW. j of SE. S ; William Keeler, Cherokee card No. 4315. 120. 00 SE. \ of SE. j : K< 'I tert T. Morrison, ( !her< ikee card Xo. 4294 40. 00 Section 18: X. I of XE. |: XE. | of SW. \ of XE. \; N. \ of SE. \ of XE. ', ; XE. \ of NE. j of XW. J: William Johnstone, Cherokee card No. 4205 120.00 W. I of SW. i of XE. ]; SE. \ of XE. \ of XW. }; W. I of NE. j of NW.}; lots 1 and 2: SI-:. | of NW.}; X. 20.05 acres lot 3; X.. 1 , of XE. ! of SW. |: Myron L. Bronson, Cherokee card Xo. 10052 210.09 SW. | of NE.}of SW. ',; S. 20.06 acres lot 3; lot 4: XW. \ of SE, | of S W. j ; William Scullawl, Cherokee card No. 9938 SO. 23 E. h of NE. } of SE. 4; Robert T. Morrison, Cherokee card No. 4294. . 20. 00 Seel ion 20: XW. > ; SE. | of S W. I ; W. A of SE. }; William Keeler, Cherokee card No. 4815 280. 00 XE. ] of SW. } ; Rachel Clay, Cherokee card No. 1 155 40. 00 Section 22: XE. I; X. A of X. I of SE. \ -; Jesse Martin, Freedinan card No. D-887. 200. 00 E. ', of XW.}; Lettie Brown, Freedinan card No. D-705 80.00 E. J , of SW. ]■ Howard Brown, Freedinan card No. D-705 80.00 S. i of N.J of SE. \; S.J of SE. }; Osa Martin, Freedman card No. D-887 120. 00 Section 31: X. ', of XE. i; Reese Mose, Cherokee card No. 9331 80.00 S. }, of NE. i : Thomas Mose. Cherokee card No. 9331 80. 00 NE.3 of SE. J: E. A of NW. \ of SE. ] ; NW. 1 of XW. \ of SE.}; John Jim, Cherokee card No. D-2558 70. 00 SE. j of Si:. 1 ; Charles Jim, Cherokee card No. D-2558 40. 00 Total 2, 220. 32 TOWNSHIP 26 NORTH, RANGE 13 EAST. INDIAN MERIDIAN. Section 4: NE. 1 of NW. 1 of SE. \; W. i of NW. } of SE. }; George Hazelrig, Freedman card Xo. 1 >-98 < 30. 00 Section 6: Lot 2; lot5; SE. Jof XW. ] ; Jacob H. Bartles, Cherokee card No. 4326. 121.22 SW. \ of NE. } ; James M. Davenport, Cherokee card Xo. 4145 40. 00 Section 7: NE. \ of NE. } of SE. \; Nelson Beck, Freedman card No. D-1100. ... 10. 00 Lot 4; SE. } of SW. }; Jacob Guthrie, Cherokee card No. 10328 81. 01 Section 8: X. I of X\ J of SW. 'j : Nelson Beck, Cherokee Freedman card No. D-1100 . .". 40. 00 Section 9: E. J of NE. \ of SW. |- ; Ettie Vann, Freedman card No. 949 20. 00 Section 15: SW. 1 of NE. \ of NE. | ; W. A of NE. \; W. h of SE. \ of NE. \ : SE. | of SE. \ of NE. \\ E. h of NE. £ of NW."}; William Rose, Freed- man card No. D-804 140. 00 Section 18: N E. ', of NW. \ ; lot 1 ; James Guthrie, Cherokee card Xo. 3545 81. 01 198 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Section L9: Acres. SW. 10.55 acres lot 2; lot 3; W.21.13 acres lot 4; NW. \ of NE. | ; of SW. ',; Lee Keys, Cherokee rani No. 4255 82.80 Section 30: Lots 3 and 4, SK. ', of SW. 1; W. .', of SW. \ of SE. .', ; Anna Thornton, Cherokee card N< ». 4291 142. 37 Section I'd : NW. j of NW. i of NE. |; lot 1; NE. 10 acres lot 2; W. 20.97 acres lot 2: Anna Thornton, Cherokee card No. 4291 82. 10 S. .', of N. .', of XE. ', ; NE. \ of SE. J of NW. \; N. A of SW. \ of NE. ', ; SE. \ of"SW. i of NE. \ ; SE. } of NE. \ ; N. A of NE. \ of SE. ]-; NE. \ of NW. 1 of SE. 1 ; Joel Siuujee, Cherokee card No. 4072 150. 00 S. A of N. A of NE. \; Huldah Bennett, Cherokee card No. 4265 40. 00 Section 32: S. * of N. A of NW. -|; James L. McCoy, Cherokee card No. 1236 40. 00 S. A of NW. k; N. A of N. A of SW. \; Joel Suagee, Cherokee card No. 4072 120. 00 S. A of N. A of SW. 1 ; NW. } of NW. I of SE. \ ; Huldah Bennett, Cher- okee card No. 4265 50. 00 Total 1, 270. 51 TOWNSHIP 21 NORTH, RANGE 13 EAST, INDIAN MERIDIAN. Section 2: S. A of SW. ', ; Allen H. Gihson, Cherokee card No. 4827 80. 00 Section 3: SE. \ of SE. i: E. A of SW. } of SE. j ; Allen H. Gibson, Cherokee card N. ». 4327 60. 00 Section 4: Lot 2; SW. \ of NE. \; W. A of NW. \ of SE. \- NW. \ of NW. \ of SE.£; Martha E. Fl ynn, Cherokee card No. 3168 1 10. 96 Section 6: S. 20 acres lot 1; SE. 10 acres lot 2; NE. | of SW. \ of NE. \ ; X. A of SE. i of NE. i; David Bivens, Cherokee card No. 4207 60. 00 S. A of NW. \ of NE. i; SW. \ of SE. i; SE. £ of SW. \; Jacob II. Bartles, Cherokee card Xo. 4326 100. 00 Section 7: W. A of XW. \ of NE. *,; S. A of NE. \; X. A of XE. \ of SE. \; SW. \ of XE. \ of SE. \; XW. \ of SE. \\ X. A of SW. \ of SE. \; SW. \ of SW. \ of SE. i; E. A of SW. \; lots 3 and 4; Jacob H. Bartles, Cherokee card No. 4326 364. 87 Section 8: SW. ' of SE. i of NE. \; E. A of W. A of E. A; NW. £ of NW. \ of SE. |; Richard M. Fields, Cherokee card No. 4223 100. 00 Section 9: SE. } of NE. } of NE. \; E. A of SE. \ of NE. ] ; E. A of NE: i of SE. ',: SE. i of SE. \; E. A of SW. \ of SE. \; Rufus Miller, Cherokee card No. 9998 110. 00 W. I of SW. ! of SE. i ; Andrew H. Norwood, Cherokee card No. 4321. 20. 00 Section 10: NE. ', of NE. \; E. A of NW. \ of NE. \; Allen H. Gibson, Cherokee card No. 4327 60. 00 E. A of NW. 1; S. A of NW. 4 L of NW. i; SW. \ of NW. }; Rufus Miller, Cherokee can 1 N< ». 9998 140. 00 Section 11: X. A of NW. S of NW. 1 : Allen H. Gibson. Cherokee card No. 4327.. 20.00 S. .' of NW. 1; N. A of NE. \ of SW. \ ; SW. | of NE. 1 of SW. }; NW. 1 of SW. j ; N. A of SW. } of SW. \ ; SW. | of SW. 5 of SW. \; Allen H. Gibson, Cherokee card No. 4327 180. 00 Section 15: NE. ', of NW. J ; NE. 1 of NE. | of SW. \ ; Rufus Miller, Cherokee card No. 9998 50. 00 SW. j of SW. 1 of SW. 1 ; Dixon heirs, Cherokee card No. 2788 '. . 10. 00 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 199 Section 16: Acres. N E. I of N E. | ; E. h of NW. } of NE. }; N. h of SE. } of NE. }; Rufua Miller, Cherokee card No. 9998 80. 00 W. i of NW. J of NE. J; NE.} of NW. }; E. h of NW. J of NW. ',: SW. ! of NW. \ of NW. i ; SW. \ of NW. | ; N. J of SE. } of NW. | : N.J of SW.} of NE. J; Andrew II. Norwood, "Cherokee card No. 4321 170. 00 NW.} of NW. } of NW.}; Richard M. Fields, Cherokee card No. 4223 10. 00 SW. J of SE. | of NE. 1 ; S. \ of SW. | of NE. | ; S. .1 of SE. ', of NW. 1 ; SW. j; NW. 1 of SE.}; N.J of SW. | of SE. ',; NW. | of SE. } of SE. }; W.J of NE. } of SE.}; Frank M. Overlees, Cherokee card No. 4293 300. 00 S. I of SW. } of SE. }; John H. Johnson, Cherokee card No. 4231 .... 20. 00 Section 17: E. I of NE. }; Richard M. Fields, Cherokee card No. 4223 80. 00 Section 18: E. \ of NW. }; lot 1; N. 21.13 acres lot 2; SE. 10 acres lot 2; NW. \ of NE. \ of SW. }; Jacob H. Bartles, Cherokee card No. 4326 16:'.. 53 Section 21: N. \ < >i SW. \ : John H. Johnson, Cherokee card No. 4221 80. 00 SW. | of SW. }; Andrew H. Norwood, Cherokee card No. 4321 40. 00 N. J of SE. I of SE. }; Dixon heirs, Cherokee card No. 2788 20. 00 Section 22: S. J of N. I of NE. } ; Dixon heirs, Cherokee card No. 2788 40. 00 Section 24: S. J of SE. }; SE. } of SW. \ ; E. J of SW. } of SW. }; Asa C. Statham, Cherokee card No. 1252 140. 00 Section 25: N. J of N. \ of NE. }; N. J of NE. J of NW. ', : NE. | of NW. | of NW. | ; Asa C. Statham, Cherokee card No. 1252 70. 00 SI-:. \ of SE. } of NE. }; NE. } of NE. } of SE.}; Robert Morrison, Cherokee card No. 4294 20. 00 Section 27: N. \ of NE. } of NE. \ ; William Musgrove, Cherokee card No. 4978 . . 20. 00 NW. | of SW. i of SW. \ ; Morris F. Knight, Cherokee card No. 3308. 10. 00 Section 28: SW. \ of NE.} of SE.}; S.J of NW.} of SE.}; Morris F. Knight, Cherokee card No. 3308 30. 00 S W. | ( if NW. 1 ; Andrew II. Norwood, Cherokee card No. 4321 40. 00 Section 29: E. A of NW. } of NW. }; Andrew Daniels, Freedman card No. D-859 . 20. 00 W. I of NW. 1 of NW. }; Nelson F. ( !arr, Cherokee card No. 4206. . . . 20. 00 E. j"of SE. | of SW. 1 ; Morris F. Knight, Cherokee card No. 3308 20. 00 Section 30: NW. } of NE. }of SE. }; NW. \ of SE. | ; W. A of SW. \ of SE. }; Nelson F. Carr, Cherokee card No. 4206 70. 00 Section 31: S. A of NE. } of NE. }; SE. \ of NE.}; William (I. Rogers, Cherokee card No. 4236 60. 00 W. A of NE. }; Nelson F. Carr, Cherokee card No. 4206 80. 00 Lots 3 and 4: NW. \ of SE. } of SW. \ ; William G. Rogers, Cherokee card No. 4236 92. r^ E. J of SE. } of SW. ]; SW. | of SE. j of SW. \ ; Jacob II. Bartles, Cherokee card No. 4326 30. 00 Section 32: E. \ of NE. } of NW. 1: SW. j of SE. ', of NW. }; Morris F. Knight, ( Jherokee card N< ». 3308 30. 00 S. A of NW. } of NW. 1 ; SW. ', of NW. }; William G. Rogers, Chero- kee card No. 4236 60.00 SE. ', of NW. i; X. .', of NE. ', of SE. ', ; James M. Hamilton, Cherokee card No. 5288 60.00 S. A of SE. } of SE. }; Frank M. Overlees, Cherokee card No. 4293 . . . 20. 00 S.ct ion 33: NW. I of SE. ]- of NW. I; N. \ of SW.} of NW. }; Morris F. Knight, Cherokee card No. 3308 30. 00 200 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Section 34: Acres - SE. | of SE. | ofSE. ',: Nelson Beck, Freedman card No. L100 10.00 T« >tal 3, 401 . 91 TOWNSHIP 28 NORTH, RANGE 13 EAST, INDIAN MERIDIAN. Section 3: NE. 1 of S\V. l; N. I of SE. \ of SW. ', : SW. | of SE. | of SW. |: Frances Patterson, Freedman raid No. 836 70. 00 Section 4: N. L9.02 acres, lot 2; N. 18.88 acres, lot 3; Sidney E. Bell, Cherokee card No. 4232 37.90 W. I of SW. ',: Andrew II. Norwood, Cherokee card No. 4321 80.00 Section 5: S. 20 acres, lot 3; NE. j of SW. \; E. h of NW. \ of SW. 1 ; N. \ of SE. | ; N. J of SE. \ of SE. 1; Andrew II. Norwood, Cherokee card No. 4321 . 180.00 Section 9: N. \ of NW. 1 of NW. ',; Andrew H. Norwood, Cherokee card No. 4321... 20.00 N. \ of NE. \ of NE. J; Clara Stockton, Cherokee card No. 4309 20. 00 Section 10: W. A of NE. S of NE. ! ; NW. \ of NE. \; N. \ of SW. j of NE. \: W. \ of SE. I of NE. \ ■ SE. \ of SE. \ of NE. \ -; NE. J of SE. i ; Susie Shaw, Cherokee card No. 3335 150. 00 E. I of NW. 1; S. * of SW. \ of NE. ]; N. \ of NW. 1 of SE. J; Julia Dickson, Freedman card No. 1036 120. 00 Section 11: W. \ of NE. j of NE. 1 ; NW. \ of SE. \ of NE. 1 ; W. .', of X E. \; S. \ of NE. i of NW. S; E. £ of SW. \ of NW. ', ; SE. 1 of NW. J; N. \ of NW. | of SE. i; SF. ', of NW. \ of SE. \- Alex Dunn, Cherokee card No. 3369 220.00 Section 12: S. \ of NE. \ of SE. \; Harold D. Lannom, Chen »kee card No. 4230. ... 20. 00 Section 14: N. I of S W. \ ; George A. Waters, Cherokee card No. 632 80. 00 Section 15: NE. \ of SE. i; George A. Waters, Cherokee card No. 632 40. 00 Section 19: NW. 11.48 acres lot 3; Robert Doherty, Cherokee card No. 2528 11.48 SW. 11.45 acres lot 3; lot 4; Worcester Willey, Cherokee card No. 7798. 54. 23 Section 23: SE. | of NE. \: S. I of SW. \ of NE. i; N. \ of SF. \; Marv Harrell, Cherokee card No. 4231 140. 00 Section 24: W. A of SF. I of NE. i; W. I of NE. \ of SF. |; Myrtle Dancer, Chero- kee card No. 4310 40. 00 Section 26: N. J of NE. \ ; Mary Harrell, Cherokee card No. 4231 80. 00 Section 31: SE. I of NW. I- of SE. i; S. J of NE. \ of SE. | : SE. \ of SF. J; Richard M. Fields, Cherokee card No. 4223 70. 00 Section 34: NE. \ of NE. i of NW. 1; George P.. Keeler, Cherokee card No. 4271 . 10. 00 Section 36: S. \ of NE. i of SF. S ; SE. 1 of NW. } of SE. ', : E. J of SW. | of SE. £; SE. | of SE. 1 ; Sarah E. Courts, Cherokee card No. 4507 90. 00 Total 1, 533. 61 TOWNSHIP 29 NORTH, RANGE 13 EAST, INDIAN MERIDIAN. Section 16: S. \ of N. \ of SW. | of SW. 1 : S. \ of SW. | of SW. | ; Robert L. Owen, Cherokee card No. 5599 30. 00 Section 17: s. \ < ,f S. \ ; Rol iert L. ( >wen, Cherokee card No. 5599 160. 00 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 201 Section 18: Acres ' E. 16.58 acres lot 1; William McKay, Cherokee card No. 4954 16.58 W. 16.58 acres lot 1 ; lots 2, 3, 4, 5, and 6; S. ] of NE. .', ; SE. \ of NW. | ; NE. | of SW. ',; SE. ] ; Robert L. Owen, Cherokee card No. 5599... 504.01 Section 19: NE. ',: N. \ of SE. \; E. 4 of SE.J of SE. ', : SE. j of SW. | of SE. ]; W.J ofSW.i of SE.J; E. .1 of W.J; lots 1,2,3, and 4; Robert L. I >wen, Cherokee card No. 5599 600. 44 Section 20: E. I of E. j: E. 1 of NW. i of NE. j ; SW. j of NE. j : SE. | of NW. \ ; W. 1 of NW. [ of NW. 1; SW. J of NW. ', ; W. \ of SW. \- NE. j of SW.J; W. I of SE. | of SW. 1 : NE. | of SE. ', of SW. \; NW. | of SE. 1; N. .', of SW. 1 of SE. }; Robert L. Owen, Cherokee card No. 5590 ". 530.00 Section 21 : E. .'. of NE. 1; NE. | of SE. \; N. \ of SE. | of SE. \- Sidney E. Bell, Cherokee card No. 4232 140. 00 W. h of NE. !; W. .',; NW. \ of BE. i; N. \ of SW. 1 of SE. I; Robert L. ( >wen, Cherokee card No. 5599 460. 00 S. iof S. \ ofSE. |: Andrew Reed, Cherokee card No. 4349 40.00 Section 27: SW. \ of SW. -1- of SE. i; William F. Goodman, Cherokee card No. 4297.... 10.00 VV. I of NE. | of SW. j ; NW. ', of SW. \ ; N. \ of SW. j of SW. \ : SW. | of SW. j of SW. ', : Andrew Reed, Cherokee card No. 4349 90.00 Section 28: SE. | ; NW. j of NE. | ; Andrew Reed, Cherokee card No 4349 200. 00 N.J of NW. | of NW. ',: N. \ of NE. \ of NW. 1; Robert L. Owen, Cher. »kee card N« >. 5599 40. 00 Section 30: NW. | of NE. \; W. h of SW. } of NE. \ ; NW. \ of NW. | of SE. | ; E. \ of W. i; lots 1, 2, 3, and 4; Robert L. Owen, Cherokee card No. 5599... 3S4.20 Section 31: SW. \ i A NW. I of NE. | ; Sidney E. Bell, Cherokee card N< ». 42:52 ... 10. 00 Section 32: SE. j of NE. | of NW. |; E. I of SE. ', of NW. ',; George B. Keeler, Cherokee card No. 4271 30.00 Section 33: SW. \ of SW. 1 of NW. 1: NW. \ of NW. \ of SW; George B. Keeler, ( !her« »kee card N< ». 4271 20. 00 NE. 1 of NE. ',: Andrew Reed, Cherokee card No. 4349 40.00 Section 34: NE. | : N. '. of NW. ! of SE. ',; NE. \ of SE. |; William F. Goodman, ( 'herokee card N< ». 4297 220. 00 W. \ of NW. 1 of NW. 1 ; Andrew Reed, Cherokee card No. 4349 .... 20.00 Total 3, 545. 23 TOWNSHIP 22 NORTH.RANGE U EAST, INDIAN MERIDIAN. Section 6: Lot.- 2. 3, 4, and 5; SE. | of NW. | ; SW. ', of NE. \ : lots 6 and 7; E. \ of SW. S : W. \ of SE. \ : Edward L. Halsell, Cherokee card No. 470'.) 481. 78 Section 7: E. ( . of NW. \ ■ E. 20 acres, lot 1; NW. 10.44 acres, lot 1 ; E. 20 acre-, lot 2; Edward L. Halsell, Cherokee card No. 4709 130. 44 Section 32: E. h of SW. J of NW. |: William S. Edward, Cherokee card No. 560 . 20. 00 Total B32. 22 TOWNSHIP 23 NORTH, RANGE 14 EAST, INDIAN MERIDIAN. Section 4: W. h of NW. \ of NE. I ; James Roscopf, Cherokee card No. 4872 20. 00 202 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Section 34: Acres. VV. I ofSW. J ofSE. 1; Otis S. Scidmore, Cherokee card No. 9634.... 20.00 S. foi SE. ! ofSE. |; SE. \ of SW. | of SE. ', ; Frank P.. well. Cherokee rani No. 6542 30. 00 Section 35: VV. ', of WW 1 of SE. !; NE. | of SW. \; E. .'. of NW. \ of SW. ', ; NW. 1 of NW. J of SW. 1; William R. Baker, Cherokee card No. 3141 .. '.mi. no s. I of SE. 1: NE. 1 of SE. ', ; E. ] of NW. 1 of SE. \; S. .1 of SW.J; Frank Powell, Cherokee card No. 6542 220.00 T. »tal 380. 00 TOWNSHIP 25 NORTH, RANGE U EAST, INDIAN" MERIDIAN. Section 8: N E. i ; John P. ( ireen wood, Cherokee card N< i. 9593 160. 00 Section 16: E. I of NE. 1; William F. Bluejacket, Cherokee card No. 3821 80. 00 NE. | of SF. 1 : E. . ! , of NW. \ of SE. J; NE. \ of SW. \ of SE. £■; N. \ of SE. J of SF. !; William B. Wallace, Cherokee card No. 4572 90.00 s. \ of SF. 1 of SF. 1 ; SF. \ of SW. \ of SE. \; Sanford McXabb, Chero- kee card No. 9755 30. 00 Section 29: NW. 1 of NE. i ; Blue Thompson, Freedman card X. v. D-44 40. 00 Section 30: SE. \ of NE. \ of SE. \; SF. \ of SE. \; SE. } of SW. J of SE. \; Andrew Daniels, Freedman card No. D-859 60. 00 Total 460. 00 TOWNSHIP 26 NORTH, RANGE 14 EAST. INDIAN MERIDIAN. Section 15: S. * of SW. \ of SW. i ; SW. \ of SE. \ of SW. 4; Zula Austin, Chero- kee card No. 9782 30. 00 Section 16: SE. \ of SE. I of SE. i ; Zula Austin, Cherokee card No. 9782 10. 00 Total 40. 00 TOWNSHIP 27 NORTH RANGE 14 EAST, INDIAN MERIDIAN. Section 1: S. I of NW. \ of NE. }; W. * of NW. 1 of SF. \; George W. Patrick, Cherokee card No. 4263 40. 00 S. \ of SF. | of NE. | : E. \ of SE. \; E. £ of NW. } of SE. 4; SW. J of- SE. t; Robert L. Owen, Cherokee card No. 5599 ... 160. 00 Section 5: Lot 3; N. 20.59 acres lot 4; SE. 10 acres lot 4; Christopher C. Critten- den, Cherokee card No. 2741 — 71. 03 Section 10: NE. I of NE. S of SW. ',; Andrew H. Norwood, Cherokee card No. 4321 10. 00 Section 13: NW. \ of SW. ! : .lames Colbert, Freedman card No. D-520 40. 00 Section L5: NE. \ of NE. \ of NE. i; Andrew H. Norwood, Cherokee card No. 432 1 10. 00 Section 19: SW.6.76 acres lot 3; lot 4; Asa C. Statham. Cherokee card No. L252. 40.40 Section 30: W. \ of SF. ', of NW. j ; Robert T. Morrison, Cherokee card No. 4294. 20. 00 Total 391 . 43 ALLOTMENT OF LANDS TO DELAWAEE INDIANS. 203 TOWNSHIP 28 NORTH, RANGE 11 EAST, INDIAN MERIDIAN. Acres. Section 3: Wi'nVW nWnkfie. card No. 4332. 10.00 SW. | of SW. | of SW. i; Susan M. Winkler, Cherokee card No. 4332. 60.00 eCt SE.i of SE. 1 ; E. h of SW. i of SE. \; Charles Fitzsimmons, Cherokee card No. 6721 - eCt E\°of NE* of SKI; N. 1 of SE. I of BE.*; Susan M. Winkler, Cherokee card No. 4332 1 S^4.73 acres lot 3; Harold D. Lannom, Cherokee card No. 4230 14. 73 Section 9: gw of NR j K Jof NW . i of SKiVNE^ofNW.iofSE^NW.iofSE.iofSE.^.^ulXK. of SE. i; NE. i of NE. j of SE. \; Susan M. Winkler, Cherokee card ^ SK i o1 3 NK j" of SE. V;" NE-'i of' SE.' j of SE \'{ Willi's S. Sullivan, Cherokee card No. 2534 SeCt w! Jof NW. fc N. } of NW. | of SW. \; Susan M . Winkler, Cherokee ^ ^ S. ?of NW. i of SW. V;"willis" S. Sullivan, Cherokee card No. 2534. . . 20. 00 SeCt E n i 1 S E. J of SW. |; John P. Willis, Cherokee card No. 6257 40. 00 SeCt SW 2 i : of SW. | ; S. i of SE. J of SW. fc S. * of SW. i of SE. |; Robert L. Owen, Cherokee card No. 5599 ' u - uu w! } of NW. i; Robert L. Owen, Cherokee card No. 5599 80. 00 ^NKijKJof NW.i; N. h of S. h of NW. J; SE. J of SE. 1 of NW. }; Rol >ert L. Owen, Cherokee card No. 5599 '"• uu ^^LoteSand 4; W. J of NE. J of SW. fc SE. \ of SW. | ; Sarah E. Courts, Cherokee card No. 4507 Ufk ' uo BeC w!{rfNKtofSE.l : NW.iofSKi; N *of SW.lof SKj; SW .| of SW. i of SE. \; Christopher C. Crittenden, Cherokee card No. 2741. HO. UU eCt SE.fof NE. [ of SE. \; E. i of SE. | of SE. i ; David N. Coker, Chero- ^ kee card No. 4785 S " rt \F : ?- : E J of NW. h E. J of W.i of NW. fc NE. | of NW. i of SW.i; KJofNKiofSW.i;V.JofSE.i;NEiofSE.l;N.iofSE^ of SE. i; Robert L. Owen, Cherokee card No. oo99 «U. uu Vt S " o 5 fSW. 1 of SE. i; S. J of S. \ of SW. £; Robert L. Owen, Cherokee card N. >. 5599 ou> uu Section 36: f gR , q{ nw< , . sW- , ol SE f\ of HW.l; W. J of" XW. !: W J of SW i; WJ of E. \ of SW. i ; Robert L. Owen, Cherokee card N o. 5599 ZWAM Total Jf^| TOWNSHIP 29 NORTH, RANGE 11 EAST, INDIAN MERIDIAN. SeCti SE.| 1 of SE.t; Susan M. Winkler, Cherokee card No. 4332 40.00 TOWNSHIP 23 NORTH, RANGE 15 EAST, INDIAN MERIDIAN. *** ElVuf XE. 1 of SIM; SW. 1 of NE. I of SE. i;E.] of SW. k of SE. *; SE. | < »f SE. i ; Ada F< .reman, Cherokee card No. 52ob JU. uu 204 ALLOTMENT OF LANDS T< > DELAWARE INDIANS. TOWNSHIP 25 NOTtTH, RANGE 15 EAST, 1N1HAN MERIDIAN. Section 2: Acres. Lots3and4; S. Jof'NW.}; S\V. ',; Robert L. Owen, Cherokee card Nik 5599 321.44 Section 3: Lota L, 2, and 3; S.iofNE.J; SE.^ ofNW.J;SE.J; Roberl L.Owen, ( 'hen >kee ca r< 1 N< >. 5599 402. 31 Section > : SW. | of NE. 1 ofSE. ',; SE. ', of NW. | of SE. 1; W. .1 of NW. ', ofSE. ',; S\V. 1 ofSEJ; William L. Cowart, Cherokee card No. 555 80.00 Section 10: NE. ',: Roberl L. Owen, Cherokee card No. 5599 160.00 Section 11: NW. ',; Robert L. Owen, Cherokee card No. 5599 160.00 Section 17: S. \ of NW. ',; William L. Cowart, Cherokee card No. 555 80.00 Section 18: W. .] of NW. 1 of NE. \; S. A of NE. \ ; William L. Cowart, Cherokee card No. 555 100. 00 T. »tal l, 31 13. 75 TOWNSHIP 2(3 NORTH, RANGE 15 EAST, INDIAN MERIDIAN. Section 3: N.20. 62 acres lot 3; SW. 10 acres lot 3; lot 4; Arthur Dodge, Chero- kee card No. D.-622 71. 36 Section 9: SW. i of NW. i of NE. -I; W. I of SW. \ of NE. J; SW. \ of SE. \ : Ruth E. Rogers, Cherokee card No. 5424 70. < 10 S E. 1 of SE. 4; Maude E. Rogers, Cherokee card No. 5424 40. 00 Section 12: NE. ! of NE. \ of.NE. \; John W. Johnson, Cherokee card No. 4616 . 10. 00 Section 14: E. .1 of SE. \ of SW. | : Marion F. Wilkins, Cherokee card No. 445:; . . 20. 00 Section 15: N E. | i if SE. I : Marion F. Wilkinson, Cherokee card N< ». 4453 40. 00 Section 23: SE. J ; Amanda Young, Cherokee card No. 9753 160. 00 Section 34: S E. 1 ; Robert L. Owen, Cherokee card No. 5599 160. 00 Section 35: S W. i ; Robert L. Owen, Cherokee card X* >. 5599 160. 00 Total 731 . 36 TOWNSHIP 27 NORTH, RANGE 15 EAST, INDIAN MERIDIAN. Section 6: S. .', of SW. J of NE.*; S.J of SE.} of NW. i; S. 19.20 acres lot 5; lots 6 and 7; E. I of SW. J; W. A of SE. J; W. A of E. I of SE. i; W. \ of E. \ of E. \ of SE. ',; Robert L. Owen, Cherokee card No. 5599 356. 23 Section 21 : SW. j of SW. \ of SE. I; Elizabeth Mallen, Cherokee card No. 4.561.. 10. 00 SE. 1 of SW. | of SE. 1 ; S. .1 of SE. \ of SE.' J; Arthur Dodge, Cherokee card No. D.-622 30.00 Section 26: NE. 1 of NE. | of SW. \; W. .', of NE. \ of SW. i; W. I of SW. ',; SE. \ of SW. ',; Elizabeth Mallen, Cherokee card No. 4561 150.00 Section 33: N. .1 of N. \ of SE. ', : SW. \ of NW. \ of SE. }; Arthur Dodge, Cherokee card No. D.-622 50. 00 Total 596. 23 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 205 TOWNSHIP 28 NORTH, RANGE 15 EAST, INDIAN MERIDIAN. Section 18: Acres. NE. 1 of SW. ! of SE. | ; W. \ of SW. | of SE. \; RufusS. Stewart, Cher- i »kee card No. 4691 ... 30. 00 Section 19: NW. I of NW. i of NE. 1 : Rufus S. Stewart, Cherokee card No. 4691 . 10. 00 Section 20: E. h of SE. | of NW. ', : SW. \ of SE. \ of NW. | : Rufus S. Stewart, Cherokee card No. 4691 30. 00 Section 27: N. I of NE. S of SW. i; William T. Cave. Cherokee card No. 9572 20. 00 SE. i of NE. I of SW. S ; E. I of SE. i of SW. \ ; Edward Rogers, Cher- okee card N< >. 4014 30. 00 Section 28: W. J of NW. i of SE. \; John H. Shufeldt, Cherokee card No. 4625.. . 20.00 Section 33: NW.i of SW. ; of NW. 1; John H. Shufeldt, Cherokee card No. 4625 10. 00 SW. I of SW. I of NW. 1; W. \ of W. I of SW. 1: SE. j of SW. \ of SW. J; SE. \ of SW. 1 ; James II. Elliott, Cherokee card No. 4488. . 100. 00 Total : . . 250. 00 TOWNSHIP 'J'.t NORTH, RANGE 15 EAST. INDIAN MERIDIAN. Section 20: E. i of NE. }; E. h of NW. j of NE. \ ; SW. | of NE. ) ; SE. \ ; Fannie Bradford, freedman card No. 1013 300. 00 W. A of NW. ', of NE. i: Bernard D. Burns, Cherokee card No. 3035. 20.00 Section 29: N. I of NE. i; NE. \ of SE. ', of NE. J; Eva J. Brown, Cherokee card N.i. 5015 90. 00 SE.l- of SE. \ of NE. S ; W. \ of SE. \ of NE. \; SW. } of NE. ! ; Mary Lyman, Cherokee card Ni i. 4358 70. 00 Total 480. 00 TOWNSHIP 22 NoUTH, RAMIE 16 EAST. INDIAN MERIDIAN. Section 5: Lot 4; Ida M. Collins, Cherokee card No. 5330 39. 96 Section 10: W. \ of SW. \ of NE. ■; Charles M. McClellan, Cherokee card No. 10152 20. 00 Section 2s : NW. j of NW. \ of SE. \ ; N. .', of SE. j of SW. 1 ; Watt Starr, Cherokee card No. 4889 30. 00 Section 29: X. .', of NE. i of SE. \ ; SW. \ of NE. J of SE. i; S. A of S. '. of NW. ', of SE. h NE. i of SW. ', of SE. 1 : W. h of SE. \ of SE. \; Charles M. Beavers, Cherokee card No. 4, 1l' 70. 00 SE. \ of SAV. \; Walter R. Eaton, Cherokee card No. 4928 40. 00 Section 32: E. h of NW. \; NW. \ of SW. 1 of NE. \; Walter R. Eaton, Cherokee card No. 4928 90. 00 NW. 1 of NE. 1 of NE. 1 ; Charles M. Beavers, Cherokee card No. 4712 10. 00 Section 33: SK. J of NW. ■ of SE. ',; E. \ of SW. \ of SE.J; James Murphy, Cherokee card No. 5292 30.00 Total 329. 