'-^ JOHN M '"^ 5 3'. N 21 CORNELL UNIVERSITY LIBRARY L^ 924 102 204 280 The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924102204280 In compliance with current Copyright law, Cornell University Library produced this replacement volume on paper that meets the ANSI Standard Z39.48-1992 to replace the irreparably deteriorated original. 2006 Huntington Free Library Native American Collection CORNELL UNIVERSITY LIBRARY CODIFICATION, ANNOTATION, AND REVISION OF INDIAN LAWS PREPARED BY THE COMMITTEE ON REVISION OF THE LAWS OF THE HOUSE OF REPRESENTATIVES IN COMPLIANCE WITH HOUSE RESOLUTION NO. 134, SIXTY-FOURTH CONGRESS, FIRST SESSION WASHINGTON : GOVERNMENT FEINTING OFFICE : 1917 CODIFICATION, ANNOTATION, AND REVISION OF INDIAN LAWS REPORT OF THE COMMITTEE. INDIANS. Ohaptee One. officbes and agencies. Sec. \ 1. Board of Indian commissioners. 2. Secretary to the Commission. 3. Duties of the Commission. 4. Power to investigate contracts. 5. Indian inspectors. 6. Salaries and expenses. 7. Powers and duties of inspectors. 8. Irrigation inspectors. 9. Salaries apd expenses. 30. Indian service inspectors. 11. Superintendents of irrigation. 12. Indian agents; duties of, may be imposed upon superintendents of Indian schools. 13. Superintendent of Cherokee training school to act as agent. 14. President may abolish agencies. 15. Salary of Indian agents; when not avail- able. 16. Term of office. 17. Bond of Indian agents, etc. 18. Duties of Indian agents. 19. Discontinuance, transfer, and consolidation of agencies. 20. Residence of Indian agents. 21. Agents in California not to visit WasHngton. 22. Army officers detailed as Indian agents. ' 23. No compensation for extra services. 24. Acknowledgment of deeds, etc., by agents. 25. Appointment of sub-agents. Sec. 26. Limits of agencies and sub-agencies. 27." Special agents and commissioners. 28. Traveling allowances to special agents. 29. Interpreters to the agencies. 30. Preference to Indians. 31. Tribes to have the direction of certain em^ ployees, when. 32. Certain officers discontinued, when. 33. No person to hold two offices; leaves of absence. 34. Accountability of agents. 35. Additional security. 36. Large per capita payments .to Indians. 37. Compensation prescribed to be in full. 38. Allowances for traveling expenses. 39. Employees not to trade with Indians. 40. Special agents, etc., may administer oaths. 41. Practical farmers and stockmen may be employed. 42. Matrons to teach housekeeping may be employed. 43. Indians to be employed at agencies. 44. Expenses of clerks on special duty. 45. Limit to compensation of employees at agencies. 46. Transfer of funds for payment of employees; employees may be detailed for other service. 47. Oaths of employees. Board of Indian 1 Seo. 1. There shall be a board of Indian conunis- commissioners. ct'^cr.'zes!' ^■' ^ 2 sioners, composed of not more than ten persons, appointed « 3 by the President solely from men eminent for intelligence 4 and philanthropy, and who shall serve without pecuniary 5 compensation. [R. S., s. 2039.] Sec. 2. The board of commissioners mentioned in the 7 preceding section shall have power to appoint a secretary, 8 not a member of said board, who shall be entitled to such Secretary to the Q Commission. 3 EXISTING LAW. SEC. 1. R. S., Sec. 2039. There shall be a board of Indian commissioners, Board of Indian composed of not more than ten persons, appointed by the President commissioners, solefy, from men eminent for intelligence and philanthropy, and who lo April 1869 c shall serve witholit pecuniary compensation. 16, s. 4, v. 16, p.'46 15' July, 1870, c. 296, 3. 3, V. 16, p. 360. SEC. 2. R. S., Sec. 2040. The board of commissioners nientioned in the Secretary to the preceding section shall have power to appoint one of their own num- co mmissioners. ber as secretary, who shall be entitled to such reasonable compensa- 15 July, 1870, c. tion as the board may designate, payable from any moneys appro- 296, s. 3, v. 16, p. priated for the expenses of the board. ^^^- REPORT OF THE COMMITTEE. 1 reasonable compensation as the board may designate, payable 2 from any moneys appropriated for the expenses of the board. 3 [R. S., s. 2040. 24Aug.,191,2,37Stat.L.,518, c. 388,s. 1.] Duties of the 4 ggQ^ 3_ ^he board of commissioners mentioned in Comnussxon. 5 section one shall have power to visit and inspect agen- 6 cies and other branches of the Indian service, and to 7 inspect goods purchased for said service; and the Oom- 8 missioner of Indian Affairs shall consult with the com- 9 mission in the purchase of supplies. The commission 10 shall report their doings to the Secretary of the Interior. 11 [R. S., s. 2041. 17 May, 1882, 22 Stat. L., 70, c. 163, 12 1 Supp., 343.] tigatrcontocte^^^ 1^ Sec. 4. Any member of the board of Indian commis- 14 sioners is empowered to investigate all contracts, expendi- 15 tures, and accounts in connection with the Indian service, 16 and shall have access to all books and papers relating thereto 17 in any Government office; but the examination of vouchers ^8 and accounts by the executive committee of said board shall 19 not be a prerequisite of payment. [R. S., s. 2042 .j ^Jl^^"" ^°^^"=- 20 Sec. 5. There shall be appointed by the President, 37 ct. cis.,' 119. '21 by and with the advice and consent of the Senate, two Indian 22 inspectors, who shall be engineers, one of whom shall be 23 designated as chief, and shall he competent in the location, 24 construction, and maintenance of irrigation works, to per- 25 form the duties required of such inspectors by the provisions 4 EXISTING LAW. Indian Act of Aug. 24, 1912, 37 Stat. L., 518. ' * * * Prom(Zg(Z,Thatliereafter the Board of Indian Commission- Proviso, ers is authorized to employ a secretary, not a member of said board, , Secretary al- and pay his salary out of the appropriation herein made or which °^® ^^^' shall hereafter be made for said board. SEC. 3. R. S., Sec. 2041. The board of commissioners mentioned.in section Duties of the two thousand and thirty-nine shall supervise all expenditures of commisaioners. money appropriated for the benefit of Indians within the limits of 15 July, 1870, c. the United States; and shall inspect all goods purchased for Indians, 296, s. 3, v. 16, p. in connection with the Commissioner of Indian Affairs, whose duty it ^^*'- shall be to consult the commission in making purchases of such goods. Indian Act of May 17, 1882, 22 Stat. L., 70. The board of commissioners mentioned in section two thousand Report, and thirty^nine shall only have power to visit and inspect agencies Duties and pow- and other branches of the Indian service, and to inspect goods pur- chased for said service ; and the Commissioner of Indian Affairs shall consult with the commission in the purchase of supplies. The com- mission shall report their doings to the Secretary of the Interior. SEC. i. E. S., Sec. 2042. Any member of the board of Indian commis- Power to investi- sioners is empowered to investigate all contracts, expenditures, and gate contracts. accounts in connection with the Indian service, and shall have access 29 May, 1872, c. to all books and papers relating thereto in any Government office; 233, s. l, v. 17, p. but the examination of vouchers and accounts by the executive com- ■'^^^■ mittee of said board shall not be a prerequisite of payment. SEC. 5. R. S., Sec. 2043. There shall be appointed by the President, by Appointment of and with the advice and consent of the Senate, a sufficient number ^^^^n J^|'=*°''^! of Indian inspectors, not exceeding five in number, to perform the : duties required of such inspectors by the provisions of this Title. 14 Feb., 1873, c. Each inspector shall hold his office for four years, unless sooner re-^^°' ''• "' ^- '-'' v- moved by the President. Indian Act of Mar. 3, 1875, 18 Stat. L., 422. For pay of three Indian inspectors, at $3,000 each, $9,000: Pro- Inspectors. vided, That after the commencement of the next fiscal year there shaU g^^g "^ °' '''" be but three inspectors; and the provision of law requiring that each agency shall be visited and examined by one or more of the inspectors at least twice in each year is hereby repealed. REPORT OF THE COMMITTEE. 1 of this Title. Each inspector shall hold his office for four 2 years, unless sooner removed by the President. [R. S., s. 3 2043. 3 Mar., 1875, 18 Stat. L., 422, c. 132; ISupp., 79.. 4 3 Mar., 1905, 33 Stat. L., 1049, c. 1479. 4 Mar., 1909, 35 5 Stat. L., 888, c. 297.] Salaries and ex- Q gEC. 6. The cMef luspector shall receive a salary 37 0^ els'": lYg.^" 7 of 13,500 a year, and the other inspector $2,500. Each 8 inspector shall be allowed $3 per day for traveling and inci- 9 dental expenses when actually employed on duty in the 10 field, exclusive of transportation and sleeping-car fare. 11 [E. S., s. 2044. < 3 Mar., 1905, 33 Stat. L., 1049, c. 1479.] Powers and 12 Sbo. 7. Each Indian agency shall be visited and duties of inspec- - Cherokee Nation 1^ examined as often as the Secretary of the Interior shall direct. V. S. Kansas R. goo'lL^h.'l'.u^E'; 14 Such examination shall extend to a full investigation of all 37 6t. Cls., il9. 15 matters pertaining to the business of the agency, including 6 EXISTING LAW. Indian Act of Mar. 3, 1905, 33 Stat. L., 1049. For pay of eight Indian inspectors, two of whom shall be engineers, Inspectors. one to be designated as chief, competent in the location, construction. Irrigation. and maintenance of irrigation works, at two thousand five hundred dollars per annum each, except the chief engineer, who shall receive three thousand five hundred dollars, twenty-one thousand doUars: Provided, That the requirement of two engineers skilled in irrigation Proviso. shaU become immediately operative. ' Skilled engi- neers. CHAP. 297.— An Act Making appropriations for the legislative, executive, and judicial March 4, 1909. expenses of the Government for the fiscal year ending June thirtieth, nineteen hun- [H. R. 23464 ] dred and ten, and for other purposes. Indian Act of Mar. 3, 1909, 35 Stat. L., 392. [Public,No.326.] DEPARTMENT OF THE INTERIOR. Department of the Interior. * ' * * two special inspectors, whose employment shall be limited Special insi^ec- to the inspection of offices and the work in the several offices under *°r^- the control of the Department of the Interior, at two thousand five hundred dollars each; six Indian inspectors, not required to be engi- neers, now employed and appropriated for in the Indian Depart- ment, at two thousand five hundred doUars each, and said Indian inspectors shall hereafter be termed inspectors, and shall be included in the classified service. INSPECTORS. Inspectors. For pay of two Indian inspectors, who shall be engineers, one to be Irrigation engi- designated as chief, competent in the location, construction, and '^®^'"^- maintenance of irrigation works, one at two thousand five hundred dollars per annum and one at three thousand five hxmdred doUars per annum; in all, six thousand doUars. For traveling expenses of two Expenses. Indian inspectors, at three dollars per day when actuaUy employed on duty in the field, exclusive of transportation and sleeping-car fare, in lieu of all other expenses now authorized by law, for mcidental expenses of negotiation, inspection, and investigation, including tele- graphing and expense of going to and coming from the seat of govern- ment, and while remaining there under orders and direction of the Secretary of th^ Interior, for a period not to exceed twenty days, three thousand eight hundred doUars. SEC. 6. R. S., Sec. 2044. Each inspector shall receive an annual salary of Salary and ex- three thousand doUars and his necessary traveling expenses, not P^"^^^- exceeding ten cents a mUe for actual travel whUe in discharge of his Ibid, duty, a statement of which expenses as to each inspector shall accom- pany the annual report of the Secretary of the Interior. * * * Indian Act of Mar. 3, 1905, 33 Stat. L., 1049. For pay of eight Indian inspectors, two of whom shall be engineers. Inspectors, one to be designated as chief, competent in the location, construction. Irrigation, and maintenance of irrigation works, at two thousand five hundred doUars per aimum each, except the chief engineer, who shall receive three thousand five hundred doUars, twenty-one thousand doUars: Proviso. Provided, That the requirement of two engineers skilled in irrigation Skilled engi- shaU become immediately operative. neers. SEC. 7. R. S., Sec. 2045. Each Indian superintendency and agency shaU be . Powers and du- visited and examined as often as twice a year by one or more of the ties of inspectors. inspectors. Such examination shaU extend to a fuU investigation of Ibid, all matters pertaining to the business of the superintendency or ^^° ^^e section agency, including an examination of accounts, the manner of expend- ^^ 3 i875 ^18 ing money, the number of Indians provided for, contracts of aU kinds stat. L.', 422 [cited coimectea with the business, the condition of the Indians, their ad- above]. ' vancement in civilization, the 'extent of the reservations, and what 1 REPORT OP THE COMMITTEE. 