Page:United States Statutes at Large Volume 49 Part 1.djvu/1131

 1086 74T H CONG RESS. SESS. I. CH. 839. SEPTEMBER 3, 1935 . Limi tation of action. belief and no other verification shall be necessary. Suit shall be instituted within two years from the date of this Act by the filing of a petition in the Court of Claims in behalf of the Menominee Tribe of Indians. Pri nciples of law ap- SEC. 3. At the trial of said suit the court shall apply as respects plicable. the United Sta tes the same principles of law as would be applied to an ordinary fiduciary and shall settle and determine the rights thereon both legal and equitable of said Menominee Tribe against the United States notwithstanding lapse of time or statute of limita- Payments heretofore tions. No payment or payments which have been made by the made. United States upon any claim or claims therein asserted or for the ac count of s aid M enomi nee T ribe of In dians nor any g ratui ties paid to or expended for said tribe or members thereof shall apply as an estoppel against said suit but may be pleaded as offsets. No gratui- ties, however, paid to or expended for said tribe or members thereof prior to the Act of Congress of March 28, 1908 (35 Stat . L. 51), or paid pursua nt to any emergency relief legislation enacted subse- quent to January 1, 1933, or out of any appropriations authorized by the Act of June 18, 1934 (48 Stat . L . 984), shall be pleaded by the United States as offsets. Evidence admitted. SEa. 4 . At the trial of such action so instituted in the Court of Claims, any letter, paper, document, map, or record in the possession of any officer or department of the United States (or a certified copy thereof) may be used in evidence, and the departments of the Gov- ernment of the United States shall give full and free access to the attorneys for said tribe of Indians to such letters, papers, docu- ments, or reco rds as may be useful to said attorney or attorneys in the preparatio n for trial or trials of such action and shall afford facilities for the examination of the same and the making of copies thereof. Appeals to Su pre me Court of 'United States. SEC. 5. Either shall have the absolute right of appeal no(not by writ of certior party ri- rom any final judgment entered bte Court of Claims to the Supreme Court of the United States and the Supreme Court of the United States is hereby invested with cti suc if atermined th at lu SEC. 6 . (a) If it shall be determined by the court that the United uni ted states unlaw- States in violation of the terms and provisions of the treaty ratified fully failed to convey certain swamp lands . May 12, 1854 (10 Stat. L. 106'4), unlawfully failed to convey certain sw amp lands to the M enominee Tribe of Indians the cour t shall render judgment in favor of the Menominee Tribe of Indians for a sum equal to (1) the value of the timber removed therefrom since May 12, 1854, with interest at 4 per centum per annum from the time of such removal and (2) the present acquisition costs of such la nds t o the Meno minee Trib e of India ns, w hich shall be d eterm ined by the court, with a proviso that the United States may in lieu of paying the pre sent acquisition costs of such lands acquire and hold said lands in trust for the sole benefit and use of the Menominee Tribe of Indians . Judgment if deter- (b) If it shall be determined by the court that the United States at es un lawfu lly`e x mined - has improperly or unlawfully expended or misappropriated tribal pended tri bal funds, etc . funds or properties of said tribe of Indians the court shall render judgment against the United States for an amount equal to the value of all such funds and property with interest thereon at the same rate per annum as prov ided by t he Act o f Congres s authori zing the creation of the fund or property improperly or unlawfully expended or misappropriated from the date of the unlawful expenditures or misappropriations.