INDIAN AFFAIRS: LAWS AND TREATIES

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

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


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PUBLIC ACTS OF THE SIXTY‐NINTH CONGRESS, FIRST SESSION, 1926.
Chap. 22 | Chap. 37 | Chap. 40 | Chap. 41 | Chap. 44 | Chap. 51 | Chap. 60 | Chap. 115 | Chap. 118 | Chap. 138 | Chap. 139 | Chap. 141 | Chap. 142 | Chap. 156 | Chap. 165 | Chap. 166 | Chap. 171 | Chap. 195 | Chap. 277 | Chap. 278 | Chap. 280 | Chap. 282 | Chap. 283 | Chap. 300 | Chap. 305 | Chap. 308 | Chap. 309 | Chap. 312 | Chap. 337 | Chap. 338 | Chap. 341 | Chap. 356 | Chap. 357 | Chap. 379 | Chap. 403 | Chap. 434 | Chap. 458 | Chap. 459 | Chap. 572 | Chap. 576 | Chap. 588 | Chap. 589 | Chap. 657 | Chap. 658 | Chap. 659 | Chap. 661 | Chap. 667 | Chap. 669 | Chap. 694 | Chap. 701 | Chap. 702 | H. R. 10,000 | Chap. 724 | Chap. 734 | Chap. 763 | Chap. 771 | Chap. 773 | Chap. 779 | Chap. 787 | Chap. 797

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Chapter 734
July 3, 1926. | [S. 2868.] 44 Stat., 807.

An Act Conferring jurisdiction upon the Court of Claims to hear, examine, adjudicate, and render judgment in claims which the Crow Tribe of Indians may have against the United States, and for other purposes.1
Section 2 | 3 | 4 | 5 | 6 | 7 | 8

Margin Notes
Chap. 734 Crow Indians. Claims of, growing out of Fort Laramie treaty, etc., submitted to Court of Claims.
Chap. 734 15 Stat., 649, vol. 2, 594; vol. 1, 855.
Chap. 734 18 Stat., 28, vol. 1, 749.
Chap. 734 Jurisdiction conferred.
Sec. 2 Time for filing.
Sec. 2 Verification, etc.
Sec. 2 Evidence admitted.
Sec. 3 Statutes of limitations not a bar.
Sec. 3 Set-offs, etc.
Sec. 4 Decision of court that money, etc., have been unlawfully taken, etc., confined to the value at time thereof, with interest allowed therefrom.
Sec. 4 Decree a full settlement, canceling further claims.
Sec. 5 Attorneys' fees, etc., by decree of court.
Sec. 6 Issue of process, etc.
Sec. 7 Appearance of Attorney General directed.
Sec. 8 Amounts recovered to be deposited to credit of the Indians.
Sec. 8 Costs taxed against losing party.
Sec. 8 Proviso. Court expenses from tribal funds.

Page 900

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That jurisdiction be and is hereby conferred upon the Court of Claims, with right of appeal to the Supreme Court of the United States by either party, notwithstanding lapse of time or statutes of limitations, to hear, adjudicate, and render judgment in any and all claims arising under or growing out of the treaty of Fort Laramie, dated September 17, 1851 (Second Kappler, page 594), between the United States and the Crow Indian Nation and the treaty dated May 7, 1868 (Fifteenth Statutes, page 649), between the United States and the Crow Indian Nation, or arising under or growing out of the


1 Ct. Cl. Docket No. H-248, 1927.

Page 901

Executive order dated July 2, 1873 (First Kappler, page 855), or any subsequent Executive order, the Act of Congress approved April 15, 1874 (Eighteenth Statutes, page 28), or any subsequent Act of Congress or agreement with said Crow Indian Nation, which said Crow Indian Nation or any branch thereof 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; and jurisdiction is hereby conferred upon the said courts to determine whether or not any provision in any such treaty or Executive order has been violated or breached by any Act or Acts of Congress or by any treaty made by the United States with any other Indian tribe or nation, and if so, to render judgment for the damages resulting therefrom.

SEC. 2.

Any and all claims against the United States within the 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 Crow Nation or Tribe party plaintiff and the United States party defendant. The petition shall be verified by the attorney or attorneys employed to prosecute such claim or claims under contract with the Crow Tribe of Indians, 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 Secretary of the Interior. Offical 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 Crow Indian nation to such treaties, papers, correspondence, or records as may be needed by the attorney or attorneys of said Indian nation.

SEC. 3.

That if any claim or claims be submitted to said court it shall determine the rights of the parties thereto, notwithstanding lapse of time or statutes of limitation, and any payment which may have been made by the United States upon any claim so submitted shall not be pleaded as an estoppel, but may be pleaded as a set-off in any suit; and the United States shall be allowed credit subsequent to the date of any law, treaty, or agreement under which the claims arise for any sum or sums heretofore paid or expended for the benefit of said Indians, including gratuities.

SEC. 4.

That if it be determined by the court that the United States, in violation of the terms and provisions of any law, treaty, agreement, or Executive order, set forth and referred to in section 1, has unlawfully appropriated or disposed of any money or other property belonging to the Indians, or obtained lands from the Crow Indians for an inadequate consideration under mistake of fact, damages therefor shall be confined to the value of the money or other property at the time of such appropriation or disposal, together with interest thereon at 4 per centum per annum from the date thereof; and with reference to all claims which may be the subject matter of the suits herein authorized, the decree of the court shall be in full settlement of all damages, if any, committed by the Government of the United States and shall annul and cancel all claim, right, and title of the said Crow Indians in and to such money or other property.

SEC. 5.

Upon final determination of such suit or suits the Court of Claims shall have jurisdiction to fix and determine a reasonable fee, not to exceed 10 per centum of the recovery, together with all

Page 902

necessary and proper expenses incurred in preparation and prosecution of the suit, to be paid to the attorneys employed by the said tribes or bands of Indians, or any of them, and the same shall be included in the decree and shall be paid out of any sum or sums found to be due said tribes.

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 other tribe or band of Indians 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.

SEC. 8.

The proceeds of all amounts, if any, recovered for said Indians shall be deposited in the Treasury of the United States to the credit of the Indians decreed by said court to be entitled thereto, and shall draw interest at the rate of 4 per centum per annum from the date of the judgment or decree. The costs incurred in any suit hereunder shall be taxed against the losing party; if against the United States such costs shall be included in the amount of the judgment or decree, and if against said Indians shall be paid by the Secretary of the Treasury out of the funds standing to their credit in the Treasury of the United States: Provided, That actual costs necessary to be incurred by the Crow Indians as required by the rules of court in the prosecution of this suit shall be paid out of the funds of the Crow Tribe in the Treasury of the United States.1

Approved, July 3, 1926.


1 Ct. Cls. Docket No. H-248.


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