Office Superintendent Indian Affairs
Salem, Oregon, May 2, 1864
Sir:
My letter of 28th March advised you of the attempt to interfere with the jurisdiction of the Indian Department over the Coast Reservation by means of a suit in equity commenced by A. Ludlow & Co. against Agent Benjn Simpson and others.
I have now to advise you that the case came up for hearing at the April [illegible] of the Circuit Court of Oregon in Benton County, and counsel for Mr. Simpson submitted demurrer 1st to the jurisdiction of the court, and 2nd to the allegations in the Bill, for the reason that it set forth no facts which justify proceeding, in Equity.
The court after argument took the matter under advisement, and it pursued the same course with regard to an application made at the same time for an injuction to restrain the Superintendent as well as the Agent and Military.
It now appears that the decision of the case will turn upon the validity of the reser-
vation itself.
This office understands that the reservation was first selected by Supt. Joel Palmer in 1855 and confirmed by order of the President dated 9th November 1855. No copy of this order however appears to have been furnished this office.
I have therefore to request that a copy of the order alluded to, properly verified, be forwarded to this office without delay, together with such other evidence as will be of use to establish the legality of the reservation, as it is in the power of your office to furnish.
This case is one of vital importance, and its decision will probably govern the question of the jurisdiction of the officer of the Department on other reservations in this state, as well as the particular one in question. I request therefore that assistance be given from your office liberally and promptly.
Very respectfully
Your obt Servant
J W Perit Huntington
Supt Indian Affairs in Oregon
Hon W. P. Dole
Commissioner &c
Washington D. C.