1 an examination of accounts, the manner of expending money, 2 the number of Indians provided for, contracts of all kinds 3 connected with the business, the condition of the Indians, 4 their advancement in civilization, the extent of the reserva- 5 tions, and what use is made of the lands set apart for that 6 purpose, and, generally, all matters pertaining to the Indian 7 service. For the purpose of making such investigations, 8 each inspector shall have power to examine all books, papers, 9 and vouchers, to administer oaths, and to examine on oath 10 all "officers and persons employed in the agency, and all such 11 other persons as he may deem necessary or proper. The 12 inspectors, or any of them, shall have power to suspend any 13 agent or employee, and to designate some person in his place 14 temporarily, subject to the approval of the President, making 15 immediate report of such suspension and designation; and 16 upon the conclusion of each examination a report shall be 17 forwarded to the President without delay. The inspectors, 18 in the discharge of their duties, jointly and individually, 19 shall have power by proper legal proceedings, which it shall 20 be the duty of the district attorney of the United States for 21 the appropriate district duly to effectuate, to enforce the laws, 22 and to prevent the violation of law in the administration of 23 affairs in the several agencies. So far as practicable, the 24 examinations of the agencies shall be made alternately by 25 different inspectors, so that the same agency may not be 8 EXISTING LAW. use is made of the lands set apart for that purpose, and, generally, all matters pertaining to the Indian service. For the purpose of making such investigations, each inspector shall have power to examine all books, papers, and vouchers, to administer oaths, and to examine on oath ail officers and persons employed in the superintendency or agency, and aU such other persons as he may deem necessary or proper. The inspectors, or any of them, shall have power to sus- pend any superintendent or agent or employ^, and to designate some person in his place temporarily, subject to the approval of the Presi- dent, making inmaediate report of such suspension and designation; and upon the conclusion of each examination a report shall be for- warded to the President without delay. The inspectors, in the dis- charge of their duties, jointly and individually, shall have power, by proper legal proceedings, which it shall be the duty of the district attorney of the United States for the appropriate district duly to effectuate, to enforce the laws, and to prevent the violation of law in the administration of affairs in the several agencies and superin- tendencies. So far as practicable, the examinations of the agencies and superintendencies shall be made alternately by different inspec- tors, so that the same agency or superintendency may not be exam- ined twice in succession by the same inspector or inspectors. 9 Irrigation in spectors. peDses. REPORT OF THE COMMITTEE. 1 examined twice in succession by the same inspector or in- 2 spectors. [E. S., s. 2045. 3 Mar., 1875, 18 Stat. L., 422, 3 c. 132; 1 Supp., 79.J 4 Sec. 8. There shall be appointed one chief inspector 5 of irrigation and one assistant inspector of irrigation, both 6 of whom shall be skilled irrigation engineers. [4 Apr., 7 1910, 36 Stat. L., 269, c. 140, and repeated in subsequent 8 Indian appropriation Acts.] Salary and ex- 9 g^Q^ 9_ ^he chief luspector of irrigation shall receive 10 a salary, of $4,000 a year, and the assistant inspector 11 of irrigation a salary of $2,500. Each inspector authorized 12 in the section last preceding shall be allowed $3 per day 13 when actually employed on duty in the field, exclusive of 14 transportation and sleeping-car fare. [4 Apr., 1910, 36 15 Stat. L., 269, c. 140, and repeated in subsequent Indian 16 appropriation Acts.] 17 , Sec. 10. There shall be appointed six Indian Service 18 inspectors, each of -v\ horn shall receive an annual salary not to Salary and ox- ^^ ©xceed $2,500, and actual traveling expenses, and $3 per day 20 in lieu of subsistence when actually employed on duty in the • 21 field. [1 Aug., 1914, 38 Stat. L., 586, c. 222, s. 1 ; 18 May, 22 1916, 39 Stat. L., 127, c. 125, s. 1.] 23 Sec. 11. There shall be appointed by the Commis- 24 sioner of Indian Affairs, under the direction of the Secretary 25 of the Interior, not to exceed seven superintendents of irri- Indian Service inspectors. penses Superintendents of ii-rigation. 10 EXISTING LAW. SEC. 8. CHAP. 140. — ^An Act Making appropriations for the current and contingent expenses Apr. 4, 1910, 36 of the Bureau of Indian Affairs, for fulfilling treaty stipulations with various Indian Stat. L., 269, c. 140. trihes, and for other purposes, for the fiscal year ending June thirtieth, nineteen hundred and eleven. * * * for pay of one chief inspector of irrigation, who shall be Irrigation in- a skilled irrigation engineer, $4,000; one assistant inspector of irri- specters, gation, who shall be a skilled irrigation engineer, S2,500; SEC. 9. Indian appropriation Act of Apr. 4, 1910, 36 Stat. L., 269, c. 140. * * * for traveling expenses of two inspectors of irrigation, at . Expenses of ir- . 13 per diem when actually employed on duty in the field, exclusive ngatiomnspectors. of transportation and sleeping-car fare, in lieu of all other expenses authorized by law. * * * SEC. 10. CHAP. 222. — ^An Act Making appropriations for the current and contingent expenses Aug. 1, 1914, 38 of the Bureau of Indian Affairs, for fulfilling treaty stipulations with various Indian Stat. L., 586, c. tribes, and for other purposes, for the fiscal year ending June thirtieth, nineteen 222, s. 1. hundred and fiiteen. For employment of six Indian Service inspectors, exclusive of one . Indian Service chief inspector, at salaries not to exceed $2,500 per annum each and inspectors. actual traveling expenses, and $3 per diem in heu of subsistence when actually employed on duty in the field, $30,000. CHAP. 125. — ^An Act Making appropriations for the current and contingent expenses May 18, 1916, 39 of the Bureau of Indian Affairs, for fumuing treaty stipulations with various Indian Stat. L., 123, c. tribes, and for other purposes, for the fiscal year ending June thirtieth, nineteen 12-5, s. 1. hundred and seventeen. For pay of six Indian Service inspectors, exclusive of one chief . Indian Service inspector, at salaries not to exceed $2,500 per annum and actual ^'^^®'=*°"- traveling expenses, and $3 per diem in heu of subsistence when actually employed on duty in the field, $30,000. SEC. 11. Indian appropriation Act of Apr. 4, 1910, 36 Stat. L., 271, and subsequent Indian appropriation acts. * * * Provided, That the Commissioner of Indian Affairs, undei^ Superintendents the direction' of the Secretary of the Interior, may employ superin- °* irrigation, tendents of irrigation who shall be skilled irrigation engineers, not to exceed seven in number. * * * 11 Indian agents; duties of may be imposed upon su- perintendents of Indian schools. 6 7 8 9 10 11 12 13 U. S. V. Young, 14 44 Fed. Eep., 168; U. S. V. McClane, 74 Fed. Rep., 153; 1 Pj Mitchell V. V. S., 18 Gt. Cls., 281; Dyer v. U. S., 20 i a Ct. Cls., 166; Bel- -L" knap V. U. S., 24 Ct. Cls., 433, 150 ^ _ U.S., 588. 17 Jacobs V. Prich- ard, 223 U.S., 220. 18 19 20 21 22 REPORT OF THE COMMITTEE. gation, who shall be skilled irrigation engineers. [4 Ajjr., 1910, 36 Stat. L., 271, c. 140; and in subseciueiit Indian appropriation Acts.] Sec. 12. The President is authorized to appoint, from time to time, with the advice and consent of the Senate, siLch Indian agents as may he provided for by Congress from year to year in the Act yriaking appropriations for the current and contingent expenses of the Indian Department: Pro- vided, That the Commissioner of Indian Affairs, w^ith the approval of the Secretary of the Interior, may devolve the duties of any Indian agency or any part thereof upon the superintendent of the Indian school located at such agency, whenever in his judgment such superintendent can properly perfomi the duties of such agency. The superintendent upon whom such duties devolve shall' give bond as other Indian agents. The pay of any superintendent Avho per- forms agency daties, in addition to those of his superin- tendency, may be increased by the Commissioner of Indian Affairs, in his discretion, not exceeding $300 per annum. [H. S., s. 2052. 3 Mar., 1905, 33 Stat. L., 1048, c. 1479. 21 June, 1906, 34 Stat. L., 332, c. 3504. 1 Mar., 1907, 34 Stat. L., 1020, c. 2285.J 18 EXISTING LAW. SEC. 12. R. S., Sec. 2052. The President is authorized to appoint from Indian agents, time to time, by and with the advice and consent of the Senate, the appointments, sal- following Indian agents : ■ ^^^^' Three for the trioes in Oregon. 14 Feb., 1873, c. Fourteen for the tribes east of the Rocky Mountains, and north of H^' ^- ^' "*"■ ^^' P- New Mexico and Texas. Seven for the tribes in New Mexico. Three for the tribes in the Territory of Washington. One for the tribes in Kansas. One for the Kickapoos. One for the Delawares. Two for the tribes in Utah One for the Poncas One for the Pawnees in Nebraska, each with an annual salary of fifteen hundred dollars. Four for the tribes in California, at an annual salary of eighteen hun- dred dollars, each. Three for the tribes in Texas. One fpr the Wichitas and neighboring tribes west of the Choctaws dan Chickasaws, at an annual salary of one thousand dollars. Indian appropriation act of Mar. 3, 1905, 33 Stat- L., 1048. * * * Provided further, That the Commissioner of Indian School superin- Affairs, with the approval of the Secretary of the Interior, may ^^^'l®'^*^ ™*y ^"^^ devolve the duties of any Indian agency, or. any part thereof, upon ^ ^^ents. the superintendent of the Indian training school located at such agency whenever in his judgment such superintendent can properly perform the duties of such agency. And the superintendent upon whom such duties devolve shall give bonds as other Indian agents. Bond. * * * ■ CHAP. 3604. — ^An Act Making appropriations for the current and contingent expenses June 21, 1906. of the Indian Department, for fulfilling treaty stipulations with various Indian 34 Stat. L., 332, c. tribes, and for other purposes, for the fiscal year ending June thirtieth, nineteen 3504. hundred and seven. * * * ; and the Commissioner of Indian Affairs, with the approval School superin- of the Secretary of the Interior, may devolve the duties of any Indian *^endents may act agency or part thereof upon the superintendent of the Indian school ^ ^°^° ' located at such agency or part thereof whenever in his judgment such superintendent can properly perform the duties of such agency And the superintendent upon whom such duties devolve shall give bond as Bond, other Indian agents. * * * ^ CHAP. 2285. — ^An Act Making appropriations for the current and contingent expenses Mar. 1, 1907, of the Indian Department, for fulfilling treaty stipulations with various Indian 34 Stat. L., 1020, tribes, and for other purposes, for the fiscal year ending June thirtieth, nineteen c. 2285. hundred and eight. * * * and the Commissioner of Indian Affairs, with the approval of School superin- the Secretary of the Interior, may devolve the duties of any Indian tendents may ant agency or part thereof upon the superintendent of the Indian school ^ ^^®° ^' located at such agency or part thereof whenever in his judgment such superintendent can properly perform the duties of such agency. And the superintendeijt upon whom such duties devolve shaU give bond as other Indian agents. That the pay of any superintendent who performs agency duties in Additional pay. addition to those of his superintendency may be increased by the Commissioner of Indian Affairs, in his discretion, to an extent not exceeding three bundled dollars per annum. ^ 13 15 A. G., Op 405. REPORT OF THE COMMITTEE. of^oherekerS ^ ^EO. 13. The Superintendent of the Indian training ing school to act as ^f!^i 2 school at Cherokee, North Carolina, shall, in addition to his Jacobs V. Prich- ard, 223 U. S.. 220. '„,. ., pii-p -i 3 duties as superintendeEt, periorm the duties of agent at said 4 Cherokee Agency, and shall give bond as other Indian 5 agents. [3 Mar., 1893, 27 Stat. L., 614, c. 209; 2 Supp., 6 124.J [See also section above.] President may 7 gg^.^ ]^4_ j^ gj^aij ^f^Q ^j^g (j^^y pf ^ho President to abolish agencies. •> 8 dispense with the service of such Indian agents as may be 9 practicable ; and where it is practicable he shall require the 10 same person to perform the duties of two agencies for one 11 salary. [E. S., s. 2053. J Salary of Indian 12 Seo. 15. Each Indian agent shall be entitled to agents; when not o available. 13 receive an annual salary, at a rate to he fixed by Congress tn' lis^'u'^s^" ^^ from year to year in the Act making appropriations for the 389;' Wallace v. Sb-^riimwoJdy^ii! 15 current and contingent expenses of the Indian Department; U. 'S., 143 U. S., ij.^'s., i5o"if! i.', 16 but no appropriation for the salary of any Indian agent shall 588; U. S. V. Rob- 1 1 i j j to LofDyeri). u. s.; 17 take effect or be available for or during the time the duties 20 Ct. Cls., 166. Starr v. Long .Tim, 227 u. s.,613. ig of such ageut are performed by an ojficer of the Army, on the 19 active list. [R. S., s. 2055. 4 July, 1884, 23 Stat. L., 20 77, c. 180; 1 Supp., 450. 1 Mar., 1907, 34 Stat. L., 1020, 21 c. 2285.] T erm of office. 22 Seg. 16. Each Indian agent shall hold his office for 23 the term of four years and until his successor is duly appointed 24 and qualified. [R. S., s. 2056. 17 May, 1882, 22 Stat. L., 25 87, c. 163; 1 Supp., 343.] Romero v. U. S 24 Ct. Clg., 331. 14 EXISTING LAW. SEC. 13. Indian appropriation act of Mar, 3, 1893, 27 Stat. L., 614. The superintendent of the Indian training school at Cherokee, Superintendent North Carolina, shall, in addition to his duties as superintendent, 9^ Cherokee train- perform the duties of agent at said Cherokee Agency,. and receive in ^|school to act as addition to his salary as superintendent two hundred doUars per an- num, and shaU give bond as other Indian agents. SEC. 14. R. S., Sec. 2053. It shall be the duty of the President to dispense Services of cer- with the services of such Indian agents and superintendents as may ^^^^. ^genta and be practicable; and where it is practicable he shaU require the same b^dSpensed wUh° person to perform the duties of two agencies or superintendencies for ' one salary. Ihid., p. 438. SEC. 15. R. S., Sec. 2055. Each Indian agent shall be entitled to receive a Salary of Indian salary at the rate of fifteen hundred dollars a year. agents. INDIAN AGENTS — PROVISO. Indian agents. Indian appropriation act of Mar. , 1907, 34 Stat. L., 1020, c. 2285. The appropriations herein or hereafter made for the salaries of Salaries not Indian agents shall not take effect nor become available in any case available for active for or during the time in which any active oiiicer of the Army of the "^^^ omcera. United States shall be engaged in the performance of the duties of Indian agent at any of the agencies hereafter named. * * * SEC. 16. R. S., Sec. 2056. Each Indian agent shall hold his office for the 14 Feb., 1873, c. term of four years. ^^^' s- ^' ^- 17, p. Indian appropriation act of May 17, 1882, 22 Stat. L;, 87, c. 163, reading as follows: 438. And section two thousand and fifty-six of the Revised Statutes is hereby amended so o-v^^ office, as to read as follows: Sec. 2056. Each Indian agent shall hold his office for the term . .