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, SECOND SESSION, 1926-27.
Chap. 9 | Chap. 12 | Chap. 22 | Chap. 27 | Chap. 49 | Chap. 78 | Chap. 104 | Chap. 112 | Chap. 189 | Chap. 215 | Chap. 226 | Chap. 250 | Chap. 299 | Chap. 302 | Chap. 314 | Chap. 320 | Chap. 325 | Chap. 328 | Chap. 329 | Chap. 357 | Chap. 358 | Chap. 369 | Chap. 371 | Chap. 372 | Chap. 376

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Chapter 302
March 3, 1927. | [S. 5523.] 44 Stat., 1349.

An Act Authorizing the Shoshone Tribe of Indians of the Wind River Reservation in Wyoming to submit claims to the Court of Claims.2
Section 2 | 3 | 4 | 5 | 6 | 7

Margin Notes
Chap. 302 Shoshone Indians, Wyo. Claims of, against United States, submitted to Court of Claims.
Chap. 302 15 Stat., 673; vol. 2, 1020.
Sec. 2 Time for filing petition.
Sec. 2 Verification, etc.
Sec. 2 Evidence admitted.
Sec. 3 Counterclaims, etc., to be considered.
Sec. 3 Proviso. Defenses not barred.
Sec. 3 Decree to be in full settlement annulling all claims.
Sec. 4 Attorneys fees to be included in decree.
Sec. 5 Issue of procees, etc.
Sec. 6 Appearance of Attorney General directed.
Sec. 7 Amounts recovered to be deposited to credit of Indians.
Sec. 7 Interest allowed.

Page 937

Be it enacted by the Senate and House of Representatives of the mn1 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 the lapse of time or statutes of limitation, to hear, examine, adjudicate, and render judgment in any and all legal and equitable


2 Ct. Cl. Docket No. H-219, 1927.

Page 938

claims which the Shoshone Tribe of Indians of the Wind River Reservation in the State of Wyoming may have against the United States arising under or growing out of the treaty of July 3, 1868 (Fifteenth Statutes, page 673), or arising under or growing out of any subsequent treaty or agreement between said Shoshone Tribe of Indians and the United States or any subsequent Act of Congress affecting said tribe, which claims have not heretofore been determined and adjudicated upon their merits by the Court of Claims or the Supreme Court of the United States.

SEC. 2.

The claims of said tribe shall be presented by petition, subject, however, to amendment at any time. The suit under this Act shall be instituted or petition filed in the Court of Claims within three years from the date of approval of this Act. Such suit shall make the Shoshone Tribe of Indians of the Wind River Reservation in Wyoming party plaintiff and the United States party defendant. The petition shall be verified upon information and belief by the attorney or attorneys employed by said tribe to prosecute said claims under contract approved by the Commissioner of Indian Affairs and the Secretary of the Interior. Letters, papers, documents, and public records, or certified copies thereof, bearing upon the claims presented, may be used in evidence; and the departments of Government shall give the attorney of said tribe access to any such letters, papers, documents, or public records and shall furnish certified copies of such thereof as may be deemed material.

SEC. 3.

In said suit the court shall also hear, examine, and adjudicate any claims which the United States may have against said tribe, but any payment, including gratuities which the United States may have made to said tribe, shall not operate as an estoppel, but may be pleaded as an offset in such suit: Provided, however, That the United States may interpose to such suit or action any and all pleas of defense, affirmative and negative, legal and equitable, which it may have thereto not herein specifically barred by the provisions of this Act. In 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 Shoshone Indians in and to such money, lands, or other property.

SEC. 4.

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

SEC. 5.

The Court of Claims shall have full authority by proper orders and process to bring in and make parties to said suit any or all persons deemed by it necessary or proper to the final determination of the matters in controversy.

SEC. 6.

A copy of the petition in such suit shall 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.

SEC. 7.

All amounts which may be found due and recovered for said tribe under the provisions of this Act, less attorneys' fees and expenses, shall be deposited in the Treasury of the United States to the credit of said tribe and shall draw interest at the rate of 4 per centum per annum from the date of the judgment or decree.1

Approved, March 3, 1927.


1 Ct. Cls. Docket No. H-219.


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