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| Ethan Allen Hitchcock. |
Cortland Evening Standard, Tuesday, September 29, 1903.
SUIT BY DELAWARES.
Indians Want $1,000,000 Damages From the United States.
INCURRED IN DEFENDING TITLES.
Sensational Accusations Against the Dawes Commission—Said to Be Interested In Oil Leases Upon Lands In Dispute—Question of Title to 157,000 Acres.
Washington, Sept. 29.—Justice Anderson of the supreme court of the District of Columbia has rendered an opinion in the injunction proceedings of the Delaware Indians against Secretary Hitchcock and the Dawes Indian commission, dissolving the temporary injunction heretofore granted.
The case involved the right of the secretary to pass on the 157,000 acres of land in the Cherokee nation, segregated for the use of the Delawares.
The Indians claimed that the secretary is without authority to approve or disapprove of the segregation, as it has been approved by the Indians interested, and a temporary injunction was granted.
Soon after the decision was rendered an attorney filed a petition in the court of claims for the Delawares against the United States asking for $1,000,000 damages because of the expenses to the Indians for defending title of their lands.
In this petition they make some sensational statements. One of these accusations is to the effect that members of the Dawes commission are interested in oil leases and companies holding leases made upon their lands by Cherokees, claiming title. The petition alleges that the Dawes commission, disregarding their official duties, conspired and confederated to cheat the petitioners so as to gain possession of their lands for themselves or for their companies under the pretence of allotting said lands to divers persons who are willing to enter into contracts of lease and sale with representatives of trust and land companies, in which the members of the Dawes commission are interested.
It is further charged that the Dawes commission, after the segregation of the land to the Delawares, allowed more than 200 persons, not Delawares, "to make selections for homes upon parts of the said Delaware lands so segregated as aforesaid, and have allowed such persons to file applications for allotments thereon, and have sought by recommendations contained in their report of April 20, 1903, to the secretary of the interior to cause steps to be taken to prevent the supreme court of the United States from rendering such judgment in the cause now pending therein as would confirm in your petitioners the title to said 157,000 acres so segregated as aforesaid."
The secretary of the interior is charged with unlawful acts to defraud the Indians, such as that of encouraging white men who have married squaw wives to make claim to Delaware lands.
CASE OF W. A. MILLER.
Discussed by Washington Central Labor Union.
NO FIGHT AGAINST PRESIDENT.
Stated That They Had a Right to Petition Him to Rescind His Action In the Case and to Request Other Labor Organizations to Join Them In That Object.
Washington, Sept 29.—The attitude of the Central Labor Union toward President Roosevelt came up for discussion at a meeting of that body last night in connection with the case of W. A. Miller, the assistant foreman in the bindery of the government printing office, in which the union has taken an active interest.
After the meeting it was stated that the union was not waging a political campaign against the president, but that its members thought they had the right to petition, and to request other labor organizations to petition the president to rescind his action in the Miller case.
FOR THE LAST FAREWELL.
Mrs. Van Wormer Going to Visit Her Three Stepsons.
Albany, N. Y., Sept. 29.—At 7 oclock this morning Mrs. Van Wormer left this city for Dannemora, where she will bid farewell to her three stepsons, Willis, Burton and Frederick, who will die at noon on Thursday. The woman is heartbroken because she feels that owing to her poverty she cannot claim the bodies after the electrocution. She will see Warden Deyo and endeavor to make some arrangements whereby she can have the remains of all brought to Greenport for burial.
Mrs. Van Wormer spent the night with relatives on 2nd-st.
PAGE FOUR—EDITORIAL.
An Isthmian Republic.
If Panama were to secede from Colombia, carrying out the threat which has been implied if not actually expressed, what would be her strength and resources? The question of secession has already been discussed at Bogota, as well as in Panama, and cannot be said to be in its incipient stage. A glance at a map of South and Central America suggests the inquiry. "Why should Panama belong to Colombia?" If convenience and contiguity amounted to anything, Panama would belong to the Central American confederation, but chance willed that it should join itself to Colombia.
Lying between Costa Rica and Colombia, it embraces the narrowest part of Central America and for centuries has been deemed the most available region to be pierced by an Atlantic-Pacific canal. The question which now is uppermost in the minds of Panama residents is how to slough off from Colombia and set up as a little republic on its own account.
