Page:United States Statutes at Large Volume 43 Part 1.djvu/1165

 1134 sixTY-E1GHTr1 o0NGREss. Sess. II. GH. 459. 1925. isdimm 0, Provided however, That the provision of this Act shall not be S1$imS_ pam Kaw construed to confer jurisdiction upon the court to hear, consider, and §‘§§,‘§§§;°,§},,§§,}£§ adjudicate any claim presented to and considered by the Kaw Com- <=1¤im· mission under the provisions of section 12 of the Act of Congress of July 1, 1902 (Thirty-second Statutes, pages 636), saving and excepting the claim known as the surplus land claim of the Kansas or Kaw Tribe of Indians, which said claim is expressly included in this Act, and jurisdiction to consider the same is hereby conferred. rimm ming. Sec. 2. Any and all claims against the United States within the purview of this Act shall be forever barred unless suit be instituted or petition filed, as herein provided, in the Court of Claims within Eve years from the date of apgoval of this Act, and such suit shall I make the Kansas or Kaw Tri of Indians party plaintiff, and the m` United States party defendpnt.dThe pet1tion sha ilbelxerified by the attorne or attorne s em o e to rosecute suc c im or claims under gmtract withythe Iganlsias or Igaw Tribe of Indians approved by the Commiwioner of Indian Affairs and the Secretary of the Interior; and said contract shall be executed in their behalf by a committee chosen by them under the direction and approval of the Commissioner of Indian Affairs and the Secretary 0 the Interior, and p_§,;§{··°°°’· 21°3”2‘°5· such contract shall be executed and approved as required by section Evidence admitted- 2103-5 of the Revised Statutes of the United States. Official letters, _ papers, documents, and records, or certified copies thereof, may be used in evidence, and the departments of the Government shall give access to the attorney or attorneys of said Kansas or Kaw Tribe of Indians to such treaties, papers, correspondence, or records as may be needed by the attorney or attorneys of the Kansas or Kaw Tribe of Indians. C¤¤¤¢¤¤¤1¤i¤¤¤ ¤*· Sec. 3. In said suit the court shall also hear, examine, consider, l°w°d' and adjudicate any claims which the United States may have against _ plaid Iggensas og Igaw grip? of gnélians, but any payiment which mgy ave n ma e the United States upon any c aims against the UnitedHStz;tes ghagl nop operate as an estoppel, but may be pleaded asano se in uc sui. Appsa zo. upreme Sec. 4. That from the decision of the Court of Claims in any suit °°""· prosecuted under the authority of this Act, an appeal may be taken by either party as in other cases to the Supreme ourt of the United _ States. dc·g£g{)*}¤c{§‘;n'°°° W Sec. 5. That uplon the final determination of any suit instituted ` under this Act, the Court of Claims shall decree such amount or amounts as it may find reasonable to be paid the attorney or attorneys so employed by said Kansas or Kaw Tribe of Indians for the services and expenses of said attorneys rendered or incurred subse- {_{m{’f?;£km_ quent to the date of approval of this Act: Provided, That in no case shall the aggregate amounts decreed by said Court of Claims for fees be in excess of the amount or amounts stipulated in the contract of employment, or in excess ofha {pm cgi?] to 10 per centum of gilt; amount of recove a inst the United States, an in no event s such fees exceed tliie sgliu of $25,000. me Sr orders Sao Sec. 6. The Court of Claims shall have full authority by proper °'°°°”‘ orders and process to bring in and make parties to such suit any or all persons or tribes or bands of Indians deemed by it necessary or proper to the Hnal determination of the matters in controversy. Algamaw armor- Sec. 7. A cgpty of the petition shall, in such case, be serve upon '"Y °"°'“‘ ""°°‘°°· the Attorney neral of the United States, and he, or some attorney from the Department of Justice to be designated by him, is hereby directed to appear and defend the interests of the United States in such case. Approved, March 3, 1925.