Show OF MEREST TO UTAH On Payment of Claims Caused by Indian Depredations THE ACT SOW IN CONGRESS A Measure That Will Prove of Incalculable Incalcula-ble Good to Inhabitants of the West The following bill was introduced in the House of Representatives on March 13 by Mr Hermann of Orcgonand will probably become law at the present session of Congress Con-gress As many citizens of this territory have suffered from Indian depredations we publish the bill for their benefit A bill to provide for the adjudication and payment of claims arising from Indian depredations dep-redations le it enacted Iitf Vic Senate and house of JIejra > ciinlfDcs iif lite United States jf Amulea in CV iircss uwmMalj That i the President is hereby authorized I to nominate and by and with the advice and consent of the Senate to appoint I I ap-point threo judges no more than two of whom shall belong to the same political party one of Thom shall be designated as presiding judge and they shall hold their 1 offices until the thirtylirst day of Deccui Tjcr eighteen hundred and ninetyfour when tho same shall expire and all the I functions and privileges thereof shall cease If cither of said judges shall not be so appointed ap-pointed during the present session of the Senate tho President may make such appointment ap-pointment during the recess thereof but the appointee shall bold no longer than until the end of the next session thereafter cnsuiuir during which the President shall nominate to the Senate as aforesaid In like manner any vacancy subsequently oc curing shall be filled Each judge so appointed ap-pointed shall receive a salary at the rate of KJoOO per annum Each of said judges shall before entering upon the utles of his Dfllco take and subscribe the oath required by law for judges of the United States courts Sue 2 That said judges shall constitute court to be known as the court of Indian Scprcdatious and shall have a seal with such device as it shall order and as such court shall possess < jurisdiction and authority author-ity to inquire into and finally adjudicate in the manner provided in this act all claims Df the following classes namely First All claims for property of citizens Of tin United States taken or destroyed by Indians without just cause or provocation > ti the part of the owner or agent in caarge nut not i etunied or paid for Second All claims by Indians under the protection of any treaty with the United States who while peacefully residing and being upon any lawful reservation provided pro-vided for them or absent therefrem by i authority and peacefully shall have suffered suf-fered a loss of property through unlawful Scstruction or taking by white men or by Indians of another tribe or nation then be onging within the United States and net Iuthorized to be upon the reservation where such destruction or taking occurred Pro jfclol Jioircrer That no claim referred to in hr second subdivision in this section shall be entertained by the court unless substantiated substan-tiated to the satisfaction of the court by the testimony of the agent or other credit iblo witness not of the Indian race being persons having a personal knowledge of the facts Third All just offsets and counterclaims counter-claims to any claim of either of the preceding preced-ing classes which may be before such court for determination All questions of limitations limi-tations as to time and manner of presenting present-ing claims are hereby waived and no claim shall bo excluded from the jurisdiction because be-cause not heretofore presented to the secretary sec-retary of the interior or other officer or department de-partment of the government Provided That no claim accruing prior to January 1 Ib47 shall be considered by the court The said court shall have authority to issue Hubpoanas for witnesses to be signed by its clerk or one of said judges to make rules and regulations not inconsistent with law or with the general course of procedure in courts of justice to govern the methods of procedure and practice in and before such court the appearance of parties in person or by attorney and all matters pertaining and needful to the due performance of the duties of said Court and to administer oath in proceedings in said court and to pre servo order and punish f or contempt Such regulations of practice shall be prescribed so as ui 1 provide for the expeditious just and fair disposition of such claims as may come before the court regardless of technicalities tech-nicalities and according to the rights of claimants upon the merits A claimant may appear in person or by attorney Upon the filing of any petitions as herein provided the clerk of said court shall send a notice thereof in writing to the attorney general of the United States whereupon the attorneygeneral shall enter his appear nce and thereafter see that the interests of the United States and of the Indians are properly defended For this purpose there shall be appointed by the attorney general au assistant attorney who shall boUnder bo-Under the direction of the department of Justice whose salary shall be SiDOO per an UUIU SEC X That said court shall hold its regular sessions in the city of Washington In the District of Columbia and the attorney attor-ney general shall provide for the said court Its clerks and employees hereby authorized suitable rooms with necessary furniture rucllightbooksand stationery Two judges bail constitute a quorum for the transac lion of business but no judge shall participate partici-pate in any hearing or proceeding in which he has any pecuniary interest directly or Indirectly or in which lie is of kin to any claimant A docket shall be kept of all claims showing tho date of presentation number name of claimant subjectmatter amount of claim and the adjudication and i aid court shall keep a record of its proceedings proceed-ings Tlie said court shall appoint a chief clerk and a messenger and such assistant clerks one of whom shall be a skilled stan I grapber as may be from time to time found necessary not exceeding three The chief clerk appointed by the court shall re jcive a salary of 52000 the messenger a I alarv of 540 per annum and such addi donut clerks as may be appointed with sal tries of tl00 per annum each SEe 4 That upon the organization of laid court all papers reports evidence rc ordst and