Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-06-11
party electing to reopen the case shall as
sumo the burden of proof.

party electing to reopen the case shall as
sumo the burden of proof
Sec s. That the said court shall make
rul)s and regulations for taking testimony
in the causes herein provided for, by deposit
ton or otherwise, and such testimony shall
be taken in the county where the witness
resides, when the same can be conven-
iently done, and no person shall be excluded
as a witness because he is party to or inter-
ested in said suit. and any claimant or party
in interest may be examined IS a 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
committing the wrong, when such tribe
can be identified.
Sec. 6. That the amount Of any judg-
ment so rendered against any tribe of In
dams shall be charged against the tribe by
which, or by members of which, the court
shall find that the depreciation was COM
mitted, and shall be deducted and paid in
the following manner: First, from annu-
tiles due said tribe from the United States :;
second, il no annuities are due or available,
then from any other funds due said tribe
from the United States, arising from
the sale of their lands or otherwise; third,
if no such funds are due or available, then
from any appropriation for the benefit of
said tribe, other than appropriations for
their current and necessary support, sub
sistence and education: and, fourth, if no
such annuity, fund or appropriation is due
or available, then the amount of the
Judgment shall be paid from the treasury
-
amount so paid from the treasury of the
United States shall remain a charge against
such tfibe, and shall be deducted from any
,annyfy, fund or appropriation hereinbefore
kdesEnated which may hereafter become
bye from the United States to such tribe.
E<Sec. z. That all judgments of said court
shall be final determination of the causes
decided and of the rights and obligations of
the parties thereto and shall not thereafter
be questioned unless new trial or rehear-
ing shall be granted by said court, or the
judgment reversed or modified upon appeal
as hereafter provided.
Sec. s. That Immediately after the be-
ginning Of each session of congress the at
torney-general of the United States shall
transmit to the congress of the United
States list of all final judgments rendered
in pursuance of this act, in favor of claim
ants and against the United States, and
not paid as hereinbefore provided which
shall thereupon be appropriated for in the
proper appropriation bill.
Sec. 9. That all sales, transfers or assign
ments of any such claims heretofore or
hereafter made, except such as have oc-
Cured in the due administration of
decedents' estates, and all contracts
heretofore made for fees and
are hereby declared void, and all warrants
issued by the secretary of the treasuary in
payment of such judgments shall be made
payable and delivered only to the claimant
or his lawful heirs, executors or admins
traitors or transferee under administrative
proceedings, except so much thereof as
shall be allowed the claimants attorneys
by the court for prosecuting said claim,
which may be paid direct to such attorneys,
and the allowances to the claimants attor-
neys shall be regulated and fixed by the
court at the time of rendering Judgment in
each case and entered of record as part of
the findings thereof ;but in no case shall the
allowance exceed fifteen per cent of the
judgment recovered, except in case of
claims of less amount that five hundred
dollars, or where unusual services have
been rendered or expenses incurred by the
claimants attorney, in which case not to
exceed twenty per cent of such judgment
shall be allowed by the court.
Sec 10. That the claimant, or the United
States, or the tribe of Indians, or other
party thereto interested in any proceeding
brought under the provisions of this act
shall have the same rights of appeal as are
or may be reserved in the statutes of the
United States in other cases, and upon the
conditions and limitations therein con-
tanned The mode of procedure in claim
ing and perfectlng an appeal shall conform
in all respects, as near as may be, to the
statutes and rules of court governing APP
peals in other cases.
Sec. IL. That all papers, reports, evil
dence, records and proceedings now on file
or of record in any of the departments or
the Office of the secretary of the senate or
the Office of the clerk of the house of rep
resentatives, or certified copies of the
same, relating to any claims authorized to
be prosecuted under this act, shall
be furnished to the court upon its ORDER or
at the request of the encouragement.
Sec. l.. To facilitate the speedy DISPOSE
ton of the cases herein provided for, in said
court of claims, there shall be appointed, in
the manner prescribed by law for the APP
pointment OF assistant attorney generals,
one additional assistant attorney general of
the United States, who shall receive a
salary af $500 per annum.
Sec. 10. That the investigation and exami-
nations under the provisions of the acts of
congress heretofore in force, of Indian
depreciation claims, shall cease upon the
taking effect of this act, and the uneXpended
balance of the appropriation therefor shall
be covered into the treasury, except so
much thereof as may be necessary for dis
posing of the unfinished business pertain
ing to the claims now under investigation
in the interior department, pending the
transfer of said claims and business to,thes,
court or courts herein provided for, and foFF
making such transfers and a record of the
same, and for the proper care and custody
of thyrpaAers and records relating thereto.
AFproI bds:' March 3, 1891.
(N-<
Bad Bowels.