Page:United States Statutes at Large Volume 32 Part 1.djvu/716

 650 FIETY-SEVENTH CONGRESS. Sess. I. Ch._1362. 1902. Chickasaw freedmen to the Chickasaw Nation and the rights of such freedmen in the lands of the Choctaw and Chickasaw nations under vol. I4, p. 769- the third article of the treaty of eighteen hundred and sixty-six, C between the United States and the Choctaw and Chickasaw nations, and under any and all laws subsequently enacted by the Chickasaw legislature or by Congress. Bl“°* *¤*°"Pl°“d°'· 37. To that end the Attorne -General of the United States is hereby directed, on behalf of the Uyiiited States, to file in said Court of Claims, within sixty days after this agreement becomes effective, a bill of interpleader against the Choctaw and Chickasaw nations and the Chickasaw freedmen, settin forth the existing controversy between the Chickasaw Nation and the Chickasaw freedmen and pray- ing that the defendants thereto be required to interplead and settle their respective rights in such suit. Servms ¤f r>¤>¤¢¤¤- 38. Service of process in the suit may be had on the Choctaw and Chickasaw nations, respectively, by serving upon the principal chief ` . of the former and the governor of the latter a certified copy of the bill, with a notice of the time for answering the same, which shall not be less than thirty nor more than sixty days after such service, and may be had upon the Chickasaw freedmen by serving upon each of three known and recognized Chickasaw freedmen a certified cop of Publication of ne the bill, with a like notice of the time for answering the same, and, by ¤°°‘ publishing a notice of the commencement of the suit, setting forth the nature and prayer of the bill, with the time for answering the same,` for a period of three weeks in at least two weekly newspapers having general circulation in the Chickasaw Nation. Employment ¤f 39, The Choctaw and Chickasaw nations, respectively, may in the c°1iii]si$i§ecs.moe-mm, manner rescribed in sections twenty-one hundred and three to twenty- PP·“’·““· one hundred and six, both inclusive, of the Revised Statutes, employ counsel to represent them in such suit and protect their interests therein; and the Secretary of the Interior shall employ competent counsel to represent the Chickasaw freedmen in said suit and to protect C°mP°¤=“*“°“· their interests therein; and the compensation of counsel so employed for the Chickasaw freedmen, including all costs of printing their briefs and other incidental expenses on their art, not exceeding six thousand dollars, shall be paid out of the 'lpreasury of the United States upon certificate of the Secretary of the Interior setting forth the employment and the terms thereof, and stating that the required serv- A1>r·¢¤l· ices have been duly rendered; and any party feeling aggrieved at the decree of the Court of Claims, or any part thereof, may, within sixty days after the rendition thereof, appeal to the Su reme Court, and in each of said courts the suit shall be advanced for hearing and decision at the earliest practicable time. C,f;L*;*js:,§*}:;F;f,“[{]*ej,° 40, In the meantime the Commission to the Five Civilized Tribes etc: _ i shall make a roll of the Chickasaw freedmen and their descendants, as `°"°* ""°3‘ provided in the Atoka agreement, and shall make allotments to them as provided in this agreement, which said allotments shall be held by the said Chickasaw freedmen, not as temporary allotments, but as tinal allotments, and in the event that it shall be finally determined in said suit that the Chickasaw freedmen are not, independently of this agreement, entitled to allotments in the Choctaw and Chickasaw lands, the Court of Claims shall render a decree in favor of the Choctaw and Chickasaw nations according to their respective interests, and against the United States, for the value of the lands so allotted to the Chickasaw freedmen as ascertained by the appraisal thereof made by the Commission to the Five Civilized Tribes for the purpose of allotment, which decree shall take the place of the said lands and shall be in full satisfaction of all claims by the Choctaw and Chickasaw nations against the United States or the said freedmen on account of the taking of the méeégodg ligw not said lands for allotment to said freedmen: }l"0'2)id€d, That nothing