The times. [volume] (Richmond, Va.) 1890-1903, 1897-05-15
Miller & Rhoads.
UNITED STATES COURTS
INSURANCE CASB CO.'S AGAINST
THE KELLEY INSTITUTE.
Judge Simonton Takes the Case Out oil the
Hands of the Jury and Decides It.
other Decisions.

The United States Circuit Court OF APP
peals convened yesterday at 10 o'clock
with Judges Con. Hughes and Brawley
presiding.
No. ~. United States, appellant. VS. D.
l.. Boyd. ct al. and the Eastern Band OF
Cherokee Indians, appeal from Circuit
Court Of the United States for the District
OF South Carolina.
Cause argued by K. 3. Glenn. United
States Attorney. Tor appellant, and 10y
Louis NJ Bourne and George II. oWSlH-
ers for appellees. and cause SUBMITTED.
This Is "A suit in equity brought by me
United States Of America against the de-
PENDANTS TO annul contract OF saIe Vi
certain timber trees, the properly, before
said contract was entered into, IL Is au5
,ottted If me defendant. the Eastern Band
OF Cherokee Indians, ana embraced ~
boundary OF land in jackson ana swami
counties, North Carolina, known as t,le
lCathcart tract" and for perpetual IN
junction restraining all of the Defendants
from entering upon said land or ieilns
or removing said timber trees, OF III any
manner enforcing the provisions OF soiu
Win the United States are Joined as
parties plaintiff three or four Indians, VINO
aisapprOved the contract or sale, ana any
Others Of said Indians who may be so IN
cllned are permitted TO come IN ana JON
as plaintiffs No other Indians nave ask
"a 10 be lei in. and the suit stands upon
The bills of complaint Of the United States
and the few Indians whose names appear
as plaintiffs In the original BIZ.
MOTION TO DISMISS.
In the court below the defendants up
ueaIed and NOV ed TO dismiss the SUIT on
the ground that the Cherokees IN NORTH
Carolina are citizens Of that state. with
F. whom the United States have no connec-
o ton or relation. except business one
0 growing out Of certain treaties, when
3 secured to these Indians, by reason or
their former membership in the nation or
4 Cherokee Indians, certain rights, ana I'M
. posed upon the United States government
/ certain correlative obligations ana re-
sponsibilities with reference 10 them
which II has never fully discharged, that
these Indians purchased the lands upon
which the timber trees IN controversy
stand from the State OF North Carollna'
or from those who hold under grants Is
sued by said State and that they own sald
lands in fee simple. and can convey or
contract with reference 10 the same
lust as other citizens OF sad STATE eau,
and That their contracts are not subject
10 review or control BY the United states
and that therefore, the United states
were improperly joined as party plalh-hl
having no interest In the controversy
that If dissenting Indians desired 10 test
the validity Of said contract, II should
have been done in the State courts, ana
that the United States courts are without
mis- motion was disanowed for the rea-
sons given in the opinion Of Judge Simon
ton, set out in fun in the printed record,
and the cause was set down FOR nearing
ON the merits.
Meanwhile. a reference OF ali matters
In controversy was made 10 X. Nj. Doug
las, standing master. ell.
He was directed 10 investigate fully
the transactions leading up 10 the con
tract. the adequacy of the consideration.
the questions OF undue influence ana liduu
in the making of said contract the court
holding that while these Indians were
wards Of the National Government, whose
courts had jurisdiction, yet that the gov
eminent had voluntarily subinltteu eno
matters in controversy 10 the determine
/ tion OF the courts and that the delehu-
I ans had the right 10 have their defences
q examined and passed upon. as IN the case
OF any other sutton and the government
would be bound thereby. ,,.,,,p
REPORT OF TIE MASl EN-.
The master reported that the contract
was founded upon adequate cOhsluSi1 i
ton. was free from fraud or uhdue III
nucnce and advantageous 70 the inula .n
This was dore with the assent and by lhe
direction Of the United States District
Attorney. Who conducted the eXamin1-
ticn. Upon the coming in OF this report
the contract Was connIne1' AM, anu snS d"
Junction there tCfCre Issued dissolved
From this part Of the decision OF the
court the United states have appeaieu
10 the United States Circuit Court OF Ap-
peals for the Fourth Circuit, ana ne De
PENDANTS. ntp.llees, now renew their mo-
ton TO have the suit dismissed upon the
grounds urged In the court below VIZ;
The United States are Improperly Joined
as parties plaif tiff, and this IS SIMPLY
controversy between citizens OF the STATE
Of North Carolina, which is properly NY
able in the courts OF that state. IT these
Indians are quasi wards OF the Nauonal
government. as tribal Indians are ad-
United 70 be, then II is respectfully SUP
mitted that the view taken by Judge 81
monitor ia the court below. with reference
10 the final determination Of the matters
in controversy, IS reasonable, just ana
sound and should prevail, upon the
grounds so clearly and forcibly set forth
In that opinion. and upon others herein
after discussed.
IN these Indians are not quasi wards as
above set forth then opposing counsel
/ understand admits that their contracts
are not revit ~able by any department
Of the government. and this court has no
'''''"'' wa THE DECISIONS.
The court announced It's opinion In the
following cases which were heard at the
present term:
No. 2ii. Benson II. Brown. ct al. APP
pellants VS. Henry II. Grove, et al, app
. peliees Appeal from Circuit Court Of
West virginia. at Clarksburg. Opinion
nv Judge SimOnton. Affirmed with costs.
No. ~ First National Bank of ceredo.
q All. appellants. vs.. the Society for Saw
ings. ct al. appeuees Appeal rom Cir-
cult Court Of the United states ior the
pfsfrict Of West Virginia. opinion by
Jndge simonton. Affirmed with costs.
No. 2i6. Union Casualty and Surety Com
pany. OF St Louis. Mo, piaintu, IN error,
"a Cecil r. Schwerin. defendant, In error.
In error 10 Circuit Court for the District
OF south Carolina. at Charleston. Opinion
by Judge Con Affirmed with costs.
No 2i5.-Steam Tug GLENDALE 81 al,
trltor and appellee. Appeal from Dis
trlct Court, Eastern District OF Virginia.
Submitted by counsel on briefs.
No. 1O3.--Phoenix Insurance Company