23 Stat., 254. for the service of the fiscal year 1920 and prior years, unless otherwise stated, and which have been certified to Congress under section 2 of the Act of July 7, 1884, as fully set forth in House Document Numbered 574, reported to Congress at its present session, there is appropriated as follows: Interior Department. Audited claims. Payment of, certified Office. 110. DEPARTMENT OF THE INTERIOR. For increase of compensation, Indian Service, $514.67. For industrial work and care of timber, $33.90. For purchase and transportation of Indian supplies, $278.10. For support of Indians in California, $9.45. For Indian School, Fort Bidwell, California, $88.32. For Indian School, Riverside, California, $102.29. For Indian School, Lawrence, Kansas, $12.54. For Indian School, Wahpeton, North Dakota, $2.25. For agency buildings, and equipment, Fort Berthold Reservation, North Dakota, $93.15. For administration of affairs of Five Civilized Tribes, Oklahoma, 10 cents. For diversion dam and distribution and drainage system, Yakima For support of Chippewas of Lake Superior, Wisconsin, $11.90. AUDITED CLAIMS. SEC. 3. That for the payment of the following claims, certified to by General Accounting be due by the General Accounting Office under appropriations the 42 Stat., 23; 18 Stat., balances of which have been exhausted or carried to the surplus fund under the provisions of section 5 of the Act of June 20, 1874, and under appropriations heretofore treated as permanent, being for the service of the fiscal year 1920 and prior years unless otherwise stated, and which have been certified to Congress under section 2 of the Act of July 7, 1884, as fully set forth in Senate Document Numbered 313, reported to Congress at its present session, there is appropriated as follows: 23 Stat., 254. Interior Department March 4, 1923. [S. 4544.] 42 Stat., 1561. DEPARTMENT OF THE INTERIOR. For increase of compensation, Indian Service, $24. For purchase and transportation of Indian supplies, $55.09. Approved, March 4, 1923. CHAP. 297.-An Act To authorize the extension of the period of restriction against alienation on surplus lands allotted to minor members of the Kansas or Kaw Tribe of Indians in Oklahoma. Be it enacted by the Senate and House of Representatives of the Kansas Indians, Ok- United States of America in Congress assembled, That the period of Alienation restriction restriction against alienation on surplus lands allotted to minor on allotments to minors members of the Kansas or Kaw Tribe of Indians in Oklahoma, lahoma. continued for 25 years. under the provisions of the agreement with said tribe of Indians as ratified and confirmed by the Act of Congress of July 1, 1902 (Thirty-second Statutes at Large, page 636), be, and is hereby, extended for a period of twenty-five years from the date of the approval of this Act in all cases where the allottees have not reached the age of majority. 1 1 Approved, March 4, 1923. 32 Stat., 636, vol. 1, 766. PRIVATE ACTS OF THE SIXTY-SEVENTH CONGRESS, FOURTH CHAP. 61.-An Act For the relief of Lucy Paradis. February 6, 1923. [S. 2210.] 42 Stat., 1768. Claim of, for horses River Indian Reserva Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That jurisdiction Lucy Paradis. be, and hereby is, conferred upon the Court of Claims to hear, de- destroyed on Cheyenne termine, and render final judgment upon the claim of Lucy Paradis tion, S. Dak., referred for horses belonging to her and killed and destroyed upon the Chey- to Court of Claims. enne River Indian Reservation, or elsewhere, in the State of South Dakota, by the Indian agent in charge of said Cheyenne River Indian Reservation and other persons under his authority, with right of appeal as in other cases. That a petition may be filed by the attorneys of the said Lucy Time for filing, etc. Paradis in said court within six months from the approval of this Act, and service of said petition shall be had by filing copies thereof with the Attorney General and the Secretary of the Interior, and answer thereto shall be filed in said court within sixty days after the service of the petition. The court may receive and consider all papers, depositions, records, Evidence to be concorrespondence, and documents heretofore filed in the executive sidered. departments of the Government together with any other evidence offered, and shall render a judgment or decree thereon for such amount, if any, without interest, if any, as the court shall find legally or equitably due the said Lucy Paradis. Said cause shall be advanced on the calendar of said court, and the Advancement of amount for which judgment may be rendered, when paid to the party cause, etc. named in said judgment or her duly authorized and accredited attorney, shall be received in full and final settlement of the claim for said unlawful destruction of said horses." Approved, February 6, 1923. CHAP. 64.-An Act To reimburse the Navajo Timber Company, of Delaware, for a deposit made to cover the purchase of timber. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay to the Navajo Timber Company, of Delaware, out of any moneys in the Treasury of the United States standing to the credit of the fund "Indian moneys, proceeds of labor, Fort Apache Indians," the sum of $4,904.10, the same to be a reimbursement for a deposit made by said Navajo Timber Company with the Commissioner of Indian Affairs of the United States on October 15, 1913, to accompany a bid for the purchase of certain timber on the Apache and Sitgreaves National Forests, Arizona, and on the Fort Apache Indian Reservation, Arizona. Approved, February 8, 1923. 