Proviso. Discretionary monthly installments. June 27, 1934. John N. Knauff Com- pany, Incorporated. of Court of Claims. 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 For the relief of John N. Knauff Company, Incorporated. 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, 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 128, Seventy-third Congress, second session: Provided, That no part Limitation on attor- 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. Proviso. ney's, etc., fees. June 27, 1934. [H.R. 3295.] [Private, No. 432.] White B. Miller. ices. Proviso. Limitation on attor ney's, etc., fees. Approved, June 27, 1934. For the relief of the estate of White B. Miller. 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, 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 Authorizing the relief of the 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, to sue in the United States Court of Claims. June 27, 1934. [H.R. 5668.] [Private, No. 433.] McNeill-Allman ny, Incorporated, etc. court of Claims. Construction Compa Claims of, referred to Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That jurisdiction be, and it is hereby, conferred upon the Court of Claims, with right of appeal to the Supreme Court of the United States by either 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 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 Statutory limitations June 28, 1934. (S. 3517.] Authorizing the Court of Claims to hear, consider, adjudicate, and enter judg- Choctaw Indians. etc., by Court of 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, 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. 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 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. 34, p. 140. Petition to be filed. pany. 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. claimed. Review of court's decree by Supreme Court. Vol. 43, p. 939. Attendance of Attorney General, etc. Depositions, etc., to be admitted in evidence. Vol. 34, p. 140. SEC. 3. All judgments and decrees entered by the Court of Claims 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). SEC. 4. The Attorney General, or his assistants under his direction, 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. SEO. 5. That in the hearing of any suit or suits brought in said court under the provisions of this Act the Court of Claims is hereby 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. |