Eastern Cherokees v. United States

Background

This dispute involved the Cherokee Nation, a group called the Eastern Cherokees, and the United States. The parties litigated a money claim under old treaties, composed of four items; one item (item 2) was listed as $1,111,284.70 plus interest. The Cherokee Nation sued and had contracted on January 16, 1903, to pay lawyers from any recovery under a specified percentage arrangement. The Court of Claims awarded recovery and said item 2 should be paid for the benefit of the Eastern Cherokees, and this court earlier affirmed that decree with a modification limiting who would share the payments.

Reasoning

The key question was whether the Cherokee Nation could be the named claimant and whether the Nation’s contracted attorneys could lawfully be paid out of the money recovered for Eastern Cherokees. The original decree had directed that counsel fees payable under the Nation’s contract be deducted from item 2, and this court’s earlier affirmance left that construction in place. After Treasury officers certified and paid the Nation’s lawyers their contracted share (including a deduction of $147,527.01 from item 2), the Eastern Cherokees sought to reopen the case and stop that payment. The Court of Claims dismissed the supplemental petition, explaining that the matter had already been decided and could not be changed after this court’s prior decision; this court affirmed that dismissal.

Real world impact

The result enforces the earlier decree and allows the Nation’s contracted lawyers to be paid from the recovered fund where the decree and contract permit. Beneficiaries who receive per capita distributions will see those sums reduced when valid contract fees are certified and paid. The decision also confirms that a court decree affirmed on appeal generally cannot be altered later to undo such payments.