Congress was also acutely
aware that litigation in many instances would be unfair to void title holders
who had purchased Indian property many years ago without the knowledge of the
Indian claims, although they are chargeable by law with knowledge thereof. The
Congressmen were also troubled by the serious problem of complicity on the part
of the federal government in bringing about many improper transfers and
encumbrances of Indian land (e.g., Secretarial transfer, Forced fee and Old Age
Assistance claims): including 10,000,000 acres of trust allotments, the private
property of the Indian claimants, who were the victims of the forced patents
conspiracy.
In Oversight
Hearings on Statute of Limitations Before the Senate Select Committee on Indian
Affairs, 96th Cong., 1st Sess. 3-13 (1979) Statement of
Forrest Gerard, Assistant Secretary for Indian Affairs: “Litigation was thought
inappropriate in these cases because the government would have to sue itself on
behalf of Indian claimants.” Congress reacted to these concerns by adding Section
2 to Public Law 96-217 so that innocent Indian claimants would be given
thorough consideration, even though judicial resolution of their claims might
be ruled out.
-The Sacred Buffalo Vision by Robert J. Juneau and Robert C. Juneau
pg.167-168
-The Sacred Buffalo Vision by Robert J. Juneau and Robert C. Juneau
pg.167-168
No comments:
Post a Comment