INDIAN AFFAIRS: LAWS AND TREATIES

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

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


Home | Disclaimer & Usage | Table of Contents | Index

PRIVATE ACTS OF THE SEVENTY-THIRD CONGRESS, SECOND SESSION, 1934
Chap. 39  |  Chap. 58  |  Chap. 450  |  Chap. 451  |  Chap. 457  |  Chap. 462  |  Chap. 507  |  Chap. 525  |  Chap. 645  |  Chap. 784  |  Chap. 825  |  Chap. 837  |  Chap. 854  |  Chap. 858  |  Chap. 861  |  Chap. 870

Page Images




Chapter 870
June 28, 1934. | [S. 3517.] 48 Stat., 1467.

An Act Authorizing the Court of Claims to hear, consider, adjudicate, and enter judgment upon the claims against the United States of J.A. Tippit, L.P. Hudson, Chester Howe, J.E. Arnold, Joseph W. Gillette, J.S. Bounds, W.N. Vernon, T.B. Sullivan, J.H. Neill, David C. McCallib, J.J. Beckham, and John Toles 1
Section 2 | 3 | 4 | 5

Margin Notes
Chap. 870 Choctaw Indians. Certain claims against, to be heard, etc., by Court of Claims.
Chap. 870 Provisos. No Federal obligation to be created.
Chap. 870 Court jurisdiction limited.
Chap. 870 32 Stat., 641, vol. 1, 771; 34 Stat., 140; vol. 3, 169.
Sec. 2 Petition to be filed.
Sec. 2 Statements to accompany.
Sec. 2 Statement of amount claimed.
Sec. 3 Review of court's decree by Supreme Court.
43 Stat., 939.
Sec. 4 Attendance of Attorney General, etc.
Sec. 5 34 Stat., 140, vol. 3, 169.
Sec. 5 Depositions, etc., to be admitted in evidence.

Page 402

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Court of Claims is hereby authorized to hear, consider, and adjudicate the claims against the United States of J.A. Tippit, L.P. Hudson, Chester Howe, J.E. Arnold, Joseph W. Gillette, J.S. Bounds, W.N. Vernon, T.B. Sullivan, J.H. Neill, David C. McCallib, J.J. Beckham, and John Toles for services rendered and expenses incurred in connection with the identification, enrollment, removal, allotment, and subsistence of Mississippi Choctaw Indians to enable them to acquire citizenship in the Choctaw Nation of Oklahoma, and to render judgment therein in such amount as may be found to be legally or equitably due each claimant, after deducting such sum or sums the claimant may have collected or received from the Indian or Indians benefited by the said services or expenses: Provided, That nothing herein contained shall be construed to create any obligation not heretofore existing in law or equity against the United States in its governmental capacity or as trustee for the individual Indians receiving the benefit of such services and/or expenses: Provided, further, That the jurisdiction hereby conferred shall be limited to claims for services rendered and expenses incurred on behalf only of such Indian or Indians as were enrolled as citizens of the Choctaw Nation under the provisions of the Choctaw-Chickasaw supplemental agreement approved by the Act of July 1, 1902, and ratified by the Choctaws and Chickasaws on September 25, 1902 (32 Stat. 641, 651-652), and the provisions of this Act shall not be construed as authorizing the consideration or adjudication of any claim for services rendered and expenses incurred on behalf of any person not so enrolled.

SEC. 2.

No claim herein authorized to be submitted to the Court of Claims shall be heard or adjudicated by the court unless a petition duly verified by affidavit of the claimant or by his heirs, executors, or administrators, or by his or their agent or attorney, shall be filed within one year from the date of this enactment, failing in which the claim shall be forever barred. The petition shall fully set forth the claim, what persons are owners thereof or interested therein, and when, and upon what consideration, such persons became so interested. The petition shall further set forth that no assignment or transfer of said claim or any part thereof or interest therein has been made, except as set forth in the petition; that the claimant is justly entitled to the amount therein claimed from the United States after allowing all just credits and offsets, and that the petitioner believes the facts as stated in the petition are true. The said petition shall contain an itemized statement of the amount or amounts claimed to be due, together with a full accounting for all sums had and received from the Indian or Indies- benefited by the services rendered and expenses incurred.


183 Ct, Cls., 79.


Page 403

SEC. 3.

All judgments and decrees entered by the Court of Claims under the provisions of this Act shall be subject to review by the Supreme Court as provided in section 3 of the Act of February 13, 1925 (43 Stat. 936, 939).

SEC. 4.

The Attorney General, or his assistants under his direction, shall appear for the defense and protection of the interests of the United States in all actions filed in the Court of Claims under the provisions of this Act, with the same power to interpose counter-claims, offsets, defenses for fraud practiced or attempted to be practiced by claimants, and other defenses, in like manner as he is required to defend the United States in other suits in said court.

SEC. 5.

That in the hearing of any suit or suits brought in said court under the provisions of this Act the Court of Claims is hereby authorized to admit in evidence with such weight as to the court may seem proper all depositions and other competent evidence introduced in evidence and constituting a part of the record in said court in the case entitled "Estate of Charles F. Winton and others against Jack Amos and others", docket numbered 29821.

Approved, June 28, 1934.


Search | OSU Library Electronic Publishing Center

Produced by the Oklahoma State University Library
URL: http://digital.library.okstate.edu/kappler/

Comments to: lib-dig@okstate.edu