Vol. IV, Laws     (Compiled to March 4, 1927)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1929.

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Chapter 181
March 4, 1917 | [S. 135.] 39 Stat., 1195.

An Act For the restoration of annuities to the Medawakanton and Wahpahoota (Santee) Sioux Indians, declared forfeited by the Act of February sixteenth, eighteen hundred and sixty-three.

Margin Notes
Chap. 181 Medawakanton and Wahpalcoota Sioux Indians.
Court of Claim, given jurisdiction of claim for restoration of forfeited annuities.
Chap. 181 7 Stat., 538, vol. 2, 493.
Chap. 181 10 Stat., 954, vol. 2, 591.
Chap. 181 12 Stat., 652, vol. 2, 591.
Chap. 181 39 Stat.,1608; post, 138.
Provisos. Calculation of accrued annuities.
Chap. 181 Amounts allowed as set off.
Chap. 181 Payments under treaty of 1868.
15 Stat., 635, vol. 2, 998.
Chap. 181 Preparation of roll.
Chap. 181 Exclusions.
Chap. 181 Per capita distribution.
Chap. 181 Procedure.
Chap. 181 Fees to attorneys.
Chap. 181 Proviso. Aggregate restricted.

Page 133

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That jurisdiction be, and hereby is, conferred upon the Court of Claims to hear, determine, and render final judgment for any balance that may be found due the Medawakanton and Wahpakoota Bands of Sioux Indians, otherwise known as Santee Sioux Indians, with right of appeal as in other cases, for any annuities that may be ascertained to be due to the said bands of Indians under and by virtue of the treaties between said bands and the United States, dated September twenty-ninth, eighteen hundred and thirty-seven (Seventh Statutes at Large, page five hundred and thirty-eight), and August fifth, eighteen hundred and fifty-one (Tenth Statutes at Large, page nine hundred and fifty-four), as if the Act of forfeiture of the annuities of said bands approved February

Page 134

sixteenth, eighteen hundred and sixty-three, had not been passed: Provided, That the court in rendering judgment shall ascertain and include therein the amount of accrued annuities under the treaty of September twenty-ninth, eighteen hundred and thirty-seven, up to the date of rendition of judgment, and shall determine and include the present value of the same, not including interest, and the capital sum of said annuity, which shall be in lieu of said perpetual annuity granted in said treaty; and to ascertain and set off against any amount found due under said treaties all moneys paid to said Indians or expended on their account by the Government of the United States since the treaties were abrogated by the Act of February sixteenth, eighteen hundred and sixty-three: Provided, That the treaty of April twenty-eighth, eighteen hundred and sixty-eight, shall not be a bar to recovery, but all equities and benefits received thereunder by the Santee Sioux Indians shall be taken into consideration in the determination of the amount of recovery. Upon the rendition of such judgment and in conformity therewith the Secretary of the Interior is hereby directed to ascertain and determine which of said Indians now living took part in said out-break and to prepare a roll of the persons entitled to share in said judgment by placing thereon the names of all living members of said bands residing in the United States at the time of the passage of this Act, excluding therefrom only the names of those found to have personally participated in the out-break; and he is directed to distribute the proceeds of such judgment, except as hereinafter provided, per capita, to the persons borne on the said roll.

Proceedings shall be commenced by petition verified by or under authority of one of the attorneys who have been heretofore employed by said bands of Indians to prosecute their claims, under a contract which has been heretofore 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 the facts stated in said petition, and no other verification shall be necessary. Upon final determination of the cause the Court of Claims shall decree such fees as the court shall find to be reasonable upon a quantum meruit for services performed or to be performed, to be paid to the attorney or attorneys so employed by the said band of Indians and their associates, and the same shall be paid by the Secretary of the Treasury out of the proceeds of the fund arising from said judgment in favor of said bands of Indians when an appropriation for shall have been shade by Congress: Provided, That in no case shall the fees decreed by the court amount in the aggregate to more than ten per centum of the amount of the judgment recovered, and in no event shall the aggregate amount exceed $50,000.1

Approved, March 4, 1917.

1 57 Ct. Cl., 357.

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