Vol. V, Laws     (Compiled from December 22, 1927 to June 29, 1938)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1941.

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Chapter 401
March 3, 1931.  |  [S. 4051.] 46 Stat., 1487.

An Act Authorizing the Pillager Bands of Chippewa Indians, residing in the State of Minnesota, to submit claims to the Court of Claims1
Section 2  |  3  |  4  |  5  |  6

Margin Notes
Chap. 401 Chippewa Indians in Minnesota. Submission of claims of, to Court of Claims.
Chap. 401 9 Stat., 908, vol. 2, 569.
25 Stat., 642, vol. 1, 301.
Right of appeal.
Chap. 401 Pillager Bands claims.
Sec. 2 Authority of court.
Sec. 3 Counter claims.
Sec. 3 Prior payments pleaded in set-off.
Sec. 3 Credits.
Sec. 3 Joinder of other parties.
Sec. 4 Amount of recovery limited.
Sec. 5 Filing of petitions. Time for.
Sec. 6 Fees and expenses allowed.
Sec. 6 Provisos. Amount limited.
Sec. 6 Disposition of judgment recovered.

Page 235

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That jurisdiction is hereby conferred upon the Court of Claims to hear, determine, and render judgment, on principles of justice and equity and as upon a full and fair arbitration, on the claims of the Pillager Bands of Chippewa Indians in the State of Minnesota against the United States for the value of any unceded lands or arising under the treaty of August 21, 1847 (9 Stat. 948), or under any treaty, agreement, or Act of Congress subsequent thereto, except the Act of January 14, 1889 (25 Stat. 642), with the right of appeal by either party to the Supreme Court of the United States, for the determination of the amount, if any, which may be legally or equitably due the said Pillager Bands of Indians, or any of them, separately or jointly with other Chippewa Indians, under any treaties, agreements, or Acts of Congress, or under any stipulations or agreements, whether written or oral, entered into between said Indians and the United States, or its authorized representatives, or for the failure of the United Suites to pay any money which may be legally or equitably due the said Pillager Bands of Indians.

SEC. 2.

In any suit or suits instituted hereunder the Court of Claims shall have authority to determine and adjudge the rights, both legal and equitable, of the claimants in the premises, notwithstanding lapse of time or statutes of limitation.

SEC. 3.

The court shall also hear, examine, consider and adjudicate any claim or claims which the United States may have against the said Pillager Bands, properly chargeable in such suits; but any payment or payments which have been made by the United States upon such claim or claims shall not operate as an estoppel but may be pleaded by way of set-off, and the United States shall be allowed to plead and shall be given credit for all sums, including gratuities, paid to or expended for the benefit of Indians. And any other tribe or band of Indians which the court may deem necessary to a final

1 Ct. Cls. Docket No. M-387;87 Ct. Cls., 1;90 Ct. Cls., 140, 307 U. S., 1.

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determination of any suit hereunder may be joined therein as the court shall order.

SEC. 4.

If in any suit instituted hereunder for the value of lands taken, sold, or diposed of by the United States it be determined by the court that the Indians are entitled to recover judgment, the price of such lands shall be not to exceed $1.25 an acre, except as to any lands the price of which has been otherwise fixed by general land laws enacted by Congress; in which case the court may be governed by the latter prices.

SEC. 5.

A petition or, petitions may be filed hereunder in the Court of Claims within five years after the date of this Act, and the Pillager Bands of Chippewa Indians in the State of Minnesota shall be the party plaintiff and the United States the party defendant. The petition or petitions may be verified by the attorney employed by the said Indians to prosecute their claims, under contract to be approved by the Commissioner of Indian Affairs and the Secretary of the Interior, as provided by law, and no other verification shall be necessary.

SEC. 6.

Upon final determination of any suit hereunder the Court of Claims shall decree such fees and expenses as the court shall find to be reasonably due to be paid to the attorney or attorneys employed by the said Indians, and the same shall be paid out of any sum or sums of money found due said Pillager Bands: Provided, That in no case shall the fees decreed be in excess of 10 per centum of the amount of the judgment: Provided further, That the amount of any judgment shall be placed in the Treasury of the United States to the credit of the Pillager Bands of Chippewa Indians in Minnesota and shall draw interest at the rate of 5 per centum per annum and shall be thereafter subject to appropriation by Congress for educational, health, industrial, and other purposes for the benefit of said Indians, including the purchase of lands and building of homes, and no part of said judgment shall be paid out in per capita payments to said Indians.

Approved, March 3, 1931.

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