Legal Opinion

United States v. Cherokee Nation

Supreme Court of the United States

Decided April 30, 1906No. 346, 347, 348PublishedCited by 25 opinions

APPEALS FROM THE COURT OP CLAIMS. Section 68 of the act of Congress of July 1, Í902, entitled “ An act to provide for the allotment of the lands of the Cherokee Nation, for the disposition of town sites therein, and for other purposes,” 32 Stat. 716, 726, reads as follows: “ Jurisdiction is hereby conferred upon the Court of Claims to examine, consider, and adjudicate, with a right of appeal to the Supreme Court of the United States by any party in interest feeling aggrieved…

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APPEALS FROM THE COURT OP CLAIMS. Section 68 of the act of Congress of July 1, Í902, entitled “ An act to provide for the allotment of the lands of the Cherokee Nation, for the disposition of town sites therein, and for other purposes,” 32 Stat. 716, 726, reads as follows: “ Jurisdiction is hereby conferred upon the Court of Claims to examine, consider, and adjudicate, with a right of appeal to the Supreme Court of the United States by any party in interest feeling aggrieved at the decision of the Court of Claims any claim which the Cherokee tribe, or any band' thereof, arising undér treaty…

1Opinion of the CourtChief Justice Fuller

Of the four items of the amounts allowed, only one, that for $1,111,284.70, need bo considered here.

1. The correctness of the account is conceded, and the question is whether the United States were properly held liable therefor. The Court of Claims ruled that the. account rendered by Slade and Bender under the agreement between the United States and the Cherokee Nation, ratified by Congress, was neither an award nor an account stated, but that the United States were nevertheless liable in the circumstances for the balance found.

The case is thus put by-Chief Justice Nott:

“But while the account…

2Cases cited2 opinions

  1. Tillson v. United StatesSupreme Court of the United States · 1879
  2. United States v. Old SettlersSupreme Court of the United States · 1893

3Cited by25 opinions

  1. United States v. Sioux Nation of IndiansSupreme Court of the United States · 1980
  2. Cherokee Nation v. United StatesSupreme Court of the United States · 1926
  3. HOGNER v. STATECourt of Criminal Appeals of Oklahoma · 2021
  4. In Re Brichard Securities LitigationDistrict Court, N.D. California · 1992
  5. Prairie Band of Potawatomi Indians v. United StatesUnited States Court of Claims · 1958

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