Rex v. United States, 251 U.S. 382 (1920)

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Rex v. United States


No. 126


Argued January 13, 1920
Decided January 2, 1920
251 U.S. 382

APPEAL FROM THE COURT OF CLAIMS

Syllabus

The primary intent of the Act of January 11, 1915, c. 7,38 Stat. 791, amending the Indian Depredation Act, was to remove the defense of alienage, and it is only cases dismissed on that ground that it provides for reinstating. P. 384.

Assuming that, by omitting the word "band" from § 1 of the original act, the amendment recognized claims for depredations by hostile bands of friendly tribes, a claim of a citizen previously dismissed because the depredating band was hostile, though the tribe was not, is not subject to reinstatement under the amendment, and, treated as a new claim, it is barred by the three-years’ limitation of the original act. Id.

53 Ct.Clms. 320 affirmed.

The case is stated in the opinion.