Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-04-30
IN US. SUPREME COURT
EXPENSE OF REMOVING CHERo.
KKE INDIANS.
Responsibility Placed on the Govern
ment-Suit Over Land Grant
to Railway.

The responsibility for the payment of tho
expenses OF the removal OF the Cherokee
Indians from the eastern states to Indian
Territory moro than half O century sao
was today decided by the Supreme Court
or the United States to rest with the gov
eminent. There were several cases involv-
ing the same question.
The opinion was handed down by Chief
Justice Fuller and afirmed the decision OF
the Court OF Claims with slight modifca-
lions. These expenses were charged to the
Cherokee treaty fund. and the Indians
claimed that this was improperly done.
The question of interest on the payment
also was raised. Tho judgment Of the
Court OF Claims Was in favor Of the Chero-
KEGS ana against the United States and
called for the payment OF about $4,000, 900.
Inc case has received much attention from
Congress and in the courts.
Extensive Territory In Dispute.
A motion was filed for the attorney gen.
eral for the state Of Kansas. asking leave
to file an original suit on behalf Of the
state against tho oficers Of the Interior
Department. the head chief and subordinate
officials Of the Muskogee tribe of Indians
and the ailottees OF that tribe to establish
the right OF the Missouri. Kansas and
Texas Railroad Company to the land grant
ed to that company through the state of
~'eAS AZ Aooo. lid Is " part or the grant
concerning which SO much has been re-
Gently said In Congress. and II covers each
alternate section Of land for ten miles on
either side OF the road through not only
the Musko8ee nation, but through the Choc-
law, Chickasaw and Cherokee nations, In
the Muskogee nation there are over 500 OO0
acres OF land and the entire grant embraces
S;W1Uo acres. The value OF the land Is
placed at <20 an acre. but some Of II Is
coal land and Is worth far more. The mo-
ton was taken under advisement
Decided Against Murderers.
The decision of the court was announced
In the case of Robert Sawyer and Arthur
Adams two negro members OF the crew
OF the schooner Harry Berwind. who are
under sentence of death for the murder
OF the captain. the mate. the engineer and
the COOK OF that vessel The decision of
the trial court was sustained and the re-
suit was against the defendants
They were charged with having COM
mitted the crime in connection with two
other negro members of the crew on the
10th of last October. off the coast OF North
Carolina, while the vessel was sailing
northward from Mobile The two other
men who were charged with completely in
the crime were John s. Coakley. who was
In the trial of the cases. testified against
Sawyer and Adams. The three survivors
Of the tragedy were taken OF the vessel
by passing ship and landed at South
circuit court Of the United States for the
eastern district Of North Carolina, and
both were found guilty Of murder on the
high seas. They brought the case to the
Supreme Court upon an allegation of error
in the proceedings in the trial court con-
sisting in the standing aside Of jurors.
The court orerruled the objection. but
Justice Peckham. who announced the
courts finding. said 1t did so with reluc-
lance, owing to the possibility of an abuse
OF the practice. Justice White dissented
from the decision.
Claim for Printing Stamps.
The case of the United States against
the Milltken Imprinting Company of New
York was decided In favor of the govern
ment. The case involved claim by the
company for damages on account OF q
contract made in 1880 for printing internal
revenue stamps on checks. bonds and other
papers. The company made a claim for
SS7 900 and the court Of claims awarded IL
$21 OS4 The government appealed the case
to the Supreme Court with the result that
a reversal was secured The opinion In the
case was delivered by Justice Holmes
Preference In Bankruptcy Proceedings.
The court decided two cases brought
against william H. Stake, trustee for c.
R. Baird & Co. bankrupts. Of Roanoke.
Va, involving the question OF preference
claimed on account Of attachments made
by creditors within four months prior to
the bankruptcy proceedings. One Of the
cases was instituted by the First National
Bank of Baltimore and the other by the
receivers OF the Virginia Iron, Coal and
Coke Company. The circuit court OF ap-
peaIs for the fourth circuit decided in
favor OF Stake and today's decision affirm
ed that finding. The opinion was by Justice
Browne.