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The treaty with the Klickatat Indians did not take effect until ratified. (Bush's Case, p. 144.)
It does not appear that the Yuma Indians have a tribal character. (Jaeger's Case, 1. 172.)
Where the evidence does not establish a malicious intent nor show such negligence as would establish a liability at common law, Indian defendants are not liable. (Ib.)
The depredations committed during the Rogue River war were the ravages of war . .
(Ross's Case, p. 176.) The treaty with the Rogue River Indians, 1853, reserved $15,000 to pay for the property destroyed. This is the exclusive remedy for persons whose property was destroyed. (16.)
Where the Secretary had not authority to examine a case the defendants do not assume the burden of proof by electing to reopen it. (Mares's Case, p. 197.)
The act March 3, 1885, does not authorize the Secretary to act where there is no express stipulation in a treaty. (16.)
The treaty with the Jacarilla Apaches does not authorize the Secretary to make awards. (16.)
A treaty obligation to cease all hostilities against the persons and property?' is noan obligation to pay claims. (16.)
The United States may exact indemnity as a condition of peace, but the courts can not. (16.)
The action of the Secretary under the act 29th May, 1872, was advisory to Congress. (16.)
Amity is jurisdictional in cases “which have been examined and allowed by the Interior Department. (16.)
The act 1891 does not create claims nor impose new liabilities, and the United States assumes liability only where the Indians are liable. (16.)
Where the political departments continued to recognize an Indian treaty, it must be inferred that the tribe was in amity. But such a presumption is not conclusive. (16.)
Amity may exist, though individuals or a party within the tribe raid on citizens of the United States. (16.)
The act 1891 does not create liabilities, nor assume them further than this, that where a tribe can not be identified, or is without funds, the United States assume the liability. (Love's Case, p. 332.)
The liabilities which the judiciary can recognize stated. (Ib.)
Where war was the condition of the time and the taking or destruction the exercise of a belligerent right, the loss must be borne by him on whom it falls. (Ib.)
That a depredation was an act of war is a good defense, whether the claim was or was not examined and allowed by the Secretary of the Interior. (Cox's Case, p. 349.)
When an allowed case has been reopened, the defendants may set up any defense. (16.)
Under the Indian depredation act, 1891, "no case shall be considered as pending unless evidence has been presented therein.” (Weston's Case, p. 420.)
The sworn allegations of the claimant appended to his claim are not evidence within the intent of the act. *(76.)
The act 1891 relates exclusively to claims for property; not to injuries to person. (Friend's Case, p. 425.)
The treaty with the Comanches, 1868, does not prescribe damages for personal injuries or compensation for keeping in captivity a child. (16.)
Statement showing amount of money appropriated by Congress for the payment of “Indian
AMOUNTS APPROPRIATED FOR INDIAN DEPREDATION CLAIMS DURING THE FIFTY.
SECOND, FIFTY-THIRD, FIFTY-FOURTH, FIFTY-FIFTH, FIFTY-SIXTH, FIFTY-
$478, 252. 62 Fifty-third Congress...
375,000.00 Fifty-fourth Congress.
49, 687. 86 Fifty-fifth Congress: Second session (act July 7, 1898).
$331, 771. 55 Third session (act Mar. 3, 1899)..
368, 594. 50
700, 366. 05 Fifty-sixth Congress: First session (act Feb. 9, 1900)
396, 967.00 (act June 6, 1900)
466, 379.00 Second session (act Mar. 3, 1901).
1, 299, 074.00 Fifty-seventh Congress: First session (act Feb. 14, 1902).
161, 726.00 (act July 1, 1902)..
447, 486.00 Second session (act Mar. 3, 1903).
261, 767. 69
870, 979. 69 Fifty-eighth Congress: Second session (act Feb. 18, 1904).
65, 446.00 (act Apr. 27, 1904)
129, 889.00 Third session (act Mar. 3, 1905).
447, 300.00 Fifty-ninth Congress: First session (act Feb. 27, 1906).
41, 210.00 (act June 30, 1906).
190, 328.00 Second session (act Mar. 4, 1907).
286, 747.00 Total........
4, 507, 407. 22 Note.-This class of claims are settled in the office of the Auditor for the Interior Department.
ACT OF CONGRESS RELATING TO DERELICT PROPERTY.
(16 Stat, L., p. 380.)
JOINT RESOLUTION To enable the Secretary of the Treasury to
collect wrecked and abandoned property, derelict claims, and dues belonging to the United States.
Be it resolved by the Senate and House of Representa
tives of the United States of America in Congress assemSecretary Treasury
ay bled, That the Secretary of the Treasury is hereby authorwrecked ized to make such contracts and provisions as he may
abandoned property, derelict deem most advantageous for the interests of the Governclaims, and dues ment, for the preservation, sale, or collection of any propUnited States. erty, or the proceeds thereof, which may have been
wrecked, abandoned, or become derelict, being within the
jurisdiction of the United States, and which ought to come to the United States, or any moneys, dues, and other interests lately in the possession of or due to the so-called Confederate States, or their agents, and now belonging to the United States, which are now withheld or retained by any person, corporation, or municipality whatever, and which ought to have come into the possession and pay a x. addresom custody of, or been collected or received by, the United giving intorStates; and in such contracts to allow such compensation mation, etc. to any person giving information thereof, or who shall actually preserve, collect, surrender, or pay over the same, as the Secretary of the Treasury may deem just and reasonable: Provided, That no cost or claim, of whatever. No cost to be name or nature, shall become chargeable to the United shall not be States in so obtaining, preserving, collecting, receiving, erty collected or making available property, debts, dues, or interests, which shall not be paid from such moneys as shall be realized and received from the property so collected under each specific agreement.
