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CHEROKEE NATION V. WHITMIRE, 223 U. S. 108 (1912)

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U.S. Supreme Court

Cherokee Nation v. Whitmire, 223 U.S. 108 (1912)

Cherokee Nation v. Whitmire

No. 735

Argued January 9, 10, 1912

Decided January 29, 1912

223 U.S. 108

Syllabus

As after a decree of the Court of Claims in favor of the petitioner an act of Congress was passed, and the court made another decree granting the same relief, the second decree was a decision upon the effect of the subsequent legislation, and an appeal lies therefrom if taken within the time prescribed by law.

Held that, under the circumstances of this case and the proceedings taken thereon, appellants' appeal was taken in time.

Lowe v. Fisher, ante, p. 223 U. S. 95, followed as to the construction of the Cherokee Treaty of August 11, 1866, and as to the freedmen of the Cherokees and their descendants entitled to be enrolled as citizens and the power of Congress thereover, and that the Secretary of the Interior had the power, after notice and opportunity to be heard, to strike from the rolls names which had been improperly placed thereon through mistake or fraud.

44 Ct.Cl. 453 reversed.

The facts, which involve the construction of the various treaties, acts of Congress and decisions of the Court of Claims in regard to the rights of Cherokee freedmen and their descendants to share in the distribution of tribal property, are stated in the opinion. chanroblesvirtualawlibrary

Page 223 U. S. 109





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