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interest for the lands the United States had taken north of Ayoway Creek and never paid for, on the ground the United States as trustee and guardian for the Indians should (a) as trustee allow the Omahas the net proceeds the United States had received for the lands; and (b) interest on the ground the money when paid by settlers had gone into the United States Treasury and really belonged to the Omahas and should have been so credited. 

The Court of Claims decided the amoung that should have been paid by the United States and credited to the Indians was only at the actual rate of Omahas had sold for, namely, 19.6 cents an acre, and not the net proceeds received by the United States shortly after 1854-7. The Court originally, as shown by Judge Hay's printed first opinion, awarded this sum and [[underlined]] interest [[/underlined]], recognizing the manifest justice of payment of interest. Government counsel moved for a new trial on the ground the act creating the Court of Claims prohibited the Court allowing interest, however just, and the Court subsequently struck out the allowance of interest. 

It would seem plain that allowance of interest to the Indians is but partial and tardy justice. The United States made a huge profit on the lands in a short time and received and has used the money. The Act of Congress approved February i, 1925, (43 Stats. 820) requires the Omahas to execute a full release of all claims against the United States, and provide for payment to them of the interest sum clearly and justly due and much less than the fair and reasonable value of the lands as paid by the settlers. An appropriation for payment of this interest will simply be carrying out a law enacted by Congress and in real fulfilment of the Indian treaty obligations and plighted faith of the United States.

Moreover, there are a number of precedents for allowance of interest in such cases, viz: United States vs. Old Settlers, 148 U, S., 427 ; United States vs. McKee 91 U. S. 442. A very recent precedent is, Pawnee Tribe of Indians vs. the United States 56 Court of Claims, 1-15. There the United States bought the surplus lands of the Pawnees in Oklahoma in excess of allotments in severalty, made a down payment