OCR Text |
Show COMI~ISSIONER OF INDIAN AFFAIRS. lxxi he was served with an order to show cause before the Supreme Codrt of Sonoma County why he should not be restrained. Immediately upon receipt of tbis telegram, October 1,1887, this office recommended to the Department that the matter be referred to the Attorney-General with request that theDistrict Attorney be instructedto represent the interests of the United States in the case, and to use all proper efforts to defeat the contemplated injunction. This request was co~npliedw ith by the Department of Justice. On October 27, 1887, General Howard, commanding Department of the Pacific, telegraphed to the War Department as follows : SLY FRANCISCCOA,L ., Octobev 27, 1887. ADJUTANT-GENERAL, Waahingtm, D. 0.: Acting under instmotions (see first indorsement on latter Assistant Secretary In-tefior to Secretary of Wsr, dated April 5,18117, and subsequent instructions from the Secretnry of War), Captain Shaw's campsny, First Artillery, was, Augnst 17, sent to evict trespsasers upon Round Valley Indian Reservation. On 19th inatant he commenced evictions and was thereupon served with injunction, issued by judge superior court of Mandooino County, Cd., by pernan olaiuling to he deputy sheriff of same, which Ceptein Shaw refused to obey and oontinued toeviot. Upon affidavit of sad deputy sheriff, judge of said court has issued atteobment for WPW, who de-dined to surrender. ' ' * The actiou of the looal eourt interrupts t,heremavalof the intruders designated by the Secretary of the Interior. I await instruotions. 0. 0. AOWAED, Majo~-General. The next day General Howard again telegraphed to the War Depart-ment as follows : Shall I leave Captain Shaw to be arrested and imprisoned, at the call of the tres-passers, who have no right8 whatever, in obedience to orders of lood courts7 The United States district attorney h s enabled me to file answer and to demand transfer to United States ooart pending action. Please sustain me, and Captain Shaw,who . has not exoeeded onr order8 one whit. On October 28,1887, the Secretary of War sent to General Howard the following telegram : The Department of Justice be8 advice8 from District Attorney Caray ss to matters on Round Valley Indian Reservation, wonfirming your telegrapbio report af yester-day, and reports that yon decline to suspend operations or order your offieera to snr-render. In view of facts as presented to the Seoretrary of War, he directs that yon desist in declining to obey writ until question of jurisdiction is determined by Fed-eral qourts. To this QenATal Howard replied, on thesame date, as follows: Telegram even date directing s~~spsnsioofn operations a t Ranod Valley received. ' . Captain Shaw haa been ordered to obey writ until Cbe question of jurisc?iotion ia de-termined in Federal courts. In a communication addressed to the Interior Department, November 29,1888, the Secretary of War said : The actionof tbis Department in ordering the military to the RoundValley Indian Reservstion to eject trespassers wna taken at tbs reqnest of yoor Department, and I have the honor ta request advice as to what action is now needed to be taken by this Department. |