Page:United States Statutes at Large Volume 52.djvu/250

 75TH CONG. , 3D SESS.-CH. 120 -APR. 8, 1938 ney or attorneys employed by said Meinoninee Tribe of Indians in accordance with existing law to prosecute such claims which may be made upon information and belief and no other verification shall be necessary. Any suit hereunder shall be instituted by the filing of a petition in the Court of Claims before the end of the calendar year of 1938. The petition or petitions shall be subject to amendment at any time prior to final submission of the case to the Court of Claims." The first sentence of section 3 of said Act is amended by repealing the words "said suit" and inserting in lieu thereof the words "any suit instituted hereunder". Section 6 (c) of said Act is hereby amended to read as follows: "(c) If it shall be determined by the court that the United States has violated the terms and provisions of the Act of Congress of March 28,1908 (35 Stat. L. 51), by cutting other than dead and down timber or such fully matured and ripened timber as the Forestry Service shall have properly designated, or by cutting such timber so as to prevent forest perpetuation, the court shall award as dam- ages to the Menominee Tribe of Indians either (1) the difference between the net income which would have been and would be received from an acreage which would have produced, under selective cutting, if then cut, the same volume of timber as that unlawfully cut, from the time of the commencement of the unlawful cutting up to the time when the timber unlawfully cut shall have been replaced by replanting and the sustained yield from the said replanted timber shall be equal, acre for acre, to the sustained yield from the timber had it been selectively cut so as to perpetuate the forest, as required by law, with interest thereon at the rate of 4 per centum per annum for the same period, said period, wherever specified herein, to be deemed to end sixty years from the time of replacement by planting, unless otherwise determined at the trial, plus the cost of replacement of the timber on the same areas, including the necessary protection until the replanted timber shall have attained the said sustained yield, and the net income that has been and will be received from the liqui- dation of the timber on the acreage unlawfully cut; or (2) the cost of replacement of timber on the respective areas thus unlawfully cut including the necessary protection until the replanted timber shall have attained the aforesaid sustained yield plus interest at 4 per centum per annum for the same period of time on an amount equal to the reasonable value as of the date of the unlawful cutting of the timber on the areas thus cut; whichever is the greater. The term 'net income' shall include the stumpage value of the timber that would have been cut under selective cutting or that was cut under clear cutting. The cost of replacement, including fire lines of the timber on the acreage unlawfully cut over, unless proved otherwise at the trial, shall be deemed to be $15 per acre, and the annual cost of fire protection, unless proved otherwise at the trial, shall be deemed to be 6 cents per acre per year." There is inserted as section 6 (e) the following: "SEc. 6. (e) The causes of action and measures of damage set forth in the various paragraphs of this section 6 shall be construed to be independent of each other, but no one or all of said causes of action and measures of damage shall exclude the assertion of other causes of action as permitted by section 1 hereof or the application of other proper cumulative measures of damage." The first sentence of section 7 of said Act is amended by repealing the words "such suit", and inserting in lieu thereof the words "any suit". Approved, April 8, 1938. 36525°. - 38 -14 Limitation ofaction. Amendment. Principles of law applicable;clarifying phrase. 49 Stat. 1086. Unlawfully cut tim- ber. 35 Stat. 51. Computation of damages. Interest. Replacement cost. Interest. " Net income" to in- clude stumpage value. Causes of action and measures of damage construed to be inde- pendent of each other. 49 Stat. 1087. Textual correction- 49 Stat. 1088. .52 STaT.] 209

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