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The treaty provided the Omahas should retain as their future reservation as the Indians might elect, either(1) All lands north of Ayoway Creek to the Missouri River on the north and the Pawnee line on the west; or (2) If they so elected, 300,000 acres south of Ayoway Creek. In this latter event they would be paid for their lands sold south of Ayoway Creek later found on survey to be 4,500,000 acres or at the rate of 19.6 cents per acre, as heretofore stated.

The Omahas elected to take 300,000 acres south of Ayoway Creek so as to be further away from the Sioux, and thereby became entitled to payment immediately for the excess land north of Ayoway Creek as per treaty agreement. The United States, however, without paying the Omahas for the lands north of Ayoway Creek, at once opened up this land to settlers, and received from them $1.25 per acre. The Omahas, blanket Indians, knowing something was due but not how much, demanded payment, and were told (1) The lands north of Ayoway Creek did not exceed 300,000 acres, or if they did exceed 300,000 acres the United States had never fixed the western boundary and never made survey to determine how much the excess was, and hence, not knowing how much to pay would pay nothing, but nevertheless took the Indian lands; (2) That the United States had extended the time for payment by the settlers, who however later paid the United States $1.25 per acre for what the United States had agreed to pay the Indians only 19.6 cents an acre, and then defaulted even as to this small amount.

The Omaha for two generations pressed the United States for settlement, but got nothing. Finally, one of their number having studied law drafted a jurisdictional act and Congress passed it. Being unfamiliar with the fact that the Court of Claims is prohibited from allowing interest except when expressly authorized, he relied on the general principles of law that if one party holds money belonging to another party he must pay interest for its use. When the case was tried in the Court of Claims the Omahas demanded $1.25 an acre, less cost or sale, and