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of $80,000 to the Pawnees, and agreed to make further payment for the surplus when ascertained after allotment in severalty, at $1.25 per acre, the Pawnees claiming they should receive the net proceeds the United States obtained from settlers, the United States having sold the surplus lands at $2.50 an acre. The United States having obtained the land for the settlers, just as in the Omaha case, lost interest in the matter; and on the ground it could not determine whether to pay at $1.25 or $2.50 an acre, it paid nothing further above the $80,000, just as in the Omaha case the excuse was the United States had not surveyed or fixed any western Omaha line and hence did not know how much land to pay for. The Pawnees obtained a jurisdictional act, and being drafted by lawyers familiar with the act creating the Court of Claims, the act permitted the Court to award interest if just, and the Court allowed and Congress paid the Pawnees $132,915.71 with interest from September 3, 1893 to 1920 (56 Ct. Cls, 15). This allowance was only just as in any case of assumpsit for money had received.

Congress in passing Jurisdictional Acts has repeatedly allowed interest in Indian claims, and one of such character now pending in the Court of Claims is that of the Osage Tribe, passed February 6, 1921. (41 Stats. 1097).

[[underlined]] LEGISLATIVE HISTORY OF THE OMAHA BELIEF BILL IN CONGRESS [[ underlined]]

After the Supreme Court of the United States rendered the opinion holding that under the Omaha jurisdictional act as passed by Congress, omitting the words "with interest", interest could not be paid notwithstanding the Court of Claims on the merits had allowed interest, the Omaha Indians had bills introduced in the 67th and 68th Congress for their relief.

Congressman Howard introduced H.R.8965, 68th Congress, on April 29, 1824. The bill was referred to the Committee on Indian Affairs. On May 20, 1924, the Secretary of the Interior submitted a report thereon as follows: