Asheville daily citizen. [volume] (Asheville, N.C.) 1890-1900, 1894-01-29

QUALLA BOUNDARY SUIT
1T NOW APPROACHES A COM
PROMIOE.

Geo. H. 0mathers Gives "rhe
Citizen" . Dlsa0ry 81 an Interest.
Ing Case Anecsing Lands In
swain and Jackson Coun les.
Geo. H. Smathers. esq.,, Of Waynesville,
while here Friday night gave THE CIrI-
ZEN brief history of verv important
case and one that is Of general interest
in Western North Carolina, although it
is probably understood thoroughly by
very few people. The suit referred to is
that Involving the Indian lands in Swain
and Jackson counties. Mr.. Smathers
was commissioned by Attorney General
Miller 40 a special assistant to the
United States attorney for the Western
district of North Carolina to take
charge Of this litigation Of the Eastern
Band ofCherokee Indians, prosecuted for
and In behalf Of the Indians bv the United
States against about 100 trespassers,
who occupy and claim the land adversely
to the Indians. The principal portion
Of this land 10 known as the Qualla
boundary, situated on Soco creek in
Jackson and Ocona Lufty in Swain, and
the tract contains about 5000 acres.
This boundary, Mr.. Smathers says, was
awarded to the Indians in 1874 by Ru-
fus Barringer, John H. billiard and Thos.
Ruf6n, arbitrators In a suit entitled
"The Eastern Band of Cherokee Indians
VS.. VIM. H. Thomas and Others" At
the time Of the award the arbitrato ors
found that Thomas, who was former
agent Of the Indians, had contracted to
purchase tor them the Qualla boundary,
and had extiuguished the title Of all
white persons within the boundary, with
the exception Of one tract of $40 acres,
known 40 the Ute Sheriff. tract, but that
the Indians were due Thomas the sum OF
about $3.50 for the purchase Of this
boundary. This sum was afterwards
paid to Thomas by the United States
out Of funds belonging to the Indians;
and deed was made in accord with
said award which was made decree OF
court.
Mr.. Smathers states that at the time
of the award the title papers to the
Qulla boundary we're placed in the hands
VI the officers of the United States in
charge OF the litigation, who suffered the
papers, for more than half the boundary,
in point of acreage. to become scattered,
lost and destroyed without registration.
There are now so tr 60 white and col
ored families living within the boundary,
most of whom obtained grants from the
State. The case Of the United States vs..
W. H. Thomas and others was brought
by the United States in the United States
Circuit court for the Western district Of
North Carolina during the year 1888, to
carry into effect the award made in the
former litigation and to remove the de.
fendants. alleged trespassers. who had
entered upon the boundary after the
award Of the same. The great difficulty
says Mr.. Smathers, in the successful
prosecution Of this litigation by the
United States, was that it would be very
expensive and difficult to set up the lost
title papers. Considering all this he con.
cluded, after thorough investigation ol
the matters involved in the litigation
that it would be best for the government
to compromise. He accordingly has
MADE recommendation of compromise
to the Attorney General, which recon-.
mendation has met With the latter's ap-
proval, and terms Of compromise entered
into. A recommendation will be made
by the Attorney General to Congress in
about a week requesting the appropria.
tion Of about $6S, 900 to carry the com.
promise into effect.
"Why should Congress make an ap.
preparation to extinguish the title ol
the whites in the Qualla boundary"
Mr.. Smathers was asked.
"For the reason" be replied, that the
former suit was brought by an act o
Congress and was carried on under the
supervision Of the Department Of Justice
the United States used money Of the In.
dians in carrying into effect the award
and decree made in the former suit, and
it was by the negligence of the officials
of the government that the title paper:
to the land now occupied by the white.
were lost and. destroyed. For thess
reasons it appears to me 1t is only just
and a duty incumbent upon the United
States to either secure to the Indians q
good title to all the land awarded tc
them or give them an equivalent in casi
for the value Of the land. The defend
ants claim that they were not parties t.
the suit in which the award and deere,
OF land to the Indians were made ant
that they are not bound by it; that
Thomas had title to the land at th
date OF the award, no title papers hav
been registered, and they had reason t.
believe the lands were vacant, and the'
entered and procured grants from
the State, and that they ought no
now to be evicted without cumpensa
ton. This is the contention of all tn
defendants in the Qualla boundar,
except those representing the $4,000
acres in litigation with the James
Love estate. These contend that Thoma
had no title to the $4,000 acres, and
besides, that by a pr"per construction O
the award the 1000 acres would no
be included in the boundary as per tn
survey and deed made in supposed pur
suance of the award"
ItCongress makes the appropriation
to carry the compromise into effec
about $4,000 Of the money appro
priated will be paid to the Love estat
and the remainder will 90 the uumerou
families who occupy land near the Cher
okee Training school. The terms G
comprOmise are on basis of three
iourths the value Of the land held BY tn
trcspassers.
Mr. Smathcrs thinks there are fey
cases involving so many complication.
both in questions Of fact and Of law, a
does this ono. He will return to Wasl
ington in about week on business CO.,
nected with the case.
MIR. Smathers says there is big fgh
in the Interior department as to whethe
the department has control Of the lande
estate of the Indians. 1t will be decide
In about two weeks by Judge Hal
assistant attorney general Of the lnterio
department.
One idea Of q "JOke."