Opinion of the Court 105 C. Cls. In case 21 the facts and the provisions of the act of May 27, 1902 (32 Stat. 245, 267), show that of the principal amount of $187,039.00 which bore interest at 4 percent per annum, the amount of $168,335.10 thereof was on deposit on May 2, 1902, and that this entire amount was disbursed shortly after May 27, 1902, for purposes other than those for which the amounts allowed as a recovery were disbursed. The difference of $18,703.90 of this interest-bearing fund was expended for attorney's fee (see findings 27 and 28). No interest is therefore allowed on the judgment of $23,347.65 in this case. The interest-bearing trust fund in case 23 arose under the act of May 29, 1908, sec. 6 of which provided that the proceeds from the sale of lands be deposited to the credit of the Indians and should bear interest at 3 percent per annum. This section further provided that the moneys derived from the sale of such land be expended for the benefit of the Indians under direction of the Secretary of the Interior. The interest-bearing trust fund principal in the total amount of $2,586,759.59, was made up of deposits over the period June 30, 1910 to June 30, 1925, inclusive. During the same period various disbursements, which included those in respect of which a recovery of $408,450.69 is allowed, were made from this fund. For the reasons above stated in case 19, we allow plaintiff interest at three percent on the amount of this judgment in case 23 from December 31, 1917 to January 7, 1946. Such interest amounts to $343,333.56. In case 24, as in case 23, the trust fund from the sales of land under the act of May 29, 1910, bore interest at 3 percent per annum. It was created by deposits over the period June 30, 1910 to June 30, 1925, inclusive. The disbursements in respect of which recovery has been allowed in the total amount of $414,234.80 above stated were made therefrom during the same periods. Interest at 3 percent per annum is therefore computed and allowed thereon from December 31, 1917 to January 7, 1946. This interest amounts to $348,195.45. Plaintiff is therefore entitled to recover for principal and allowable interest a total of $2,423,166.15 in five of these seven cases in the respective amounts of $547,347.60 in 725 Opinion of the Court case 18; $338,256.40 in case 19; $23,347.65 in case 21; $751,784.25 in case 23, and $762,430.25 in case 24. Plaintiff is not entitled to recover in cases 20 and 22. OFFSETS Under the facts stated in finding 80 and the tabulation set forth therein of gratuitous expenditures from public funds by defendant to June 30, 1925, under the act of March 2, 1889 (25 Stat. 888), for benefit of the Indians of the Sioux Tribe on the Pine Ridge, Rosebud, Standing Rock, Cheyenne River, Crow Creek, and Lower Brulé reservations, after their proportionate part of the permanent fund under the agreement of March 2, 1889 (25 Stat. 888), had been exhausted, the defendant is entitled to credits or offsets, from the excess gratuitous expenditures so made against the Indians of the plaintiff Sioux Tribe on the reservations mentioned in the amounts equal to the judgments hereinabove mentioned in Cases C-531 (18), (19), (21), (23) and a part of the judgment in case (24) as follows: Of the several amounts of gratuitous expenditures tabulated and totaled in finding 80, the following amounts remain unused as offsets after deducting the credits and offsets above stated: $364,671.18 in C-531 (18) and (19), Rosebud Reservation, expended 1922 to June 30, 1925; $1,566,056.55 in C-531 (20), Pine Ridge Reservation, expended 1916 to June 30, 1925; $283,974.58 in C-531 (21), Crow Creek Reserva Opinion of the Court 105 C. Cls. tion, expended 1914 to June 30, 1925; $248,757.30 in C-531 (22), Lower Brulé Reservation, expended 1903 to June 30, 1925; $14,930.53 in C-531 (23), Cheyenne River Reservation, expended in fiscal year 1925; and no amount remains unused in C-531 (24), Standing Rock Reservation. Plaintiff is not entitled to judgment in any of the seven cases C-531 (18) to (24), inclusive, on behalf of any of the Sioux Indians concerned, and the petitions are dismissed. It is so ordered. JONES, Judge, and WHITAKER, Judge, concur. MADDEN, Judge, and WHALEY, Chief Justice, took no part in the decision in these cases. CASES DECIDED IN THE COURT OF CLAIMS December 1, 1945, to April 1, 1945 INCLUSIVE, IN WHICH, EXCEPT AS OTHERWISE INDICATED, JUDGMENTS WERE RENDERED WITHOUT OPINIONS No. 45582. DECEMBER 3, 1945 Great Lakes Construction Co., a Corporation. Government contract. Upon a stipulation filed by the parties, and upon a memorandum report by a commissioner of the court recommending that judgment be entered for the plaintiff in the agreed sum of $9,000, and upon plaintiff's motion for judgment, it was ordered December 3, 1945, that judgment for the plaintiff be entered in the sum of $9,000. Albert G. Raisch. No. 45994. JANUARY 7, 1946 Government contract. Offset deducted by defendant for damage to Government airplane by truck operated by plaintiff. On offer of compromise made by the plaintiff, which was accepted by the defendant, and in accordance with a memorandum report by a commissioner of the court, it was ordered March 4, 1946, that judgment for the plaintiff be entered in the sum of $3,000. JUDGMENTS ENTERED UNDER THE ACT OF JUNE 25, 1938 In accordance with the provisions of the Act of June 25, 1938 (52 Stat. 1197), and on motion of the several plaintiffs (to which no objection had been filed by the defendant), and upon the several stipulations by the parties, and in accordance with the report of a commissioner in each case recommending that judgment be entered in favor of the respective plaintiffs in the sums named, it was ordered that judgments 817 105 C. Cls. be entered as follows, for increased costs under the National Industrial Recovery Act: ON FEBRUARY 4, 1946 No. 44313 Bausch & Lomb Optical Company. ON MARCH 4, 1946 $1,000. 00 Nos. 44421 and 44422 (consolidated) Jarcho Bros., Inc---- $5, 500. 00 Customs Service Pay Cases Extra pay for overtime; customs employees; meaning of "overtime" under the statute. On the basis of the opinion and mandate of the Supreme Court in the cases of Howard C. Myers (No. 43671) et al., 320 U. S. 561, and following the order of the Court of Claims therein, 101 C. Cls. 859; and upon stipulations of the parties in the cases set forth below, showing the amount due each of the plaintiffs in accordance with accountings made therein, and upon the report of a commissioner in each case recommending that judgment be entered in favor of the plaintiffs for the respective amounts stated in the several stipulations, and on motions by the several plaintiffs for judgment, which were allowed; it was ordered that judgment be entered in the respective amounts set forth below, as follows: No. 46448 Mary Louise Walrod, as Admx., etc- Charles O. Fisher $2,295.95 1,447.27 58.30 1,211. 82 478. 07 720. 42 1, 605. 64 937. 44 No. 46494 No. 46674 William H. Ellis___. No. 46675 Albert W. Goschnick_ 538. 48 1, 120. 68 963. 38 ON MARCH 4, 1946 No. 46455 Walter L. Clark__ $719. 44 2,234. 34 |