The Vinita weekly chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1905, 1903-01-29

PANFf"ANAt ~ - NHNbA NaAo fhe0NfT
ization that an accounting was had
between the United States and
the Cherokee Nation, As set forth
In House oi Representatives execu-
tive document No. 1872, Fity-third
Congress-, third session. Whether
this accounting is in coniempls-
ton OF law and "awsrd," as de.
scrlbed in the resolution, and
therefore conclusive upon the
United States, is a debatable Ques
tion which IL is not advisable for
me to express an opinion upon at
this time; but II IL be an award it
Is maniiestly, under the terms Of
the agreement and the provisions
appropristing money TO meet the
expense OF the accounting, an
award In favor Of the Cherokee
Nation and not one in favor OF the
Eastern Cherokees.
Neither the agreement nor the
provision appropriating money to
meet the expense Of accounting
authorized an accounting with the
Eastern Cherokees or between par
ties other than the United States
and the Cherokee Nation, and II
the accounting 90 had extensd to
matters outside Of the authorized
II is surely in that respect not OBJ.
ligatory upon the United staiss
Nor is there anything In the find.
ing OF the Court OF Claims whion
changes or enlarges the effect Of
this accounting or makes II rec ad
judicsta between the United States
and the Eastern Cherokees.
The resolution also requests that
i review the opinion Of one Of MY
predecessors, dated December IL.
1895, relating TO this accounting,
and advise the House Of Represent.
atiyes whether the reasons given
In that opiEion now constitute a
valid defense 10 the payment Of
the money found due in such ac.
counting. II does not seem advis.
able to comply with this request.
By section 68 Of the act OF July
/, 1902 (32 Stat, GIG, 626), which
act has been duly ratified by tbs
Cherokee Nation, Ne required BY
seclions IA and 75 thereof, Con.
grees authorized the Cherokee M.
tion 20 bring suit against The United
States ct any time within two
years 10 the Court OF Claims, with
the right Of appeal 10 the Supreme
Cour. By sny aggFieved party 10
interest upon any claim arising
under treaty stipulalions which
such nation may have against the
United States, and authorised the
Court OF Claims-
by proper orders and process 10
lnske parties 10 any such suit ell
persons whose presence In the liti-
CATION Il may deem necessary o.
proper 20 The final determination
OF The matter In controversy.
The prsssn. claim is one arising
under treaty sNpulations, and is,
therefore. one which the Ohsro.
kes Nation has perfect right 70
liliga,s against he United States
under lbis statute. The paymsnl
OF the clam TO another or adverse
claimant would not be destructive
Of this right, por would il consti.
tuls a sutfelen. defence 10 such a
suit II upon judicial inquiry the
cour. should find ,ae Ubsfokes
Nation 10 be lbe rightfnl claimant.
Ths Cherokee Nation, as ! am IN.
formed, asserts . right TO this
claim; has employed council to
prosecute the same agreeably TO
said statute, and is about TO insti-
tute a suit upon the claim 10 The
Court Of Claims against the United
States.
The terms Of the statute are,
fortunately, such that the Eastern
Cherokees, who, as | am informed,
claim adversely to the Cherokee
Nation. may be made parties TO
The suit and compelled 10 litigate
with tha CkaYokaa Nalion thair