The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1888-08-16
INDIAN DEPRECIATION BILL,
How Those Who Have Suffered
From Indian Raids Will
Be Paid.
The Bill Passed by the House
and Pending in the
Senate.
Be Paid,

I'm the Senate of the United States, July "a,
lSSs. Read twice and referred TO the Committee
on Indi N Affairs.
AN ACT-To provide for the adjudication and
payment of claims arising from Indian depre-
dations.
Be 1t enacted by the senate and house of
representatives of the United States of
America IN congress assembled,
That the president is hereby authorized
to nominate, and, by and with the advice
and consent of the senate, to appoint three
commissioners, one of whom shall be
designated as chairman, and who shall
hold their offices until December 81, 1891,
when the same shall expire, and all the
functions and privileges thereof shall
cease. If either of said commissioners
shall not be so appointed during the pres
emit session of the senate, the president
may make such appointment during the
recess thereof, but the appointee shall
hold no longer than until the end of the
next session thereafter ensuing, during
which the president shall nominate to the
senate as aforesaid. In like manner any
vacancy subsequently occurring shall be
filled. Each commissioner SO ap-
appointed shall receive salary
at the rate of $4,000 per annum.
Each of said commissioners shall, before
entering upon the duties of his Office, take
and subscribe the oath required by law.
Section 2-That such commissioners
shall constitute court, to be known as
the "Oourt of Indian Depredations, and
as such shall possess jurisdiction and
authority to inquire into and adjudicate
in tho manner provided in this act, all
claims of the following classes, namely:
First-All claims for Indian depre-
dations authorized to be made or pre-
sented by any act of congress, remaining
in force, to the secretary of the interior
or to any other officer of the govern
ment.
Second-All claims by Indians, under
the protection of any treaty with the
United States, who, while residing and
being upon any lawful reservation pro-
vided for them, shall have suffered loss
of property through unlawful destruction
or taking by white men, or by Indians of
another tribe or nation then belonging to
the United States, and not authorized to
be upon the reservation where such de-
struotion or taking occurred.
Third-All just offsets and counter
claims to any claim of either of the pre-
ceding classes which may be before such
court for determination; the aforesaid
court shall not consider any claim which
has been heard and rejected by any de-
partment or Off ser of the government
authorized by law TO adjudicate the same
For such purposes, the said court shall
have authority to issue subpoenas for
witnesses, to be signed by its clerk or one
of said commissioners, and attested in the
name of the chairman; to make rules and
regulations, not inconsistent with law, to
govern the methods of procedure and
practice in and before such court the ap
pearauoe of parties in person or by at
torney, and all matters pertaining and
needful to the due performance of the
duties OF said court; and to preserve order
and punish for contempt. Such regrl l.
tions of practice shall be so prescribed as
to provide for the expeditions, just, and
fair disposition of such claims as may
come before the court, without unneces-
sary technicalities, according to the rights
of claimants upon the merits. No claim
ant shall be required to appear by at
torney, and every case submitted by the
claimant in person shall receive prompt
and careful consideration in its order.
But if any claim shall be prosecuted by
attorney, and whenever in the opinion of
the court the interest of the government
or Indians may require it, notice shall be
given by the court, in such form as it may
prescribe, to the encouragement of the
United States and it shall thereupon be
his duty to cause his appearance to be
entered on behalf of the government or of
the Indians charged with liability, and
thereafter properly to represent and de-
fend the interests involved.
Section 3-That the said court shall
hold its sessions in the city of Washing
ton, in the district of Columbia, and the
secretary O. the interior shall provide for
the said court, its clerks and employees,
hereinafter authorized, suitable rooms,
with necessary furniture, fuel, light, books
and stationery:
Provided, That whenever in the opinion
of said commissioners the interests of the
government may requireit the said court
may hold session or sessions at or near
the alleged site of the depredations for
which claim or claims are filed before
it. Two commissioners shall constitute
quorum for the transaction of business,
but no commissioner shall participate in
any hearing or proceeding in which he
has any pecuniary interest, directly or IL
directly, or in which he is of kin to any
claimant. docket of all claims, showing
the date of presentation, number, name of
claim ant, subject matter, amount of
claim, and the adjudication, and also
record of the proceedings of the court
shall be kept by 1.-The clerk. The said
court may appoint secretary, stenog-
rapher, and messenger, and, subject to
the approval of the secretary of the in
terror, such additional clerks as may be
from time to time found necessary. The
secretary shall receive salary of $4,000,
the stenographer salary of $1,000,
the messenger a salary of $40,
per annum; and additional clerks, if any,
such compensation as shall be fixed by
the secretary of the interior.
Section 4-That Immediately upon the
organization of said court the secretary
of the interior shall cause to be delivered
to it all papers, reports, evidence, and
proceedings now on file, or of record in
the department of the interior, or the
Office of the commissioner of Indian At
fairs, or the Office of the secretary of the
senate, or the Office of the clerk of the
house of representatives, and the secre-
tary of war shall, in like manner, deliver
all such papers, records, and proceedings