INDIAN AFFAIRS: LAWS AND TREATIES

Vol. III, Laws     (Compiled to December 1, 1913)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1913.


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ACTS OF SIXTY-FIRST CONGRESS—SECOND SESSION, 1910.
CHAP. 21 CHAP. 40 | CHAP. 129 | CHAP. 140 | CHAP. 146 | CHAP. 156 | CHAP. 187 | CHAP. 202 | CHAP. 203 | CHAP. 204 | CHAP. 233 | CHAP. 234 | CHAP. 257 | CHAP. 260 | CHAP. 264 | CHAP. 299 | CHAP. 310 | CHAP. 313 | CHAP. 315 | CHAP. 316 | CHAP. 327 | CHAP. 369 | CHAP. 384 | CHAP. 385 | CHAP. 400 | CHAP. 403 | CHAP. 405 | CHAP. 408 | CHAP. 431 | J. R. No. 3 | J. R. No. 5 | J. R. No. 20

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Chapter 313

Margin Notes
Chap. 313 Omaha Indians. Court of Claims to determine claims of.
Chap. 313 Jurisdiction, etc.
Chap. 313 Settlement of all rights.
Chap. 313 Otoe and Missouria Indians. Court of Claims to determine claims.
    36 Stat., 581.
Chap. 313 Time for commencement, etc.
Chap. 313 Fees to attorneys.
Chap. 313 Proviso. Limit of fees.

{Page 470}

Chapter 313
    June 22, 1910. [S. 4179.] | [Public, No. 222.] 36 Stat., 580.
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An act authorizing the Omaha tribe of Indians to submit claims to the Court of Claims.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all claims of whatsoever nature which the Omaha tribe of Indians may have or claim to have against the United States may be submitted to the Court of Claims with the right of appeal to the Supreme Court of the United States by either party for determination of the amount, if any, due said tribe from the United States under the treaty between the United States and the said tribe of Indians, ratified and affirmed March sixteenth, eighteen hundred and fifty-four, or under any other treaties or laws, or for the misappropriation of any funds of said tribe for purposes not for its material benefit, or for failure of the United States to pay said tribe any money due; and jurisdiction is hereby conferred upon the Court of Claims to hear and determine all legal and equitable claims, if any, of said Omaha tribe of Indians against the United States, and also any legal or equitable defense, set-off, or counterclaim which the United States may have against said tribe, and to enter judgment thereon. The Court of Claims shall advance said cause upon the docket and shall have authority to settle the rights, both legal and equitable, of both the Omaha tribe of Indians and the United States, notwithstanding lapse of time or statutes of limitation, and the final judgment and satisfaction thereof shall be a full settlement of all claims of said Omaha Indians against the United States. That jurisdiction is hereby conferred upon said Court of Claims to hear and determine all claims of the Otoe and Missouria Indians of whatsoever nature which either or both of said tribes of Indians may have or claim to have against the United States, with the right of appeal to the Supreme Court of the United States by either party, for the determination of the amount, if any, due either of said tribes from the United States under any treaties or laws of Congress or the unexecuted stipulations of any treaties or for the misappropriation of any of the funds of either of said tribes for purposes not for their material benefit or for the failure of the United States to pay either of said tribes any money due. Such cause shall be commenced in the Court of Claims within one year after the passage of this act; and in such cause the Omaha tribe of Indians shall be party plaintiff and the United States party defendant; and the petition shall be verified by the attorney employed by the said Omaha Indians, to prosecute their claims under this act, under contract approved by the Commissioner of Indian Affairs and the Secretary of the Interior, as provided by law, upon information and belief as to the existence of such facts, and no other statements or verification shall be necessary. Upon the final determination of the cause the Court of Claims shall decree such fees as the court shall find to be reasonable to be paid to the attorney or attorneys employed by the said tribe of Indians, and the same shall be paid out of any sum or sums found due said Omaha tribe of Indians: Provided, That in no case shall the fees decreed by said court be in excess of the amount stipulated in the approved contract nor amount to more than ten per centum of the amount of the judgment recovered in such cause.1


1 The Omaha Tribe of Indians v. United States, No. 31002, Court of Claims docket.

Approved, June 22, 1910


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