Page:United States Statutes at Large Volume 28.djvu/927

 @8 FIFTY-THIRD CONGRESS. Sess. III. Ch. 188. 1895. ndewivis *0 ·w»i¤ That as fast as the lands opened for settlement under this Act are ' sold, the money received from such sales shall be deposited in the Treasury subject to the judgment of the court in the suit herein provided for, less such amount, not to exceed fifteen thousand dollars, as the Secretary of the Interior may find due Luther H. Pike, deceased, late delegate of said Indians, in accordance with his agreement with said Indians, to be retained in the Treasury to the credit and subject nam. to the drafts of the legal representative of said Luther H. Pike: Pro- ““°· vided, That no part of said money shall be paid to said Indians until the question of title to the same is fully settled. com of cmms to That as the Choctaw and Chickasaw nations claim to have some right, §‘Q‘,'8,$,,,"E‘{_-,';,,,§’{,,(¥}‘,°§j title, and interest in and to the lands ceded by the foregoing agreement, which claim is eontroverted by the United States, jurisdiction be, ’ and is hereby, conferred upon the Court of Claims to hear and determine the said claim of the Choctaws and Chickasaws and to render _ __ judgment thereon, it being the intention of this Act to allow said Court ~ ~—' of Claims jurisdiction, so that the rights, legal and equitable, of the ` United States, and the Choctaw and Chickasaw nations. and the Wichita and aiiiliated bands of Indians in the premises, shall be fully considered and determined, and to try and determine all questions that may arise on behalf of either party in the hearing of said claim; and the Attorney-General is hereby directed to appear in behalf of the Government of the United States, and either of the parties to said action shall have the right of appeal to the Supreme Court of the i*°¥;,_"· United States: Provided, That such appeal shall be taken within sixty P days after the rendition of the judgment objected to, and that the said 1¤sM¤¤’¤•>¤¤¤¤·M· courts shall give such causes prccedenm: And provided further, That nothing in this Act shall be accepted or construed as a confession that the United States admit that the Choctaw and Chickasaw nations have any claim to or interest in said lands or any part thereof. . 1’¤>¢¤•>·*i¤S¤· That said action shall be presented by a single petition making the United States and the Wichita and affiliated bands of Indians parties defendant and shall set forth all the facts on which the said Choctaw and Chickasaw nations claim title to said land; and said petition may be verified by the authorized delegates, agents, or attorney of said nations upon information and belief as to the existence of such facts, and no other statement or verification shall be necessary. Provided, °That if said Choctaw and Chickasaw nations do not bring their action within ninety days from the approval of this Act their claim shall be ‘ t£<¤2;:‘$_Wi¤¤¤¤· forever barred: And provided further, That it shall be the duty of the ° “Attorney-General of the United States, within ten days after the tiling of said petition, to give notice to said Wichitas and affiliated bands through the agents, delegates, attorneys, or other representatives of said bands that said bands are made defendants in said suit, of the purpose of said suit, that they are required to make answer to said petition, and that Congress has, in accordance with article five of said agreement adopted this method of determining their compensation, if any. And the answer of the WVichitas and affiliated bands shall state the facts on which they rely for compensation, and may be verified by their agents, delegates, attorneys, or other representatives upon their information and belief as to the existence of such facts, and no other state- “A¤¤w¤r¤fWi¤bit¤¤, ment or verification shall be necessary: And provided also, That said "" Wichitas and affiliated bands shall file their answer in said suit within sixty days after they shall receive from the Attorney-General of the United States the notice herein provided for unless further time is granted by the court, and in the event of failure to answer they may be barred from all claim in the premises aforesaid. Evidence to be re- The said Court of Claims shall receive and consider as evidence in °°*‘"" the suit everything which shall be deemed by said court necessary to aid it in determining the questions presented, and tending to shed light on the claim, rights, and equities of the parties litigant, and issue rules on any department of the Government therefor if necessary.