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 136
April 25, 1932. | [S. 2405.] 47 Stat., 137.

An Act To confer Jurisdiction on the Court of Claims to hear and determine certain claims of the Eastern or Emigrant and the Western or Old Settler Cherokee Indians against the United States, and for other purposes1
Section 2 | 3 | 4

Margin Notes
Chap. 136 Cherokee Indiana in Oklahoma. Claims of Eastern or Emigrant, and Western or Old Settler Indians submitted to Court of Claims.
Chap. 136 Jurisdiction conferred. Statutes of limitation waived.
Chap. 136 Provisos. Joint or separate suits. Intervention in pending suits.
Chap. 136 43 Stat., 28, Vol. 4, 403.
Sec. 2 Petitions to be filed within six months.
Sec. 2 Verification.
Sec. 2 Evidence admitted.
Sec. 3 Counter Claims.
Sec. 3 Set-offs.
Sec. 3 Proviso. Priority of payments.
Sec. 4 Joinder of other tribes.
Sec. 4 Proviso. Fees, etc., to be included in Court decree.
Sec. 4 Disposition of balance.

Page 279

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all claims against the United States of the Eastern or Emigrant Cherokees, and the Western Cherokee or Old Settler Indians, so called, who are duly enrolled members of the Cherokee Tribe of Indians in Oklahoma, as classes, respectively, may be submitted to the Court of Claims, and jurisdiction is hereby conferred upon the Court of Claims, notwithstanding the lapse of time or statutes of limitation, to hear, examine, adjudicate, and render judgment in any and all legal and equitable claims arising or growing out of any treaty or agreement between the United States and the Cherokee Indians, or arising or growing out of any Act of Congress in relation to Indian affairs, which the said Eastern or Emigrant and Western or Old Settler Cherokees may have against the United States, 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 and paid in full: Provided, That said Eastern or Emigrant and Western or Old Settler Cherokee Indians may act together or as two bodies hereunder as they may be advised: Provided further, That the said Eastern or Emigrant and Western or Old Settler Cherokees may intervene in any suit or suits now pending in the Court of Claims under authority of the Act of Congress approved March 19, 1924 (43 Stat. L. 27, 28), in which the Cherokee Nation is party plaintiff and the United States party defendant.

SEC. 2.

Any and all claims against the United States within the purview of this Act shall be forever barred. unless suit or suits or intervening petition shall be filed, subject to amendment, however, as herein provided in the Court of Claims within six months from the date of approval of this Act and such suit or suits shall make the Eastern or Emigrant and/or Western or Old Settler Cherokees party or parties plaintiff and the United States party defendant. The petition or petitions shall be verified by the attorney or attorneys employed to prosecute such claim or claims under contract or contracts with the said Indians approved in accordance with existing laws, and said contract or contracts shall be executed in their behalf by a committee or committees selected by said Indians or provided by existing law. Official letters, papers, documents, and records, maps, or certified copies thereof, may be used in evidence; and the departments of the Government shall

182 Ct. Cls., 456 ; 566; 88 Ct. Cls., 452.

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give access to the attorney or attorneys of said Indians to such treaties, papers, maps, correspondence, or reports as they may require in the preparation and prosecution of any suit or suits instituted under this Act:

SEC. 3.

In said suit or suits the court shall also hear, examine, consider, and adjudicate any claims which the United States may have against the said Indians or any of them, but any payment or payments which have been made by the United States upon any such claim or claims shall not operate as an estoppel but may be placed as an off-set in such suit or suits, and the United States shall be allowed to plead and shall be given credit for all sums, including gratuities, paid to or expended for any of said classes of Indians: Provided, however, That in any claim sued on by said Cherokees for any part of an interest-bearing fund upon which account any payment or payments shall have been made, such payment or payments shall first be applied to reduction or payment of interest earned to the date of such respective payments, and the balance, if any, shall then be applied to reduce the interest-bearing principal, and not otherwise.

SEC. 4.

Any other tribes or bands of Indians the court may deem necessary to a final determination1 of any suit or suits brought hereunder may be joined therein as the court may order: Provided, That 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 recovery or recoveries, together with all necessary and proper expenses incurred in the preparation and prosecution of such suit or suits, to be paid to the attorney or attorneys employed as herein provided by the said Indians, and the same shall be included in the decree and shall be paid out of any sum or sums adjudged to be due said Indians, or any of them, and the balance of such sum or sums shall be placed in the Treasury of the United States, where it shall draw interest at the rate of 4 per centum per annum, and be disposed of as provided by existing law.

Approved, April 25, 1932.

1So in original.

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