Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1940-06-29

5 staleness of the claims of the Arapa.
hoe and Cheyenne Indians
This goes back to 1861, which 1
, almost 100 years" he said.
That Is covered in the first section
of the bill" Attorney Goodwin replied
The section reads:
THAT Jurisdiction be- and Is hereby
conferred upon the court Of claims
Notwithstanding the lapse OF time OF
statute of limitations, to hear, exam
inc, adjudicate, and render final judg-
ment in any and all legal and equitable
claims. not heretofore finally deter
mined by the court of claims or the
supreme court of the United States,
arising under or growing out Of any
agreement, executive order, treaty. or
act Of congress with or affecting the
j land or other rights of the Arapahoe
/ and Cheyenne Indian tribes or bands
thereof residing in the states Of Wyo-
ming. Montana and Oklahoma, against
the United States, with the right OF
appeal by either party to the supreme
court of the United States, anything in
the judicial code of the United States
to the contrary Notwithstanding.
Provided, That IL the said tribes
or any band thereof claim any inter-
est In the lands, moneys, or other prop
erty involved In any proceedings al
ready instituted and pending In the
court Of claims, except the case or
cases Of the Sioux Indians against the
United States, such tribe or band
thereof may file an intervening petit
ton therein and be made parties there
to. with all the rights and privileges as
If original parties to such proceedings,
including the right to have Judgment
for any sum or sums found due to
such intervenors."
While the amount Of money involved
In the claims is large, Attorney Good
win stated that the question of the
value and the question Of the offsets
are very important. He pointed out that
there are some 20-odd cases in the
court Of claims where the court viii
decide those cases on the pending law
unless there is a change In the pro-
visions and instructions sent down !
from congress.
Holds Question Serious
In this particular case" said the /
attorney, "a provision Is suggested as
an amendment depriving these Indians 4
OF any interest on any Of these sums I
and If that we're done it would put /
this case on an entirely different basis
from what similar judgments in other
similar cases would be rendered by the
court of claims.
In other words, the policy has been
adopted and the supreme court In two
cases laid down as basis of Just COM
pensation to these Indians that the
value OF the land is fixed as of the
Time of their appropriation or rather
appropriation by the government. Then
here should be some reasonable COM
0enSation from that date down to the
late of Judgment and ON that basis
here are two cases that have been de-
:ided since where interest has been
added and where the interest exceeded
he principal but by how much do not ,
NOW. That is a serious situation from /
he standpoint OF both the Indians and /
he government :
THE present situation Is this The :
asses now pending can be decided with I
interest and If special provision Is Z
nut in this bill these Indians will not /
e on the same basis as the other In 3
ians." q
Mr.. Goodwin explained that offsets
re determined in the following man
er: A report is asked from the general =
counting office Of the comptroller
eneral. He goes back to the earliest
ecords for what expenses have been
aid for the tribes. A complete list of 9
very item Is made and every cent is Y
counted for in the reports which have y
cen expended for the benefit of the .
indians, cor any individual that comes :.
ithtn the scope Of the acts that are =
InaI has been the CUSTOM -
sometimes takes several years to get Y
nat report. examined a report the =
ther day, for example, which was =
bout that high indicating foot)" .
Indians Oppose Amendment q
The attorney general, in his COM =
unfcation to MIR. Bell, said that the =
ropoSed bill should be amended. The =,
representatives. Of the Arapahoes and -
heyennes are not disposed to accept
lie proposal that they be made an ex- rs
,ption to the general run of adjust h
ents which have resulted from de- q,
eeS of courts, and decisions.
Mr.. Goodwin touches upon this phase
hen he told the committee that the Of
torney general proposes to limit and b
move any question as to the payment 81
interest. 81
THAT is question for the further al
dgment of the committee" Mr.. Good III
IN remarked. my only position on
lat for these particular Indians is 81
is, that all these jurisdictional bills bt
e now pending before the court of tr
aims and they would permit the court ii,