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Proviso.

Discretionary month. ly installments.

student at the Albuquerque Boarding School, New Mexico: Provided, That in the discretion of the Secretary of the Interior, the amount herein appropriated may be held as individual Indian money by the Superintendent of the Zuni Agency, New Mexico, and disbursed to the beneficiary at the rate of $30 a month.

Approved, June 27, 1934.

[CHAPTER 862.)

AN ACT June 27, 1934. (8. 2972.)

For the relief of John N. Knauff Company, Incorporated. (Private, No. 431.)

Be it enacted by the Senate and House of Representatives of the John N. Knauft Com. United States of America in Congress assembled, That the Secretary

Payment to, findings of the Treasury be, and he is hereby, authorized and directed to pay, of Court of Claims.

out of any money in the Treasury not otherwise appropriated, the sum of $19,032.78 to John N. Knauff Company, Incorporated, in full settlement of all claims against the Government for damage and loss incurred by said corporation in complying with the orders of the Surgeon General of the United States or his representatives on contract duly executed between the Government of the United States and the plaintiff corporation on January 28, 1920, providing for the making of certain repairs and alterations for the United States in the United States Public Health Service Hospital at Hudson, Jay, and Staple Streets, New York City, in 1920 and 1921, as found by

the Court of Claims and reported in Senate Document Numbered Proviso.

128, Seventy-third Congress, second session : Provided, That no part Limitation on attor. ney's, etc., fees. of the amount appropriated in this Act in excess of 10 per centum

thereof shall be paid or delivered to or received by any agent or agents, attorney or attorneys, on account of services rendered in connection with said claim. It shall be unlawful for any agent or agents, attorney or attorneys, to exact, collect, withhold, or receive any sum of the amount appropriated in this Act in excess of 10 per centum

thereof on account of services rendered in connection with said claim, Penalty for violation, any contract to the contrary notwithstanding. Any person violating

the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.

Approved, June 27, 1934.

June 27, 1934.

(H.R. 3295.) (Private, No. 432.)

(CHAPTER 863.)

AN ACT
For the relief of the estate of White B. Miller.

White B. Miller.

Payment to, for serv. ices.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the estate of White B. Miller, former special assistant to the Attorney General, the sum of $25,000 in full satisfaction of the claim of said estate against the United States for compensation for legal services rendered by the said White B. Miller on behalf of the United States in connection with the tax litigation involved in the Cannon against Bailey cases, a final report of which litigation was rendered by the deceased on March 14, 1929: Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or agents, attorney or attorneys, on account of services rendered in connection with said claim. It shall be unlawful for any agent or agents,

Proviso.

Limitation on attor. ney's, etc., fees.

attorney or attorneys, to exact, collect, withhold, or receive any sum of the amount appropriated in this Act in excess of 10 per centum thereof on account of services rendered in connection with said claim, any contract to the contrary notwithstanding. Any Penalty for violation, person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.

Approved, June 27, 1934.

(CHAPTER 864.)
AN ACT

June 27, 1934. Authorizing the relief of the McNeill-Allman Construction Company, Incorpo- (H.R. 5668.)

rated, of W. E. McNeill, Lee Allman, and John Allman, stockholders of the (Private, No. 433.) McNeill-Allman Construction Company, Incorporated, and W. E. McNeill

, dissolution agent of McNeill-Allman Construction Company, to sue in the United States Court of Claims. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That jurisdiction McNeill. Allman be, and it is hereby, conferred upon the Court of Claims, with right ny, Incorporated, otc. of appeal to the Supreme Court of the United States by either claims of, referred to party, to hear, examine, and adjudicate and render judgment upon the claim of McNeill-Allman Construction Company, Incorporated, of W. E. McNeill, Lee Allman, and John Allman, stockholders of the McNeill-Allman Construction Company, Incorporated, and W. E. McNeill, dissolution agent of McNeill-Allman Construction Company, for a refund of internal-revenue income and excess-profits taxes paid by said McNeill-Allman Construction Company, Incorporated, to the collector of internal revenue for the internal-revenue district of North Carolina in the sum of $4,320 for the fiscal year ending May 31, 1922, said Court of Claims being hereby granted jurisdiction to hear and determine the merits of said claim without

Statutory limitations regard to any statutory limitations with respect to the allowance waived. of a refund thereof should the same be found by said court to be legally or equitably due or refundable, such statute of limitation being hereby expressly waived.

Approved, June 27, 1934.