^' i ' ^^^^' ^■ of four years, and until his successor is duly appointed and qualified. i 1^' ' ^' ^' P' ^^7' o Apr., 1864, C.48, 8.4, V. 13, p. 40., 15 Bond of Indian 1 agents, etc. U. S. V. Huma- son, 5 Sawy., 537, 2 26 Fed. Cas., 426; ib., 6 Sawy., 199, 26 Fed. Cas., 428; 3 U. S. V. Bamhart, 17 Fed. Rep., 579; U. S. V. Sinnott, 26 A Fed. Rep., 84 U. S. V. Smitt, 3.5 Fed. Rep., 490. U. S. V. Young, 44 Fed. Rep., 168 U. S. V. Patrick 73 Fed. Rep., 800 U. S. V. McClane 74 Fed. Rep., 153 U. S. V. Patterson 91 Fed. Rep., 854 8 9 10 11 12 13 Duties of Indian 1 A agents. 15 16 17 18 MinisD.U. S.,15 IQ Pet., 423; U. S. v. Stowe, 19 Fed. Rep., 807; U. S. v. OA Sinnott, 26 F e d . ^^ Rep., 84: Buster i). WrigM, '135 Fed. n-i Rep., 947; Jackson ^^ V. U. S., 1 Ct. Cls., 260;2Ct. Cl8.,401; „„ Johnson d. U. S., ^^ 13 Ct. Cls., 217; BeltD.U. S.,15Ct. Cls., 92; Romero i;. 23 U. S., 24 Ct. Cls., 331; 15 A. G. Op., 06. 24 25 REPORT OF THE COMMITTEE. Seo. 17. Each Indian agent, before entering upon the duties of his office, shall give bond in such penalties and with such sureties as the President or the Secretary of the Interior may require. The surety or sureties upon such bond, except corporations duly authorized by the laws of the United States to execute bonds, shall file a sworn statement with the Secretary of the Interior, setting forth the nature and kind of property owned by such surety or sureties, the value of the same, and where situated. [R. S., s. 2057. 3 Mar., 1875, 18 Stat. L., 450, c. 132, s. 10; 1 Supp., 81. 13 Aug., 1894, 28 Stat. L., 279, c. 282 ; 2 Supp., 237. 30 Apr., 1908, 35 Stat. L., 75, c. 153. 5 Aug., 1909, 36 Stat. L., 125, c. 7.] Sec. 18. Each Indian agent shall, within his agency, manage and superintend the intercourse with the Indians, agreeably to law; and execute and perform such regulations aiid duties, not inconsistent with law, as may be prescribed by the President, the Secretary of the Interior, or the Com- missioner of Indian Affairs. He shall keep a book of itemized expenditures of every kind, with the record of all contracts, together with the receipts of money from all sources ; and the books thus kept shall always be open to inspection ; and the . said books shall remain in the office at the respective reserva- tions, not to be removed from said reservation by said agent, but shall be safely kept and handed over to his successor; 16 EXISTING LAAV. SEC. 17. R. S., Sec. 2057. Each Indian agent, before entering upon the Bond of Indian duties of his office, shall give bond in such penalties and with such ^s^t^^b. ^ security as the President or the Secretary of the Interior may require. i85l, c. u, s. 6, V. 9, p'. 587. ' R. S., 2057, p. 364. 27 Feb., 1851, c. Indian appropriation act of Mar. 3, 1875, 18 Stat. L., 449, 450, c. 132, s. 10. , s. , v. , p. Sec. 10. That hereafter the security or securities, upon the bond Securities on In- required by the act of February twenty-seventh, eighteen hundred dian agent's bond 'and fifty-one, to be given by each Indian agent before entering upon *° ^^^ statement of the duties of his office, shall file a sworn statement with the Secretary P''°P®'' '^■ of the Interior, setting forth the nature and kind of property owned by such security or securities, the value of the same, and where situ- ated; and that no money appropriated by this act shall be paid to any Indian agent hereafter appointed until the security or securities shall have filed such statement. * * * Indian appropriation act of Apr. 30, 1908, 35 Stat. L., 75, c. 153. [Note. — That part of this section appearing in italics on Report of Committee side, excepting certain corporations, is taken from the act of Aug. 13, 1894, 28 Stat. L., 279, c. 282, entitled "An act relative to recognizances, stipulations, bonds, and under- takings, and to allow certain corporations to be accepted as surety thereon."] * * * Provided, That hereafter the expense of procuring the Proviso. official bond of any agent, superintendent, or other disbursing officer United States to of the Indian Service shall be paid by the United States. lilgZu, °etc CHAP. 7. — An Act Making appropriations to supply urgent deficiencies in appropria- Aug. 5, 1909, 36 tions for the fiscal year nineteen hundred and nine, and for other purposes. Stat. L., 125, c. 7. Provided, That hereafter the United States shall not pay any part No payment by of the premium or other cost of furnishing a bond required by law United States. or otherwise of any officer or employee of the United States. SEC. 18. R. S., Sec. 2058. Each Indian shall, within his agency, manage Duties of Indian and superintend the intercourse with the Indians, agreeably to law ; ^S^^^s. and execute and perform such regulations and duties, not inconsistent 30 June, 1834, c. with law, as may be prescribed by the President, the Secretary of the I62,s. 7,v.4,p.736. Interior, the Commissioner of Indian Affairs, or the superintendent of .,„^ June, 1850, c. Indian affairs. ''ky' kl:%t%: 14, s. 5, V. 9, p. 587.— Minis D. U.S., 15 Pet., 423 Indian appropriation Act of Mar. 3, 1875, 18 Stat. L., 451, c. 132, s. 10. * * * Each Indian agent shall keep a book of itemized Agent to keep expenditures of every kind, with a record of aU contracts, together ^°°^ °^ expendi- with the receipts of money from all sources ; and the books thus kept ami r'eceipts*'^^'^^^' shall always be open to inspection ; and the said books shall remain Quarterly tran- in the oflB.ce at the respective reservations, not to be removed from scripts. said reservation by said agent, but shall be safely kept and handed Keeping false over to his successor; and true transcripts of all entries of every ^°°^^' ""^ ^^^^'^ '^° character in said books shall be forwarded quarterly by each agent to the Commissioner of Indian Affairs : Provided, That should any agent knowingly make any false entry in said books, or in the transcripts directed to be forwarded to the Commissioner of Indian Affairs, or shall knowingly fail to keep a perfect entry in said books as herein prescribed, he shall be deemed guilty of a misdemeanor, and, on con- viction before any United States court having jurisdiction of such offense, shall be fmed in a sum not less than five hundred nor more Penalty. than one thousand dollars, at the discretion of the court, and shall be rendered incompetent to hold said office of Indian agent after con- Disqualification. viction under this act. 17 81839—17 2 REPORT OP THE COMMITTEE. 1 and he shall report annually to the Oonunissioner of Indian 2 Affairs all material on hand and not required for His use: 3 Provided, That should any agent knowingly make any false 4 entry in said books, or knovangly fail to keep a perfect entry 5 in said books as herein prescribed, he shall be fined not less 6, than $500 nor more than $1,000; and upon conviction shall 7 be incompetent to hold the office of Indian agent. [R. S., 8 s. 2058. 3 Mar., 1875, 18 Stat. L., 451, c. 132, s. 10; 1 9 Supp., 81. 3 Mar., 1909, 35 Stat. L., 784, c. 263.] tr^rierSnon- 10 Sec. 19. The President shall, whenever he may judge Bolidation of agen- '^^' 11 it expedient, discontinue any Indian agency, or transfer 12 the same, from the place or tribe designated by law, to such 13 other place or tribe as the public service may require. He 14 may, in his discretion, consolidate two or more agencies into 15 one, and where Indians are located on reservations created 15 A. G. Op. 405. 16 by executive order he may, with the consent of the tribes to 17 be affected thereby, expressed in the usual manner, consoli- 18 date one or more tribes, and abolish such agencies as are there- 19 by rendered unnecessary. [R. S., s. 2059. 17 May, 1882, 20 22 Stat. L., 88, c. 163, s. 6; 1 Supp., 343.] Residence of In- 21 Sec. 20. Evcry Indian agent shall reside and keen dian agents. ^ 22 his agency within or near the territory of the tribe for which 23 he may be agent, and at such place as the President may 24 designate, and shall not depart from the limits of his agency 25 without permission. [R. S., s. 2060.] 18 EXISTING LAW. Indian appropriation Act of Mar. 3, 1909, 35 Stat. L., 784, c. 263. That section ten of the Act of March third, eighteen hundred and Agent's records, seventy-five (Eighteenth Statutes at Large, four hundred and fifty- ^% , ,„ one), be amended so as to read as follows: "Each Indian agent shall amended ^ ' keep a book of itemized expenditures of every kind, with a record of all contracts, together with the receipts of moneys from all sources, and the books thus kept shall always be open to inspection ; and the said books shall remain in the office at the respective reservations, not to be removed from said reservation by said agent, but shall be safely kept and handed over to his successor and he shall report annually to the Commissioner of Indian Affairs all material on hand and not required for his use : Provided, That should any agent knowingly make any false entry in said books, or shall knowingly fail to keep a perfect . entry in said books ,as herein prescribed, he shall be deemed guilty of a "^^^"P^^' ^tc. misdemeanor and, on conviction before any United States court hav- ing jurisdiction of such offense, shall be fined in a sum not less than five hundred nor niore than one thousand dollars, at the discretion of the court, and shall be rendered incompetent to hold said office of Indian agent after conviction under paid Act." , Annual report Proviso. False entries in Penalty. SEC. 19. R. S., Sec. 2059. The President shall, whenever he may judge it Discontinuance expedient, discontinue any Indian agency, or transfer the same, from ™<^ transfer of the place or tribe designated by law, to such. other place or tribe as ^°^^'^^^^- the pubhc service may require. Indian appropriation Act of May 17, 1882, 22 Stat. L., 88, c. 163, s. 6. 30 June, 1834, c. 162, s. 4, V. 4, p. 735. Sec. 6. That the President may, in his discretion, consolidate Consolidation of two or more agencies into one, and where Indians are located on res- ^genaes and In- ervations created by executive order he may, with the consent of the ^^^ " ^^' tribes to be affected thereby, expressed in the usual manner, consoli- date one or more tribes, and abolish such agencies as are thereby Abolition of rendered unnecessary; and preference shall at all times, as far as agencies. practicable, be given to Indians in the employment of clerical, mechanical, and other help on reservations and about agencies. SEC. 20. R. S., Sec. 2060. Every Indian agent shall reside and keep his Residence of In- agency within or near the territory of the tribe for which he may dian agents. be agent, and at such place as the President may designate, and ibid. shall not depart from the limits of his agency without permission. 19 REPORT OP THE COMMITTEE. fomrMt'to^it 1 ^^^- ^^- ^^^ Indian agents appointed for California Washington. 2 shall reside at their respective agencies, and shall in no case 3 be permitted to visit the city of Washington except when 4 ordered to do so by the Commissioner of Indian Affairs. 5 The Commissioner shall report all cases of the violation of 6 this section to the President, with the request that the agents 7 offending be at once removed from office. [R. S., s. 2061.] Aimyofficersde- 3 g^c. 22. The President mav detail officers of the tailed as Indian , agents. Minis V. u. s., 9 United States Army to act as Indian agents at such agencies 15 Pet., 405; 2 A. G. Op., 701; 14 A. c' o^' ^05^' ^^ ^' ■'"^ ^^ ^^ ^^® opinion of the President may require the presence 11 of an Army officer, and while acting as Indian agents such 12 officers shall be under the orders and direction of the Secretary 13 of the Interior. [E. 8., s. 2062. 13 July, 1892, 27 Stat. 14 L., 120, c. 164; 2 Supp., 32. 1 July, 1898, 30 Stat. L., 573, 15 c. 545; 2 Supp., 873.] tionfor exta serv- 16 Seo. 23. N"o Compensation beyond their actual ex- ices. \ 15^^.' 423^' ^^ ^^ penses for extra services shall be allowed any Indian agent 18 or sub-agent for services when doing duty under the order of 19 the Government, detached from their agency and the bound- 20 ary of the tribe to which they are agents or sub-agents. No 21 person employed by the United States and paid for any other 22 service, shall be paid for interpreting. [R. S., s. 2063. 23 4 Apr., 1910, 36 Stat. L., 272, c. 140.] 20 EXISTING LAW. SEC. 21. R. S., Sec. 2061. All Indian agents appointed for California shall Limitation on reside at their respective agencies, and shall in no case be permitted Y^^X *° ^^.^S" to visit the city of Washington except when ordered to do so by the i^diaM ^^C^for- Commissioner of Indian Affairs. The Commissioner shah report all ma. cases of the violation of this section to the President, with the request g ^ i86^~c that the agents offending be at once removed from office. 48, s. 7, v.l3, p.'4l'. SEC. 22. R. S., Sec. 2062. The President may require any mihtary officer Officers of the of the United States to execute the duties of an Indian agent; a-^d ^""^y.^^^^y.^^g^ when such duties are required of any mihtary officer, he shall perform i^an agents. .the same without any other compensation than his actual traveling expenses. [See § 1224, R. S.] li^I^t^i^t'. l] pp. '735-737.' Indian appropriation Act of July 13, 1892, 27 Stat. L., 120, c. 164, s. 1. * * * Prbvided, That from and after the passage of this act the Army officers to President shall detail officers of the United States Array to act as ^^ detailed as Indian agents at all agencies where vacancies from any cause may ^^cS;izen appoint- hereafter occur, who, while acting as such agents, shall be under the ments. orders and direction of the Secretary of the Interior, except at agen- cies where, in the opinion of the President, the public service would be better^ promoted by the appointment of a civuian. [Note. — In the revision of this Title the Commission omitted the words "except at agencies where,, in the opinion of the President, the public service would be better promoted by the appointment of a civilian." The law next cited below leaves it entirely to the discretion of the President as to whether an Army officer should be detailed.] Indian appropriation Act of July 1, 1898, 30 Stat. L., 573, c. 545. Provided, That hereafter the President may detail officers of the Detail of Army United States Army to act as Indian agents at such agencies as in the o^^^^s to act as opinion of the President may require the presence of an Army officer, ^^^ and while acting as Indian agents such officers shall be under the orders and direction of the Secretary of the Interior. SEC. 23. R. S., Sec. 2063. No compensation beyond their actual expenses Compensation for for extra services shall be allowed any Indian agent or subagent for fxtra services per- services when doing duty under the order of the Government, de- and^subagentf tached from their agency and the boimdary of the tribe to which they are agents or subagents. 