Page:United States Statutes at Large Volume 46 Part 1.djvu/1077

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1034 Evidence . Counterclaims au- tho rized . Setoffs . Joining of others as parties . Precise . Attor neys' fees to b e included in court de- cree . Balance to credit of Indians, for their bene- fit . No per cap ita pa y- ments. December 23, 1930 . [H. J. Res . 2i3 .] [Pab. Res., No . 113.1 Congress of Military Medicine and Phar- macy, Budapest . Sum authorized for part icipa tion e xpens es . Post, p . 1579. Contracts without adver tisin g . R.S,sec. 3709, p.733, wai ved . U.S. C.,p. 1309. SEVENTY-FIRST CO NGRESS . SEss . III. CHs. 23, 24. 1930 . Official letters, papers, documents, records, maps, historical works, and affidavits in official files, or certified copies thereof, may be used in evidence and the departments of the Government shall give access to the attorney or attorneys of the said Indians to such treaties, papers, maps, correspondence, reports, documents, or affi- davits as they may require in the presentation or prosecution of any suit or suits instituted under this Act . SEC. 3 . In the said suit or suits the court shall also hear, examine, consider, and adjudicate any claims which the United States may have against the said Indian tribe or bands thereof, or any of them, and 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 pleaded as an of fset in such suit or suits, as may gratui- ties, if any, paid to or expended for said Indian tribe or bands or either of them . SEC . 4. Any band of Indians associated with the Warm Springs Tribe of Indians deemed necessary to a final determination of any suit or suits brought hereunder may be joined therein as the court may order : Provided, That u pon final det ermination of the court of any 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 amount secured, to be paid the attorney or attorneys em- ployed as herein provided, together with all necessary and proper expenses incurred in the preparation and prosecution of such suit or suits to be paid the attorney or attorneys employed herein as provided, and such fee or fees and such expense or expenses shall be included in the decree, and shall be paid out of any sum or sums adjudged to be due said tribe or bands or either of them ; and the balance of such sum or sums shall be placed in the Treasury of the United States to the credit of such tribe or bands, where it shall draw interest at the rate of 4 per centum per annum, and shall be subject to appropriation by the Congress of the United States for educational, health, industrial, and other purposes for the benefit of sai d Indians, in cluding the p urchase of l ands and buil ding of homes, and no part of said judgment shall be paid out in per capita payments to said Indians . Approved, December 23, 1930 . CHAP. 24 .-J oint Resol ution To provide for the expe nses ofa deleg ation of the United States to the sixth meeting of the Congress of Military Medicine and Phar macy to be held at Budapest in 1931 . Resolved by the Senate and House of Representatives of the United States o f Am eri ca in Congress assembled, That there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sum, not exceeding $10,000, as may by t he President be considered necessary f or the expenses of participat ion by the U nited States through deleg ates appointed by the President in the Sixth International Congress of Military Medicine and Pharmacy to be held at Budapest or such other place as may be determined upon, including travel expenses, subsistence or per diem in lieu thereof (notwithstanding the provi- sions of any other Act ), compensat ion of employ ees, stenogra phic and other services by contract if deemed necessary (without regard to the provisions of section 3709 of the Revised Statutes), purchase of necessary books and documents, printing and binding in the Dis- trict of Columbia or elsewhere, official cards, and such other expenses as the President may deem necessary . Approved, December 23, 1930 .