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 777
June 28, 1938. | [H. R. 4540.] 52 Stat., 1212.

An Act Authorizing the Red Lake Band of Chippewa Indians in the State of Minnesota to file suit in the Court of Claims, and for other purposes
Section 2 | 3 | 4 | 5

Margin Notes
Chap. 777 Red Lake Band of Chippewa Indians, Minn. Jurisdiction conferred upon Court of Claims to hear, etc., claims of.
Chap. 777 13 Stat., 667, vol. 2, 853.
Chap. 777 25 Stat., 642, vol. 1, 301.
Right of appeal.
Chap. 777 Proviso. Claims limited to designated provisions.
Sec. 2 Determination without regard to statutes of limitation, etc.
Sec. 3 Counter claims.
Sec. 4 Amendments to petition.
Sec. 4 Verification.
Sec. 5 Attorneys' fees and expenses.
Sec. 5 Proviso. Limitation.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That jurisdiction is hereby conferred upon the Court of Claims, to hear, determine, and render final judgment, according to principles of justice and equity and as upon a full and fair arbitration, on all claims of the Red Lake Band of Chippewa Indians in the State of Minnesota against the United States for the value of unceded lands, for losses sustained by reason of erroneous surveys of reservation boundaries, or on claims arising under the treaty of October 2, 1863 (13 Stat. 667), or under any treaty, agreement, Executive order, or Act of Congress, except the Act of January 14, 1889 (25 Stat. 642), with the right of appeal by either party to the Supreme Court of the United States, anything in the Judicial Code of the United States to the contrary notwithstanding for the determination of the amount, if any, which may be legally or equitably due the said Red Lake Band of Chippewa Indians, under any treaties or agreements entered into between said Indians and the United States, or for the failure of the United States to pay any money which may be legally or equitably due the said Red Lake Band of Indians: Provided, That in any suit filed under the provisions of this Act, in which there is presented any claim against the United States for the appropriation, expropriation, taking, acquisition, or depriva-

Page 623

tion of land or any interest therein the jurisdiction hereby conferred to hear and determine any such claim is limited to the determination of the value of said land, the timber thereon, or any interest therein at the time of the appropriation, expropriation, taking, acquisition, or deprivation, and no judgment shall be rendered by the Court of Claims which includes any increment, interest, or equivalent thereof, from the date of taking to the date of judgment, as an element of just compensation or otherwise.

SEC. 2.

In any suit or suits instituted hereunder the Court of Claims shall have authority to determine and adjudge the rights, both legal and equitable, of the claimants in the premises, notwithstanding lapse of time or statutes of limitation.

SEC. 3.

The court shall also hear, examine, consider, and adjudicate any claim or claims which the United States may have against the said Red Lake Band, properly chargeable in such suit, including gratuities not heretofore charged; but any payment or payments which have been made by the United States upon such claim or claims shall not operate as an estoppel, but may be pleaded by way of set- off; and any other tribe or band of Indians which the court may deem necessary to a final determination of any suit hereunder may be joined therein as the court shall order.

SEC. 4.

A petition or petitions may be filed hereunder in the Court of Claims within five years after the date of this Act which shall be subject to amendment at any time prior to final submission of the case to the Court of Claims; and the Red Lake Band of Chippewa Indians in the State of Minnesota shall be the party plaintiff, and the United States the party defendant. The petition or petitions may be verified by the attorney employed by the said Indians to prosecute their claims, under a contract approved by the Commissioner of Indian Affairs and the Secretary of the Interior, as provided by law, and no other verification shall be necessary.

SEC. 5.

Upon final determination of any suit hereunder the Court of Claims shall decree such fees and expenses as the court shall find to be reasonably due to be paid to the attorney or attorneys employed by the said Indians, under contract in accordance with existing law, and the same shall be paid out of any sum or sums of money found due said Red Lake Band: Provided, That in no case shall the fees decreed be in excess of 10 per centum of the amount of the judgment.

Approved, June 28, 1938.1

1307 U.S.C., 1; 87 Ct. Cls. 1; 88 Ct. Cls. 1; Ct. Cls. Docket No. 45148.

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