The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1901-03-25
m THE COURT
OF CLAIMS
That Four Million Claim Of
The Eastern CherO-
KEGS
warrington, D. G. March % TN

Washington, D. C.. March 23.-The
atlorneys in the case Of the Eastern
cherokecs against the United states
In the court OF claims Of The United
states. number iO.5S6, have filed their
petition and have made call for doc
umcntary evidence required ia the case
and expect 40 make request for finds
ing OF fact Immediately
This case was sont 90 the court oi
claims under resolution of the sem
5ata of the United states Of February 20
lo0t az the request OF the Eastern
Cborotees in a bin intreduced in their
Interest (senate bin 5esD. which to-
cether with the various memorials
arguments. etc. submitted by the
Eastern Cherokees were submitted to
the court of claims with instructions to
report the facts 60 the senate OF the
United States.
Tho amount inVoiveo Is Sljli,9A.fO
with interest al per cent. from June
~. 1888. to date of payment The money
la claimed To be due the Eastern Cher
okccs under the ninth article OF the
treaty Of 1876 and the fifteenth article
OF the treaty OF 1886
The Cherokee Nation, In bill ape
pointiug Halsali and Turner on De-
cember g. 1900. conceded that the money
should be paid out under the ninth
article OF the treaty OF 1876. So that the
only contention Between the Cherokee
Nation ana the Eastern Cherokees is
whether on not the Cherokee Nation
has right to represent the Eastern
Cherokees. large number of whom re-
rice In the Cherokee Nation. many Of
Them scattered throughout the states
af the Union, and several thousand re-
rldlug IN North Carolina. or whether
Eastern Cherokees have a right TO rep
resent themselves under the organlza-
ron made IN the Indian territory and
North Carolina The committees both
of the house OF representatives ana the
senate and the senate itself has rec
ggni1ed the Eastern Cherokees as en-
tltled 10 act for themselves and the
Cherokee Nation has not been permit
ted 10 Interfere with the right OF those
people 20 represent their own interest.
II Is understood that the finding Of
fact viii be rendered In ample time to
10 before congress at It's next session.
The attorneys OF the Eastern Chero-
Ace case are pressing the matter with
the greatest vigor and In an interview
ufth Colonel Robert l.. Owen, who Is
she attorney OF record in the case. he
stated that he had no doubt whatever
not only OF obtaining the statement of
fact. but one entirely favorable 20 his
clients. before the next session on con
xress
He stated further that the claim set
up by some OF the western Cherokees
70 participate IN this fund awarded to
the Eastern Cherokees by Slade and
BENDER was without foundation, that
the rights Of the Western CherokeeB
had been entirely disposed OF by the
SQUIRT 0f claims and the supreme court
os the Iiritcd states that they had re-
oeived an that was due them, amount
ing 30 S283.O0 per capita, while the
Eastern Cherokees even when paid the
amount claimed TO be due, would only
have received Si2AO0 per capita, ex-
rluding interest, that the fund found
due the Cherokee Nation under the
treaty of 1885 was really due the East
ern Cherokces. as explained IN the OPP
hsion OF Attorney General John j..
crittrnden on April IS. 1861 IN which
he held that the Cherokee Nation re-
ferred TO where really those Cherohees
resided east az the date Of the treaty
~ 1885
He stated further that the balance
promised TO the individuals referred TO
IN article i5 OF the treaty OF 1895 was a
right vested In those individuals that
the United states was trustee for their
benefit and the custodian OF the fund
and could not discharge the obligation
90 the parties entitled ta the money un-
der the treaty by paying II over to the
Cherokee Nation. that the United
states would be responsible untll the
individuals received the money due
them. that the United States might
recogniez the Cherokee Nation as It's
agent 10 ndministrate the trust but II
w0uid be entirely responsible for any
fannre OF performance II the Cherokee
Nation ala not discharge It's proper OBJ
legations. that there was not the slight.
est danger OF the United states ever
rep0slng such q trust la the body pollt.
BE- known now as TIE Cherokee Ma
tlon.
fi,,nf nfarfoffr az navrtttfo Xtrffct