Page:United States Statutes at Large Volume 47 Part 1.djvu/162

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138 Counter claims, sets. Proviso. Prlorityofpayments . 7oinder of other tribes . Proviso. 'Fees, etc ., to be in- cluded in Court decree . Disposition of bal- ance. 72d CONGRESS . SESS . I. CHS. 136, 137. APRIL - 25, 1932 . or certi fied copi es thereo f, may be used in evidence ; an d t he de par t- ments of the Government shall give access to the attorney or attor- neys of said Indians to such treaties, papers, maps, correspondence or reports as they may require in the preparation and prosecution of any suit or suits instituted under this Act . SEC. 3. In said suit or suits the court shall also hear, examine, con- sider, and adjudicate any claims which the United States may have against the said Indians or any of them, but any payment or pay- ments which have been made by the United States upon any such claim or claims shall not operate as an estoppel but nay be placed as an off-set in such suit or suits, and the United States shall be allowe d to p lead a nd sha ll be given credit for al l sums , incl uding gratuities, paid to or expended for any of said classes of Indians : Provided, however, That in any claim sued on by said Cherokees for any part of an interest-bearing fund upon which account - any payment or payments shall have been made, such payment or pay- ments shall first be applied to reduction or payment of interest earned to the date of such respective payments, and the balance, if any shall then be applied to reduce the interest-bearing principal, and not otherwise . SEC. 4. Any other tribes or bands of Indians the court may deem necessary to a final determination of any suit or suits brought here- under may be joined therein as the court may order : Provided That upon final determination of such suit or suits the Court of 6laims shall have jurisdiction to fix and determine a reasonable fee, not to exceed 10 per centum of recovery or recoveries, together with all necessary and proper expenses incurred in the preparation and prose- cution of such suit or suits, to be paid to the attorney or attorneys employed as herein provided -by the said Indians, and the same shall be inc luded in the decre e and shall be paid out o f any sum or sums adjudged to be due said Indians, or any of them, and the balance of such sum or sums shall be placed in the Treasury of the United States, where it shall draw interest at the rate of 4 per centum per annum, and be disposed of as provided by existing law . Approved, April 25, 1932. [CHAPTER 137 .] April 25,1932.

AN ACT [x .3088.] Relating to the construction of a Federal building at Ponca City, Oklahoma . [Public, No . 106.1 Be it enacted by the Senate and House o f Representatives o f the Ponca City, Okla . United States o f America in Congress assembled, That in the con- Federal building if or, structi on of the Fe deral buildi ng at Ponca C ity, O klahom a, aut hor- to provide facilities or District court. ized by an Act making appropriations to supply deficiencies in cer- tain appropriations (Public, Numbered 519, Seventy-first Congress), the Secre tary of t he Treasu ry is her eby autho rized to provide f acili- ties for the holding of terms of the District Court for the Western District of Oklahoma, provided that the total cost of said building, Costllmitation .

including the site, shall not exceed the sum of $250,000 heretofore_ appropriated and now available for such construction . Appr oved, April 25, 19 32 . tso in original .