New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-03-21
SUPREME Court DECISIONS.
THE GOVERNMENT MUST PAY NEARLY 81 10000
TO NEW YORK INDIANS

Washington. March 2O-The United States Su-
preme Court. in opinion handed down by Justice
Brown to-day. refused TO take further cognizance
Of the case Of tn. New-York Indians against the
Government Of the United States This decision
renders II imperative the Government pay
the Indians 81 .S67 Oj6. The case came to the SUI
prcme Court on an appeal from a judgment Of the
Court OF Claims awarding this sum to the Indians.
and the higher court declines TO take up the case
again because the decree Of the Court Of Claims
was In accord with the directions given in
previous opinion from the Supreme Court The case
grows out Of the treaty Of nine tribes Of NewYork
Indians made with the Government in 1885, and
known as the Buffalo Creek Treaty BY the terms
or this treaty the Indians came into possession of
large tract Of land in Kansas This land was
never occupied by the Indians but sold by the
Government TO settlers. The Court OF Claims de-
cded originally that the Indians entitled 20
recover the value OF the lands The Government
appealed from this decision to the Supreme Court.
and tho Supreme Court sent the back with
instructions TO the Court Of Claims TO make de-
auctions Of amounts paid. This the lower court
did finding the Government indebted for the
amount named The Government then sought
secure second review Of the case. with the end
in view of securing an order 10 the Court OF
Claims to make additional findings Of fact II
ms application which the Supreme Court to-day
refused 20 grant leaving the finding Of the Court
Of Claims TO stand chief Justice Fuller and Jus
tees Harlan and Brewer disSenfed from the OPINION
An opinion was rendered which decides the
validity Of the acts Of persons appointed TO judicial
positions by the President during a Of Con-
gress The that Of Henry Ward. who
was tried for couuterfeiting before Judge Meek. OF
the Northern District OF Texas and found guilty
Ward applied for leave 10 file petition for a writ
Of habeas corpus the ground that the Presi-
dent could not during the recess OF the Senate and
without its concurrence invest appolntee with
any portion OF the judicial power Of the United
Chief Justice Fuller delivered the opinion OF the
Court denying the petition, and saying. We re-
gard the weli-settled rule applicable here. that
where court has jurisdiction of offence and Of
the accused. and the proceedings are otherwise reg
ular. a conviction is lawful although the judge
holding the court may be only an officer dc facto;
and that the validity OF the title Of such judge 10
the Office ms right 10 exercise the judicial func
tions. cannot be determined on n writ Of habeas
corpus
An order issued setting the hearing OF the
naval prize money cases for October 10 next, with
the exception Of the proceeding against the French
mail steamer Onde Rodriguez which was set down
for April 3. The exception was made because TINS
vessel has not been delivered 70 her claimants IN
stipula ton and therefore remains In the custody
Of the United states at heavy expense. The vessel
seized by the New Orleans on July II, charged
with attempting TO enter the port Of san Juan,
Porto Rico.
The court took a recess for two weeks.