That in the expenditure of appropriations in this act the United States Shipping Board Merchant Fleet Corporation shall, except as provided in the preceding paragraph, unless in its discretion the interest of the Government will not permit, purchase for use, or contract for the use of, within the limits of the United States only articles of the growth, production, or manufacture of the United States, notwithstanding that such articles of the growth, production, or manufacture of the United States may cost more if such excess of cost be not unreasonable.

And the Senate agree to the same.

The managers on the part of the House at the conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H. R. 16415) making appropriations for the Executive Office and sundry independent executive bureaus, boards, commissions and offices for the fiscal year ending June 30, 1932, and for other purposes, submit the following statement in explanation of the effect of the action agreed upon by the conference committee and embodied in the accompanying conference report as to the amendment as follows:

No. 69: The Senate had stricken from the bill the following House provision:

No part of the funds of the United States Shipping Board Merchant Fleet Corporation shall be available during the fiscal year 1932 for the purchase of any kind of fuel oil of foreign production for issue, delivery, or sale to ships at points either in the United States or its possessions.

And had inserted in lieu thereof the following:

That in the expenditure of appropriations in this act for the United States Shipping Board Merchant Fleet Corporation, the said corporation shall, when in its discretion the interest of the Government will permit, purchase for use, or contract for the use, within the limits of the United Sates only articles of the growth, production, or manufacture of the United States, notwithstanding any existing laws to the contrary.

The House had then receded from its disagreement to the amendment of the Senate and had voted to agree to the same with an amendment as follows:

No part of the funds of the United States Shipping Board Merchant Fleet Corporation shall be available during the fiscal year 1932 for the purchase of any kind of fuel oil of foreign production for issue, delivery, or sale to ships at points either in the United States or its possessions, where oil of the production of the United States or its possessions is available.

That in the expenditure of appropriations in this act the United States Shipping Board Merchant Fleet Corporation shall, except as provided in the preceding paragraph, unless in its discretion the interest of the Government will not permit, purchase for use, or contract for the use of, within the limits of the United States only articles of the growth, production, or manufacture of the United States, notwithstanding that such articles of the growth, production, or manufacture of the United States may cost more if such excess of cost be not unreasonable.

The Senate had then further insisted upon its previous action and had asked for further conference, to which the House had insisted upon its amendment to the amendment of the Senate and agreed to the conference.

The conference committee agreed upon the language set forth in the accompanying report, to be in lieu of all previous action of both Houses in the matter.

The recommendation of the committee of conference includes the language of the amendment of the House to the amendment of the Senate, with the following language added at the end of the first paragraph:

If the cost of such oil compared with foreign oil costs be not unreasonable.

EDWARD H. WASON,
JOHN W. SUMMERS,
C. A. WOODRUM,

Managers on the part of the House.

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HR-71-3-VOL 2- -53

COURT OF CLAIMS TO HEAR CLAIMS OF EASTERN EMMIGRANT AND WESTERN CHEROKEE INDIANS

FEBRUARY 20, 1931.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. WILLIAMSON, from the Committee on Indian Affairs, submitted the following

REPORT

[To accompany H. R. 16858]

The Committee on Indian Affairs, to whom was referred the bill (H. R. 16858) to confer jurisdiction on the Court of Claims to hear and determine certain claims of the Eastern Emmigrant and Western Cherokee Indians of Oklahoma and North Carolina, having considered the same, report thereon with a recommendation that it do pass with the following amendments:

Strike out all after enacting clause and substitute in lieu thereof the following:

That all claims against the United States of the Eastern or Emigrant Cherokees, so called, and the Western Cherokee or Old Settler Indians, so called, who are duly enrolled members of the Cherokee Tribe of Indians in Oklahoma, as classes, respectively, may be submitted to the Court of Claims, and jurisdiction is hereby conferred upon the Court of Claims notwithstanding the lapse of time or statutes of limitation to hear, examine, adjudicate, and render judgment in any and all legal and equitable claims arising under or growing out of any treaty or agreement between the United States and the Cherokee Indians, or arising under or growing out of any act of Congress in relation to Indian affairs which the said Eastern or Emigrant and Western or Old Settler Cherokees may have against the United States, which claims have not heretofore been determined and adjudicated on their merits by the Court of Claims or the Supreme Court of the United States and paid in full: Provided, That said Eastern or Emigrant and Western or Old Settler Cherokee Indians may act together or as two bodies hereunder as they may be advised: Provided further, That the said Eastern or Emigrant and Western or Old Settler Cherokees may intervene in any suit or suits now pending in the Court of Claims under authority of the act of Congress approved March 19, 1924, in which the Cherokee Nation is party plaintiff and the United States party defendant.

