Page:United States Statutes at Large Volume 52.djvu/1253

 PUBLIC LAWS-CH. 777 -JUNE 28, 1938 [CHAPTER 777] AN ACT June 28, 1938 [H. R. 4540] Authorizing the Red Lake Band of Chippewa Indians in the State of Minnesota [Public, No. 755] to file suit in the Court of Claims, and for other purposes. Be it enacted by the Senate and House of Representatives of the Red Lake Band of United States of America in Congress assembled, That jurisdiction Chippewa Indians, Minn. is hereby conferred upon the Court of Claims, to hear, determine, Jurisdictionrcoi ferred upon Court of and render final judgment, according to principles of justice and Claims to hear, etc., equity and as upon a full and fair arbitration, on all claims of the Red Lake Band of Chippewa Indians in the State of Minnesota against the United States for the value of unceded lands, for losses sustained by reason of erroneous surveys of reservation boundaries, 13 Stat. 667. or on claims arising under the treaty of October 2, 1863 (13 Stat. 667), or under any treaty, agreement, Executive order, or Act of i25Stat 642. Congress, except the Act of January 14, 1889 (25 Stat. 642), with the right of appeal by either party to the Supreme Court of the United States, anything in the Judicial Code of the United States to the contrary notwithstanding for the determination of the amount, if any, which may be legally or equitably due the said Red Lake Band of Chippewa Indians, under any treaties or agreements entered into between said Indians and the United States, or for the failure of the United States to pay any money which may be legally or equi- ls. limited t tably due the said Red Lake Band of Indians: Provided, That in any designated provisions, suit filed under the provisions of this Act, in which there is presented any claim against the United States for the appropriation, expro- priation, taking, acquisition, or deprivation of land or any interest therein the jurisdiction hereby conferred to hear and determine any such claim is limited to the determination of the value of said land, the timber thereon, or any interest therein, at the time of the appropriation, expropriation, taking, acquisition, or deprivation, and no judgment shall be rendered by the Court of Claims which includes any increment, interest, or equivalent thereof, from the date of taking to the date of judgment, as an element of just compensa- tion or otherwise. Determination SEC. 2. In any suit or suits instituted hereunder the Court of statutesof limitation, Claims shall have authority to determine and adjudge the rights, etc. both legal and equitable, of the claimants in the premises, notwith- standing lapse of time or statutes of limitation. ounerei SEC. 3. The court shall also hear, examine, consider, and adjudicate any claim or claims which the United States may have against the said Red Lake Band, properly chargeable in such suit, including gratuities not heretofore charged; but any payment or payments which have been made by the United States upon such claim or claims shall not operate as an estoppel, but may be pleaded by way of set-off; and any other tribe or band of Indians which the court may deem necessary to a final determination of any suit hereunder may be joined therein as the court shall order. mtitIendments to pe- SEC. 4. A petition or petitions may be filed hereunder in the Court of Claims within five years after the date of this Act which shall be subject to amendment at any time prior to final submission of the case to the Court of Claims; and the Red Lake Band of Chippewa Indians in the State of Minnesota shall be the party plaintiff, and the United Verification. States the party defendant. The petition or petitions may be veri- fied by the attorney employed by the said Indians to prosecute their claims, under a contract approved by the Commissioner of Indian Affairs and the Secretary of the Interior, as provided by law, and no other verification shall be necessary. 1212 [52 STAT.

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