David Josiah Brewer

“ Rep. 1000, is not an authority opposed to the views just expressed. In that case a judgment had been rendered by the court of commissioners of Alabama claims, in favor of certain claimants, and they had received a portion of such judgment. The amount of the gross fund due all claimants had been fixed in the statute, what should be deducted had been specifically declared, and it had also been explicitly provided that the balance which would necessarily result should be distributed to the judgment creditors. ”

“ There is nothing in the record in the way of finding, report, or letter tending to show what efforts the first agent made in respect to the matter of identification, what course he pursued or what steps he took, and in respect to the second agent all that is disclosed is that which appears in his report, which details at some length his various efforts to secure evidences of identification of different individuals. ”

“ Where a fund has been created, and the mode of distribution prescribed by the court which established the amount of the fund, its disposition in accordance with the course prescribed by the court must be held a finality, and in the case at bar any further relief must be obtained from Congress and cannot be given by the courts. ”

“ This sum was paid to the 'chiefs, head men, heads of families, and individuals without families' of the Indians in question, within the Mackinac agency, there being 230 persons falling within the classes above designated, each one of the distributees receiving an equal share; that is, $169.50. The money thus paid was receipted for as in full and complete satisfaction of all payments of every kind and nature, past, present, or future, in favor of the persons to whom the payment was made and those by them represented, against the United States or the Pottawatomie Nation of Indians. ”

“ After two years had passed without any evidence being furnished by individuals of their right to participate in the fund, Congress directed the Secretary of the Interior to appoint an agent to examine into the matter and prepare a proper roll or list. While such agent was acting, a protest was made by the counsel in one of those suits against the basis upon which he was preparing the roll. ”

“ The money was paid to the Indians as communal owners. That is to say, it was paid pro rata to every living member of that portion of the tribe entitled to participate in the fund, and not per stirpes.' The report of agent Shelby was made a part of the findings of the court. ”

“ Further, if there were really more beneficiaries entitled to share in this fund than those who actually received payment, those who were paid received each too much and should return the overplus; and the amount of that overplus would be constantly increased as in successive actions there were added further beneficiaries, for the distribution was, as stated, per capita,-a mode of distribution contended for by the petitioners. ”

“ In his report he said: 'I found these people very badly scattered, and as they do not frequent postoffices, the notices prepared for me to be posted in the various postoffices to give them notice of my coming were of but little value. ”

“ The report so made was accepted by the Secretary of the Interior as substantially correct, and the amount appropriated by Congress in satisfaction of the judgment of this court (28 Stat. at L. 450, chap. 307) , as well as other funds appropriated to pay the Indians upon treaties mentioned in the petitions in said suits (the sum paid being $118,554.52) , paid to the persons upon the roll made by Cadman, after adding thereto two names on the recommendation of Shelby in closing his report as persons mentioned on the census roll [by Inspector Cadman, but not found on the roll] of 1866. ”