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United States. Office of Indian Affairs / Annual report of the Commissioner of Indian Affairs, for the year 1905, Part I

Indian legislation passed during the second and third sessions of the Fifty-eighth Congress,   pp. 441-471 PDF (16.2 MB)

Page 451

Daniel E. Kimball, ninety dollars. 
Daniel E. Kimball and John H. Alphin, two thousand and sixty-six dollars.
John H. Alphin, ninety dollars. 
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,
hundred and ninety-nine, in the prosecution of Indians under the Act of March
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.] 
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
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.] 
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 

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