Page:United States Statutes at Large Volume 17.djvu/664

 624 FORTY—-SECOND CONGRESS. Sess. III. Ch. 319. 1873. Ottawa Indians of Blanchard`s Fork and Roche de Buzuii proclaimed July twenty-eighth, eighteen hundred and sixty-two, and October fourteenth, eighteen hundred and sixty-eight, and to pay the proceeds of such sale to the several members of the said tribe, their heirs or assigns, per capita; and whereas counter-claims of rights and equities in said lands, bonds, notes, accounts, contracts, mortgages, and other property or assets having been set forth and affirmed by the trustees under said trust, and by the American Baptist Home Mission Society, the Secretary of the Interior has referred to Congress the question of further legislation; and whereas representatives of all the said parties have united in an agreement to make friendly application to Congress for legislation providing for the ascertainment of all such property, real and personal, and the severance and satisfaction by commission, of the equitable interests of the contending parties: Now, therefore, in order that the perfect justice may be done in the premises to all the said parties, Be it enacted by t/zc Senate and House of Representatives of the United Coiumissionm States of America, in Congress assembled, That Walter R. Irwins, Luther z_l’n‘:}:;°gl°° d°` R. Smith, commissioner appointed by the Secretary of the Interior under i c. . . . r;g1,u,&c__0: the aforementioned act, together with Henry S. Neal, of Ohio, Joseph D¤¤i¤§ Mdé? ¤ Henry, of Vifashington, D. C., and Emory Washburn, of Massachusetts, gu:g:;$,%°?w be, and they are hereby, constituted a c0mmis· to investigate and ascertain ated by treaties all the property, real or personal, rights and interests legal or equitable, 3:2 °°"‘““E held or acquired under such trust, and to determine and award upon the wa Indians. . . . -. . . . . rights and equities of the said parties m the property aforesaid for which purpose they are invested with sufficient power and authority to hear and determine, and to make such rules and orders thereunto as may be neces- Their award to sary, and their award shall be final and conclusive of all the rights and W nlm- claims of all parties Commission to Sec. 2. That the said commission shall assemble on or before the first °”€"‘*’l° "h°“ WVednesday in Auvust, eirrhteen hundred and seventy-three, at such and where; and . . ° . ° . their proceed, place as a majority of its members may select, and, upon being duly ings. powers, and sworn by any person authorized to administer oaths, they shall proceed d“°‘°”‘ to organize by the election of one of their number as president and of another as secretary, with authority to procure rooms and attendance. A Quorum. majority shall constitute a. quorum for all business, and they may adjourn to any place deemed by them more convenient. The Secretary of the Stenogrupher. Interior shall be authorized to detail a stenographer for the service of the possession m commission. In order to the prompt and easy carrying into effect of their netaken of trust final award the commission shall proceed to demand and take possession l”`°P"°Y‘ of all the lands, bonds, notes, accounts, choses in action, contracts, mortgages, records and other property or assets, held or required under said trust, and in case of the refusal of any person or persons to give possession of and deliver such lands, bonds, notes, accounts, choses in action, contracts, mortgages, records and other property or assets, shall bring suit, or suits in behalf of the parties in interest. in the name of the United States as plaintiff; for the same in the United States circuit court for the eighth judicial circut, which court shall have power to appoint a receiver ; and it shall be the duty of the Attorney-General_ to prosecute the said suit or suits to final judgment. The commission shall, nevertheless, proceed to inquire, to investigate, determine and award as if in actual possession of the property ; and the said commission shall determine and ailjudge the various claims according to what they shall deem the rights and equi- Distribution. ties of the case. After meeting the necessary expenses of this adjudication as hereinafter provided, any lands or other property, interest or equities which may be awarded to the Indians aforesaid shall be sold, paid, or delivered for their benefit as the commission may direct; and any equities which may be awarded to the said trustees and to the said Home Mission Society shall be paid or delivered as the commission may direct. Patents. Patents of lands may be issued by the Secretary of the Interior, and hc