135 Opp. Atty. Gen'l., 439. 60 Ct. Cl., 908. March 2, 1923. [H. R. 2702.] 42 Stat., 1785. J. W. Glidden and E. F. Hobbs. January 25, 1924. [H. R. 185.] 43 Stat.,1. Chippewa Indians of Minnesota. from principal fund to tribal members. 25 Stat., 642, vol. 1, 301. CHAP. 197.-An Act For the relief of J. W. Glidden and E. F. Hobbs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be paid, Out of any money in the Treasury not otherwise appropriated, the sum of $267.32 to J. W. Glidden and E. F. Hobbs, of Lawrence, Kansas, to reimburse them for money necessarily expended in connection with their contract with the Government for the improvement of Huron Cemetery, an Indian reservation in Kansas City, Kansas, in defending their interests in suits brought by the Connelley sisters, Indian wards of the Government, to prevent them from carrying out their contract with the United States Government in improving the Huron Cemetery in Kansas City, Kansas. Approved, March 2, 1923. PUBLIC ACTS OF THE SIXTY-EIGHTH CONGRESS, FIRST CHAP. 2.-An Act Providing for a per capita payment of $100 to each enrolled member of the Chippewa Tribe of Minnesota from the funds standing to their credit in the Treasury of the United States. Be it enacted by the Senate and House of Represenatives of the United States of America in Congress assembled, That the Secretary of the Per capita payment Interior be, and he is hereby, authorized to withdraw from the Treasury of the United States so much as may be necessary of the principal fund on deposit to the credit of the Chippewa Indians in the State of Minnesota, arising under section 7 of the Act of January 14, 1889 (Twenty-fifth Statutes at Large, 642), entitled "An Act for the relief and civilization of the Chippewa Indians in the State of Minnesota," and to make therefrom a per capita payment or distribution of $100 to each enrolled member of the tribe, under such rules and regulations as the said Secretary may prescribe: Acceptance by tribe. Provided, That before any payment is made hereunder the Chippewa Indians of Minnesota shall, in such manner as may be prescribed Not subject to any by the Secretary of the Interior, ratify the provisions of this Act and accept same: Provided further, That the money paid to the Indians as authorized herein shall not be subject to any lien or claim of attorneys or other parties. Provisos. lien. Approved, January 25, 1924. March 13, 1924. [H. R. 3444.] 43 Stat., 21. Indians in Montana, ton. tribes of, for lands Claims. CHAP. 54.-An Act For the relief of certain nations or tribes of Indians in Be it enacted by the Senate and House of Represenatives of the United Idaho, and Washing States of America in Congress assembled, That jurisdiction is hereby Claims of designated Conferred upon the Court of Claims, with right of appeal to the taken, etc., to be deter Supreme Court of the United States, to consider and determine mined by Court of all legal and equitable claims against the United States of the Blackfeet, Blood, Piegan, and Gros Ventre Nations or Tribes of Indians, residing upon the Blackfeet and Fort Belknap Indian Reservations, in the State of Montana; and the Flathead, Kootenais, and Upper Pend d'Oreilles Nations or Tribes of Indians, residing upon the Flathead Indian Reservation, in the State of Montana; and the Nez Perce Nation or Tribe of Indians, residing upon the Lapwai Indian Reservation, in the State of Idaho; and upon the Colville Indian Reservation, in the State of Washington, for lands or 11 Stat., 657, vel 2, hunting rights claimed to be existing in all said nations or tribes of Indians by virtue of the treaty of October 17, 1855 (Eleventh 736. See Act approved February 20, 1929 (45 Stat.) Statutes at Large, page 657, and the following), and in said Flathead, Kootenais, and Upper Pend d'Oreilles Nations or Tribes of Indians by virtue of the treaty of July 16, 1855 (Twelfth Statutes at Large, page 975, and the following), with said Indians, and all claims arising directly therefrom, which lands and hunting rights are alleged to have been taken from the said Indians by the United States, and also any legal or equitable defenses, sets-off, or counterclaims including, gratuities, which the United States may have against the said nations or tribes, and to enter judgment thereon, all claims and defenses to be considered without regard to lapse of time; and the final judgment and satisfaction thereof shall be in full settlement of all said claims. 12 Stat., 975, vol. 2, 722. Time for filing suits. Parties, etc. That suits under this Act shall be begun by the filing of a petition within two years of the date of the approval of this Act, to be verified by the attorney or attorneys selected by the claimant Indians, with the approval of the Secretary of the Interior, employed under contracts executed and approved in accordance with existing law. The claimant Indians shall be parties plaintiff and the United States shall be party defendant, and such suits shall on motion of either party Compensation to at be advanced on the docket of the Court of Claims and of the torneys limited. Supreme Court of the United States. The compensation to be paid the attorneys for the claimant Indians shall be determined by the Court of Claims in accordance with terms of the said approved contracts and shall be paid out of any sum or sums found and adjudged to be due said Indians: But in no event shall said compensation exceed 10 per centum of the amount of the respective judgments, Proviso. nor exceed $25,000 for the Indians residing on each respective reserva- Perces. tion: Provided, however, That said compensation shall not exceed $25,000 for the Nez Perce Nation or Tribe of Indians residing on both the Lapwai and Colville Indian Reservations, nor exceed 10 per centum of the amount of any judgments rendered in favor of said Nez Perce Nation or Tribe, said compensation to be exclusive of all Judgments placed to actual and necessary expenses in prosecuting said suits. balance of any such judgments shall be placed in the Treasury of the United States to the credit of the Indians entitled thereto and draw interest at the rate of 4 per centum per annum.' Approved, March 13, 1924. The CHAP. 70.