Chapter 724. Authorizing the Citizen Band of Pottawatomie Indians in Oklahoma to submit claims to the Court of Claims
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CHAP. 724.— An Act Authorizing the Citizen Band of Pottawatomie Indians in Oklahoma to submit claims to the Court of Claims.July 2, 1926.[[S. 1963](/us/bill/69/s/1963).][[Public, No. 449](/us/69/pl/449).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Pottawatomie Indians, Okla.Claims of Citizen Band of, to be adjudicated in Court of Claims.Vol. 15, p. 531. That jurisdiction is hereby conferred on the Court of Claims with the right of appeal to the Supreme Court of the United States by either party as in other cases, notwithstanding the lapse of time or statutes of limitation, to hear, examine, and adjudicate and render judgment in any and all legal and equitable claims arising under or growing out of the treaty of February 27, 1867 (Fifteenth Statutes at Large, page 531), or arising under or growing out of any subsequent Act of Congress in relation to Indian affairs which said Citizen Band of Pottawatomie Indians of Oklahoma may have against the United States, which claims have not heretofore been determined and adjudicated by the Court of Claims or the Supreme Court of the United States.
Sec. 2. Any and all claims against the United States within theTime tor filing. purview of this Act shall be forever barred unless suit or suits be instituted or petition filed as herein provided in the Court of Claims within five years from the date of the approval of this Act, and such suit or suits shall make the Citizen Band of Pottawatomie Indians of Oklahoma party plaintiff and the United States party defendant. The petition shall be verified by the attorney or attorneys employedVari fits lion, etc. to prosecute such claim or claims under contract with the said Citizen Band of Pottawatomie Indians approved in accordance with existing law; and said contract shall be executed in their behalf by a committee or committees to be selected by said Citizen Band of Pottawatomie Indians.
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 Citizen Band ofEvidence admitted. Pottawatomie Indians to such treaties, papers, correspondence, or records as they may require in the prosecution of any suit or suits instituted under this Act. Sec. 3. In said suit or suits the court shall also hear, examine,Consideration of counterclaims. consider, and adjudicate any claims which the United States may have against the said Citizen Band of Pottawatomie Indians, but any payment or payments which may have been made by the United States upon any such claim shall not operate as an estoppel, but may be pleaded as a set-off in such suit or suits, as may any gratuities paid to or expended for said Indians subsequent to February 27, 1867.
Sec. 4. The court shall join any other tribe or band of IndiansJoining of other tribes.Attorneys’ fees, etc., by decree of court. that may be necessary to a final determination of any suit brought under this Act. Upon the final determination of such suit or cause of action, the Court of Claims shall have jurisdiction to decree the fees to be paid to the attorney or attorneys, not to exceed 10 per centum of the amount of the judgment, if any, recovered in such cause, and in no event to exceed the sum of $25,000, together with all necessary and proper expenses incurred in preparation and prosecution of the suit, to be paid out of any judgment that may beBalance of judgment to credit of Indians in the Treasury. recovered, and the balance of such judgment shall be placed in the 802United States Treasury to the credit of the Indians entitled thereto, where it shall draw interest at the rate of 4 per centum per annum or be paid direct to the Indians in the discretion of the Secretary of the Interior.
Approved, July 2, 1926.