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United States. Office of Indian Affairs / Annual report of the Commissioner of Indian Affairs, for the year 1905, Part I
([1905])
Indian legislation passed during the second and third sessions of the Fifty-eighth Congress, pp. 441-471
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Page 451
INDIAN LEGISLATION OF FIFTY-EIGHTH CONGRFFSS. 451 AMOUNTS CERTIFIED BY COURT OF CLAIMS. (RESIDENTS OF CRIPPLE CREEK, TELLER COUNTY, COLORADO.) Daniel E. Kimball, ninety dollars. Daniel E. Kimball and John H. Alphin, two thousand and sixty-six dollars. John H. Alphin, ninety dollars. FOR InESTIGATION AND REPORT. That the Auditor for the State and other Departments be, and he is hereby, authorized to examine all claims which may be presented in proper form by Gila County in Arizona Ter- ritory, and to ascertain the amount due said county on account of legal costs and expenses incurred from March third, eighteen hundred and eighty-nine, to June thirtieth, eighteen hundred and ninety-nine, in the prosecution of Indians under the Act of March second, eighteen hundred and eighty-five (Twenty-third Statutes at Large, page three hundred and eighty-five), for which the United States is liable under Act of March third, eighteen hun- dred and eighty-nine (Twenty-fifth Statutes at Large, page one thousand and four), and which have been paid by said county; and the amount so found shall be certified by the Secretary of the Treasury to Congress for a deficiency appropriation. [Vol. 33, p. 804.] FOR REFERENCE TO THE COURT OF CLAIMS. That the claim of the legal representatives of Eli Ayres, deceased, for the value and pro- ceeds of certain parccls and sections of land situated in the State of Mississippi, and to which the said Eli Ayres claims to have held the legal or equitable title at the time of his death, which title as claimed was acquired and derived by him by purchase and deeds from certain Chickasaw Indians in the year eighteen hundred and thirty-nine, the said Chickasaw Indians as grantors in said deeds having derived and acquired their respective title or titles to the said parcels or sections of land by grant and treaty stipulations in accordance with the pro- visions contained in the treaty concluded between the United States and the Chickasaw Nation of Indians on May twenty-fourth, eighteen hundred and thirty-four, amendatory of the treaty of October twentieth, eighteen hundred and thirty-two, and which said parcels or sections of land and the proceeds thereof, in whole or in part, it is alleged, have been, with- out right or title thereto, and without authority, either in law or in equity, appropriated by the United States Government and held and disposed of by said Government as its own property, or otherwise, be, and the same is hereby, referred to the Court of Claims of the United States, and jurisdiction is hereby conferred on said Court of Claims to proceed, according to the principles and rules of both law and equity, to find the facts as to the pur- chase of said parcels or sections of land from said Chickasaw Indians by said Ayres and as to the deeds received by him from the said Indians, and the amounts paid by said Ayres to said Indians per acre for said parcels or sections ol land, and as to the title of said Ayres to the same; and also to find the facts as to the alleged appropriation by the United States Government of the said parcels or sections of land alleged to have been so purchased by said Ayres from the said Indians, and what disposition, if any, has been made of the same by the United States, whether the same has been disposed of by the United States under the public land laws, and all the material facts in connection therewith, embracing the amount that should be paid to the legal representatives of said Eli Ayres, deceased, by rea- son of the loss occasioned to him, if any, by the appropriation by the Government of the said parcels or sections of land purchased from said Indians as herein claimed; and what amount of the proceeds of the sales of said land, if any, is held by the Government in trust for the said Chickasaw Indians; and also whether any of the said parcels or sections of land are still held and not disposed of by the United States; and the court is authorized to find any other fact or facts of importance to the parties which may arise in this claim; and when the court has found the facts under the provisions of this Act, it is hereby authorized and directed to report the same to Congress; and in considering the merits of the claim in the finding of the facts, affidavits of persons now dead, reports of officers of the United States Government, reports of committees of both Houses of Congress, and the several deeds from the said Chickasaw Indians conveying said parcels or sections of land to Eli Ayres, deceased, and all papers now on file with the claim in Congress or with the committees of either House relating to such claim, shall be considered by the court, and such weight given thereto as may be deemed by the court to be right and proper. [Vol. 33, p. 808.] LIMITATION. In case of the death of any claimant, or death or discharge of any executor or admin- istrator of any claimant herein named, then payment of such claim as herein provided shall be made to the legal representatives: Provided, That where a claimant is dead the admin- istrator, executor, or legal representative shall file a certified copy of his bond, which bond A
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