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Show 82 REPORT OF THE COMMISSIONER OF INDIAN AFFAIRS. issue from the U. S. circuit court a t Asheville, N. G., on the 1 ~dtay of December, 1894, removing the defendants from the possession of the said "Qualla Boundary" of laud, or such of them as had not vacated the same at an earlier date. It was further agreed that no money should be paid to the defendants therein named, or their rep-resentatives. until any and all incumbrance^ on the respective tracts of land, such as jnilgmeut liens, mortgages, deeds in trust, purchase money, notes, etc., should have been paid off and fully discharged and canceled on the proper records; and until all unregistered bonds for title and other contracts to convey any of the said tracts of land should have been surrendered and canceled. This agreement having also received the approval of Judge Dick m d Mr. Donglass, the Attorney-General recommended that Congress confirm it and ma.ke the necessary appropriations to carry it into effect. In his report to Congress, February 24,1894, submitting t6ese two agreements of compromise in said suit, the Attorney-General stated tha t the amount required to carry them into execution, includir~gin ci-dental expenses, would. not exceed $68,000. In the deficiency appro-priation aet approved August 23, 1894 (Public, No. 202,p. 20), Con-p s ma de the following appropriation : EASTERBNLV D OP CAEROKIEIEN DIABFSor: this amo~~notr, 80 muqh thereof as may be necessary, to be expended under the direction of the Attorney General for the purpose of carrying into effect the two agreements of 'oomprt,mise in thetwo smite, respectively, of the Eastern Band of Cherokee Indieas vw8w William H. Thomas and others, and of the United States verswr Willi%m H. Thomas md others, both now pending in the United States circuit aourt for the western district of North Carolina, set forth in detail on pages seven, eight, end nine of Honse Exeon-tive Document Ntlmbered One hundred and twenty-eight, Fifty-third Congress, sec-ondeession, whioh agreements lure hereby confirmed, m d e by A. C, Avery, attarnex for & D. Gilmer, trustee and administrator of J. R. Love, and far the ceatui que trust for whiah ha holds, and as attorney for the heirs at law of W. H. Thomas, deoesaed, and George H. Srnathers, special assistant United States attorney, attorney for earnplainants, indorsed and approved January twentieth, eighteen hundred and ainetg-four, by R. B. Glenn, United States attorney, weaten? district North Caro-b, in the one suit, md George H. Smathera, special assistant United States attor-ney, wonunsel for oomplainants, and W. B. Ferguson and G. S. Ferguson, attorneys for defendants, in the other suit, to settle and quiet title to lands in QusUa Boond-ary, claimed by said Indians and more fully set forth in said agreement6 of eom-promise; to perfect the title to other lauds elsewhere in North Carolina to said Iodims; to pay attorneys' fees and expense8 in seouring said compromise and oar-wing the same into effeot; to pey the expensea of survey, preparing and executing deeds md recording the same, and any other expenses incident to oarrying asid agreements into effect, sixty-eight thousand dollar,s. Hoo~~cninr the opinion of the Attorney-General that these agree-mente of compromise will, when carried int.0 execution, seoure the a perfect title to the land inside of the Qualla Boundary and leave msettled only a comparatively unimportant controversy respect-ing oerhin tracts of land outside the boundary, which are now in the way ,of immediate settlement. |