(CHAPTER 870.)
AN ACT

June 28, 1934.
Authorizing the Court of Claims to hear, consider, adjudicate, and enter judg- (S. 3517.)
ment upon the claims against the United States of J. A. Tippit, L. P. Hudson, [Private, No. 434.J
Chester Howe, J. E. Arnold, Joseph W. Gillette, J. S. Bounds, W. N. Vernon,
T. B. Sullivan, J. H. Neill, David C. McCallib, J. J. Beckham, and John
Toles.

Choctaw Indians.
Certain claims

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Court of
Claims is hereby authorized to hear, consider, and adjudicate the against, to be heard,

by Court of claims against the United States of J. A. Tippit, L. P. Hudson, Claims. Chester Howe, J. E. Arnold, Joseph W. Gillette, J. S. Bounds, W. N. Vernon, T. B. Sullivan, J. H. Neill, David C. McCallib, J. J. Beckham, and John Toles for services rendered and expenses incurred in connection with the identification, enrollment, removal, allotment, and subsistence of Mississippi Choctaw Indians to enable them to acquire citizenship in the Choctaw Nation of Oklahoma, and to render judgment therein in such amount as may be found to be legally or equitably due each claimant, after deducting such sum or sums the claimant may have collected or received from the Indian or

86637°-34-PT 2-12

Provisos.

No Federal obligation to be created.

Court limited.

pany.

Indians benefited by the said services or expenses: Provided, That nothing herein contained shall be construed to create any obligation not heretofore existing in law or equity against the United States

in its governmental capacity or as trustee for the individual Indians jurisdiction receiving the benefit of such services and/or expenses: Provided,

further, That the jurisdiction hereby conferred shall be limited to claims for services rendered and expenses incurred on behalf only of such Indian or Indians as were enrolled as citizens of the Choctaw

Nation under the provisions of the Choctaw-Chickasaw supplemental Vol. 32, P. 641; Vol. agreement approved by the Act of July 1, 1902, and ratified by the 34, p. 140.

Choctaws and Chickasaws on September 25, 1902 (32 Stat. 641, 651-652), and the provisions of this Act shall not be construed as authorizing the consideration or adjudication of any claim for services rendered and expenses incurred on behalf of any person not so

enrolled. Petition to be filed. Sec. 2. No claim herein authorized to be submitted to the Court

of Claims shall be heard or adjudicated by the court unless a petition duly verified by affidavit of the claimant or by his heirs, executors, or administrators, or by his or their agent or attorney, shall be filed

within one year from the date of this enactment, failing in which the Statements to accom- claim shall be forever barred. The petition shall fully set forth

the claim, what persons are owners thereof or interested therein, and when, and upon what consideration, such persons became so interested. The petition shall further set forth that no assignment or transfer of said claim or any part thereof or interest therein has been made, except as set forth in the petition; that the claimant is justly entitled to the amount therein claimed from the United States

after allowing all just credits and offsets, and that the petitioner Statement of amount believes the facts as stated in the petition are true. The said petition

shall contain an itemized statement of the amount or amounts claimed to be due, together with a full accounting for all sums had and received from the Indian or Indians benefited by the services rendered

and expenses incurred. Review of court's de

Sec. 3. All judgments and decrees entered by the Court of Claims cree by Supreme Court. Vol. 43, P. 939. under the provisions of this Act shall be subject to review by the

Supreme Court as provided in section 3 of the Act of February 13,

1925 (43 Stat. 936, 939). Attendance of Attor. Sec. 4. The Attorney General, or his assistants under his direc

tion, shall appear for the defense and protection of the interests of the United States in all actions filed in the Court of Claims under the provisions of this Act, with the same power to interpose counterclaims, offsets, defenses for fraud practiced or attempted to be practiced by claimants, and other defenses, in like manner as he is

required to defend the United States in other suits in said court. Depositions, etc., to SEO. 5. That in the hearing of any suit or suits brought in said be admitted in evi.

court under the provisions of this Act the Court of Claims is hereby Vol. 34, p. 140.

authorized to admit in evidence with such weight as to the court may seem proper all depositions and other competent evidence introduced in evidence and constituting a part of the record in said court in the case entitled " Estate of Charles F. Winton and others against Jack Amos and others ”, docket numbered 29,821.

Approved, June 28, 1934.

claimed.

ney General, etc.

dence.

CONCURRENT RESOLUTIONS

OF THE

TWO HOUSES OF CONGRESS

1469

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