INDIAN AFFAIRS: LAWS AND TREATIES

Vol. I, Laws     (Compiled to December 1, 1902)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.


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ACTS OF FORTY–SEVENTH CONGRESS—SECOND SESSION, 1883.
CHAP. 59 | CHAP. 61 | CHAP. 141

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Chapter 141

Margin Notes
Chap. 141 Deficiency appropriation.
Chap. 141 Eastern Band of Cherokee Indians authorized to bring suit, etc., in Court of Claims against the United States.
    [22 Stat., 585.]
    See also Feb. 25, 1889, post p. 316;
    Oct. 1, 1890, post p. 372;
    July 6, 1892, post p. 446;
    Mar. 2, 1895, post p. 558;
    June 28, 1898, sec. 25, ante, p. 100.
Chap. 141 Interior Department records may be filed.
Chap. 141 Payment of judgment and costs.
Chap. 141 Attorney-General to appear for United States.
Chap. 141 Appeal.

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Chapter 141
    Mar. 3, 1883. | 22 Stat., 582.
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An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, eighteen hundred and eighty-three, and for prior years, and for those certified as due by the accounting officers of the Treasury in accordance with section four of the act of June fourteenth, eighteen hundred and seventy-eight, heretofore paid from permanent appropriations, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the objects hereinafter stated, namely:


INTERIOR DEPARTMENT.

INDIAN AFFAIRS.

The Eastern Band of Cherokee Indians is hereby authorized to institute a suit in the Court of Claims against the United States to determine the rights of the said band in and to the moneys, stocks and bonds, held by the United States in trust for the Cherokee Indians, arising out of the sales of lands lying west of the Mississippi River, and also in a certain other fund, commonly called the permanent annuity fund, to which suit the Cherokee Nation, commonly called the Cherokee Nation West, shall be made a party defendant. The said Eastern Band shall within three months after the passage of this act file a petition in said court, verified by the principal chief of said band, setting forth the facts upon which said claim is based. The said Cherokee Nation West shall within six months after the passage of this act file its answer to said petition and said cause shall proceed to final determination pursuant to the practice in said court, and such rules or orders as the court may make in that behalf.

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The Secretary of the Interior shall transmit to said court, for the consideration of said court, copies duly certified of all records, papers, and other documents on file in the Department of the Interior which he may deem necessary to said cause or which may be requested by either of the parties hereinbefore referred to, and the said parties respectively may take and submit to said court such additional competent testimony as they may desire. And jurisdiction is hereby conferred upon said court to hear and determine what, if any, interest, legal or equitable, the said Eastern Band has in said moneys, stocks, bonds so held in trust by the United States, and shall enter a decree specifically defining the rights and interests of the said Eastern Band therein, and in any moneys hereafter to be derived from sources similar to those out of which the existing fund arose.

When the interest, if any, of the said Eastern Band has been ascertained as aforesaid, the Secretary of the Treasury shall out of the portion of the fund adjudged to said parties, respectively, pay all the proper costs and expenses of said respective parties of the proceedings herein provided for, each party, except the United States, to be liable for its own costs and expenses, and the remainder shall be placed to the credit of said Eastern Band and of the said Cherokee Nation, in accordance with their respective rights as ascertained by the said judgment and decree of said court.

In the said proceeding the Attorney General, or such of his assistants as he may designate, shall appear on behalf of the United States. Either of the parties to said cause may appeal from any judgment rendered by said Court of Claims to the Supreme Court of the United States, and the said courts shall give such cause precedence.


Approved, March 3, 1883.


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