Vol. IV, Laws     (Compiled to March 4, 1927)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1929.

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Chapter 148
February 7, 1925. | [H. R. 3913.] 43 Stat., 812.

An Act To refer the claims of the Delaware Indians to the Court of Claims, with the right of appeal to the Supreme Court of the United States.

Margin Notes
Chap. 148 Delaware Indians, Okla. All claims of, submitted to Court of Claims.
Chap. 148 Jurisdiction conferred.
Chap. 148 Consideration de novo.
Chap. 148 Legal and equitable rights to be settled.
Chap. 148 Procedure
Chap. 148 Evidence admitted.
Chap. 148 Attorneys' fees, etc., by decree of court.
Chap. 148 Advancement of causes.

Page 474

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all claims of whatsoever nature the Delaware Tribe of Indians residing in Oklahoma may have or claim to have against the United States may be submitted to the Court of Claims, with right of appeal to the Supreme Court of the United States by either party; and jurisdiction is hereby conferred upon the said Court of Claims and the said Supreme Court of the United States to hear, determine, and enter judgment on any and all such claims. The said courts shall consider all such claims de novo, upon a legal and equitable basis, and without regard to any decision, finding, or settlement heretofore had in respect of any such claims.

If any claim or claims be submitted to said courts, they shall settle the rights therein, both legal and equitable, of each and all

Page 475

parties thereto, notwithstanding lapse of time or statutes of limitation, and any payment which may have been made upon any claim so submitted shall not be pleaded as an estoppel, but may be pleaded as an offset in such suits or actions. The claim or claims of said Delaware Tribe may be presented separately or jointly by petition, subject, however, to amendment, and the petition shall be verified by the attorney or attorneys employed by such Delaware Tribe under contract approved by the Secretary of the Interior and the Commissioner of Indian Affairs in accordance with sections 2103 to 2105 of the United States Revised Statutes to prosecute their claims under this Act. Official letters, papers, records, documents, and public records, or certificate copies thereof, may be used in evidence; and the departments of the Government shall give access to the attorney or attorneys of such Delaware Tribe to copies of such treaties, papers, correspondence, and records as may be needed by the said attorney or attorneys.

Upon the final determination of the cause the Court of Claims shall decree such fees as may be deemed fair and reasonable for services rendered, to be paid to the attorney or attorneys, such fees not to exceed 10 per centum of the amount of the judgment recovered and in no event shall they exceed the sum of $25,000, and the same shall be paid out of any sum or sums found due such tribe. Such suit, suits, or causes shall be advanced on the dockets of the Court of Claims and by the Supreme Court of the United States if the same shall be appealed.1

Approved, February 7, 1925.

1 Ct. Cl. Docket No. E-353, E-493, H-221, H-222, H-226.
108016°—S. Doc. 53, 70-1—31

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