Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-06-08


payment of claims arising from Indian
depredations.
Be it enacted by the senate and house nr
representatives of the United States of
America in congress assembled, that in ad-
dition 10 the jurisdiction which now is or
may hereafter be, conferred upon the court
of claims, said court shall have and possess
jurisdiction and authority to inquire into
and finally adjudicate, in the manner pro-
vided in this act. al claims of the following
glasses. namely:
s"Sf All claims for property Of citizens of
the United States taken or destroyed by
Indians belonging 10 any band, tribe, or
nation. in amitY with the United States.
without Just cause or provocation on the
part of the owner or agent in charge, and
not returned or paid for.
> Such jurisdiction shall also extend TO
all cases which have been examined and
allowed by the interior department and
also to such cases as were authorized 10 DE
examined under the act of congress making
appropriations for the current and contin
gent expenses of the Indian department.
and for fulfilling treaty stipuiations with
various Indian tribes for the year ending
June 80. 1856. and for other purposes, ap-
proved March 3, 1885, and under Subse-
quent acts, subject, however, to the lin
itations hereinafter provided
3 All Just Offsets and counter claims to
any claim of either of the preceding classes
which may be before such court for deter
mutation.
sAeaec. .. That all questions of limitations
'aS to time and manner Of presenting claims
are hereby waived. and no claim shall be
excluded from the jurisdiction of the court
because not heretofore presented 10 the
secretary of the interior or other officer or
department of the government: Provided,
that no claim accruing prior 10 July /. 1865,
shall be considered by the court unless the
claim shall he allowed or has been or is
pending, prior to the passage of this act,
as,sEssstshe secretary of the interior or the
T0HgfesS CT the United States. or before
any superintendent. agent. Sub-agent or
commissioner. authorized under any act of
congress 10 inquire into such claims; but
10 case shall be considered pending unless
evidence has been presented therein: And
provided further, that all claims existing at
the time Of the taking effect Of this act
shall be presented to the court by petition,
as hereinafter provided within three years
after the passage hereof, or shall be there
after forever barred And provided
further. that no suit OF proceeding shall be
allowed under this ACT for any depreciation
W.xjftleshaiI be committed after the passage
lteefeOf
Sec. :: That al claims shall be presented
10 the court by petition setting forth III or
uIudlA ana COl4tISc Itlii1 uuSG. NIliioCl
necessary repetition. the facts upon which
such claims are based, the persons, classes
of persons, tribe or tribes, on band of
Indians by whom the alleged illegal acts
We're committed, as near as may be, the
property lost or destroyed, and the value
spsreof, and any other facts connected with
Ne Transactions and materials to the proper
adjudication of the case involved The Pc
1ition shall be verified by the affidavit of
claimant. his agent, administrator or attor-
ney. and shall be filed with the clerk Of said
court 1t shall sci forth the full name and
residence of the claimant. the damages
sought 10 be recovered. praying the court
for judgment upon the facts ana the law.
Sec. !. The service Of the petition shall
be made upon the attorney general Of the
United States III such manner as may be
provided by the rules of orders of said
court. II shall be the duty Of the attorney
general of the United States to appear aud
defend the interests of the government and
OF the Indians in the suit. and within sixty
days after the service of the petition upon
him. unless the time shall be extended Dy
order of the court made in the case. 10 file :.
plea. answer or demurrer on the part of the
government and the Indians, and TO file Il
notice of any counterclaim, set-Off, claim OF
damages. demand. or defense whatsoever of
the government or of the Indians i'll the
premises. Provided, that should the
attorney general neglect or refuse
TO file the plea. answer de
murder. or defense as required. the claim
ant may proceed with the case under such
rules as the court may adopt in the
premises. but the claimant shall not have
judgment for his claim. or for any part
thereof unless he shall establish the same
by proof satisfactory to the court: Pro
yided. that any Indian or Indians interested
in the proceedings may appear and defend,
by an attorney employed by such Indian or
Indians with the approval Of the commits
Sioner OF Indian affairs, II he or they snail
choose SO to do.
In considering the merits of claims pre-
scented to tine court, any testimony, affida-
siis reports OF special agents or other
Tficers. and such other papers as are now
on file in the departments or in the courts,
relating to any such claims, shall be con-
Sidered by the court as competent evidence
and such weight given thereto Us iii its
Judgment is right and proper: Provided,
that all unpaid claims which have hereto
fore been examined, approved, and al
lowed by the secretary OF the interior, or
under his direction. IN pursuance Of the act
OF congress making appropriations for the
current and contingent expenses Of the In
dian department and for fulfilling treaty
stipulationS with various Indian tribes, for
The wear ending June 30, 1855, and for other
sequent Indian appropriation acts, shall
have priority of consideration by such
court and judgments for the amounts
therein found due shall he rendered, unless
either the claimant or the United States
shall elect TO reopen the case and try the
same before the court. III which event the
testimony in the case given by the
witnesses and the the documentary evil
dence. including reports OF department
agents therein. may be read as depoS-
itionS and proofs: Provided. that the
party electing 10 reopen the case shall as
sumo the burden of proof.
Sec ) That the said court shall make
Iul 5 and regulations for taking testimony
in the CAUSES herein provided for, by deposi-
tion or otherwise. and such testimony shall
he taken in the county where the witness
resides, when the same can be conven-
iently done. ana no person shall be excluded
is q witness because ne is party TO or inter
ested in said suit. ana any claimant or party
in interest may be examined as q witness
On the part of the government; that the
court shall determine in each case the value
Of the property taken or destroyed at the
time and place of the loss or destruction.
and if possible the tribe of Indians or other
persons by whom the wrong was committed.
and shall render Judgment in favor of the
claimant or claimants against the United
States. and against the tribe of Indians
the wrong. when such tribe
can be identified.
Sec. &. That the amount Of any iudg- |
nent 50 rendered against any tribe of In !
lians shall be charged against the tribe by |
which. or by members of which the court 4
shall find that the depreciation was COM
uitted and shall be deducted and paid in