The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1912-02-07


1911. United States VS.. Adams. 6 Wall
101. is cited to support this contention.
Ia that case the paper filed was as
follows: "The United states, by E.
p. Norton. its solicitor, makes apph-
cation to the honorable court OF claims
for an appeal OF the case Of Theodore
Adams VS.. The United States TO the
Supreme Court OF the United States. -
This application was filed within the
ninety days allowed by the statute.
The order allowing II. however, was
not made until after the expiration Of
the ninety days. It was contended
that both application and allowance
should have been made within that
time, but this court held otherwise;
saying that the filing of this paper
was taking the appeal, and that the
delay in the subsequent proceeding to
render it effectual does not touch its
validity"
1t was not, however, decided that
the Court of Claims lost control Of the
case. 1t was only decided that the
party had secured a right under the
statute The rules of the Court of
Claims, made under regulations pre-
scribed by this court, provided for
further action to perfect the right ac-
quired by the party which was made
necessary by certain statutes under
which only questions Of law could be
brought here for review And the ac-
ton was more than formal. 1t con-
sisted in the finding of the ultimate
facts in the nature of special verdict
and the questions of law therefrom to
be certified to this court.
The practice in the Court of Claims
is adverse to appellees' contention. The
court followed the practice in enter
ing the decree of February 3, 1896, the
decree upon which appellees based all
of their rights. 1t was substituted for
decree passed May 5, 1895. On the
goth of July, following entry of the
latter decree, the defendants filed a
motion for rehearing and an applica-
ton for appeal from the decree. A
few days afterwards the claimants
also filed an application for an appeal.
Later the defendants filed motion
for new trial. On January 30, 1896,
the applications for appeal were with
drawn by leave of the court, and on
February 8, the decree of May 6, 1895,
was vacated and the decree of the for
mer date was entered.
1t will be observed, therefore, that if
the contention of appellees is correct
that the Court of Claims lost jurisdic-
tion of the decree under review by the
application of appellants for an ap-
peal March 80, 1911, the court lost
jurisdiction of the case by the appli-
cations for appeal from the decree of
May s, 1895, and therefore had no jur-
isdction for appeal from the decree
of May s, 1896, and therefore had no
jurisdiction to enter the decree Of Feb
ruary 3. 1896, which is the foundation
OF the rights of appellees. Counsel
would hardly like us to push their con-
tention that far and that far it might
have to be pushed if it were tenable.
The motion to dismiss is denied.
The Court of Claims obtained its
jurisdiction of the questions involved
by an act of congress approved Oc-
tober /, 1890, entitled "An Act to refer
to the Court of Claims certain claims of
the Shawnee and Delaware Indians
and the Freedmen of the Cherokee Ma
tion, and for other purposes" The
rights referred to the Court of Claims
for adjudication were those 'in law
or in equity of the Chero-
kee freedmen" who We're Settled and
located in the Cherokee Nation under
the provisions and stipulatiQns OF Ar
ticl TX" of the treaty Of 1865 "in re-
spect to the subject matter" in the act
provided for The subject matter was
described to be TO recover from the
Cherokee Nation all moneys due, either
in law or equity, and unpaid to the
freedmen, which the Cherokee
Nation" had before paid out or"
might thereafter pay per capita in
the Cherokee Nation and which was or
might be" refused or neglected ito be
paid to the said = freedmen by
the Cherokee Nation out of any funds
which had been, or might be, paid
into the treasury of. - or in any way
had come or might come into the
possession of the Cherokee Nation, In
dian Territory, derived from the sale,
leasing or renting for grazing purposes
on Cherokee lands west of ninety-six
degrees west longitude" and which
had been or might be, appropriated
and directed to be paid out per capita