Page:United States Statutes at Large Volume 26.djvu/690

 636 FIFTY—FIRST CONGRESS. Sess. I. CHS. 12-18, 124.9 1890. be assigned or transferred in any way or form whatever prior to the ugzhw gg; éfm; construction and completion of the road, except as to mortgages orstmegidli? N other liens that may be given or secured thereon to aid in construction thereof. Approved, October 1, 1890. , October 1, 1890. CHAP. 1249.-An act to refer to the Court of Claims certain claims of the Shaw- QU nee and Delaware Indians and the freedmen of the Cherokee Nation, and for other· Pm'P°6€$· Be it enacted by the Senate and House of Representatives of the Shawnee mi neu- United States of America in Congress assembled, That full Juris-— '°c{)°mI_;*“',;“*Ch,ms w diction is hereby conferred upon the Court of Claims, subgect to an bur claims  appeal to the Supreme Court of the United States as in other cases, §J{‘fJ,'§l‘“°s “"° mm to hear and determine what are the just rights in law or in equity of the Shawnee and Delaware Indians, who are settled and incorpo-- rated into the Cherokee Nation, Indian Territory, east of ninety-six degrees west longitude, under the provisions of article fifteen of thetreaty of July nineteenth, eighteen hundred and sixty-six, made by and between the United States and the Cherokee Nation, and articles. of agreement made by and between the Cherokee Nation and the Shawnee Indians June seventh, eighteen hundred and sixty-nine, approved by the President June ninth, eighteen hundred and sixty- nine, and articles of agreement made with the Delaware Indians. Claims or cherokee April eighth, eighteen hundred and sixty seven; and also of the Chero- I "°°‘*”‘*’“‘°*’°*’°°"’· kee freedmen, who are settled and located in the Cherokee Nation under the provisions and stipulations of article nine of the aforesaid ' treaty of eighteen hundred and sixty-six in respect to the subject-— matter herein provided for. sun w determine Sec. 2. That the said Shawnees, Delawares, and freedmen shall B§E“,,,‘:,_ Q`],';?;';",; have a right, either separately or jointly, to begin and prosecute a ` ¤cg•;°{•;B$°d¤ °* suit or suits against the Cherokee Nation an the United States ' Government to recover from the Cherokee Nation all moneys dueeither 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 aid to the said Shawnees, Delawares, or freedmen by the Cherokee Nation, out of any money or funds which have, or may be, paid into the treasury of, or in any way have come, or may come, into the possession of the Cherokee Na-, tion, Indian Territor , derived from the sale, leasing, or rent for grazing purposes on Cherokee lands west of ninety-six degrees westongitude, and which have been, or may be, ap)propriated and directed to be paid out per capita by the acts passed y 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. Style of Suit. Sec. 3. That the said suit or suits may be brought in the name of the princglal chief or chiefs of the said Shawnee and Delaware Ing d1ans,‘an for the freedmen and in their behalf and for their use i11 the name of some person as their trustee, to be selected by them with b&I;¤ps¤¤¢rim¤,¤¤¤w 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 approyed by the Cherokee national council. Suits may be in- 4 stitute within twelve months after the passage of this act, and the rmeeulugs 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