96 TOWNSHIP 23 NORTH, RANGE 16 EAST, INDIAN MERIDIAN. Section 6: SK. > of NE. S : NE. j of SK. \ ; E. \ of SE. 1 of SE. \; George A. Mabry, Cherokee card No. D-979 100. 00 206 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Section 8: ***** Lot7; John Dawson, Cherokee card No. D-580 7.92 Section 32: s. \ of NW. j of SW. ', ; SW. | of SW. | ; Ida M. Collins. Cherokee card No. 5330 ' 60. 00 Section 33: SE. \ of SE. ! of NW. ',; Charles M. McClellan, Cherokee card No. 101.M' 10.00 Total TOWNSHIP 24 NORTH, RANGE 16 EAST, INDIAN* MERIDIAN. Section 7: Lot 2; Martin L. Patterson, Cherokee card No. D-435 Section 9: S. \ of NW. ', : Francis M. Dawson, Cherokee card No. D-324 Section 11 : S. \ of NE. 1 of NW. ', ; John H. Patton, Cherokee card No. 4512 . Section 14: W. I of NW. | of NE. ',; John H. Patton, Cherokee card No. 4512. Section 15: Lots 1 and 2; John H. Patton, Cherokee card No. 4512 Total - TOWNSHIP 25 NORTH, RANGE 16 EAST. INDIAN MERIDIAN. Section H: W. \ of NE. | of SE. ',; NW.J of SE.J of SE. ',: William P. Ringo, Cherokee card No. 4498 30. 00 Section 14: NW. \ of SE. 1 of SE. V; NE. \ of SW. \ of SE. j ; William E. Roberts Cherokee card No. 4537 20. 00 Section 24: NE i of SE. | of SE. 1; Alfred C. Cunningham, Cherokee card No. 5320......... 10.00 Section 29: S. J; Pat Flanagan, Cherokee card No. 45 1 7 320. 00 Section 32: NE. \ ; Pat Flanagan, Cherokee card No. 4517 160. 00 Section 34: NE. \ of NE. ',; NE. \ of NW. \ of NE. |; Jolly E. Robinson, Chero- kee card No. 5476 50. 00 Section 35: SW. \ of NW. \ of SE. \; NW. \ of SW. \ of SE. \; Jesse McKnight, Cherokee card No. 5602 30.00 177. 92 36. 78 80. 00 20. 00 20. 00 65. 55 .).).) 33 Total 610.00 TOWNSHIP 26 NORTH, RANGE 16 EAST, INDIAN MERIDIAN. Section 4: SW. \ of SE. \ of NE. \; SE. \ of SW. \ of NE. \\ Ida M. Rowley. Cherokee card No. 4398 20. 00 N. 20.13 acres, lot 4: SW. 10 acres, lot 4; Alfred M. Gott, Cherokee card No. 4515 . 30. 13 Section 5: S. \ of SW. | ; William II. Robinson, Cherokee card No. 5692 80.00 Section 6: Lot 1; F:. 20.05 acres, lot 2; N. \ of SE. \ of NE. ', : ( irant Wolfe, freed- men card No. D-829 80. 17 N.20.05 acres, lot 3; N. 19.72 acres, lot 4; Henry Murrell, freedman card No. I )-7SS ' 39. 77 Section 7: E. \ of NW. i of NE. 1 ; Charles Claggett, freedman card No. D-789. . 20.00 Section 15: NE. \ of SE. j ; Mary E. Rogers, Cherokee card No. 4014 40. 00 W. \ of SE. ',: SE. ','of SE. ',; James Riley. Cherokee card No. 4525.. 120.00 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 207 Section 19: Acres. SE. 10 acres lot 4; SW. |- of SE.£ of SW.i; Madison A. Cessna, Cherokee card No. 4437 20. 00 Section 23: E. * of NE. i of NE. i; NE. \ of SE. } of NE. J; Rufus R. Riley, Chero- kee card No. 4526 30. 00 NE. i of NW. | of NE. \; W. £ of NW. \ of NE. J; James Riley, Chero- kee card No. 4525 30. 00 SW.iofNE.i of NE. >,: SE. .', of NW. i of XE.J; E. \ of S\V. \ of NE. }; W. A of SE. J of NE. \\ SE. } of SE. \ of NE. \ ; E£. of NW. \ of SE. J; NW. i of SE. | of SE. 1 ; Atwood T. Riley, ( !herokee card No. 4432 - 100. 00 Section 26: E. * of SE. | of NE. J ; Susan Tucker, Cherokee card No. 7374 20. 00 Section 29: SW. \ of NE. \ of NE. \ ; William L. Cowart, Cherokee card No. 555. 10. 00 Section 30: SW. \ of NE. ! of NW. ',; lot 1; Madison A. Cessna, Cherokee card No. 4437 50. 37 Sect inn 32: NW. ! of SE. \ of NW. \ ; X. \ of SW. j of NW. \\ William L. Cowart. Cherokee card No. 555 30. 00 NE. \ of SE. \ of NW. | : S. \ of S. i of NW.J; James F. Dale, Chero- kee card No. 45S4 50. 00 Total 770. 44 TOWNSHIP 27 NORTH, RANGE 16 EAST, INDIAN MERIDIAN. Section 6: Lot 3, less 2.50 acres occupied by town site of Lenapah; lots 4, 5, 6, and 7: W. I of SE. j of NW. | ;' W. } of E. J of SE. J of NW. \ : W. \ of NE. J of SAW ! ; W. 1 of E. \ of NE. \ of SW. -\; SE. \ of SW. | ; Robert L. Owen, Cherokee card No. 5599 293. 75 Section 13: NW. \ of SW. 1 of SW. ); Addison M. McCaleb, Cherokee card No. 4434 10. 00 Section 17: SW. 1 of SW. I; Henry Murrell, freedman card No. D-788 40. 00 Section 23: NW. \ of NE. ] of NE.J; Emma Henderson, freedman card No. 1056 10.00 Section 27: N. A of N. I of NE. 1 : SE. | of NE. j of NE. } ; William Fisher, Chero- kee card No. 1047 50. 00 Section 29: NE. \; Benjamin F. Robins, Cherokee card No. 4044 • 160. 00 Section 30: X. ^ of NE. 1; N.i of SW. \ of NE. \: SW. \ of SW. } of NE. i; Mont- gomery F. Canada, Cherokee card. No. 4375 110.00 Section 31: SE. 1 ; Grant Wolfe, freedman card No. D-829 160. 00 Section 32: W. I of SW. | ; Grant Wolfe, freedman card No. D-829 80. 00 Total 913. 75 TOWNSHIP 23 NORTH. RANGE 17 EAST, INDIAN MERIDIAN. Section 3: W. \ of SW.] of NW. ',; X. \ of NW. \ of SW. ]: NE. \ of SW. j NE. j of SE. \ of SW. ',: Ellis Leek, Cherokee card No. 5463 90.00 Section 4: N. 21.83 acres lot 1: N. 21.81 acres lot 2; William F. McSpadden, Cherokee card No. 5443 43. 64 E. i of SE. J of NE.J; N. £ of NE. J of SE. }; Ellis Beck, Cherokee card No. 5463 40. 00 T< ital 173. 64 208 ALLOTMENT OF LANDS TO DELAWARE INDIANS. TOWNSHIP _'l NORTH, RANGE IV EAST, INDIAN MERIDIAN. Section ■">: Acres. Lota 1 and 2; William Roberts, Cherokee card No. 4537 85. L8 Section 7: SE. | of X\V. ',; lots 2, 3, and 4; E. ■'. of SW. ',; Littlejohn, Cherokee card No. 9302 231.78 Section L5: E. \ of SW. | of NW. | ; NE. | of NW. ', of SW. | ; Felix Nelems, Cher- okee card No. 5554 30. 00 Section 17: SW. | of NE. ! of NW. ',; SE. j of NE. | of SW. ', : W. \ of NW. | of SW. i ; S. ■'. of SW. j ; S. .', of S. \ of SE. | ; Tom Lewis. Cherokee card No. D-571 160. 00 Section 18: N. I of N. ■', of N E. | ; NE. 1 of NE. \ of NW. | : < iharles H. Bacon, Cher- okee card No. 5070 50. 00 NW. \ of NE. \ of NW. |; Littlejohn, Cherokee card No. 9302 10. 00 Section 20: N. A , ,i N E. i ; NW. \ ; Tom Lewis, Cherokee card No. D-571 240. 00 Section 21: SW. \ of N W. i-; Tom Lewis, Cherokee card No. D-571 40. 00 Section 27: S. I of SE. £-; David Taylor, Cherokee card No. 5494 . .. . , 80. 00 Section 32: W. h of NW. j of NW. | : Jesse Cochran, Cherokee card No. 5684 20. 00 SK.'i of NE.J of NW. 1; SE. j of NW. j of NW.J; N.J of SW. | of NW. j ; SE. | of SW. | of NW \ -; SE. \ of NW. i ; John R. Mcintosh, Cherokee card No. 5430 90.00 s\V. 1 of NE. 1 of NW. \; Jane Byrd, Cherokee card No. 5432 L0. 00 Section 35: SE. I of NE.l; S.* of SW.l of NE.J; NW. } of SE. i; Lafavette A. Byrd, Cherokee card No. 5450 100. 00 Total 1, 146. 96 TOWNSHIP 25 NORTH, RANGE 17 EAST, INDIAN MERIDIAN. Section 20: S. h of XE. \ of SE. J ; Frank R. Gourd, Cherokee card No. 6085 20. 00 Section 21 : NE. !■ of SE. 1 of NW.i; W. \ of SE. \ of NW. \\ Catherine Henrv, Cherokee card No. 5499 30. 00 Section 28: SE. j of SW. \ ; William < f. Milam, Cherokee card No. 5422 40. 00 Section 30: N. \ of SE. i of NE. \ ; James G. Mehlin, Cherokee card No. 5521 20. 00 W.J of SE. ', of NW. ', ; Alfred C. Cunningham, Cherokee card No. 5320 20.00 Section 32: SW. | of SW. S of N E. S ; SE. \; E. J of E. * of SW. | : SW. ', of SE. \ of SW. ',; William E. Roberts, Cherokee card No. 4537 220.00 Section 33: NE. S of NE. 1 of NW. | ; William G. Milam, Cherokee card No. 5422. 10.00 Total 360.00 TOWNSHIP 26 NORTH, RANGE 17 EAST, INDIAN MERIDIAN. Section 9: SW. j of SW. 1 of NE. !; Israel Martin, Freedman card No. D-307... 10.00 Section 10: NE. 1 of NW. | of NW. ', ; W. \ of NW. ! , of NW. ', ; Charles Brown, Freedman card No. I >-952 30. 00 Section 20: SE. j of SE. i of NE. ',; James Chaney, Cherokee card No. 4393 10.00 ALLOTMENT OF LANDS T<> DELAWARE INDIANS. 209 Section 29: Acres. S. * of NE. } of SW. h SE. I of SW. }; E. .1 of SW. | of SW. | ; Mary Eden Eli, Cherokee card No. 9746 80. 00 Section 32: NW. | of NE. | of NW. I; Mary Ellen Eli, Cherokee card No. 9746 .. 10. 00 Total 140. 00 TOWNSHIP 27 NORTH, RANGE 17 EAST. INDI iX MERIDIAN". Section 6: S. 20 acres lot 1 ; William E. Foster, Cherokee card No. 3316 20. 00 W. 20.06 acres lot 2; lots 3 and 4; Martha E. Connor, Cherokee card No. D-610 95. 58 Section 8: NW. } of NE. }of SE.}; NW} of SE};" Ellis Vann, Cherokee card No. 8233 50. 00 Total 165. 5S TOWNSHIP 28 NORTH, RANGE 17 EAST, INDIAN MERIDIAN. Section 29: NE. J of SW. \ ; W. I of SW. }; W. A of SE. \ of SW. \; NE. j of SE. \ of SW. }; Connor "heirs, Cherokee card No. 10178 150. 00 Section 31: NE. } of NE. \ ; N. 1 of SE. } of NE. J; N. \ of SW. £ of NE. \; Connor heirs, Cherokee card No. 10178 80. 00 S. I of SE. i of SW. ] ; Martha E. Connor, Cherokee card No. D-610 . 20. 00 Total 250. 00 TOWNSHIP 24 NORTH, RANGE 18 EAST. INDIAN MERIDIAN. Section 1: Lot 1; N. h of SE. \ of NE. \; John Harvey, Cherokee card No. 3296. 65. 53 W. h of W. A of SE. i ; Frances Martin, Freedman card No. D-619 40. 00 Section 12: N. I of NE. } ; Nathan Cormicle, Cherokee card No. D-802 80. 00 Total 185. 53 TOWNSHIP 25 NORTH, RANGE 18 EAST, INDIAN MERIDIAN. Section 22: S W. | ; Millard F. Hicks, Cherokee card N< >. 3250 160. 00 TOWNSHIP 15 NORTH, RANGE 19 EAST, INDIAN MERIDIAN. Section 1: S. J of S. \ of lot 1 ; William Davis, Freedman card No. D-14 10. 03 S. I of S. \ of lot 2; NE. } of SW. \ of NE. \ ; W. \ of SW. \ of NE. \; SW. \ of NW. 1 of SF. j : F. \ of NE. \ of SE. }"of SW. \\ James S. Fuller, Cherokee card No. 2002 55. 11 E. h of SE. } of SE. \ of SW. \ ; Nancy E. Berd, Cherokee card No. 2165 . 5. 00 S W. \ of SE. 1 ; diaries E. Willey, Cherokee card No. 1736 40. 00 Section 17: SW. \ of SE. \; Francis B. Fite, Cherokee card No. 13 40. 00 Section 20: NE. ' of NW. } of NE.}; W. \ of NW. } of NE. }; lot 1; Francis B. Fite, Cherokee card No. 13 69. 98 SE. } of NW. } of NE. \ ■ Mary Capps, Cherokee card No. 2218 10. 00 Total 230. 12 S. Doc. 104 14 210 ALLOTMENT OF LANDS TO DELAWARE INDIANS. TOWNSHIP L6 NORTH, RANGE 19 EAST, INDIAN" MERIDIAN. Section 86: Acres NW. | of NW. ', of XK. ',; Jananna Wiliey, Cherokee card No. 6956.. 10.00 S\V. | ,,!' NW. | of XK. ',; E. \ of NE. i of NW. i; Charles W. Wiliey, Cherokee card No. 17:;;) 30.00 NW. j of XK. | of NW.}; Mil.. J. Wiliey, Cherokee card No, L669... 10.00 NE. 10 acres lot 1; Myrtle Wiliey, Cherokee card No. 1669 10.00 W. ■', of S\V. | of SE. ',; Sarah Tyner, Freednian card No. 86 20. on SE. | of SW. | of SE. ', ; James S. Fuller, Cherokee card No. 2002 10.00 Total 90. 00 TOWNSHIP 22 NORTH, RANGE 19 EAST, INDIAN MERIDIAN. Section 20: W. \ of SE. \ of NE. \ : Sarah E. Fincher, Cherokee card No. 2891 ... 20. 00 E. h of SE. I of NE. ! ; E. \ of SE. }; E. h of W. \ of SE. j ; Francis B. Fite, Cherokee card No. 13 140. 00 Section 21 : S. \ of NE. \ ; SE. 1 of NW. \ ; W. \ of NW. | ; SW. \; N. \ of SE. \ ; Francis B. Fite, Cherokee card No. 13 440. 00 Section 22: NE. \ of SW. \ of NW. \ ; Simon McKinzev, Cherokee card No. 7578. 10. 00 SE. | of SW. } of NW. \ ; W. •] of SW. } of NW. \ ; NW. i of SW. \ ; Francis B. Fite, Cherokee card No. 13 70. 00 Section 28: NW. }; N. \ of N. \ of SW. }; Francis B. Fite, Cherokee card No. 13 . 200. 00 Section 29: E. h of NE. }; E. \ of NW. \ of NE. }; N. * of NE. \ of SE. J; Francis B. Fite, Cherokee card No. 13. . 120. 00 Total 1, 000. 00 TOWNSHIP 23 NORTH. RANGE 19 EAST. INDIAN MERIDIAN. Section 4: s. I , »f SE. | ; Francis B. Fite, Cherokee card No. 13 80. 00 Section 9: EA; E. i of NE. } of NW. J ; SW. \ of NE. } of NW. \; SE. \ of NW. \; Francis B. Fite. Cherokee card No. 13 390. 00 NW. \ of NE. \ of NW. \; Julia Billingslea, Cherokee card No. 10209 10. 00 Section 16: W. ) of NE. 1; S. I of SW. 1; Francis B. Fite, Cherokee card No. 13. 160.00 Section 17: E. * of SE. I; William A. Hancock, Cherokee card No. 2620 SO. 00 Section 20: NE. 1 of NE. I; N. J of SE. \ of NE. \; George Clark, Cherokee card No. 3142 60. 00 Section 21: NW. } ; SE. \ of NE. \ ; E. \ of SE. | ; SW. j of SE. \\ Francis B. Fite, Cherokee card No. 13 320. 00 Section 22: W. \ of SW. j of NE. ',: S. \ of NW. ', : SW. ', : W. \ of W. \ of NW. ', of SE. ! : Francis B. Fite, Cherokee card No. 13 270. 00 Section 27: W. \ of W. \ of NW. \ of SE. 1 : < teorge W. Poplin, Cherokee card No. 3123 10.00 W. .'. of ]•;..', of NW.}; W.. 1 , of NW.*; Francis B. Fite, Cherokee card No. L3 120.00 Section 28: NE.}; Francis B. Fite, Cherokee card No. 13 160.00 Total 1 . 660. 01 1 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 211 TOWNSHIP 24 NORTH, RANGE 19 EAST, INDIAN MERIDIAN. Section 4: Acres. N. h of SW. \ : Jesse Reese, Freedman card No. 705 80. 00 SE.iofSE.i of SW.i; 8. i of SW.Jof SW. 1; Malinda Secondine, Cherokee < ard No. 3243 30. 00 Section 5: NKiofNE.} of SE.i; W. * of NE. J of SE. \ ; Martha M. Smith, Cherokee card No. 3356 30. 00 SE. \ i if SE. \ ; Malinda Secondine, Cherokee card No. 3243 40. 00 Section 6: Lots 6 and 7; Thomas Fox, Cherokee card No. 3468 80. 24 Section 8: NE. \ of NE. \; N. * of SE. \ of NE. ]-; Malinda Secondine, Cherokee card No. 3243 60.00 S. i of SE. \ of NE. 1 ; Charles Hawkins, Cherokee card No. 5452 20. 00 Section 9: s\V. J of NE. \ of NW. i ; W. \ of NW. | ; NW. \ of SE. \ of N\V. \; Ma- linda Secondine. Cherokee card No. 3243 100. 00 E. h of SE. 1 of NW. 1 : SW. \ of SE. \ of NW. \ ; Fred Rame, Cherokee card No. 3242 30. 00 Section 36: NW. \ of NW. \; Lora B. Thompson, Cherokee card No. 3291 40. 00 SW. | of SW. J; John Cox, Cherokee card No. 4124 40.00 Total 550. 24 TOWNSHIP 25 NORTH. RANGE 19 EAST. INDIAN MERIDIAN. Section 29: N. \ of N. \ of SE. \ : X. A of SW. i ; William C. Hampton, Cherokee card No. 291 6 120. 00 S. \ of SW. \ of SW. i ; William Williams, Cherokee card No. 3182 . . . 20. 00 Section 32: N. \ of NW. 1 of NW. 3 : William Williams, Cherokee card No. 3182. . 20. 00 S.JofN. JofNW. \; SW. ^of NW. \ of NE. \; W. h of SW. \ of NE. \ : NW. £ of NW. \ of SE. \; N. \ of SE. \ of SW. ', ; William L. Harlin, Cherokee card No. 3190 100. 00 SE. J of NE. 1 of SE. 1 : E. \ of SE. | of SE. \ : SW. \ of SE. \ of SE. \\ Joel E. Herod, Cherokee card No. 2819 40.00 Total 300. 00 TOWNSHIP 28 NORTH. RANGE 19 EAST. INDIAN MERIDIAN. Section 1: Lots 1 and 2; N. J of S. \ of NE. \; George W. Seisel, Cherokee card No. 5660 58. 44 Section 14: S. * of SW. 1 of NW. \: W. \ of NE. \ of SW. ]; Joseph C. Land, Cherokee card No. 3968 40. 00 Section 23: S. I of N. h of NE. ! : N. i of S. *; N. h of SE. J of SE. J; Joseph C. Land, Cherokee card No. 3968 220.00 Total 318. 44 TOWNSHIP 29 NORTH. RANGE 19 EAST. INDIAN MERIDIAN. Section 36: E. * of NE. J; Francis A. Meek, Cherokee card No. 6522 80. 00 SE. i of SE. \ of NW. \; W. * of SE. \ of NW. \: W. j| of NW. \: SW. 5: George W. Seigel, Cherokee card No. 5660 270.00 Total 350. 00 212 ALLOTMENT OF LANDS TO DELAWARE INDIANS. TOWNSHIP 15 NORTH, RANGE 20 EAST, INDIAN MERIDIAN. Section 6: Acres N.20.07 acres lot 3; lot 4; William Davis. Freedman card No. D-14.. 56.56 W. I of SW. | of SW. 1 of NK. |: SE. ', of SE. | of NW. ', ; N. \ of NE. 1 of s\\'. \. less 2.50 acres occupied by national cemetery; Wal- ter Scott, Cherokee rani No. L699 32.50 Total 89. 06 TOWNSHIP 10 NORTH. RANGE 20 EAST. INDIAN MERIDIAN. Section 30: NW. 1 of SE. ',; NE. ', of SW. ', ; NW. \ of SE. | of SW. £; Henry Eif- fert, Cherokee card No. 2307 90.00 Section 31: W. * of W. \ of NE. I; E. \ of NW. \ ; E. 20 acres lot 2; Nancy E. Berd, Cherokee card No. 2165 140. 00 NE. | of SE. 1 of N E. \ ; Mike Fields, Freedman card No. 454 10. 00 SE. | of SE. \ of NE. i; W. ] of SE. £ of NE. }; E. J of SW. \ of NE. j ; Jennie Beck, Freedman card No. 363 50. 00 Total 290. 00 TOWNSHIP 24 NORTH. RANGE 20 EAST, INDIAN MERIDIAN. Section 19: S. I of SE. \ of NE. \; Johnson Landrum, Cherokee card No. 3785. . . 20. 00 Section 30: E. \ of NW. \; E. 20 acres lot 1; W. 15.99 acres lot 1, less 10.99 acres occupied by town site of Big Cabin; lot 2; Andrew M. Trout, Cher- okee card No. 3058 140. 95 Section 31: E. \ of NW. \; Edna J. Trout, Cherokee card No. 3425 80. 00 Total 240. 95 TOWNSHIP 25 NORTH, RANGE 20 EAST, INDIAN MERIDIAN. Section 27: NW. £ of NW. \ of NW. \; Edward L. Halsell, Cherokee card No. 4709 10. 00 Section 28: NE. \ ; Edward L. Halsell, Cherokee card No. 4709 160. 00 Total 170. 00 TOWNSHIP 28 NORTH. RANGE 20 EAST, INDIAN MERIDIAN. Section 6: Lot 1; S. 20 acres lot 2; NW. \ of NW. \ of SW. ]; Alexander M. Anderson, Cherokee card No. 4067 77. 56 Section 7: SE. \ of NW. \ ; Albert V. McGhee, Cherokee card No. 4491 40. 00 SW. 9.30 acres lot 2; Pressley B. Kinnison, Cherokee card No. 4005. 9.30 Total 126. 86 TOWNSHIP 23 NORTH, RANGE 21 EAST. INDIAN MERIDIAN. Section 10: l.uts 1, 4, and 5; T. Wyman Thompson, Cherokee card No. 3974 61. 70 Section 11: Lots 3, 4, 5, and 6; S. \ of NW. ', ; N. \ of SW. 1 : W. \ of NW. i of SE. i; SE. \ of NW. \ of SE. \; T. Wyman Thompson, Cherokee card No. 3974 ' 309. 60 Total 371.30 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 213 TOWNSHIP 24 NORTH, RANGE 21 EAST, INDIAN MERIDIAN. Section 9: Acres. N. £ of N. \ of SW. \\ SE. \ of NE. \ of SW. |; James H. Harman, Cherokee card No. D-476 50. 00 Section L5: SE. \ of NW. \\ N. A of SW. \ of NW. j ; Sarah E. Collins, Cherokee card No. 3790 60. 00 SE. \\ E. \ of SW. 1; John I. Hawkins, Cherokee card No. 3679 240. 00 Section 17: SW. \ of NE. \ of SE. i; James T. Woodall, Cherokee card No. 3415. . 10. 00 Section 22: N. * of NE. \; NE. \ of NW. \; John I. Hawkins, Cherokee card No. 3679 120. 00 NW. 1 of SW. \; Spencer Landrum, Freedman card No. 743 40.00 S. * of SW. i; W. I of SW. \ of SE. \ • SE. \ of SW. \ of SE. ]; Rohert L. Scott, Cherokee card No. 27 110. 00 E. I of SE. J ; Stan Miller, Cherokee card No. 381 1 80. 00 Section 25: SW. J of SE. \ of SW. \- S. i of SW. S of SW. |; William H. Ward, Cherokee card No. 4169 30. 00 Section 26: S. I of SE. J of SE. 1 ; William H. Ward, Cherokee card No. 4169 ... 20. 00 Section :>">: S. I of NE. \ of SW. J; SW. \ of NW. J of SE. J; James D. Yost, Cherokee card No. 3552 30. 00 NE. 1 of NE. 1: N. h of SE. | of NE. ] ; SW. | of SE. | of NE. fc; William H. Ward, Cherokee card No. 4169 70. 00 Section 36: N. 1 of NW. ! of NW. |; William H. Ward, Cherokee card No. 4169. 20. 00 Total 880. 00 TOWNSHIP 22 NORTH. RANGE 22 EAST. INDIAN MERIDIAN' Section 21: E. h ; Sterling Colston, Cherokee card No. 9585 320. 00 Section 22: S. i of NE. i; E. * of NW. }; NW. \ of NW. \; N. I of SW. \ of NW. 1; SE. | of SW T . | of NW. \; Milton K. Thompson, Cherokee card No. 17 230. 00 SW. ', of SW. | of NW. 1; Sterling Colston, Cherokee card No. 9585. 10.00 SW. \; W. \ of SE. \; Robert D. Blackstone, Cherokee card No. 7033 240. 00 E. I of SE. |; Pleasant N. Blackstone, Cherokee card No. 7012 80. 00 Total 880. 00 TOWNSHIP 25 NORTH, RANGE 22 EAST, INDIAN MERIDIAN. Section 35: SE. \ of SE. \ of SE. \\ W. \ of SE. \ of SE. ]-; George A. Country- man, Cherokee card Ni i. 2960 30. 00 Section 36: NW. \ of SW. \ of NW. \\ George A. Countryman, Cherokee card No. 2960 10. 00 E. \ of SE. \ of SW. i; John R. Hastings, Cherokee card No. 5830.. 20.00 Total 60. 00 TOWNSHIP 26 NORTH. RANGE 23 EAST. INDIAN MERIDIAN. Section 7: S. \ of S. \ of NE. \\ Richard Sarasas, Cherokee card No. D-2846 40. 00 Section 23: SE. i; William P. Randall, Cherokee card No. R-645 160. 00 Total 200. 00 214 ALLOTMENT OF LANDS TO DELAWARE INDIANS. TOWNSHIP 11 NORTH, RANGE 24 EAST, INDIAN MERIDIAN. Section 73 182 None None None. None. None. None. None. None. None. Joseph Powell: X iofSW ' of SE. 1 7 12 1 1 31 31 29 31 31 19 30 30 30 30 30 30 30 30 30 30 12 19 19 27 27 25 25 27 27 27 27 27 26 26 26 26 26 26 26 26 26 26 26 26 21 21 14 L3 13 13 13 13 13 .:: 13 13 13 13 13 13 13 13 13 13 13 13 12 13 13 20.00 10.00 \ w ■ Hi x w 1 1 if sw. ; James Jackson: 30 00 12 39.91 in. (Hi -W ' of NW 'of Eliza J. Rogers: 79 91 13 10.00 14 Lillie Rogers: 3W of NE ' of 40.00 40.00 \F ' i',' SW ' Oi Arthur M.Rogers; \\V ' of NE J of 15 40.00 41.28 Nellie Knipe: NW 'ofSW ' hi SE. i 81 28 16 10.00 20.00 20. 00 10.00 10.00 10.00 10.00 E l "of NE | of NE | \ l of SE ' nf NKJ SW ' of sf* ' of NE. ; SE "'*of SW * of NE. } ne. ■: of xw. ; of sk.j Lila K . 398 120. 00 Section 36: N. I of NE. ',; William McEwin, Delaware card No. 96; register No. 398 ^0^00 Total 200.00 TOWNSHIP 25 NORTH, RANGE 12 EAST, INDIAN MERIDIAN. Section 14: S. h of NE. \ -; Julia Bronson, Delaware card No. 79; register No. 100. . . 80. 00 Section 36: E.iof SE.}; E.iof W.JofSKi; NW. } of NW. 1 , of SE. \; Patiacow, Delaware card No. 80; register No. 40. .. 130. 00 Total 21 0. 00 TOWNSHIP 26 NORTH, RANGE 12 EAST, INDIAN MERIDIAN. Section 1: W. I of SE. \ of SW.i; Carrie V. Overlees, Delaware card No. 125; register No. 406 20. 00 Section 13: SW.J of NE. }; W.J of SE.J; E. h of SW.J; BE. J of NW.}; Mary Thursday, Delaware card No. 87; register No. 627 240. 00 E. I of SE. i; Jane Buford, Delaware card No. 98; register No. 814. . 80. 00 Section 24: W. I of NE. \ of NE. }-; NW. \ of NE. \; E. i of NW. \; Mary Thurs- day, Delaware card No. S7; register No. 627 140.00 S. \ of NE. | ; N. i of SE. }; N. J of SE. \ of SE. }; NE. }- of SW. i of SE. J; John Sarcoxie, Delaware card No. 207; register No. 653 190.00 S. h of SE. S of SE. \ ; SE. \ of SW. \ of SE. }; Patiacow, Delaware card No. 80; register No. 40 30. 00 Section 25: NE. \ of NE.i; NE. \ of NW. } of NE. }; Patiacow, Delaware card No". 80; register No. 40 50. 00 SE. \ of NW. \ of NE. }-; E. h of SW. \ of NE. } ; SE. \ of NE. } ; NE. \ of SE. i; E. J of NW. } of SE. \\ Carrie V. Overlees, Delaware card No. 125; register No. 406 130. 00 Total 880. 00 TOWNSHIP 27 NORTH, RANGE 12 EAST, INDIAN MERIDIAN. Section 1: Lot 1: NE. j of SE. j of NE. \; Mary Washington, Delaware card No. 198; register No. 61 *. 50.90 NW. \ of SE. ) of NE. ]; N. \ of SW. j of NE. \: SW. .', of BW.-J of NE. ',; SE. | of NW. \\ lots 2 and 3; John Young, Delaware card No. 74; register No. 219 160. 76 SE. ! ofSW. j of SE. !; W. \ of W.I of SE. ', ; E. \ of SW.J; SW. } of SW. i; SW. ! of NW. \ of SW.J; John Yellow jacket, Delaware card No. 141); register No. 4:;7 180. 00 SW. \ of NW. 1; N. J of NW. \ of SW. j: SE. 1 of NW. ) of SW.J; Frenchman, Delaware card No. 85; register No. 376 70.00 Lot 4; Frank Frenchman, Delaware card No. 146; register No. 378... 40.67 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 217 Section 2: Acres - Lot 1; Frank Frenchman, Delaware card No. 140; registerNo. 378 40. 76 E. A of SE. £ of NE. ] ; Frenchman, Delaware can! No. 85; register No. 376 20. 00 NW. 10.38 acres of lot 2: lot 3; Thomas Buffalo, Delaware card No. 117; register No. 711 (?) 31. 10 SW. \ of SW. I of NE. 1 ; 8. 10.22 acres of lot 4; Widow J. Easy, Dela- ware card No. 133; register No. 4(>2 20. 22 Section 12: \Y. \ of NE. I; N. \ of NW. \ of SE. \\ NE. \ of NE. \ of SW. | ; E. \ of NW. \; NE. \ of SW. \ of NW. 4 ; E. i of NW. \ of NW. |; NW. | of XW.-j of NW.J; John Yellowjacket, Delaware card No. 149; regis- ter No. 437 '. 230. 00 Total 843. 60 TOWNSHIP 28 NORTH, RANGE 12 EAST, INDIAN MERIDIAN. Section 12: S. \.oi SE. \ of SW. 1; William Wilson, Delaware card No. 184, reg- ister No. 136 20. 00 Section 13: SE. \ of SE. \ of NE. \\ W. \ of SE. \ of XE. \; SW. \ of XE. £ of NE. \\ SW. i of NE. |; S. I of NW. \ of XE. j; NW. \ of NW. | of NE. i; X. .', of SF. |: X. J of S. \ of SE. J; XE. 1 of SE. } of SW. \; W. j of SF. | of SW. \; SW. j of SW. }; X. J of SW. \ ; E. § of NW. h E. | of SW. \ of NW. ',: SF. ', of NW. | of NW. \ : Wil- liam Wilson, Delaware card N< >. 184; register Xo. 136 490. 