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DELAWARE INDIANS v. CHEROKEE NATION

No. 240.

193 U.S. 127 (1904)

24 S.Ct. 342

48 L.Ed. 646

DELAWARE INDIANS v. CHEROKEE NATION.

Supreme Court of United States.

Decided February 23, 1904.

Attorney(s) appearing for the Case

Mr. Walter S. Logan, with whom Mr. Charles M. Demond was on the brief, for appellants.

Mr. John J. Hemphill and Mr. William T. Hutchings for respondents.

MR. JUSTICE DAY delivered the opinion of the court.

On June 28, 1898, the Congress of the United States passed an act entitled "An act for the protection of the people of the Indian Territory and other purposes." 30 Stat. 495. By the twenty-fifth section of the act it is provided:

"That before any allotment shall be made of lands in the Cherokee Nation, there shall be segregated therefrom by the commission heretofore mentioned, in separate allotments or otherwise...

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