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History and Proposed Settlement Claims of California Indians (1944) (35 pages)
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Page: of 35
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34 HISTORY AND PROPOSED SETTLEMENT
On October 5, 1942, the Court of Claims handed down its interlocutory decree which
cleared away all technical objections to the Indians’ suit and paved the way for a trial
on the merits of the case
Nothing having been accomplished by October 5, 1942,
to amend the act, the Court announced its decision on that
date.® Briefly, the decision held that the plaintiffs were
entitled to recover, subject to allowable offsets, but that no
interest could be allowed on the amount of the net award,
if any.
The Attorney General then filed a motion for a new trial
-on the ground that certain of the Findings of Fact should be
amended and that the decision of the Court on the question
of the allowance of interest should be reconsidered. This item
of interest could conceivably have amounted to over $50,000,000 and overcome the “offsets.”
The Motion for New Trial was filed November 30, 1942,
but was overruled on January 4, 1943.
Thereafter, on March 29, 1943, Attorney General Robert
W. Kenny, who had taken office in January, 1943, filed in the
398 Cy. Cls. 583.