Chapter 459. Conferring jurisdiction upon the Court of Claims to hear, examine, adjudicate, and enter judgment in any and all claims, of whatever nature, which the Kansas or Kaw Tribe of Indians may have or claim to have, against the United States, and for other purposes
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CHAP. 459.— An Act Conferring jurisdiction upon the Court of Claims to hear, examine, adjudicate, and enter judgment in any and all claims, of whatever nature, which the Kansas or Kaw Tribe of Indians may have or claim to have, against the United States, and for other purposes. March 3, 1925.[[H. R 9062](/us/bill/68/hr/9062).][[Public, No. 577](/us/pl/68/577).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * That jurisdiction be, and is hereby, conferred upon the Court of Claims, notwithstanding Kansas or Kaw Indians.Claims of, against United States to be adjudicated by Court of Claims. the lapse of time or statutes of limitation, to hear, examine, and adjudicate and render judgment in any and all legal and equitable claims which said Kansas or Kaw Tribe of Indians may have or claim to have against the United States, growing out of or arising under any treaty or agreement between the United States and the Kansas or Kaw Tribe of Indians, or arising under or growing out of any Act of Congress in relation to Indian affairs, which claims have not heretofore been determined and adjudicated on their merits by the Court of Claims or the Supreme Court of the United States: 1134*Proviso*.No jurisdiction of claims before Kaw Commission of 1902, except the surplus land claim.*Provided, however*, That the provision of this Act shall not be construed to confer jurisdiction upon the court to hear, consider, and adjudicate any claim presented to and considered by the Kaw Commission under the provisions of section 12 of the Act of Congress of July 1, 1902 (Thirty-second Statutes, pages 636), saving and excepting the claim known as the surplus land claim of the Kansas or Kaw Tribe of Indians, which said claim is expressly included in this Act, and jurisdiction to consider the same is hereby conferred.
Sec. 2. Time for filing. 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 Kansas or Kaw Tribe of Indians party plaintiff, and the Procedure.United States party defendant. The petition shall be verified by the attorney or attorneys employed to prosecute such claim or claims under contract with the Kansas or Kaw Tribe of Indians approved by the Commissioner of Indian Affairs and the Secretary of the Interior; and said contract shall be executed in their behalf by a committee chosen by them under the direction and approval of the Commissioner of Indian Affairs and the Secretary of the Interior, and [R.
S., secs. 2103–2105, p. 367](/us/rs/s2103–2105/p367).Evidence admitted.such contract shall be executed and approved as required by section 2103–5 of the Revised Statutes of the United States. 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 Kansas or Kaw Tribe of Indians to such treaties, papers, correspondence, or records as may be needed by the attorney or attorneys of the Kansas or Kaw Tribe of Indians.
Sec. 3. Counterclaims allowed. In said suit the court shall also hear, examine, consider, and adjudicate any claims which the United States may have against said Kansas or Kaw Tribe of Indians, but any payment which may have been made by the United States upon any claims against the United States shall not operate as an estoppel, but may be pleaded as an offset in such suit. Sec. 4. Appeal to Supreme Court. That from the decision of the Court of Claims in any suit prosecuted under the authority of this Act, an appeal may be taken by either party as in other cases to the Supreme Court of the United States.
Sec. 5. Attorneys’ fees by decree of court. That upon the final determination of any suit instituted under this Act, the Court of Claims shall decree such amount or amounts as it may find reasonable to be paid the attorney or attor-neys so employed by said Kansas or Kaw Tribe of Indians for the services and expenses of said attorneys rendered or incurred subsequent *Proviso*.>Limitation.to the date of approval of this Act: *Provided*, That in no case shall the aggregate amounts decreed by said Court of Claims for fees be in excess of the amount or amounts stipulated in the contract of employment, or in excess of a sum equal to 10 per centum of the amount of recovery against the United States, and in no event shall such fees exceed the sum of $25,000.
Sec. 6. Issue of orders and process. The Court of Claims shall have full authority by proper orders and process to bring in and make parties to such suit any or all persons or tribes or bands of Indians deemed by it necessary or proper to the final determination of the matters in controversy. Sec. 7. Appearance of Attorney General directed. A copy of the petition shall, in such case, be served upon the Attorney General of the United States, and he, or some attorney from the Department of Justice to be designated by him, is hereby directed to appear and defend the interests of the United States in such case.
Approved, March 3, 1925.