Eastern and Western Cherokees: Hearings...on H.R. 10...

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Page 25 - that unlettered people " understood it, and " as justice and reason demand, In all cases where power is exerted by the strong over those to whom they owe care and protection," and counterpoise the inequality " by the superior justice which looks only to the substance of the right without regard to technical rules.
Page 10 - Official letters, papers, documents, and public records, or certified copies thereof, may be used in evidence, and the departments of the Government shall give...
Page 3 - to give the tribal lands to others, or to appropriate them to its own purposes, without rendering, or assuming an obligation to render, just compensation; * * * for that would "not be an exercise of guardianship, but an act of confiscation...
Page 5 - The Bureau of the Budget has advised me "that the enactment of the proposed legislation, either in its present form or if amended as suggested in your proposed report, would not be in accord with the program of the President.
Page 6 - ... such acts, and jurisdiction is hereby conferred upon the court of claims to hear and determine all claims against the state to recover damages for injuries to property or for personal injury caused by the misfeasance or negligence of the officers or employees of the state while acting as such officer or employee.
Page 10 - In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes in existing law...
Page 3 - In order to make a matter res judicata, there must be a concurrence of four conditions, namely : (1) identity in the thing sued for; (2) identity of the cause of action; (3) identity of persons, and of parties to the action; (4) identity of the quality in the persons for or against whom the claim is made.
Page 38 - Indians and without compensation therefor ; that from the decision of the Court of Claims in any suit or suits prosecuted under the authority of this Act an appeal may be taken by either party, as in other cases, to the Supreme Court of the United States.
Page 10 - SEC. 2. Any and all claims against the United States within the purview of this Act shall be forever barred unless suit be instituted or petition filed as herein provided in the Court of Claims within five years from the date of approval of this Act, and such suit shall make the Cherokee Nation party plaintiff and the United States party defendant. The petition shall be verified by the attorney or attorneys...
Page 11 - Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Court of Claims is hereby authorized to take jurisdiction of and try all questions of difference arising out of treaty stipulations with the said Pottawatomie Indians of Michigan and Indiana...

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