109^12%! 4^f.M0. Indian appropriation Act of April 4, 1910, 36 Stat. L., 272, c. 140. Provided, That hereafter no person employed by the United States Interpreters. and paid for any other service shall be paid for interpreting. Proviso. ■^ "^ Restriction. 31 REPORT OF THE COMMITTEE. Acknowiedg- I gjjc. 24. Indian agents are authorized to take acknowl- ment of deeds, ' , etc., by agents. 2 edgments of deeds, and other instruments of writing, and to 3 administer oaths in investigations committed to them in 4 Indian country, pursuant to such rules and regulations as 5 may be prescribed for that purpose, by the Secretary of the 6 Interior; and acknowledgments so taken shall have the same 7 effect as if taken before a justice of the peace. [R. S., s. 8 2064.] suwent^s*"'''* °* 9 Sec. 25. A competent number of' Indian sub- 10 agents shall be appointed by the President, with a salary 11 of $1,000 a year each, to be employed, and to reside wherever 12 the President may direct, and who shall give bonds, with one 13 or more sureties, in the penal sum of $1,000, for the' faithful 14 execution of their duties. But no sub-agent shall be ap- 15 pointed who shall reside within the limits of any agency 16 where there is an agerit appointed. [E. S., s. 2065.] cie^'mdsub-S- 1^ ^^^- ^^- "^^^ limits of each agency and sub-agency cies. 18 shall be established by the Secretary of the Interior, either 19 by tribes or geographical boundaries. [R. S., s. 2066.] and'^'lommiSn- ^0 Sec. 27. All speclal ageuts and commissioners not ers. 21 appointed by the President shall be appointed by the Secre- 22 tary of the Interior. [R. S., s. 2067.] anlerl^^pecS ^^ ^'^^- ^^^ Spoclal agcuts shall be allowed $3 per diem agents. "s ta7r V. Lon"^ 24 for traveling and incidental expenses while traveling or actu- Jim, 227 U. S., ' ^ *= 25 ally on duty in the field, exclusive of cost of transportation 33 EXISTING LAW. SEC. 2i. R. S., Sec. 2064. Indian agents are authorized to take acknowledg- Acknowledgment ments of deeds, and other instruments of writing, and to administer ^g^'^ ' ^^'' ^ oaths in investigations committed to them in Indian country, pur- — suant to such rules and regulations as may be prescribed for that 3 Mar., 1855, c. purpose, by the Secretary of the Interior; and acknowledgments so ^^^' ^- ^^' ^- ^"' P' taken shall have the same effect as if taken before a justice of the peace. SEC. 25. E,. S., Sec. 2065. A competent number of sub-Indian agents shall Appointment of be appointed by the President, with a salary of one thousand dollars. ^'^^'■^"'^^^'^ agents. a year" each, to be employed, and to reside wherever the President 30 June, 1834, c. may direct, and who shall give bonds, with one or more sureties, in 162, b. 5, v. 4, p. 736. the penal sum of one thousand dollars, for the faithful execution of their duties. But no subagent shaU be appointed who shall reside within the limits of any agency where there is an agent appointed. SEC. 26. E. S., Sec. 2066. The limits of each superintendency, agency, and Limits of super- subagency shaU be established by the Secretary of the Interior, g^^^'^^XsubS either by tribes or geographical boundaries. cies! 30 June, 1834, c.162, s. 7, v. 4, p. 736. 3 Mar., 1847, c. 66, s. 1, v. 9, p. 203. SEC. 27 R S" Sec. 2067. All special agents and commissioners not ap- Special agents pointed'by the President sliaU be appointed by the Secretary of the andcomimssioners . Interior. 3 Mar., 1863, c. 99, 8. l,v. 12, p. 792. SEC. 28. Indian appropriation act of July 4, 1884, 23 Stat. L., 77, c. 180. Provided, That special agents shall be aflowed three dollars per diem for traveling and incidental expenses while traveling or actually on duty in the field, exclusive of cost of transportation and sleepiag- car fare. 23 REPORT OF THE COMMITTEE. 1 and sleeping-car fare. [4 July, 1884. 23 Stat. L., 77, c. 2 180'; 1 Supp., 450.] thl°Sndlr *° 3 Sec. 29. An interpreter shall be allowed to each TfliCobs V Prich- ard, 223 U.S., 220. 4 agencj. Where there are different tribes in the same agency, 5 speaking different languages, one interpreter may be allowed, 6 at the discretion of the Secretary of the Interior, for each of 7 such tribes. Interpreters shall be nominated, by the proper 8 agents, to the Department of the Interior for approval, and 9 may be suspended by the agent from pay and duty, and the 10 circumstances reported to the Department of the Interior for 11 final action. [R. S., s. 2068.] Preference to In- J 2 Sec. SO. lu all cascs of the appointments of inter- « 13 preters or other persons employed for the benefit of the 14 Indians, a preference shall be given to persons of Indian 15 descent, if such can be found, who are properly qualified for 16 the execution of the duties. [See § 194.] [E. S., s. 2069.] th^'dkertW^f •'-^ ^^^- ^^- Where any of the tribes are, in the opinion certain employees, '^^^°- 18 of the Secretary of the Interior, competent to direct the 19 employment of their blacksmiths, mechanics, teachers, farm- 20 ers, or other persons engaged for them, the direction of such 21 persons may be given to the proper authority of the tribe. 22 [R. S., s. 2072.] di'^Tottinued! 23 Sec. 32. The Secretary of the Interior shall, under when. 24 the direction of the President, cause to be discontinued the 25 services of such agents, sub-agents, interpreters, and me- 34 EXISTING LAW. SEC. 39. R. S., Sec. 2068. An interpreter shall be allowed to each agency. Interpreters to Where there are different tribes in the same agency, speaking dif- the agencies. ferent languages, one interpreter may be allowed, at the discretion 30 June, 1834, c. of the Secretary of the Interior, for each of such tribes. Interpreters 162, s. 9, v. 4, p. 737. shaU be nominated, by the proper agents, to the Department of the Interior for approval, aud may be suspended by the agent from pay and duty, and the circumstances reported to the Department of the Interior for final action. SEC. 30. R. S., Sec. 2069. In all cases of the appointments of interpreters .Preference to In- or other persons employed for the benefit of the Indians, a preference ^^^ ^°'' "iterpret- shall be given to persons of Indian descent, if such can be found, who — are properly qualified for the execution of the duties. 30 June, 1834, c. 162, B. 9, V. 4, p. 737. SEC. 31. R. S., Sec. 2072. Where any of the tribes are, in the opinion of the When tribes may Secretary of the Interior, competent to direct the employment of direct the employ- their blacksmiths, mechanics, teachers, farmers, or other persons ^^^s etc ^^ engaged for them, the direction of such persons may be given to the '■ — proper authority of the tribe. I62°a"^™v '4'^^^7'37' SEC 32. R. S., Sec. 2073. The Secretary of the Interior shall, under the Discontinuance- direction of the President, cause to be discontinued the services of °**''^°®*r^°fs1b- such [agents,] subagents, interpreters, and mechanics, as may from era 'etc ^° ®^''®*" time to time become unnecessary, in consequence of the [immigration] — '- — ^ [emigration] of the Indians, or other causes. ,,? •^^^' }^^^' ^• L tj J ) 174, s. 5, V. 4, p. 564. 27 Feb., 1877, c. 69, v. 19, p. 244. 25 REPORT OF THE COMMITTEE. 1 chanics, as may from time to time become unnecessary, in 2 consequence of the emigration of the Indians, or other causes. 3 [E. S., s. 2073.] hold tw'^^officer ^ • ^^^' ^^- Except OS otherwise expressly provided no leaves of absence. 5 person shall hold more than one office at the same time under 6 this Title, nor shall any agent, sub-agent, interpreter, or iQ^el; R^p^*°&57' ^ person employed under this Title, receive his salary while 20 A. G. Op!! 494.' 8 absent from his agency or employment, without leave of the 9 Commissioner of Indian Affairs or the Secretary of the 10 Interior ; but such absence shall at no time exceed sixty days. 11 [E. S., s. 2074.J AccouBtabiity 12 Sec. 34. Indian agents shall account for all funds of agents. ^ 13 coming into their hands as custodians from any source what- 14 ever, and be responsible therefor under their official bonds. 15 [1 July, 1898, 30 stat. L., 595, c. 545; 2 Supp., 874.J cu^^y.'*'""^^ '^" 1^ ^^^- ^^- The President may from time to time require ' 17 additional security, and in larger amounts, from all persons u. s^. Huma- 18 charged or trusted, under the laws of the United States, with son, t> oSiWy. , oo / , ' 26 Fed. Gas., 426. 19 the disbursement or application of money, goods, or effects 20 of any kind, on account of Indian affairs. [E. S., s. 2075.] ^mlltT\T^iZ '^^ ^^^' ^^' ^^^^ ^^ becomes necessary to make large dians. 22 per capita payments to Indians, the Commissioner of Indian 23 Affairs, with the approval of the Secretary of the Interior, is 24 hereby authorized to require any disbursing officer of the 25 Indian Department to file a special bond in such amount as 26 EXISTING LAW. SEC. 33. R. S., Sec. 2074. No person shall hold more than one office at the No person to hold same time under this Title, nor shall any agent, sub-agent, interpreter, tyo offices; leave or person employed under this Title, receive his salary while absent ^"^^°^^- from his agency or employment, without leave of the superintendent, 30 June, 1834, c. or Secretary of the Interior; but such absence shall at no time io^' ^- ■^''' "*'■*' P- exceed sixty days. SEC. 34. Indian appropriation Act of July 1, 1898, 30 Stat. L., 595, c. 545. That hereafter Indian agents shall account for aU funds coming Indian agents to into their hands as custodians from any source whatever, and be Recount for funds responsible therefor under their official bonds. ' ^^1 ^' '="^*°'^'^°«' SEC. 3S. R. S., Sec. 2075. The President may, from time to time, require Additional ee- additional security, and in larger amounts, from all persons charged '^"'^^y- or trusted, under the laws of the United States, with the disburse- 30 June, 1&34, c. ment or application of money, goods, or effects of any kind, on 162,8. 8, v. 4, p. 737. account of Indian affairs. SEC. 36. Indian appropriation Act of April 21, 1904, 33 Stat. L.. 191, c. 1402. * * * Provided, That hereafter when it becomes necessary to Proviso. make large per capita payments to Indians, the Commissioner of Large per capita Indian Affairs, with the approval of the Secretary of the Interior, is P*y™®° • hereby authorized to requure any disbursing officer of the Indian Department to file a special bond in such amount as may be necessary Special bond, to' make such payment in one installment, the expenses incurred in procuring such special bond to be paid by the United States from this appropriation. 27 REPORT OF THE COMMITTEE. 1 may be necessary to make such payment in one installment. 2 [21 Apr., 1904, 33 Stat. L., 191, c. 1402.J Compensation 3 ggc. 37. The scvcral compensations prescribed by prescribed to be in full. I - . 4 this Title shall be in full of all emolmnents or allowances USD Mitchell, 5 whatsoever. But where necessary, a reasonable allowance 109, U. S., 146. 6 or provision may be made for offices and office contingencies. 7 [E. S., s. 2076.] traieul^xpensef ^ ^^^' ^^- Where persous are required, in the perform- 35 Fed.' Rep., 49o'. 9 auco of their duties under this Title, to travel from one plaice 10 to another, their actual expenses, which shall not exceed $3 11 per day, exclusive of transportation and sleeping-car fare, may 12 be allowed them, except that no allowance shall be made to 13 any person for travel or expenses in coming to the seat of 14 Government to settle his accounts, unless thereto required by 15 the Secretary of the Interior. [R.S., s. 2077. 3 Mar., 1905, 16 33 Stat. L., 1049, c. 1479.] Employees not 17 Sec. 39. No pcrsou employed in Indian affairs shall to trade 'witn In- j. j. ./ dians. 18 have any interest or concern in any trade with the Indians, 19 except for, and on account of, the TThited States ; and any 20 person offending herein, shall be liable to a penalty of $5,000, 21 S,nd shall be removed from his office. [R. S., s. 2078.] m a^'y'^admiS ^2 Sec. 40. Each spccial agent, supervisor of schools, or oaths. 28 other official charged with the investigation of Indian agencies 24 and schools, in the pursuit of his official duties shall have power 25 to administer oaths and to examine on oath all officers and 38 EXISTING LAW. SEC. 37. R. S. Sec. 2076. The several compensations prescribed by this Title C o m p e n s a - shaH be in fuU of all emoluments or aUowances whatsoever. But ^e^n Ml™ where necessary, a reasonable allowance or provision may be made ^ for offices and office contingencies. ^^ June, 1834, c. y ^ 162, 3. 10, V. 4, p. 737. SEC. 38. Sec. 2077. Where persons are required, in the performance of their Allowance for duties, imder this Title, to travel from one place to another, their * g^Ig® 1 m g ^ ^■ actual expenses, or a reasonable sum in Heu thereof, may be allowed '- them, except that no allowance shall be made to any person for travel ^^ ^lo^^'i^jsy or expenses in coming to the seat of Government to settle his accounts, — '^' . ' " '^_ — - unless thereto required by the Secretary of the Interior. p\^'423 ^ ' ^^ In Indian apj)ropriation act of Mar. 3, 1905, 33 Stat. L., 1049, c. 1479, and subsequent Indian appropriation acts, provision is made for allowance of three dollars per diem when actually employed on duty in the field, exclusive of transportation and sleep- ing-c rf SEC. 39. Sec. 2078. No person employed in Indian affairs shall have any Persons em- interest or concern m any trade with the Indians, except for, and on Iq^J^ to trade accoxmt of, the United States ; and any person offending herein, shall .^^^^ ^he Indians. be liable to a penalty of five thousand dollars, and shall be removed — - — from his othce. 162,b.14,v.4, p.738. SEC. 40. Indian appropriation act of Mar. 1, 1899, 30 Stat. L., 927, c. 324. * * * Provided, That hereafter each special agent, supervisor of Proviso. schools, or other official charged with the investigation of Indian ^1°^®^^,*° ^^'^'^' agencies and schools, in the pursuit of his official duties shall have power to administer oaths and to examine on oath all officers and persons employed in the Indian service, and all such other persons as may be deemed necessary and proper. * * * 29 REPORT OF THE COMMITTEE. 