Washington : Government Printing Office
|Chap. 378||Ute Indians. Jurisdiction of Court of Claims to hear, etc., claims against U.S.|
|Chap. 378||Attorneys' fees.|
|Chap. 378||Determination of amount.|
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 8 of the Act of June 28, 1938 (52 Stat. 1209, 1211), entitled "An Act conferring jurisdiction upon the United States Court of Claims to hear, examine, adjudicate, and render judgment on any and all claims which the Ute Indians, or any tribe, or band thereof, may have against the United States, and for other purposes", approved June 28, 1938, be, and the same hereby is, amended so as to read in full as follows:
"Upon the final determination of any suit, cause, or action instituted hereunder, whether by judgment, compromise, or otherwise, the Court of Claims, in the event of success by any plaintiff, or in the event any claim asserted by any of said bands of Indians shall be compromised or settled without the institution of any suit hereunder, the Secretary of the Interior shall decree that there shall be paid to the attorney or attorneys employed therein by said plaintiff under contracts negotiated or entered into as provided by existing law, such fees as, based upon a quantum meruit, it or he shall find reasonable. In no case shall the fees decreed by said Court of Claims and/or by the Secretary of the Interior be in excess of the amount stipulated in the contracts approved by the Commissioner of Indian Affairs and the Secretary of the Interior and in no event to exceed 10 per centum of the amount of the recovery, and shall be paid upon money being appropriated for the benefit of any bands of Ute Indians pursuant to any judgment or settlement hereunder whether distributable thereto or not. In determining the amount of fees payable to the attorney or attorneys the Court of Claims, or the Secretary of the Interior, as the case may be, shall consider all services rendered by such attorney or attorneys, including services rendered before the Members and committees of Congress, any department or commission of the Government, and the courts. The actual expenses of said attorney or attorneys heretofore or hereafter incurred or expended in prosecuting any suit, cause, or action instituted under this Act shall be paid as provided in the contracts approved by the Secretary of the Interior under which such represented in such suit, cause, or action are hereby made available for expenditure for that purpose."
Approved, June 11, 1946.