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Show 92 REPORT OF THE OOMMISSIONER OF INDIAN AFFAIRS. unable to meet his payments. The matter coming up before the Assistant Attorney-General, where it had been referred for a hearing, counsel for both Smith and Boyd submitted arguments or briefs in behalf of their respective clients, when Judge Hall gave it as his opinion, if either contract was to be approved, it should be the Smith cootract. The matter was not finally disposed of until July 25,1894, when the Department declined to approve either co~~tracat,n d the parties in interest were so informed. August 13,1894, Messrs. Dickson and Mason, of Mattoon, Ill., advised this office that they had purchased from the said Boyd the timber on the Cathcart tract for $25,000, and proposed to commence cutting the timber at an early day. They were promptly notified of the status of the Boyd contract and warned not to enter the Cathcart tract for the purpose of cutting timber. The Department was duly notified August 23 of this threatened trespass, andrecommendation was made that the facts be laid before tho Attorney-General at once, with request that he direct the district attorney for the western district of North Carolina to institute such proceedings, under the law, as would prevent the cut-ting of said timber as soon as he was notified that the cutting had commenced. The Department of Justice, on the 30th of August, 1894, notified this office that instructions had been issued as requested. It appeared afterwards that Messrs. Dickson and Mason had been unwittingly drawn into this purchase in January, 1894, and that when they learned the true situation of Mr. Boyd's pretended claim to this timber they required cf hm an indemnifying bond against loss for money paid, eto., should the Government fail to confirm tho sale of the timber to him, and should they be hindered and stopped from manufacturing it into lumber. They did not desire to come in conflict with the Govern. ment upon such au issue, but mere compelled by Mr. Boyd, who had given the indemnifying bond, to proceed to carry their contract into effect. Messrs. Dickson and Mason, on the 29th of August, notifled this office that they expected to commence cutting operations on the Cath-cart tract September 10,1894, which iuformatiorl was submitted to the Department September 1, 1894, with the recommendation that the Departlnent of Justice be apprised thereof, in order that legal steps might be taken at once to suppress the cutting and to remove the tres-passers from the land, prompt action being imperative if the Govern-ment intended to exercise any control or supervision over the lands of the Eastern Cherokees. September 18, Superintendent Potter telegraphed as follows: Boyd began o~rtting timber to-day on Cathcart tract. Mason ;and Dickson here. Will be obliged to oontinoe work unless Boyd is stopped. Have wired Glenn. This information was forwarded to the Department, with recommen-dation that the Attorney-General be advised of the actual cutting of the timber, as had been anticipated, in order that he might telegraph |