Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-06-11
Mrs. r. p. Modrall, gainesville, NAS %
.NisAsASsfy Terrell, 9anbury, MaySl.
*Nr. GeHes B. Ro9 Galveston, ghne 5
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INBfAN CLAIMS. !
TEXT OF THE ACT TO PROVt0
FOR THE PAYMENT
OF Claims Against the United States Aris-
ing from Indian Depredations-Of
Interest to Many Texans.

| An act to provide for the adjudication and
| payment of claims arising from Indian
| depredations.
BE it enacted by the senate and house of
| representatives OF the United States of
America in congress assembled, that in ad-
| dition to 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, all claims of the following
| classes, namely:
| /. All claims for property of citizens Of
| the United States taken or destroyed by
Indians belonging to 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, aud
| 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 to be
! 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
I various Indian tribes for the year ending
June 30, 1856. and for other purposes, ap-
! proved March 3, 1885, and under subse-
| quent acts, subject, however, to the linn
! itations hereinafter provided.
| 3. All Just offsets and counter claims to
any claim of either of the precedingnclasses
| which may be before such. court for deter
| mination.
Sec 2. 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 TO the
| secretary of the interior or other officer or
department of the government: Provided,
that no claim accruing prior TO July l, 1865,
shall be considered by the court unless the
claim shall be allowed or has been or is
pending, prior to the passage of this act,
before the secretary of the interior or the
! congress of the United States, or before
any superintendent. agent, Sub-agent or
commissioner, authorized under any act of
| congress TO inquire into such claims: but
| no case shall be considered pending unless
evidence mas 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 or proceeding shall be
allowed under this act for any depreciation
which shall be committed after the passage
thereof
Sec >. That all claims shall be presented
To the court by petition setting forth in or
binary and concise language, without I'M
necessary repetition, the facts upon which
such claims are based, the persons, classes
of persons, tribe or tribes, or band of
Indians by whom the alleged Illegal acts
were committed, as near as may be, the
property lost or destroyed, and the value
thereof, and any other facts connected with
the transactions and materials to the proper
adjudication of the case involved. The pc
tition shall be verified by the affidavit of
;cf,. +n,.f ars
ney, and shall be filed with the clerk of said
court II shall set forth the full name and
residence of the claimant, the damages
sought TO be recovered, praying the court
for Judgment upon the facts and the law
Sec 4. The service of the petition shall
be made upon the encouragement of the
United States in such manner as may be
provided by the rules of orders of said
court It shall be the duty of the attorney
general of the United States to appear and
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 by
order of the court made in the case, to file
plea answer or demurrer on the part OF the
government and the Indians, and to file
notice of any counterclaiDl, Set-off, claim of
damages, demand, or defense whatsoever Of
the government or Of the Indians in the
premises. Provided, that should the
attorney SeuCEdl VI ISiuSe
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
iudSnent for his claim, or for any part
thereof, unless he shall establish the same
by proof satisfactory to the court: Pro-
vided, that ony 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, If he or they shall
choose so to do.
In considering the merits of claims pre-
scented to the court, any testimony, affida-
Wits. reports of special agents or other
officers 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 as in 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 year ending June 50, 1886, and for other
purposes, approved March 3, 1885, and sub
sequent Indian appropriation acts, shall
have priority of consideration BY such
court, and judgments for the amounts
therein found dne shall be rendered unless
either the claimant or the United States
shall elect to reopen the case and try the
same before the court, in 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