Decision, if not appealed, to be recorded and enforced. Compensation of commissioners, and paying into the court the full amount of the award SEC. 8. That commissioners shall be entitled to receive for their commissioners. services five dollars each for every day they are engaged in the performance of their duties, which they shall include in their statement of costs and which shall be paid as such. If the commissioners or any of them shall be unable or for any cause fail to act the court or judge shall appoint a commissioner or commissioners to supply the place or places of those failing to act. SEC. 9. That the costs of the proceedings before the commissioners and in the court shall be determined as follows, to wit: If the commissioners shall award greater damages than the said company offered to pay before the proceedings commenced, or if exceptions are filed to the decision of the commissioners as herein provided for, and the judgment of the court is for a greater sum than the amount awarded by the commissioners, then the said company shall pay all costs; but if the amount awarded by said commissioners as damages, or if the judgment of the court shall be for the same or less amount of damages than the amount offered by the company before proceedings were commenced, then the cost shall be paid by the other company. SEC. 10. That every railroad company operating a railroad in the Indian Territory shall cause all passenger and freight trains running on its road to stop at all points on its road where another railroad crosses, joins, unites, or intersects, and take and receive on said trains all passengers and all freights and mail offered at that point, and shall carry the same, and shall also discharge at said point all passengers desiring to stop there and all freight and mails consigned to said point. And no railroad company shall in any wise discriminate against passengers or freight transported or conveyed by any intersecting railroad company. SEC. 11. That any railroad company violating any of the provisions of the preceding section shall forfeit and pay to the company or individual injured thereby double the amount of damages which said company or individual may have sustained, to be recovered in any court of competent jurisdiction. [October 1, 1890.] ACTS OF FIFTY-FIRST CONGRESS-SECOND SESSION, 1891. CHAP. 383.-An act to amend and further extend the benefits of the act approved February eighth, eighteen hundred and eighty-seven, entitled "An act to provide for the allotment of land in severalty to Indians on the various reservations, and to extend the protection of the laws of the United States over the Indians, and for other purposes." Be it enacted, &c., That section one of the act entitled "An act to provide for the allotment of lands in severalty to Indians on the various reservations, and to extend the protection of the laws of the United States and the Territories over the Indians, and for other purposes," approved February eighth, eighteen hundred and eighty-seven, be, and the same is hereby, amended so as to read as follows: "SEC. 1. That in all cases where any tribe or band of Indians has been, or shall hereafter be, located upon any reservation created for their use, either by treaty stipulation or by virtue of an Act of Congress, or Executive order setting apart the same for their use, the President of the United States be, and he hereby is, authorized, whenever in his opinion any reservation, or any part thereof, of such Indians is advantageous for agricultural or grazing purposes, to cause said reservation, or any part thereof, to be surveyed, or resurveyed, if necessary, and to allot to each Indian located thereon one-eighth of a section of land: sufficient. Provided, That in case there is not sufficient land in any of said pro rata, if lands inreservations to allot lands to each individual in quantity as above provided the land in such reservation or reservations shall be allotted to each individual pro rata, as near as may be, according to legal subdivisions: Provided further, That where the treaty or act of Congress setting apart such reservation provides for the allotment of lands in severalty to certain classes in quantity in excess of that herein provided the President, in making allotments upon such reservation, shall allot the land to each individual Indian of said classes belonging thereon in quantity as specified in such treaty or act, and to other Indians belonging thereon in quantity as herein provided: hy treaty or act not reduced. noted, ante, p. 33. -under existing agreements or laws in mer act may be made Indians consent. accordance with foras herein provided if Provided further, That where existing agreements or laws provide for allotments in accordance with the provisions of said act of February eighth, eighteen hundred and eighty-seven, or in quantities substantially as therein provided, allotments may be made in quantity as specified in this act, with the consent of the Indians, expressed in such manner as the President, in his discretion, may require: And provided further, That when the lands allotted, or