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Show f 104 REPORT OF THE CODlMISRIONER OF INDIAN AFFAIRS tions,and to assist the special agent by every means, not only indetect-ing fraud, but in observing the manner in which the investigation was conducted, etc. Chief Mayes so far approved the suggestion as to appoint Judge R. F. Wyly for this work, but subsequently reconsidered his action, concluding-that the power to make such an appointment vested solely in the national council. Agent Wallace commenced taking testimony in September, 1889, and concluded his work in the spring of 1890. Be reported 5,129 persons as entitled to participate in the per capita distribution of the $75,000, as follows: j Cherokee freedmen .......................................... 3,699 Delavares .................................................. 821 Shawllees ................................................... 709 Total ................................................. 5,129 As the Cherokee Nation made a per capita payment of $15.50 to eaoh Cherokee by blood out of the appropriation of $300,000 under the act of 1883, it was estimated, that it mould require the sum of 879,499.50 to pay'all of said claimants. These ~cl~edulheas re heen carefi~llyre vised by this office, together with the mass of evidence taken and submitted by Agent Wallace. As a result of that examinatiou and revision a schedule was submitted to you on the 29th of October, 1890, conlaiuiug the names of 1,988 liv-ing and 107 dead f'ceedmen i h o had beeu, or were descendants of those who had been, recognized by the Cherokee authorities; of 1,OJ7 who were 'iadn~itted"b y Special Agent Wallace as entitled to participate in the per capita distribution, whose decision mas sustained by the evi-dence presented; of 13 whom he rejected, but from the evidence this office held should have been '1 admitted;" and of 21 persons known as "free colored" persons who mere in the country at the commencement of the rebellion and were then residents of the Cherokee Nation, and 'their descendants; making 3,216 persons who were, in the judgment of this oftice, from the evidence and facts presented in Special Agent Wal-lace's report and in plirsliance of the policy set forth in his plan of action, entitled to participate in the pajment. This schedule was approved by thenepartmeut November 21, 1890. At the same time a list of 130 names was presented, in which the evi. denee submitted was not in my judgment sufficient to entitle the claim-ants to participate in this fund. A copy of the apllroved scbedule and this list of 130 nameswere for warded December 19,1890, to Agent Bennett for further evidence. The claims of the persous represented on the questioned list" having been partially investigated by Agent Bennett, and other claimants (some of whom had been rejected by Mr. Wallace), having filed new evidence with ' him, a siipplemeutal schedule of said Cherokee freedmen, containiilg 102 names, a a s snl~n~ittetod xou June 25, 1891. Of these 87 had been on |