The Vinita weekly chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1905, 1903-01-29
IAttorney-General Knox Sub
mtls An Opinion to Con-
greSs.
COURTS MUSTDECIDE
Certain Questions Relating to
the Claim OF the Cherokee
Indians Against the
United States.

Washington, d. c., Jan, 22-
December 16, 1902, my opinion
ppon certain questions relating to
The claim of the Cherokee Indians
against the United States was re.
quested by the following reaolu-
ion adopted by the House Of Rep.
Iesentatives:
Resolved, That the Attorney,
tieneral OF the United States is
hereby requested to advise the
House OF Representatives with all
convenient speed in the case Of
abe Eastern Cherokees and the
fUnited States whether or not the
award rendered under the Cbero.
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, aud the findings OF
fact OF the Court of Claims Of April
E2S, 1902, is res adjudioata; TO re-.
view the Department Of Justice Of
December 2, 1896, and advise the
House Of Representatives whether
the reasons set forth 10 that opin-
ion now constitute 8 valid defense
10 the payment Of said award.
The agreement Of December 10,
Z 1891, referred to In the resolution
and ratified by section 10 OF the
act OF Congress Of March 3, 1898
(27 Stat el2, 640). as described in
the agreement itself and IN the
ratiiying 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
delay, render TO the Cherokee Ma
lion, through any agencys sappoint-
ed by authority Of the national
council, : complete account OF
moneys due the Cherokee Nation
under any OF The treaties ratified
In the years 1917, 1919, 1926, 1928.
1888, 1866, 1876, 1896, and 1888.
and any laws passed By the Con-
greas OF the Cu,fd States for the
purpose Of carr ying 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, then the Oherokee Ns.
lion shall have tbs right within
twelve moaths 10 enleE anil against
the United States In the Court oil
Claims, With the right OF appeal
to tha Bupfems Court ofthe United
alstss b. either party, Tor aay al
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 10
be omitted from or improperly
or unjustly, or illegally adjusted
in said accounting; and the Con.
gFesa Of the United States shall, al
its next session after such case
shall be liLIlly decided and oerli.
fed TO Congress according 10 Law,
appropriate sufficient cum of
money 10 pay such judgment 10
the Cherokee Nation, should judg.
ment be rendered In her iavof; or,
II Il shall be found upon such 90.
counting that any sum OF money
has been go withheld, the amount
shall be duly appropriated b.
Congress, payable TO The Cherokee
Nation upon tho order fits nation
al council, such appropriation 10
be made by Congress i then In
session, and ifnol, then Ell tbs ses.
sion Immediately following such
accounting.
The last paragraph Of aeollen 10
Of said aes Of Congress made an
appropriations % euAble The Com.
uIssIonef u indies Aiisifp. under
ne direction nf lhe azzfeizly Of
he fnleFIef E emplof Hslsani TO
render - anEnpltle anaauhl = lhe
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