any legal Double allotments subdivision thereof, are only valuable for grazing purposes, such lands shall be allotted in double quantities." of lands fit for grazing only. Existing allotments SEC. 2. That where allotments have been made in whole or in part in certain cases to be upon any reservation under the provisions of said act of February augmented. eighth, eighteen hundred and eighty-seven, and the quantity of land in such reservation is sufficient to give each member of the tribe eighty acres, such allotments shall be revised and equalized under the provisions of this act: No existing ap reduced. permitted if allottee occu 1896, June 10, c. 398, Provided. That no allotment heretofore approved by the Secretary proved allotment to of the Interior shall be reduced in quantity. SEC. 3. That whenever it shall be made to appear to the Secretary Leases of allotments of the Interior that, by reason of age or other disability, any allot- disabled from tee under the provisions of said act, or any other act or treaty can not Pancy. personally and with benefit to himself occupy or improve his allot- post, p. 81. ment or any part thereof the same may be leased upon such terms, regulations and conditions as shall be prescribed by such Secretary, for a term not exceeding three years for farming or grazing, or ten years for mining purposes: 45 Pac. Rep., 348. Leases of land occuchasers permitted. pied by Indian pur allotment may make Provided, That where lands are occupied by Indians who have bought and paid for the same, and which lands are not needed for farming or agricultural purposes, and are not desired for individual allotments, the same may be leased by authority of the Council speaking for such Indians, for a period not to exceed five years for grazing, or ten years for mining purposes in such quantities and upon such terms and conditions as the agent in charge of such reservation may recommend, subject to the approval of the Secretary of the Interior. SEC. 4. That where any Indian entitled to allotment under existing Indians entitled to laws shall make settlement upon any surveyed or unsurveyed lands of selection of public the United States not otherwise appropriated, he or she shall be lands for allotment. entitled, upon application to the local land office for the district in which the lands are located, to have the same allotted to him or her and to his or her children, in quantities and manner as provided in the foregoing section of this amending act for Indians residing upon reservations; and when such settlement is made upon unsurveyed lands the grant to such Indians shall be adjusted upon the survey of the lands so as to conform thereto; and patents shall be issued to them for such lands in the manner and with the restrictions provided in the act to which this is an amendment. Fees to be paid from the Treasury. Determination descent. s. 5, ante, p. 34. of And the fees to which the officers of such local land office would have been entitled had such lands been entered under the general laws for the disposition of the public lands shall be paid to them from any moneys in the Treasury of the United States not otherwise appropriated, upon a statement of an account in their behalf for such fees by the Commissioner of the General Land Office, and a certification of such account to the Secretary of the Treasury by the Secretary of the Interior. SEC. 5. That for the purpose of determining the descent of land to 1887. Feb. 8, c. 119, the heirs of any deceased Indian under the provisions of the fifth section of said act, whenever any male and female Indian shall have co-habited together as husband and wife according to the custom and manner of Indian life the issue of such co-habitation shall be, for the purpose aforesaid, taken and deemed to be the legitimate issue of the Indians so living together, and every Indian child, otherwise illegitimate, shall for such purpose be taken and deemed to be the legitimate issue of the father of such child: "Cherokee Outlet" lands excepted. Provided, That the provisions of this act shall not be held or con1890, May 2, c. 182, strued as to apply to the lands commonly called and known as the "Cherokee Outlet": s. 1, ante, p. 45. Certain Sauk and Foxes excepted. Mar. 3, 1891. 26 Stat., 826. Circuit court of appeals; jurisdiction. [26 Stat., 829.] Appeals, etc., from court. 1889. Mar. 1, c. 333, And provided further, That no allotment of lands shall be made or annuities of money paid to any of the Sac and Fox of the Missouri Indians who were not enrolled as members of said tribe on January first, eighteen hundred and ninety; but this shall not be held to impair or otherwise affect the rights or equities of any person whose claim to membership in said tribe is now pending and being investigated. [bruary 28, 1891.] * * CHAP. 517.-An act to establish circuit courts of appeals and to define and regulate in SEC. 13. Appeals and writs of error may be taken and prosecuted Indian Territory from the decisions of the United States court in the Indian Territory to the Supreme Court of the United States, or to the circuit court of appeals in the eighth circuit, in the same manner and under the same 8. 