720 Reporter's Statement of the Case amount to pay the Delawares and Shawnees their pro rata share in the proceeds of said outlet shall remain in the Treasury of the United States until the status of said Delaware and Shawnee Indians shall be determined by the courts of the United States before which their suits are now pending; and a sufficient amount shall also be retained in the Treasury to pay the freedmen who are citizens of the Cherokee Nations or their legal heirs and representatives such sums as may be determined by the courts of the United States to be due them. The Act of March 2, 1895, 28 Stat. 876, 894, appropriated $1,660,000, for the first installment of the deferred payments due March 4, 1895, as provided by the Act of March 3, 1893. The provision making the appropriation read as follows: For the payment of the first installment due on the fourth day of March eighteen hundred and ninety-five to the Cherokee Nation, under the provisions of the Act of March third, eighteen hundred and ninety-three, for the purchase of the "Cherokee Outlet", the sum of one million six hundred and sixty thousand dollars: Provided, That said sum shall be held subject to the payment of the Delaware and Shawnee Indians and the Cherokee Freedmen as provided by the tenth section of said Act to be available immediately after March fourth, eighteen hundred and ninety-five. The installment of $1,660,000, referred to in the above Act, was deposited in the United States Treasury on March 4, 1895, to the credit of the Cherokee Nation for payment to the Delawares, Shawnees and Freedmen and interest thereon was terminated on that date. The amount so deposited was disbursed to the Delawares, Shawnees and Freedmen over the period April 9, 1895, to May 9, 1921, approximately 98 percent of it being paid within the first five years. Interest on the installment payment of $1,660,000 was computed by the United States at 4 percent from March 3, 1893, to March 4, 1895, and paid to the Cherokee Nation, but no interest was computed by the United States or paid to the Cherokee Nation on that amount after March 4, 1895. 19. During the period from December 31, 1896, to May 5, 1904, the Secretary of the Interior made a per capita payment of $185.57 to each of the Shawnees and distributed a total Reporter's Statement of the Case 102 C. Cls. of $153,281.11. The expenses of the per capita payment were $28.55. During the period from March 31, 1897, to July 9, 1908, the Secretary of the Interior made a per capita payment of $188.75 to each of the Freedmen and distributed a total of $835,010.21. The expenses of the per capita payment were $2,152.66. The total expenses of $2,181.21 were charged to the fund of $1,660,000 appropriated by the Act of March 2, 1895, for payment of the claims of the Delaware and Shawnee Indians and the Cherokee Freedmen. See finding 18. No expenses were charged for the distribution of $174,074.44 to the Delawares. The expenses of per capita payments were disbursed as follows: 20. October 19, 1888, there was approved an Act of Congress, 25 Stat. 608, 609, reading in part as follows: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be, and hereby is appropriated, out of any money in the Treasury not otherwise appropriated, the sum of seventy-five thousand dollars, or so much thereof as may be necessary, to carry out the provisions of this act; and the amount actually expended shall be charged against the Cherokee Nation, on account of its lands west of the Arkansas River, and shall be a lien on said lands, and which shall be deducted from any payment hereafter made on account of said lands. The said sum, or so much thereof as may be necessary, shall be by the Secretary of the Interior distributed per capita, first, among such freedmen and their descendants as are mentioned in the ninth article of the treaty of July nineteenth, eighteen hundred 720 Reporter's Statement of the Case and sixty-six, between the United States and the Cherokee Nation of Indians; second, among the Delaware tribe of Indians incorporated into the Cherokee Nation by the terms of a certain agreement entered into between said Cherokee Nation and Delaware Indians, under the provisions of the fifteenth article of the aforesaid treaty, on the eighth day of April, eighteen hundred and sixtyseven, and approved, respectively, by the President of the United States and the Secretary of the Interior on the eleventh day of April, eighteen hundred and sixtyseven; and, third, among the Shawnee tribe of Indians incorporated into the Cherokee Nation by the terms of a certain agreement entered into between the said Cherokee Nation and Shawnee Indians, under the provisions of the aforesaid article and treaty, on the seventh day of June, eighteen hundred and sixty-nine, and approved, respectively, by the President of the United States and the Secretary of the Interior on the ninth day of June, eighteen hundred and sixty-nine, in such manner and in such amount or amounts as will equalize the per capita payment made to Cherokees by blood in accordance with the act of the Cherokee legislature aforesaid, out of the sum of three hundred thousand dollars appropriated by the act of March third, eighteen hundred and eightythree, aforesaid. Approved, October 19, 1888. The sum of $75,000 was applied to the payment by the United States for the cession of the Cherokee Outlet. Subsequently per capita payments of $15.50 were made to the Freedmen, Delawares, and Shawnees amounting to a total of $71,858, as follows: The balance, $3,142, was returned to the United States Treasury as Surplus on June 30, 1923, on Surplus Warrant No. 88. The last per capita payment was made March 17, 1906. 21. The following statement shows various disbursements which were charged against Trust Funds of the Cherokee Nation and which plaintiff contends were improper: 720 Reporter's Statement of the Case 22. The following disbursements were made by the United States from interest due on trust funds of the Cherokee Nation which the plaintiff claims were unlawful: In addition, certain other expenditures were made by the United States from the interest due on these trust funds which plaintiff claims were unlawful: |