SEC. 2. Any and all claims against the United States within the purview of this act shall be forever barred unless suit or suits or intervening petition shall be filed, subject to amendment, however, as herein provided in the Court of Claims within two years from the date of approval of this act, and such suit or suits shall make the said Eastern or Emigrant and/or Western or Old Settler Cherokees party or parties, plaintiff, and the United States party defendant. The petition shall be verified by the attorney or attorneys employed to prosecute such claim

or claims under contract with the said Indians approved in accordance with existing laws and said contract shall be executed in their behalf by a committee or committees selected by said Indians or provided by existing law. Official letters, papers, documents and records, maps, or certified copies thereof may be used in evidence, and the departments of the Government shall give access to the attorney or attorneys of said Indians to such treaties, papers, maps, correspondence, or reports as they may require in the preparation and prosecution of any suit or suits instituted under this act.

SEC. 3. In said suit or suits the court shall also hear, examine, consider, and adjudicate any claims which the United States may have against the said Indian tribes or any of them, but any payment or payments which have been made by the United States upon any such claim or claims shall not operate as an estoppel, but may be pleaded as an offset in such suit or suits, and the United States shall be allowed to plead and shall be given credit for all sums, including gratuities, paid to or expended for the benefit of any of said nations, tribes, and classes of Indians.

SEC. 4. Any other tribes or bands of Indians the court may deem necessary to a final determination of any suit or suits brought hereunder may be joined therein as the court may order: Provided, That upon final determination of such suit or suits the Court of Claims shall have jurisdiction to fix and determine a reasonable fee, not to exceed 10 per centum of recovery or recoveries, together with all necessary and proper expenses incurred in the preparation and prosecution of such suit or suits to be paid to the attorney or attorneys employed as herein provided by the said Indians, and the same shall be included in the decree, and shall be paid out of any sum or sums adjudged to be due said Indians, or any of them, and the balance of such sum or sums shall be placed in the Treasury of the United States, where it shall draw interest at the rate of 4 per centum per annum, and be disposed of as provided by existing law.

Amend the title so as to read:

A bill to confer jurisdiction on the Court of Claims to hear and determine certain claims of the Eastern or Emigrant and the Western or Old Settler Cherokee Indians against the United States, and for other purposes.

Your committee struck out all after the enacting clause and have substituted the foregoing for the purpose of meeting the adverse report from the department and we believe the present bill overcomes their objections.

The purpose of this legislation is to give to the classes of Indians named therein the right to sue on causes of action concerning which the tribe as a whole could not raise and adjudicate for the reason that such matters do not concern the Cherokee Tribe. Certain causes of action effect only the Western Cherokees and in these the Eastern Cherokees or the Cherokee Tribe would have no interest. This is also true of the Eastern Cherokees and it is doubtful that the causes of action that exist in favor of these classes of Indians would be a proper subject matter to entitle them to intervene under the provisions authorizing intervention as contained in the jurisdictional act of May 19, 1924.

The report of the Secretary of the Interior, together with a letter from the Cherokee delegation indorsing this measure, are appended hereto and made a part of this report.

Hon. SCOTT LEAVITT,

DEPARTMENT OF THE INTERIOR,
Washington, February 19, 1931.

Chairman Committee on Indian Affairs,

House of Representatives.

MY DEAR MR. CHAIRMAN: In compliance with your request of February 11, for a report on H. R. 16858, which is a bill that would "confer jurisdiction on the Court of Claims to hear and determine certain claims of the Eastern Emmigrant