29. 30. ante, pp.47, 48. regulations as from the circuit or district courts of the United States, 1895, Mar. 1, c. 145, under this act. * * * [March 3, 1891.] ante, p. 39. post p. 70. Mar. 3, 1891. 26 Stat., 851. Indian depredation claims. Court of Claims authorized cate CHAP. 538.-An act to provide for the adjudication and payment of claims arising from Indian depredations. Be it enacted, &c., That in addition to the jurisdiction which now is, or may hereafter be, conferred upon the Court of Claims, said to adjudi- Court shall have and possess jurisdiction and authority to inquire into and finally adjudicate, in the manner provided in this act, all claims of the following classes, namely: -claims for property taken by Indians in amity. Rev. Stat., 2156. First. All claims for property of citizens of the United States taken or destroyed by Indians belonging to any band, tribe, or nation, 161 U. S., 291, 297; in amity with the United States, without just cause or provocation on the part of the owner or agent in charge, and not returned or paid for. Second. Such jurisdiction shall also extend to all cases which have been examined and allowed by the Interior Department. 160 U. S., 546. -claims examined and allowed. See note, post p. 61. authorized to be ex acts. And also to such cases as were authorized to be examined under the claims heretofore act of Congress making appropriations for the current and contingent amined under certain expenses of the Indian Department, and for fulfilling treaty stipula- 164 U.S., 686; 173 U. tions with various Indian tribes for the year ending June thirtieth, S., 77, 79. eighteen hundred and eighty-six, and for other purposes, approved March third, eighteen hundred and eighty-five, and under subsequent acts, subject however to the limitations hereinafter provided." Third. All just offsets and counter claims to any claim of either of the preceding classes which may be before such court for determination. SEC. 2. That all questions of limitations as to time and manner of presenting claims are hereby waived, and no claim shall be excluded from the jurisdiction of the court because not heretofore presented to the Secretary of the Interior or other officer or department of the Government: Provided, That no claim accruing prior to July first, eighteen hundred and sixty-five, shall be considered by the court unless the claim shall be allowed or has been or is pending, prior to the passage of this act, before the Secretary of the Interior or the Congress of the United States, or before any superintendent, agent, sub-agent or commissioner, authorized under any act of Congress to enquire into such claims; but no case shall be considered pending unless evidence has been presented therein: Offsets and counter claims. Limitations waived. No claims to be confore July 1, 1865, unless with evidence. sidered accruing beheretofore presented, Rev. Stat., 445, 466, 2156. Petitions to be pre And provided further, That all claims existing at the time of the taking effect of this act shall be presented to the court by petition, as sented within three herinafter provided, within three years after the passage hereof, or shall be thereafter forever barred: years. And provided further, That no suit or proceeding shall be allowed Future depredations under this act for any depredation which shall be committed after the not included. passage thereof. SEC. 3. That all claims shall be presented to the court by petition setting forth in ordinary and concise language, without unnecessary repetition, the facts upon which such claims are based, the persons, classes of persons, tribe or tribes, or band of Indians by whom the alleged illegal acts were committed, as near as may be, the property lost or destroyed, and the value thereof, and any other facts connected with the transactions and material to the proper adjudication of the case involved. The petition shall be verified by the affidavit of the claimant, his agent, administrator, or attorney, and shall be filed with the clerk of said court. It shall set forth the full name and residence of the claimant, the damages sought to be recovered, praying the court for a judgment upon the facts and the law. Petition, what contain. Rev. Stat., 1072. Indians. to Attorney-Gen within sixty days. SEC. 4. The service of the petition shall be made upon the Attorney- Service of petition General of the United States in such manner as may be provided by upon eral, who shall defend the rules or orders of said court. It shall be the duty of the Attorney- the Government and General of the United States to appear and defend the interests of the Pleadings to be filed Government and of the Indians in the suit, and within sixty days after by Attorney-General the service of the petition upon him, unless the time shall be extended by order of the court made in the case, to file a plea, answer or demurrer on the part of the Government and the Indians, and to file a notice of any counterclaim, set-off, claim of damages, demand, or defense whatsoever of the