Page:United States Statutes at Large Volume 45 Part 1.djvu/653

 602 May 18, 1928. [H. R. 491.] [Public, No. 423 .] Indians in California. Definition of. Suit for compensa- tion for lands, etc ., taken from, by United Sta tes to be bro ught in Court of Claims, by at- torney general of Cali- fornia for the Indians in. Appeal to Sup re me Court. Declaration of ground for equi table reli ef. Settlement notwith- stan ding laps e of time , etc. Vol.9,p.631. Proviso. Decree to equal com- pensation as provided by unratified treaties. Prior pa yments as setoffs. Time for filing claims, etc. Evidence admitted. Allowance to reim- burse the State for court costs, etc. SEVENTIETH CONGRESS. SESS. I. CH. 624. 1928 . CHAP. 624 .-An Act Authorizing the attorney general of the State of Cali- fornia to bring suit in the Court of Claims on behalf of the Indians of California. Be it enacted by the Senate and House of Repr esen tati ves of t he United States o f America in Congress assembled, That for the purposes of this Act the Indians of California shall be defined to be all Indians who were residing in the State of California on June 1, 1852, and their descendants now living in said State. SEC. 2. All claims of whatsoever nature the Indians of California as defined in section 1 of this Act may have against the United States by reason of lands taken from them in the State of California by the United States without compensation, or for the failure or refusal of the United States to compensate them for their interest in lands in said State which the United States appropriated to its own p urposes wi thout the consent of said India ns, may be submitted to the Court of Claims by the attorney general of the State of California acting for and on behalf of said Indians for determination of the equitable amount due said Indians from the United States ; and jurisdiction is hereby conferred upon the 'Court of Clai ms of the Uni ted States, wi th the right of either part y to appeal to the Supreme Court of the United States, to hear and determine all such equitable claims of said Indians against the United States and to render final decree thereon. It is hereby declared that the loss to the said Indians on account of their failure to secure the lands and compensation provided for in the eighteen unratified treaties is sufficient ground for equitable relief. SEC. 3. If any claim or claims be submitted to said courts, they shall settle the equitable rights therein, notwithstanding lapse of time or statutes of limitation or the fact that the said clai m or claims have not been presented to any other tribunal, including the commission created by the Act of March 3, 1851 (Ninth Statutes at Large, page 631) : Provided, That any decree for said Indians shall be for an amount equal to the just value of the compensation provided or proposed for the Indians in those certain eighteen unratified treaties executed by the chiefs and head men of the several tribes and bands of Indians of California and submitted to the Senate of the United States by the President of the United States for ratification on the 1st day of June, 1852, including the lands described therein at $1 .25 per acre. Any payment which may have been made by the United States or moneys heretofore or hereafter expended to date of award for the benefit of the Indians o f California, made under sp ecific approp riations for t he support, education, health, and civilization of Indians in California, including purchases of land, shall not be pleaded as an estoppel but may be pleaded by way of set-off. SEC. 4. The claims of the Indians of California under the provi- sions of this Act shall be presented by petition, which shall be filed within three years after the passage of this Act. Said petition shall be subject to amendment. The petition shall be signed and verified by the attorney general of the State of California. Verification may be upon information and belief as to the facts alleged. Official letters, papers, documents, and public records, or certified copies thereof, may be used in evidence, and the departments of the Government shall give the said attorney access to such papers, correspon dence, or furn ish such cert ified copies of record as m ay be necessary in the premises free of cost. SEC. 5 . In the event that the court renders judgment against the United States under the provisions of this Act, it shall decree such amount as it finds reasonable to be paid to the State of California

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