1 persons employed in the Indian seivice, and all such other 2 persons as may be deemed necessary and proper. [1 Mar., 3 1899, 30 Stat. L., 927, c. 324 ; 2 Supp., 953.] Practical farm- 4 g^c. 41. The Oommissioner of Indian Affairs is au- ers and stockmen may be employed. ^ 5 thorized to employ, in addition to the agency farmers, prac- 6 tical farmers and practical stockmen, subject only to such 7 examination as to qualifications as the Secretaiy of the 8 ' Interior may prescribe, at wages not exceeding $75 each per 9 month, to superintend and direct farming and stock raising 10 among such Indians as are making effort for self-support; but 11 practicable competent Indians shall be given preference' in 12 such employment : Provided, That the amounts paid said 13 farmers and stockmen shall not be included within the limita- 14 tion on salaries and compensation of employees contained in 15 section forfy-five: Provided further, That said Oommis- 16 sioner may also employ farmers at any Indian school, at 17 not exceeding $60 per month, subject only to such examina- 18, tion as to qualifications as said^ Secretary may prescribe. 19 [1 Mar., 1899, 30 Stat. L., 927, c. 324;^ 2 Supp., 953. 30 20 Apr., 1908, 35 Stat. L., 75, c. 153.] Matrons to teach 21 Sec. 42. The Secretary of the Interior is authorized housekeeping may be employed. 22 to employ suitable persons as matrons to teach Indian girls 23 housekeeping and other household duties, at a compensation 24 not to exceed $60 per month : Provided, That the amounts 25 paid said matrons shall not be included within the limitation 30 EXISTING LAW. SEC. 41. Indian appropriation act of Mar. 1, 1899, 30 Stat., 927, c. 324. * * * To enable the Secretary of the Interior to employ practical Practical farm- farmers and practical stockmen in addition to the agency farmers ®'^^' now employed, at wages not exceeding sixty-five dollars each per month, to superintend and direct famamg and stock raisiag among such Indians as are making eHort for self-support, sixty-five wiousand dollars: Provided, That no person shall be employed as such farmer Proviso. or stockman who has not been at least two years immediately pre- . '^i? ^ f^^^ vious to such employment practically engaged iu the occupation of fannuig for two farming within the State or Territory, or adjoinuig State or Territory, years previous, where such agency is located, and where practicable competent Indians shall be given the preference. * * * Indian appropriation act of Apr. 30, 1908, 35 Stat. L., 75, c. 153. FARMERS AND STOCKMEN. To enable the Commissioner of Indian Affairs to employ practical Farmers farmers and practical stockmen, subject only to such examination as stockmen, to quahfications as the Secretary oi the Interior may prescribe, in addition to the agency farmers now employed, at wages not exceeding seventy-five dollars each per month, to superintend and direct farming and stock raising among such Indians as are making effort for self support, one hundred and twenty-five thousand dollars: Provided, That the amounts paid such farmers and stockmen shall not come withifl the Hmit for employees fixied by the Act of June seventh, eighteen hundred and ninety-seven: Provided Juriher, That the Com- missioner of Indian Affairs may; employ additional farmers at any Indian school at not exceeding sixty dollars per month, subject only to such examination as to qualifications as the Secretary of the Interior may prescribe, said farmers to be in addition to the school farmers now employed. and Provisos. Additional. Vol. 30, p. 90. At schools. SEC. 42. Indian appropriation act of Mar. 3, 1909, 33 Stat. L. 1050, c. 1479. * * * To enable the Secretary of the Interior to employ suitable Matrons to teach Eersons as matrons to teach Indian girls in housekeeping and other housekeeping. ouseliold duties, at a rate not to exceed seventy dollars per month * * *. Indian appropriation act of Mar. 1, 1907, 34 Stat. L., 1019, c. 2285. MATRONS. To enable the Secretary of the Interior to employ suitable persons as matrons to teach Indian girls in housekeeping and other household duties, at a rate not to exceed sixty dollars per month, and for fur- 31 cies. REPORT OF THE COMMITTEE. 1 on salaries and compensation of employees contained in sec- 2 tion forty-Jive. [3 Mar., 1905, 33 Stat. L., 1050, c. 1479. 3 1 Mar., 1907, 34 Stat. L., 1019, c. 2285.J employed at °agen! 4 Sec. 43. In the Indian service Indians shall be em- 5 ployed as herders, teamsters, and laborers, and where prac- 6 ticable in all clerical, mechanical and other employments 7 about reservations and in connection with the agencies, and 8 purchase of supplies in the open market made from Indians, 9 under the direction of the Secretary of the Interior. [See 10 sees. 30, 194.J [17 May, 1882, 22 Stat. L., 88, c. 163, s. 6; 11 1 Supp., 343. 15 Aug., 1894, 28 Stat. L., 313, c. 290, s. 10; 12 2 Supp., 248. 30 Apr., 1908, 35 Stat. L., 71, c. 153.] cie^i^^on^splciai 13 Sec. 44. When it becomes necessary to detail clerks duty. 14 and other employees of the Indian service outside of Wash- 15 ington to assist in the opening of bids, making contracts, and 16 shipping goods, they may be allowed a per diem of not ex- 17 ceeding $4 per day for hotel and other expenses, which per 18 diem shall be in lieu of all expenses, exclusive of railway 19 transportation and sleeping-car fare. [17 May, 1882, 22 20 Stat. L., 86, c. 163 ; 1 Supp., 343.] peM^on*°of 'eS- 21 Sec. 45. Not moro than $10,000 shall be paid in any ployees at agen- _ •■ "^^- 22 one year for salaries or compensation of employees regularly rc^mp."^Dec'.,^84! 23 employed at any one agency, for its conduct and management, 8 Comp. Dec, 590. . arSzsuis'm 24 and the number and kind of employees at each agency shall 25 be prescribed by the Secretary of the Interior and none other 33 EXISTING LAW. nisliiiig necessary equipments, and renting quarters where necessary, t-wenty-five thousand dollars: Provided, That the amount paid said S^^S^^^iaoo matrons shall not come within the limit for employees fixed by the p^^^l^' act of June seventh, eighteen hundred and ninety-^seven; Additional. 30 Stat., 90, vol. 1, 619. SEC. 43. Indian appropriation act of May 17, 1882, 22 Stat. L., 88, c. 163, s. 6. Sec. 6. That the President may, in his discretion,, consolidate two Consolidation of or more agencies into one, and when Indians are located on reserva- i^df^ tribes ^ ^ tions created by Executive order he may, with the consent of the Abolition of tribes to be affected thereby, expressed in the usual manner, consoli- agencies, date one or more tribes, and abolish such agencies as are thereby rendered unnecessary; and preference shall at all times, as far as practicable, be given to Indians in the employment of clerical, me- chanical, and other help on reservations and about agencies. Note. — The first part of this section appears under section 19 of this revision — discontinuance, transfer, and consolidation of agencies.] Indian appropriation act of Aug. 15, 1894, 28 Stat. L., 813, e. 290,' s. 10. Sec . 1 . That in tne Indian Service Indians shall be employed as herd- Kmployment of ers, teamsters, and laborers, and where practicable in all other employ- Indians as herders, ments in connection with the agencies and the Indian Service. And ^^' it shall be the duty of the Secretary of the Interior and the Commis- sioner of Indian AJEairs to enforce this provision. Indian appropriation act of Apr. 30, 1908, 35 Stat. L., 71, c. 153. * * * Prom^Zed /writer. That as far as practicable Indian labor Indian labor, shall be employed and purchase in the open market made from etc. Indians, under the direction of the Secretary of the Interior. SEC. 44. Indian appropriation act of May 17, 1882, 22 Stat. L., 86, c. 163. Provided, That when it becomes necessary to detail clerks and Provuo. other employees of the Indian Service outside of Washiagton to ^j^g detiSTfor assist in the opening of bids, making contracts, and shipping goods, special duty, they may be allowed a per diem of not exceeding four dollars per day for hotel and other expenses, which per diem shall be in heu of all expenses now authorized by law, exclusive of railway transportation and sleeping car fare. SEC. 45. Indian appropriation act of Mar. 3, 1875, 18 Stat. L., 449, 450, c. 132, s. 5. Sec. 5. That hereafter not more than six thousand dollars shall be Aggregate corn- paid in any one year for salaries or compensation of employees at any P^^y g°g g°^t one one agency, in addition to the salaries of the agent, and not more at any agency, one agency than is absolutely necessary; and where Indians can per- who to be em- form the duties they shall be employed; and the number and kind of ployed. _ employees at each agency shall be prescribed by the Secretary of the mraTS'^eLployles" 81839—17 3 REPORT OF THE COMBIITTEE. 1 shall be employed : Provided, That where two or more Indian 2 agencies have been or may hereafter be consolidated, the 3 expenditure of such consolidated agencies for regular em- 4 ployees shall not exceed $15,000 : Provided further, That 5 salaries or compensation of agents, Indians, school employees 6 of every description, and persons temporarily employed, in 7 case of emergency, to prevent loss of life and property, in 8 the erection of buildings, the work of irrigation, and making 9 other permanent improvements, shall not be construed as 10 coming within the limitations fixed by this section. [3 Mar., 11 1875, 18 Stat. L., 449, c. 132, s. 5; 1 Supp., 79. 11 May, 12 1880, 21 Stat. L., 131, c. 85; 1 Supp., 282. 7 June, 1897, 13 30 Stat. L., 90, c. 3 ; 2 Supp., 631.] ioT'T^mlntlilm- ^^ ^^^- ^^- "^^^ fuuds provided for the pay of specified ees may be de- 15 employees at any Indian agency, when not required for the tailed for other ^ •' '' o ^ J M service. ^^ purpose for which appropriated, may be used by the Secretary 17 of the Interior for the pay of other employees at such agency ; 18 but no deficiency shall he thereby created. When necessary, 19 specified employees may be detailed for other service, when 20 not required for the duty for which they were engaged. 21 [1 Mar., 1907, 34 Stat. L., 1016, c. 2285.] pb/e^. °^ '"" 22 Sec. 47. Superintendents and acting superintendents 23 in charge of Indian reservation schools, irrigation, and allot- 2^4 ment projects are authorized and empowered to administer 25 the oath of office required of employees placed under their 26 jurisdiction. [30 June, 1913, 38 Stat. L., 80, c. 4.] 34 EXISTING LAW. Interior, and none otters shall be employed. Indian agents shall be required to state, under oath, upon rendering their quarterly accounts, that the employees claimed for were actually and bona fide employed at such agency, and at the compensation as claimed, and that such service was necessary; and that such agent is not to receive, and has not received, directly or indirectly, any part of the compensation clgmed for any other employee: Promdea, That when there is no Proviso. officer authorized to administer oaths within convenient distance of such agent, the Secretary of the Interior may direct such returns to be made upon certificate of the agent : And provided further, That in case it should be necessary at any agencies to have more employees than provided for in this section, the Secretary may, by written order, authorize the increase necessary; but in no case shall the amount expended at any agency exceed ten thousand dollars in any one year; and the provision of this section shall apply to the fiscal year ending June thirtieth, eighteen hundred and seventy-five. Indian appropriation act of May 11, 1880, 21 Stat. L., 131, c. 85. Provided, That teachers and Indians employed at agencies in any Proviso'. capacity shall not be construed as part of agency employees named in section five of the Act making appropriations for the Indian Service for the fiscal year ending June thirtieth, eighteen hundred and seventy-six, approved March third, eighteen hundred and seventy-five. Indian appropriation act of June 7, 1897, 30 Stat. L., 90, fc. 3. * * * That hereafter not more than ten thousand dollars shall Limit of expen- be paid in any one year for salaries or compensation of employees ^^^^ ^°^ regular regularly employed at any one agency, for its conduct and manage- ^^ °^^^^ ^ ^^^^' ment, and the number and kind of employees at each agency shall be prescribed by the Secretary of the Interior and none other shall be employed: Provided, That where two or more Indian agencies have Provisos. been or may hereafter be consoHdated, the expenditure of such con- Oonsoii dated sohdated agencies for regular employees shall not exceed fifteen agencies, thousand dollars: * * * SEC. 46. Indian appropriation act of Mar. 1, 1907, 34 Stat. L., 1016, c. 2285. That hereafter when not required for the purpose for which appro- Transfer of funds priated, the funds provided for the pay of specified employees at any for employees, etc. Indian agency may be used by the Secretary of the Interior for the pay of other employees at such agency, but no deficiency shall be thereby created; and, when necessary, specified employees may be detailed for other service when not required for the duty for which they were engaged. SEC. 47. Indian appropriation act of June 30, 1913; 38 Stat. L., 80, c. 4. That superintendents and acting superintendents in charge of Oaths of employ- Indian reservations, schools, irrigation, and allotment projects are ess. hereby authorized and empowered to administer the oath of office required of employees placed under their jurisdiction. 35 REPORT OF THE COMMITTEE. Ohaptee Two. PBEFORMANCE OF TREATY OBLIGATIONS. Sec. 48. Treaties with Indian tribes prohibited. 49. Abrogation of treaties. 50. Certain annuities paid in coin. 51. Payment of annuities in goods. 52. Purchase of goods for Indians. 53. Bidder to deposit checks, etc. 54. Proposals to be filed; statement of bids. 55.' Copies of contracts. 56. Purchases to be made upon public bids, except. 57. Contracts in advance of appropriations. 