The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-04-11

On the frSt question, Wnetner
the disbursing officer of the United
States will be authorized to paw
warrants payable to the order of
y out of funds due said nation
(Cherokee), when presented by
the lawful holder thereof, other
than the payee, although there may
be no written endorsement thereon
by the payee. - the comptroller
held: 1t is contended that the
Cherokee warrants, payable to the
order of the original payee, have
been transferred from one person
to another by delivery only, with
out endorsement, until the practice
has become usage or custom of said
Indians, and persons dealing in
such warrants; that such usage or
custom should be permitted to
stand, and that such warrants
would be paid by the disbursing
officer of the United States when
presented by the holder thereof,
other than the payee, although
there may be no written endorse
ment by the payee.
The warrants upon their face
are made payable to the order of
the payee. The endorsement of
the payee is essential to the trans
fer Of the legal title of the warrant.
| cannot give my assent to an usage
or custom of the kind mentioned,
which involves a defiance of busi-
ness principles. The holders of
such warrants, if not the original
payee, as a condition precedent to
payment, should be required to Sc
cure the proper endorsement in all
cases where it is possible to do so,
and where it is impossible to Sc
cure such endorsement on account
of the death of the payee or his
unknown whereabouts or from
other cause, such case should be
decided upon its own merits, and
satisfactory proof to subStantiate
that the holder is the real owner or
is authorized by him to receive
payment should be required before
payment is made, and in accepting
such proof and making payments
thereon the dIsbursing officer as
sumes all the risks.
On the second question. Wheth-
er the principal chief'is authorized
to draw warrants upon the appIo
priatiCns which are made by the
Cherokee national council, which
acts of appropriation are duly ap-
proved by the CD resident, wheth
er such warrants may be paid by a
disbursing officer Of the United
States" Comptroller Tracewell
said: Il am of the opinion and so
decided that Cherokee warrants is
sued subsequent to the act of June
2S, 1898, supra, in pursuance of
an act of the Cherokee council,
making an appropriation and au-
thorizing the issuance of warrants
to draw the money so appropriated,
which act is approved by the Pres
ident, in the absence Of evidence
impugning their validity, are no
less valid than those issued prior
to said act of June %, 1898, and my
decision of January 10, 1899. in
which it was held that warrants
issued subsequent to said act of
June IS, 1898, had different
status from those issued prior to
said act, is modified accordingly. "
In reply to the third query.
Whether the principal chief of
said nation is authorized to issue
warrants upon appropriations made
prior to January l. 1898, when the
acts Of said nation were not re-
quired to be approved by the Pres
ident, " the comptroller said: The
warrants issued in pursuance of
appropriations made by the council
prior to January /, 1898, when the
acts, ordinances and resolutions
Of the council were not required