The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-07-17
Instructing Claimants for Compen-
sation for Losses Sustained
in This Manner.
Provisions of the Act of Congress
Establishing the Court
OF Claims.
What claimants Must Do--Cases Already
ON File-Attorney Colby Coming
West to Assist.


sistant attorney general, in charge of the
Indian depreciation cases Ill the court of
claims, has Just issued the following impor-
tant circular to claimants ai.S. attorneys
This department, for the purpose of ex-
pedting actions for Indian depreciation
brought in the court of appeals under the
act of congress entitled, ''An act to provide
for the adjudication and payment of claims
arising from Indian depreciation" approved
March 3, 1891, desires to call the attention
of claimants and attorneys interested
therein to section of the act, which is as
follows:
''The service OF petition shall be made
upon the attorney general of the United
States in such manner as may be provided
by the rules or orders of said court. II
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 ice of the petition
upon him. unless tho time shall be extend
ed by order of the court made in the case.
to file plen, answer or demurrer on the
part of the government and the Indians,
and to file notice of any counter claim,
set-off claim of damages, demurrer or de-
fense Whatsoever of tine government or of
the Indians in the premises.
provided, that should the attorney gen
eral neglect or refuse to file the plea an
swer, demurrer or defense rs required, the
claimant 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.
provided, that any Indian or Indians
interested in the proceedings may appear
and defend by an attorney employ ed by
suoh Indian or Indians with the approval of
the commissioner of Indian affairs, if he or
they shall choose so to do.
I'm considering the merits of claims pre-
Bented to the court, any testimony, atfi-
davits, reports of special agents or other
officers, and such other papers as are now
on fle in the departments or in the courts,
relating to any such claims, shall be con-
sidered by the court Rs competent evil
dence, and such weight given thereto as in
its Judgment is right and proper.
"Providad that all unpaid claims which
have heretofore been examined, approved,
and allowed by the secretary of the in
terror, or under his direction, in pursuance
of the act of congress making app opria-
tions for the current and contingent ex-
penses of the Indian department., and for
fulfilling treaty stipulations with various
Indian tribes for the year ending June 30,
1886, and for other purposes, approved
March 3, 1886, and subsequent Indian ap-
preparation acts, shall have priority
OF consideration by each court, and
judgments for the amounts thereon
found due 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 the testi-
mony in the case given by the witnesses.
and the documentary evidence. including
M
may be read as dispositions and proofs. pro-
viding that the party electing to reopen
the case shall assume the burden of proof
MIR. Colby then goes on to say what
claimants must do: 1.-The claimant will be
required to state in his petition. if he
wishes his claim to have priority of CON
sideration. whether such claim has been
examined, approved and allowed by the
secretary of the interior or under his di-
rectlon, as In said section provided, and if
80 allowed, for what amount, the date
thereof and referring briefly to the letter,
report or document showing such action
"The petition should also state whether
the claimant desires Judgment for the
amount so allowed or elects to reopen the
case and try the same before the court. II
petition has already been filed which does
not contain the required allegations, it is
advisable that an amended petition be filed
at once complying Herewith. Unless the
claimants petition contain substantially Y
tho above facts. the case will not be placed
upon the docket of this Office for the pur-
pose of giving the same priority of consid-
eration by the court of claims at its next
term.''
Ii is learned that there arc now on the
docket of the court about 5000 cases, of
which 500 have already been made special.
1t ID also learned that Mr.. Colby himself
will soon visit Denver and number OF
other western cities for the purpose of rem
n cl i'm.
ants in the pl osecuton of their cases and
at the same time inform himself on the
subject, connected with the government'e
defense,