00 S. J of S. } of SF. \\ SE. | of SE. \ of SW. 5; Thomas Buffalo, Dela- ware card No. 117; register No. 711 (?) 50. 00 NE. \ of NW. 1 of NW. i; W. 3 of W. \ of NW. i; Frank French- man, Delaware card No. 146; register No. 378 50. 00 Section 14: N. \ of NE. \; SE. \ of NE. \; NE. \ of SW. 1 of NE. \; Frank Frenchman, Delaware card No. 146 ; register X< >. 378 130. 00 S. J of SW. |- of NE. }; NW. j of SW. \ of XE. ]; William Wilson, Delaware card Xo. 184; register Xo. 136 30. 00 Section 24: SW. 1 of SW. \ of XE. \; W. j of XF. \ of NW. \\ XW. 1 of XW. \ ; William Wilson, Delaware card Xo. 184; register Xo. 136 70. 00 X. I of NE. ',; X. \ of S. > of NE. | ; SW. } of SE. \ of NE. J; SF. | of SW. | of NE. i; E. A" of XF. \ of XW. *-; Thomas Buffalo, Dela- ware card No. 117; register No. 711 (?) : 160. 00 Section 25: S. I of SE. I of XF. ', ; XF. \ of SF. \ ; W. A of SE. \ of SE. fc E. J of S r W. } of SE. \; XW. 1 of SW. \ of SF. J; S. A of NW. i of SF. |; XE. | of XW. I of SE. 1; John Young, Delaware card No. 74; reg- ister No. 219 I 140. 00 E. A of SE. ^ of SE. ',; Mrs. Minnie Britton, Delaware card No. 196, register No. 218 20. 00 Section 35: S. I of SW. \ of XF. i ; W. \ of SF. i ; S. 10.12 acres of lot 2; lots 3 and 4; Thomas Buffalo, Delaware card No. 117; register Xo. 711 (?) 150.67 SW. i of SF. \ of SE. ij; Frank Frenchman, Delaware card No. 146; register No. 378 10. 00 Section 36: E. A of E. A of XE. |; Mrs. Minnie Britton, Delaware card No. 196; register Xo. 218 40.00 W.j of E. A of XE. 1; F. A of \V. .', of NE. i; SW. $ of SW. J of NE. J; W.J of NW. \ of SF. 1: SW. 1 of SF. i; F. A of XF. j of SW. t; XW. | of NE.Jof SW.i; F. 4 of SE. \ of SW.fc SW. 1 of SF. j of SW.fc SF. ', of SW. -1 of SW. .', ; John Young. Delaware card No. 74; regis- ter No. 219 --- 220. 00 NE. } of SE. i; E. A of XW. ',- of SE. ', ; SF. \ of SE. £•; Mary Washing- ton, Delaware card No. 198; register No. 61 100. 00 SW. j of SW. \ of SW. ;; Frank Frenchman, Delaware card No. 146; register No. 378 10. 00 Total 1, 690. 67 218 ALLOTMENT OF LANDS TO DELAWARE INDIANS. TOWNSHIP 20 NORTH, RANGE 13 EAST, INDIAN MERIDIAN. Section 27: ^ creE E. '. of SW. 1; SE. | of NW. | of SW ',; John Bullette, Delaware card No. 319; register No. 902 - do. no Section 30: Lots 1, 2, 3, and 4; George Bullette, Cherokee card No. 325; register No. 472 , 141.68 Section 31: Lot 1; X. 17.67 acres of lot 2; George Bullette, Delaware card No. 325; register N< >. 472 53. 04 Section :!4: NE. ', of NW. !: X. I of SE. 1 of NW. \ ; John Bullette, Delaware card No. 319; register No. 902 60. 00 Total 344. 72 TOWNSHIP 21 NORTH, RANGE 13 EAST, INDIAN MERIDIAN. Section 19: W. \ of E. I of NW. 1; W. I of SE. \ of SW. }-; lots 1, 2, and 4; Mary Spybuck, Delaware card No. 182; register No. 882 179. 80 TOWNSHIP 22 NuRTH, RANGE 13 EAST, INDIAN MERIDIAN. Section 18: S. 18.13 acres of lot 1; lots 2, 3, and 4; William Washington, Delaware card No. 137; register No. 829 127. 00 Section 19: Lots 1 and 2; William Washington, Delaware card No. 137; register No. 829... 72.28 Total 199. 28 TOWNSHIP 24 NORTH, RANGE 13 EAST, INDIAN MERIDIAN. Section 16: E. \; SW. i; E. h of NW. \\ SW. \ of NW. ', ; Nancy Caesar, Dela- ware card No. 91 ; register No. 126 600. 00 Section 28: N. \ of NW. 1; Mary White, Delaware card No. 93; register No. 47.. 80.00 Section 30: Lots 1 and 2; William McEwin, Delaware card No. 96; register No. 398. 66. V» * Total - 746. 97 TOWNSHIP 2.". NORTH, RANGE 13 EAST, INDIAN MERIDIAN. Section 2: N. \ of N. \ of SE. 1; NE. \ of NE. \ of SW. \\ John Brown, Dela- ware card No. 162; register No. 523 50. 00 S. \ of S W. i; Amanda Bixler, Delaware card No. 167; register No. 525. 81 1. 1 10 Section 3: SE. I ; SE. | of SW. \ ; S. }, of NE. \ of SW. \ ; N E. | < »f N E. \ of SW. | : John Sarcoxie, Delaware card No. 207; register No. 653 230. 00 of SW. I- of SW. !; NW. [ of SW. \ of SW. ', ; Lizzie Peacock, Delaware card No. 211; register No. 39 30.00 X. \ of NW. \ of SW. j ; SW. \ of NW. | of SW. \ ; Eliza Beaver, Del- aware card No. 148; register No. 480 30. 00 Lots 3 and 4; MaryD. Sarcoxie, Delaware card No. 126; register No. 556. 80. 15 Section 4: Lot 1; N. 20.04 acres of lot 2; SE. 10 acres of lot 2; Mary D. Sarcoxie, Delaware card No. 126; register No. 556 70. 12 NE. \ of SE. |; NE. 1 of SE. ! of SE. ]-; SE. | of NW. \ of SE. \; Eliza Beaver, Delaware card No. L48; register No. 480 60.00 SE. | of SE. ', of SE. 1: W. \ of SE. \ of SE. \ : E. \ of SW. \ of SE. ',; SW. \ of SW. 1 of SE. ',; SE. ', of SE. j of SW. { ; Lizzie Peacock, Delaware card No. 211; register No. 39 70. 00 W. \ of SE. 1 of SW. ', ; SW. j of SW. ',; Mary Bascomb, Delaware card No. 135; reuister N< >. <>77 .- 60, 00 SE. 1 of NE. ! of SW. 1; W. \ of NE. \ of SW. ',; NW. \ of SW. {; Fielding Halfmoon, Delaware card No. 100; register No. 541 70.00 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 219 Section 5: Acres. N.J of SE.£; S. h of NE.}; lot 1; E. 20.01 acres of lot 2; Fielding Halfmoon, Delaware card No. 100; register No. 541 219. 98 Section 7: S. h of SE. i; Fielding Halfmoon, Delaware card No. 100; register No. 541 80. 00 Section 9: NE. i of NE. 1; N. * of SE. \ of NE. | ; SE. | of SE. \ of NE. \; E. h of XW. 1 of NE. \; NW. \ of N\V. \ of NE. \; NE. \ of NE. | of XW. ! ; Lizzie Peacock, Delaware card No. 211 ; register No. 39 110. 00 S. £ of NE. J of SE. ',: SE. ', of SE. ', ; John Sarcoxie, Delaware card No. 207; register No. 653 60.00 W. h of E. i of XW. } ; W. I of XW. ! ; Mary Bascomb, Delaware card No. 135; register No. 677 120. 00 Section 10: XW. } of NE. J; N. - 1 , of SW. | of NE. | ; John Sarcoxie, Delaware card No. 207; register N< ». 653 60. 00 S. hot S. iof NE. i; SE. J; John Brown, Delaware card No. 162; register No. 523 200. 00 W. \ of SW. i of XW. 1; XW. \ of XW. ',; Lizzie Peacock. Delaware card No. 21 1 ; register No. 39 60. 00 Section 11: E. \ of SE. i; E. \ of W. k of SE. i; Amanda Bixler, Delaware card No. 167; register No. 525 120.00 SW. J; S. \ of XW. 1; S. * of XW. \ of XW. 1; Silas Miller, Delaware card No. 164; register No. 381 260. 00 XE. \ of XW. \; N. i of XW. \ of XW. }-; Amanda Bixler, Delaware card Xo. 167; register No. 525 60.00 Section 12: XE. } of NE. i of SW. }; S. h of NE. | of SW. |; S. \ of SW. ] ; XW. j of SW. \; Amanda Bixler, Delaware card No. 167; register Xo. 525. 150.00 Section 13: N. i of S. h of NW. \; N. * of NW. |; Amanda Bixler, Delaware card No. 167; register No. 525 120. 00 Section 14: X. \ of XE. ! ; X. \ of S. \ of XE. j ; XE. \ of SE. \ of XW. \\ SE. \ of NE. ', of XW. \; Amanda Bixler, Delaware card No. 167; register Xo. 525 . . 140. 00 SE. \ of SE. \ of NW. \ ■ W. \ of E. h of NW. }; W. i of NW. \; Silas Miller, Delaware card No. 164; register No. 381 130. 00 Section 15: X. h of X. i of XE. ] ; SW. }; John Brown, Delaware card Xo. 162; reg- ister Xo. 523 00. 00 S. * of XE. \oiSE. ] ; S. hoi SE. \; John Sarcoxie, Delaware card Xo. 207: register No. 653 100. 00 Section Hi: SW. ■ of NE. \ of XE. j : X W. \ of SE. } of XE. J; N. \ of SW. \ of XE. \\ XW. > of XE. i; SE. i of NW. |; S. \ of XE. j of XW. j; NE. \ of XE. \ of XW. \\ Fielding Halfmoon, Delaware card No. 100; regis- ter Xo. 541 150. 00 Section 25: XW. ', of XE. 1 ; Amanda Wilson, Delaware card No. 268; register No. 732 40. 00 E. * of NE. 1 of XW. ! ; XW. | of XE. 1 of X W. \ ; John Marshall, Del- aware card Xo. 370; register No. 401 30. 00 Section 31 : SE. } of XW. \; E. J of SW. i; lots 2, 3, and 4; Patiacow, Del- aware card Xo. 80; register Xo. 40 240. 07 Total 2, 480. 32 TOWNSHIP -Jii NORTH. RANGE 13 EAST. INDIAN MERIDIAN. Section 7: W. \ of XE. 1 of XE. \ ; XW. \ of SE. \ of NE. \\ W. I of XE. \\ SW. \ of XE. 5 of SE. ] ; XW. \ of SE. \\ NE. \ of SW. \\ E. J of XW. | ; lot 1, less 1.38 acres occupied by town site of Bartlesville; lot 2, less 11.06 acres occupied by town site of Bartlesville; lot 3; Arthur Armstrong, Delaware card No. 76; register No. 10 390. 75 SE, \ of NE. \ of SE. |; XE. | of SE. \ of SE. \; Albert AVhiteturkev, Delaware card No. 89; register No. 978 20. 00 220 ALLOTMENT <>F LANDS TO DELAWARE INDIANS. Section 8: Acres s. .', of SW. ',; s. .'. of -V ■' of SW. 1: Alberl Whiteturkey, Delaware card No. 89; register No. 978 120.00 Section 15: SW. J ; S. Jot's. J of XW. ; ; Jefferson D. Sarcoxie, Delaware card No. 351; register No. 296 200.00 Section 16: si-;. \; SE. I of SW. \: SE. i of NE. | of s\V. ', ; Jefferson D. Sarcoxie, Delaware card No. 351; register No. 296 210. 00 Section 17: E. I of SW. }; E. \ of NW. \ of SW. i; NW. | of XW. j of SW. j ; NW. \ ; Samuel Whiteturkey, Delaware ca id No. 192; register no. 80. 270. 00 sw. ; of SW. 1: SW. ! of NW. | of SW. }; Annie Paradee, Delaware raid No. 188; register No. 921 50. 00 Section 18: E. \ of SE. }; Annie Paradee, Delaware card No. 188; register No. 921 . 80. 00 S. \ of NE. } of NE. |; SE. \ of NW. \ of NE. \; S. ) of NE. i; W. \ of SE. }; E. \ of SE. j of SW. }; NW. 1 of SE. \ of SW. }; SE. \ of NE. | of SW. }; Robert Whiteturkey, Delaware card No. 118; ren- ter No. 79, " 2:30. 00 Section 19: E. § of NE. } of NE. }; Annie Paradee, Delaware card No. 188; register No. 921 20". 00 NW. } of NE. 1 of NE. | ; N. \ of NW. } of NE. }; NE. } of NE. \ of N W. }; Robert Whiteturkey. Delaware card No. 118; register No. 79. 40. 00 SE. } of SW. } of NE. }; S. \ of NE. } of SE. \ ; N. \ of SE. } of SE. }; SE. \ of SE. } of SE. }; .Tames Dav, Delaware card No. 209; register No. 623 * 60. 00 Section 20: S W. \ ; James 1 >ay, 1 >elaware card No. 209; register No. 623 160. 00 Section 21 : NE. i ; N. \ of NE. \ of SW. \- E. J of NW. }; Jefferson D. Sarcoxie, Delaware card No. 351 ; register No. 296 260. 00 Section 22: W. \ of NE. }; SE. } of NW. }; E. \ of NE. }.of NW. \ -; Harry Arnold, Delaware card No. 138; register No. 151 140. 00 W. \ of NE. J of NW. 1; W. \ of NW.}; Jefferson D. Sarcoxie. Dela- ware card No. 351 : register No. 296 100. 00 Section 26: W. \\ Jonas Swannock, Delaware card No. 157; register No. 360 320.00 Section 29 : W. ] of SW. \ ; E. i of NW. i ; E. \ of SW. | of NW. j ; SW. \ of SW. \ of NW.}; SE. }"of NW. ] of NW. J; James Wilson, Delaware card No. 144; register No. 599 200. 00 Section 30: SE. ] of SE. \ of NE. 4 ; E. \ of NE. \ of SE. 4 ; SW. \ of NE. } of SE. | ; SE. \ of SE. \; E. A of SW. \ of SE. i; SE. } of NW. \ of SE. }; James Wilson, Delaware card No. 144; register No. 599 110. 00 W. 21.15 acres of lot 1; Patiacow, Delaware card No. 80; register No. 40 21.15 Section 31: NE. \ of NE. 4 of NE. \ ; James Wilson, Delaware card No 144: reg- ister No. 599 10. 00 Section 32: NE. \ of SE. }; NE. } of SE. } of SE. \; W. \ of SE. \ of SE. |: SW. \ of SE. J; S. J of NW. | of SE. \; NE. | of NW. I of SE. \; Julia Bronson, Delaware card No. 79; register No. 100 140. 00 SE. | of SE. \ ofSE. \: Fielding Halfmoon, Delaware card No. 100; register No. 541 10. 00 Section 33: [■].}, of NE.}; N.3 of SW.i of NE.}; S. \ of XW. i of NE.}; NE. 1 of XW. \ of NE. 1 ; NE. 3 of NE. | of SE. | : John Hallock, Delaware card No. 107; register No. 29 140.00 NW. \ of NE. ! of SE. 1 : S. \ of NE.} of SE. \ ; SE. \ of SE. ', ; W. I of SE. J; S. }, of SW. | of NE.}; K. .] of SE. | of SW. ',: SE. | of SE. j of NW.}; Mary D. Sarcoxie, Delaware card No. 126; register No. 556 200. 00 W. \ of SE. S of SW. \; SW. 1 of SW. S: X. \ of SW. i : Fielding Half- mo* m. Delaware card No. 100; register No. 541 140. 00 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 221 Section 34: Acres. NE. | of NE. 1 of NE. 1 ; W. i of E. h of NE. |; W. \ of NE. i; NE. 1 of NE. \ of SW. 1 ; W. \ of NE. j of SW. j; E. * of" NW. £ of S\V. | ; XW. ! of NW.i of S\V.|; NW.}; John Hallock, Delaware card No. 107; register No. 29 350. 00 SE. \; S. \ of SW. | ; SE. \ of NE. 1 of SW. ! ; SW. j of NW. | of SW. ', ; E. £ of SE. \ of NE. 1 ; SE. £ of NE. \ of NE. | ; Mary I). Sarcoxie, Delaware card No. 126; register No. 556 250.00 Section 35: E. •! of NW.J; Jonas Swannock, Delaware card No. 157; register No. 360 80. 00 Section 36: N. i of SE. \\ NW. ! of SE. \ of SE. \; N. J of SW. \ of SE. J; John Brown, Delaware card No. 62; register No. 523 110. 00 ' Total 4,471. 90 TOWNSHIP 27 NORTH, RANGE 13 EAST, INDIAN MERIDIAN. Section 1: S. \ of NE. \; N. \ of SE. J ; N. \ of SE. } of SE. £; SE. J of SE. \ of SE. \ ; NW. | of SE. 1 of SW. '.; SW. j of SW. \; N. \ of SW. 1 ; SE. j of NW. i; S. h of SW. £ of NW. ] ; William McEwin, Delaware card No. 96; register No. 398 380. 00 N. h of SW. ' of NW. I; lots 3 and 4; James Shaw, Delaware card No. 345; register No. 580 101. 20 Section 2: SW. ! of SE. ! of NE. }; N. i of SE. } of NE. J; SW. \ of NE. J; SW. ! of NW. \: NW. ! of NW. | of SE. \; lots 1,2, 3, and 4; James Shaw, Delaware card No. 345 ; register No. 580 283. 32 NE. } of SE. i; S. \ of SE. J; S. ] of NW. \ of SE. J; NE. \ of NW. \ of SE. \\ SE. \ of SE. \ of NE. \\ William McEwin, Delaware card No. 96; register No. 398 160. 00 Section 3: NE. \ of NE. \ of SE. 1; James Shaw, Delaware card No. 345; register No. .580 10. 00 SE. j of NE. \ of SE. j : W. \ of NE. \ of SE. \\ NW. \ of SE. \; S. A of NE. [; E. \ of SE. | of NW. \\ lots 1 and 2; E. 20.50 acres of lot 3; NE. | of NE. \ of SW. 1; Sophia Gordon, Delaware card No. 116; register No. 446 282. 33 SE. \ of NE. \ of SW. \\ W. \ of NE. \ of SW. }; S. i of SW. \\ NW. ', of SW. i ; W. -V of SE. \ of NW. | ; SW. j of NW. ', ; W. 20.50 acres of lot 3; lot 4; William Brown, Delaware card No. 194; register No. 2S1 271. 55 Section 4: SW. \ of SW. \ of SE. \; Thomas Buffalo, Delaware card No. 117; register No. 711-(?) 10.00 Section 6: S. \ of SE. \ of NE. \; NE. \ of SE. \; N. \ of SE. \ of SE. J; Jonas Swannock, Delaware card No. 157; register No. 306 (360) 80.00 NW. i of SE. ! of NW. ', ; W. 20.18 acres of lot 3; lots 4 and 5; Mary Washington, Delaware card No. 198; register No. 61 111. 16 Section 7: SE. ' r of NE. i of SE. £; E. i of SE. ] of SE. J; NW. ', of SE. } of SE. ', ; Samuel Williams, Delaware card No. 77; register No. 689 40. 00 Section 8: W. \ of W. I of NE. ',; SW. I of NW. \ of SE. ]; W. ) of SW. \- of SE. 1 : E J, of SW. }; SW. | of SW. ■ ; K. I of N W. \ ; NE. \ of SW. j of NW. i; E. i of NW. ', of NW. J : Samuel Williams, Delaware card No. 77; register No. 689 300.00 Section 9: NW. 1 of NW. \ of NE. J; S A of NW. } of NE. }; SW. \ of NE. \ of NE. J; W. * of SE. £ of NE". i; SW. J of NE. }; W. J of NE. \ of SE. ]; NW. I of SE. i; Thomas Buffalo, Delaware card No. 117; register No. 711 (?) 160.00 Section 10: N. \ of NW. \ of NW. \; William Brown, Delaware card No. 194; reg- ister No. 281 20.00 222 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Section 11: A.crea SE. ! of SW. | of NE. ', ; SE. ', of NE. | of SW. |; SE. | of SW. | of s\V. S; Hannah Webber, Delaware card No. 292; register No. 465. 30.00 NW. 1 of NE. 1 of NE. ',; S. .', of NE. 1 of NE. ', : SE. 1 of NE. ', ; X. .', of SW. j of NE. | : S. J of NW. | of NE. | ; NE. | of NW. \ of NE. ', "; Mary Wilson, Delaware card No. 78; register No. <'22 120.00 Section 12: SW. | of NW. | of NE. ',: W. .', of SW. | of NE. | ; NW. | of SW. \; NW. t; Mary Wilson. Delaware card No. 78; register No. 722 230.00 W. * of NE. £ of SW. 1; Hannah Webber, Delaware card No. 292; register No. 465 20. 00 Section 13: NW. I of SE. \ ; NE. 1 of SW. ) ; W. \ of NW. | ; Hannah Webber, Dela- ware card No. 292; register No. 465 160. 00 Section 15: S. \ of SE. \\ SE. | of SW. j ; E. \ of SW. j of SW. j ; S. \ of NE. { of SW. \ ; Robert Whiteturkey, Delaware card No. 118; register No. 79. 100. 00 NW. \ of SW. ! of SW. »,; NW. S of SW. .',; NW. 1 of NE. \ of SW. \\ Jonas Swannock, Delaware card No. 157; register No. 360 60.00 Section 16: SE. \ of SE. \ of NE. 1 : E. ) of E. \ of SE. J ; SW. \ of SE. \ of SE. j ■ Jonas Swannock, Delaware card No. 157; register No. 360 60. 00 Section 17: W. I of NE. i; E. I of NW. \ ; NE. \ of SW. \ of NW. \;EA of NW. \ of NW.}; NW." 1 , of NW. ' of NW.',; Samuel Williams, Delaware card No. 77; register No. 689 200. 00 NW. I of SW. I; Dutch Whiteturkey, Delaware card No. 168; register No. 77 40. 00 Section 18: E. -h of SE. }; SW. \ of SE. \ ; S. \ of NW. j of SE. |; NW. \ of NW. 1 of SE. J; E. \ of NE. ! of SW. \; SW. \ of NE. \ of SW. }; SE. } of SW.}; S. 20.97 acres of lot 4; Dutch Whiteturkey, Delaware card No. 168; register No. 77 240. 97 Section 21 : S. I of SE.} of SE. .|; SW. .1 of SE. I; SE. \ of SW.}; William H. Shailer, Delaware card No. 173; register No. 338 100.00 Section 22: N.. 1 , ofN.iof NE. |; Robert Whiteturkey, Delaware card No. 118; register No. 79 40. 00 Section 23: NW. i of NE. } of NW. ); Hannah Webber, Delaware card No. 292; register No. 465 100. 00 NE. 1 ,: W. £of NE.}ofSE.}; NW. }of SW. }of SE. }; NW.}ofSE.}; SE. } of NE. I of SW. }; N. i of NE. } of SW. }; SE. \ of NW. \ ; S. * of NE. } of NW. i; NE. \ of NE. \ of NW. \; Eliza Peterson, Delaware card No. 83 ; register No. 705 330. 00 Section 24: W. \ of NE. \ of NW. i; N. h of SW. \ of NW. \; NW. \ of NW. \ ; Eliza Peterson, Delaware card No. 83, register No. 705 80. 00 NE. \ of NE. \ of NW. \\ Hannah Webber, Delaware card No. 292; register No. 455 , 10. 00 Section 25: S. J of N. \ of NE. ! ; N. ■', of SE. ) of NE. \ ; SE. | of SE. \ of NE. \; S"W. | of NE. \ ; NW. \ of NE. ] of SE. 1; S. \ of NW. ', : S. I of N. \ of NW.}; NW. j of NW. | of NW. \; John Kinney, Delaware card No. 84; register No. 696 " 250. 00 Section 26: NE. }; John Kinney, Delaware card No. 84; register No. 696 160.00 Section 27: SW. \ of NE. \ of NE. ',; SE. \ of SE. ] of NE. .', : W. h of SE. } of XK. \: SW. | of NE. 1; SE. 1; E. ^of SW. 1: S. A of SW. ] of SW. 1: NE. ! of SW. j of SW. >; NW. \ of SW. ',: NW. 1; William H. Shailer, Delaware card No. 173; register No. 338 550.00 Section 28: NE. \\ N. \ of N. \ of SE. ',: SE. 1 of NE. \ of SE. ]: E. g of NW. 1: William H. Shailer Delaware card No. 17:;: register No. 338 290.00 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 223 Section 34: Acres. N. I of NE. \; N. \ of SE. £ of NE. \ ; BW. | of BE. \ of NE. J; SW. 1 of NE. 1; N. 1 of SE. 1 of SW. \; E. \ of NW. } of SW. 1; E. * of NW. \; E. A of SW. \ of NW. i ; NW. ', of SW. \ of NW. | ; NW. J of NW. \; William H. Shailer, Delaware card No. 173; register No. 338 340. 00 T« ital area in township 5, 690. 53 TOWNSHIP 28 NORTH, RANGE 13 EAST, INDIAN MERIDIAN. Section 2: E. h of NE. \ of SW. S ; SW. | of NE. \ of SW. } ; S. \ of SW. \\ S. J of NW. \ of SW. 1 ; NW. \ of NW. \ of SW. }; lot 2; N. 19.64 acres of lot 3; Colonel Jackson, Delaware card No. 106; register No. 260 ... 199. 36 Section 3: E. g of E. £ of SE. \; N. 19.56 acres of lot 1; Colonel Jackson, Delaware card No. 106; register No. 260 59. 56 Section 4: E. \ of SW. \; Colonel Jackson, Delaware card No. 106; register No. 260. 80. 00 Section 5: SW. 1 of SW. 1 ofSE. i; SE. i of SE. \ of SW.}; NW. \ of SW. } of SW. 1; SW. i of NW. \ of SW. ]; John Parks, Delaware card No. 195; register No. 715 40. 00 Section 6: SE. }; John Parks, Delaware card No. 195; register No. 715 160. 00 Section 7: W. I of NE. I of NE. J ; N. \ of NW. \ of NE. \> NE. \ of NE. \ of NW. | ; John Parks, Delaware card No. 195; register No. 715 50. 00 S. \ of NW. | of NE. \ ; W. \ of SE. \ of NE. \\ SW. j of NE. J; NW. \ of NE.} of SE. ', ; NW. 1 of SW. j of SE. \\ SW. | of NW.} of SE N. \ of NW. j of SE. | : E. .1 of SW. \ ; SE. j of NW. j : S. \ of NE. J of NW.J; S. 22.36 acres of lot 1; lots 2, 3, and 4; Mary Lee, Dela- ware card No. 1 32 ; register No. 233 425. 12 SE. \ of SE. | of SE. }; Charles Elkhair, Delaware card No. 169; regis- ter No. 634 10. 00 Section 8: E. \ of NE. 1; E. \ of W.i of NE. }; E. \ of SE. 1; SW. \ of SE. i; E. \ of NW. \ of SE. J : Alexander Black, Delaware card No. 108; regis- ter No. 231 260. 00 W.J of NW. | of NE.}; NW. ] of SW. | of NE.}; NE. } of SE.} of NW. }; E. J of NE. } of NW. J; John Parks, Delaware card No. 195; register No. 715 60. 00 SW. \ of SW. } of NE. }; W. J of NW. } of Si-;. j ; E. i of SW. \; N. .! of SW. \ of SW. J : E. A of NW. 1 of SW.|; S. \ of SE. £ of NW. }; XW.i of SE. \ of NW.}; Job B. Parker, Delaware card No. 204; register X. ». 60 180. 00 S. \ of SW. j of SW. }; Charles Elkhair, Delaware card No. 169; regis- ter No. 634 1 . . 20. 00 Section 9: S. \ of NE. ! of NE. J ; SE. \ of NE. \\ E. ) of SW. \ of NE. ', ; NW. | of NE. | ; N. \ of NE. ] of SE. ' : Colonel Jackson, Delaware card No. 106: register No. 260 140. 00 SW. j of NE. 1 of SE. 1 ; W. ] of SE. \ of SE. \ ; W. \ of SE. J; E. \ of SW. 1 : SE. i of SW. \ of SW. ]; John Parks, Delaware card No. 195; register No. 715 200.00 SW. \ of SW. j of SW. 1 ; X. \ of SW. \ of SW. 1 ; NW. \ of SW. S : SW. | of NW. \ : S. \ of NW. j of NW. \ ; Alexander Black, Delaware card No. 108; register No. 231 130.00 Section 10: E. \ of NE. \ of NE. 1 ; NE. J of SE. \ of NE. J; Colonel Jackson, Dela- ware card No. 106; register No. 260 30. 00 S. I of NW. ] of SE. > ; SW. \ of SE. }; E. § of SW. \ : E. A of W. ) of SW. j ; Join; Parks, Delaware card No. 195; register No. 715 180.00 Section 11: N. \ of NE. \ of NW. \ ; W. ] of SW. } of NW. ] ; NW. j of NW. ', ; Colo- nel Jackson, Delaware card No. 106; register No. 260 80. 00 SW. \ of NW.J of SE.}; SW. j of SE. \\ SW. \ : Elizabeth Beaver, Delaware card N< >. 24/ : register No. 821 210. 00 224 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Section 13: A "'- S. I of SE. | oi SE. |: JohnParks, Delaware card No. L95; register No. 715 20. 00 Section 14: NW.Jof XE. ',: NE. | of XW. ',; Elizabeth Beaver, Delaware card No. 247; register No. 821 80.00 S. A of s\V. ', : James W. Gibson, Delaware card No. 143; register N« ». 868 SO. 00 Section 15: SE. | ..I SE. ]; E. \ of SW. j of SE. 1: SW. 1 of SW. | ofSE. \: SE- ] of SE. ', of SW. 1; James \V. Gibson, Delaware card No. 143; register No. 868 80. 00 XW. ) of SE. | : XW. | of SW. j of SE. \ ; XE. \ of SE. \ of SW. j : W. \ of SE. j of SW. 1: XE. | of SW. \; W. \ of SW. ', : William Wilson, Delaware card No. 184; register Xo. 136 200. 00 Section 16: E. \ of E. \ of SE. \ ; William Wilson, Delaware card No. 184; register No. 136 40. 00 W. A of E. \ of SE. ! ; W. I of SE. \\ SW. \\ Charles Elkhair, Delaware card No. "169; register No. 634 280. 00 Section 17: E. h of XE. J : X W. \ of NE. \\ E. \ of SW. \ of XE. ] ; SE. }; E. \ of SE. \ of SW. 1 ; X. ) of XW. 1 -; Charles Elkhair, Delaware card No. 169; register No. 634 400. 00 SW. 1 of SW. | of SW. 1 ; Eliza Elkhair, Delaware card Xo. 128; regis- ter No. 268 10. 00 Section 18: S. \ of S. i of SE. \\ NW. \ of SW. \ of SE. \; Eliza Elkhair, Delaware card No. L28; register No.268 50.00 NE. \ of NE. \ of NE. J; S. A of XE. i of XE. \ ; Charles Elkhair, Del- aware card Xo. li>9; register No. 634 30. 00 W. | of NE. i of NW. ] ; lot 1; Mary Lee, Delaware card No. 132; reg- ister No. 233 63. 83 SW. 11.84 acres of lot 2; X. 21.71 acres of lot 4; William Wilson, Del- aware card No. 184; register No. 136 33. 55 SW. 11.68 acres of lot 4; Thomas Buffalo, Delaware card No. 117; reg- ister No. 711 (?) 11. 68 Section 19: E. \; E. 20 acres of lot 3; Eliza Elkhair, Delaware card No. 128; regis- ter Xo. 268 340. 00 Section 20: XE. 1 of XW. j of NE. 1 ; X. i of NE. \ of XE. \; E. h of SE. i of NE. }; E. A of NE. 1 of SE. | : Charles Elkhair, Delaware card No. 169; reg- ister Xo. 834 70. 