58. Appropriations for supplies to be immedi- ately available; when supplies may be distributed. ^ Claims for supplies for Indians. Warehouses to be maintained at certain cities. Transportation of Indian supplies by land- grant, etc., railroads; basis of compen- sation. Wagon transportation by Indians. Transportation of supplies. Modes of paying annuities and distribut- ing goods. Withholding of annuities on account of intoxicating liquors. Annuities of hostile Indians. No payments to Indians holding captives. No payments to hostile Indians. Goods withheld for violating treaty. Commutation of rations to civilized Indians. Indians 18 years old may receipt for an- nuity money. Male Indians required to labor. Persons to be present at delivery. Mode of disbursements. Mode of distributing goods. Supplies to be so distributed as to prevent deficiencies. Misapplication of funds belonging to Indians forbidden. Diversion of appropriations for employees and supplies; report of to be made to Congress. Surplus of appropriations for subsistence may be used to supply any subsistence deficiency; diversions to be reported to Congress. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72; 73. 74. 75. 76. 77. 78. 79. See. 80. Indian depredations, how paid. 81. Disbursing agents may deposit Indian funds in banks; bond required. 82. Restriction bn advances to agents. ,83. Disposal of proceeds of sales of Indian lands, 84. Appropriation of moneys to carry out Indian treaties. 85. Judgments to Indians; payments made by Interior Department. 86. Proceeds of pasturage, etc., of Indian reservations. 87. Sales of timber on unallotted lands in In- dian reservations; disposition of pro- ceeds. 88. Investments of stock required by treaties. 89. Custody of certain Indian trust funds. 90. Secretary of Interior may deposit Indian trust funds in Treasury. 91. Annual statement of accounts between United States and Indian tribes. 92. System of bookkeeping to be installed in bureau. 93. Estimates to contain classified state- ment. 94. Expense of land service not chargeable to Indian lands. 95. Investment of proceeds of lands. 96. Indian tribal funds; allotment of author- ized to individual Indians. 97. Indian tribal fimds; payment of may be made to helpless Indians. 98. Contracts with Indians or Indian tribes. 99. Payments under certain contracts re- stricted. 100. Penalty for receiving moneys from In- dians under prohibited contracts. 101. Assignments of contracts restricted. 102. Moneys due incompetent or orphan Indians. , 103. Number of Indians present and receiv- ing food, etc., to be reported; how to distribute supplies. 104. Rations for Indians. 105. Officers and others presenting false vouchers. 106. Property not required for use, to be removed or sold. diJnteibes'''rohib- "'• ^''^^- ^^- ^^ Indiaii natioH or tribe within the terri- ited. ~1j s. v. Kagama, 2 tory of the United States shall be acknowledged or recognized 118 'U. S., 382; . , o » Choctaw Nation v. . i . , . , ., . , , u. s., 11911. s.,1; 3 as an independent nation, tribe, or power with whom the Cherokee Nation 1). ^ S K. K. Co., 33 Fed. ^Re^., 900, 4 United States may contract by treaty ; but no obligation of Stephens v. Chero- kee Nation, 174 U. gg EXISTING LAW. SEC. 48. K,. S., Sec. 2079. No Indian nation or tribe within the territory of .No future trea- the United States shall be acknowledged or recognized as an inde- ^^ '"^^ Indian pendent nation, tribe, or power with whom the United States may . ^ ^' contract by treaty; but no obhgation of any treaty lawfully made 3 Mar, 1871, c and ratified with any such Indian nation or tribe prior to March i^g' ^: ^' "^- ^^' P third, eighteen hundred and seventy-one, shall be hereby invalidated or impaired. 37 REPORT OF THE COMMITTEE. Fort^^ixS' ^Gai- ^ ^^^ treaty lawfully made and ratifie'd with any such Indian Ions Wiisky, 25 ij^.%. ■y%sbom!^i 2 nation or tribe prior to March third, eighteen hundred and Fed.' Rep., 58; TJ. Rep., 779^'^in\e 3 seventy-one, shall be hereby invalidated or impaired. [E. S.,. Morgan, 20 Fed. -Rep., 298; In re . ^^„^ ^ SaSQuah, 31Fed. 4 S. 2079. Rep., 327; U. S. 11. Boyd, 83 Fed. Rep., 547; Leighton v. U. S., 29 Ct. Cls., 288; Brown v. U. S., 32 Ct. Cls.,432; 16 A. G. Op., 555. trettieT'*'"'' °* 5 Seo. 49. Whenever the tribal organization of any 6 Indian tribe is in actual hostility to the United States, the 7 President is authorized, by proclamation, to declare all trea- 8 ties with such tribe abrogated by such tribe, if in his opinion 9 the same can be done consistently with good faith and legal 10 and national obligations. [R. S., s. 2080.] Oertam amiui- n Qec. 50. The Secretary of the Treasury is authorized ties paid m com. ■ -^ '' 12 to pay in coin such of the annuities as by the terms of any 13 treaty of the United States with any Indian tribe are re- 14 quired to be paid in coin. [R. S., s. 2081.] Payment of an- 15 Sec. 51. The President may, at the request of anv nuities in goods. 16 Indian tribe, to which any annuity is payable in money, 17 cause the same to be paid in goods, purchased as provided 18 in the next section. [E. S., s. 2082.] rr TdsforMians''^ ^^ ^^^' ^^' "^^^ merchandise required by any Indian gau,'iVij*^s.^°89; 20 treaty for the Indians, payable after making of such treaty, U. S. V. Ordineal; "^ ' Beit^.' v^s., 15 21 shall be purchased under the direction of the Secretary of the Ct. CIb., 92. "^ 22 Interior, in conformity with the requirements of section 23 thirty-seven hundred and nine of the Eevised Statutes of the 24 Uaited States, as amended; and all merchandise required at 38 EXISTING LAW. SEC. 49. R. S., Sec. 2080. Whenever the tribal organization of any Indian Abrogation of tribe is in actual hostility to the United States, the President is an- treaties. thorized, by proclamation, to declare all treaties with such tribe abro- 5 July, 1862, c. gated by such tribe, if in his opinion the same can be done consist- 135, s. 1, v. 12, p. ently with good faith and legal and national obHgations. ^2®- SEC. 60. E,. S., Sec. 2081. The Secretary of the Treasury is authorized to Payment of cer- pay in coin such of the annuities as by the terms of any treaty of the **¥^ annuities in United States with any Indian tribe are required to be paid in coin. °°^°" 3 Mar., 1865, c. 127, s. 3, v. 13, p. 561. SEC. 51. R. S., Sec 2082. The President may, at the request of any Indian Payment of an- tribe, to which any annuity is payable in money, cause the same to nuitiee in goods. be paid in goods, purchased as provided in the next section. 30 June, 1834, c. 162, 8. 12, V. 4, p. 73?! SEC. 53. R. S., Sec. 2083. All merchandise required by any Indian treaty Purchase of for the Indians, payable after making of such treaty, shall be pur- goods for the In- chased under the direction of the Secretary of the Interior, upon pro- ^^^' posals to be received, to be based on notices previously to be given; 30 June, 1834, c. and all merchandise required at the making of any Indian treaty ^^^' ^- ^^' "^- ^' P- shall be purchased under the order of the Commissioner of Indian Affairs by such person as he shall appoint. All other purchases on Account of the Indians, and all payments to them of money or goods, shall be made by such person as the President shall designate for that purpose. 39 REPORT OF THE COMMITTEE. 1 the making of any Indian treaty shall be purchased under 2 the order of the Oonunissioner of Indian Affairs by such 3 person as he shall appoint. All other purchases on account 4 of the Indians, and all payments to them of money or goods, 5 shall be made by such person as the President shall designate 6 for that purpose : Provided, That supplies may be purchased, 7 contracts let, and labor employed for the construction of 8 artesian wells, ditches, and other works for irrigation, not 9 to exceed the sum of $5,000 in any one purchase or contract, 10 in the discretion of the Secretary of the Interior, without 11 advertising as herein above provided : Provided further, That 12 so far as practicable Indian labor shall be employed, and pur- 13 chases of the products of Indian industry may be made in 14 the open market in the discretion of the Secretary of the 15 Interior : Provided further. That section thirty-seven hun- 16 dred and nine of the Eevised Statutes, in so far as that section 17 requires that advertisement be made, shall apply only to 18 those purchases and contracts for supplies or services, except 19 personal services, for the Indian field service which exceed 20 in amount the sum of fifty dollars each. [E,. S., s. 2083. 21 3 Mar., 1877, 19 Stat. L., 291, c. 101; 1 Supp., 134; 22 30 Apr., 1908, 35 Stat. L., 71, c. 153; 25 June, 1910, 23 36 Stat. L., 861, c. 431, s. 23; 18 May, 1916, 39 Stat. L., 24 126, c. 125.J 40 EXISTING LAW. Indian appropriation act of Mar. 3, 1877, 19 Stat. L., 291, c. 101. TRANSPOETATION. For the necessary expenses of transportation of such goods, provis- Transportation ions, and other articles for the various tribes of Indians provided for of goods, etc. by this act, two hundred and nineteen thousand dollars. And when- Indian labor em- ever practicable wagon transportation may be performed by Indian ^ ?^t^ j e h o u s e labor; and whenever it is so performed the Commissioner of Indian wagons, etc., fur- AfFairs is hereby authorized to hire a storehouse at any railroad when- nisted.' ever necessary, and to employ a storekeeper therefor, and to furnish in advance the Indians who will do the transportation with wagons and harness, all the expenses incurred under this provision, to be paid out of this appropriation: Provided, That hereafter contracts involv- Advertisement ing an expenditure of more than two thousand dollars shall be adver- ^°^ contracts, tised and let to the lowest responsible bidder. Indian appropriation act ol Apr. 30, 1908, 35 Stat. L., 71, c. 153. Provided, That hereafter supphes may be piirchased, contracts let, and labor employed for the construction of artesian wells, ditches, and other works for irrigation, not to exceed the sum of five thousand dollars in any one purchase or contract, in the discretion of the Secre- tary of the Interior, without advertising as hereinbefore provided: Provided, further. That as far as practicable Indian labor shaJl be em- ployed and purchase in the open market made from Indians, imder the direction of the Secretary of the Interior. CHAP. 431. — An Act To provide for determining the heirs of deceased Indians,' for June 25, 1910, 36 the disposition and sale of allotments of deceased Indians, for the leasing of allot- Stat. L., 861, c. ments, and for other purposes. 431, s. 23. Sec. 23., That hereafter the purchase of Indian supplies shall be Indian supplies, made in conformity with the requirements of section thirty-seven Pychases under himdred and nine of the Revised Statutes of the United States: Pro- jifg ggc 3799. vided, That so far as may be practicable Indian labor shall be em- Proviso, ployed, and pm-chases of the products of Indian industry may be Indian labor and made in open market in the discretion of the Secretary of the Interior, products. AH Acts and parts of Acts in confhct with the provisions of this section are hereby repealed. Indian appropriation act of May 18, 1916, 39 Stat. L., 126, c. 125. Provided further, That section thirty-seven hundred and nine, R. S., sec. 3709, Revised Statutes, in so far as that section requires that advertisement P- 733. be made, shall apply only to those purchases and contracts for sup- phes or services, except personal services, for the Indian field service which exceed in amount the sum of $50 each, and section twenty- three of the Act of June twenty-fifth, nineteen hundred and ten (Thirty-sixth Statutes at Large, page eight hundred and sixty-one), Vol. 36, p. 861, is hereby amended accordingly. amended. 41 REPORT OF THE COaiMITTEE. oritdfeck*et/^" 1 ^^^- ^^' -^11 bidders under any advertisement pub- 2 lished by the Commissioner of Indian Affairs for proposals for 3 goods, supplies, transportation, and so forth, for and on 4 account of the Indian Service, whenever the value of the 5 goods, supplies, and so forth, to be furnished, or the transpor- 6 tation to be performed, shall exceed the sum of $5,000, shall 7 accompany their bids with a certified check, draft, or cashier's 8 check, payable to the order of the Commissioner of Indian 9 Affairs, upon some United States depository or some one of 10 such solvent national banks as the Secretary of the Interior Bond, etc., ac- H may designate, or by an acceptable bond in favor of the United 12 States, which check, draft, or bond shall be for five per 13 centum of the amount of the goods, supplies, transportation, 14 and so forth, as aforesaid; and in case any such bidder, on faifureto^'execute ^^ being awarded a contract, shall fail to execute the same with contract. 16 good and sufficient sureties according to the terms on which 17 such bid was made and accepted, such bidder, or the sureties 18 on his bond, shall forfeit the amount so deposited or guar- 19 anteed to the United States, and the same shall forthwith be 20 paid into the Treasury of the United States ; but if such con- Retum if exe- 21 tract shall be duly executed, as aforesaid, such draft, check or cuted. ' J > 22 bond so deposited shall be returned to the bidder. [3 Mar., 23 1875, 18 Stat. L., 420, c. 132, s. 9; 1 Supp., 80; 18 May, 24 1916, 39 Stat. L., 129, c. 125.] 