694 FIFTIETH CONGRESS. Sess. II. CHS. 237, 238. 1889. same; and for that purpose sufficient land for the construction and maintenance of the same, not to exceed, however, one thousand acres and not to interfere with any buildings or improvements on said respmmo. ervation; Provided, however, That the said company shall supply wmrrorrortmw- the garrison, gardens, and orchards of Fort Lowell, free of charge, - °“ such quantities of water as may be required for irrigating purposes, · not to exceed one hundred m1ner’s inches, and the location of the said canals and water-ways to be subject to the approval of the Secretary of War. Approved, February 25, 1889. February 5, 1889. CHAP. 238.-An act to authorizeCou1*t of Claimsto hear, determine, and render
- —"——‘;"" final judgment upon the claim of the Old Settlers or Western Cherokee Indians
Be it enacted by the Senate and House of Representatives of the 0 (m United States of America in Congress assembled, That the Claim of °'7'j_·(,r,,,,,,,,,,,?,,;$,,,,; bi that part of the Cherokee Indians, known as the Old Settlers or C0"" °* Cl¤*¤=¤· Xfeitern Clherokeez, aégaénsggshe {United Siatps, which cmim was se; or in the repor o the cre ary o the nterior to on ress o February third, eighteen hundred and eighty-three (said reiort bev¤L2s,p.:¤s. inglmadle under pct ofi Congress pif August seventllg eighteen giindped an ei · o , an containe in xecutive ocument um er Sixty §f the second session of the Forty-seventh Congress, be, and the same hereby is, referred to the Court of Claims for adjudication; and jurisdiction ishereby conferred on said court to try said cause, and to determine what sum or sums of money, if any, are justly due from the United States to said Indians, arising from or growing out of treaty stipulations and acts of Congress relating thereto, after deducting all payments heretofore actually made to said Indians by the United States, either in money or property; and after deducting all offsets, counter-claims, and eductions of any and every kind and chirrlacter which should be allowed (itc the United1States under any v 1 provision or rovisions in said treaties and laws contained, or to which the United States may be otherwise entitled, and after fully considering and determining whether or not the said Indians have gprptofore) adjulslted and tsettle? ttheir said claim with the United a es, it eing e inten ion o is act to a low the said Court of Claims unrestricted latitude in adjusting and determining the said
sodthpt tlael riights, legal} anfl lsiquitable, both of the United
‘ es an 0 said n ians ma ie `u r considered and determined; and to try and determine all eiuestiousbthat may arise in such cause on behalf of either party thereto and render final judgment thereon; 3 Acwmey-eeuemuo and the Attorney·General is hereby directed to appear in behalf of "°°"‘ the Government; and if said court shall decide against the United ‘ States, the Attorney-General shall, within sixty days from the ren- Apyan. dition of judgment, appeal the cause to the Supreme Court of the United States: and from any judgment that may be rendered. the P¤¤·f¤·>¤· said Indians may also appeal to said Supreme Court: Provided, That Time for sppmn thpupppeal of said Icpdianstshalf begaken gvithni sixty days after the 1 iono said ju gmen ,an< sai. cour ss ia ive suc 1 cause ire- { liability mn cedence; Provided further, That nothing in this sit shall be accegted · or construed as a confession that the Government of the United States is indebted to said Indians. Form or mum Sec. 2. That said action shall be commenced by a etition stating the_facts_on which said Indians claim to recover, and) the amount of their claim ; and said petition may be verified by the authorized _ agent or attorney of said Indians as to the_ex:lstence of such facts, gpdplo other statement need be contained in said petition or verifi- Approved, February 25, 1889.
