Oliver Wendell Holmes, Jr.

“ We perceive no ground for the doubt suggested in the court of first instance whether this agreement applies to a sum allowed by the court of claims. That court merely rendered certain the amount appropriated in terms by Congress out of the Indian fund. The argument that there was a condition precedent that a new contract should be made with the Indians, although no doubt such a contract was hoped and worked for, is irreconcilable with the instrument as it stands, and appears to us not to be supported by the evidence, if that evidence were admissible without even a cross bill. ”

“ It appears to us wholly unpermissible to bring in the subsequent attempt of the court of claims to adjudicate on a quantum meruit under an act of Congress that had not then been passed, as satisfying the conditions of the contract, and binding the parties by virtue of the agreement, if not by its own proper force. ”

“ By an act of June 21, 1906, chap. 3504, 34 Stat. at L. 325, 377, 378, a million and a half dollars were set aside by Congress for payment to the Indians in respect of the matter as to which the contract contemplated that services would be rendered to them. This statute also gave jurisdiction to the court of claims to render a judgment in favor of Butler and Vale, attorneys, for all services by all lawyers to the Indians; the amount to be paid out of the fund, and to be apportioned among such lawyers by agreement among themselves. ”