Page:United States Statutes at Large Volume 35 Part 1.djvu/462

 444 SIXTIETH CONGRESS. Sess. I. Ch. 216. 1908. ` lh! 29. 1908- CHAP. 216. An Act To authorise the Secretary of the Interior to issue patents [H- B- 21736-l in fee to purchasers of Indian lands under any law now existing or hereafter enacted, and for other purposes. . . Be it enacted by the Senate and House of Representativea of the United I¤¤i¤¤•“¤¤¤¢¤¤ States of America in O ess assembled, That the lands, or any part ueilbiiyciiiiigiiuln W thereof, allotted to any Indian, or any inherited interest therein, w ich can be sold under existing law by authorit of the Secretary of the ¤¤¤1¤¤¤11•¤¤¤ Interior, except the lands in Oklahoma, andy the States of Minnesota and South Dallzota may be sold on the petition of the allottee, or his · heirs, on such terms and conditions and under such regulations as the BM- of ¤¤i¤°¤· Secretary of the Interior may prescribe; and the lands of a minor, or m' of a person deemed incom etent by the Secretary of the Interior to · petition for himself, may be sold in the same manner, on the getition of the natural guardian `in the case of infants, and in the case of ndians deemed incompetent as aforesaid, and of o?hans without a natural rdian, on petition of a jierson designate for the purpose by the h'" M Seuzretary of the Interior. hat when any Indian who has heretofore received or who may hereafter receive, an allotment of land dies before the expiration of the trust period, the Secretary of the Interior shall ascertain the legal heirs of such Indian, and if satisfied of their ability to manage their own affairs shall cause to be issued in their names a patent in fee simple for said lands; but if he finds them incapable of _ . managin their own affairs, the land may be sold as hereinbefore pro- vided: Igoeided, That the proceeds derived from all sales hereunder shall be used, during the trust period, for the benefit of the allottee, or heir, so disposin o his interest, under the supervision of the Com- P·¤¤¤<>r¤¤¤¤¤¤*· missioner of I nciian Affairs: And provided further, That upon the a proval of any sale hereunder by the Secretary of the Interior he shall cause a patent in fee to issue in the name of the purchaser for ¤¤¤¤¤¤¤•P•=¤d· the lands so sold: And provided further, That nothing in section one herlpin contained shall apply to the States of Minnesota and South Da ota. ,¤¥,j,“v‘},':l“"° I"` Sec. 2. That jurisdiction be, and hereby is, conferred upon the w{ldggi!:¢·;:,*;;,“* Court of Claims of the United States to hear, determine, and render Jurisdiction.final judgment, notwithstanding lapse of time or statute of limitation for any balances found due, without interest, with the ri rht of a peal as in other cases, upon the claims of H. W. Gilkey, Hbrman Plankwitz, Herman Han witz and Company, W. P. Cook and Brother. M. Wescott, J. A. Liege, assignee of J. F. (lauthier, F. F. Green and the heirs of Mitchell Mahchikaniew, traders, against the Menominee tribe of Indians in Wisconsin and against certain members of said tribe at the Green Bay Agency, for supplies, goods, wares, merchandise, tools, and live stock furnished certain members of the said tribe after the first day of January, in the year eighteen hundred and eighty, for the urpose of carrying on loggingo rations upon the Menominee F¤i¤8 ¤l¤i¤¤¤· Indian lieservation, in Wisconsin. Saidxlvlaims shall be presented to said court by veriued petitions to be tiled within six months from the J¤¤¤¤=¢¤¤- date of the approval of this Act. Said court shall, in rendering judgment, ascertain and determine the amount, if any, due upon each of said claims, and if the court iind that there is a liability upon any of said claims, it shall then determine if such liability be that of the said Menominee tribe of Indians as a tribe or that of individual members of said tribe, and it shall render judgment for the amount, if anv, found due from said tribe to any of said claimants, and it shall render judgment for the amounts, if any, found due from any of the indihymeuu. vidual members of said tribe to any of said claimants. Upon the rendition of final judgments, the court shall certify the same to the Secretary of the Interior, who shall thereupon. in case judgments be against the said Menominee tribe of Indians as a tribe, direct the payment of said. judgments out of any funds in the Treasury of the United States to the cre it of said tribe. and who, in case judgments be against individual