It seems an insult to people's common-sense to suppose that this statement would be believed, close on the heels of the general order for the arrest of all fleeing Poncas who should dare to take with them out of the Indian Territory one dollar's worth of property. A very superfluous piece of legislation, surely, for a community so "contented" that it would be "difficult for any one to induce them to leave their homes."
THE LEGAL ASPECT OF THE CASE.
The chivalric and disinterested attorneys who had had the charge of the Ponca case from the outset, were not to be intimidated by the threats nor outwitted by the expedients of the Indian Bureau. The ingenious devices practised by the Department of the Interior to hinder the getting service of summons upon the defendants in the suits necessary to recover the Poncas' lands, make by themselves a shameful chapter, which will some day be written out. But on the 13th of July the attorneys were able to report to the Omaha Committee as follows:
REPORT OF THE ATTORNEYS.
Omaha, July 13th, 1880.
To Omaha Ponca Indian Committee:
In response to the inquiry of one of your members as to the condition of the suits instituted by us to liberate Standing Bear and his associate from the custody of the military, and to recover possession of the Ponca reservation, we make the following statement:
On April 8th, 1879, was filed by us the petition in the case of United States ex rel. Ma-chu-nah-zha (Standing Bear) et al. vs. George Crook, a Brigadier-general of the Army of the United States and Commander of the Department of the Platte, in the U.S. District Court for the District of Nebraska, for a writ of habeas corpus for the release of Standing Bear and his companions. This cause was tried about the first of May, 1879, and Standing Bear and his companions were restored to their liberty. Thereupon the U. S. District-attorney took the case to the United States Circuit Court for this District by appeal, and about May 19th, upon hearing before Mr. Justice Miller, Associate Justice of the Supreme Court of the United States, was there continued, and on January 5th, 1880, the appeal was dismissed on the motion of the U. S. District-attorney.
On April 3d, 1880, was commenced by us the case of Ponca tribe of Indians vs. Makh-pi-ah-lu-ta, or Red Cloud, in his own behalf, and in behalf of the Sioux nation of Indians, in the U. S. Circuit Court for the District of Nebraska, and on May 18th, 1880, we commenced in the same court the case of Ponca tribe of Indians vs. Sioux nation of Indians. These cases were commenced, and are being prosecuted by us, to recover possession of and establish the title of the Ponca tribe of Indians to so much of their old reservation as lies within the limits of Nebraska. Great delay was made necessary in the commencement of these cases, and the ones subsequently commenced in Dakota, of which we below make mention, owing to difficulties in getting service of summons upon the defendants. On May 22d, 1880, service of summons was had on the defendants in both cases, and some action will be taken therein at the next term of the court.
About the 20th of May, 1880, there were commenced in Dakota other suits in the name of the Ponca tribe of Indians, and against the Sioux nation of Indians, and against certain of their chiefs, to settle and establish the title of the Ponca tribe of Indians to so much of their old reservation as lies within the limits of Dakota. Service has been had in these cases, and the several suits mentioned will be prosecuted by us with all convenient speed.