Page:United States Statutes at Large Volume 45 Part 1.djvu/1079

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

1028

SEVENTIETH CONGRESS . SESS. II. CHs . 36, 39. 1928 . Decree a full settle- ment of all claims . Issue of process, etc . Appearance of Attor- ney General directed . Attor neys' f ees, etc ., by decree of court . Amount of judgment to be deposited to credit of the Indians . Costs against losing party . Provi t so . Cour expenses from triba l funds . Decem ber 20 , 1928 .

[H. R. 14801.]

CHAP . 39 .-An Act Making appropriations for the Treasury and Po st [Public, No . 639 .] Office Departments for the fiscal year ending June 30, 1930, and for other pur- poses. Be it enacted by the Senate and House o f Representatives o f the United States o f America in Congress assembled, TI TLE I-T REAS URY DEP ARTM ENT Treasury Depart- That the following s ums are appropriated, out of any money in the me nt appropriations, fiscal year 1930 .

Treasury not otherwise appropriated, for the Treasury Department for the fiscal year ending June 30, 1930, namely : Secretary's Office . to the value of the money or other property at the time of such ap- propriation or the disposal thereof ; and with reference to all claims which may be the subject matter of the suit herein authorized, the decree of the courts shall be in 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 said Winnebago Indians in and to such money or other property . SEC . 5 . The Court of Claims shall have f ull authority by proper orders and process to bring in and make parties to such suit any other tribe or band of Indians deemed by it necessary or proper to the final determination of the matters in controversy . SEC . 6 . A copy of the petition shall, i n such c ase, be served u pon the Attorney General of the United States, and he, or some attorney from the Depar tment of Justice to be designated by him , is hereby directed to appear and defend in the interest of the United States in such case . SEC . 7. Upon final determination of such suit the Court of Claims shall have jurisdiction to fix and determine a reasonable fee, not to exceed 10 per centum of the recovery, and in any event, not more than $25,000, togeth er with all necessary and proper expenses in- curr ed in pr eparatio n and pr osecution of the suit, to be paid to the attorneys empl oyed by the said tribe or bands of India ns, and the same shall be includ ed in the decree and shall be paid out of any sum or sums found to be due said tribe . SEC. 8. The amount of any judgment shall be placed in the Treasury of the United States to the credit of the said Indians and shall draw interest at the rate of 4 per centum per annum and shall be there- after subject to appropriation by Congress for educational, health, industrial, and other purposes for the benefit of said Indians, in- cluding the purchase of lands and building of homes, and no part of said judgment sha ll be paid out in per capita payments to said Indians . The costs incurred i n any suit hereunder shall be fixed against the losing party ; if against the United States such cos ts shall be included in the amount of the judgment or decree, an d if against said Indians shall be paid by the Secretary of the Treasury out of the funds standing to their credit in the Treasury of the United States : Provided, That actual cost necessary to be incurred by the Winnebago Ind ians as required by the rules of court in the prosecution of this suit shall be paid out of the funds of the Winne- bago Tribe in the Treasury of the United States . Approv ed, Dec ember 17, 192 8 . OFF ICE OF THE S ECRE TARY Secretary, ants, and . rotary , Assis tants

Sala ries : Secretary of the Treasury, $15,000 ;; Undersecretary of office personnel .

the Treasury, $10,000 ; three Assistant Secretaries of the Treasury, and other personal services in the District of Columbia, $146,275 ; in Pr••asoa,

all, $171,275 : Provided, That in expending appropriations or por-