00 SW. S of XE. } of SE. |; S. A of SE. }; S. .', of XW. \ of SE. \; SE. \ of SW. \; E. \ of SW. ! of SW. \ ; SE. \ of NW. | of SW. | ; S. \ of NE. \ of SW.l; George Washington, Delaware card Xo. 198; register No. 193 - 200.00 W. h of W. h of SW. • : X. ', of SE. ] of XW. }; E. J of NE. ] of NW. \ ; SW. S of NE. ', of NW. ',; W. i of NW.}; Eliza Elkhair, Delaware card No. 128; register No. 268 170.00 Section 21 : . XE. } of NE.} of XW. }: W. ] of NE. \ of NW. \ ■ W. .', of SE.J of XW. S : S. \ of SE. } of SE. \ of NW. -}-; W. I of NW. \; N. h of SW. } ; N. \ of S. \ of SW. }; Charles Elkhair, Delaware card No. 169; reg- ister No. 634 255.00 Section 'I'l: XE. }; E. \ of NW. \; N. ■'. of SW. > of XW. \\ XW. | of NW. }; James W. Gibson, Delaware card No. 143: register No. 868 300.00 Section 23: X. '. of SW. | of NE. 1; NW. \\ James W. Gibson, Delaware card No. 143; register N< >. 868 180. 1 K) Section 24: NE. \ of XE. I; E. \ of SE. \ of XE. | : E. ] of NE. 1 of SE. j : XE. \ of SE. \ of SE. I; John Parks, Delaware card No. 195; register No. 715. 90. 00 Section 25: S. * of S. h of SW. V; Mary C. Bezion, Delaware card No. 308; register " No. 601 1 40.00 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 225 "', of NE. J; E. A of SW. \ ; E. | of W. * of SW. J; S. \ of SW. J of W. J; NE. J of SW. } of NW. J; Eliza Elkhair, Delaware card No. Section 28: Acres - SW. NW.,, 128; register N< ». 268 - - - - 230. 00 NW. \ of SW. J of NW.J; George Washington, Delaware card No. 198; register No. 193 10. 00 W A of W. i of SWi; Job B. Parker, Delaware card No. 204; register No. 60 ----- 40.00 Section 29: , TTTT , E. I of SE. J; SW. | of SI-:. \ ; E. } of NW. J of SE. j : SW. | of NW. J ofSE.i; S. h of SW. J; SE. J of NE. } of SW. }; W. .1 of NE. | of SW.}; NW.| ofSW. 1; SW. | of SE.Jof NW.J; SK. J of SW. j of NW. j: W. \ of W. A of NW.J; Job B. Parker, Delaware card No. 204: register No. 60 36 °- 00 N. 1 of NE. |; N. h of S. \ of NE. J ; NE. } of NW. | ; N. \ of SE.} of NW.J; NE-J of SW. 1 of NW.J; E. } of NW} of NW. \; George Washington, Delaware card No. 198; register No. 193 210.00 Section 30: EA of NE. } of NW 1 ,: 111; Job B. Parker, Delaware card No. 204; register No. 60 ". '"40. °° NE. J ;' N. 1 of NE. | of SE. | ; NE. I of NW. } of SE. }; Job B. Parker, Delaware card No. 204 ; register N. ». 60 190. 00 NW. \ of NW. } of SE. \ ; NE. | of NE. | of SW. ', ; E. } of NW. | : Lots 1 and 2: Mrs. Minnie Britton, Delaware card No. 196; register No. 9ii> 183. 32 W. £ of E.Yof SW. | : lots 3 and 4; Mary Washington, Delaware card No. 198; register No. 61 12 °- 84 Section 32: . N. h; Job B. Parker, Delaware card No. 204; register No. 60 oZ0. 00 Section 34: SE. }; S. J of SW. }; S. \ of NW. } of SW. }; NE. } of SW . | : SE. } of NW. J; SE.J of NE. } of NW. }; Sophia Gordon, Delaware card No. 116; register No. 446 35 °- 00 Section 35: SW. | of SW.}; Sophia Gordon, Delaware card No. 116; register No. 446 - - - 40 - °° E. J of NE. }; NE. } of SE. \ ; Mary C. Bezion, Delaware card No. 308; register No. 601 - 12 °- 00 Section 36: _ , , „ nnci N \ of SW.J; NW.J; Mary C. Bezion, Delaware card No. 308; register No. 601 ------ - - - - - - 24 °- 00 N.JofN.I of SE. ',: SW.} of NW. } of SE. }; W. i of SW . } of SE. }; James Shaw, Delaware card No. 345; register No. 580 70. 00 Total S> 362 - 26 TOWNSHIP 29 N«»KTH, RANGE 13 EAST. INDIAN MERIDIAN. Section 33: _ , . „ „ e SW.J of SW.J of SW.J; George Bullette, Delaware card No. 325, register No. 472 - - 10. 00 W. A of NE. } ; W. A of NE. } of SE. }; SE. } of SE. }; W. £ of SE. }; SE. } of NW. }; Colonel Jackson, Delaware card No. 106; register No. 260 26 °- 00 Section 34: ^ . S ) of S. .', of SW r . }; Colonel Jackson, Delaware card No. 106; register N( ». 260 . - 40 - 00 Section 36: n ^ T „__, W T 1 of SE. }; Elizabeth Beaver, Delaware card No. 240; register No. 821...! 80 - 00 Total 390 -°0 S. Doc. lMi 15 226 ALLOTMENT OF LANDS T< > DELAWARE INDIANS. TOWNSHIP 22 NORTH. RANGE II EAST, INDIAN MERIDIAN. Section 20: Acres. E. \ of XI-:. 1 ; John Bullette, Delaware can 1 No.319; register No. 902. 80.00 Section 21: W. fcofNW. ',; John Bullette, Delaware rani No. 319; register Xo. 902. 80.00 Total 160. 00 TOWNSHIP 23 NORTH, RANGE 11 EAST, INDIAN MERIDIAN. Section 13: XE. \ of XE. j of SE. \ ■ 8. i of XE. I of SE. \ ; SE. ', of SE. | ; Richard 0. Adams, Delaware card Xo. 104; register Xo. 973 70.00 Section 24: E. i of XE. 1; Richard C. Adams. Delaware card Xo. 104; register Xo. 973 80. 00 Total 150. 00 TOWNSHIP 24 NORTH, RANGE 14 EAST, INDIAN MERIDIAN. Section 11: E. i of SE. |; E. I of W. h of SE. 1; SW. j of SW. \ of SE. \; Horace M. Adams, Delaware card Xo. 105; register Xo. 974 130. 00 Section 12: W. I of E. i of XE. J; W. \ of XE. \; NW. } of XE. | of SE. |-; XE. \ of NW. i of SE. j ; W. \ of NW. £ of SE. J; SW. fc Horace M. Adams, Delaware card No. 105; register Xo. 974 320. 00 E. i of E. \ of XE. i; E. J of XE. \ of SE. i; George F. Smith, Dela- ware card No. 294; register Xo. 879 60. 00 Total 510. 00 TOWNSHIP 25 NORTH, RANGE 11 EAST. INDIAN MERIDIAN. Section 7: SE. \; E. i of E. i of SW. 1; Daniel Anderson, Delaware card Xo. 171 ; register Xo. 470 200. 00 Section 8: NW. I of SE. ]; X. J of SW. | of SE \; SW. ] of SW. £ of SE. \; SW. \; Daniel Anderson, Delaware card No. 171; register Xo. 470.. 230.00 Section 29: S. i of XE. ', ; X. \ of SE. \ ; XE. \ of SW. J; E. \ of NW. I of SW. 1; NW. ]; Simon Secondine, Delaware card No. 310; register No. 896. 380.00 Section 30: XE. \ of XE. \ of XE. {; S. \ of XE. \ of XE. J; SE. | of XE. \; X. 4 of XE. \ of SE. ]; Simon Secondine, Delaware card Xo. 310; reg- ister Xo. 896 90. 00 Total 900. 00 TOWNSHIP 26 NORTH, RANGE 14 EAST, INDIAN MERIDIAN. Section 10: SE. {; SE. \ of SW. 1; E. * of SW. \ of SW. j ; SW. J of SW. \ of SW. \; John R. Willey, Delaware card Xo. 305; register No. 642... 230.00 Section 15: X. \; John R. Willey, Delaware card No. 305; register No. 642 320.00 Section 16: XE. ', of XE. | of SW. S; W. \ of E. \ of SW. ',; W. \ of SW. \: S. h of SW. 1 of XW. ',; NW. 1 of SW. \ of NW. J ; Albert Curleyhead, Delaware card No. LQ1; register No. 703 160. 00 Section 17: Albert Curleyhead, Delaware eard No. 101; register No. 703 640.00 Section 18: E. \ of E. \ of E. \\ W. }, of XE. \ of SE. ]: XW. | of SE. | of SE. \: NE. 1 of SW. ', of SE. | : Albert Curleyhead, Delaware card No. 101 ; register No. 703 " 120. 00 SW. j of SE. j of SE. 1; SE. j of SW. \ of SE. \ ; William J. Easey, Delaware card No. L33; register No. 463 20. 00 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 227 Section 19: Acres. s. I of NE. J; SE. i; E. h of E. £ of SW. }; E. h of SE. 1 of NW. | ; William J. Easey, Delaware card No. 133; register No. 463 300.00 Section 20: W. I of SW. } of NW. \; W. A of SW. | ; William J. Easey, Delaware card No. 133; register No. 463 100. 00 NE. \; E. J of NW. }; E. § of SW. > of NW. J ; NW. I of NW. ', : Albert Curleyhead, Delaware card No. 101 ; register No. 703 300. 00 Section 21: NW. I of NE. i- of NW. } : N. i of NW. \ of NW. \; SW. \ of NW. | of NW. i; NW. \ of SW. | of NW. \; Albert Curlevhead, Delaware card No. 101; register No. 703 50. 00 SE. \ of NE. \ of SW. \; John W. Stout, Delaware card No. 263; register No. 545 10. 00 SW.' | of NE. \ of SW. I; S. I of SW. j ; S. h of NW. | of SW. \; John R. Willey, Delaware card No. 305; register No. 642 110. 00 Section 28: NE. S of NE. i of NW. ',: W. h of E. J of NW. i; W. A of NW. \ ; John R. Willey, Delaware card No. 305; register No. 642 130.00 NE. |; X. i of NE. \ ofSE. }; E. \ of SE. 5 ofNW. \; SE. ] of NE. \ of NW. 1; Stephen A. Miller, Delaware card No. 272; register No. 898 210.00 Section 31 : NW. ] of NE. \ of SW. ]; Edson Washington, Delaware card No. ■">:',; register No. 672 10. 00 N. .. of XW. | of SE. i; John W. Stout, Delaware card No. 263; regis- ter No. 545 20. 00 Total 2, 730. 00 TOWNSHIP 27 NORTH, RANGE 14 EAST, INDIAN MERIDIAN. Section 5: NW. 1 of SE. | of NW. V; SW. 1 of NW. ]; NE. i of NW. \ of SW. ',; W. .1 of NW. j of SW. ',; SW. 10 acres of lot 4; William McEwin, 1 >elaware card No. 96: register No. 398 90. 00 Section 6: Lotsl and 2; S. .1 of NE. \; lots 3 and 4; lot 5: SE. I of XW. \; E. }, ,,f SW. \; Lots 6 and 7; N. \ of SE. \; N. \ of SW. 1 of SE. \: SW. j of SW. \ of SE. ',: William McEwin, Delaware card No. 96; register No. 398 561. 38 Section 7: NW. 1 of XW. 1 of NE. I; N. i of NE. \ of NW. \; SE. \ of NE. ', ; E. i of SW. j of XL. ', ; William McEwin, Delaware card No. 96; regfster No. 398 90. 00 Section 8: S. I of SE. 1 of NE. >: NW. \ of SE. $ of NE. \; SW. i of NE. }: N. .1 of SE. ', of NW. j ; SW. 1 of SE. j of X W. 1 : SW. \ of X W. \ ; SE. j ; William McEwin, Delaware card No. 96; register No. 398 300.00 Sf:. j of SE. i of XW. ',: SW. ', ; Mary Wilson, I >elaware card No. 78; register No. 722 170. 00 Section 9: XW. 1 of SW. I; N. ioi SW. \ of SW. \; SE. j of SW. \ of SW. \; John Yellowjacket, Delaware card Xo. 139; register No. 43/ 70.00 SW. \ of SW. \ of SW. >,; William McEwin, Delaware card No. '.Hi; register No. 398 10. 00 Section 16: W. I of NW. \ of XW. \; shown to belong to William McEwin, Dela- ware card Nc i. 96; register Xo. 398 20. 00 NE. \ of XW. \ of NW. ',; John Yellowjacket, Delaware card No. 149; register No. 437 10. 00 Section 17: N. I of NW. I; Mary Wilson, Delaware card No. 78; register No. 792.. 80.00 Section 19: NE. i of NE. i of SW. i ; S. \ of NE. \ of N W \ ; SE. 10 acres of lot 3; SE. S of SW. ',; Samuel Whiteturkey, Delaware card No. 192; reg- ister No. 80 80. 00 228 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Section 30: Acres - V \ of NE. i: M'.. | of XW. ', ; NE. | of SI-:, j of NW. i; X. ', of SW. | of NE. ',: SE. 1 of SW. | of NE. ', : SE. | of NE. ', ; Samuel Whiteturkey, Delaware card No. L92; register No. 80 200.00 T< »tal 1 , 681. 38 TOWNSHIP 28 NORTH, RANGE 11 EAST, INDIAN MERIDIAN. Section 4: W. \ of SW. j of SE. ',; Elizabeth Beaver, Delaware card No. 247; register No. 821 20.00 Section 5: L.»ts 1, 2, :!. and 4: X. \ of NE. \ of SW. J ; SE. j of NE. | of SW. ', ; X. I of s\V. i of SE. |: XW. 1 of SE. \; W. \ of NE. \ of SE. \; George Fall leaf, Delaware card No. 174; register No. 820 271.76 Section 18: Lot 4; John Parks, Delaware card No. 195; register No. 715 30.04 Section 19: W. .'. of NE. | of XW. ',; lots 1, 2, and 3; N. 15.4:! acres of lot 4; W. l_ of NE. ! of SW. h SE. j of XW. \\ John Parks, Delaware card No. 195; register No. 715 186. 7.". Section 28: X. .1 of S. h X. \ of SW. > of SW. >; SE. 1 ofSW. S of SW. J; SE. | of SW. ): SW." 1 of SE. | ; W. \ of SE. \ of SE. ! : X E. \ of SE. \ of SE. ',; Eliza Elkhair, Delaware card No. 128; register No. 268 300.00 Section 29: SW. 1; John Young, Delaware card No. 74; register No. 215 160.00 Section 33: NE. j of XW. 1; NE. | of XW. \ of XW. \; NE. \ of SE. ', of XW. \; W. I of XL. ', ; XW. j of NE. S of NE. |; Eliza Elkhair, Delaware card No. 128; register No. 268 150. 00 Section 35: XW. \ of XW. S of SW. 1; Hannah Webber, Delaware card No. 292; register No. 455 10. 00 Total 1, 128. 53 TOWNSHIP 29 NORTH, RANGE 11 EAST, INDIAN MERIDIAN. Section 31: S. 19.92 acres of lot 2; lots 3 and 4; E. \ of SW. | ; W. X of SE. \; W. i of NE. ! of SE. ',; S. \ of SE. \ of NE. 1; George Fall leaf, Dela- ware card No. 174; register No. 820 299.78 Total 299. 78 TOWNSHIP 23 NORTH, RANGE 15 EAST. INDIAN MERIDIAN. Section 18: E. \ of SW. \; lots 3 and 4; Richard C. Adams, Delaware card No. 104; register No. 973 162. 09 Section 19: W. £of E. I of XW. ',; lots 1 and 2; Richard C. Adams, Delaware card No. 104; register No. 973 122. 31 Total 2S4. 40 TOWNSHIP 25 NORTH, RANGE 15 EAST. INDIAN MERIDIAN. Section 7: E. J of E. fcofSE. 1; W. \ of SE. | of SE. | : Sallie < >. Smith. Dela- ware card Xi ). 260; register No. 203 60. 00 Section 8: SW. ]; Sallie (). Smith, Delaware cant No. 260; register No. 203 160.00 Section 17: N. I of XW. !; Sallie ( >. Smith, Delaware card No. 260; register No. 203 80. 00 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 229 Section 18: Acres. NE. I of XE. 1; E. I of NW. \ of NE. ', ; Sallie 0. Smith, Delaware card No. 260; register No. 203 60. 00 Total 360. 00 TOWNSHIP 26 NORTH, RANGE 15 EAST, INDIAN MERIDIAN. Section 1: Lots 1 and 2; S. \ of XE. \; E. \ of SE. \; E. \ of W. \oi SE. ]; SE. 10 acres of lot 3; Simon Secondine, Delaware rani No. 310; register No. 896 ' 290. 04 X. 20.05 acres of lot 3; SW. 10 acres of lot 3; X. .1 of SE. \ of NW. j ; Solomon F. Armstrong, Delaware card No. 270; register No. 602... 50.05 S. 20 acres of lot 4; SW. 1 of NW. ',; S. £ of SE. \ of XW. \; SW. 1: W. A of W. I of SE. 1; Alary C. Bezion, Delaware card No. 308; reg- ister N( >. 601 280. 00 N. 20.07 acres of lot 4; George F. Smith, Delaware card No. 294: reg- ister No. 879 20.07 Section 2: X. 20.11 acres of lot 1; lot 2; X. I of SW. j of XE. ',; George F. Smith, Delaware card No. 294 ; register No. 879 SO 28 S. 20 acres of lot 1 ; SE. \ of NE. \; S. \ of S W. | of XE. \ ; SE. ', ; Mary C. Bezion, Delaware card Xo. 308, register Xo. 601 240. 00 S. I of X. .1 of SW. 1; S. I of SW. |; Amanda Wilson, Delaware card Xo. 268; register Xo. 732 120. 00 Section 3: S. I of SF. \; SW. [ of XW. \ of SF. \; SW. \; S. \ of NW. }: SE. 10 acres of lot 3; Amanda Wilson, Delaware card No. 268; register N >. 732 340. 00 Section 4: Lots 1 and 2; S. J of XF. j; SE. \\ Amanda Wilson, Delaware card Xo. 268, register Xo. 732 321. 42 Section 9: F. \ of XF. \: F. \ of W. I of XF. \; XW. \ of XW. \ of XE. \; Amanda Wilson, Delaware card Xo. 268; register No. 732 130.00 Section 10: X. .',; Amanda Wilson, Delaware card Xo. 268; register No. 732 320.00 W. \ of SW. I; W. I of SE. 1 of SW. 1; Julia Brown, Delaware card N( >. 265; register No. 742 100. 00 SE. ! of SF. I of SF. \: John R. Stout, Delaware card No. 271: reg- ister N< >. 400 10. 00 Section 11:. W. i; John R. Stout, Delaware card Xo. 271; register Xo. 460 320.00 F. .', ; Amanda Wilson. Delaware can! No. 268; register No. 732 320.00 Section 12: SE. ■ of NE. \ of XW. ',: W. i of XF. | of XW. \ ; XW. ! of XW. \; X. I of SW. I ; X. i of S. I of SW. }; SW. \ of SW. \ of SW. \; S. \ ofNW. 1: Amanda Wilson, Delaware card Xo. 268; register No.' 732.. 280.00 Section 14: W. \ of XW. J of XE. \; SW. \ of XF, \; XW. \ ; John R. Stout, 1 >ela ware card Xi >. 271 ; register Xo. 460 220. 00 Section 15: F. \ of XE. 1 of XE. 4 L : John R. Stout, Delaware card Xo. 271; regis- ter Xi .. 460 20. 00 W. I of XF. \ of XF. \- XW. \ of XF. \; S. \ of XF. }; X. \ of XW. \ of SF, ', ; XW. ', ; Julia Brown, Delaware card Xo. 265; register Xo. 742 320. 00 Section 26: S. \ of X. \ of SW. |: S. A of SW. \; John R. Stout, Delaware card Xo. 27 1 : register X« >. 460 120. 00 Section 27: XW. j of XW. ! of SF, 1; S. > of X. \ of SF. \ ; S. * of SE. \; E. * of W. .',; E. iofXW. \ai XW. 1; SW. ', of XW. ',;" XW. \ of SW. i: E. I of SW. S of SW. I; XW. i of XL. \ : W. \ of SW. ', of XF, ': John R. Stout, Delaware card Xo. 271; register Xo. 400 470. 00 Section 34: XF, i; John R, Stout, Delaware card Xo. 271; register Xo. 460 160.00 230 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Section 35: A, "'~- NW. i; John R. St. ml. Delaware card No. 271; register No. t60 L60.00 Total 4. 691. 86 Section 33 : s. \ of NE. 1 of SE. | ; SE. | of NW. 1 of SE. 1 ; s. .1 of SE. 1: Amanda Wilson, Delaware card No. 268; register No. 732 110.00 Section 35 : W. \ of W. \ of NE. I ; E. \ of SW. | of NE. ', ; s. \ .,f SE. 1 of NE. 1 ; E. ■'. of SE. ', ; George F. Smith, Delaware card No. 294; register No. 879 L60.00 Section 36 : NW. | Of NW. S of SW. | ; S. I of NW. j of SW. \ ; SW. .■ of SW. \ ; W. \ of SE. \ of SW. i ; George F. Smith, Delaware card No. 294; register No. 879 90. 00 S. & of S. \ of NE. \ ; SE. \ ; E. \ of SE. | of SW. J ; John W. Stout, Delaware card No. 263; register No. 545 220.00 T« »tal 580. 00 290. 00 130.00 233.41 783. 41 TOWNSHIP 28, XoKTH RANGE 15 EAST. INDIAN MERIDIAN. Section 17 : S. 5 of SW. \ ; Frank Lucas, Delaware card No. 274; register No. 515. 80. 00 Section 18 : SE. | of SE. \ ; SE. J of SW. \ of SE. \ ; Frank Lucas, Delaware card No. 274 ; register No. 515 50. 00 Section 19 : E. \ of NE. \; E.£ of W. •', of NE. | : SW. \ of NW. j of NE. \ ; NW. \ of SW. 1 of NE. > ; N. .', of SE. j ; N. I of SE. 1 of SE. \ ; SW. \ of SE. I of SE. J ; SW. ] of SE. | ; Frank Lucas, Delaware card No. 274; register No. 515 Section 20 : N. J of NW. \ ; NW. | of SE. \ of NW. ] ; SW. \ of NW. \ ; Frank Lucas. Delaware card No. 274 ; register No. 515 Section 30 : E. I of NW. \ ; lots 1 and 2; NE. \ of SW. \ ; lot 3; Frank Lucas, Delaware card No. 274 ; register No. 515 Total TOWNSHIP -11 NORTH, RANGE 16 EAST. INDIAN MERIDIAN. Section 5: Lot 3; Lucinda E. Lane, Delaware card No. 323; register No. 375 39.96 Section 28: S. i of SW. i of SE. | ; S. .', of SE. \ of SW. \ ; SW. \ of SW. \ ; John Bullette, Delaware card No. 319; register No. 902 80.00 Section 29: SE. 1 of NE. S of SE. •; E. \ of SE. 1 of SE. ', : S. .', of SW. \ of SE. i; NW. ; of SW. \ of SE. J; John Bullette, Delaware card No. 319; register No. 902 60. 00 Section 32: E. \ of NE. j of NE. ',: SW. | of NE. j of NE. 1; NW. \ of NE. \; E. \ of SW. ! of NE. 1 ; SW. j of SW. \ of NE. | : SE. | of NE. \ ; NE. \ of SE. ',; N. I of NE. j of SE. | of SE. \; John Bullette, Delaware card No. 319; register No. 902 185. 00 Section 33: W. |; W. \ of NE. ',; N. .', of NW. | of SE. }; SW. | of NW. \ of SE. | : W. .', of SW. I of SE. J; John Bullette, Delaware card No. 319; regis- ter No. 902 450. 00 T< >tal 814. 96 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 231 TOWNSHIP 23 NORTH, RANGE 16 EAST, INDIAN MERIDIAN. Section 6: Acres. SW. 10 acres of lot 2; W. \ of SW. \ of NE. i; SE. \ of SW. \ of NE. \; S. 20 acres of lot 3; S. 19.68 acres of lot 4; lots 5, 6, and 7; E. i of SW. I; SE. \ of NW. i; \V. £ of SE. \; W. £ of SE. } of SE. 1; William C. Smith, Delaware card No. 261 ; register No. 205 418. 41 Section 7: E. h of NW. \; lots 1 and 2; William C. Smith, Delaware card No. 261 ; register No. 205 159. 73 Section 8: Lot 9; E. 10 acres of lot 8; E. * of SW. \ of SE. J; SE. \ of SE. \; William C. Smith, Delaware card No. 261; register No. 205 106. 35 Section 28: W. •' of W. |; Lucinda E. Lane, Delaware card No. 323; register No. 37o 160.00 Section 29: NE. \; SE. I of NW. \; N. \ of XE. \ of SW. ]-; X. h of SE. {; NE. I of SW. r of SE. \; SE. i of SE. ]; Lucinda E. Lane, Delaware card Xo. 323; register Xo. 37-~i 350. 00 Section 32: S. \ of N. J of N. h; S. * of X. A; X. \ of XW. \ of SW. \\ W. h of XE. \ of SW. i; SE. i of NE. | of SW. j ; SE. \ of SW. | ; W. .1 of SW. \ of SE. ', ; Lucinda E. Lane, Delaware card No. 323; register Xo. 375. 350. 00 T . >tal 1, 544. 49 TOWNSHIP 24 NORTH, RANGE 16 EAST, INDIAN MERIDIAN. Section 1: NE. 1 of SW. \ of SE. \; Emma J. Campbell, Delaware card Xo. 329; register Xo. 927 10. 00 S. h of SW. \ of SW. \; John E. Ketchum, Delaware card Xo. 378; register Xo. 744 20. 00 Section 2: S. \ of NE. \; NW. I of SE. £-; W. \ of XE. | of SE. i; XE. 1 of SE. \ of SE. |; Henry Armstrong, Delaware card Xo. 301; register No. 874 150. 00 SW. J: Horace M. Adams, Delaware card Xo. 105; register Xo. W74... 160.00 Section 3: XE. 1 of XW. \ of SW. |; W. I of W. \ of SW. \\ Sarah Fields, Dela- ware card Xo. 236; register No. 935 50. 00 Section 4: SE. 1 of XE. I of SE. i; E. i of SE. J of SE. \; Sarah Fields, Delaware card N« >. 236; register Xo. 935 30. 00 Section !»: E. I of XE. I of XE. 1; XE. \ of SE. \ of NE. 1 ; Sarah Fields, Delaware card Xo. 236; register No. 935 30. 00 Section 10: Lots 2. 3, and 4; X. h of XW. \; N. \ of S. i of XW. J; Sarah Fields, Delaware card No. 235; register Xo. 935 ' 207. 54 Section 12: W. I of NE. J; NW. \; N. J of SW. i; N. \ of SW. \ of SW. \; NW. \ of SE. \ of SW. \; John R. Ketchum, Delaware card No. 278; register Xo. 744 1 . . . . 350. 00 EA of SE. \ of SW. |; Richard C. Adams, Delaware card Xo. 104; register Xo. 973 20. 00 S. I of SW. \ of SW. i; SW. \ of SE. \ of SW. \; Horace M. Adams, Delaware card Xo. 105; register Xo. 974 30. 00 Section 13: E.J of NE. \ of XW. I; Richard C. Adams, Delaware card Xo. 104; register No. 973 20. 00 W. \ of XE. \ of NW. i; SE. ] of N W. \; W. * of NW. \\ X. h of SW. J; SW. ', of SW. i; Horace M. Adams, Delaware card No. 105; register No. 974 260. 00 232 ALLOTMENT <>K LANDS TO DELAWARE INDIANS. Section L4: Acres - E. I of E. .'.: E. ■'. of W. ■', of NE. 1; W. .'. of SE. ', ; Horace M. Adams, Delaware card No. 105; register No. 974 280.00 W. -1 of S\V. 1 of NE. ',; s. I of NW. ', ; SW. ', ; Richard C. Adams Dela- ware card No. 104; register No. 973 260. 00 Section 15: S. I of NE. ',; lots 6, 7. and 8; SW. ', of SW. ', ; E. \ of SW. | ; SE. \\ Eorace M. Adams, Delaware card No. L05; register No. 974 441.23 Section 16: Lots 3 and 5; Horace M. Adams, Delaware card No. 105; register N( .. H74 - 21 . 20 Section 21: Lotl; Horace M. Adams, Delaware card No. 105; register No. 974 ... L5.33 Section 22: N. h of NW. J ; Horace INI. Adams, Delaware card No. 105; register No. 074 80. 00 Section 23: NE. ',: Horace M. Adams, Delaware card No. L05; register No. 074 160.00 Section 24: NW. 1 of NW. 1; N.J of SW.J of NW. i; SW. \ of SW. \ of NW. ', ; Horace M. Adams, ] telaware card No. 105; register No. 974 70. 00 Total 2, 605. 30 TOWNSHIP 25 NORTH, RANGE 1(1 EAST. INDIAN MERIDIAN". Section 4: SW. i ; John Q. Conner, Delaware card No. 246; register No. 283 160. 00 Section 5: E. \ of SE. \ ; John Q. Conner, Delaware card No. 246; register No. 283 . 80. 1 II I Section 7: E. h of NE. i; Benjamin Conner, Delaware card No. 243; register No. 319 .' - ----- 80. 00 Section 8: W. .', ofNW. 1; NW. i of SW. \; Benjamin Conner, Delaware card No. 243; register No. 319 120. 00 Section 24: N. \ of SW. \ Of SE. \; Carrie Bratcher, Delaware card No. 304; reg- ister No. 213 20. 00 S. \ of SE. \ of SE. I; William W. Nicholas, Delaware card No. 295; register No. 90 20. 00 Section 25: E. \ of NE. ! ; SW. \ of NW. \ of NE. \; E. \ of SW. \ of NE. ! ; Wil- liam W. Nicholas, Delaware card No. 295; register No. 90 110.00 E. i of NW. 1 of SE. \; Emma J. Campbell, Delaware card No. 329; register No. 927 20. 00 W. ■'. of NW. | of SE. \; E. \ of NE. | of SW. ', ; SW. \ of NE. \ of SW. i; NE. J of SE. \ of SW. \; SW. ', of SE. !; Thomas Wilson, Delaware card No. 343; register No. 747 100. 00 Section 26: N. £ of NE. I; SW. J o£NE. }; N. \ of SE. \ of NE. | ; SW. \ of SE. \ of NE. !; NW. \ of SE. ',; NW. ! of NE. \ of SE. \; Thomas Wil- si m, Delaware card No. 343; register No. 747 200. 00 SE. 1 ofSW. | ; NE. iofSW. ', of SW. ',; Lorena T. Estes, Delaware card No. 227; register No. 476 60. 00 S. ', of SE. ', of SE. ',; Horace M. Adams, Delaware card No. 105; reg- ister No. 974 20. 00 Section 27: W. \ of SW. i of SE. ', : Jesse Miller, Delaware card No. 291; register No. 621 ----- 20. 00 Section 34: N. I of NE. I of NW. ! ; Jesse Miller, Delaware card No. 291 ; register No. 621 ----- 20.00 Section 35: NE. 1 of NE. ',; Horace M. Adams, Delaware card No. L05; register No. 974 40.00 NE. ! of NE. ! of SE. 1 ; NE. ', of SE. ', of SE. 1 ; < reorge Bnllette, Dela- ware card No. 325 ; register No. 472 20. 