The evening times. [volume] (Washington, D.C.) 1895-1902, 1902-10-29
10 TAKES TO COURTS
INSTEAD OF WARPATH
DeiaWareS Sue for Rich
Cherokee Lands
OVER 100000 INVOLVED
Important Questions Before the Court of
CIaims-Purchase Of 1867 Alleged
to Have Been But Life Interest


An important Indian case came up
yesterday IN the Court of Claims. It Il
a suit brought by the Delaware Nation
against the Cherokee Nation under au-
thcrity Of an act of Congress which gives
wide powers TO the court The Della
ware Nation today comprises something
over ZOO people. and there are over So
600 Cherokees. The litigation involves
the title 30 157. 500 acres OF land. which
the DeIawares claim they purchased o,
the Cherokees il 1851
The suit. which has been pending some
Iour years. has been bitterly contested
Over 1000 pages Of testimony and briefs
make UP The printed record. The Della
ware Nation Is represented by Richard
C Adams and others. Who have been
authorized in council TO institute these
proceedings. and in The Court of Claims
by Walter s Logan. OF New York. and
his associate Charles NJ DemonG- The
Cherokees are represented in court By
William T. Hutchings. of Nuscogee, L
T. as attorney of record. and John J.
HemphiI IS counsel.
Claims Of the Full loods.
William NJ. Robson yesterday asked
leave OF the court TO file an intervening
petition in behalf of those members of
the Cherokee Nation who we're OF full
blood composing the Keetoowah Society
and brief statement OF the cause OF
action was made on behalf of the Della
wares by Walter s. Logan, and on be
half of the Cherokee Nation by John J
HemPhiI Argument Of the case then
began, Charles n. Demond making the
opening address. which was not con-
cIuded at the end Of the session
The lands involved comprise some OF
the choicest IN Indian Territory. and,
according 10 the claims Of the Della
wares were purchased outright IN 1857.
and paid for !; Is claimed by the Cher
olee Nation, however, that the Della
wares did not get an absolute title 10
these lands. but merely purchased an
interest which was simply a life estate.
The theory being that as soon as any
Delaware occupying these lands died his
Interest IN them Iapsed and such lands
became part OF the Cherokee national
domain
Demand Share II Communal Fund.
The Delawares claim. in addition, that
they are entitled equally with All other
Cherokee citizens to share in the vast
national domain Of the Cherokee nation
and the great funds which are held in
trust for that nation by the United
states. While this IS not substantially
disputed the further contention OF the
Delawares that many persons have been
improperly admitted as Cherokee cfri-
zens, is bitterly contested It seems
that the Cherokee legislature has ad-
mitted 10 citizenship in that nation
many peTsUns-negroes. white persons
and people OF Indian bIood-wh0 have
paid nothing for citizenship and who yet
claim 10 share N the communal fund.
The compliments ask that the court
exclude such persons and that it should
take or order a census OF all persons
who are entitled 10 share in the com
munaI property.
Large Sums Missing.
Another important question Is with
reference 10 hundreds OF thousands Of
dollars which have been stolen or mis-