INDIAN AFFAIRS: LAWS AND TREATIES

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

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


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PUBLIC ACTS OF THE SEVENTIETH CONGRESS, SECOND SESSION, 1928-1929
Chap. 28 | Chap. 36 | Chap. 55 | Chap. 70 | Chap. 87 | Chap. 101 | Chap. 102 | Chap. 145 | Chap. 161 | Chap. 166 | Chap. 174 | Chap. 175 | Chap. 178 | Chap. 183 | Chap. 216 | Chap. 218 | Chap. 267 | Chap. 268 | Chap. 270 | Chap. 275 | Chap. 279 | Chap. 300 | Chap. 302 | Chap. 323 | Chap. 359 | Chap. 377 | Chap. 440 | Chap. 493 | Chap. 502 | Chap. 504 | Chap. 511 | Chap. 576 | Chap. 689 | Chap. 705 | Chap. 706 | Chap. 707

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Chapter 377
February 28, 1929. | [S. 710.] 45 Stat., 1407.

An Act Conferring jurisdiction upon the Court of Claims to hear, adjudicate, and render judgment in claims which the northwestern bands of Shoshone Indians may have against the United States1
Section 2 | 3 | 4 | 5 | 6 | 7 | 8

Margin Notes
Chap. 377 Shoshone Indians. Claims of northwestern bands of, submitted to Court of Claims.
Chap. 377 18 Stat., 685, vol. 2, 848;
13 Stat., 663, vol. 2, 850.
18 Stat., 291, vol. 1. 153.
Sec. 2 Time for filing.
Sec. 2 Verification.
Sec. 2 Evidence admitted.
Sec. 3 Counterclaims admitted.
Sec. 3 Set-offs, etc.
Sec. 4 Appeals allowed.
Sec. 5 Issue of process.
Sec. 6 Appearance of Attorney General directed.
Sec. 7 Fees, etc., to be included in decree.
Sec. 8 Amounts recovered to be deposited to credit of the Indians.
Sec. 8 Use limited.

Page 85

Be it enacted by the Senate and house of Representatives of the United States of America in Congress assembled, That jurisdiction be, and hereby is, conferred upon the Court of Claims, notwithstanding lapse of time or statutes of limitations, to hear, adjudicate, and render judgment in any and all claims which the northwestern bands of Shoshone Indians may have against the United States arising under or growing out of the treaty of July 2, 1863 (Eighteenth Statutes; page 685-2 Kappler, 848) ; treaty of July 30, 1863 (Thirteenth Statutes, page 863 (663)-2 Kappler, 850) ; Act of Congress approved December 15, 1874 (Eighteenth Statutes, page 291) , and any subsequent treaty Act of Congress, or Executive order, which claims have not heretofore been determined and adjudicated on their merits by the Court of Claims or the Supreme Court of the United States.

SEC. 2.

That any and all claims against the United States within the purview of this Act shall be forever barred unless suit be instituted or petition filed as herein provided in the Court, of Claim within five years from the date of the approval of this Act; and


1 Ct. Cls., Docket No. M—107.

Page 86

such suit shall make the northwestern bands of Shoshone Indians party plaintiff and the United States party defendant. The petition shall be verified by the attorney or attorneys employed to prosecute such claims under contract with the northwestern bands of Shoshone Indians, approved by the Commissioner of Indian Affairs and the Secretary of the Interior as provided by law. Official letters, papers, documents, and records, or certified copies thereof, may be used in evidence, and the departments of the government shall give access to the attorney or attorneys for said Indians to such treaties, papers, correspondence, or records as may be needed by the attorney or attorneys for said Indians.

SEC. 3.

That in said suit the Court of Claims shall also hear, examine, consider, and adjudicate all claims which the United States may have against the said northwestern bands of Shoshone Indians. Any payment which may have been made by the United States, including gratuities for the benefit of any band or bands of said Indians or for their support and civilization, shall not operate as an estoppel, but may be pleaded as a set-off in said suit.

SEC. 4.

That from the decision of the Court of Claims in any suit prosecuted under the authority of this Act an appeal may be taken by either party, as in other cases, to the Supreme Court of the United States.

SEC. 5.

The Court of Claims shall have full authority by proper process and orders to bring in and make parties to such suit any and all persons deemed by it necessary or proper to the final determination of the matters in controversy.

SEC. 6.

A copy of the petition shall, in such case, be served upon the Attorney General of the United States and he or some attorney from the Department of Justice to be designated by him is hereby directed to appear and defend the interests of the United States in such case.

SEC. 7.

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, together with all necessary and proper expenses incurred in preparation and prosecution of the suit, to be paid to the attorney or attorneys employed by said northwestern bands of Shoshone Indians, or any of them, and the same shall be included an the decree and shall be paid out of any sum or sums found to be due said bands.

SEC. 8.

The balance of the proceeds of all amounts, if any, recovered for said northwestern bands of Shoshone Indians shall be deposited in the Treasury of the United States to the credit of the Indians decreed by said court to be entitled thereto, and shall draw interest at the rate of 4 per centum per annum from the date of the judgment or decree and shall be subject to appropriation by Congress only for the health, education, and industrial advancement of said Indians.

Approved, February 28, 1929.


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