John W. Redfield
Commissioner's No. 3,696.Beinecke Library
Dowell's 3 Docket, 190.
In the Court of Claims.
To the Hon. W. A. Richardson, Chief Justice of
the Court of Claims.
Petition filed Mar 28th 1891
John W. Redfield
The Rogue River Indians,
The Cow Creek Indians,
and the United States.
I. Your petitioner, John W. Redfield, by his attorney. B. F. Dowell, states that he is a citizen of the United States, and he resides in Douglas County, Oregon; that his post office address is Glendale, Douglas County, in the state of Oregon.
II. That at the time of committing the grievances hereinafter mentioned, he was the owner of property which was of the gold cash value herein set forth and described as follows, namely:
IV. That said property, at the time it was so destroyed, was not on any Indian reservation and the same was near the main traveled road from Portland, Oregon to Yreka, California, and the loss of said property was not caused by any fault or negligence of the owner, and he is informed and believes it was not caused by any of your petitioner's agents.
V. That at the time said property was destroyed the said tribe of Indians was under treaty stipulations, and in amity with the United States.
VI. That on the 13th day of February, 1884, your petitioner duly presented said claim for the loss of said property to the Commissioner of Indian Affairs, by his own affidavit, and the affidavits of two disinterested witnesses. Your petition has been informed and believes his claim was rejected twice. Afterwards, on the [blank] day of [blank], 18[blank], said claim was examined by the Secretary of the Interior and allowed for the sum of about $3,140.
VII. That the claim of your petitioner was pending for payment in the Senate and House of Representatives at the time of the passage of an act entitled "An Act to Provide for the Adjudication and Payment of Claims Arising from Indian Depredations," approved March 3, 1891, and the claim had been referred by both houses of Congress to their respective special Committees on Indian Depredations, and it was pending before Congress when the last mentioned act was passed.
VIII. Your petitioner on the [blank] day of [blank], 18[blank] employed B. F. Dowell to prosecute said claim, and since he has taken a large amount of evidence in the neighborhood where the property was destroyed, and your petitioner is informed and believes that your petitioner's attorney, at great expense, has written, printed and published in many papers arguments to get Congress to pay this class of cases, and he has traveled across the continent twice every year since he was first employed to get evidence and to make arguments, and he did make good arguments, before congressmen and committees of both houses of Congress when this class of cases were under consideration, and he has taken and filed a large amount of evidence in this case. He wrote, printed and distributed 500 copies of it containing sixty-four pages to which was added an appendix, which increased the petition to eighty-three pages. Afterwards, and prior to the Fiftieth Congress, the appendix was increased to ninety-six pages and distributed the same amount. He also wrote and published many articles in various newspapers for the purpose of inducing Congress to assume this class of claims up to the passage of said act. All of this was done on contingent fees at his own expense, except about $60 to pay for the petition and argument which has been referred to the committees at every session of both houses of Congress since June 6, 1887, except I paid for my own affidavits, and a few others for their own affidavits to the notary.
IX. That no part of said property has ever been returned or paid for to the claimant or to anybody else; therefore he prays for judgment on said facts and said statute against said Indians and the United States for amount of the original claim, and for such other relief as the nature of the case may require.
B. F. Dowell
Attorney for the Claimant.
Last revised October 15, 2015