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

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

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Chapter 1249
Sections 2 | 3 | 4

Margin Notes
Chap. 1249 Shawnee and Delaware Indians. Court of Claims to hear claims against Cherokee and United States.
    1892, c. 151, post, p. 446.
    30 Ct. Cls., 138;
    30 Ct. Cls., 180;
    31 Ct. Cls., 140.
    155 U.S., 180.
    1872, c. 157, note, ante, p. 131.
Chap. 1249 Claims of Cherokee freedmen to be heard.
Sec. 2 Suit to determine rights of Shawnee, Delawares and freedmen to proceeds of Cherokee lands.
Sec. 3 Style of suit.
Sec. 3 Lapse of time, not to bar.
Sec. 3 Proceedings.
Sec. 3 Counsel.
Sec. 3 Attorneys’ fees.
Sec. 3 Enforcement of judgments.
Sec. 4 Shawnee may bring suit for moneys due from United States.
Sec. 4 Procedings, etc

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Chapter 1249
    Oct. 1, 1890. | 26 Stat., 636.
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An act to refer to the Court of Claims certain claims of the Shawnee and Delaware Indians and the freedmen of the Cherokee Nation, and for other purposesa

a  This act is amended by the act of July 6, 1892, chapter 151 (post, p. 446). Other legislation relative to the Shawnee is that relating to the Kansas lands of the Black Bob band, March 3, 1879, J. R., No. 12 (20 Stat., 488), and March 1, 1889, chapter 321 (ante, p. 324). The act of October 19, 1888 (25 Stat., 608), secured part of the Cherokee funds to a part of the Shawnee incorporated into the Cherokee Nation.
By the act of March 3, 1893 (27 Stat., 641), a part of the funds arising from the sale of the Cherokee Outlet are directed to be held pending the determination of suits against the United States brought under the above act. By the act of May 27, 1890, chapter 888 (post, p. 752), funds of the Eastern Shawnee are to be credited with interest at five per cent. See note to 1872, chapter 151 (ante, p. 131).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That full jurisdiction is hereby conferred upon the Court of Claims, subject to an appeal to the Supreme Court of the United States as in other cases, to hear and determine what are the just rights in law or in equity of the Shawnee and Delaware Indians, who are settled and incorporated into the Cherokee Nation, Indian Territory, east of ninety-six degrees west longitude, under the provisions of article fifteen of the treaty of July nineteenth, eighteen hundred and sixty-six, made by and between the United States and the Cherokee Nation, and articles of agreement made by and between the Cherokee Nation and the Shawnee Indians June seventh, eighteen hundred and sixty-nine, approved by the President June ninth, eighteen hundred and sixty-nine, and articles of agreement made with the Delaware Indians April eighth, eighteen hundred and sixty-seven; and also of the Cherokee freedmen, who are settled and located in the Cherokee Nation under the provisions and stipulations of article, nine of the aforesaid treaty of eighteen hundred and sixty-six in respect to the subject-matter herein provided for.

SEC. 2

That the said Shawnees, Delawares, and freedmen shall have a right, either separately or jointly, to begin and prosecute a suit or suits against the Cherokee Nation and the United States Government to recover from the Cherokee Nation all moneys due either in law or equity and unpaid to the said Shawnees, Delawares, or freedmen, which the Cherokee Nation have before paid out, or may hereafter pay, per capita, in the Cherokee Nation, and which was, or may be, refused to or neglected to be paid to the said Shawnees, Delawares, or freedmen by the Cherokee Nation, out of any money or funds which have, or may

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be, paid into the treasury of, or in any way have come, or may come into the possession of the Cherokee Nation, Indian Territory, derived from the sale, leasing, or rent for grazing purposes on Cherokee lands west of ninety-six degrees west longitude. and which have been, or may be, appropriated and directed to be paid out per capita by the acts passed by the Cherokee council, and for all moneys, lands, and rights which shall appear to be due to the said Shawnees, Delawares, or freedmen under the provisions of the aforesaid articles of the treaty and articles of agreement.

SEC. 3

That the said suit or suits may be brought in the name of the principal chief or chiefs of the said Shawnee and Delaware Indians, and for the freedmen and in their behalf and for their use in the name of some person as their trustee, to be selected by them with the approval of the Secretary of the Interior. And the exercise of such jurisdiction shall not be barred by any lapse of time heretofore, nor shall the rights of such Indians be impaired by any acts passed and approved by the Cherokee national council. Suits may be instituted within twelve months after the passage of this act, and the law and practice and rules of procedure in such courts shall be the practice and law in these cases; and copies of petitions filed in the case at the commencement of the suit shall be served upon the Attorney-General of the United States and on the principal chief in the Cherokee Nation by the marshal of the district court for the Indian Territory; and that the costs of the said suits shall be apportioned between the United States and the other parties to such suits as to said court law and equity shall require. The Attorney-General shall designate and appoint from the Department of Justice a person who is competent to defend the said Cherokee Nation and the United States. And the said Shawnees, Delawares, and freedmen may be represented by attorneys and counsel. And the court is hereby authorized to decree the amount of compensation of such attorneys and counsel fees, not to exceed ten per centum of the amount recovered, and order the same to be paid to the attorneys and counsel of the said Shawnees, Delawares, and freedmen; and all judgments for any sum or sums of money which may be ordered or decreed by such court in favor of the Shawnees, Delawares, or freedmen, and against the Cherokee Nation, shall be enforced by the said court or courts against the said Cherokee Nation by execution mandamus, or in any other way which the said court may see fit.

SEC. 4

That the said Shawnee Indians are hereby authorized and empowered to bring and begin a suit in law or equity against the United States Government, in the Court of Claims, to recover and collect from the United States Government any amount of money that in law or equity is due from the United States to said tribes in re-imbursement of their tribal fund for money wrongfully diverted therefrom. The right of appeal, jurisdiction of the court, process, procedure, and proceedings in the suit here provided for shall be as provided for in sections one, two, and three of this act.

Approved, October 1, 1890.

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