42 EXISTING LAW. SEC. 53. Indian appropriation act of Mar. 3, 1875, 18 Stat. L., 450, c. 132, s. 9. Sec. 9. That hereafter all bidders under any advertisement pub- hshed by the Commissioner of Indian Affairs for proposals for goods, supplies, transportation, and so forth, for and on account of the Indian Service, whenever the value of the goods, supphes, and so forth, to be furnished, or the transportation to be performed, shall exceed the sum of five thousand dollars, shall accompany their bids with a certified p^n^^bid^ to °In- check, or draft payable to the order of the Commissioner of Indian ^^ supplies ex- Affairs, upon some United States depository or some one of such ceeding $5,000. solvent national banks as the Secretary of the Interior may designate, which check or draft shall be five per centum on the amount of the goods, supplies, transportation, and so forth, as aforesaid; and in case any such bidder, on being awarded a contract, shall fail to execute the same with good and sufficient sm-eties according to the terms on which such bid was made and accepted, such bidder shall forfeit the Forfeiture on amount so deposited to the United States, and the same shall forth- ^^^^ execute with be paid into the Treasury of the United States; but if such con- tract shall be duly executed, as aforesaid, such draft or check so deposited shall be returned to the bidder. Indian appropriation act of May 18, 1916, 39 Stat. L., 129, c. 125. Section nine of the Act of March third, eighteen hundred and Indian supplies, seventy-five (Eighteenth Statutes at Large, page four hundred 8.nd,^^°Jj -^i P- ^^^' fifty) , is hereby amended so as to read as follows : "That hereafter aU bidders under any advertisement pubhshed by Bids for goods, the Commissioner of Indian Affairs for proposals for goods, supplies, etc-, to be accom- transportation, and so forth, for and on account of the Indian Service, ^^^t^^*'^ check whenever the value of the goods, supphes, and so forth, to be fur- nished, or the transportation to be performed, shall exceed the sum of $5,000, shall accompany their bids with a certified check, draft, _ or cashier's check, payable to the order of the Commissioner of Indian Affairs, upon some United States depository or some one of such solvent national banks as the Secretary of the Interior may designate, or by an acceptable bond in favor of the United States, Bond, etc., ac- which check, draft, or bond shall be for five per centmn of the amount ceptable. of the goods, supplies, transportation, and so forth, as aforesaid; and in case any such bidder, on being awarded a contract, shall fail to execute the same with good and suflicient sureties according to the Forfeiture on terms on which such bid was made and accepted, such bidder, or the failure to execute sureties on his bond, shall forfeit the amoimt so deposited or guaran- '=°'i*ract- teed to the United States, and the same shall forthwith be paid into the Treasury of the United States; but if such contract shall be dtdy -p . .. executed, as aforesaid, such draft, check, or bond so deposited shall be cuted.'"^'^ ^ ^^^' returned to the bidder." 43 REPORT Ol^ THE COMMITTEE. fiiKtatementrf ^ ^EC. 54. Ill all lettmgs of contracts in connection bids. 2 with the Indian service, the proposals or bids received shall 3 be filed and preserved ; and an abstract of all bids or proposals 4 received for the supplies or services embraced in any contract 5 shall be attached to, and filed with, the said contract when the 6 same is filed in the office of the Auditor of the Treasury for 7 the Interior Department. [15 Aug., 1876, 19' Stat. L., 199, 8 c. 289, s. 3; 1 Supp., 121.] trarts.'^ °f '=°''- 9 Sec. 55. Copies of all contracts made by the Com- 10 missioner of Indian Affairs, or any other officer of the Govern- 11 ment, for the Indian service, shall be furnished to the Auditor 12 of the Treasury for the Interior Department before any pay- 13 ment shall be made thereon. [3 Mar., 1875, 18 Stat. L., 14 450, c. 132, s. 7; 1 Supp., 80.] Purchases to be made upon public bids, except. 15 Sec. 56. No goods shall be purchased by the office of 16 Indian Affairs, or its agents, for any tribe, except upon the 17 written requisition of the agent in charge of the tribe, and 18 only upon public bids in the. mode prescribed by section 19 fifty-two : Provided, That the Secretary of the Interior is au-" 20 thorized, whenever it can be done advantageously, to pur- 21 chase for use in the Indian service, from Indian manual and 22 training schools, in the manner customary among individuals, 28 such articles as may be manufactured at such schools, and 44 EXISTING LAW. SEC. 54. Indian appropriation act of Aug. 15, 1816, 19 Stat. L., 199, c. 289, s. 3. Sec. 3. That in all lettings of contracts in connection with the Ind^n contracts Indian Service, the proposals or hids received shall be filed and pre- ^^^sf^g ®etc^*to be served; and in the annual report of the Commissioner of Indian g^^ted ' in annual Affairs, there shall be embodied a detailed and tabular statement of report, all bids and proposals received for any services, suppHes, or annuity- -'^?^*''!f,*i'^ ^^4^ goods for the Indian Service, together with a detailed statement of aU ^^^t ^ awards of contracts made for any such services, supphes, and annuity- goods for which said bids or proposals were received; and an abstract of all bids or proposals received for the supphes or services embraced in any contract shall be attached to, and filed with, the said contract when the same is filed in the office of the Second Comptroller of the Treasury. SEC. 55. Indian appropriation act of Mar. 3, 1875, 18 Stat. L., 450, c. 132, s. 7. Sec. 7. That hereafter, no purchase of goods, supphes, or farming No purchase ex- implements, or any other article whatsoever, the cost of which shall "^ ? ® '^ ^ ° S ^^^ exceed $1,000, shall be paid for from the money appropriated by this ment^etc Act, imless the same shall have been previously advertised and con- No'credit to offi- tracted for as heretofore provided by law; and no payment of any cers for payments part of the money appropriated by this Act, or heretofore appropn- ^^^ vouchers ex- ated, for the expenses of the Indian Department, shall be credited to ^^c^pieB^ of con- any Government officer until the proper vouchers therefor shall first tracts to be fur- have been submitted to, examined, and authorized by the accounting niahed to Second officers of the Treasury. And provided further, That copies of all -A^ii ^- > '^- > P- nor until the chiefs and headmen of the tribe shall have pledged themselves to use all their influence and to make all proper exertions to prevent the introduction and sale of such liquor in their country. SEC. 66. K. S., Sec. 2100. No moneys or annuities stipulated by any treaty Annuities of In- with an Indian tribe for which appropriations are made shall be ^^'P? , |?^^'® *° expended for, or paid, or delivered to any tribe which, since the next : preceding payment under such treaty, has engaged in hostilities 2 Mar., 1867, c. against the United States, or against its citizens peacefully or lawfully ^^' ^- ^' '^- ■'■^' P- sojourning or traveling within its jurisdiction at the time of such hos- tilities; nor in such case shall such stipulated payments or deliveries be resumed until new appropriations shall have been made therefor by Congress. And the Commissioner of Indian Affairs shall report to Congress, at each session, any case of hostilities, by any tribe with which the United States has treaty stipulations; which has occurred since his next preceding report. REPORT OF THE COBIMITTEE. 1 traveling within its jurisdiction at the time of such hostilities ; 2 nor in such case shall such stipulated payments or deliveries 3 be resumed until new apj)ropriations shall have been made 4 therefor by Congress. A^^ ^^^ Commissioner of Indian 5 Affairs shall report to Congress, at each session, any case of 6 hostilities, by any tribe with which the United States has 7 treaty stipulations, which has occurred since his next preced- 8 ing report. [E. S., s. 2 100 .J No payments to 9 Sec. 67. The Secretary of the Interior is authorized Indians holding captives. 10 to withhold, from any tribe of Indians, who may hold any 11 captives other than Indians, any moneys due them from the 12 United States until said captives shall be surrendered to the 13 lawful authorities of the United States. [E. S., s. 2102. 14 3 Mar., 1875, 18 Stat. L., 424, c. 132 ; 1 Supp., 79.] No payments to 15 Sec. 68. Nono of the appropriations made for the hostile Indians. j. j. j. 16 Indian service, shall be paid to any band of Indians or any 17 portion of any band while at war with the United States or 18 with the white citizens of any of the States or Territories. 19 [3 Mar., 1875, 18 Stat. L., 449, c. 132, s. 2 ; 1 Supp., 79.] Goods withheld 20 Sec. 69. No delivery of goods or merchandise shall be for violating treaty. ^ 21 made to the chiefs of any tribe, by authority of any treaty, if 22 such chiefs have violated the stipulations contained in such 23 treaty upon their part. [E. S., s. 2101.] Commutation of 24 Sec. 70. When, in the judgment of the Secretarv of rations to civilized •> o "-^j v^j. Indians. 25 the Interior, any Indian tribe, or part thereof, who are re- 56 EXISTING LAW. SEC. 67. K. S., Sec. 2102. The Secretary of the Interior shall withhold from Moneys due In- any tribe of Indians who may hold American captives, any moneys dians holding due them' from the United States, until such captives have been sur- ^encancaptives. rendered to the lawful authorities of the United States. 15 May, 1870, Res. No. 62, s. 3, v. 16, p. 377. Indian appropriation act of Mar. 3, 1875, 18 Stat. L., 424, c. 132. * * * • that the Secretary of the Interior be authorized to with- hold from any tribe of Indians who may hold any captives other than Indians any moneys due them from the United States until said captives shall be surrendered to the lawful authorities of the United States. SEC. 68. Appropriation act of Mar, 3, 1875, 18 Stat. L., 449, c. 132, s. 2. Sec. 2. That none of the appropriations herein made, or of any No payments to appropriations made for the Indian Service, shall be paid to any band ^'^^'^'11 ^|t Y^T of Indians, or any portion of any band, while at war with the United gtates ^ °^ ^ States or with the white citizens of any of the States or Territories. SEC. 69. R. S., Sec. 2101 . No delivery of goods or merchandise shall be made Goods withheld to the chiefs of any tribe, by authority of any treaty, if such chiefs ^"^ ^^^®*,^ ^^° have violated the stipulations contained in such treaty upon tiieir ^j-^^^y °g(.i ^^g^. part. ■ tions. i 10 Apr., 1869, c. 16, s. 2, V. 16. p. 39. SEC. 70. Indian appropriation act of July 1, 1898, 30 Stat. L., 596, c. 545, s. 7. Sec. 7. That hereafter when, in the judgment of the Secretary of Commutation o the Interior, any Indian tribe, or part thereof, who are receiving rations, etc. rations and clothing and other supplies under this Act, are sufficiently 57 REPORT OF THE COMMITTEE. 1 ceiving rations and clothing and other supplies are suffi- 2 ciently advanced in civili^^ation to purchase such rations and 3 clothing and other supplies judiciously, they may commute the 4 same and pay the value thereof in money per capita to such 5 tribe of part thereof, the manner of such payment to be pre- 6 scribed by the Secretary of the Interior. [1 July, 1898, 30 7 Stat. L., 596, c. 545, s. 7; 2 Supp., 874.J oidm^TeceiptlS ^ ^EC. 71. All ludiaus, whou they shall arrive at the annuity money. 9 age of eighteen years, shall have the right to receive and 10 receipt for all annuity money that may be due or become due 11 to them, if not otherwise incapacitated under the regula- 12 tions of the Indian office. [1 Mar., 1899, 30 Stat. L., 947, 13 c. 324, s. 8; 2 Supp., 954.] uh-edto°iabor '^" ^^ ^^^' '^^^ ^^"^ ^'^^ purpose of inducing Indians to labor 15 and become self-supporting, it is provided that, in distributing 16 the supplies and annuities to the Indians for whom the same 17 are appropriated, the agent distributing the same shall require 18 all able-bodied male Indians between the ages of eighteen 19 and forty-five to perform service upon the reservation, for the 20 benefit of themselves or of the tribe, at a reasonable rate, to 21 be fixed by ^:he a.gent in charge, and to an amount equal in 22 value to the supplies to be delivered; and the allowances 23 provided for such Indiaus shall be distributed to them only 24 upon condition of the performance of such labor, under such 25 rules and regulations as the agent may prescribe : Provided, 58 EXISTING LAW. advanced in civilization to purchase such rations and clothing and other supplies judiciously, they may commute the same and pay the value thereof in money per capita to such tribe or part thereof, the manner of such payment to be prescribed by the Secretary of the Interior. SEC. 71. Indian appropriation act of Mar. 1, 1899, 30 Stat. L., 947, c. 324, s. 8. Sec. 8. That hereafter all Indians, when they shall arrive at the Indians may re- age of eighteen years, shall have the right to receive and receipt for '^^^P* ^°\ annuity aU annuity money that may be due or become due to them, if not ^^'^^J ** ^^ y®^""^ otherwise incapacitated under the regulations of the Indian OflBce. SEC. 72. Indian appropriation act of Mar. 3, 1875, 18 Stat. L., 449, c. 132, s. 3. Sec. 3. That for the purpose of inducing Indians to labor and become Labor on reser- self -supporting, it is provided that hereafter, in distributing the supplies va*^°°^',.*° amount and annuities to the Indians for whom the same are appropriated, the ° ^^^^ ^^^' agent distributing the same shall require all able-bodied male Indians between the ages of eighteen and forty-five to perform service upon the reservation, for the benefit of themselves or of the tribe, at a reasonable rate, to be fixed by the agent in charge, and to an amount equal in value to the suppnes to be delivered; and the allowances provided for such Indians shall be distributed to them only upon condition of the performance of such labor, under such rules and regulations as the agent may prescribe: Provided, That the Secretary of the Interior may, by written order, except any particular tribe, or por- Exceptions from tion of tribe, from the operation of this provision where he deems it ^^^°^ ^^■ proper and expedient. 59 REPORT OF THE COMBIITTEE. 1 That the Secretary of the Interior may, by written order, 2 except any particular tribe, or portion of tribe, from the 3 operation of this provision where he deems it proper and 4 expedient. [3 Mar., 4875, 18 Stat. L., 449, c. 132, s. 3; 5 1 Supp., 79.] rraenrit *deiiv^- ^ ^^^- ^^- "^^^ agent, or sub-agent, together with such ery. 7 military officer as the President may direct, shall be present, 8 and certify to the delivery of all goods and money required 9 to be paid or delivered to the Indians. [E,. S., s. 2088.] bu^eements°* ^''' 10 ^EC. 74. At the discretiou of the President all dis- 11 bursements of moneys, whether for annuties or otherwise, 12 to fulfill treaty stipulations with individual Indians or Indian 13 tribes shall be made in the presence of the local agents and 14 interpreters, who shall witness the same, under such regu- 15 lations as the Secretary of the Interior may direct. [R. S., 16 s. 2089.] Mode of distrib- X7 Sec. 75. Whenever goods and merchandise are de- utmg goods. " 18 livered to the chiefs of a tribe, for the tribe, such goods and 19 merchandise shall be turned over by the agent of such tribe 20 to the chiefs in bulk, and in the original package, as nearly 21 as practicable, and in the presence of the head-men of the 22 tribe, if practicable, to be distributed to the tribe by the chiefs 23 in such manner as the chiefs may deem best, in the presence 24 of the agent. [R. S., s. 2090.] GO EXISTING LAAV. SEC. 73. R. S., Sec. 2088. The superintendent, agent, or sub-agent, to- Persons to be gether with such military officer as the President may direct, shall ^f ®^^*j^ delivery be present, and certify to the dehvery of all goods and money re- ° quired to be paid or delivered to the Indians. ,„^''''^^?