Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1886-05-27
THE CHEROKEE s99, 500 oAsE

THE CHEROKEE s92, 800 CASE
The habeas corpus case of Wolfe
and Ross, late Cherokee delegates,
was decided by Judge Parker oi
the United States court to-day, the
court refusing to discharge them.
The case in brief Is as follows:
VIM. A. Phillips, ex-member of
congress from Kansas, and late at
torney for the Cherokee nation,
and r. NJ. Wolfe and Robt. B. Ross
Cherokee citizens and late dele
gates of the Cherokee nation, we're
indicted by the grand jury Of the
supreme court of the District OF
Columbia, for violating section
2105 of the revised statutes of the
United States; and also for conspi-
racy to violate the laws of the
United States. Phillips was ar
rested in Washington and gave
bail; Wolfe and Ross were arrested
at Tahlequah, Cherokee nation,
and brought. before Judge Parker,
who was asked TO grant a warrant
for their removal to the United
States court for the District of Col
umbia. On arriving here they
employed w. H. II. Clayton, who
sued out habeas corpus, demand
ing their release for various rea.
sons, but chiefly because the court
of the District of Columbia had nc
jurisdiction to try them.
Col. Boudinot, as special coun.
sci for the United States, appeared
for the government. The argu.
ments, which consumed the most
of three days, took a wide range,
and the legal status of what is
called the Cherokee strip" con-
sisting of over six millions of acres,
lying west Of the Arkansas river,
was thoroughly reviewed by the
court. In his opinion Judge Par
ker holds that the apprisement by
the president Of the Cherokee lands
west of the Arkansas river at AZ
cents per acre, though made by au-
thority Of congress, gave no legal
authority to acquire these lands,
or any part of them at that price,
in violation Of the stipulations of
the Cherokee treaty of 1866, which
provided a different mode of APP
praisement and guaranteed the
right of possession and property
in the land to the Cherokees until
the stipulations OF said treaty were
complied with, and that the $500,
600 appropriated to the Cherokees
by Act Of March 3, 1893, as "due
under appraisement of such lands, "
must mean that it was TO be paid
on the lands already sold, or must
be considered as a debt which the
Cherokee nation owes the United
States. However, this may be,
Judge Parker decides that the con-
spiracy indictment charges Wolfe
and Ross with committing an
offense against the United States,
for which they must stand
their trial before the Supreme court
of the District Of Columbia. They
are under bond TO appear here on
the 25th Of this month, when a
warrant for their removal will be
issued, and bond for their appear
ance in Washington on the first
day Of June required.
After Judge Parker had deliver
ed his opinion, Col. Boudinot said
that he agreed with the views of
the judge relating to the title TO
the Cherokee lands west of the
Arkansas river, but the depart
ment holds that the s300,00 was
a payment on the unoccupied lands
and that in receiving and using the
money the Cherokees had serious
ly complicated and embarrassed
their landed interests; and though
the appraisement Of 47.49 cents
per acre for these lands was unau-
thorized by the treaty, and would
be OF no consequence If not recog-
nized by the Cherokee nation, yet,
if they receive money under such
IL would bind them.
He stated that Phillips, Wolfe and
Ross had offered TO sell the whole
six million acres at 47.49 cents per
acre.
Had the United States bought
the lands at that price, and the
Cherokees accepted the money,
they would have been bound by
the bargain, and their title would
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