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Cherokee Nation v. Whitmire, 223 U.S. 108 (1912)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Cherokee Nation v. Whitmire, 223 U.S. 108 (1912)
Cherokee Nation v. Whitmire No. 735 Argued January 9, 10, 1912 Decided January 29, 1912 223 U.S. 108
APPEAL FROM THE COURT OF CLAIMS
Syllabus
As after a decree of the Court of Claims in favor of the petitioner an act of Congress was passed, and the court made another decree granting the same relief, the second decree was a decision upon the effect of the subsequent legislation, and an appeal lies therefrom if taken within the time prescribed by law.
Held that, under the circumstances of this case and the proceedings taken thereon, appellants’ appeal was taken in time.
Lowe v. Fisher, ante, p. 95, followed as to the construction of the Cherokee Treaty of August 11, 1866, and as to the freedmen of the Cherokees and their descendants entitled to be enrolled as citizens and the power of Congress thereover, and that the Secretary of the Interior had the power, after notice and opportunity to be heard, to strike from the rolls names which had been improperly placed thereon through mistake or fraud.
44 Ct.Cl. 453 reversed.
The facts, which involve the construction of the various treaties, acts of Congress and decisions of the Court of Claims in regard to the rights of Cherokee freedmen and their descendants to share in the distribution of tribal property, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Cherokee Nation v. Whitmire, 223 U.S. 108 (1912) in 223 U.S. 108 223 U.S. 109. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=AN54Q8F4NNECMME.
MLA: U.S. Supreme Court. "Syllabus." Cherokee Nation v. Whitmire, 223 U.S. 108 (1912), in 223 U.S. 108, page 223 U.S. 109. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=AN54Q8F4NNECMME.
Harvard: U.S. Supreme Court, 'Syllabus' in Cherokee Nation v. Whitmire, 223 U.S. 108 (1912). cited in 1912, 223 U.S. 108, pp.223 U.S. 109. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=AN54Q8F4NNECMME.
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