Relief of the Heirs of the Eastern Cherokee Indians volume 1
Relief of the Heirs of the Eastern Cherokee Indians volume 1
United States Congress House Committee On India
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Judge, can you see any escape from the fact that — - isn't this an appeal from the decision of the court? Mr. Tillman. It is somewhat in that category, I guess. Mr. Dempsey. It is legislating to override the decision of the court. Mr. Tillman. Going into another forum to establish their con- tention. ^Ir. Smith. Now, if I might add this one word on the point you mentioned, there is one answer to the decision of the Supreme Court. There is one line of decisions that was not brought to their atte...n- tion, which they did not consider and did not mention. That is the lina which you gentlemen are all familiar with, the line that laches can not be imputed to a tribal Indian. Now, on that question, as you know, there have been plenty of decisions. We have cited decisions in our brief, and we argue that question. That is one of the points presented. Mr. Dempsey. Can we presume, as a committee of the House of Kepresentatives, that the Supreme Court has overlooked a controlling decision ? That would be the only ground upon which we could say that this was not an appeal from the decision of the Supreme Court, that the Supreme Court had overlooked a certain line of decisions.
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