00 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 233 Section 36: Acres - SE. \ of NE. \ of NW. \; E. A of SE. \ of NW. \ ; E. £ of E. ^ of SW. | ; Emma J. Campbell, Delaware card No. 329; register No. ''27 70.00 W. I of SE. i of NW. £; E. A. of SW. J of NW. ',; SW. \ of S\\\ \ of NW. ',; Thomas Wilson, Delaware card No. 343; renter No. 747.. 50.00 W. h of SW. ]; W. A of E. .1 of SW. ]-; George Bullette, Delaware card No. 325; register No. 472 120. 00 Total 1. 320. 00 TOWNSHIP 26 NORTH, RANGE 1(1 EAST, INDIAN MERIDIAN. Section 4: E. A of SW. ]; XW. 1 of SW. ■ ; George F. Smith, Delaware card No. 294; register No. 879 120. 00 Section 6: S. * of S. h of NE. 1 ; S. 20 acres of lot 3; SE. i of NW. j ; S. 11). 71 acres of lot 4; lots 5, ti, and 7; E. \ of SW. \; SE. \; Stephen A. Miller, Delaware card No. 272; register No. 898 478. 81 Section 7: W. A of NW. \ of NE. ',; NE. 1 of XW. ',; lot 1; Stephen A. Miller. Delaware card N< ». 272 ; register X. >. 898 99. 98 Section 12: E. A of SE. j of SE. ]; Mary E. Armstrong, Delaware card Xo. 102; reg- ister No. 404 I '. 20. 00 Section 13: NE. \ of NE. \ of NE. \; S. \ of X W. j , .f X E. \ ; X. \ of NW. i i if NE. } ; MarvE. Armstrong, Delaware card No. 102; register No. 404 50.00 Section 21:" S. I of SW. \ ; Isaac N. Journevcake, Delaware card No. 252; register No. 419 .* ; 80.00 Section 23: E. A of SE. \ of SE. | ; Abraham W. Ketchum, Delaware card No. 299; register X< i. 932 20. 00 Section 24: S. A of NE. I of NE. | : SE. ', of NE. \\ E. A of SE. }; Mary E. Arm- strong, Delaware card No. 102; register No. 404 140. 00 SW. \ of SW. , ; Abraham W. Ketchum, Delaware card No. 200; reg- ister Xo. 932 - 40. 00 Secton 25: XW. \ of NW. ',: Abraham W. Ketchum, Delaware card No. 299; register X. .. 032 40. 00 Section 28: X. A; X.iofXW.jofSW. }-; KJofSW. \: N.JofSE.J; NW.JofSW.J ofSE. \; X. \ ofSE. ', of SE. \\ Isaac X. Journeyeake. Delaware card Xo. 252; register Xo. 419 530.00 Section 29: XE. \ of XE. \; N. \ of SE. | of NE. \; SE. | of SE. \ of XE. \; Isaac N. Journevcake, Delaware card No. 252, register No. 419 70. 00 Total 1, 688. 85 TOWNSHIP 27 NORTH, RANGE 16 EAST, INDIAN MERIDIAN. Section 13: S. }, of SE. S: SE, ! ofSW. !; E. .1 of SW. \ of SW. ': SW. j of SW. 1 of SW. 1 ; Nancy M. Childers, I >elaware card No. 250; register No. 206. 150. 00 Section 23: XE. \ of NE. | of NE. I; S. \ of NE. \ of NE. }\ SE. 1 of NE. .', ; Nancy M. Childers, Delaware card No. 259; register No. 206 70.00 Section 24: ' X. }; NE. i of NE. ] of S.W. \\ X. \ of X. A of SE. \ ; Nancy M. Childers, Delaware card No. 259; register No. 206 370. 00 S. J of NE. \ of SE. ',; SE. \ of SE. \\ Simon Love, Delaware card No. 321; register No. 501 60.00 Section 25: E. A. of E. A; E. =1 of SW. \ of NE. \; E. A of W. A of SE. \; Simon Love, Delaware card No. 321 ; register No. 501 220. 00 234 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Section 26: A '"- S\V. i ofSW. | ofNE. hSE. 1 ofSE. | ofNW. | ; W.JofSE. | ofNW. ',; SW. 1 Of NW. I; NW. | of S\V. J; W. I of NE. | of SW. \ ; NE. | of NE. | of SW. ', ; Amanda Wilson, Delaware card No. 268; register No. 732 150. 00 Section 27: SW. I of NE. \ of NE.fc S.J of NW. | of NE. ', ; S. .1 of NE. | ; SE. ', ; Amanda Wilson, Delaware card No. 268; register No. 732 270.00 Section 30: SE. 1 of NE. i ; SE. ! of SW. | of NE. | ; SE. \ ; E. I of SW. j ; Matilda Zane, Delaware card No. 282; register No. 229 290.00 Section 34: E. .'. of SW.i; W..\ of SE. ',; Susan Connor, Delaware card No. 216; register N« >. 736 160. 00 Total 1, 740. 00 TOWNSHIP 24 NORTH, RANGE 17 EAST, INDIAN MERIDIAN. Section 6: W. 20.81 acres of lot 1; Emma J. Campbell, Delaware card No. 329; register No. 927 20. SI Section 8: N. J of NE. J; N. J of SE. \ of NE. \; George Bullette, Delaware card No. 325; register No. 472 100. 00 Section 9: N. jj of NW. i ; N. .1 of SW. \ of NW. \ ; SE. ', of SW. \ of NW. \; SE. \ of NW. |; George Bullette, Delaware card No. 325; register No. 472. 150. 00 Section 15: NW. 1 of NW. | ; W. j of SW. \ of NW. \ ; NW. | of NW. \ of SW. | ; Joshua Wilson, Delaware card No. 840; register No. 520 70.00 S. i of NW. \ of SW. ]; SW. I of SW.i; Mary Parker, Delaware card No. 339; register No. 357 60. 00 Section 1(3: NE. 1; N. I of N. \ of SE. | ; E. \ of NE. \ of SW. \\ Joshua Wilson, Delaware card No. \ I4( I ; register No. 520 220. 00 S. h of N. \ of SE. \; S. J of SE. fc SE. \ of S W. ) ; W. i of NE. \ of SW. ] ; W. .\ of SW. 1; Mary Parker, Delaware card No. 339; register* No. 357 '. 260.00 Section 17: N. i of NE. i; Joshua Wilson, Delaware card No. 340; register No. 520 80.00 W. \ of SW. I of NE. \ -; SE. i of NW. J; W. i of NE. i of NW. i; W. .', of NW. }; NE. S of NW. } of SW. J; N. J of NE. | of SW. i; SE. 1 of NE. \ of SW. }; W. J of NW. } of SE. \; SE. i of NW. \ of SE. \; N. J of SW. \ of SE. J: Calvin Everett, Delaware card No. 326; register No. 313 250. 00 NE. \ of SE. 1 of SE. |; Mary Parker, Delaware card No. 339; register No. 357 - 10. 00 Section 18: SE. \ of NE. i of NE. \; NE. \ of SE. J of NE. \ ; Calvin Everett, Dela- ware card No. .'!2<»; register No. 313 20. 00 SE. i of SE. \ of NE. i ; W. \ of SE. i of NE. \\ SW. ] of NE. \ of NE. ', ; S. > of N W. \ of NE. 1 ; SW. j of NE. \ ; S. - 1 . of N E. ', of NW. \\ E. 20 acres of lot 1 ; SW. 8.65 acres of lot 1; lot 2; SE. \ of NW. ]: Horace M. Adams, Delaware card No. 105; register No. 974 • 225.94 Section 21: N. \ of N. i; Mary Parker, Delaware card No. 339; register No. 357. . . L50. 00 S. \ of NE.i; SE. | of NW. \ : SE. \- Horace M. Adams, Delaware card No. 105; register No. 974 280. 00 Section 22: NW.J; Mary Parker. I >elaware card No. 339; register No. 85. 160. 00 Section 27: SE. ! of NE. i; E. h of SW. \ of NE. }; SW. | of SW. \ of NE. i ; N.J of SE. J; Horace M. Adams, Delaware card No. 105; register No. 974. 150. 00 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 235 Section 32: Acres. W. * of NE. I of SE. 1; E. i of NW. J of SE. i; NE. | of SW. \ of SE. J; NW. \ of SE. i. of SE. I ; Richard C. Adams, Delaware card No. 104; register No. 973 60. 00 Section 35: N. i of NE. J; N.J of SW. i of NE. }; Horace M. Adams, Delaware card No. 105; register No. 974 100. 00 Total 2, 376. 75 TOWNSHIP 25 NORTH, RANGE 17 EAST, INDIAN MERIDIAN. Section 28: NE. | of NW. i of SW. i; Carrie Brateher, Delaware card No. 304; register No. 213 10. 00 S. }, of XW.} of SW.i; SW.Jof SW. i; Adeline L. Lowrance, Dela- ware card No. 338; register No. 928 60. 00 Section 29: S. .', of X. I of SE. i; S. i of SE. 1; SE. \ of NE. \ of SW. \; W. \ of NE. \ of SW.i; W. .} of SW. i; SE. \ of SW.j; Adeline L. Low- rance, Delaware card No. 338; register No. 928 270. 00 Section 30: S. \ of SE. i of NE. < ; SW. j of NE. \; E. \ of SE. \ of NW. \ : W. \ of E. '. of SW. \; SE. |; Adeline L. Lowrance, Delaware card No. 338; register No. 928 280. 00 W. I of E. JofSW. |; Emma J. Campbell. Delaware card No. 329; register No. 927 40. 00 Section 31: NE. j of NE. \; E. h of NW. \ of NE. \; NW. \ of NW. \ of NE. £; Adeline L. Lowrance, Delaware card No. 338; register No. 928 70. 00 SW. \ of NW. I of NE. 1 ; W. J of SW. J of NE. }; W. j of W. \ of SE. j; Emma J. Campbell, Delaware card No. 329; register No. 927. 70.00 Section 32: E. i of NE. i; NW. J of NE. J; N. } of SW. 1 of NE. \; SE. i. of SW. | of N E. \ ; Adeline L. Lowrance, Delaware card No. 338; register Ni ». 928 . 150. 00 Section 33: W. £ of NW. }; Adeline L. Lowrance, Delaware card No. 338; register N< >. 928 80. 00 Total 1 , 030. 00 TOWNSHIP 26 NORTH, RANGE 17 EAST, INDIAN MERIDIAN. Section 9: SE. 1 of NE. }: E. \ ofSE. !; Mary White, Delaware card No. 92; register No. 568 120. 00 Section 10: SW. J ; Mary White, Delaware card No. 92; register No. 568 160.00 Section 18: W. .1 of SW. I of SE. 1; SE. J of SW. i; E. 20 acres of lot 2; Mary E. Armstrong, Delaware card No. 102; register No. 404 80. 00 Section 19: NW. I of NW. } of NE. \; E. ] of NW. j; E. 20 acres of lot 1; SW. 9. 25 acres of lot 1 ; lots 2 and 3; NE. | of SW. \; Mary PI Armstn ing, Delaware card No. 102; register No. 404 '. 236. 29 SE. \ of SE. \ of SE. 1 : Albert F. Armstrong. Delaware card No. 277: register No. 876 10. 00 Section 20: SW. I of SE. \ of NE. i; S. \ of SW. \ of NE. \; S. J of SE. \ of NW. j : Albert F. Armstrong, Delaware card No. 277; register No. 876 50.00 Section 29: N. A of NE. \ of NW. ]; Matilda Zane, Delaware card No. 232: regis- ter No. 229 20. 00 N. I of NW. I of XW.i; S. I of NE. \ of NW. \; SE.|-of N \\. \ ; Albert F. Armstrong, Delaware card No. 277; register No. 876 80.00 S. I of NW. I of NW. ',; SW. \ of NW. \; NW. \ of SW. \; Henry Armstrong, Delaware card No. 301 ; register No. 874 100. 00 23(3 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Section 30: ■ ' • s • E. ',; E. J of NW. !; NE. | of SW. ', ; Henry Armstrong, Delaware card No, 301; register No. 874 * 440.00 NW. 9.25 acres of lot I; Mary E. Armstrong, Delaware card No. L02; register No. 404 ' 9.25 Ti »tal L, 305. 54 TOWNSHIP 27 XoKTH. RANGE 17 EAST, INDIAN MERIDIAN. Section 7: Lot '.'>; NW. 8.21 acres of lot 4; Susan Connor, Delaware can! No. 216; register No. 7:!<; 44. 47 Section 8: E. A of NE. | of SE. ',: SW. | of NE. \ of SE. ! ; SE. | of SE. ',: E. ■', of s\V. | of SE. !; SW. J of sw. > of SE. ', ; Susan Connor, Dela- ware card No. 216; register No. 736 100.00 NW. \ of SW. | of SE. j; James W. (Jilison, Delaware card No. 14.'!: register No. 868 10. 00 Section 17: NE. \; Susan Connor, Delaware card No. 216; register No. 736 160.00 Section 19: S. L8.42 acres of lot 3; lot 4; Simon Love, Delaware card No. 321; reg- ister No. 501 55.;!2 Section 30: NW. 4 L of NE. \ of NW. ]; lots 1 and 2; Simon Love, Delaware card N« ». 32 1 ; register No. 501 84. 60 Total 454. 39 TOWNSHIP 15 NORTH, RANGE 19 EAST, INDIAN MERIDIAN. Section 1 : E. J of SE. \ of NE. I; NW. \ of SE. \ of NE. J; Richard C. Adams, LVlaware card No. 104; register N< ». 973 30. 00 TOWNSHIP 16 NORTH, RANGE 19 EAST, INDIAN MERIDIAN. Section 36: S. I of SE. | of NE. !: N. J of SE. \; NE. \ of SW. | of SE. \ ; SE. } of SE. \; Richard C. Adams, Delaware card No. 104; register No. 973 150. 00 TOWNSHIP 25 NORTH, RANGE 19 EAST, INDIAN MERIDIAN. Section 32: E. \ ofNE. i; N. \ of NE. \ of SE. |; NW. j of SE. 1 of SE. ', ; SW. | of NE. j of SE. ]; S. J of NW. \ of SE. ■, : SW. | of SE. \; S. J of NE. i of SW. J; W. I ofSW. \; SE. \ of SW. fr John Secondine, I (elaware card No. 62; register No. 481 320. 00 TOWNSHIP 28 NORTH, RANGE 19 PAST, INDIAN MERIDIAN. Section 1 : SW. 1 of SE. J of NE.J; S. i of SW.i of NE. { : NW.} of NE. ', of SE. j: S. I of NE.iofSE."}; N. j of SE. \ of SE. i; SW. i of SE. \ of. SE. if W.J of SE. 1; K.\ of SE. \ of SW.i; Henry Wolfe, Delaware card No. 72; register No. 427 190. 00 W.lof SE. ', of SW. 1 ,: SW. 1 of S\V.|; Rachel Anderson. Dela- ware card No. 04; register No. 426 60.00 Section 2: s. .', of s. .', of SE. 1 : Rachel Anderson, Delaware card No. 04; register X< >. 420 40. 00 N.J of S.J of SE. !; N.J of SW.i; W.J of SW. \ of SE. S; Henry W( life. Delaware card N< >. 72; register No. 42< 140. 00 Section 3: Lots 1, 2, and 3; S. \ of NE. ', ; SE. | of NW. ', ; N. \ of SE. | ; W. .', of SW. I of SE. ',; Henry Wolfe, Delaware card No. 72; register No. 427. 247.34 Section 11 : E. ', of NE. ',: E. ■'. of W. I of NE. ', ; Rachel Anderson, Delaware card No. 04; register No. 420 120.00 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 237 Section 12: Acres. W.J of NW. 1 ,; \V. .1 of E. I of NW.i; Rachel Anderson, Delaware card No. 64; register N< >. 426 120. 00 Total 917. 34 TOWNSHIP 29 NORTH, RANGE 19 EAST, INDIAN MERIDIAN. Section 32: E. J of SE. \; Henry Wolfe, Delaware card No. 72; register Xo. 427.. SO. 00 TOWNSHIP 15 NORTH. RANGE 20 EAST, INDIAN MERIDIAN. Section 6: S. 20 acres of lot 3; Lot 5; W. * of SE. J of NW. | ; NE. \ of SE. \ of NW. i; W. I of NW. \ of SW. 1 of NE. \; Richard C. Adams, I 'elaware card No. 104; register No. 973 91. 85 TOWNSHIP 23 NORTH, RANGE 21 PAST. INDIAN MERIDIAN. Section 1 : W. \ of SW. \ of SE. \ ; SE. \ of SW. 1 ; W. \ of NE. \ of SW. \; W. \ of SW. \ ; Elizabeth Ketchuni, Delaware card No. 70; register No. 343 1 60. 00 Section 2: N. i of SE. i; lot 8; SE. \- of SE. .J; Elizabeth Ketchum, Delaware card No. 70; register No. 343 159. 35 Section 3: Lots 1 and 2; S. h of NE. ', ; Mary Half, Delaware card No. 30; register No. 943 ". 160. 00 Section 11: Lots 1 and 2; Elizabeth Ketchum, Delaware card No. 70; register No. 343 1 45. 90 Total .. 525. 25 TOWNSHIP 24 NORTH, RANGE 21 PAST. INDIAN MERIDIAN. Section 8: E. \ of XE. \ of SE. ■; SE. \ of SE. ',; John D. Marker, Delaware card No. 5; register No. 983 60. 00 Section 9: SW. 1 of NE. \ of SW. \: S. }, of XW. \ of SW. \; S. \ of XW. ]; John D. Marker, Delaware card Xo. 5; register No. 983" 110. 00 Section 15: S. h of SW. 1 of XW. 1; W. \ of SW. ]; Thomas E. Ketchum, Dela- ware card Xo. 26; register No. 346 100. 00 Section lti: -V \ of X. i; X. \ of SW. 1 of XW. •; SE. \ of SW. j of XW. \; SE. J of XW.i; SW.iofXE.}; X. * of SE. } of XE. \ r ; SW. \ of SE. \ of NE. i ; X W. \ of XE. \ of SE. }; NW. \ of SE. j : NW. \ of SW. \ of SE. \; NE. \ of SE. \ of SW. |; NE. \ of SW. \; John D. Marker, Delaware card No. 5; register No. 983 410. 00 SE. \ of SE. i of NE. |; E. * of E. i of SE. £; Thomas E. Ketchum, Dela- ware card No. 26, register No. 346 50. 00 SW. 1 of X W. J of SW. ', : Elizabeth Davis, Delaware card Xo. 365; reg- ister Xo. 942 10. 00 Section 17: XE. \ of XE. \; E. I of XW. \ of XE. | ; NE. \ of SE. \ of NE. \- John D. Marker, Delaware card No. 5; register No. 983 70. 00 Section 22: NE. 1 of SW. \- NW. \ of SE. i; NE. 1. of SW. £ of SE. \ ; Sarah E. Lum- bard, Delaware card No. 51 ; register No. 965 90. 00 Section 26: SW. J; Alice J. Lynch, Delaware card Xo. 57; register No. 964 160.00 Section 27: E. i of E.j of SE. ', : Alice J. Lynch, Delaware card No. 57; register No. 964 ; 40. 00 Section 35: W. I of NE. \; NW. \ ; N. \ of NE. \ of SW. \\ N. h of NW. \ of SE. 1 ; SE. \ of XW. \ of SE. 1 ; Alice J. Lvnch, Delaware card No. 57; reg- ister No. 964 „ 290. 00 238 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Section 36: Acres - SE. ', of S\V. ', of SE. 1; Alice .1. Lynch, Delaware card No. 57; register No. 964 10.00 T< ital 1 , 400. 00 TOWNSHIP 24 NORTH, RANGE S2 EAST, INDIAN MERIDIAN. Section 30: Lots 1, 2, 3, and 4; Sarah A. McCamish, Delaware card No. 47; regis- ter No. hi;:; 132. 84 TOWNSHIP 25 NORTH, RANGE 22 EAST, INDIAN MERIDIAN. Section 3.5: NE. \ of SE. 1; NE. \ of SE. | of SE. |; Robert J. Lunday, Delaware card N. ). 24 ; register No. 869 50. 00 Section 36: SE. \ of NW. |; E. \ of SW. \ of NW. }-; SW. 3 of SW. J of NW. \ ; N. \ of SW. | ; SW. 1 of SW. i; W. £ of SE. } of SW. \; Robert J. Lunday, Delaware card No. 24; register No. 869 210. 00 Total 260. 00 TOWNSHIP 26 NORTH. RANGE 23 EAST, INDIAN MERIDIAN. Section 7: N. h of NE. \; N. \ of S. h of NE. \\ James Washington, Delaware card No. 1 ; register No. 676 120. 00 Grand total 61, 686. 97 Exhibit E. The following-described land in the list of land hied with the Commission to the Five Civilized Tribes, December 16, 1902, and amended January 23, 1903, by Walter S. Logan, claiming to be the attorney for the Delaware Indians, is found as indicated below from the Commission's records, to be claimed and occupied by Delaware citi- zens of the Cherokee Nation, as per Commission's citizenship cards, and to this land there has not appeared any adverse claimant. INDIVIDUAL HOLDINGS. Horace M. Adams, Delaware card No. 105, register No. 974: T. 24 N., R. 14 E.— - Ures - Section 11— E. h of SE. \, E. 4 of W. A of SE. \, SW. \ of SW. of SE. J J - - 130 Section 12— W. J of E. A of NE. fc, W. \ of NE. \, NW. \ of NE. \ of SE. -}, NE. \ of NW. \ of SE. \, W. h of NW. \ of SE. \, SW. \. 320 T. 24 N., R. 16 E.— Section 2— SW. \ 1«0 Section 12— S. \ of SW. \ of SW. > , SW. ', of SE. ', of SW. \ 30 Section 13— W: I of NE. \ of NW. \, SE. \ of NW. ', , W. \ of NW. 1, N. I of"SW. 1, SW. 1 of SW. \ 260 Section 14— E. h of E. A, E. A of W. A of N E. ! , W. h of SE. \ .... 280 Section 15— S. A of NE. j, lots li, 7, and 8, SW. \ of SW. \, E. \ of s\V. \, SE. ',". 441.23 Section L6— Lots 3 and 5 - 21.20 S< cl i< »n 21— Lot 1 15. 33 Section 22— N. \ of NW. \ 80 Section l>:;— NE. 1 160 Section 24— NW. \ of NW. \, N. I of SW. \ of NW. ',. SW. \ of SW. 1 ofNW. 1 70 T. 25 N.. R. L6E.— Section 2ii— S. A of SE. \ of SE. \ 20 Section 35— NE. 1 of NE. 1 40 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 239 Horace M. Adams — Continued. Acres. T. 24 N., R. 17 E.— Section 18— SE. \ of SE. \ of NE. \, W. I- of SE. \ of XE. J, SW. ! of NE. \ of NE. \, S. ^ of NW. \ of NE. \, SW. J of NE. \, S. £ of NE. \ of NW. i E. 20 acres of lot 1, SW. 8.65 acres of lot 1, lot 2, SE. i of N W. 1 225. 94 Section 21— S. i of NE. 4, SE. \ of NW. i SE. J 280 Section 27— SE. \ of NE. \, E. hoi SW. £ of NE. ], SW. J of SW. \ of NE. \, N. i of SE. i 150 Section 35— N. h of NE. \, N. i of SW. \ of NE. i 100 Total 2, 783. 70 Richard C. Adams, Delaware card No. 104, register No. 973: T. 23N.,R. 14 E.— Section 13— NE. \ of NE. \ of SE. \, S. h of NE. \ of SE. \, SE. \ of SE. \ ." 70 Section 24— E. I of NE. \ 80 T. 23 N., R. 15 E.— Section IS— E. h of SW. \, lots 3 and 4 162.09 Section 19— W. h of E. i of NW. J, lots 1 and 2 122. 31 T. 24 N.. R. 16 E.— Section 12— E. h of SE. \ of SW. \ 20 Section 13— E. h of NE. \ of NW. -]- 20 Section 14— W. A of S W. \ of NE. \, S. A of NW. \ , SW. \ 260 T. 24 N., R. 17 E.— Section 32— W. h of NE. \ of SE. J, E. \ of NW. \ of SE. \, NE. \ of S W. \ of SE. i, NW. \ of SE. \ of SE. \ 60 T. 15 N., R, 19 E.— Section 1-E. \ of SE. \ of NE. \, NW. \ of SE. \ of NE. \ 30 T. 16 E., R. 19 E.— Section 36— S. h of SE. i of NE. \, N. h of SE. \, NE. \ of SW. j of SE. S, SE. 1 of SE. S 150 T. 15 N., R. 20 E.— Section 6— S. 20 acres of lot 3, lot 5, W. £ of SE. \ of NW. \, NE. \ of SE. \ of NW. \, W. J of NW. ; of SW. ! of NE. 1 91.85 Total 1, 066. 25 Daniel Anderson, Delaware card No. 171, register No. 470: T. 25 N., R. 14 E.— Section 7— SE. .}, E. * of E. * of SW. \ I'm) Section 8— NW. \ of SE. \, N. i of SW. \ of SE. ',, SW. \ of SW. \ of SE. k SW. 1 230 T< .tal 430 Rachel Anderson, Delaware card No. 64, register No. 426: T. 28 X., R. 19 E.— Secti. )ii 1 -W. .', of SE. | of SW. i, SW. 1 of SW. } 60 Section 2— S. i of S. A of SE. ] 40 Section 11— E. \ of NE. \, E. h of W. % of NE. \ 120 Section 12— W. \ of NW. ',. W. \ of E. \ of NW. ■ 120 Total 340 Albert F. Armstrong, Delaware card No. 277, register No. 876: T. 26 N., R. 17 E.— Section 19— SE. \ of SE. \ of SE. £ 10 Section 20— SW. \ of SE. \ of NE. \, S. h of SW. \ of NE. |, S. > of SE. i of NW. \ 1 50 Section 29— N. \ of NW. j of NW. }, S. h of NE. 4 L of NW. \, SE. 1 of NW. \... 80 Total 140 240 ALLOTMENT <>F LANDS TO DELAWARE INDIANS. Arthur Armstrong, Delaware card No. 76, register No. 10: Acres, T. 26 N, R. 13 E.— Section 7— W. .', of XK. | of XI-:. ',, XW. | ofSE. ! of XK. ',, W. .', of XK. S, SW. 1 of XK. J of SE. ',, X\V. I of SE. ',, XK. | of SW. j . K. .' of NW. \, lot 1, less 1.38 acres occupied by town site of Bartlesville; lot 2, less LI. 06 acres occupied by town site of Bar- tlesville; lot 3 390. 75 Total 390. 75 Henry Armstrong, Delaware card No. 301, register No. 874: f. 24 X., R. 16 E.— Section 2— S. J of NE. i, NW. j of SE. h W. \ of XK. | of SE. ',. XI-:. 1 ofSE. | ofSE. 1 150 T. 26 N., R. 17 E.— Section 29— S. \ of NW. \ of NW. \, SW. | of XW. », XW. j of S W. I 100 Section 30— E. i, E. $ of XW. 1. XK. | of SW. j 440 Total 690 Mary E. Armstrong, Delaware card No. 102, register No. 404: T. 26 N, R. 16 E.— Section 12— E. 4 of SE. 1 of SE. \ 20 Section 13— NE. i of NE. J of NE. \, S. h of NW. \ of XK. ',, X. \ of SW. \ol NE. \ 50 Section 24— S. * of NE. \ of NE. \, SE. \ of NE. \, E. \ of SE. }.. 140 T. 26 X., R. 17 E.— Section 18— W. \ of SW. \ of SE. |, SE. ] of SW. }, E. 20 acres of lot 2 80 Section 19— NW. \ of NW. \ of NE. \, E. \ of NW. \, E. 20 acres of lot K SW. 9.25 acres of lot 1, lots 2 and 3, XK. \ of SW. \ ... 236. 29 Section 30— XW. !. 9.25 acres of lot 1 9.25 Total 535.54 Solomon F. Armstrong, Delaware card No. 270, register No. 602: T. 26 N., R. 15 E.— Section 1— N. 20.05 acres of lot 3, SW. 10 acres of lot 3, N. h of SE. J of NW. \ 50. 05 Total 50. 05 Harry Arnold, Delaware card No. 138, register No. 151 : f . 26 N., R. 13 E.— Section 22— W. \ of NE. J, SE. \ of NW. \, E. £ of NE. \ of NW. \. 140 Total 140 Mary Bascomb, Delaware card No. 135, register No. 677: T. 25 N., R. 13 E.— Section 4— W. X of SE. | of SW. \, SW. j of SW. | HO Section 9— W. \ of E. h of NW. \, W. £ of NW. i 120 Total 1 80 Eliza Beaver, Delaware card No. 14X, register No. 480: T. 25 N., R. 13 E.— Section 3— N. \ of NW. \ of SW. \, SW. \ of XW. \ of SW. \ .... 30 Section 4-NE. \ of SE. \, NE. J of SE. J of SE. \, SE. \ of NW. j of SE. i 60 Total 90 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 241 Elizabeth Beaver, Delaware card No. 247, register No. 821: Acres. T.28N.,R. 13 E.— Section 11— SW. \ of NW. | of SE. \, SW. } of SE. \, SW. i 210 Section 14— NW. J of NE. \, NE. £ of NW. \ 80 T. 29N.,R. 13 E.— Section 36— W. * of SE. \ 80 T. 28 N., E. 14 E.— Section 4— W. I of SW. \ of SE. \ 20 Total 390 Mary C. Bezion, Delaware card No. 308, register No. 601: T. 28 N., R. 13 E.— Section 25— S. \ of S. \ of SW. \ 40 Section 35— E. h of NE. £, NE. i of SE. } 120 Section 36— N. I of SW. \. NW. \ 240 T. 26N.,R. 15 E.— Section 1— S. 20 acres of Lot 4. SW. \ of NW. \, S. \ of SE. \ of NW. 1, SW. \, W. \ of W. hoi SE. | 280 Section 2— S. 20 acres of lot 1. SE. | of NE. \, S. A of SW. | of NE. h SE. i 240 Total 920 Amanda Bixler, Delaware card No. 167, register No. 525: T. 25 N.. R. 13 E.— Section 2— S. | of SW. \ 80 Section 11— E. f of SE. i, E. h of W. * of SE. }, N E. 1 of NW. h N. J of NW. J of NW. \ ...'. ." ISO Section 12— NE. \ of NE. \ of SW. 1, S. A of NE. } of SW. \, S. i of S W. i, NW. I of SW. 1 ." ; 150 Section 13— N. \ of S. - 1 , of NW. \, N. J of NW. \ 120 Section 14— N. J of NE". \, N. I of S. } of NE. J, NE. | of SE. | of NW. j, SE. 1 of XE } of NW. J 140 Total 670 Alexander Black, Delaware card No. 108, register No. 231: T. 28 N., R. 13 E.— Section 8— E. .'. of NE. 1. E. \ of W. \ of NE. J, E. * of SE. J, SW. \ of SE. J, E. i of NW. | of SE. \ ". 260 Section 9— SW. i of SW. j of SW. \, N. A of SW. ] of SW. \, NW. j of SW. \. SW. | of NW. |,S. \ of NW. £ of NW. \ 130 Total 390 Carrie Brateher, Delaware card No. 304, register No. 213: T. 25 N., R. 16 E.— Section 24— X. ] of SW. \ of SE. \ 20 T. 25 N., R. 17 K— Section 28— NE. J , « if X W . | of S W. \ 10 Total . 30 Mrs. Minnie Britton, Delaware card No. 196, register No. 218: T. 28 N., R. 12 E.— Section 35— E. I of SE. | of SE. J 20 Section 36— E. h of E. \ of NE. \ 40 T. 28 N., R. 13 E.— Section 31— NW. \ of NW. ', of SE. \, NE. \ of NE. ] of SW. \, E. \ of NW. t, lots 1 and 2 183. 32 Total 243. 32 8. Doc. 104 16 242 ALLOTMENT 01 LANDS TO DELAWARE INDIANS. Julia Bronson, Delaware card No. 79, register No. LOO: Acres. T. 25 N., R. 12 E— Section L4— S. \ of NE. 1 so T. 26 V, R. L3 E.