Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1900-04-19

the general fund Of the tribe :. but II
said lands revert after allotment has
been completed, and after dissolution
OF the tribal government, the same
may be in like manner sold, and the
proceeds thereof used by the United
States for the support OF the insane
asylum herein provided for; Provided,
That the lots Of land upon which the
church houses and school houses out
side OF towns are located, with the
improvements thereon, when they
cease to be used for tho purposes for
which they arc herein reserved, shall
20 TO the allottees taking the forty
acre,tracts from which said reserva-
tlons we're taken.
s.. Jurisdiction is hereby conferred
upon the Court OF Claims to examine,
consider and adjudlcate, with right
OF appeal 70 the Supreme Court Of the
United States by any party In Inter
est feeling aggricved at the decision
of the Court of Claims, any claim
which the Cherokee tribe, or any band
or member thereof, may have against
the United States, upon which suit
shall be instituted within two years
after the ratification OF this agree
ment and also to examine, consider
and adjudlcatc any claim which the
United States may have against said
tribe, or any band or member thereof.
The institution, prosecution or de-
fense, as the case may be, on the part
OF the tribe, or any band or member
thereof, OF any such suit, shall be
through attorneys employed and TO be
compensated In the manner prescribed
In sections twenty-one hundred and
three to twenty-one hundred and six,
both inclusive, OF the Revised Stat
utes OF the United States, the tribe
acting through its principal chief In
the employment Of such attorneys,
aud band acting through a commit
tee recognized by the secretary OF the
interior. The Court Of Claims shall
have fuK authority by proper orders
aud process 10 make parties TO
such suit all persons whose presen> :
iu the litigation may be deemed nee
essary or proper TO the final determi-
nation Of the matter Ia controversy
aud any such suit shall, on motion OF
either party, be advanced ON the
docket OF either Of said courts and
determined at the earliest practical
bic time.
So. There shall be paid out Of the
| peneral fund of said tribe To john II.
IIemphill, OF Washington, ID. c., and
10 William Il. HutchiBgs, OF Musko-
gee, l T., In accordance with their
contract heretofore entered into with
S. ii. Mayes, then principal chief OF
said tribe, for legal services, in de-
tending the suit instituted by the
I Delaware Indians against the CherO
kee nation, In the court OF claims
and now pending therein, under pro.
visions OF an act Of congress, approved
J June %, 1898, entitled "An act fol
the protection Of the people OF Tho
, Indian Territory and for other pur
, poses," 1900. There shall also bC
paid out OF said fund TO said William
Il. HutchiDgs all court costs and cost:
! OF printing records and briefs, not ex
, ceediDg five hundred dollars, upOr
, proper vouchers produced by hin
therefor. There shall also be paid u
him his necessary travelling and IN
! cldental expenses In connection will
said suit, upon his prW.ucing a du,!
certified itemiZed statement thereof
not Tn exceed three hundred dollars
Provided, however, (anythlng In tn,
contract above referred TO TO the con
} traryl, That the secretary OF the in
terror shall have authority TO deter
mine whether the services rendered
by said Hemphll and Hutchings, re
spectively, y,have been performed faith
fully in said suit, and shall also de
T termine the value OF such services, no
. TO exceed the sum above stated, an,
no payment for such services or an
mart thereof shall be made wlthou
, the approval Of the said secretary.
IL Is further provided, That II salt
HemphIli and HutchIngs, or either o
, them, shall refuse TO undertake an'
perform the said legal services, thel
and in that case II shall be competen
] for said Cherokee Nation, actin
. through its principal chief, to EN-
lploy other attorney or attorneys 4
> perform such legal services, subJec
7 10 the approval OF said secretary
7 upon like terms, conditions and quail
! ficatiOns as herein provided.
, 1t is expressly understood, however
that nothing herein contained shal
be held or construed as a recognition
g or approval OF said contract, except a
It's provisions may not be incOnslsten
1 with the provisions of this section.
81. This agreement shall be bindin
upon the United States and on tn
e Cherokee Nation, and all CherOke'
i citizens, when ratified by congres,
and by majority Of the whole mum
Der OF votes cast ny the legal voters u
the Cherokee Nation, In the manne
. following The principal chief shall
within ten DAYS after the ratification
. NJ this agreement by congress, max
public proclamation thai the sam
shall bc voted upon at a special elec
! Lion 10 be held for that purpose withil
: sixty days hereafter, on certain da.
. therein named, and he shall uppnin
such officers and make such other pro
visions rs may be necessary for huld
p ing such election. The votes cast a
} such election shall be- forthwith dull
: certified as required by Cherokee law
, and the votes shall he counted b.
, the Cherokee National Council II
the presence Of the Dawes COmmls
Y sion and the principal chief, aud saiC
! commission and principal chief shal
/ Jointly make certificate thereof anC
, proclamation OF the result.
In witness whereof, the said com
, mlsslOners aud delegates hereunt
! afix their names. at Washington, II
the District OF Columbia, on thll
, the ninth day OF April, nineteel
hundred. HENRY l.. DAWES,
TAMs BIXBY,
A. S. MCKENNoN.
THOMAS p. P.NEEDLEs.
Trnftod Ctatoa Dotnmtgqtonare "a