Page:United States Statutes at Large Volume 45 Part 1.djvu/1308

 SEVENTIETH CONGRESS. SEss. II. Cu. 300 . 1929 . 1257 River to the summit of the mountains dividing the waters of Camp Creek from the waters of the Umpqua River, the same being the west boundary of the lands ceded by the Umpqua and Calapooia Indians ; the nce in a sout heasterly dir ection along t he summit of the Coast Range Mountains, following the southwest boundary of the lands ceded by the Umpqua and the Calapooia Indians, to the summit of the divide separating the waters of Looking Glass Creek from the waters of the South Fork of Coos River in township 27 south, range 8 west, Douglas County, Oregon ; thence west to the point of beginning, which lands and the appurtenances there- unto belonging, including, among other things, claimants' original means of securing a living thereon and therefrom by hunting, fishin g, and other wise, the s aid tr ibes c laim were t aken f rom them, and appropriated by the United States to its own use, in or about the year 1855, wit hout any t reaty cess ion or agreement, and without compensation to the tribes therefor. SEC. 2. In any suit instituted hereunder the Court of Claims JurisdictionofCourt. shall have authority to determine and adjudge the rights, both legal and equitable, of the claimants in the premises, notwithstanding lapse of time or statutes of limitation ; and the right of appeal to the Supreme Court of the United States is hereby granted to both parties. Counterclaims to be SEC. 3 . The court shall also hear, examine, consider, and adjudi- considered. cate any claim or claims, includingratuities, which the United States may have against the said - tribes properly chargeable in such suit ; but any payment or payments which have been made by the United States upon any claim or claims of the tribes shall not operate as an estoppel but may be pleade d by way of se t-off ; and any other tribes or bands of Indians which the court may deem necessary to a final determination of such suits may be joined therein as the court m ay order. Determinatio n by SEC. 4. If in any suit instituted hereunder for the value of unceded court of value of un. lands taken, sold, or disposed' of by the United States it be deter- ceded lan ds ta ken. mined by the court that the Indians are entitled to recover judgment, the price of such lands shall be limited to $1 .25 an acre, except as to any tracts that have been actually sold or disposed of under laws enacted by Congress establishing higher prices ; in which case the court may be governed by the latter prices. SEC. 5 . Any and all claims against the United States within the tio T nime for sling peti- purview of this Act shall be forever barred unless suit be insti- tuted or petition, subject to amendment, filed as herein provided in the Court of Claims within five years from the date of the approval of this Act ; and such suit or suits shall make the Coos Parties to suit. (Kowes) Bay, Lower Umpqua (Kalawatset), and Siuslaw Tribes of Indians of the State of Oregon party or parties plaintiff and the United States party defendant. The petition shall be verified by the attorney or attorneys employed verification. to prosecu te such claim or claims und er contract w ith the Indian s approved in accordance with existing law. Official letters, papers, documents, maps and records, or certified Evidence admitted. copies thereof, may be used in evidence, and the departments of the Government shall give to the attorney or attorneys so employed access to such treaties, papers, maps, correspondence and reports as they may req uire in the p reparation or prosecution o f any suit or suits instituted hereunder. SEC. 6 . Upon final determination of such suit or suits the Court Attorneys fees to be included in decree. of Claims shall have jurisdiction to fix and determine a reasonable fee, not to exceed 10 per centum of the recovery, together with all nece ssary and pr oper expens es inc urred in th e prep aratio n and