— Section 32— NE. | of SE. ',. NE. | of SE. | of SE. |. W. .', of SE. | of SE. 1, s\V. 1 of SE. !, s. ', of NW. | of SE. ',, NE. ^ of NW. ', of SE. 1 140 Total 220 John Brown, Delaware card No. 162, register No. 523: T. 25 N., R. 13 E.— Secti. m 2— N. \ of N. \ of SE. }, N E. | i rf X E. | . >f SW. j 50 Section 10— S. A of S. \ of N E. | , SE. ', 200 Section 15— N. .', of N. J of NE. \, SW. \ 200 T. 20 N., R. 13 E.— Section 36— N. h of SE. |, NW. ',- of SE. } of SE. ',. N. \ of SW. j of SE. i 110 T< ital 560 Julia Brown, Delaware caul No. 265, register No. 742: T. 26 N., R. 15 E.— Section 10— W. ', of SW. I, W. \ of SE. \ of SW. | 100 Section 15— W. \ of NE. \ of NE. \, NW. \ of NE., S. h of NE. \, X. \ of NW. 1 of SE. I, NW. \ 320 Total 420 William Brown, Delaware card No. 194, register No. 281: rp 9— v r> 1 o u Section' 3— SE. \ of NE. J of SW. £, W. A of NE. £ of SW. j, S. "* of SW. \, NW. 5 of SW. ] , W. I of SE. } of NW. | , SW. \ of NW. h W. 20.50 acres of lot 3, lot 4 271 . 55 Section 10— N. I of NW. J of NW. £ 20 Total 291. 55 Thomas Buffalo, Delaware card No. 117, register No. 711 (?): T. 27 N., R. 12 E.— Section 2— NW. 10.38 acres of lot 2, lot 3 31. 10 T. 28 N., R, 12 E.— Section 13— S. \ of S. \ of SE. | , SE. \ of SE. \ of S W. J 50 Section 24— N. ■'. of NE. 1 ,, N. ■', of S. \ of NE. ',. SW. 1 of SE. \ of NE. I, SE. I of SW. } of NE. | , E. \ of NE. ', of NW. 1 160 Section 35— S. \ of SW. l , of NE. |, W. i of SE. ], S. 10.12 acres of lot 2, lots 3 and 4 150.67 T. 27 N., R. 13 E.— Section 4— SW. \ of SW. J of SE. J 10 Section 0— NW. I of NW. I of NE. }, S. h of NW. i of NE. ], SW. }of NE. I of NE. 1, W. i of SE. ] of NE. J, SW. } of NE. \, W. i of NE. J of SE. \ , X W. 1 < rf SE. 1 160 T. 28 X., R. 13 E.— Section 18— SW. 11.68 acres of Lot 4 11.68 Total 57:;. 45 Jane Buford, Delaware card No. 98, register No. 814: T. 26 N., R. 12 E.— Section 13— E. jj of SE. \ 80 George Bullette, Delaware card No. 325, register No. 472: T. 20 X.. R. 12 E.— Section 25— E. I of NE. \, E. ^ of SW. \ of NE. t, SW. \ of SW. 1 ofNE. 1.SK. 1 270 Section 36— NE. ',, SE. ', of NW. ',, E. ', of NE. ', of NW. ',, SW. j of NE. ! of NW. ',, X. .', of SW. \. X. .', of SW. j of SW. ',. N. ■'. of SE. I ' 410 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 243 George Bullette — Continued. Acres. T. 20 N., R. 13 E.— Section 30— Lots 1, 2, 3, and 4 141. 68 Section 31— Lot 1, N. 17.67 acres of lot 2 53. 04 T. 29 N., R. 13 E.— Section 33— SW. \ of SW. \ of SW. \ 10 T. 25 N., R. 16 E.— Section 35— NE. } of NE. J of SE. \, NE. \ of SE. \ of SE. \ 20 Section 36— W. \ of SW. \, W. h of E. h of SW. \ 120 T. 24 X., R. 17 E.— Section 8— N. i of NE. j, N. \ of SE. \ of NE. \ 100 Section 9— N. J of NW. ',. N. h of SW. \ of NW. '„ SE. \ of SW. \ of NW. 1, SE. | of NW. i 150 Total 1, 274. 72 John Bullette, Delaware card No. 319, register No. 902: T. 20, N., R. 13 E.— Section 27— E. i of SW. }, SE. \ of NW. \ of SW i 90 Section 34— NE. \ of NW. ] , N. * of SE. \ of NW. | 60 T. 22 N., R. 14 E.— Section 20— E. h of NE. \ 80 Section 21 - W. h of N W. \ 80 T. 22 N., R. 16 E.— Section 28— S. \ of SW. \ of SE. \, S. i of SE. \ of SW. J, SW. \ of SW. 1 80 Section 29— SE. \ of NE. \ of SE}, E. i of SE. \ of SE. ]-, S. h of SW. J of SE. ]-, NW. J of SW. SofSE. | 60 Section 32— E. } of NE. \ of NE. }, SW. J of NE. \ of NE. }, NW. i of NE. \, E. * of SW. i- of NE. \, SW. J of SW. \ of NE. \, SE. i of NE. i, NE. i of SE. }, N. h of NE. \ of SE. J of SE. \ 185 Section 33— W. .',, W. ] of NE. }, N. i of NW. \ of SE. J, SW. J of NW. lot SE. ',, W. .1 niSW. lot SE. J 450 Total 1,085 Nancv Caesar, Delaware card No. 91, register No. 126: f. 24 N., R. 13 E— Section 16— E. J, SW. \, E. J of NW. \, S W. 1 i >f N. W. | 600 Emma J. Campbell, Delaware card No. 329, register No. 927: T. 24 N., R. 16 E.— Section 1— NE. \ of SW. | ofSE.}.. 10 T. 25 N., R. 16 E.— Section 25— E. i of NW. ', of SE. \ 20 Section 36— SE. \ of NE. | of NW. \, E. h of SE. j of NW. ',, E. * of E. \ of SW. \ " 70 T. 24 X., H. 17 E— Section 6— W. 20.81 acres of lot 1 20.81 T. 25 N., R. 17 E— Section 30— W. } of E. ] of SW. } 40 Section 31— SW. \ of NW. j of NE. \, W. } of SW. ', of NE. }, W. h of W. £ofSE. j - 70 Total 230. 81 Nancv M. Childers, Delaware card No. 259, register No. 206: t. 27 N., R. 16 E.— Section 13— S. \ of SE. \, SE. | of SW. }, E. \ of SW. | of SW. \, SAV. } of SW. 1 of SW. j 150 Section 23— NE. | of NE. | of NE. }, S. h of NE. \ of NE. !, SE. 1 of NE. J 70 Section 24— N. .'„ NE. | of NE. \ of SW. !, N. •'. of N. i of SE. l ,.- 370 Total 590 244 ALLOTMENT 01 LANDS TO DELAWARE INDIANS. Benjamin Conner, Delaware card No. 243, register No. 319: Acres T. 25 N., K. L6 E.— Section 7— E. .', of NK. 1 80 Section 8— W. \ of NW. h NW. | of SW. \ 120 Ti )tal 200 John <,). Cnnner, Delaware card No. 246, register No. 283: T. 25 X.. R. 16 E.— Sect ii ,n 4— s\V. j 160 Sections— E. \ of SE. | 80 Total 240 Susan Connor, Delaware card No. 216, register No. 736: T. 27 N., R. 16 E.— Section 34— E. 1 of SW. 1. W. \ of SE. \ 160 T. 27 N., R. 17 E.— Section 7— Lot 3, NW. 8.2] acres of lot 4 44.47 Section 8— E. A of NE. \ of SE. ',. SW. \ of N E. ' of SE. \, SE. ', ' of SE. 1. E. ~\ of SW. ! of SE. S. SW. 1 of SW. \ ofSE. \ 100 Section 17— NE. } loo T( ital 464. 47 Albert Curlevhead, Delaware card No. 101, register No. 703: T. 26 N., R. 14 E.— Section 16— NE. \ of NE. ! of SW. \. W. A of E. I of SW. \, W. \ of SW. i, S. A of SW. \ of NW. i, NW. \ of SW. \ of NW. \... 160 Section 17 640 Section 18— E. \ of E. A of E. \, W. A of NE. \ of SE. \. NW. \ of SE. | of SE I, NE. | of SW. > of SE. 1 120 Section 20— NE. \, E. \ of NW. \, E. .', of SW. ] of NW. \. NW. ' of NW. i - 300 Section 21— NW. | of NE. | of NW. \, N. i of NW. | of NW 1 ,, SW. 1 of NW. ! of NW. \, NW. \ of SW. S of NW. | 50 Total 1, 270 Elizabeth Davis, Delaware card No. 365, register No. D42: T. 24 N., R. 21 E.— Section 16— SW. \ of NW. \ of SW. J 10 James Dav, Delaware card No. 2(H), register No. 623. T. 26 N., R. 13 E.— Section 19— SE. \ of SW. \ of NE. \, S. h of NE. \ of SI-;. \ N. .', of SE. 1 of SE. | . SE. \ of SE. I of SE. }...'. 60 Section 20— SW. | L60 T. .tal 220 Widow J. Easev, Delaware card No. 133, register No. 462: T. 27 N., R. 12 E.— Section 2— SW. \ of SW. \ of NE. \, S. 10.22 acres of lot 4 20. 22 William J. Easey, Delaware card No. 133, register No. 463: T. 26 N., R. 14 E.— Section IS— SW. | of SE. \ of SE. \, SE. \ of SW. > of SE. \ 20 Se<:tion 19— S. \ of NE. \. SE. \, E. \ of E. \ of SW. \, E. \ of SE. \ of NW. \ 300 Section 20— W. I of SW. \ of NW. \ . W. \ of S^ T . \ 100 Total 420 Charles Elkhair, Delaware card No. 169, register No. 4: T. 28 N, R. 13 E.— Section 7— SE. \ of SE. \ of SE. \ 10 Section 8— S. I of SW. \ of SW. i 20 ALLOTMENT OF LANDS TO DELAWARE INTHANS. 245 Charles Elkhair — Continued. Acres. Section 16— W. J of E. ] of SE. ',, W. .', of SE. ',, SW. \ 280 Section 17— E. J of NE. i, NW. | of NE. J, E. 4 of SW. j of NE. >,, SE. i, E. J of SE. i of SW. J , N. ] of NW. | 400 Section 18— NE. \ of NE. \ of NE. I. S. .'. of NE. \ of NE. j 30 Section 20— NE. \ of NW. i of NE. }, N. .V of NE. \ of NE. \. E. * of SE. 1-of NE. J, E. *of NE. | of SE. i" 70 Section 21— NE. \ of NE. | of NW. |, W. § of NE. \ of NW. ], W. * of SE. | of NW. !, S. J of SE. £ of SE. \ of NW. !, W. A of NW. fc X. ) of SW. 1, X. \ of S. •} of SW. 1 ; 255 Total 1, 065 Eliza Elkhair, Delaware card No. 128, register Xo. 268: T. 28 X., R. 13 E — Section 17— SW. \ of SW. \ of SW. 1 10 Section 18— S. \ of S. \ of SE. \, NW. j of SW. \ of SE \ 50 Section 19— E. i, E. 20 acres of lot 3 340 Section 20— W. J of W. .', of SW. ',, X. h of SE. £ of NW. 1, E. \ of XE. \ of NW. i, SW. \ of NE. \ of NW. ',, W. A of NW. £...... 170 Section 28— SW. \ of NE. i, E. * of SW. \, E. * of W. \ of SW. \, S. I , ,f S W. ', i if NW. i , NE. J" of SW. £ of NW. £ 230 T. 28 N., R. 14 E.— Section 28— N. - 1 , of S. }, X. \ of SW. 1 of SW. |, SE. £ of SW. \ of SW. \, SE. |- of SW. ',, SW. 1 of SE. \, W. * of SE. \ of SE. \, NE. J of SE. \ of SE. \ 300 Section 33— NE. \ of NW. £, XE. 5 of NW. \ of NW. }, NE. | of SE. I of NW. i, W. I of NE. J, NW. £ of NE. ' of NE. } 150 Total 1,250 Lorena T. Estes, Delaware card Xo. 227, register Xo. 476: T. 25 N., R. 16 E.— Section 26— SE. \ of SW. \, NE. \ of SW. | of SW. \ 50 Calvin Everett, Delaware card No. 326, register No. 313: T. 24 N., R. 17 E.— Section 17— W. * of SW. \ of NE. £, SE. \ of NW. ',, W. \ of NE. i of NW. !, W. I of NW. t, NE. i of NW. \ of SW. £, N. J of NE. 1 of SW. I, SE" i of NE. ]ni SW. J, W. I of NW. £ of SE. >, SE. | i if NW. S of SE. \, X. \ of SW. | ( .f SE." ', 250 Section 18— SE. \ of NE. \ of XE. \, NE. i of SE. \ of NE. £ 20 Total 270 George Fall-Leaf, Delaware card X x o. 174, register No. 820: T. 2s X.. R. 14 E.— Section 5— Lots 1, 2, 3, and 4, X. h of NE. \ of SW. \, SE. \ of NE. \ of SW. \, N. I of SW. \ of SE. i, NW. \ of SE. i, W. | of XE. J of SE. \ '. 271.76 T. 29 X., R. 14 E.— Section 31— S. 19.92 acres of lot 2, lots 3 and 4, E. I of SW. \, W. i of SE. h W. \ . if XE. J of SE. \, S. } of SE. \ of NE. J 299. 78 Total 571.54 Sarah Fields, Delaware card No. 236, register No. 935: T. 24 N., R. 16 E.— Section 3— NE. \ of XW. \ of SW. \, W. } of W. } of SW. \ 50 S. sction 4— SE. | of NE. \ of SE. J, E. h of SE. J of SE. \ 30 Section 9— E. * of NE. \ of NE. \, NE. i of SE. \ of NE. i 30 Section 10— Lots 2, 3, and \, X. ) of XW. \ , X. J of S. J of NW. |-.. 207. 54 Total 317.54 246 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Frenchman, Delaware card No. 85, register No. 376: Acres. T. 27 X., R. 12 E.— Section 1— SW. ', of NW. ',, N. .'. of NW. | of SW. ',. SE. ', of NW. 1 ofSW. 1 70 Section 2— E. \ of SE. \ of NE. | 20 Total 90 Frank Frenchman, Delaware card No. 140, register No. 378: T. 27 N., R. 12 E.— Secti( m 1—U >t 4 40. 67 Section 2— Lot 1 40. 76 T 28 N R 12 E Section 13— NE. \ of NW. | of NW. \, W. \ of W. .'. of NW. ',.... 50 Section 14— N. \ of NE. ',. SI-;, j of NE. \, NE. 1 of SW. ! , of NE. | . 130 Section 35— SW. | of SE. \ of SE. ] 10 Section 36— SW. | i »f SW. \ of SW. \ 10 Total 281. 43 James W. Gibson, Delaware card No. 143, register No. 868: T. 28 N., R. 13 E.— Section 14— S. \ of SW. \ 80 Section 15— SE. \ of SE. \, E. J of SW. \ of SE. ',. SW. j of SW. \ ofSE. t, SE. \ ofSE. S ofSW. 1 80 Section 22— NE. \, E. \ of NW. .'„ N. \ of SW. \ of NW. $, NW. i of NW. } 300 Section 23— N. i of SW. \ of NE. \ , N W. \ 180 T. 27 N., R. 17 E.— Sections— NW. \ of SW. \ of SE. \ 10 Total 650 Sophia Gordon, Delaware card No. 110, register No. 44i>: T. 27 N., R. 13 E.— Section 3— SE. } of NE. \ of SE. \, W. A of NE. \ of SE. I, NW. \ of SE. \, S. i of NE. S, E. I of SE. S of NW. I, lots 1 and 2. E. 2i ». 50 acre? « »f lot 3, NE. \ of NE. \ of S W. \ 282. 33 T. 28 N., R. 13 E.— Section 34— SE. >,. S. \ of SW. \, S. I of NW. 1 of SW. \, NE. \ of SW. ]. SE. 1 of NW. ), SE. S ofNE. \ of NW. i 350 Section 35— SW. j of SW. ] 40 Total 672. 33 Mary Naff, Delaware card No. 30, register No. 943: T. 23 N., R. 21 E.— Section 3— Lots 1 and 2, S. I of NE. | 160 Fielding Halfmoon, Delaware card No. loo, register No. 541: T. 25 N., R. 13 E.— Section 4— SE. \- of NE. \ of SW. \, W. h of NE. \ of SW. \, NW. | of SW. | 70 Section 5— N. h of SE. ■,. S. I of NE. 1, lot 1, E. 20.01 acres of lot 2 : : 219. 98 Section 7— S. i of SE. \ SO Section 16— SW. \ of NE. \ of NE. ]. NW. j of SE. 1 of NE. ',. N. i of SW. | of NE. ',, NW. \ of NE. ',, SE. ! of NW. ',. S. I of NE. | of NW. \ . N E. ! i .f X E. | of NW. 1 170 T. 26 N., R. 13 E.— Section 32— SE. | ofSE. \ of SE. \ 10 Section 33— W. \ of SE. \ of SW. \, SW. \ of SW. ',. N. \ of SW. \.. 140 Total : . . . 689. 98 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 247 John Hallock, Delaware card No. 107, register No. 29: Acres. T. 26N.,R. 13 E.— Section 33— E. \ of NE. J-, N. \ of SW. \ of NE. |, S. i of NW. I of NE. i, NE. i of NW. \ of NE. J, NE. \ of NE. i of SE. | 140 Section 34— NE. i of NE. j of NE. ',, W. A of E. \ of NE. J, W. A of NE. |, NE. | of NE. \ of SW. \, W. | of NE. } of SW. ], E. % of NW. 1 of SW. ], NW. ! of NW. | of SW. S. NW.-J "... 350 Total 490 Colonel Jackson, Delaware card No. 106, register No. 260. T. 28 N., R. 13 E.— Section 2— E. I of NE. \ of SW. ), SW. \ of NE. \ of SW. £-, S. i of SW. \, S. I of NW. S of SW. \. XW. ' of NW. ', of SW. ',, lot 2, N. 19.64 acres of lot 3 199. 36 S, !C i i, ,„ 3_E. I of E. * of SE. i, N. 19.56 acres of lot 1 59. 56 S< sction 4— E. i of SW. \ 80 Section 9— S. h of NE. ', of NE. \. SE. \ of NE. \, E. h of SW. \ of NE. | , NW. 1 of NE. j . N. I i »f NE. ^ of SE. \ ." 140 Section 10— E. £ of NE. j < »f NE. \, NE. \ of SE. ', of NE. \ 30 Section 11— N. h of NE. \ of NW. J, W. h of SW. £ of NW. ',, NW. \ of NW.i 80 T. 29 N., R. 13 E.— Section 33— W. \ of NE. ',. W. h of NE. \ of SE. \, SE. \ of SE. J, W.i of SE. 1,"SE. | of NW.i 260 Section 34— S. \ of S. i of SW. J 40 Total S8S. 92 Isaac N. Journey Cake, Delaware card No. 252, register No. 419: T. 26 N., R. 16 E.— Section 21— S. I of SW. \ 80 Section 28— N. A, N. A of NW. \ of SW. \, E. h of SW. $, N. J of s E. 1 , NW. ', i .f SW. \ of SE. \ , N. '.of SE. j of SE. \ 530 Section 29— NE. I of NE. I N. A of SE. £ of NE. \, SE. J of SE. \ of NE. £ J 70 Total 680 Abraham W. Ketchnm, Delaware card No. 299, register No. 932: T. 26 N., R. 16 E.— Section 23— E. £ of SE. \ of SE. \ 20 Section 24— SW. \ of SW. | 40 Section 25— NW. \ of NW. \ 40 Total 100 Elizabeth Ketchum, Delaware card No. 70. register No. 343: T.23 N..R. 21 E.— Section 1— W. i of SW. ', of SE. ', SE. \ of SW. j, W. h of NE. J of S W. J, W. A of SW. I 160 Section 2— N. £ of SE. \, lot 8, SE. \ of SE. \ 159.35 Section 11— Lots 1 and 2 45.90 Total , 365. 25 John R. Ketchum, Delaware card No. 378, register No. 744: T. 24N.,R. 16 E.— Section 1— S. h of SW. \ of SW. J 20 Section 12— W. J of NE. \, NW. \, N. h of SW. \, N. 4 of SW. \ of S W . 1, NW. \ of SE. I of SW. \- 350 Total 370 •248 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Thomas E. Ketchum, Delaware card No. 26, register No. 346: Ar "- T. 24 N.,R.21 E.— Section 15— S. ■'. of SW. 1 of NW. 1, W. \ of SW. ', 100 Section L6 SE. 1 of SE. 1 ofNE. 1, E.\ of E. A of SE. 1 50 Total 150 John Kinney, Delaware card No. 84, register No. 696: T. 27 X.'. R. L3 E.— Section 25— S. .'. of N. \ of NE. J, N. i of SE. 1 of NE. ',, SE. | of SE. | of NE. 1, SW. S of NE. \, NW. 1 of NE. | of SE. ',. S. \ of NW. >,, s. .1 of N. '. of NW \, NW. } of NW. 1 of NW. \ 250 Section 26— NE. 1 160 Total 410 Lucinda E. Lane, Delaware card No. 323, register No. 375: T. 22 N., R. 16 E— Section 5— Lot 3 39. 96 T. 23 X., R. 16 E.— Section 28— W. \ of W. \ 160 Section 29— NE. i, SE. \ of NW. \, N. \ of NE. 1 of SW. ',. N. \ of SE. h NE. J of SW. £ of SE. i, SE. J of SE. J 350 Section 32— S. * of N. k of N. 4, S. * of N. .1, N. g of NW. \ of SW. 1, W. 4 of NE. | of SW. i, SE. i of NE. ', of SW. \, SE. } of SW. \, W. iof SW. £ of SE. J 350 Total 899.96 Mary Lee, Delaware card No. 132, register No. 233: T. 28 N., R. 13 E.— Section 7— S. \ of NW. \ of NE. I, W. * of SE. £ of NE. .), SW. £ of NE. i, NW. | of NE. I of SE. \, NW. £ of SW. \ of SE. J, SW. * of NW. J of SE. 1, N. J of NW. i of SE. \, E. } of SW. 1, SE. \ of NW. £, S. A of NE. £ of NW. £, S. 22.36 acres of lot 1, lots 2, 3, and 4 - 425.12 Section 18— W. \ of NE. £ of NW. £, lot 1 63.83 Total 488.95 Simon Love, Delaware card No. 321, register No. 501: T. 27 N., R. 16 E.— Section 24— S. \ of NE. \ of SE. £, SE. £ of SE. £ 60 Section 25— E. h of E. 4, E. 4 of SW. £ of NE. £, E. £ of W. i of SE. S ." 220 T. 27 N., R. 17 E.— Section 19— S. 18.42 acres of lot 3, lot 4 55. 32 Section 30— NW. £ of NE. £ of NW. £, lots 1 and 2 84. 60 Total 119.92 Adeline L. Lowrance, Delaware card No. 338, register No. 928: T. 25 N., R. 17 E.— Section 28— S. \ of NW. £ of SW. £, SW. £ of SW. J 60 Section 29— S. I of N. \ of SE. £, S. A of SE. £, SE. \ of NE. £ of SW. >, W. \ of NE. 1 of SW. £, W.".\ of SW. i, SE. £ of SW.{.. 270 Section 30— S." \ of SE. £ of NE. \, SW. J of NE. £, E. J of SE. £ of NW. ',. W. £of E. A of SW. £, SE. £ 280 Section 31— NE. J of NE. £, E. 4 of NW. £ of NE. !, NW. \ of NW. lofNE. i 70 Section 32— E. \ of NE. £, NW. J of NE. £, N. .'. of SW. J of NE. £, SE. 1 of SW. i ofNE. | 150 Section 33— W. I of NW. 1 80 Total 910 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 249 Frank Lucas, Delaware card No. 274, register No. 515: Acres. T. 2SN., R. 15 K.- Section 17— S. I , ,f SW. | 80 Section IS— SE. \ of SE. }, SE. \ of SW. j of SE. \ 50 Section 19— E. A of XE. \, E. A of W. A of NE. j, SW. j of NW. \ of XE. |, NW. 1 of SW. \ of XE. }, X. A of SE. 1, N. \ of SE. j of SE. 1. SW. j hi SE. 1 of SE. J. sw. i""t SE. } ". 290 Section 20— X. A of NW. }. NW. \ of SE. J- of NW. ]. SW. | of XW. i ;. 130 Section 30— E. A of XW. \, lots 1 and 2, XE. £ of SW. ',, lot 3 233. 41 Total 783. 11 Sarah E. Lumbard, Delaware card Xo. 51, register Xo. 965: T. 24 X., R. 21 E.— Section 22— XE. \ of SW. J, XW. \ of SE. \, XE. } of SW. \ of SE. i 90 Robert J. Lnndav, Delaware card No. 24, register Xo. 869: T. 25 X., R. 22 E.— Section 35— XE. J of SE. \, NE. \ of SE. \ of SE. \ 50 T. 25 X., R. 22 E.— Section 36— SE. \ of XW. •-, E. i of SW. \ of XW. ',, SW. j of SW. \ of XW. \, X. A of SW. {, SW. \ of SW. \, W. A of SE. | of SW. \ . 210 Total 260 Alice J. Lynch, Delaware card Xo. 57, register Xo. 964: T. 24 X., R. 21 E.— Section 26— SW. \ 160 Section 27— E. \ of E. \ of SE. \ 40 Section 35 — W. A of NE. \, XW. 1, X. A of XE. i. of SW. \, X. A of XW. Jof SE. \, SE. \oi NW. } of SE. \ ."... 290 Section 36— SE. \ of SW. | of SE. \ 10 Total 500 Sarah A. McCamish, Delaware card Xo. 47, register No. 963: T. 24 N., R. 22 E.— Section 30— Lots 1, 2, 3, 4 132.84 William McEwin, Delaware card Xo. 96, register Xo. 398: T. 24 X., R. 12 E.— Se< tion 25— SE. \ of S E. \ . W. A of SE. } 120 Section 36— X. A of XE. } 80 T. 24 X., R, 13 E.— Section 30— Lots 1 and 2 66.97 T. 27 X., R. 13 E.— Section 1— S. A of XE. ',, X. A of SE. \, X. A of SE. \ of SE. \, SE. \ of SE. \ of >S"E. \. XW. > of SE. \ of SW. \, SW. | of SW. !, X. A of SW. i, SE. \ of XW. \, S. A of SW. \ of XW. \ 380 Section 2— XE. \ of SE. ',, S. A ui SE. \, S. J; of XW. \ of SE. \, XE. \ of X W. \ of SE. i , SE. \ of SE. \ of NE. 1 160 T. 27 X., R. 14 E.— Section 5— XW. V of SE. \ of XW. \, SW. \ of XW. \, XE. \ of XW. 1 of SW. ], W. A of X^^^ \ of SW. \, SW. 10 acres of lot 4. 90 -ection 6— Lots 1 and 2, S. A of XE. \, lots 3 and 4, lot 5, SE. \ of XW. \, E. A of SW. \, lots 6 and 7, X. A of SE. \, N. A of SW. \ of SE. \, S W. j of S W. I of SE. i • 561. 38 Section 7— XW. | of XW. ', of XE. 1, X. A of XE. } of NW. i, SE. J of XE. 1-, E. A of SW. J of NE. i„..~ 90 Section 8— S. A of SE." \ of XE. i, NW. 4. of SE. i of NE. \, SW. |- of XE. i, N." A of SE. i of XW. }, S W. \ of SE. i of NW. \, SW. | of XW. \, SE". | 300 Section 9— SW. } of SW. J of SW. \ 10 Section 16— W. \ of NW. | of NW. \ 20 Total 1, 878. 35 250 ALLOTMENT OF LANDS TO DELAWARE INDIANS. John D. Marker, Delaware card No. 5, register No. 983: Arlv - T. 24 N., R. 21 E.— Section 8— E. .'. of NE. ', of SE. ',, SE. | of SE. ! 60 Section 9— SW. | of NE. ', of SW. .',, S. ! of NW. | of SW. ',. S. .'. ofNW. S 110 Section 16— N. J of X. .'.. X. \ of SW. | of NW. ',, SE. 1 of SW. | of NW. !, SE. ', of NW. 1, SW. j of NE. ',, X. \ of SE. 1 of NE. 1. SW. 1 of SE. 1 of NE. |, XW. | of NE. ', of SE. ',. XW. | of SE. ',, XW. j ofSW. i ofSE. ',, NE. \ of SE. | of SW. |, NE | of SW. 1 410 Section 17— XE. | of NE. .',, E. \ of XW. j of NE. \, NE. ', of SE. \oi NE. \ 70 Total 650 John Marshall, Delaware card Xo. 370, register No. 401: T. 25 X.. K. L3E.— Section 25— E. i of XE. \ of XW. J, XW. \ of XE. | of XW. \..._ 30 Jesse Miller, Delaware card No. 291, register No. 621: T. 25 K, R. 16 E.— Section 27— W. .', of SW. 1 of SE. \ 20 Section 34— N. | of NE. \ of NW. \ 20 ■ Total 40 Silas Miller, Delaware card No. 164, register No. 381: T. 25 N.. R. 13 E.— Section 1 1— SW. \, S. \ of NW. \, S. h of NW. \ of NW. \ 260 Section 14— SE. J of SE. \ of NW. -\, W. h of E. i of NW. I W. J of NW. i 130 Total 390 Stephen A. Miller, Delaware card No. 272, register No. 898: T. 26 N., R. 14 E.— Section 28— NE. i, N. I of NE. \ of SE. h E. A of SE. \ of XW. \, SE. ] of NE. £of NW.i 210 T. 26 N., R. 16 E.— Section 6— S. 4 of S. h of NE. \, S. 20 acres of lot 3, SE. | of XW. ]. S. 19.71 acres of lot 4, lots 5, 6, and 7, E. h of .SW. \, SE. \ 47S. 87 Sect i« »n 7— W. \ of NW. \ > »f X E. \ , NE. \ of NW. t, lot 3 99. 98 T( .tal 788. 85 William W. Nicholas, Delaware card No. 295, register No. 90: T. 25 N., R. 16 E.— Section 24— N. iof SE. \ of SE. \ 20 Section 25— E. I of NE. ], SW. \ of NW. \ of NE. \. E. \ of SW. \ ofNE. i 110 Total 130 Carrie V. Overlees, Delaware card Xo. 125, register No. 506: T. 26 N., R. 12 E.— Section 1— W. h of SE. i of SW. \ - 20 Section 25— SE. ] of NW. | of NE. \, E. i of SW. | of XE. \. SE. \ of X !•:. S . X E. J of SE. i , E. \ « »f X W. • of SE. \ 130 Total 150 Annie Paradee, Delaware card No. 188, register No. 921 : T. 26 N., R. 13 E.— Section 1 7— SW. 1 of SW. ], SW. ] of NW. | of SW. J 50 Section 18— E. \ of SE. \ 80 Section 19— E. J of NE. \ of NE. \ 20 Total 150 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 251 Job B. Parker, Delaware card No. 204, register No. 60: Acres. T. 28 N., R. 13 E.— Section 8— SW. \ of SW. \ of XE. \, W. £ of NW. \ of SE. \, E. h of SW. i, N. J of SW. } of SW. I, E. i of NW. J of SW. \, S. J of SE. \ < >f NW. i . NW. | of SE. \ of NW. J ISO Section 28— W. \ of W. J of SW. 4 40 Section 29-E. £ of SE. \. SW. j of SE. \, E. J of NW. \ of SE. £, SW. \ of NW. 1 of SE. \. S. A of SW. >. SE. \ of XE. | of SW. 1. W. | of NE. S of s\V. 1. NW. \oi SW. \. SW. j of SE. | of NW. I, SE. 1 uf SW. | ,,f XW. \, W. ), of W. - 1 , of XW. | 360 Section 30— E. A of NE. 1 of XW. \, E. 4 340 Section 31— NE. \, X. .'. , ,f XE. ) of SE. }, XE. \ of XW. J of SE. \. 190 Section 32— X. 1 320 Total 1,430 Mary Parker, Delaware card Xo. 339, register Xo. 357: T. 24 N.. R. 17 E.— Section 15— S. \ of XW. 1 of SW. \, SW. \ of SW. \ 60 Section 16— S. I of X. \ of SE. }. S. Jof SE. >. SE. \ of SW. •, W. 4of XE. \ of SW. ',. W. \ of SW. | 260 Section 17— XE. | of SE. ', i if SE. \ 10 Section 21— X. I of N. \ - 160 Section 22— NW". 4 160 Total 590 John Parks, Delaware card Xo. 195, register No. 715: T. 28 N., R. 13 E.— Section 5— SW. \ of SW. \ of SE. £-, SE. \ of SE. \ of SW. £, NW. \oi SW. 4 of SW. I, SW. ! of XW. £-of SW. i 40 Section 6— SE. ] 160 Section 7— W. \ of XE. } of XE. \, X. A of NW. \ of NE. 1, NE. \ of NE. J of NW. \ 50 Section 8— W. h of NW. J of NE. \, NW. \ of SW. 4 of NE. \, NE. i of SE. \ ( »f NW. i . E. £ uf X E. \ uf XW. ] 60 Section 9— SW. ) of XE. \ of SE. \. W. A of SE. | of SE. i, W. i of SE. i, E. J of S W. j . S E. | of S W. | of SW. ] 200 Section 10 -S. I of XW. \ of SE. \, SW. 4, of SE. \, E. A of SW. \, E. 4 of W. \ of SW. | 180 Section 13— S. £ of si-:. | of SE. \ 20 Section 24— XE. \ of NE. |. E. ! , of SE. \ of NE. \, E. 4 of NE. \ of SE. 1, XE. }ofSE. ' of SE. 4, 90 T. 2S N.. R. 14 E.— Section 18— Lot 4 30. 04 Section 19— W. A of XE. \ of XW. \, lots 1, 2, and 3, X. 15.43 acres i »f 1. >t 4, W. \ "of XE. \ of S W. i, SE. I of X W. \ 186. 