Approved June 21, 1870.
LAWS RELATING TO THE RELIEF OF SOLDIERS OF THE
ORDERS RESPECTING SPECIAL PROVOST-MARSHALS, AND DEFINING
[12 Stat. L., sec. 26, p. 735.)
other purposes.) SEC. 26. And be it further enacted, That, immediately after the passage of this act, the President shall issue his president proclamation declaring that all soldiers now absent from tion to soldiers their regiments without leave may return within a time absent, to return, specified to such place or places as he may indicate in his proclamation, and be restored to their respective regiments without punishment, except the forfeiture of their pay and allowances during their absence; and all de- Deserters not
returning, how serters who shall not return within the time so specified punished! by the President shall, upon being arrested, be punished as the law provides.
Approved March 3, 1863.
[13 Stat. L., p. 490, sec. 21.]
[Extract from an act to amend the several acts heretofore passed to provide for the
ezrolling and calling out the national forces, and for other purposes. I
Penalty for de
SEC. 21. And be it further enacted, That, in addition sertion, etc.
to the other lawful penalties of the crime of desertion from the military or naval service, all persons who have deserted the military or naval service of the United States, who shall not return to said service, or report themselves to a provost-marshal within sixty days after the proclamation hereinafter mentioned, shall be deemed
and taken to have voluntarily relinquished and forfeited Rights its citi- their rights of citizenship and their rights to become
citizens; and such deserters shall be forever incapable of holding any office of trust or profit under the United States, or of exercising any rights of citizens thereof; and all persons who shall hereafter desert the military
or naval service, and all persons who, being duly enrolled, Leaving
tha shall depart the jurisdiction of the district in which he is country to avoid draft to incur like enrolled, or go beyond the limits of the United States, penalty.
with intent to avoid any draft into the military or naval
service, duly ordered, shall be liable to the penalties of President
tothis section. And the President is hereby authorized and proclaim this law.
required forthwith, on the passage of this act, to issue his proclamation setting forth the provisions of this section, in which proclamation the President is requested to notify all deserters returning within sixty days as aforesaid that they shall be pardoned on condition of returning to their regiments and companies or to such other organizations as they may be assigned to, until they shall have served for a period of time equal to their original term of enlistment.
Approved, March 3, 1865.
[15 Stat. L., p. 14.)
AN ACT For the relief of certain soldiers and sailors therein designated.
Be it enacted by the Senate and House of Representa
tives of the United States of America in Congress assemCertain soldiers bled, That no soldier or sailor shall be taken or held be deemed desert- to be a deserter from the Army or Navy who faithfully of Navy, so as to served according to his enlistment until the nineteenth lose their citizen- day of April, eighteen hundred and sixty-five, and who,
Forfeitures of without proper authority or leave first obtained, did quit parte &c., not re- his command or refuse to serve after said date; but noth
ing herein contained shall operate as a remission of any forfeiture incurred by any such soldier or sailor of his pay, bounty, pension, or other allowances, but this act shall be construed solely as a removal of any disability such soldier or sailor may have incurred by the loss of his citizenship in consequence of his desertion.
Approved, July 19, 1867.
[22 St. L., p. 347.) AN ACT To relieve certain soldiers of the late war from the charge
Soldiers absent, etc., who returned
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the charge of desertion now standing on with eldesertion, the rolls and records in the Office of the Adjutant Gen- absent, etc., when eral of the United States against any soldier who served mustered out to in the late war in the volunteer service shall be removed receive honorable in all cases where it shall be made to appear to the satis- evidence, &c. faction of the Secretary of War, from such rolls and records, or from other satisfactory testimony, that any such soldier served faithfully until the expiration of his term of enlistment, or until the twenty-second day of May, anno Domini eighteen hundred and sixty five, or was prevented from completing his term of service by reason of wounds received or disease contracted in the line of duty, but who, by reason of absence from his command at the time the same was mustered out, failed to be mustered out and to receive an honorable discharge.
SEC. 2. That the charge of desertion standing on the rolls and records in the Office of the Adjutant General to duty; charge of of the United States against any soldier who served in moved. the late war in the volunteer service, shall also be removed in all cases where it shall be made to appear to the satisfaction of the Secretary of War, from such rolls and records, or from other satisfactory testimony, that such soldier charged with desertion or with absence without leave, did not intend to desert and after such charge of desertion or absence without leave, voluntarily returned to his command and served in the line of his duty until he was mustered out of the service and received a certificate of honorable discharge.
SEC. 3. That in all cases where the charge of desertion discharge to be shall be removed under provisions of this act from the issued, etc. record of any soldier who has not received a certificate of discharge it shall be the duty of the Adjutant General of the United States to issue to such soldier, or in case of his death, to his heirs or legal representatives, a certificate of discharge.
SEC. 4. That when the charge of desertion shall be re- Pay and bounty. moved under the provisions of this act from the record of any soldier, such soldier, or, in case of his death, the heirs or legal representatives of such soldier, shall receive all pay and bounty which may have been withheld on account of such charge of desertion or absence without leave: Provided, however, That this act shall not be Provisos. so construed as to give to any such soldier as may be entitled to relief under the provisions of this act, or, in case of his death, to the heirs or legal representatives of any such soldier the right to receive pay and bounty for any period of time during which such soldier was absent