This suit was brought under an Act of May 26, 1920, conferring jurisdiction of claims asserted by plaintiffs against the defendant. It provides: 'That all claims of whatsoever nature' the plaintiffs may have against the United States 'which have not heretofore been determined by the Court of Claims' may be submitted to that court for determination of the amount, if any, 'due said Indians from the United States under any treaties, agreement, or laws of Congress, or for the misappropriation of any of the funds of said Indians, or for the failure of the United States to pay said Indians any money or other property due; and jurisdiction is hereby conferred upon the Court of Claims, with the right of either party to appeal to the Supreme Court of the United States, to hear and determine all legal and equitable claims, if any, of said Indians, against the United States, and to enter judgment thereon' (section 1); that if any claim be submitted to said courts they shall settle the rights therein, both legal and equitable, 'notwithstanding lapse of time or statutes of limitation, and any payment which may have been made upon any claim so submitted shall not be pleaded as an estoppel, but may be pleaded as an offset in such suits or actions.' Section 2.
The claim in suit is for the value of plaintiffs' rights in respect of about 87,000 acres which, less an admitted payment, is alleged to be $5,891,250. The answer is a general traverse. At the trial much evidence was taken, and the contentions of the parties were fully presented. The court made findings of fact, stated its conclusions of law, and dismissed the case.
Whether, assuming that before its passage plaintiffs gave defendant a valid release of the claim in suit, the act empowers the court to adjudicate that claim.
Whether the facts found are sufficient to show that the release given is invalid.
The findings are sufficiently reflected by the following narration. In 1864, plaintiffs held by immemorial possession more than 20,000,000 acres located within what now constitutes Oregon and California. By an act of March 25 of that year the President was authorized to conclude with them a treaty for the purchase of the country they occupied. The treaty was made October 14 following. A proviso sets apart a tract within the ceded country, to be held until otherwise directed by the President, as a residence for plaintiffs with specified privileges. Rights of way for public roads were reserved. Shortly before the treaty was made Congress granted Oregon, to aid in the construction of a road from the city of Eugene to the eastern boundary of the state, the odd-numbered sections for three in width on each side of the proposed road. Oregon accepted the grant and assigned it to a road company which undertook to construct the road. Congress recognized the assignment. Patents were issued to the state and to the road company for in all 420,240.67 acres, title to which was later acquired by a land company. Exclusive of right of way, 111,385 acres so acquired by that company were within the boundaries of the reservation and had been allotted in severalty to members of the tribe.
The act of March 2, 1889, directed suit by the United States to forfeit the grants for noncompliance with the specified conditions saving, however, the rights of bona fide purchasers. The company's title was held valid. United States v. California & O. Land Co., 148 U.S. 31, 13 S.Ct. 458, 37 L.Ed. 354. Then the United States brought another suit to recover the part of the lands within the reservation on the ground that by the terms of the grant they were expressly excepted. But, as that issue could have been raised in the first suit, it was held res adjudicata. United States v. California & Ore. Land Co., 192 U.S. 355, 24 S.Ct. 266, 48 L.Ed. 476.
The Secretary of the Interior reported the result of the litigation and expressed the opinion that the Indians should have compensation. Congress, by an act of June 21, 1906, authorized the Secretary to exchange unallotted lands in the reservation for the allotted lands earlier conveyed. The Secretary made an agreement with the land company pursuant to which on August 22, 1906, it conveyed the 111,385 acres back to the United States and in return the latter conveyed 87,000 acres of unallotted lands to the company. That transfer was made without the knowledge or consent of plaintiffs and without giving them any compensation for the lands so taken from their reservation.