The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1903-01-27


the Cherokee Nation, as set forth
in House Of Representatives execu-
tive document No. 1872, Fifty-third
Congress, third session. Whether
this accounting is in contempla-
ton Of law and award" as de-
scribed in the resolution, and
therefore conclusive upon the
United States, is debatable ques.
ltion which it 10 not advisable for
me to express an opinion upon at
this time; but if it be an award il
is manifestly, 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
authorised an accounting with the
Eastern Cherokees or between par.
ties other than the United States
and the Cherokee Nation, and II
the accounting a. had extened 70
matters outside Of the authorized
it Is surely in that respect not OBJ
ligatory upon the United States
Nor is there anything in the 6nd-
| ing Of the Court OF Claims which
changes or enlarges the effect Of
this accounting or makes 1t res ad
| judicata between the United States
and the Eastern Cherokees.
| The resolution also requests that
l review the opinion of one Of my
predecessors, dated December IL.
1895, relating to this accounting,
and advise the House OF Represent
atives whether the reasons given
In that opinion now constitute .
valid defense TO the payment Of
the money found due in such &C.
counting. II does not seem advis.
able TO comply with this request
j BY section 6S Of the act Of July
1, 1902 (32 Stat. GIG, 62S), which
act has been duly ratified by ths
Cherokee Nation, as required BY
sections IA aid rs thereof, Con.
gress authorized the Cherokee Ma
lion to bring suit against the United
States at any time within twt
years in the Court Of Claims, with
The right OF appeal to the Supreme
0our. by any aggrieved party in
interest upon any claim arising
under treaty stipulations which
such nation may have against thu
United States, and authorized ths
Court Of Claims
by proper orders and process e
make parties TO any such suit al
persons whose presence in the liti
cation il may deem necessary Of
proper to the final determination
OF the matter in controversy.
| The present claim 10 one arising
under treaty stipulations, and 10
therefore. one which the Cbero
kse Nation has . perfect right e
litigate against the United State'
under this statute. The payment
| OF the claim to another or adverse
claimant would not be destructive
Of this right, nor would it consii
tute ! sufficient defense to such
suit II upon judicial inquiry th'
court should find the Cherokee
Nation to be the rightful claimant
The Cherokee Nation, as / am In
formed, asserts a right to thi'
claim; has employed council t'
prosecute the same agreeably II
said statute, and is about to insti
tute q suit upon the claim in tn!
Court Of Claims against the UniteS
States.
i 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 (
the suit and compelled to litigat'
with the Cherokee Nation theil
adverse assertions of ownership
an that the riphtful claimant