73 Total ' 1, 016. 77 Patiacow, Delaware card Xo. 80, register Xo. 40: T. 25 X., R. 12 E.— Section 36— E. \ of SE. }. E. I of W. 4 of SE. \, XW. \ of XW. \ of SE. \ 130 T. 26 N., R. 12 E.— Section 24— S \ of SE. £ of SE. }. SE. \ of SW. \ of SE. \ 30 Section 25— NE. \ of NE. | , X E. \ of X W. \ of XE. \ 50 T. 25 X., R. 13 E.— Section 31— SE. 4 of XW. £, E. \ of SW. S. lots 2, 3, and 4 240.07 T. 26 X., R. 13 E.— Section 30— W. 21.15 acres of lot 1 21. lo Total 471.22 252 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Lizzie Peacockj Delaware card No. 211, register No. 39: Acres T. 25 X.. R. L3 E.— Section 3— S. ■'. of SW. | of SW. I, NW. 1 of SW. | of SW. ', 30 Section 4— SE. j of SE. | of SE. ',, W. .', of SE. | of SE. ',. E. \ of SW. | of SE. 1, SW. ', of SW. 1 of SE. 1, SE. ', of SE. | of SW. \. 70 Section 9— NE. ', of NE. !, X. \ of SE. | of NE. ',, SE. | of SE. \ of NE. ',, E. \ of NW. i of NE. i, NW. i of NW. | of NE. ',, NE. ! of NE. 1 of NW. 1 110 Section 10— W* of SW. \ of NW. ',. NW. | of NW. | 60 Total 270 Eliza Peterson, Delaware card No. 83, register Xo. 705: T. 27 N., R. 13 E.— Section 23— XE. \, W. \ of NE. \ of SE. ',, NW. | of SW. j of SE. \, NW. \ of SE. \, SE. \ of NE. \ of SW. J, N. h of NE. ', of SW. ',. SE. 1 of NW. \, SE. J of NE. \ of NW. fc NE. J of NE. \ of NW. J 330 Section 24— W. J of NE. \ of NW. J, N. } of SW. J of NW. \, NW. ! ofNW. 1 80 Total 410 Jefferson D. Sarcoxie, Delaware card No. 351, register No. 296: T. 26 N., R. 13 E.— Section 15— SW. \, S. * of S. £ of NW \ 200 Section 16— SE. \, SE."} of SW. ]-, SE. \ of NE. \ of SW. \ 210 Section 21— NE. £, N. * of NE. \ < »f SW. 1 , E. h of NW. J 260 Section 22— W. i of NE. \ of NW. }, W. * of NW. J 100 Total 770 John Sarcoxie, Delaware card Xo. 207, register No. 653: T. 26 X., R. 12 E.— Section 24— S. \ of NE. 4 L , N. A of SE. \, N. h of SE. | of SE. \, XE. \oi SW. iof SE. J 190 T. 25 X., R. 13 E.— Section 3— SE. \, SE. \ of SW. \, S. i of NE. \ of SW. \, NE. } of XE. Jof SW. i ." 230 Section 9— S. J of NE. \ of SE. J, SE. \ of SE. i 60 Section 10— X W. \ of NE. }, N. * of S W. J of NE. \ 60 Section 15— S. \ of NE. \ of SE. }, S. h of SE. \ 100 Total 640 Mary D. Sarcoxie, Delaware card No. 126, register No. 556: T. 25 N., R. 13 E.— Section 3 — Lots 3 and 4 80. 15 Section 4— Lot 1, N. 20.04 acres of lot 2, SE. 10 acres of lot 2 70. 12 T. 26 N, R. 13 E.— Section 33— NW. 1 of NE. \ of SE. \, S. } of NE. | of SE. \, SE. \ of SE ], W. h of SE. }, S. | of SW. \ of NE. \, E. \ of SE. \ of SW. i, SE. iof SE. iof NW. \ 200 Section 34— SE. \, S. * of SW. \, SE. J of NE. \ of SW. J, SW. \ of NW. } of SW. h E. * of SE. J of NE. J, SE. J of NE. 1 of NE. i 260 Total 810.27 John Secondine, Delaware card No. 62, register No. 481 : T. 25 N., R. 19 E.— Section 32— E. i of NE. }, N. i of NE. J of SE. }, NW. ] of SE. | of SE. ',, SW. i of NE. | of SE. J, S. \ of NW. \ of SE. }, SW. J of SE. \, S. * of NE. \ of SW. h W. .V of SW\ J, SE. \ of SW. S Total 320 320 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 253 Simon Secondine, Delaware card Xo. 310, register No. 896: Acres. T. 25 N., R. 14 E.— Section 29— S. 4 of NE. \, N. .', of SE. -], NE. | of SW. L E. i of NW. J of SW. i, XW. | ...; 38(1 Section MO— NE. \ of NE. \ of NE. |. S. ] of NE. J of NE. E SE. J of NE. I, N. Jof NE. 1 of SE. | 90 T. 26 N., R. 15 E.— Section 1— Lots 1 and 2, S. $ of NE. J, E. 4 of SE. J, E. \ of W. * of SE. h SE. 10 acres of lot 3 '. 200. 04 T( >tal 760. 04 William II. Shailer, Delaware card No. 173. register No. 338: T. 27 N.. R. 13 R— Section 21— S. \ of SE. ', of SE. 1. SW. j of SE. \, SE. \oi SW. \... 100 Section 27— SW. j of XE. j of NE. \. SE. } of SE. ] of NE. \. W. \ of SE. | of XE. ',. SW. j of XE. \. SE. {. E. j of SW. t, S. J of SW. 1 of SW. }. XE. | of SW. j of SW. |, NW. 5 of SW. L XW. I ; 550 Section 28— XE. ]. X. } of X. \ of SE. |, SE. J of XE. 1 of SE. \. !■:. J of XW. I 290 Section 34— X. \ of XE. |, X. .', of SE. 4 of XE. ], SW. \ of SE. J of XE. J, SW. | of NE. h N."}of SE. \ of SW. \. E. .', of NW. J of SW. \. E. iof XW. {. E. ) of SW. i of NW. }. NW. \ of SW. i of NW. \. NW. | of NW. J-. 340 T< -tal 1, 280 James Shaw, Delaware card No. 345, register No. 580: T. 27 X.. R. 13 R— Section 1— N. \ of SW. \ of XW. ',, lots 3 and 4 101.20 Section 2— SW. \ of SE. \ of XE. J. X \ of SE. 1 of XE. ',, SW. | of NE. 1, SW. I of NW. J, NW. | of NW. \ of SE. }, lots 1, 2, 3, and 4 283. 32 Section 3— NE. \ of NE. j of SE. } 10 T. 28 N.. R. 13 R— Section 36— X. A of X. I of SE. i. SW. | of NW. \ of SE. \, W. * of SW. Jof SR i : 70 Total 464. 52 George F. Smith, Delaware card No. 294, register Xo. 879: t. 24 X., R. 14E.— Section 12— E. A of E. \ of NE. ',. E. A of XE. V of SE. \ 60 T. 26 X., R. 15 R— Section 1— X. 20.07 acres of lot 4 20.07 Section 2— X. 20.11 acres of lot 1. lot 2, X. \ of SW. * of XE. \ ... 80. 28 T. 27 N., R. 15 R— Section 35— W. 4 of W. A of XE. \. E. ] of SW. j of NE. S, S. ] of SE. 1 of NE. \, E. | of SE. 1 "... 160 Section 36— NW. 4 of NW. J of SW. J, S. A of NW. J of SW. |, SW. i of SW. E w. A of Si;. | of SW. 4 ; 90 T. 26 X., R. 16 E.— Section 4— E. | of SW. i NW. | of SW. 4, 120 Total 430. 35 Sallie 0. Smith, Delaware card No. 260, register No. 203: T. 25 N.. R. 15 E.— Section 7— E. J of E. J of SE. i, W. 4 of SE. -] of SE. J 60 Section 8— SW. } 160 Section 1 7— X. 4 of XW. | SO Section 18— XE. \ of XE. \. E. .1 of NW. \ of XE. j 60 Total 360 25-1 ALLOTMENT OF LANDS TO DELAWARE INDIANS. William C. Smith, Delaware card No. 261, register No. 205: Arlvs t. 23 x.. i;. it; E. Section 6— SW. 10 acres of lot 2, W. .', of SW. | of NE. \, SE. | of SW. 1 of NE. ',, S.20 acres of lot 3, S. 19.68 acres of lot 4, lots 5, 6, and 7, E. \ of SW. ',, SE. ] of NW. ',, W. \ of SE. ',, W. \ of SE. 1 of SE. i 418.41 Section 7— E. \ of N W. | , 1< »ts 1 and 2 159. 73 Section S— Lot 9, E. 10 acres of lot 8, E. \ of SW. ', of SE. \, SE. ', ofSE. ! 106.35 Total 684. 49 Mary Spybuck, Delaware card No. 182, register No. 882: T. 21 N., R. 13 E— Section 19— W. i of E. I of NW. i, W. } of SE. | of SW. |, lots 1, 2, and 4 179. so John R. Stout, Delaware card No. 271, register No. 460: T. 26 N., R. 15 E.— Section 10— SE. \ of SE. \ of SE. J 10 Section 11— W. h 320 Section 14— W. h of NW. \ of NE. \, SW. \ of NE. \, NW. \ 220 Section 15— E. h of NE. \ of NE. \ 20 Section 26— S. I of N. I of SW. \, S. \ of SW. \ 120 Section 27— NW. \ of NW. ]- of SE. J, S. * of N. * of SE. i, S. A of SE. ]-, E. I of W. A of, E. § of NW. \ of NW. 1, SW. >- f NW. 1, NW. 1 of SW. \, E. A of SW. 1 of SW. 1, NW. J of NE. \, W. * of SW. -I of NE. i 470 Section 34— NE. £ 160 Section 35— NW. i 160 Total 1, 480 John W. Stout, Delaware card No. 263, register No. 545: T. 26 N., R. 14 E.— Section 21— SE. \ of NE. \ of SW. \ 10 Section 31— N. *of NW. \ of SE. \ 2<» T. 27 N., R. 15 E.— Section 36— S. * of S. i of NE. \, SE. }, E. ] of SE. \ of SW. \. .. . 220 Total 250 Jonas Swannock, Delaware card No. 157, register No. 360: T. 26 N., R. 13 E.— Section 26— W. A of 320 Section 35— E. \ of NW. \ 80 T. 27 N., R. 13 E.— Section 6— S. \ of SE. \ of NE. |, NE. \ of SE. ', N. J of SE. 1 of SE [ " 80 Section 15— NW. | of SW. j of SW. \, NW. \ of SW. ',, NW. ', of NE \ of SW \ 60 Section 16— SE. J of SE. ] of NE. ',, E. \ of E. ) of SE. {. SW. } of SE. 1 of SE. \ 60 Total 600 Mary Thursday, Delaware card No. 87, register No. 627: T. 26 N., R. 12 E.— Section 13— SW. ) of NE. \, W. A of SE. j, E. \ of SW. ], SE. 1 Of XW. S ^40 Section 24— W. I of NE. ! of NE. \, XW. \ of NE. h E. A of X W . J : 140 Ti ital 380 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 255 Edson Washington, Delaware card No. 53, register No. 672: Acres. T. 26 N., R. 14 E.— Section 31— NW. \ of NE. \ of SW. \ 10 George Washington, Delaware card No. 198, register No. 193: T. 28 N., R. 13 E.— Section 20— SW. \ of NE. \ of SE. -], S. A of SE. ',, S. .', of NW. ', of SE. J, SE. } of SW. >, E. A of SW. \ of SW. |, SE. \ of NW. } of S W. I, S. h of NE. i of SW. 4, 200 Section 28— NW. \ of SW. \ of NW. \ 10 Section 29— N. * of NE. j, N. h of S. A of NE. }, NE. \ of NW. J-, N. \ of SE. J of NW. S, NE. \ ofSW. j of NW. '. E. \ of NW. J of NW. \ 210 Total 440 James Washington, Delaware card No. 1, register No. 676: T. 26 N., R. 23 E.— Section 7— N. i of NE. |, N. \ of S. \ of NE. | 120 Mary Washington, Delaware card No. 198, register No. 61 : T. 27 N., R. 12 E.— section 1— Lot 1, NE. \ of SE. \ of NE. \ 50. 09 T. 28 N., R. 12 E.— Section 36— NE. 1 of SE. \, E. \ of NW. | of SE. S, SE. \ of SE. j . 100 T. 27 N.. R. 13 E.— Section 6— NW. \ of SE. | of NW. }, W. 20.18 acres of lot 3, lots 4 and 5 111.16 T. 28 N., R. 13 E.— Section 31— W. i of E. \ < »f SW. j , lots 3 and 4 120. 84 Total 382. 09 William Washington, Delaware card No. 137, register No. S29: T. 22 N., R. 12 E.— Section 13— N. h of N. J of SE. \, SE. \ of NE. \ of SE. 1, SE. j of S W. I of SE. \ 60 Section 24— SE. j of NE. \ of NE. \, E. * of SE. \ of N E. j 30 T. 22 N., R. 13 E.— Section 18— S. 18.18 acres i »f lot 1, lots 2, 3, and 4 127 Section 19— Lots 1 and 2 72. 2S Total 289. 28 Hannah Webber, Delaware card No. 292, register No. 465: T. 27 N., R. 13 E.— Section 11— SE. \ of SW. \ of NE. \, SE. \ of NE. \ of SW. >, SE. \ ofSW. j of SW. | 30 Section 12— W. I of NE. 1 of SW. 4 20 Section 13— NW. j of SE. \, NE. \ of SW. ',, W. \ of NW. ].... 160 Section 23— NW. ', of N E. \ of NW. \ 10 Section 24— NE. \ of NE. \ of N W. \ 10 T. 28 N., R. 14 E.— Section 85— NW. \ of NW. 1 of SW. 5 10 Total 240 Mary White, Delaware card No. 92, register No. 568: T. 2tal 550 John R. Willev, Delaware card No. 305, register No. 642: T. 26 N., R. 14 E.— Section 10— SE. j, SE. \ of SW. }. E. ) of SW. \ of SW. \, SW. \ ofSW. j ofSW. \ 230 Section 15— N. A of 320 Section 21— SW". £ of NE. \ of SW. \, S. I of SW. J, S. } of NW. \ of SW. J 110 Section 28— NE. \ of NE. J of NW. ',. W. J of E. h of NW. ], W. h of N W. 1 130 Total 790 Samuel Williams, Delaware card No. 77, register No. 689: T. 27 N., R. 13 E— Section 7— SE. | of NE. \ of SE. \, E. I of SE. \ of SE. |, NW. \ of SE. 1 of SE. \ 40 Section 8— W. \ of W. ) of NE. ], SW. \ of NW. } of SE. }. W. i of SW. 1 of SE. h E. I of SW. ',, SW. J of SW. ',, E. I of NW. J-, NE. 1 of SW. i of NW. \, E. j of NW. \ of NW. } 300 Section 17— W. .', of NE. \, E. h of NW. J. NE. | of SW. | of NW. ',, E. '. of NW. | of NW. J, NW. \ of NW. ', of NW. \ 200 Total 540 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 257 Amanda Wilson. Delaware card No. 268, register No. 732: Acres. T. 25 K, R. 13 E.— Section 25— NW. ]- of NE. \ 40 T. 26 N., R. 15 E.— Section 2— S. \ of N. A of SW. 1 , S. \ of SW. \ 120 Section 3— S. \ of SE. ',. SW. \ of NW. \ of SE. \, SW. \, S. J of NW. \, SE. 10 acres of lot 3 340 Section 4— Lots 1 and 2, S. I of NE. \, SE. \ 321.42 Section 9— E. £ of NE. \, E". h of W. J of NE. i, NW. £ of NW. i of NE. \ 130 Section 10— N. h 320 Section 11— E. £ 320 Section 12— SE. J of NE. i of NW. \, W. h of NE. \ of NW. J, NW. \ of NW. i, N. \ of SW. ',, N. \ of S". J of SW. \, SW. \ of SW. I- of SW. \, S. J of NW. } 280 T. 27 N., R. 15 E.— Section 33— S. h of NE. \ of SE. \, SE. | of NW. } of SE. J, S. h of SE. } "... 110 T. 27 N., R. 16 E.— Section 26— SW. \ of SW. \ of NE. J, SE. \ of SE. \ of NW. \, W. J of SE. \ of NW. |. SW. j of NW. ',. NW. } of SW. ',, W. h of NE. j of SW. ]. NE. 1 ofNE. ] of SW. \ 150 Section 27— SW. | of NE. j of NE. \, S. A of NW. \ of NE. \, S. J of NE. S. SE. \ 270 Total 2, 401. 42 Joshua Wilson, Delaware card No. 340, register No. 520: T. 24 N., R. 17 E.— Section 15— NW. J of NW. ',, W. \ of SW. | of NW. \, NW. j of NW. \oi SW. | 70 Section 16— NE. \, N. h of N. £ of SE. \, E. h of NE. £ of SW. \. . .. 220 Section 17— N. £ of NE. | 80 Total 370 James Wilson, Delaware card No. 144, register No. 599: T. 26 N., R. 13 E.— Section 29— W. \ of SW. \, E. I of NW. \, E. h of SW. i of NW. i, SW. J of SW. J of NW. ]. SE. J: of NW. \ of NW. • 200 Section 30— SE. \ of SE. \ of NE. \, E. h of NE. \ of SE. \, SW. \ of NE. \ of SE. |. SE. j ot SE. \, E. h "of SW. \ of SE. ], SE. j of NW. }of SE. \ 110 Section 31— NE. \ of NE. \ of NE. } 10 Total... 320 Mary Wilson, Delaware card No. 78, register No. 722: T 27 N R 1 S E Section 11— NW. | of NE. | of NE. \, S. I- of NE. \ of NE. :'„ SE. \ of NE. h N. .', of SW. \ of NE. i, S. h of NW. ^ of NE. \, NE. i of NW. J of NE. i : 120 Section 12— SW. I of NW. i of NE. \, W. J of SW. J of NE. J, NW. > of SW. 1. NW. j 230 T. 27 N., R. 14 E.— Section s— SE. ] of SE. I of NW. \, SW. \ 170 Section 17— N. h of NW. | 80 Total 600 Thomas Wilson, Delaware card No. 343, register No. <47: T. 25 N., R. 16 E.— Section 25— W. \ of NW. \ of SE. |, E. A of NE. \ of SW. \ % SW. \ ofNE. \ ofSW. I NE } ofSE. | of SW. ], SW. £ of SE i 100 Section 26— N. A of NE. }, SW. \ of NE. \, N. A of SE. \ of NE. !, SW. I of SE. [ of N !•:. j , N W. 1 of SE. \ . NW. \ of NE. \ of SE. }.. 200 Section 36— W. \ of SE. | of NW. \, E. h of SW. \ of NW. \, SW. J of SW. \ of NW. j 50 Total 350 S. Doc. 104 17 258 ALLOTMENT OF LANDS TO DELAWARE INDIANS. William Wilson, Delaware card No, L84, register No. 136: Acres. T. 28 N., R. 12 E.— Section 12— S. \ of SE. 1 of SW. ', 90 Section L3— SE. | of SE. | of NE. \, W. \ of SE. | of NE. k SW. j of NE. | of NE. |, s\V. | of NE. k S. \ of NW. \ of NE. k NW. I of NW. \ of NE. !, N. .'. of SE. \, X. .', of S. .', of SE. ',, NE. ]- of SE. .{ of SW. k W. .', of SE. | of SW. J, SW. i of SW. ',. X. i of SW. 1, E. \ of NW. S, E. I of SW. 1 of NW. k SE. ', of NW. 1 of NW. ', 490 Section 14— S. > of SW. ', of NE. ',, NW. 1 of SW. ! of NE. ', 30 Section 24— SW. | of SW. 1 of NE. k W. I of NE. I of NW. k NW. JnfNW. i I 70 T. 28 N., R. 13 E.— Section 15— NW. ] of SE. $, NW. \ of SW. J of SE. k NE. J of SE. 1 of SW. k W. \ of SE. i of SW. 1, NE. 3 of SW. h W 7 . \ of SW. 4_. 200 Secti. >n 16— E. \ of E. A of SE. J 40 Section 18— SW. 11.84 acres of lot 2, N. 21.71 acres of lot 4 33.55 Total S83. 55 Henry AVolfe, Delaware card No. 72, register No. 427: T. 28 N., R. 19 E.— Section 1— SW. \ of SE. \ of NE. \, S. h of SW. | of NE. k NW. J of NE. i of SE. I, S. * of NE. } of SE. \, N. * of SE. \ of SE. h SW. J of SE. i of SE. i, W. J of SE. J, E. * of SE. \ of SW. }. . 190 Section 2— N. h of S. A of SE. k N. A of SW r . J -, W. * of S W. \ of SE. J . 140 Section 3— Lots 1, 2, and 3, S. * of NE. \, SE. £ of NW T . k N. A of SE. \, W. * of SW. \ of SE. J 247.34 T. 29 N., R. 19 E.— Section 32— E. A of SE. } 80 Total 657.34 John Yellowjacket, Delaware card No. 149, register No. 437: T. 27 N., R. 12 E.— Section 1— SE. \ of SW. \ of SE. \, W. A of \V. A of SE. h E. A of SW. i, SW 7 . } of SW. k SW. i of NW: i of SW. \ "... 180 Section 12— W. A of NE. |, N. A of NW. \ of SE. k NE. \ of NE. | of SW. k E. A of NW 7 . I, NE. } of SW. J of NW. J, E. A of NAV. A of NW. i, NW. ] of NW. } of NW. J ."... 230 T. 27 N., R. 14 E.— Section 16— NE. J of NW. J of NW 7 . \ 10 Total 240 John Young, Delaware card No. 74, register No. 219: T. 27 N., R. 12 E.— Section 1— NW. } of SE. J of NE. \, N. A of SW. J of NE. }, SW 7 . \ of SW. Aof NE. k SE. lot NW. }. lots 2 and 3 160.76 T. 28 N., R. 12 E.— Section 25— S. A, of SE. \ of NE. $, NE. J of SE. k W. A of SE. £ of SE. J, E. £ of SW 7 . i of SE. k NW. £ of SW. J of SE. i, S. A of NW. ] of SE. \, NE. iof NW. \ of SE. } "... 140 Section 36— W. A of E. A of NE. ], E. * of W. A of NE. k SW. J of SW. ] of NE. k W. A of NW. } of SE. i, SW. -]- of SE. k E. A of • NE. \ of SW 7 . k NW. \ of NE. J of SW. \, E. A of SE. \ of SW 7 ". k SW. iof SE. }of SW. k SE. J of SW. \ of SW. \ 220 T. 2SN., R. 14 E.— Section 29— SW 7 . | 160 Total 680. 76 Matilda Zane, Delaware card No. 232, register No. 229: T. 27 N., R. 16 E.— Section 30— SE. \ of NE. \, SE. \ of SW. \ of NE. k SE k E. A of SW. \ "... 290 T. 26 N., R. 17 E.— Section 29— N. A of NE. \ of NW. \ 20 Total 310 ALLOTMENT OF LANDS TO DELAWARE INDIANS. 259 No. 174. Department of the Interior, Washington, January 13, 1904- The Commissioner of Indian Affairs. Sir: The Department is in receipt of your repent dated January 12, 1904, trans- mitting therewith a report from the chairman of the Commission t<> the Five Civilized Tribes, dated January (l, l ( .i()4, forwarding the report of the Commission, dated December 31, 1903, relative to "the Delaware segregation." You state that "the report and schedules, together with the previous correspond- ence relating to this subject, have been carefully considered, and 1 can not recom- mend the approval of the schedules." You also state that one copy of the Commis- sion's report of December 31, 1903, has been retained by your office; that all the other papers received with the chairman's report of January 6, except the copy of the Commission's report informally furnished the Department, are inclosed therewith. You have not given the Department any reasons why you "can not recommend the approval of the schedules." In view of the very great importance of a proper determination of this matter, you are requested to make further report and to state therein specifically the reasons why said schedules ought not, in your judgment, to be approved, in order that the Department may be fully informed in the premises. You are requested to make your action special in this case. Respectfully, E. A. Hitchcock, Secretary. No. 175. Department of the Interior, Washington., January 13, 1904. ■ The Assistant Attorney-General for the Interior Department. Sir: The Department is in receipt of a communication from the Commissioner of Indian Affairs, dated January 12, 1904, transmitting a report of the chairman of the Commission to the Five Civilized Tribes, dated January 6, 1904, forwarding a report of the Commission, dated December 31 last, concerning the Delaware segregation. Inasmuch as the instructions to the Commission were prepared in your Office, I have to request your opinion whether the schedules submitted have been prepared in accordance with the directions of the Department, and whether they ought to be approved. The repoi't of the Commission and the schedules have been made in triplicate, one copy of the report being retained in the Office of the Commissioner of Indian Affairs. A ropy of the communication of the Commissioner, a copy of the letter of the chair- man of the Commission, the report of the Commission, one copy of each of the papers transmitted therewith, are inclosed for your consideration. Action is requested as early as practicable. Respectfully, E. A. Hitchcock, Secretary. No. 176. Department of the Interior, Office of Indian Affairs, Washington, January 15, 1904- The Secretary of the Interior. Sir: The Office is in receipt of Department letter of January 13, 1904, in which the office is directed to give specific reasons why the schedules transmitted by the Com- mission on January 6, 1904, and forwarded with Office report of January 12, relating to the Delaware segregation, should not in the judgment of the Office be approved. In reply attention is respectfully invited to the Commission's report of December 31, 1903, concerning said schedules, and the statements therein contained seem to this Office to be sufficient reasons to prevent the approval of said schedules. The Office will not attempt at this time to review all of the statements contained in said report, which indicate to it that the schedules ought not to be approved, and will 260 ALLOTMENT OF LANDS TO DELAWARE INDIANS. therefore only invite attention to such statements therein as arc considered by the Office of more than ordinary importance in indicating that the schedules do not comply with the requirements of the law. I'iic Delaware-Cherokee agreemenl of April 8, L867, provides among other things "The selections of lands to be purchased by the Delawares may be made by said Delawares in any part of the Cherokee Reservation east of said line 96 degrees not already selected and in possession of other parties; and in case the Cherokee lands shall bereafter be allotted among the members of said nation, it is agreed that the aggregate amount of land herein provided for the Delawares, to include their improve- ments according to legal subdivisions when surveys are made (that is to say, L60 acres for each individual), shall be guaranteed to each Delaware incorporated by these articles in the Cherokee Nation; nor shall the continued owner-hip and occu- pancy of said land by any Delaware so registered be interfered with in any manner whatever without his consent." Section 23 of the Cherokee agreement, ratified August 7. 1002, which is the only Cherokee agreement that was ratified by the tribe and confirmed by Congress, declares that the Delaware Indians, who are members of the Cherokee Nation, shall .share in the distribution of lands and funds of the Cherokee tribe, as their rights may be determined by the Court of Claims or the Supreme Court of the United States in the suit authorized to he brought by section 25 of the act of June 28, L898, and that if said suit has not been determined by the court before the Commission is nady to begin the allotment of the lands belonging to the Cherokee Nation "the Commission shall cause to be segregated 157,600 acres of land, including lands which have been selected and occupied by Delawares in conformity to the provisions of their agreement with the Cherokees, dated April 8, 1867, such lands so to remain subject to disposition according to such judgment as may be rendered in said cause." On page 30 of the Commission's report of December 31 last, the following appears: "It is urged that these lands are of the best lands, and that those now taken from the public domain by the Commission are, generally speaking, of much lower grade and value." The lands referred to by the Commission as of the best grade are those included in the segregation or alleged segregation as made by the Commission or as claimed to have been made by the Commission December 17, 1902, as subsequently modified by agreement between the attorneys representing the Cherokee Nation and the Del- awares, respectively, January 23, 1903. Referring to the above quotation from page 30 of the Commission's report, attention is invited to the fact that the Commission on this page of said report also says: " This is true It is also true that if the Commission could find average land available for this segregation it would, as a matter of justice both to the Delaware claimants and the Cherokee Nation, select such lands to complete the segregation to the amount required by law." The Commission here states that the lands included in the schedules now under consideration, at least that part selected from the public domain, is of an inferior grade, and such admission appears to this office to be an indication that "a matter of justice" has not been accorded the Delaware Indians. The Office did not recommend the original segregation. It was transmitted with office report of April 30, 1903, and the position was taken that it was the duty of the Commission to investigate and determine whether the lands segregated by them were in the possession of the Delaware citizens. The Commission also says: "If they have improved land in excess of what they are considered entitled to as Delawares. they, under the practice of the Commission, can and do still have such land set aside for them, in addition to what we have reserved from the public domain, to the value of 110 average acres, the allotable right and interest of a Cherokee." This office understands that it is the duty of the Commission under the law to segre- gate the 157,600 acres "selected and occupied by Delawares;"' that the "practice of the Commission" has nothing whatever to do with the matter, and that the law governs. It is also said: " Every Delaware not found in possession of land is recognized in what is taken from the public domain, and still he also can at anytime have reserved for him a regular Cherokee allotment." With this statement the Office does not agree. It does not now and never has believed thai a registered Delaware has any right to share in the residue of Cherokee lands remaining after the Delaware segregation shall have been made. However. this is a matter to be determined by the court and not by the Commission, this office, or the Department, and the above remarks are made simply for the purpose of pointing out the inconsistency of the Commission's report in this particular. On page 12 of the Commission's report of December 31 last the following appears: ALLOTMENT OF LANDS TO DELAWARE INDIANS. 