Joseph McKenna

“ The court decreed that the Cherokee Nation and the United States be prohibited from making any discrimination between such freedmen citizens and their descendants and native Cherokees in the distribution of a fund of $8,595,736 paid by the United States to the Cherokee Nation for that portion of its territory known as the 'Cherokee Outlet.'
The court conceived it necessary to ascertain the individual Indians who were entitled under its decree to share in the fund, and adjudged that the roll called the 'Wallace Roll,' which showed 3,524 persons, should be approved by the court. ”

“ By virtue of that legislation the Dawes Commission, which had been created before the decree of February 3, 1896, proceeded to make up rolls, which were finally approved by the Secretary on March 4, 1907, from which were excluded a large number of freedmen whose names were on the Kern-Clifton roll, with the consequence that such persons so excluded will receive no allotments of lands or share in the moneys which stand to the credit of the Cherokee Nation in the Treasury of the United States. ”

“ The rules of the court of claims, made under regulations prescribed by this court, provided for further action to perfect the right acquired by the party, which was made necessary by certain statutes under which only questions of law could be brought here for review. ”