Cherokee Nation v. Hitchcock
Supreme Court of the United States
APPEAL PROM THE COURT OF. APPEALS OF THE DISTRICT OF COLUMBIA. This cause was begun on the equity side of the Supreme Court of the District of Columbia. The complainants named in the bill were the Cherokee Nation, and it's principal chief and treasurer and sundry other citizens of the nation, suing on behalf of themselves and of citizens of the nation residing in the Indian Territory. Ethan A. Hitchcock, as Secretary of the Interior, was made sole defendant.
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APPEAL PROM THE COURT OF. APPEALS OF THE DISTRICT OF COLUMBIA. This cause was begun on the equity side of the Supreme Court of the District of Columbia. The complainants named in the bill were the Cherokee Nation, and it's principal chief and treasurer and sundry other citizens of the nation, suing on behalf of themselves and of citizens of the nation residing in the Indian Territory. Ethan A. Hitchcock, as Secretary of the Interior, was made sole defendant. It was claimed in the bill that, by virtue of certain treaties and a patent based thereon, the Cherokee Nation was vested with a fee…
1Opinion of the CourtJustice White
The grounds of demurrer to the biU of complaint were summarized in the following reasons embodied in a statement filed with the demurrer:
“ 1. The matters named in the bill are matters of administration, which cannot be taken away from an executive department and carried into the courts.
“2. That the Cherokee-Oil & Gas Company named in the bill is a necessary party to the suit, as shown by the bill.
“ 3. That the defendant is proceeding in conformity with the act of Congress approved June 28, 1898,-30 Stat. 495, which is a valid exercise of the power of Congress over the property of an Indian…
2Cases cited4 opinions
- Cherokee Nation v. Southern Kansas Railway Co.Supreme Court of the United States · 1890
- Stephens v. Cherokee NationSupreme Court of the United States · 1899
- Cherokee Nation v. JourneycakeSupreme Court of the United States · 1894
- The Cherokee Trust FundsSupreme Court of the United States · 1886
3Cited by160 opinions
- Santa Clara Pueblo v. MartinezSupreme Court of the United States · 1978
- Countyof Oneida v. Oneida Indian Nation of NYSupreme Court of the United States · 1985
- Lone Wolf v. HitchcockSupreme Court of the United States · 1903
- Choate v. TrappSupreme Court of the United States · 1912
- Heckman v. United StatesSupreme Court of the United States · 1912
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