Geographically it is comparatively isolated from the greater portion of the republic to which it is joined, and if it were to secede would not greatly embarrass Colombia, which would still have ports on the Caribbean sea as well as on the Pacific ocean. It is more a matter of pride and sentiment than convenience with the Colombians, who also recognize the very desirable acquisition they have in Panama, with its potential millions in the matter of the canal rights alone.
But Panama has, as it thinks, almost a "casus belli," or at least good cause for a grievance, in the fact that it is not treated by Colombia with the respect due a state of its commanding situation and international importance. If it decisively separates it will probably base its contention, first of all, upon the statement that there has been no really republican government in Colombia for nearly seventeen years, when the sovereignty of its constituent states was practically abolished and they were converted into "provinces." The departments of Panama, Cauca and Bolivar joined in a declaration some time ago that inasmuch as the so called constitution had not been submitted to the people it was not legal and therefore was not binding on the several protesting states, and this attitude has been consistently maintained. If the isthmian republic were to be set up it would probably be composed of the three states of Panama, Cauca and Bolivar with an area of about 32,000 square miles and a population of perhaps 300,000. It would be rich in native resources, such as gold, iron, coal, copper, pearls, precious woods, rubber, coffee and all tropical products, and a vast trade could be greatly developed.
The continent of Central America has been likened to a cornucopia, and though Panama constitutes the small tip of this horn of plenty it will not necessarily "come out at the little end of the horn." With its world famous canal site and the short but important transcontinental railway crossing the isthmus it will always be an object of importance to the world at large.
Historically it is one of the famous regions of the world, having been conspicuous ever since Balboa, from Darien, just south, discovered the Pacific in 1513. It holds within its confines the site of one of the oldest cities in America, old Panama, founded in 1518.
In view of what has recently transpired in Colombia and of the manner in which Panama has been treated by that republic in the recent past the secessionists claim that not only their own interests, but those of the civilized world in general, would be served by the establishment of an independent republic at the isthmus. As to the complications that might arise, with the United States pledged to maintain open transit across the isthmus and at the same time have an eye to the integrity of Columbia, neither the secessionists nor the diplomats have publicly announced their conclusions.
CORTLAND-ITHACA.
Adjourned Hearing on the Matter of the Franchise.
FURTHER ADJOURNMENT SECURED.
Applicants Had Not With Them a Detailed Statement as to the Cost of Building the Road—Some General Figures in Regard to Construction—Fifteen Cars to be Used—Cost Lumped off at $154,000.
The adjourned hearing of the State Railroad commission in the case of the Cortland-Ithaca Traction company, which is desirous of getting the permission of the commission to build an electric railroad from Cortland to Ithaca, was held in Elmira yesterday and was again adjourned late in the afternoon without getting any nearer a decisive point than did the hearing at Dryden during the early part of the month,
A special dispatch from Elmira to the Ithaca Journal yesterday said: The hearing at Elmira hinged upon a question of a detailed statement regarding the construction of the road. The witnesses for the promoters were unable to produce certain combative evidence until this statement was produced, and it was finally decided that the hearing would have to be continued at future date.
With Col. George W. Dunn of Binghamton presiding, and his colleagues F. M. Baker of Owego, and Joseph M. Dickey of Newburg present, the hearing was called to order in the Rathbun House at 10 o'clock. The Hon. George E. Monroe appeared as the representative for the applicants with Eli H. Chandler of Philadelphia, the vice-president of the Traction company assisting. General George M. Diven and Attorney A. S. Diven of Elmira, assisted by J. F. Schaperkotter, the general agent of the Lehigh Valley Railroad company of New York, appeared for the objectors.
Mr. Monroe called as his first witness Professor Henry N. Ogden of Cornell, the engineer of the proposed road. He testified in general to the proposed plans and stated that the cost of the road, exclusive of the rails, ties and equipment, would reach $154,000.
The vital movement came when Attorney Diven cross-examined Mr. Ogden and asked him questions relative to the details of construction. When asked if he had a detailed statement regarding the construction Mr. Ogden replied in the negative, and stated that he could not answer some of the questions without referring to his note book which he had left at home.
Attorney Diven appealed to the commissioners by stating that he would be unable to produce his expert testimony in opposition without first getting the detailed statement from the promoters. At this Chairman Dunn took occasion to severely criticize the applicants for not being prepared with the statement which, he said, had been promised at the Dryden hearing.
Mr. Chandler, in reply, said he did not understand that the statement had been promised, but that he was perfectly willing to produce it at a future date.
