146. Definition of “Indian Country”June 25, 1948
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233 the Commission, together with the names of aged or invalid Indians from whom depositions should be taken immediately and a summary of their proposed testimonies. . . . Sec. 14. The Commission shall have the power to call upon any of the departments of the Government for any information it may deem necessary, and shall have the use of all records, hearings, and reports made by the committees of each House of Congress, when deemed necessary in the prosecution of its business. At any hearing held hereunder, any official letter, paper, document, map, or record in the possession of any officer or department, or court of the United States or committee of Congress (or a certified copy thereof), may be used in evidence insofar as relevant and material, including any deposition or other testimony of record in any suit or proceeding in any court of the United States to which an Indian or Indian tribe or group was a party, and the appropriate department of the Government of the United States shall give to the attorneys for all tribes or groups full and free access to such letters , papers, documents, maps, or records as may be useful to said attorneys in the preparation of any claim instituted hereunder , and shall afford facilities for the examination of the same and, upon written request by said attorneys, shall furnish certified copies thereof. Sec. 15. Each such tribe, band, or other identifiable group of Indians may retain to represent its interests in the presentation of claims before the Commission an attorney or attorneys at law, of its own selection, whose practice before the Commission shall be regulated by its adopted procedure. The fees of such attorney or attorneys for all services rendered in prosecuting the claim in question, whether before the Commission or otherwise , shall, unless the amount of such fees is stipulated in the approved contract between the attorney or attorneys and the claimant, be fixed by the Commission at such amount as the Commission, in accordance with standards obtaining for prosecuting similar contingent claims in courts of law, finds to be adequate compensation for services rendered and results obtained, considering the contingent nature of the case, plus all reasonable expenses incurred in the prosecution of the claim; but the amount so fixed by the Commission , exclusive of reimbursements for actual expenses, shall not exceed 10 per centum of the amount recovered in any case. . . . The Attorney General or his assistants shall represent the United States in all claims presented to the Commission. . . . [U.S. Statutes at Large, 60:1049–56.] 146. Definition of “Indian Country” June 25, 1948 “Indian Country” became a technical term with a specific legal definition when applied to law enforcement or tribal authority over lands. See Document 235 for its application by the Supreme Court to lands in Alaska in 1998. An Act to revise, codify, and enact into positive law, Title 18 of the United States Code, entitled “Crimes and Criminal Procedure.” . . . . chapter 53.—indians . . . .§ 1151. Indian country defined The term “Indian country,” as used in this chapter, means (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government , notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same. . . . . [U.S. Statutes at Large, 62:683, 757.] ...


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