, 1876-06-24
CLAIMS FOR INDIAN DEPRE-
DATIONS.


There are in this Territory large
number of claimants on account OF
depredations committed by Indians
and our Delegate has been much
worried by the presentation to him
of such claims in an informal and
irregular manner which the Depart
ment will not consider. For the in
formation of such claimants we pub
lish the following rules adopted by
the Department of the Interior:
l. Application for indemnity or satis-
faction for the loss or injury sustained
must be made by the claimant. his
attorney or duly authorized agent, withla
three wears after the commission of
the depreciation or injury to the
United States Superintendent of Indian
Affairs, or Indian Agent or sub-agent
within whose jurisdiction or charge the
nation tribe. or band is to which the
offenders or depredators belong,
2. The necessary documents and
proofs must accompany the application
of the claimant, his attorney or agent,
and should be in legal form, and
consist =
First, OF the sworn declaration of
the claimant, setting forth when and
where the depreciation was committed,
and by what Indians. their tribe or
nation being named ; describing fully
the property stolen or destroyed, and
giving tie quantity of each article or
number, condition or quality thereof.
and the Just value of each article or
piece of property at the time the same
was taken or destroyed. Should the
depreciation have Keen committed while
the claimant was in the Indian country.
he must state whether he was lawfully
there, either license to trade with the
Indians, a passport, or a permit from
the proper Indian authorities, or was
en- route through said country to place
of ultimate destination at some polut
within the limits of any State or Terri
tory not included within the limits OF
the reservation for any nation or tribe
of Indians set apart by treaty provision,
or by executive oroer and he IN such
declaration must further state whether
anv OF the property so stolen or destroy
ed has subsequently been recovered by
him. the claimant and whether the
claimant has ct any time received part
compensation therefor, and if SO. how
much, when and from what source and
further. that the claimant has in no way
endeavored to obtain private satisfaction
or revenge.
Second, Of depositions of twr or
more persons having personal cosnl-
zance of the facts or any OF them, as
embraced in the declaration OF the
claimant, which depositions must set
forth the means of knowledge which
deponents have as to the fact Of the
depreciation, when, where. by what
Indians, and under what circumstances
the depreciation was committed, OF what
the property consisted that was so taken
or destroyed by the Indians. describing
it as fully as practicable, and stating the
value thereof. If the deponents or any
of them were at the time of the dep1e-
dation in the employment of the claim
ant it must be so stated, and in what
capacity. In addition to the foregoing
the claimant must show, by his own
evidence or that of other persons, that
at the time the depreciation was commit.
ted the property then stolen or destroyed
was benig properly guarded and cared
for, and that the loss thereof was not
occasioned by the negligence or careless
ness of himself or employees.
3. The testimony adduced by the
claimant must be taken before some
officer authorized by law TO administer
oaths or it may be taken before the
proper Superintendent of Indian Affairs,
Indian Agent or sub-agent. If taken
before a justice of the peace, the official
character of that person should be GER
titled by some proper officer empowered
thereurto. All llinterlinea,ions or changes
that it may be necessary to make in the
testimony of any person testifying IN
behalf of the claimant. either before or
at the signing of the same, must be duly
attested by the officer before whom the
testimony is sworn to and subscribed.
4. When tho application, documents
and proofs shall have been received by
the Superintendent of Indian Affairs.
Indian Agent or sub-agsnt, said officer
shall carefully investigate the case
shall ascertain, by inquiry Of reliable
persons, from advertised prices or other
wise, whether the prices fixed by the
claimant upon the articles of property
mentioned in the claim are just and fair
as compared with the market prices
ruling at the time in the State or Terri
tory in which the depreciation was COM
mitted, with due allowance for enhance
ment of price by reason of transporta-
ton and. where it is possible to procure
it. said officer shall, if deemed advisble.
take testimony as to the credibility of
the claimant, or of any person testifying
in his behalf and also respecting the
statements set forth in the application,
documents, and proofs submitted by the
claimant. Upon the performance of this
duty, the Superintendent. Indian Agent
or sub-agent will, without necessary
delay, present the case to the proper
nation or tribe assembled in council,
according to the custom of snch nation
or tribe, and, after fully explaining it to
them, be will then and there demand
satisfaction for the claimant. If within
a reasonable time the nation or tribe
shall not have complied with such
demand, the fact of the depreciation by
some of their people being admitted in
such council, or if they deny the charge