-An Act Conferring jurisdiction upon the Court of Claims to hear, examine, adjudicate, and enter judgment in any claims which the Cherokee Indians may have against the United States, and for other purposes. Attorney for Nez credit of Indians. March 19, 1924. [H. R. 4457.) 43 Stat., 27. Claims of, against adjudicated by Court Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That jurisdiction Cherokee Indians. be, and is hereby, conferred upon the Court of Claims, notwith- United States to be standing the lapse of time or statutes of limitation, to hear, examine, of Claims and adjudicate and render judgment in any and all legal and equitable claims arising under or growing out of any treaty or agreement between the United States and the Cherokee Indian Nation or Tribe, or arising under or growing out of any Act of Congress in relation to Indian affairs, which said Cherokee Nation or Tribe may have against the United States, which claims have not heretofore been determined and adjudicated on their merits by the Court of Claims or the Supreme Court of the United States. SEC. 2. Any and all claims against the United States within the Time for filing. purview of this Act shall be forever barred unless suit be instituted or petition filed as herein provided in the Court of Claims within five years from the date of approval of this Act, and such suit shall make the Cherokee Nation party plaintiff and the United States 1 Ct. Cl. Docket No. E-427. Procedure. party defendant. The petition shall be verified by the attorney or attorneys employed to prosecute such claim or claims under contract with the Cherokees approved by the Commissioner of Indian Affairs and the Secretary of the Interior; and said contract shall be executed in their behalf by a committee chosen by them under the direction and approval of the Commissioner of Indian Affairs and the SecreEvidence admitted. tary of the Interior. Official letters, papers, documents, and records, or certified copies thereof, may be used in evidence, and the departments of the Government shall give access to the attorney or attorneys of said Indian nation to such treaties, papers, correspondence, or records as may be needed by the attorney or attorneys of said Indian nation. Counterclaims. Appeal to Supreme Court. Attorney's fees, etc., by court decree. Proviso. Issue of orders and process. Appearance of Attorney General directed. 1924. April 2, 1924. [H. R. 7449.] 43 Stat., 33. SEC. 3. In said suit the court shall also hear, examine, consider, and adjudicate any claims which the United States may have against said Indian nation, but any payment which may have been made by the United States upon any claim against the United States shall not operate as an estoppel, but may be pleaded as an offset in such suit. SEC. 4. That from the decision of the Court of Claims in any suit prosecuted under the authority of this Act, an appeal may be taken by either party as in other cases to the Supreme Court of the United States. SEC. 5. That upon the final determination of any suit instituted under this Act, the Court of Claims shall decree such amount or amounts as it may find reasonable to be paid the attorney or attorneys so employed by said Indian nation for the services and expenses of said attorneys rendered or incurred prior or subsequent to the date of approval of this Act: Provided, That in no case shall the aggregate amounts decreed by said Court of Claims for fees be in excess of the amount or amounts stipulated in the contract of employment, or in excess of a sum equal to 10 per centum of the amount of recovery against the United States. SEC. 6. The Court of Claims shall have full authority by proper orders and process to bring in and make parties to such suit any or all persons deemed by it necessary or proper to the final determination of the matters in controversy. SEC. 7. A copy of the petition shall, in such case, be served upon the Attorney General of the United States, and he, or some attorney from the Department of Justice to be designated by him, is hereby directed to appear and defend the interests of the United States in such case.1 Approved, March 19, 1924. CHAP. 81. An Act Making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1924, and prior fiscal years, to provide supplemental appropriations for the fiscal year ending June 30, 1924, and for other purposes. Be it enacted by the Senate and House of Representatives of the First Deficiency Act, United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1924, and prior fiscal years, to provide supplemental appropriations for the fiscal year ending June 30, 1924, and for other purposes, namely: 1 Ct. Cl. Docket No. H-47; Docket No. J-8; J-231; see act approved February 19, 1929 (45 Stat.). |