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Show I COMMIBSIONER OF INDIAN AFFAEEI. 105 tribal anthoritiw, thereunto duly and specifically auhorized by the tribe, ~ h hadve signed a writing stating that such payment is in full of all claims and demands of every name and nature of said Delaware Indians against the United States, which writing shall he subject to the approval of the President of the United States, and shall have provided for the discontinuance of all actions pending in all courts wherein said Delaware Ind- are plaintiff and the United States defendants. July 18,1904, the Delaware Indians residing in the Cherokee Nation passed a resolution authorizing their "attorneys in fact or either of them" to dismiss by proper motion or stipulation "all actions or suits . pending in any courts wherein said Delaware Indians are plaintiffs and the United States are defendants, the said Delaware Indians expressly consenting to such dismissal of such suits or actions," and the council decided to accept the $150,000 appropriated in lieu of all claims and demands of the Delaware Indians against the United States. In the last paragraph of the resolution the wish is expressed that Agent Shoenfelt prepare a roll of theDelawares entitled to participate in the per capita distribution of the fund mentioned, and pay the same to the individuals entitled. The OEce is unadvised as to the nature of the action taken concerning the dismissal of the suits instituted against the Government. Citizens of the Cherokee Nation of Delaware blood have heretofore maintained that as a tribe or band they purchased from the Cherokee Nation, in 1867, 157,600 acres of land,. and were consequently the owners of improvements upon a greater area of land than they will be entitled to as allotments under the terms of the decision of the Supreme Court before mentioned. The act of April 21, 1904, pro-vides: That the Delaware-Cherokee citizens who have mndeimprovemeuts, or areinrighb ful p e o n of such improvements, in the Cherokee Nation at the time of-the pas-sage of this act shall have the right to first select fromsaidimproved landstheirallob menis, and thereafter for s period of six months shall have the right to sell the improvements upon their surplus holdings of lands to other citizens of the Cherokee Nation entitled to select allotments at a valuation to be approved by an official to he designated by the President for that purpone; and the vendor sMl have a lien upon . the rents and profits of the land upon which the improvements are located for the purchase money remaining unpaid; and the vendor shall have the right to enforce auch lien in any wurt of competent jurisdiction. Thevendor may, however, elect to take and retain the possession of the land at e fair cash rental, to be approved by the o5eial, so as aforesaid dwignafed, until such rental shall be sufficient to satisfy the unpaid purchase price, and when the purchase price is fully paid he shdl forthwith deliver possession of the land to the purchaser: Provided, hmever, That any crops then growing on the land hall he and remdn the propertyof the vendor, and hemsy have xeess to the land so long as may be necessary to cultivate and gather auch mowins erous. Anv mch nurebaser shall without unreasonable delsvapulv to select I - . . .. . a an allotment the land up11 which the impwveneuts purrhawd by himare Ic~cated, and shall eubrnit with his aadication satisiactow proof that he has i n d f s i t h ~ u r - |