Gritts v. Fisher

Citations

• 37 D.C. App. 473

Syllabus

<p>Appeal and Ebrob; Restraining Obder Pending Appeal; Indians.</p> <p>1. During the pendency in this court of an appeal from a decree sustaining a demurrer to and dismissing a bill in equity by certain Indians against the Secretary of the Interior, to enjoin him from distributing tribal funds, an order was made by this court on the application of the appellants, restraining the appellee from distributing the funds until the appeal should be determined.</p> <p>2. Under the act of Congress of July 1, 1902 (32 Stat. at L. 716, chap. 1375) ; April 26, 1906 (34 Stat. at L. 137, chap. 1876); and June 21, 1906 (34 Stat. at L. 325, chap. 3504), relating to the lands and funds of the Cherokee tribe of Indians, the members of the tribe enrolled for allotment as of September 1, 1902, did not become the owners as tenants in common of the undivided community or tribal property to the exclusion of after-born members of the tribe; but control was retained by the Federal government in the property until such time as the enrolment of members should be complete,, and until final dissolution of the tribal government.</p>