The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1903-01-27
htorney-Genera| Knox Sub
mtis An Opinion to Con-
gress.
COURTS MUSTDEClD
Certain Questions Relating to
the Claim of the Cherokee
Indians Against the
United States.


Washington, D. c., Jan. 22-
December 16, 1902, my opinion
upon certain questions relating to
the claim of the Cherokee Indians
against the United States was re-
quested by the following resolu-
tion adopted by the House OF Rep
resentatives:
Resolved, That the Attorney
General of the United States is
hereby requested to advise the
House Of Representatives with all
convenient speed in the case OF
the Eastern Cherokees and the
United States whether or not the
award rendered under the Chero.
kee agreement Of December 18th,
1891, ratified by act of Congress
approved March 3, 1893, as set
forth in House executive document
numbered one hundred and eighty
two of the Fifty-third Congress,
third session, and the findingo Of
fact OF the Court Of Claims Of April
28, 1902, is res adjudicata; to re.
view the Department OF Justice Of
December 2, 1896, and advise the
House Of Representatives whether
the reasons set forth In that opin-
ion now constitute valid defense
to the pay ment Of said award.
The agreement Of December 10,
! 1891, referred to in the resolution
4 and ratified by section 10 Of the
\ act Of Congress Of March 3. 1898
ca Stat. 612, 640), as described in
the agreement itself and in the
ratifying act Of Congress, is one
between certain commissioners on
the part Of the United States and
certain Commissioners on the part
of the Cherokee Nation. The
fourth subdivision Of article 2 OF
this agreement is as follows:
The United States shall, without
ds'Ay, render TO the Cherokee Ma
ti&n, through any agencyssppoint.
cd by authority Of the national
council, q complete account OF
moneys due the Cherokee Nation
under any of the treaties ratiGed
ia the years 1917. 1919, 1925, 1928,
1888, 1866, 1876, 1866, and 1858.
and any laws passed by the Con-
qress Of the United States for the
purpose Of carrying said treaties,
or any OF them, into effect; and
upon such accounting, should the
Cherokee Nation, by its national
council conclude and determine
that such accounting is incorrect
or unjust, the the Cherokea Na
ton shall have the right within
twelve months to enter suit against
the United States In the Court OF
Claims, with the right Of appeal
to the Supreme Court Of the United
States By either party, for any 81.
legged or declared amount Of money
promised but withheld by the
United States from the Cherokee
Nation under any Of said treaties
or laws which may be claimed to
be omitted from or improperly
or unjustIy, or illegally adjusted
in said accounting; and the Con-
gress OF the United States shall, at
It's next 81 sion after such case
shall be finally decided and certi-
fed to Congress according &c law,
appropriate 8 sufficient sum OF
money to pay sluh judgment to
the Cherokee Nation, should judg-
ment be rendered in her favor; or,
il it shall be found upon such ac-
counting that any sum OF money
has been so withheld, the amount
shall be duly appropriated by
Congress, payable to the Cherokee
Nation upon the order of its nation
al council, such appropriation to
be made by Congress II then in
session, and ifnot, then at the ses-
sion Immediately following such
accounting.
The last paragraph of section 1O
OF said act of Congress made an
appropriation to enable the Com.
|, missioner OF Indian Affairs, under
the direction Of the Secretary Of
4 the interior, to employ persons to
Y render "a complete account to the
Cherokee Nation Of moneys due