When Mr. Chandler was called to the stand he testified to the manner in which the road would be equipped. He said there would be fifteen cars, all of modern type with air brakes and the latest safety appliances for grades. The fifteen cars he said would cost $36,000 and the engines and boilers, for the power station, $58,000. His testimony concluded at 12:30 o'clock.
At 4 o'clock the hearing took an adjournment. The commissioners went to Buffalo last night where they were to conduct a similar meeting. Later they will return to Elmira for the final hearing of the Cortland-Ithaca road.
TAKEN PRISONER.
David R. Shults Recalls Some Incidents of the 157th Regiment.
To the Editor of The Standard:
Sir—Captain Saxton in his reminiscences of the One Hundred Fifty-Seventh regiment, mentions in a recent letter how Captain Dilinger by a well placed shot in the battle of Gettysburg, disabled one of the enemy's guns. How well I remember that gun. I was taken prisoner in the first day's battle and in passing over the ground I called the attention of a Confederate general to it and asked him why they left the gun out there. He replied that they had plenty of guns without that one. "We have plugged this one, "I responded, "and will plug a good many more before we are through with you."
Just then one of our officers, wounded and also a prisoner, called to me, "For God's sake, give me a drink of water." I gave him a drink from my canteen and the guard said, "I've a good mind to shoot you for helping that Yankee."
We passed on in our march to the rear and soon came to a rail fence which had heaps of dead lying in the corners with canvas stretched over their bodies. I asked a guard what was under the canvas and he replied "Forage for the horses." I noticed a man's leg sticking out and I said, "Oh, that is the kind of forage, is it? Well, we will give you plenty more before we finish this battle." He threatened to run me through with his bayonet.
We saw the battle, or a part of it next day, and at one time cheered enthusiastically for the old flag. A Confederate officer then gave orders to the guards to shoot the first Yankee who opened his mouth to cheer.
I was captured in the village of Gettysburg when the Rebels came in such force. After the battle we were again marched south. For three days after we left Gettysburg we had no food whatever. We were getting pretty weak. We were taken first to Staunton, Va., where we stayed four weeks. We were there driven into a large field which had a line of guards all about it. As we went through the gateway we were compelled to drop every article we had outside of our clothes. Our food there was a piece of hard tack about three inches square and a quarter of an inch thick, mixed up of sour milk and flour and baked hard, and a piece of bacon as large as two ringers which was full of maggots.
After four weeks there we were taken to Richmond and were imprisoned in Castle Thunder. We passed Libby prison. There is a general belief that all through the war Libby was full of Union prisoners, but when we were in Richmond it was full of Rebel deserters. We shouted to them as they looked out of the windows, "What are you there for?" "Oh, we went home and forgot to come back," was the answer. "Then you are deserters," we said. "Yes, we are deserters."
After twenty-four hours at Castle Thunder we were called before a Rebel officer and given a chance to take the oath of parole or go to prison again. We talked it over and signed the parole. This meant that we would not re-enter the Union army till we had been regularly exchanged.
After signing the parole we were sent to Norfolk and under a flag of truce turned over to our friends again. We were glad to get there, but were pretty weak by that time. We were then sent to the Union parole camp to remain till exchanged. I contrived to get away and come home and got thirty days with my friends. There was a risk in doing this, not of being seized as a deserter, but of being arrested and sent back to the parole camp in which case I should have been at once liberated again, but would have had $30 deducted from my pay. I could then have come home again and tried it over, but it would have cost me $30 every time I was caught. However, I didn't get caught at all, and after thirty days at home returned to the parole camp and in about seven weeks was regularly exchanged with the others who were captured with me, and we then rejoined our regiment at Folly Island, S. C.
Very truly, David R. Shults.
Late of Co. C., 157 Reg., N. Y. Vols.
BREVITIES.
—L. W. Simpson, who lives on R. F. D., No. 6, from Cortland picked two quarts of red raspberries on his premises yesterday.
—The annual election of officers of the Farther Lights society of the First Baptist church- was postponed from last evening until the next regular meeting.
—The Lehigh Valley R. R. ran an excursion from Ithaca to Niagara Falls on Sunday for a round trip fare of $1, and 1,837 people took advantage of it. The train was run in three sections.
—The new display advertisements today are—S. Rosenbloom & Sons, Fall fashions in all their glory, page 7; Opera House, "Under Southern Skies," page 5; M. A. Case, Dress goods, page 8; W. W. Walters, Shoes, page 6; A. Mahan, Pianos, page 6; Homer Lodge, I. O. O. F. Mock court trial, page 5; Opera House, "Cleveland Minstrels," page 5.
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