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Show 106 REPORT OF TEE OOXMISSIONER OF INDIAN AFFAIRB. They were confirmed by Congress, and $68,000 was appropriated in the deficiency appropriation act approved August 23, 1894 (28 Stat., GI), to settle and quiet title to lands in Qualla boundary claimed by the Indians, to perfect title to other lands elsewhere in North Caro-lina, and to pay expenses of securing the compromises and carrying them into effect. A decree of the circuit court for the western district of North Caro-lina at it8 October term, 1894, was made upon a supplemental bill in equity filed by the district attorney under the direction of the Secre-tary of the Interior and the Attorney-General, for the express pur-pose of having a new deed in fee simple executed by the standing master in chancery for the Eastern band of Cherokee Indians, as a corporation, for the Qualla boundary, omitting the clause restricting the power of alienation, which was not in accordance with the award and the decree of the court and was repugnant to the nature of the estate conveyed. It is understood that such deed was executed by the standing master in chancery under said decree of the court." A subsequent decree of said circuit court was entered November 15, 1895, pursuant to agreements of compromise, perfecting the title in fee of the Indians to certain tracts of land, 68 in number, described in former deed of August 14, 1880; which decree by its provisions was to operate as a deed of conveyance. The decree was duly recorded in the several counties as therein directed and the land vacated by the defendant. To carry this decree into execution, Congress, in the Indian appro-priation act approved March 3, 1901 (31 Stat., 1076), appropriated $8,770, including the sum of $4,000, to be paid to the Cherokee Indians (Exhibit 7), for land which the court held belonged to the 1ndians.b The decree further ordered that the Commissioner of Indian Affairs be relieved from the duty imposed on him, as trustee of the Cherokee Indians for the aforesaid 68 tracts of land, and that the title to these 68 tracts be vested in the Eastern band of Cherokee Indians, as a corporation, except those tracts therein decreed to belong to the defendants. TheCommissione~oIfn dian Affairsw as also ordered, by a properdeed of conveyance, to release and quit-claim to the Indians all the right, title, and interest whatsoever that the Commissioner of Indian Affairs . had acquired in and to the 68 tracts of land conveyed in the "Sibbald" deed, as trustee or otherwise, not therein decreed to belong to the defendant. Further, it was ordered that this decree be registered in aFor reference to Judge Dick's decree, see 68 Federal Reporter, page 584, and for copy of the deeree, see Annual Report for 1895, page 632; see decree of Judge Goff, November 8, 1897, 83 Federal Reporter, page 551. bFor copy of decree confirming such agreement, see Annual Report for 1901, page 625. |