proceedings now on file or of jccaru iu any of the departments or the office of-fice of the secretary of the Senate or the pfllco of the clerk of the House of Kcpre fcntativcs or certified copies ot the same relating to any clainLs authorized by this let presented to said court and for which CO appropriation has been made by Con press shall be delivered to said court upon its order at the request of the attorney general the claimant or his attorney All claims shall be presented to the court by petition setting forth in ordinary and ron lise language without unnecessary repeU ion tho fact upon which such claims arc Cased the persons class of persons tribe ti tribes of Indians by whom the alleged Illegal acts were committed the property lost or destroyed and the value thereof and any other facts connected with the transactions and material to the proper ad IndicatIon of the cases involved The petition peti-tion shall be verified by the affidavit of the tlaimant his agent administrator or attorney attor-ney In considering the merits of claims presented to the court any testimony afll davits reports of special agents or other officers and such other papers now on tile in the departments or in Congress relating to any of such claims shall be considered by the court and such weight given thereto as Sn its judgment is right and proper regardless regard-less of the technical rules of evidence In IOurt5 of law JVorMaf That all claims Which have heretofore been favorably adjudicated ad-judicated by the secretary of the interior hall have priority of consideration by aid court and shall be held to be prima Facie correct SEC 5 That the said court shall make rcneral rules and regulations for taking testimony in causes pending therein and testimony shall be taken in tho county where the witness resides when the same can be conveniently done Every case shall be heard by a quorum at least ot tho court and such quorum is empowered to render final judgment and all decision shall be rendered at same tel1I1at1 the ease nay be hear at during the succeeding term Each of said I udges and clerks of said court is author zed to administer oaths in matters arising I in aid court ScoC ThtTsaid court may appoint not to exceed three commissioners who shall cacn ho pauTa salary of S2000 per anntlUt and thpTurthcr sUm ol t3 per day in lieu of subsist ce mm actual traveling expenses for each day actually employed in traveling or absent from home upon official tluly Such commissioners shall havo power to administer oaths take testimony and prosecute pros-ecute invesllgatins and they shall perform such Other duties as may be required by the court and under its direction The at torne general shall cause the accounts of said commissioners itemized and sworn to to bo audited and approved and payment made in the manner prescribed for employees employ-ees of the department of justice and tho salaries of other officers of said court shall be audited pproved and payment iliadB in like manner SEC 7 That tho said court shall determine deter-mine In each case the value ot the property I taken or destroyed at thd time and place of its loss or destruction and If possible the tribe of Indian or other persons by whom the wrong was committed and shall render judgment in favor of tho claimant or claimants claim-ants against the United States When In the judgment of the secretary of the interior inte-rior any of said amounts be deducted fiom any annuities or permanent funds in tho hands of the United States belonging to said tribe or tribes an account thereof shall be kept against said tribe or tribes and such payments shall be charged against them and deducted from any lunds which may become due them All judgments of said court shall be a final determination of the causes decided and of the rights of the I parties thereto and shall not thereafter be questioned unless a new trial or rehearing shall be srantcd by said court or the judgment judg-ment shall be reversed or modified upon appeal is hereinafter provided Immediately Immedi-ately rf tcr the beginning of each session of Congress the clerk of said court shall transmit trans-mit to the secretary of tho treasury a list of alt judgments rendered in pursuance of this ut In favor of claimants against tho United States which shall be thereupon transmitted to Congress for appropriation and appropriated for in the proper appropriation appro-priation bilL All sales transfers or as sigmncnts of any such claims heretofore or hereafter made are hereby declared void and all warrants issued by the secretary of the treasury in payment of said judgments shall bema e payable and delivered only to the claimant or his lawful heirs executor execu-tor or administrator except so much thereof as shall Le allowed attorneys and the fees to attorneys shall ba regulated and fixed by the court at the time of rendering judgment in each case and entered of record as part of the findings thereof SIc S That either pUt shall have the right to appeal upon questions of law alone to the supreme court of the United States and the rules governing such appeal shall be the same as those now in force relative to appeals from the court of claims so far as the same may be applicable Sue li t I That all claims of the character mentioned in this act which shall not be presented to the said court within three years alter the passage hereof shall be for ever barred Scc 10 That said court shall hold two regular sessions each year in the city of Washington District of Columbia Tun first session shall commence on the2d Monday Mon-day in January and erd on the 20th day of Juno the second session shall commence on the first Monday in September and end on the 20th day of December of each year SEC 11 That there be and hereby is appropriated from the treasury of the United St ites out of any moneys net otherwise other-wise aj propriated 30OJO or so much thereof as lIly be necessary to pay tho salaries of thejudges and otbaroffiters and employees herein provided lor and such other expenses asare authorized to bemade by this act which shall be disbursed by the disbursing clerk of the department of justice in the same manner in which salaries sala-ries and expenses of that department are authorized to bo raTd Sro 12 All laws or parts of laws in conflict with this act are hereby repealed |