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Show in addition to their inherited 160 acres, were entitled to share equally with the Cherokees in such lands of that nation as should remain after deducting the 157,600 acres of Delaware land. By the act of June 28,1898, the Delawares were authorized to bring suit in the Court of Claims against the Cherokee Nation " for the pur-pose of determining the rights of said Delawa.re Indians in and to tho lands and funds of said nation " under their purchase. The Cherokees contended that only the registered Delawares who were living at the time allotments were made were entitled to 160 acres of land each; that the descendants of registered Delawares were entitled to share equally with the Cherokees; and that the lands which would have been allotted to registered Delawares if living did not deseend to their heirs but reverted to the Cherokee Nation. The Court of Claims sustained the contention of the Cherokee Nation and the Supreme Court of the United States, on February 28, 1904, affirmed the decision of the Court of Claims and decided against the contention of the Delaware Indians. The Supreme Court found that the registered Delawares living at the date of its decree were each entitled to 160 acres of land, and that the descendants of regis-tered Delawares have the right to share equally with the Cherokees in the distribution of the remainder of the Cherokee estate. Registered Delawares are those whose names are on a roll prepared in 1867, by John G. Pratt, agent of the Delawares, being those who elected to remove from Kansas to the Cherokee Nation, Indian Terri-tory. At the time of removal there were 985 registered Delawares of whom there were 212 survivors at the commencement of the suit. The act of April 21, 1904, appropriated $150,000 to be paid to the Delawares in lieu of all their claims and demands against the United States, and as a band in council assembled they accepted that amount. Attorney fees amounting to $37,200 were deducted from the amount appropriated, and the remainder, $112,800, will be paid at an early date to the Delaware Indians entitled to it. All suits instituted by the Delaware Indians against the United States have, as required by the act, been dismissed. Improvements on surplus lands.-By the ad of April 21, 1904, the Delaware Indians were authorized to sell, within six months from the date of the passage of the act, the .improvements upon their sur-plus lands to other citizens of the Cherokee Nation entitled to select allotments at a valuation to be approved by an official to be desig-nated by the President for that purpose." The President, on May 11: 1904, designated the Indian agent, J. Blair Shoenfelt, as the o5cial to approve the valuation of such improvements, and June 1,1904, the Department prescribed regulations to carry into effect the provisions of the act. |
