Page:United States Statutes at Large Volume 45 Part 1.djvu/1078

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SEV ENTI ETH CONG RESS . SEss. II. CHs. 31, 36 . 1928 .

1027 CHAP . 31 .-Joint Resolution Authorizing the payment of salaries of the officers and employees of Congress for December, 1928, on the 20th day of that month . Resolved by the Senate and House of Representatives of the United States o f America in Congress assembled, That the Secretary of the Senate and the Clerk of the House of Representatives are authorized and directed to pay to the officers and employees of the Senate and House of Representatives, including the Capitol police, the office of legislative counsel, and employees paid on vouchers under authority of resolutions, their respective salaries for the month of December, 1928, on the 20th day of that month . Approved, December 15, 1928 . Dec embe r 15, 192 8. [HI.J. Res. 346.] [Pub. Res., No. 72.] Co ngr es sio nal em- ployees, etc., to be paid December salaries De- cember 20, 1928 . CH A P . 36 .-An Act Conferring jurisdiction upon the Court of Cla ims to [I I . R . December

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464 .] . hear, examine, adjudicate, and enter judgment thereon in claims which the [Public, No. 638 .] Winnebago Tribe of Indians may have against the Un ited States, and for other purposes . Be it enacted by the Senate and House of Representatives of the Unite d States of A merica in Cong ress assemble d, That jurisdiction Winnebago Ind ia ns . be, and is hereby, conferred upon the Court of Claims, with the right Un Claims States ag sub- of appeal to the Supreme Court of the United States by either party m;81m . to Court of as in other cases, to hear, examine, and adjudicate and render judg- 12 Vol.10, p.1172; Vol . ment in any and all legal and equitable claims arising under or growing out of the treaty of February 27, 1855 (Tenth Statutes, page 1172), and the Act of February 21, 1863 (Twelfth Statutes, page 658), or arising under or growing out of any subsequent Act of Congress, Executive order, or treaty which said Winnebago Tribe of Indians, or any band thereof, 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 . SEC . 2 . Any and all claims agains t the United States within the Time for filing suit . purview of this Act shall be forever barred unless suit be instituted or petition filed as herein provided in the Court of Claims within three years from the date of the approval of this Act, and such suit shall make the Winnebago Indians, or any band thereof, party plaintiff and the United States party defendant . The petitions shall verification. b e verified by the attorney or attorneys employed to prosecute such claim or claims under contract with said Winnebago Indians ap- proved in accordance with existing law; and said contract shall be executed in their behalf by a committee or committees to be selected by said Winnebago Indians as hereinafter provided . Official letters, Evidence admitted . 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 of said Winnebago Indians to such treaties, papers, correspondence, and records as they may require in the prosecution of any suit instituted under this Act . SEC . 3 . In said suit or suits the court shall hear, examine, and Consideration of adjudicate a1hy claims which the United States may have against said count erclaims . Winnebago Indians, and any payment, including gratuities, which the U nited States may have made to said India ns prior to t he date of adjudication, shall not operate as an estoppel but may be pleaded as an offset in such suit . SEC . 4 . If it be d etermined by the court tha t the United S tates Decisionofcourtthat mo ney, etc ., have been in violation of the terms and provisions of any law, treaty, Execu- unlawfully taken, etc ., tive order, or agreement as provided in section 1 hereof, has unlaw- t menhereofhe value at f ully a ppropr iated or di sposed of an y mon ey or other proper ty belonging to the Indians, the damages therefor shall be confined