The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-02-26
INDIAN DEpREDA rIox CLAIMS.
The Great Number, or Fesdiug Case. and
eome Dimcu,ti-s'thst Atteus Them.


The Great Nsrber or Ps-dise case. and
some ID Imcu.ticsthst Attend Them.
WASHINGTON. Feb. 25.-Congress seems like
~ to find perplexities in dealing with the pay
ment OF the Indian depreciation claims. which.
a. adjudicated in the manner recently pro-
vided for. may prove something OF q burden
on the Treasury.
An act passed. about three years ago con-
ferred upon the Court OF Claims jurisdiction in
those matters. and the limit OF time for pre-
sentinE the claims is now within one week Of
running out. Three years was liberal mar
Gin for this purpose.
Up to the time the act was passed there had
been flied through the Indian ONCE 1878
claims and at q recent date there was a total
Of 1908 record. OF these 1854 had
been already decided there and presented to
Congress; but tho Court OF Claims was en-
powered to adiudicate those as we'll rs such
as had not been passed upon. The work OF
the Indian office In the matter has therefore
largely consisted for the past three years In
transmitting papers to the Court OF Claims.
The legislation on this subject originated
nearly century ago. when Congress. In tho
act Of May 10. 1885, provided that wherever
members OF an Indian tribe had taken or de-
stroyed property. the agent OF the tribe should.
at the request Of the owner. demand satisfac-
eighteen months. should report the case to the
President. &" an eventual naturalization be-
ing guaranteed. One object was to prevent
the owner OF the property from seekin private
satisfaction or revenge. which might lead to
hostiities; aud the guarantee was on condi-
ton that such private satisfaction should not be
sought. On its part. the Government was to
reimburse itself out o. the annual stipend
which It was bound to pay to the tribe. in
1884 Congress further enacted that claims OF
this character must he presented within three
years after the injuries complained OF.
The Secretary OF the Interior notes. however.
that in 1859 Congress- expressly repealed its
guarantee Of naturalization. although 1t did
not thereby renounce n purpose OF securing
PREPARATION from the Indians. In 1870 IL pro-
hloited the payment OF depreciation claims out
Indian tribes. and declared that payments
should only be made on claims by specific APP
preparation. This act Is found Incorporated
into the Revised Statutes as section 2uSS:
40 @ al az" aS EsS Sr s in
ions Tor The ssfrsn and sss..
10 indian as'F TO nay .nnIles due 70 or to be used
!TSs. y Indians: .GsiS: applied \. "a, say@.Si ..
%snSsr Of %sm6srs 1hsrsSt 10 Claims for indian as
special appropriation therefor.
In 1885 such special appropriation was
srsq psrhaps s Il sfmna,eS in1SEss hG nso
this subject. Up to tile year 1901 only ia
claims had been actually paid: and the amount
s7st. 2OS demanded. There were pending.
under reports TO Congress from the Interior
about one.thlrd OF the amounts demanded
We're. on the average. allowed. Congress- in
that the claims should be turned over to the
Court Of elaine, this court. as has been said.
Sxsmir,nG also the cases aII9wsd by the In
claimed ON 1855 cases, including those al
ready paid or reported upon. was So, $50. OO6.
tional part Of these amounts will be awarded.
Under the law Of 1901 the old time lmita-
aecruing prior to July ISIS and n ct n presents
cd. before the passage ofths act. to the Interior
2e9 10 sau rs nss or e az ScsT
were to run against the United States and also
principles Of the original law Of eventual
against a tribe are 10 re deducted from
its annultiss or. II 4 has none. from funds due
so f i5adsf from hs s o. @ sa %
priAtion MADE by Congress for its benefit. or.
finally; any appropriation that may hereafter
payable from the Treasury
:, Two difficulties have been experienced from
some cases satisfying themselves by showing |
that dspredations were committed by Indians |
tlcular band or tribe. Under the language OF |
the law the claimant does not gain any per-
sonai sdyantaGe oy IDENTIFYING the band since |
he makes the Government responsible in any |
rase. ami All the good that would be gained by |
his taking the extra trouble OF Identification is |
that OF giving the Government claim against |
The tribe. Patriotic anxiety on this score does |
not seem 10 be snffieient TO induce this trouble
TO be taken. The second diffieultY Is that, |
even whore such identitlcAtions are possible. |
Il may be serious source OF trouble to sub |
tract the amounts Of the Judgments from the |
tnnuities OF the tribes. "a some cases II may |
seriously Interfere with their support and in |
breach OF faith and Of contract II arrange |
ments for the Annuities have been conditioned |
on no such deduction This would appear es- |
pseiaily unjust in cases where tTi bes OF Today
peaceful and orderly. are TO be held liable for \
iAmage done by savage ancestors OF genera
lions ago. Perhaps Congress MAY endeayor |
10 tighten such Injustice hy special Action In |
IndlN suual cases as pres entOd.