261 Total acreage of land of different classes found to constitute the Adams and Logan list of land, as per the records of the Commission. Acres. Held by registered Delawares with no adverse individual claimants 61,006.97 Held by registered Delawares, but having adverse claimants 1,550.22 Held by nonregistered 1 >elawares with no adverse claimants 26, 258. 49 Held by nonregistered Delawares, but having adverse claimants 1,358.59 Held by Cherokees 39, 120. 45 Held by unidentified parties 11, 103.63 Public domain 17, 102. 44 In town sites: Approved 48. 87 X< it approved 55. 00 Total of the Adams and Logan segregation 157, 604. 66 Of the lands above indicated there are — Acres. Held by the Delawares, with no adverse claimants 61, 006. 97 Held by nonregistered Delawares, n< > adverse claimants 26, 258. 49 Held by unidentified parties 11, 108. 63 Public domain 17, 102. 44 Total 115,471.53 From the above it will he readily seen that of the lands in the aileged original seg- regation 115,471.53 acres are nut claimed by Cherokee citizens, and of this amount 17,102.44 acres is public domain; yet the Commission, as shown by page 28 of their report, lias only included in the schedules under consideration 20,609.45 acres of the land in the alleged original segregation, which is only 3,507.01 acres more than the area of public domain contained in the original segregation. Page 28 of the Com- mission's report shows than 136,9M5.2~> acres of the land included in present proposed segregation were not included in the original segregation, and page 80 of said report shows that these lands were selected from the public domain, and, as hereinbefore stated, it is also shown on the page last mentioned that said lands are of an inferior quality. Much stress is laid upon the opinion of the First Assistant Attorney-General for the Interior Department, now Assistant Attorney-General for the Department, of October •">, 1897, in which the present contentions of the Delawares were considered as untenable. Said opinion the Office does not understand has anything whatever to do with the duties of the Commission in the premises. It was rendered long prior to the Cherokee agreement and several months before the passage of the Curtis Act. Since the passage of the Curtis Act the powers, duties, and obligations of the Com- mission, in so far at least as the Delaware segregation is concerned, have been plain, and in fact mandatory. On pages 23 and 24 of the Commission's report the position is taken that it is the duty of the Commission to construe the meaning of the Delaware-Cherokee agree- ment of April 8, 1867, and that "the legal duty is clear and mandatory." It appears to the Office that this is the very question that is now pending before the Supreme Court of the United States in the Delaware-Cherokee suit, and that the Delawares will share in the Cherokee lands in accordance with the construction put upon said agreement by the court and not in accordance with the construction put upon said agreement by the Commission. As was said by this ( >ffice in report of April 3, 1903, it does not believe that the Department or the Conynission has anything to do with the effect which the segregation may have on the final determination of the suit now pending, and that it is not believed "that to comply by'the Commission with the statutory directions" will "in anywise prejudice the rights of either party in interest." The Commission seems to lie of the opinion that R. C. Adams by pur- chasing improvements on Cherokee lands, alleged by him to be for the benefit of the Delawares, " has revealed as the most ingenious, persistent, and comprehensive scheme under the pretext of the law to hold land for personal benefit and contrary to law, and to appropriate the lawful holdings of others without their knowledge or consent that the Commission has yet come in contact with." At the same time, on page 11 of their report, the following appears: It was intended to send you a list of this land grouped into totals of individual holdings, and we hope to send you such an arrangement of the data in a short time. 262 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Bu1 a presenl partial examination shows the following ( Iherokee citizens to be among the principal holdersof these lands and the amounts of their holdings: Acres. Roberl I., Owen 6,931.75 Francis B. Kite 2. o7<'. Its Edward L. Halsell 1,462.62 Jacol > 1 1 . Bartles 1 . 1 49. 62 Total 12, 123. 97 Adams claims to have purchased these improvements for the benefit of the Dela- ware Indians ami nut I'm' his own personal benefit or gain.. In fact, the Commission's report shows that on December 23, l'.>:>:;, with reference to this subject, Hon. James K. Jones, as counsel for .Air. Adams, advised the Commission as follows: "That for the purpose of inducing you to include these lands in the Delaware segregation for the benefit of his people, and subject to the action of the Supreme Court, he stands ready to, and hereby proposes to, convey all such lands in any way that you maysuggest to any committee of Delaware Indians, to be selected by you or your Commission, to be held by them under the direction of your Commission for the sole benefit of the Delaware tribe of Indians." On the other hand, to illustrate, it appears that Francis B. Fite is holding possession of 2,579.98 acres of land in the Cherokee Nation. Mr. Fite and the mem- bers of Ids family may be entitled to lands to this extent, but it is hardly probable that the members of any one Cherokee family will be entitled to such an area "of the best lands" of the Cherokee Nation, and section 18 of the Cherokee agreement declares that it shall be unlawful after ninety days from the ratification of the agree- ment for any member of the tribe to hold possession of "more lands in value than that of 110 acres of the average allotable lands of the Cherokee Nation, either for himself or for his wife, or for each of his minor children, if members of said tribe," and section 19 thereof provides that any person convicted of so holding excess lands shall be punished by a fine of not less than $100, and that each day upon which such offense is committed or continued shall be deemed a separate offense. It is believed proper to remark that in the opinion of this Office the Commission to the Five Civilized Tribes should be directed to ascertain and report whether the persons mentioned in their report, or any other person or persons, are holding more lands than they and the member.- of their family are entitled to. The Commission to the Five Civilized Tribes seems to be of the opinion that the Delaware Indian- should have selected the lands they intended to take in accord- ance with the provisions of the Delaware-Cherokee agreement at the time they removed to the Indian Territory, shortly after April 8, 1867. It appears that the Commission has entirely overlooked the fact that the Cherokee Nation was not surveyed until nearly thirty years subsequent to the date of said agreement, and in fact the survey was not finally completed until more than thirty vears after the date of that agreement had elapsed. The survey was first authorized by the act of Congress approved -March 2, 1895 (28 Stat. L., 876-900), and the field work, the office is advised by the Geological Survey, was not completed until about July 1, 1898, consequently the Delaware Indians or Cherokee citizens could not prior to that date have selected their lands by legal subdivisions. The Commission's report shows that of the land contained in the alleged original segregation 115,471.53 acres is not claimed by any person other than a Delaware Indian, unless the 11,103.63 acres claimed by unidentified persons is claimed by Cherokees, and the 17,102.44 acres public domain is also so claimed, but such claim is not shown by the Commission's report; yet of this area but 20,609.45 acres are included in the new schedules, and this fact is in itself, the Office believes, sufficient to prevent the approval of the schedules transmitted with Office report of January 12, 1904. On page 20 the Commission quotes from a letter from Walter S. Logan of Decem- ber 3, 1903, as follows: "The Delawares, therefore, are to make their own selections. "The selections they have made are on tile with you. The only question that can arise, therefore, is as to whether any part of the lands so selected wen- 'already selected and in the possession of other parties' within the meaning of the agreement. "The phrase 'already selected and in the possession of other parties' refers, of course, to the date of the agreement — that is, April 8, 1867. "* * * We are entitled to have segregated to us the lands which we have selected, and which were not, on April 8, 1867, 'already selected and in the posses- sion of other parties.'" ALLOTMENT OF LANDS TO DELAWARE INDIANS. 263 And says: "Mr. Logan's position need only be quoted to be understood. It hardly permits of comment. "There are few improvements in the Cherokee Nation of so ancient a date as the 8th of April, 1S67. This is particularly true of what is now the most populous and opulent part of the nation. In view of these facts, and Mr. Logan's opinion, and the general disposition manifested by these gentlemen, we can hardly be surprised at the inclusion in their list, in one way or another, of nearly 40,000 acres of the occu- pied lands of Cherokees, and also of some approved, as well as unapproved, town- site property. We can only be surprised that Mr. Adams should deem it necessary to liny any property at all, that they did not attempt to take more, and that Mr. Logan, perhaps for color and support, should make the following statement, as he does at the close of his letter of December 3, in speaking of the views of the honor- able and distinguished attorney for the Cherokee Nation, viz: "'I had a talk with Mr. William T. Hutchings in Washington yesterday on this matter, and his views and mine seem to be in entire accord in this matter.' "It is true in part, at least, that this remarkable attempt has been made to acquire and retain large bodies of the choice and improved lands and homes of the Cherokees." The Delaware-Cherokee agreement of 1867 authorized the Delaware Indians to "select" Cherokee lands not in the possession at the date of the agreement of any other person. Section 23 of the Cherokee agreement refers to these lands as those which "have been selected and occupied by Delawares." From the provisions of the Delaware-Cherokee agreement of 1867 and those of the Cherokee agreement rati- fied August 7, 1902, it is evident to this Office that the Delaware Indians have the right to select the 157,600 acres they are supposed to have purchased from the Chero- kee Nation, and that they may select said lands in any part of the Cherokee Nation east "of said line of 96 degrees" unless such lands have been selected by some other person. As to Mr. Logan's statement that the Delawares are, under the provisions of the agreement of 1867, entitled to take lands "already selected and in the possession of other parties," the Office has to say that it does not believe that this statement is borne out by either of these agreements. It appears that the Delaware Indians, as hereinbefore stated, and also Cherokee citizens, could not select their lands by legal subdivisions until about July 1, 1898, and it is not believed that Delaware citizens have the right to select lands now in the possession of other parties unless it is con- clusively shown that such lands were, prior to the selection by other parties, selected by the Delawares. There does not appear to have been any time limit fixed by the agreement of 1867 in which the Delawares should make the selection referred to. In view of the foregoing, as stated in office report of January 12, I can not recom- mend the approval of the schedules transmitted with that report. Very respectfully. W. A. Jones, Commissioner. No. 177. Department of the Interior, Office of Indian Affairs, Washington, January IS, 1904- The Secretary of the Interior. Sir: The < Miire is in receipt of Department letter of January 13, 1904, transmitting a copy of a resolution of the Senate of January 11, 1904, directing the Department to transmit to it copies of the report of the Commission to the Five Civilized Tribes, dated November 11, 1903, "of allotment of lands and segregation of lands in the Cherokee Nation to the Delaware Indians * * * and all other papers relating to such allotments and segregation." You request that I transmit to the Department immediately copies of any papers on tile in the Office desired by the Senate. In reply, I have the honor to advise you that a careful search of the records and correspondence of the Office has been made, and it appears therefrom that all of the original papers and the originals of office reports, or office letters relating to this subject, are in the possession of the Department, except the following, to wit, Agent Shoenfelt's report of August 11, 1903; office letter of August 22, 1903, to Agent Shoenfelt; office telegram of September 22, 1903, to the Commission to the Five Civilized Tribes; letter of Isaac Secondine and others, dated September 11,1903: 264 ALLOTMENT < >F LANDS T<> DELAWARE INDIANS. office reply thereto of September 22, 1903, and office letter of October 6, 190:5, to the Commission to the Five Civilized Tribes, copies of which are inclosed. Search of the records and correspondence of the Office from November 15, 1899, to date was made. Very respectfully, W. A. Junks, Commissioner. Department of the Interioe, United States Indian Service, Union Agency, Muscogee, Tnd. T., August 11, 1908, The Commissionee of Indian Affairs. Sir: I have the honor to state that I am in receipt of a communication from Richard C. A.dams, the representative of the Delaware Indians, dated Washington, August 6, 1903, advising that he has been informed that certain leases have been taken in the Cherokee Nation, some covering lands claimed by Delaware Indians and marked on the maps of the Commission to the Five Civilized Tribes as Delaware segregated lands. Air. Adams incloses a map which purports to show the segregated lands as claimed I >y the Delaware Indians; also a petition for injunction against the Commission to the Five Civilized Tribes and the Secretary of the Interior, together with a temporary restraining order granted by Justice Anderson. Air. Adams states that he hies a protest against my approving or recommending for approval any leases in the Cherokee Nation, where the same will conflict or in any manner infringe upon lands claimed by the Delaware Indians or included in tracts marked in red upon the map sent by him to me. The map, petition, and temporary restraining order will be retained in the files' of this office. I shall be pleased to receive any instructions that the Department may have on this subject. Very respectfully, J. B. Shoenfelt, United States Indian Agent. Department of the Interior, Office of Indian Affaies, Washington, August .'.', 1903. J Blair Shoenfelt, Esq., United States Indian Agent, Union Agency, Muscogee, Tnd. T. Sir: I am in receipt of your letter of the 11th instant saying you have received a c< inimunication from Richard C. Adams, the representative of the Delaware Indians, dated Washington, August 6, advising you he had been informed that certain leases have been taken in the Cherokee Nation, some covering lands claimed by the Dela- ware Indians and marked on the maps of the Commission to the Five Civilized Tribes as Delaware segregated lands; that Mr. Adams inclosed you a map which purports to show the segregated lands as claimed by the Delaware Indians, also petition for injunction against the Commission to the Five Civilized Tribes and the Secretary of the Interior, together with a temporary restraining order granted by Justice Anderson, of the supreme court of the District of Columbia. .Mr. Adams states to you that he files a protest against your approving or recommending for approval any leases in the Cherokee Nation which will conflict or in any manner infringe upon lands claimed by the Delaware Indians or included in tracts marked in red upon the map sent by him to you. Yon say the map, petition, ami temporary restraining order will be retained in the files of your office, and that you will be pleased to receive any instructions the Department may have to give you on the subject. The injunction proceeding alluded to by Mr. Adams is pending in the supreme court of the District of Columbia, and the Department has raised the question of the validity of the so-called segregation by the Commission to the Five Civilized Tribes. I hope the matter will lie determined in the court in the near future, but in the meantime, in case leases are submitted to you covering the lands shown by Mr. Adams's map as claimed by the Delaware Indians, that fact should be reported in connection with your submission of the lease or leases to this Office through the United States inspector for Indian Territory. Very respectfully, W. A. Jones, Commissioner. (Through the United States Indian Inspector for Indian Territory.) ALLOTMENT OF LANDS TO DELAWARE INDIANS. 265 [Telegram.] Department of the Interior, Office of Indian Affairs, Washington, September j. j , 1903. The Commission to the Five Civilized Tribes, Muscogee, Ind, T.: Referring to your telegram of September 21. Original register of Delaware Indians incorporated into the Cherokee Nation under agreement of 1867 has been lost or mis- laid. Office has copy of the register of said Delawares heretofore in possession of the Cherokee authorities, presumed to be now in your possession, which was made from that register and certified to by executive secretary of the nation June 20, 1893. Also has Pratt's list of Delaware Indians, with a description of their lands, the value thereof, and the valuations of the improvements thereon, who elected to remove to the Indian country. Can not make certified copy, but will loan you either register. A. C. Tonner, Actual Commisssioner. Nowata, Ind. T., September 11, 190S. The Commissioner of Indian Affairs: We, the undersigned registered Delawares, respectfully request that you cause our lands to be segregated in accordance with the treaty between the United States and the Cherokee Nation adopted on or about the 6th day of August, 1902. Our reasons for the request are as follows: The law requires it. and it is necessary for our protection. It is necessary for our protection because the Delawares 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 tile on our land, and it has been done in several instances, and the only redress we have is to begin a contest, which is very expensive and which some of us are not able to do. It is also necessary from the fact that much land has been segregated that is not now or ever was Delaware land, but is excessive holdings among Cherokees, and is as a consequence wrongfully and unlawfully withheld from allotment, thereby depriving the Delawares, who have an insufficient amount of land, from getting what is justly theirs. Respectfully submitted. Isaac Secondine. Jas. Randall. L. T. Estes. C. E. Bratcher. Luella C. Roberts. Ben Connor. Lucinda Hicks. Frank Randall. Mary Weaver. Julia Hall. Mary Nairn. Department of the Interior, Office of Indian Affairs, Washington, September 22, 1903. Isaac Secondine and others, Nowata, Ind. T. Gentlemen: The Office is in receipt of your communication of September 11, 1903, requesting that it cause to be segregated, in accordance with the provision of law, the lands occupied by the Delawares. In reply, you are advised that the matter relating to the segregation of Delaware lands is mm pending before the supreme court of the District of Columbia, and that this < >tlice or the Department can take no action in the premises until such time as the court shall have rendered a decision. Very respectfully, A. C. Tonner, Acting Commissioner. 266 ALLOTMENT OF LANDS TO DELAWARE INDIANS. Department of the Interior, Office of Indian Affairs, Washington, October 6, 1908. The C< amission to the Five Civilized Tribes, Muscogee, Tnd. T. Gentlemen: The Office is in receipt of your communication of October 3, L003, requesting that the certified copy in the possession of the Office of the original regis- ter of Delaware Indians incorporated into the Cherokee Nation under the agreement of L867 be forwarded to you. You state the Commission has heretofore had the use of a copy of this register, which was borrowed from a private individual; that he has called upon the Commis- sion for the return of the same, and it has therefore become necessary for yon to secure a copy of the register for your official use. In reply, you are advised that the certified copy of the register mentioned has been transmitted to you this date, under separate cover, by registered mail. This copy was furnished the Office July 6, 1893, by the then acting United States Indian agent, Leo Bennett. The copy is certified to under date of June 20, 1903, by John L. Adair, the then executive secretary of the Cherokee Nation. His certificate bears the seal of the nation and is in the following language: "I, John L. Adair, executive secretary, do hereby certify that the list of names hereto attached of the Delaware Indians incorporated in the Cherokee Nation under agreement of April 8, 1867, is a correct transcript of the record in this department as taken from the original list. "Attest my hand and the seal of the Cherokee Nation." You are requested to return the register for the files of this ( )rnce as soon as you shall have finished with it. Very respectfully, A. C. Toxner. Acting Commissioner. o a* LB Mr '05 i