New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-11-19
IMPORTANT SUPREME COURT DECISIONS.
THE CHEROKEE LAND CASES-A QUESTION OF
ARMY RANK AND PRIVILEGE SETTLED.


THE CHEROKEE LAND CAsEs-A QUESTION OF
ARMY RANK AND PRIVILEGE SETTLED.
WASHINGTON, Nov. 1S.-In the case OF HOl-
den ag JOY from the Circuit Court for the District OF
Kansas which was argued at the last term Of the su
preme Cotof United states, an important question
Is settled by the decision made. BY the treaty OF
1885 with the Cherokee nation that tribe was ceded the
land I'm question forming part OF the state OF
Kansas with provision that in there ever should
be an aDauuUuuieut Iauus sh~'id .V'ert c"
the United States In 1861 the tribe joined the Con-
federates and abandoned the reservation, ana
thereupOn the appellant here and numerous numerous
entered upon the lands and preenpted claims regardng
the territory being again public lands OF he Gneu
DreFmptlon In 1866 a treaty was made with the tribe,
by which agreed that these lands should De sofa
for its benefit and that 1t should thereafter renqush
lis title thereto Under this treaty the appellee pur
chased the lands held by him, paying the stipulated
price, and thereupOn the question arose Wnether
Holden who had preempted or JOY who had purchased,
under the circumstances stated the same anu nau the
better title and that question was presented In TINS
case the Court below sustained the title OF JOY and this
Court now aflirms the decree in elaborate opinion
holding substance that the tribe took title under the
treaty OF 1885 as nation and that this title was not
diverted by abandonment unless the clause OF IorIelu
that enforced by the United states; nat
as the United States did not enforce the forfeiture the
title remained IN the tribe and could not be impaired
by the entry and occupancy OF private paIuess;
that the presumption Of the land by settlers was VOID,
because the lands not the public lands OF the Gov
OF lsGe as supplemented in 1863 the lands became sub
feet 10 SALE as therein agreed and the appellee purchas
ing in accordance with It's terms, became the pos
sessor OF "A good title TO the lands purchased. Mr
Justice Clifford delivered the opinion This decision
disposes OF cases Nos 32 and Of many other claims
OF q similar character.
The case of the United States ag Hunt appealed from
the Court OF Claims presents the question OF the rea-
tive position as to grade OF BeVe brgadler ana brlgd
der General BY Of Congress or 1865 the conmu-
taOn OF raOns increased from 80 cents TO 80 cents 10
all officers not above the rank Of BrVt
Brig. Gen Hunt, claiming that Brlgadier was no
higher than Brevet Brigadier applied for the Increase
The Pay Department took the opposite view ana
refused the application. The Court OF Claims sus-
him Judgment for the increase asked This Court
verse the Judgment holding that ia the construction OF
the the duty Of the Court TO ascertain the IN
tenton of the Legislature only and that while in strict
military construction there may be no difference In the
two ranks practice there Is, as an officer requires TO
rank any il is said that II Is clear that Congress
intended 10 make distinction between the two. else II
woulI have said simply "brgader- general" and would
not have mentioned the raak OF breyet The ChieJus
tice delivered the opinion.