Government or of the Indians in the premises: Provided, That should the Attorney-General neglect or refuse to file the plea, answer, demurrer, or defense as required, the claimant ney-General to plead, may proceed with the case under such rules as the court may adopt in ceed, but no judgment the premises; but the claimant shall not have judgment for his claim, or for any part thereof, unless he shall establish the same by proof satisfactory to the court; On failure of Attor claimant may pro without proof. em ploy special attorney. Provided, That any Indian or Indians interested in the proceedings Indians may may appear and defend, by an attorney employed by such Indian or Indians with the approval of the Commissioner of Indian Affairs, if he or they shall choose so to do. See note b, post p. 61. Papers on file may be read as evidence. 173 U.S., 79. 35 C. Cls. 36. Certain ity. allowed In considering the merits of claims presented to the court, any testimony, affidavits, reports of special agents or other officers, and such other papers as are now on file in the departments or in the courts, relating to any such claims, shall be considered by the court as competent evidence and such weight given thereto as in its judgment is right and proper: Provided, That all unpaid claims which have heretofore been examclaims to have prior ined, approved, and allowed by the Secretary of the Interior, or under his direction, in pursuance of the act of Congress making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes, for the year ending June thirtieth, eighteen hundred and eighty-six, and for other purposes, approved March third, eighteen hundred and eighty-five, and subsequent Indian appropriation acts, shall have priority of consideration by such court. Judgments for amounts found due opens. And judgments for the amounts therein found due shall be rendered, unless either party re- unless either the claimant or the United States shall elect to re-open the case and try the same before the court, in which event the testimony in the case given by the witnesses and the documentary evidence, including reports of Department agents therein, may be read as depositions and proofs: Burden of proof, if case reopened. Rules for taking testimony to be made by court. Rev. Stat.. 1075–1085. Parties made competent. Mar. 2, c. 359, s. 8, 24 Stat. 505. Judgment to be ren Provided, That the party electing to re-open the case shall assume the burden of proof. SEC. 5. That the said court shall make rules and regulations for taking testimony in the causes herein provided for, by deposition or otherwise, and such testimony shall be taken in the county where the witness resides, when the same can be conveniently done, And no person shall be excluded as a witness because he is party to dered against the or interested in said suit, and any claimant or party in interest may be United States and In- examined as a witness on the part of the Government; dians. Judgment to be charged against tribe. That the court shall determine in each case the value of the property taken or destroyed at the time and place of the loss or destruction, and, if possible, the tribe of Indians or other persons by whom the wrong was committed, and shall render judgment in favor of the claimant or claimants against the United States, and against the tribe of Indians committing the wrong, when such can be identified. SEC. 6. That the amount of any judgment so rendered against any tribe of Indians shall be charged against the tribe by which, or by Payment made, members of which, the court shall find that the depredation was committed, and shall be deducted and paid in the following manner: First, from annuities due said tribe from the United States; from what funds. Payments from Treasury to remain a ans. Second, if no annuities are due or available, then from any other funds due said tribe from the United States, arising from the sale of their lands or otherwise; Third, if no such funds are due or available, then from any appropriation for the benefit of said tribe, other than appropriations for their current and necessary support, subsistence and education; And, fourth, if no such annuity, fund, or appropriation is due or available, then the amount of the judgment shall be paid from the Treasury of the United States: Provided, That any amount so paid from the Treasury of the United charge against Indi- States shall remain a charge against such tribe, and shall be deducted from any annuity, fund or appropriation hereinbefore designated which may hereafter become due from the United States to such tribe. SEC. 7. That all judgments of said court shall be a final determination of the causes decided and of the rights and obligations of the parties thereto, and shall not thereafter be questioned unless a new trial or rehearing shall be granted by said court, or the judgment reversed or modified upon appeal as hereafter provided. Judgments final. List of judgments to be sent to Congress. SEC. 8. That immediately after the beginning of each session of Congress the Attorney-General of the United States shall transmit to the |