Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.
|Chap. 217||Claimants of allotment may sue in circuit courts, etc.
1894, Aug. 15,
1893, Mar. 3,
|Chap. 217||lands held by Five Civilized Tribes, etc.
|Sec. 2||Service of petition
1887. Mar. 3,
c. 559, s. 6, 24 Stat., 505.
|Sec. 2||District attorney to represent Government.
|Sec. 2||failure to plead.
|Sec. 2||Claim to be established by proof.
Be it enacted, &c., That that portion of the Act of August fifteenth, eighteen hundred and ninety-four, found on page three hundred and five of Twenty-eighth Statutes at Large, be amended so as to read as follows:
That all persons who are in whole or in part of Indian blood or descent who are entitled to an allotment of land under any law of Congress, or who claim to be so entitled to land under any allotment Act or under any grant made by Congress, or who claim to have been unlawfully denied or excluded from any allotment or any parcel of land to which they claim to be lawfully entitled by virtue of any Act of Congress, may commence and prosecute or defend any action, suit, or proceeding in relation to their right thereto in the proper circuit court of the United States;
and said circuit courts are hereby given jurisdiction to try and determine any action, suit, or proceeding arising within their respective jurisdictions involving the right of any person, in whole or in part of Indian blood or descent, to any allotment of land under any law or treaty (and in said suit the parties thereto shall be the claimant as plaintiff and the United States as party defendant);
and the judgement or decree of any such court in favor of any claimant to an allotment of land shall have the same effect, when properly certified to the Secretary of the Interior, as if such allotment had been allowed and approved by him,
but this provision shall not apply to any lands now held by either of the Five Civilized Tribes, nor to any of the lands within the Quapaw Indian Agency:
Provided, That the right of appeal shall be allowed to either party as in other cases.
That the plaintiff shall cause a copy of his petition filed under the preceding section to be served upon the district attorney of the United States in the district wherein suit is brought, and shall mail a copy of same, by registered letter, to the Attorney-General of the United States, and shall thereupon cause to be filed with the clerk of the court wherein suit is instituted an affidavit of such service and the mailing of such letter.
It shall be the duty of the district attorney upon whom service of petition is made as aforesaid to appear and defend the interests of the Government in the suit, and within sixty days after the service of petition upon him, unless the time should be extended by order of the court made in the case to file a plea, answer, or demurrer on the part of the Government, and to file a notice of any counterclaim, setoff, claim for damages, or other demand or defense whatsoever of the Government in the premises:
Provided, That should the district attorney neglect or refuse to file the plea, answer, demurrer, or defense, as required, the plaintiff may proceed with the case under such rules as the court may adopt in the premises;
but the plaintiff shall not have judgment or decree for his claim, or any part thereof, unless he shall establish the same by proof satisfactory to the court. [February 6, 1901.]