Page:United States Statutes at Large Volume 44 Part 2.djvu/848

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808 SIXTY-NINTH CONGRESS. Sass. I. Cn. 734. .1926. "°*-l“·P·22 or any subsequent Executive order, the Act of Congress approved April 15, 1874 (Eighteenth Statutes, page 28), or any subsequent Act of Con ess or agreement with said Crow In ian Nation, which said Cfow Indian Nation or any branch thereof may have against the United States, which claims have not heretofore been determined and ad`udicated on their merits by the Court of Claims ,,;',.‘;§““l°"°” °°“' or the Supreme Court of the United States; and_jurisd1ct1on is hereby conferred upon the said courts to determine whether or not any provision in any such treaty or Executive order has been _ violated or breached by any Act or_Acts of Congress or by any treaty made by the United States with any other Indian tr1be_ or nation, and if so, to render judgment for the damages resulting therefrom. Ti"‘°'°"mi“g· Src. 2. Any and all claims against the United States within the purview of this Act shall be forever barred unless suit_be instituted or petition filed as herein provided in the Court of Claims within five years from the date of approval of this Act, and such _ _ suit shall make the Crow Nation or . ribe party pdaintiH and the V°"°°“"°“*“°‘ United States party defendant. The petition s a be veriiied_by the attorney or attorneys employed to prosecute such claim or claims under contract with t e Crow Tribe of Indians, approved by the Commissioner of Indian Affairs and the Secretary 0 the Interior; and said contract shall be executed in their beha f by a committee chosen by them under the direction and approval of the Em d _, d Commissioner of Indian Affairs and the Secretary of the Interior. °“°° " me ’ Official letters, 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 Crow Indian nation to such treaties, papers, correspondence, or records as_1nay be needed by the attorney or attorneys of said S....t.. M 1¤<%¤·»¤ new- . . A . . . _ aousmettzs. Sac. 3. That if any claim or claims be submitted to said court it shall determine the ·rights of the parties thereto, notwithstanding lapse of time or statutes of limitation, and any pa ment which may Q t mx __, have been made by the United States upon any clraim so submitted `° °‘ I °' shall not be pleaded as an estoppel but may be pleaded as a set-oil` in any suit; and the United States shall be allowed credit subsequent to the date of any law, treaty or agreement under which the claims

iseH fork any iupli or sunisdheretofore paid or expended for the

_ ne to sai n ians,inc u in gratuities. ` ,,,3°'§},‘§‘,§§,‘,, §{c_,‘§§{§ Sac. 4. That if it be determéined by the court that the United ¤¤•3¤¤¤l¤**i¤¤Y ¤¤*=¤¤· States, in violation of the terms and rovisions of any law, treaty, etc., confined to the _ . gl . . value at me mem; agreement, or Executive order, set fort and referred to in section 1, {§§?,§§’§,°}°S° °u°w has unlawfully appropriated or disposed of any money or other propert belonging to the Indians, or obtained lands from the Crow Iihdians or an inade%uate consideration under mistake of fact, damages therefor shall e confined to the value of the mone or other prolperty at_ the time of such appropriation or disposal; Dmma (un mm? together wit interest thereon at 4 per centum per annum from mamcauceiagmnaer the date thereof, and with reference to all claims which may be °’““”’· the subject matter of the suits herein authorized, the decree of the court shall be ini full settlement of all damages, if any, committed by the Government of the United States and shall `annul and cancel all claim, right, and title of the said Crow Indians Mwmm, my mq in and to such money or other property. _ bygszcree Sec._5. Upon final determination of such suit or suits the Court '°` ‘ of Claims s allhave jurisdiction to iix and determine a reasonable fee, not to exceed 10 per centum of the recovery, together with all necessary and proper expenses incurred in preparation and prosecu- tion of the suit, to be paid to the attorneys employed by the said