Page:Federal Reporter, 1st Series, Volume 9.djvu/31

16 federal beporteb. �Ebctoh's Case. �{Gireuit Court, B. Arkansoe. July, 1881.) �1. AcT op Maech 3, 1877— Effkct to bb Given to the Decision of th2: Com- �MlgSIOKBES. �The decision of the commissioners, appointed under the provisions of the act of congress of March 3, 1877, entitled "An act in relation to the Hot Springs reservation in Arkansas," is in the nature of a final adjudication, and oue bind- ing upon the parties, so far as it pertains to matters specilied in the act. �McCeaey, C. J. Two questions have been discussed by counsel in this case, to-wit : First. Whether the decision of the cominissioners appointed under the provisions of the act of Congress of March 3, 1877, entitled "An act in relation to the Hot Springs reservation in Arkansas," upon questions of law and fact submitted to them, in acoordance with the terms of the act, is in the nature of a final adjudi- cation, and conclusive upon the parties. Second. Whether, assum- ing that this court may pass upon the correctness of the decisions of that commission, the same ought, upon the merits, to be declared erroneous and set aside. �The act of March 3, 1877, deal -with the Hot Springs reservation as a part of the public lands of the United States, but at the same time it provided, as we shall see, for ascertaining and protecting the right of occupants and claimants with respect to improvements. The act provided for the appointment, by the president, of three discreet, competent, and disinterested persons, who shall constitute a board of commissioners, with authority to perform and discharge the duties specified by the act. The commissioners were required to take and subscribe the usual oath for civil officers, to sit at the springs, to give notices of their meetings, and to organize by electing one of their number as chairman. The fifth and sixth sections of said act are as f ollows : �"Sec. 5. That it shall be the duties of said comolissioners to show, by metes and bounds on the maps herein provided for, the parcels or tracts of lands claimed by reason of improvements made thereon, or occupied by each and every such claimant and occupant on said reservation ; to hear any and all proof ofEered by such claimants and occupants, and the United States, in respect to said lands, and in respect to the improvements thereon; and to flnally determine the right of each claimant or occupant to purchase the same, or any portion thereof, at the appraised value, which shall be fixed by said commis- sioners: provided, hovvever, that such claimants and occupants shall file their claims, under the provisions of this act, before said commissioners, within six «alendar months after the flrst sitting of the said board of commissioners, or ��� �