Joseph McKenna

“ U.S., the different phraseology of the act of March 3, 1885, would include claims in favor of those not citizens at the time of the depredations by the Indians, it was decided that they must be claims then 'pending'-that is, pending at the time of the ac-on behalf of citizens; and, as as it was such cases which 'were authorized to be examined' under the act of 1885, it was to such cases that the jurisdiction of the court of claims was extended by the second clause of the act of 1891. ”

“ The act of March 3, 1891, gives jurisdiction to the court of claims to 'inquire into and finally adjudicate, in the manner provided in this act, all claims of the following classes, namely:'
First. 'All claims for property of citizens of the United States taken or destroyed by Indians belonging to any band, tribe or nation in amity with the United States. ”

“ This view is attempted to be supported by analogy to sections 2289 and 2319 of the Revised Statutes, which respectively give to citizens and to those who have declared their intention to become such the right to enter agricultural or mineral lands, and the pra tice of the land department in such cases to give retroactive effect to a declaration of intention. ”