The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1912-02-09

May 8, 1898, and therefore had no Jur-
isdiction for appeal from the decree
of May S, 1895, 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 lin law
or i'm equity of the Chero-
kee freedmen" who were settled and
located in the Cherokee Nation under
the provisions and stipulations of Ar
lticl IL" Of the treaty of 1866 'in re-
spect to the subject matter2in the act
provided for The subject matter was
described to be ito 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
lpaid 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
ldian Territory, derived from the sale
, leasing or renting for grazing purposes
: on Cherokee lands west of ninety-siS
i degrees west longitude" and which
: had been or might be, appropriated
and directed to be paid out per capita
by the acts passed by the Cherokee
/ Council, and for all money, lands ant
J rights which" should appear to b'
, Idue to the said freedmen un
: der the provisions of the aforesaid ar
/ Iticles Of the treaty and articles 0
, agreement" 26 Stat. $780,
, Article TX of the treaty of Angus
| II, 1866, the meaning of which was t
r be determined, provided as follows
e "They Cherokee Nation) further agre
f that all freedmen who have been lii
, erated by the voluntary act Of thei
e former owners or by the law, as wei
f las all free colored persons who wer
j in the country at the commencement @
the Rebellion and are now residen
a therein, or who may return within ST
: months and their descendants, sha
: have all the rights of native Chert
: KEGS"
s Under the jurisdictional act, and i
+ accordance with its provisions, su
). Twas brought by the freedmen by thei
J. trustee, Moses Whitemire, against tn
e lCherokee Nation and the United State
Y Ito determine the rights of the freeC
J, men under the treaty, which resulte
/ lin a decree of the court passed May
/. l1S95. The course of the litigation wi
S lbe found in 80 and 80 CT. els. Reps. pl
!. I13S, $50, respectively.
| on...4 1ao;da5 +la4 ,..,Jo,. tb
S ICherokee constitution of 1866 tn
e freedmen became citizens of the ne
e Ition equally with the Cherokees an
/" Iequally interested in the common prof.
e Ierty and equally entitled to share /
!. Its proceeds, but also decided that tn
s freedmen to whom the treaty referre
L lwere those who had returned to th
d Ination within six months after tn
e PRONUNCIATION of the treaty, and thei
t descendants. and that the freedme
!, and the descendants of freedmen VIII
r Ibid not return within six months wer
e Iexcluded from the benefits OF tn
o treaty. United States ex rel. Lowe VI
S Fisher.
The court decreed that the CherC
t kee Nation and the United States b
e prohibited from making any discrin
G iination between such freedmen cit
g Izens and their descendants and nativ
i Cherokees in the distribution Of fun
= Iof SS,595,736 paid by the United State
r to the Cherokee Nation for that poi
: tion of its territory known as tn
g Cherokee Outlet"
r The court conceived it necessary t
G ascertain the individual Indians VIII
/; were entitltd under its decree to shar
/ in the fund. and adjudged that tn
e roll called the Wallace Roll" whicl
{ showed 1924 persons. should be ar
. proved by the court.
Appeals We're prayed by claiman
S and defendant, but were withdraw
e afterward by stipulation, and a deere