Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-04-06

payment or approval ofsuch claime,-makes,
uses. or causes to be made or used-any
false bill, receipt. voucher, roll, account,
claim, certificate, affidavit or deposition
knowing the same to contain any fraudulent
or fictitious statement or entry; every per
son 90 offending commits a criminal offence.
And the second count Of the indictment has
reference to this specific offence last read
and as it is stated in the second part of the
statute.
You will observe that these enactments
%ofcongress have essential reference to claims
upon or against the government Of the
United States. 1t therefore becomes neces.
sary to consider what is q claim? The law
in question makes use of the words "any
claim - that is to say, anv claim made or
presented by any person in such service for
either approval or payment, to any person
or officer in the civil. military or naval SER
vice of the United States. The claim re-
ferred 10 must be either upon or against the
government or sny department or officer
thereof.
A claim is defined by Webster to be a de.
mand of . right or supposed right a calling
on another for something due or supposed to
be due u right to claim or demand a title
to any debt, privilege, etc.
A demand is the asking or the seeking
for what 10 due or claimed to be due OF, q
hing or amount claimed to be due.
In . just legal sense a claim is a demand
of some matter as of right, made by one
person or party, upon another party-to do
or to forbear to do some act or thing as a
matter Of duty.
A claim may, therefore, be said to be the
assertion Of liability to the party making
it upon the other party, to do some act or
thing asa matter Of duty, as to pay a SUN
of money, or to allow . credit upon an ex.
listing liability or account.
Between " parties there may be a just
claim ON the one side did a just claim on
the other side, in opposition to the other.
The latter 10 termed a Counter claim"
And under the words used in the statute, to
Wit "any claim" is assuredly included any
counter claim; for the latter is clearly a
we'll known, az we'll as . legally recognized,
kind of claim.
1t would be doing violence to the statue
to hold otherwise. "Any claim" must mean
aud does embrace, the class OF kind known
a. counter claims, of which nature il the
one alleged in the indictment. As agent or
trustee, the defendant (as you have SEEM
was charged OF debited with such property
Of the United States as came into his hands
and, 40 he gave out or distributed this prop
erty to the Indians, he had a claim or de
msnd or counter claim, as a matter of right,
upon the government for the amount of
property no distributed. He would thereby
be entitled to q credit, as his counter claim
should or might, be made or presented, as
provided by law or BY the regulations made
50 vo,,..r,n~n~ Hko,oof Al se ,.L .l:-, II
his was just and correct, then it became a
matter of duty, on the part of the govern
ment, BY its proper officer or officers, to ap-
prove it and to allow credit for it.
Moreover, it is provided by act of con-
grese, that whenever the issue of food, cloth
ing, or supplies of anv kind to Indians is
provided for, it shall be the duty of the
agent issuing the same, at such issue there.
Of, whether it be both Of food and clothing,
or either of them, or of any kind of supplies,
to report to the com missioner Of Indian at
fairs, the number OF Indians present and
actually receiving the same. Thus such re.
port az just stated, is required by act Of
congress. apart from any mere rules or reg
ulations. And the president, or the secre.
tary of the interior, or the commissioner of
Indian affairs, or the superintendent Of
Indian affairs, has the power and authority
10 make such rules or regulations, with re-
gard to Indian agents aud their duties, as
are not inconsistent with law. Hence the
pamphlets or books Of instructions and reg
which have been given in evil
dence.
While the secretary of the interior is
with the supervision of public BUSH
ness, relating to the Indians and the inter-
with them, yet there is in the depart
neDt of the interior q certain officer named
he commissioner of Indian affairs, whose
luty it is (under the direction of the secre-
AIRY, and agreeably to such regulations as
he president may prescribe,) to have the
Management Of all Indian affairs, and Of all
matters arising out Of Indian relations.
And the act ofconRress prescribes that all
and vouchers for claims and dis |
,ursments connected with Indian affairs shall |
'e transmitted to the commissioner Of Indian !
for administrative examination, and I
y him passed TO the proper accounting off. |
of the department Of the treasury for set
Thus, again, it is seen that all accounts
md vouchers for claims and disbursements
N the part Of Indian agents. are required
v w uAicSAOucI IOE SUCH
examination.
All such accounts and vouchers must first /
o to, or be presented to that officer or his
luly authorized subordinates or agents.
They 60 there for the purpose of admin.
examination ; and ii they stand the
cot Of that scrutiny, they are approved, and
hen passed over to the proper officer Of the
reasury for settlement.
But rs to the criminal onense under
consideration, and with the commission of
1hich the defendent stands charged in the |
count Of the indictment. if such claim az
be made or presented even for ap.
'roval alone. it comes within the purview
the statute. The statute does not use the
words presented for settlement or pay.
nent )" but presented for payment or ap-
tits in the distinctive. and either
itself is sufficient.
In the presentation Of the claim, it is no
'xcuse that the Indian agent is required BY
Az or the regulations 10 make it, or present
{; and it is no excuse that be is thereby
10 present bis claims or counter
,laims At stated periods.
When he accepts the Office or assumes
he trust he voluntarily consents to trans.
or present his claima for dishnrsm.n,s