The New York herald., 1872-11-19
UNITED STATES SUPREME COURT.
Decision In the Cherokee Land Case-
A Troublesome Question settled
Brigadicr Against Brcvet Brigadicr
General.


WASHINGTON d. c., Nov 49, 1872
In the case OF Holden VS.. Joy, from the Circuit
Court for the District OF Kansas which was argued
at the last term of the Supreme Court of the Unitea
States, an important question Is settled by the de-
cision now made BY the treaty of 1885 with tho
Cherokee Nation that tribe was ceded the land in
question, now forming part of the State Of Kan
sas, with a provision that in case there ever
should be an abandonment OF the lands
they should revert to the United States. In
1861 the tribe joined the Confederates and aban-
doned the reservation and thereupon the appellant
here, ana numerous Others constituting the
treaty for themselves. entered upon the
lands and pre-empted claims, regarding
the Territory as being again public lands
of the United States by reason Of the abandonI
ment and subject to pre-emption. In 1866
treaty was made with the tribe by witch it was
agreed that these lands should he sold for its bene
lit and tnat 1t should thereafter relinqush its title
thereto. Under this treaty the appellee purchased
the lands held by him, paying the stipulated price
and thereupon the question arose whether
had purchased, under the circumstances stated,
the same land had the better title and that qaes
tion was presented. Ia this case the Court below
allrms the decree In an elaborate opinion, holding
in substance that the tribe took title under the
not diverted by abandonment unless the clause O
forfeiture or that cause was enforced by the United
the forfeiture the title remained in tht
tribe and could not be impaired by the
entry and occupancy of private parties
void because the lands were not the public land
OF the government and subject to such entry tina
by the treaty OF 1885, as supplemented In 1868, th
lands became subject to sale, as therein agreed
and the appellee purchasing in accordance with III
terms became the pOssessOr OF a good title to tin
lands purchased. Mr.. Justice Clifford deliveret
the opinion. This decision disposes OF cases 321
1928, and OF many other claims OF similar chM
acter.
BRIGADIER VS.. BREvET BRIGADIER.
The case OF the United States VS.. Hunt, appeatet
from the Court Of Claims, presents the question
the relative position as to the grade OF brevet bre
adler and brigader general. BY an act OF Congress
OF 1865 the communication of ratiOns was increases
from thirty to fifty cents to all officers not abOv
the rank of brevet brgadier general. Brigade
General Hunt, claiming that brigadier n
higher than a brevet brigader applied 10
the increase The Pay Department took the Oh
poste view, and refused the application. IN
Court of Claims sustained the position OF Genera
Hunt and gave him Judgment Or the increase asked
This Court reverse the Judgment, holding that L
the construction OF the statute the duty OF tn
ture only, and that, while in strict military COL
ranks in practice there Is, as officer requires
be promoted before he can pass from brevet ran
to full rank. In any case 1t Is said that 1t Is cea
that Congress intended to make distinction be
tween the two, else 1T would have said simp
brigadier general, and would not have mentiene
the rank Of brevet. The Chief Justice deliverei
the opinion.