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History and Proposed Settlement Claims of California Indians (1944) (35 pages)
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Page: of 35
\j 28
HISTORY AND PROPOSED
SETTLEMENT
On May 18, 1928, the Congress finally passed a special Jurisdictional Act under which
suit was instituted for all claims of the California Indians against the United States by ;
reason of their failure to obtain the lands and compensation provided in the 3
unratified treaties
This law is known as the California Indians’ Jurisdictional
Act of 1928 (45 Stats. 602). It provides the sole measure of
relief available to the Indians today.
In many respects the 1928 Act is a remarkable and
unique law.
It provided that the Indians were to get their relief through
the Court of Claims but that the necessary lawsuit could not
be conducted by private counsel, but only by the State Attorney General, whose services had been donated the Indians by
the Legislature.
It provided a “srraight-jacket” which limited the Court
of Claims in exercising any discretion in behalf of the Indians.
This was accomplished by putting a ceiling on the value of the
Indian land at $1.25 an acre and limiting the recovery to the
scope of the promises of the 1852 unratified treaties.
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