There is here but a single question for this court to review, and that relates to the right of the court of claims to render judgment against the United States alone under the Indian depredation act where the tribe of Indians to which the depredators belong cannot be identified, and such inability is stated and judgment rendered against the United States only.
The act in question is entitled 'An act to provide for the adjudication and payment of claims arising from Indian depredations,' approved March 3, 1891. 26 Stat. 851, c. 538.
Under that act jurisdiction is conferred upon on the court of claims to inquire into and finally adjudicate, in the manner provided in the act, first, all claims for the property of citizens of the United States taken or destroyed by Indians belonging to any band or tribe or nation 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.
The second section of the act waives all questions of limitation as to the time and manner of presenting such claims, provided that no claim accruing prior to July 1, 1865, is to be considered by the court unless the claim shall be allowed, or has been or is pending, prior to the passage of the act, before congress, or before the other officers named therein.
The third section provides that all claims shall be presented to the court by petition setting forth 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 fourth section provides for service of the petition upon the attorney general of the United States, and makes it his duty to appear and defend 'the interests of the government and of the Indians in the suit.' It provides for the filing of a proper plea by the attorney general, and that in case of his neglect to do so the claimant may proceed with the case, but he 'shall not have judgment for his claim or for any part thereof unless he shall establish the same by proof satisfactory to the court.'
The fifth section provides, among other things, '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 tribes of Indians committing the wrong when such can be identified.'
The sixth section provides that the amount of the judgment rendered against any tribe of Indians shall be charged against the tribe by which, or by the 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; 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 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.'
The eighth section provides 'that immediately after the beginning of each session of congress the attorney general of the United States shall transmit to the congress of the United States a list of all final judgments rendered in pursuance of this act in favor of claimants and against the United States, and not paid as hereinbefore provided, which shall thereupon be appropriated for in the proper appropriation bills.'
The tenth section provides for an appeal by the claimant, or the United States, or the tribe of Indians, or other party thereto interested in any proceeding brought under the provisions of the act.