Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1886-07-22

Cherokee freedmen and others
their proportion of certain pro-
cceds of lands under The act OF
March Bird, 1888, viz: Strike out
all after the enacting clause and
insert the following:
That there be, and hereby Is, APP
prupriated, out Of any money in
the treasury not otherwise appro-
priated, the sum Of $50 oOl, or so
much thereof as may be Necessary,
TO carry out the provisions of this
act; and the amount actually ex-
pended shall be charged against
any money now or hereafter due
the Cherokee nation and deducted
therefrom. The said sum, or so
much thereof as may be necessary,
shall be by the secretary of the
interior distributed per capita, first,
among such freedmen and their
descendants as are mentioned in
the 9th article Of the treaty of July
10th, 1866, between the United
States and the Cherokee nation of
Indians; second, among the Della
ware tribe of Indians incorporated
into the Cherokee nation by the
terms of certain agreement enter
ed into between said Cherokee ma
tion and Delaware Indians, under
the provisions of the 10Th article
of the aforesaid treaty, on April 8,
1867, and approved, respectively,
by the president of the United
States and the secretary Of the
interior on April IL, 1867; and,
third, among the Shawnee tribe of
Indians incorporated into the Cher
okee nation by the terms of n cer-
tain agreement entered into be-
tween the said Cherokee nation
and Shawnee Indians, under the
provisions of the aforesaid article
and treaty, on June 7, 1869, and
respectively, by the
president of the United States and
the secretary of the interior on
June 8, 1869, in such manner and
in such amount or amounts as will
equalize the per capita payment
made to Cherokees by blood in ac-
cordance with the act Of the Chero-
kee legislature aforesaid, out of the
sum Of 100000 appropriated by
the act of March 3rd, 1888, afore-
said.
Sec. 9. That the district court
for the western district of Arkansas
shall have jurisdiction to hear and
determine any suit in law or equity
that shall be brought by the Cher
okee nation through its proper
officers, and which is authorized to
sue by that name, to test the ques-
tion Of law and fact rs to whether
the aforesaid adopted citizens of
the Cherokee nation, to wit, the
freedmen who are lawful citizens
Of the Cherokee nation under the
ninth article of the treaty between
the Cherokee nation and the
United States, of July 10, A. d.
1866, and the adopted Delawares
and Shawnees, under the provisions
of the 10th article of said treaty,
are entitled under law, treaty, and
equity to a distributiIe share of
said $500, 600; and the said Chero-
kee nation, by its proper officers,
shall, within three months of the
passage of this act, file its petition
in said court, setting forth its rea-
sons and the causes in law, treaty,
and equity why said amounts
should not be adjudged or paid to
said adopted citizens, or so taken
from the funds of the Cherokee ma
ton; and the said western district
court shall proceed 10 consider and
such case, under such
rules and orders in relation to
replications, or arguments
as it shall direct. The secretary
Of the interior shall transmit to said
court copies, duly authenticated, of
lll records, reports, papers, and 9TH
er documents on file in the depart
nents which he may deem neces-
;ary IN said cause or which may
be requested by either party to
his suit; and the said adopted
;itizens of the Cherokee nation, and
heir legal representatives, are
made party defendant TO this suit;
md either party may submit to
'aid court such additional compe-
ent testimony as they may desire,
md the said cause shall proceed to
inal judgment. When the interest,
{ any, of said adopted citizens in
aid fund or payment shall have
,een determined by said court, the
aid court shall send a certified
'opy of such decision TO the secre-
AIRY of the interior, and also to the
principal chief of the Cherokee
lation; and if any sum shall be
Idjudged to be due said adopted
.itizens of said Cherokee nation,
lpon such certificate OF said court
hat any sum is due, the secretary
# the interior shall make requisi-
ion upon the secretary of the
reasury for said amount, which |
hall be charged against any sums
lue said nation, as provided in the !
irst section Of this act, and paid |
'er capita TO said adopted citizens
f the Cherokee nation, under such |
ules as the secretary Of the in
erior may prescribe; and if the |
Judgment Of said court shall tie |
hat no sum shall be due any of |
uch adopted citizens then this act |
hall be Of no effect.
Sec. 3. That if no such suit is
'rought within three months after |
he passage Of this act. the same !
hall be in full force from and after |
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