Vol. V, Laws     (Compiled from December 22, 1927 to June 29, 1938)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1941.

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Chapter 23
December 23, 1930.  |  [S.2895.] 46 Stat., 1033.

An Act Authorizing the hands or tribes of Indians known and designated as the Middle Oregon or Warm Springs Tribe of Indians of Oregon, or either of them, to submit their claims to the Court of Claims
Section 2  |  3  |  4

Margin Notes
Chap. 23 Warm Springs Indians of Oregon. Claims of, to be adjudicated in Court of Claims.
Chap. 23 28 Stat., 86, vol. 1, 511.
Chap. 23 12 Stat., 963, Vol. 2, 714; 26 Stat., 355.
Chap. 23 14 Stat., 751, vol. 2, 908.
Sec. 2 Time for filing petition.
Sec. 2 Parties to suit.
Sec. 2 Verification.
Sec. 2 Evidence.
Sec. 3 Counterclaims authorized.
Sec. 3 Setoffs.
Sec. 4 Joining of others as parties.
Sec. 4 Proviso.
Sec. 4 Attorneys’ fees to be included in court decree.
Sec. 4 Balance to credit of Indians, for their benefit.
Sec. 4 No per capita payments.

Page 188

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That jurisdiction is hereby conferred on the Court of Claims, with the right of appeal by either party to the Supreme Court of the United States, notwithstanding the lapse of time or statutes of limitation and notwithstanding the provisions of the Act of June 6, 1894 (Twenty-eighth Statutes, page 86), to hear, determine, and adjudicate, and to render final judgment on all legal and equitable claims of whatsoever nature of the Warm Springs Tribe of Indians, or any band thereof, against the United States, arising under or growing out of the original Indian title, claim, or rights of the said tribe of Indians, or any band thereof, in connection with the Warm Springs Indian Reservation in the State of Oregon, including all claims, title, or rights growing out of or incident to the treaties of June 25, 1855, ratified by the Senate on March 8, 1859, and proclaimed by the President April 18, 1859 (Twelfth Statutes, page 963), and of November 15, 1865, ratified by the Senate on March 2, 1867, and proclaimed by the President March 28, 1867 (Fourteenth Statutes, page 751), or either of them, relating to the Warm Springs Indian Reservation in Oregon; and all claims of whatsoever nature growing out of the erroneous payment of any sum or sums of money due under the treaties of June 25, 1855 (Twelfth Statutes, page 963), and November 15, 1865 (Fourteenth Statutes, page 751), or to any misapplication or misappropriation of any such funds or moneys to purposes not contemplated by the said treaties.

SEC. 2.

Any and all claims against the United States within the purview of this Act shall be forever barred unless suit or suits be instituted or petition, subject to amendment, be filed with the Court of Claims within five years of the date of this Act; and in any such suit or suits the Warm Springs Tribe of Indians of Oregon, or any band thereof, shall be party or parties plaintiff and the United States shall be the party defendant. The petition of the said Indians shall be verified by the attorney or attorneys employed to prosecute such claim or claims, under contract with the Indians, approved in accordance with existing law, upon information and belief as to the facts therein alleged and no other verification shall be necessary. Official letters, papers, documents, records, maps, historical works, and affidavits in official files, or certified copes thereof, may be used in evidence and the departments of the Government shall give access to the attorney or attorneys of the said Indians to such treaties, papers, maps, correspondence, reports, documents, or affidavits as they may require in the presentation or prosecution of any suit or suits instituted under this Act.

SEC. 3.

In the said suit or suits the court shall also hear, examine, consider, and adjudicate any claims which the United States may have against the said Indian tribe or bands thereof, or any of them, and any payment or payments which have been made by the United States upon any such claim or claims shall not operate as an estoppel, but may be pleaded as an offset in such suit or suits, as may gratuities, if any, paid to or expended for said Indian tribe or bands or either of them.

SEC. 4.

Any band of Indians associated with the Warm Springs Tribe of Indians deemed necessary to a final determination of any suit or suits brought hereunder may be joined therein as the court may order: Provided, That upon final determination of the court of any such suit or suits the Court of Claims shall have jurisdiction to fix and

Page 189

determine a reasonable fee, not to exceed 10 per centum of the amount secured, to be paid the attorney or attorneys employed as herein provided together with all necessary and proper expenses incurred in the preparation and prosecution of such suit or suits to be paid the attorney or attorneys employed herein as provided, and such fees or fees and such expense or expenses shall be included in the decree, and shall be paid out of any sum or sums adjudged to be due said tribe or bands or either of them; and the balance of such sum or sums shall be placed in the Treasury of the United States to the credit of such tribe or bands, where it shall draw interest at the rate of 4 per centum per annum, and shall be subject to appropriation by the Congress of the United States for educational, health, industrial, and other purposes for the benefit of said Indians, including the purchase of lands and building of homes, and no part of said judgment shall be paid out in per capita payments to said Indians. 1

Approved, December 23, 1930.

1 Ct. Cls. Docket No. M—112.

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