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 214
February 12,1925. | [H. R. 2694.] 43 Stat., 886.

An Act Authorizing certain Indian tribes, or any of them, residing in the State of Washington to submit to the Court of Claims certain claims growing out of treaties or otherwise.
Section 2 | 3

Margin Notes
Chap. 214 Indians in Washington. Claims of, except S'Klallams, against United States to be submitted to Court of Claims.
10 Stat., 1132, vol. 2, 661. 12 Stat., 927, 933, 971; vol. 2, 669, 674.
Chap. 214 Jurisdiction conferred.
Chap. 214 Proviso. Counterclaims, etc., admitted.
Sec. 2 Advancement of cause, etc.
Sec. 3 Time for filing.
Sec. 3 Verification.
Sec. 3 Attorneys' fees, etc., by decree of court.

Page 477

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, both legal and equitable, of the tribes and bands of Indians, or any of them, except the S'Klallams, commonly known as the Clallams, with whom were made any of the treaties of Medicine Creek, dated December 26, 1854, Point Elliott, dated January 22, 1855, Point-no- Point, dated January 26, 1855, the Quin-ai-elts, dated May 8, 1859, growing out of said treaties, or any of them, and that all claims of whatever nature, both legal and equitable, which the Muckelshoot, San Juan Islands Indians; Nook-Sack, Suattle, Chinook, Upper Chehalis, Lower Chehalis, and Humptulip Tribes or Bands of Indians, or any of them (with whom no treaty has been made), may have against the United States shall be submitted to the Court of Claims, with right of appeal by either party to the Supreme Court of the United States for determination and adjudication, both legal and equitable, and jurisdiction is hereby conferred upon the Court of Claims to hear and determine any and all suits brought hereunder and to render final judgment therein: Provided, That the court shall also consider and determine any legal

Page 478

or equitable defenses, set-offs, or counterclaims including gratuities which the United States may have against any of said tribes or bands.

SEC. 2.

That the Court of Claims shall advance the cause or causes upon its docket for hearing, and shall have authority to determine and adjudge all rights and claims, both legal and equitable, of said tribes or bands of Indians, or any of them, and of the United States in the premises, notwithstanding lapse of time or statutes of limitation.

SEC. 3.

That suit or suits instituted hereunder shall be begun within five years from the date of the passage of this Act by such tribes or bands of Indians, as parties plaintiff, and the United States as the party defendant. The petition or petitions may be verified by attorney or attorneys employed by such tribes of Indians under contract or contracts approved in accordance with existing law upon information and belief as to the facts therein alleged, and no other verification shall be necessary. Upon final determination of such suit or suits the Court of Claims shall have jurisdiction to fix and determine a reasonable fee, not to exceed 10 per centum of the recovery and in no event shall such fee amount in the aggregate under one attorneyship for each tribe to more than $25,000, together with all necessary and proper expenses incurred in the preparation and prosecution of the suit, to be paid to the attorneys employed by the said tribes or bands of Indians, or any of them, and the same shall be included in the decree and shall be paid out of any sum or sums found to be due said tribes.1

Approved, February 12, 1925.

1 Ct. Cl. Docket, No. F-275.

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