^' ^^^f' *^" '^ 162, s. 13, V. 4, p. I 737.— Minis v. U. S., 15 Pet., 423. SEC. 74. Sec. 2089. At the discretion of the President all disbursements of Mode of disburse- moneys, whether for annuities or otherwise, to. fulfill treaty stipula- "^^nts. tions with individual Indians or Indian tribes, shall be made in person 3 Mar., 1857, c. by the superintendents of Indian affairs, where superintendencies 9^, s. 1, v. 11, p. exist, to all Indians or tribes within the limits of their respective superintendencies, in the presence of the local agents and interpre- ters, who shall witness the same, under such regulations as the Sec- retary of the Interior may direct. SEC. 75. , R. S., Sec. 2090. Whenever goods and merchandise are delivered to M°<^e of distri- the chiefs of a tribe, for the tribe, such goods and merchandise shall be bution of goods. turned over by the agent or superintendent of such tribe to the chiefs 10 Apr., 1869, c. in bulk, and in the original package, as nearly as practicable, and in the ^^' ^- 2. v. 16, p. 30 presence of the head-men of the tribe, if practicable, to be distributed to the tribe by the chiefs in such manner as the chiefs may deem best, in the presence of the agent or superintendent. 61 REPORT OF THE COMMITTEE. diIrn)uted*°a^^to ^ ^^^' '^^^ ^* ^^^^^ ^® *^^ duty, of the Secretary of the prevent deficien- •^^^^ 2 Interior, and the officers charged by law with the distribu- 3 tion of supplies to the Indians, under appropriations 4 made by law, to distribute them and pay them out to the 5 Indians entitled to them, in such proper proportions as that 6 the amount of appropriation made for the current year shall 7 not be expended before the end of such current year, so as to 8 prevent deficiencies; and no expenditure shall be made or 9 liability incurred on the part of the Government on account 10 of the Indian service for any fiscal year (unless in compli- 11 ance with existing law) beyond the amount of money pre*- 12 viously appropriated for said service during such year. 13 [3 Mar., 1875, 18 Stat. L., 450, c. 132, s. 6; 1 Supp., 80.] of ftidB Mon£g 14 ■ Sec. 77. No funds belonging to any Indian tribe with to Indians forbid- '^^^' 15 which treaty relations exist shall be applied in any manner 16 not authorized by such treaty, or by express provisions of law ; s ^2Tct''cis''' 288- 1 ''' ^^^ ^^^^^ money appropriated to execute a treaty be transferred 20 A. G.' Op.' '517; 5 comp. Dec, 680. ^q ^^ applied to any other purpose, unless expressly authorized 19 by law. [R. S., s. 2097.] pro^priatiin^^ '?; 20 Sec. 78. The several appropriations made for millers, employees and to be ma'deTcon- 21 blacksmiths, engLneers, carpenters, physicians, and other gress. 22 persons, and for various articles provided for by treaty stipula- 23 tion for the several Indian tribes, may be diverted to other 24 uses for the benefit of said tribes, respectively, within the dis- 63 EXISTING LAW. SEC. 76. Indian appropriation act of Mar. 3, 1875, 18 Stat. L., 450, c. 132, s. 6. Sec. 6. That hereafter, it shall be the duty of the Secretary of the Expenditure of Interior, and the officers charged by law with the distribution of sup- ^^'^iP^^^go'^as to plies to the Indians, under appropriations made by law, to distribute mevent' deficien- them and pay them out to the Indians entitled to them, in such proper cies. proportions as th^t the amount of appropriation made for the current year shaU not be expended beforfe the end of such current year, so as to prevent deficiencies; and no expenditure shall be made or liability Expenchtwe not incurred on the part of the Government on account of the Indian prJatSi^ ° Service for any fiscal year (unless in compliance with existing law) be- yond the amount of money previously appropriated for said service during such year. / SEC. 77. U.S., Sec. 2097. Nofundsbelongingtoany Indian tribe with which I/Iisapplication treaty relations exist shall be applied in any manner not authorized °^ tf^^f belonging by such treaty, or by express provisions of law; nor shall money j^^j^^-l^^ lans pro- appropriated to execute a treaty oe transferred or applied to any other '■ purpose, unless expressly authorized by law. 266V2'^^i4^^^280 SEC. 78. Indian appropriation act of Mar. 1, 1907, 34 Stat. L., 1016, c. 2285. * * * ; and that the several appropriations made for millers. Diversion of ap- blacksmiths, engineers, carpenters, physicians, and other persons, and Pi^opriations. for various articles provided for by treaty stipulation for the several Indian tribes, may be diverted to other uses for the benefit of said tribes, respectively, within the discretion of the President, and with the consent of said tribes, expressed in the usual manner; and that he cause report to be made to Congress, at its next session thereafter, of his action under this provision. 63 REPORT OF THE COaiMITTEE. 1 cretion of the President, and with the consent of said tribes, 2 expressed in the usual manner ; and the President shall cause 3 a report to be made to Congress, at its next session thereafter, 4 of his action under this section. [1 Mar., 1907, 34 Stat. L., 5 1016, c. 2285.] Surplus of ap- Q §^0. 79. The Secretary of the Interior, under the propnationa for •' subsistence may be suWenT^Tfi^ 7 direction of the President, may use any surplus that may ciency; diversions congress^^'"^ ^ ° 8 remain in any of the appropriations for the purchase of sub- 9 sistence for the several Indian tribes, to an amount not exceed- 10 ing $25,000 in the aggregate, to supply any subsistence 11 deficiency that may occur; hut any diversion made under 12 authority of this section sfiTall be reported in detail, with the 13 reason therefor, to Congress, at the session next succeeding 14 such diversion. [1 Mar., 1907, 34 Stat. L., 1016, c. 2285.] Indian depreda- 15 Sec. 80. N"o part of the moueys which may be appro- tions, how paid. 16 priated in any general act or deficiency bill making appropria- 17 tions for the current and contingent expenses incurred in 18 Indian affairs, to pay annuities due to or to be used and Leigh ton 1). 19 expended for the care and benefit of any tribe or tribes of XT. S., 29 Ct. Cls., 288. 20 Indians, shall be applied to the payment of any claim for 21 depredations that may have been or may be committed by 22 such tribe or tribes, or any member or members thereof. No 23 claims for Indian depredations shall be paid until Congress 24 make special appropriation therefor. [R. S., s. 2098.] 64 EXISTING LAW. SEC. 79. Indiau appropriation, act of Mar. 1,1907, 34 Stat. L., 1016, c. 2285. That hereafter the Secretary of the Interior, under the direction of Use of surplus the President, may use any surplus that may remain in any of the said ^°^. subsistence de- appropriations for the purchase of subsistence for the several Indian ^i<=iencies. tribes, to an amoimt not exceeding twenty-five thousand dollars in the aggregate, to supply any subsistence deficiency that may occur: Provided, That any diversions which shall be made under authority Provisos. of this section shall be reported in detail, and the reason therefor, Report of diver- to Congress, at the session of Congress next succeeding such diver- ^^°'^- sion: * * * SEC.80 . R. S., Sec. 2098. No part of the moneys which may be appropri- Indian depreda- ated in any general act or deficiency bill making appropriations for tions, how paid. the current and contingent expenses incurred in Eidian affaire, to pay 15 July, 1870, c. annuities due to or to be used and expended for the care and benefit 296, s. 4, v. 16, p. of any tribe or tribes of Indians, shall be applied to the payment of ^^^• any claim for depredations that may havfe been or may be com- mitted by such tnbe or tribes, or any member or members tliereof. No claims for Indian depredations shall be paid until Congress shall make special appropriation therefor. 81839—17 5 65 REPORT OF THE COMMITTEE. Disbursing 1 Sbc. 81. Anv United States Indian agent, super- agents may de- '' a ' j. posit Indian funds q'iiired!'^' ^"^"^ '^^' ^ intendent, or otKer disbursing agent of the Indian service ' 3 may deposit Indian moneys, individual or tribal, coming into 4 Ms hands as custodian, in such banJi or banks as he may 5 select : Provided, That the banJi or banks so selected by him 6 shall first execute to such disbursing agent a bond, with 7 approved surety, in such amount as will properly safeguard 8 the funds to be deposited. Such bond shall be subject to 9 the approval of the Secretary of the Interior. [30 Apr., 10 1908, 35 Stat. L., 73, c. 153. 25 June, 1910, 36 Stat. L., 11 856, c. 431, s. 1.] ad^nct'toagente. 12 Sec. 82. No Indian agent, or other disbursing officer 13 in such service, shall have advanced to him, on Indian or 14 public account, any money to be/disbursed in future, until 15 such agent or officer in such service has settled his accounts Gii^int ^"356 "''^25 ^^ ^^ ^^® preceding quarter, and has satisfactorily shown that Fed. das., 953. 17 all balances in favor of the Governemnt, which may appear 18 to be in his hands, are ready to be paid over on the order 19 of the Secretary of the Interior. [E. S., s. 2092.] 66 EXISTING LAW. SEC. 81. Indian appropriation act of Apr. 30, 1908, 35 Stat. L., 73, c. 153. That hereafter any United States Indian agent, superintendent, or Disbursins other disbursing agent of the Indian Service may deposit Indian ?;g™*^ may select moneys, individual or tribal, coming into his hands as custodian, in fo^'in.jian funis such national bank or banks as he may select : Provided, That the bank Proviso. or banks so selected by him shall first execute to said disbursing agent Bond, a bond, with approved surety, in such an amount as will properly safeguard the funds to be deposited. Such bond shall be subject to the approval of the Secretary of the Interior. CHAP. 431.— An Act To provide lor determining the heirs of deceased Indians, for June 25, 1910, the disposition and sale of allotments of deceased Indians, for the leasing of allot- 36 Stat. L., 855, ments, and for other purposes. s. 1. * * * Provided further, That hereafter any United States In- .Deposit of In- dian agent, superintendent, or other disbursing agent of the Indian^*'? ^^'^^^ ^'-' Service may deposit Indian moneys, individual or tribal, coming into ^^ *' his hands as custodian, in such bank or banks as he may select : Pro- ludemuity vided. That the bank or banks so selected by him shaU first execute to bond. \ the said disbursing agent a bond, with approved surety, in such amount as will properly safeguard the funds to be deposited. Such bonds shall be subject to the approval of the Secretary of the Interior. SEC. 82. R. S., Sec. 2092. No superintendent of Indian aj0[airs, or Indian Restriction on agent, or other disbursing officer in such service, shall have advanced advances to super- to him, on Indian or pubhc account, any money to be disbursed in ^^ ^^ ^^ ' ^~-. future, until such superintendent, agent, or officer in such service has -^ ■'^,"'^®'q^^^^'p^' settled his accounts of the preceding year, and has satisfactorily shown '^' '^' ' ^' that aU, balances in favor of the Government, which may appear to be in his hands, are ready to be paid over on the order of the Secretary of the Interior. Legislative, executive, and judicial appropriation act of July 31, 1894, 28 Stat. L., 209, c. 174, B. 12. Sec. 12. All mont hly accounts shall be mailed or otherwise sent to Transmission of the proper officer at Washington within ten days after the end of the ^^^^' ^^^'' *^' month to which they relate, and quarterly and other accounts within twenty days after the period to which they relate, and shall be trans- mitted to and received by the auditors within twenty days of their actual receipt at the proper office in Washington in the case of monthly, and sixty days in the case of quarterly and other accounts. Should there be any delinquency in this regard at the time of the re- Auditor may dis- ceipt by the Auditor of a requisition for an advance of money, he approve requi " shall disapprove the requisition, which he may also do for other ^io°3 °^ deli reasons ansmg out of the condition of the officer's accounts for whom I'^^'^'^y' ^*^- the advance is requested; but the Secretary of the Treasury may overrule the Auditor's decision as to the sufficiency of these latter reasons: Provided, That the Secretary of the Treasury shall prescribe Promsos. suitable rules and regulations, and may make orders in particular Secretary ^ of'' the cases, relaxing the requirement of maOlng or otherwise sending ac- Treasury. counts, as aforesaid, within ten or twenty days, or waiving delin- quency, in such cases only in which there is, or is likely to be, a mani- fest physical difficulty in complying with the same, it being the pur- pose of this provision to require the prompt rendition of accounts Prompt returns without regard to the mere convenience of the officers, and to forbid ""equired. the advance of money to those delinquent in rendering them: Pro- 67 UlSl- elin- REPORT OF THE COBIBIITTEE. ce^d^Tf^aies^'of ^ ^^^- ^^- ^^^ Hioneys received from the sales of lands Indian lands. 3 A. G. Op., 238. 2 that have been, or may be hereafter, ceded to the United 3 States by Indian Tribes, by treaties providing for the invest- 4 ment or payment to the Indians, parties thereto, of the pro- 5 ceeds of the lands ceded by them, respectively, after deducting 6 the expenses of survey and sale, any sums stipulated to be 7 advanced, and the expenses of fulfilling any engagements 8 contained therein, shall be paid into the Treasury in the same 9 manner that moneys received from the sales of public lands 10 are paid into the Treasury. [E. S., s. 2093.] m4^ys°^to'^crr^ ^^ ^^^- ^"^^ ^^^ ^^^^ ^^^^ ^^® °^ ^^^ ^® required to be out Indian treaties. " 17A. G. Op.,74. 12 paid, and all moneys that are or may be required to be invested 13 by the treaties mentioned in the section last preceding, are 14 appropriated in conformity to them, and shall be drav^n from 15 the Treasury as other public moneys are drav^^n therefrom, 16 under such instructions as may from time to time be given 17 by the President. [R. S., s. 2094.] indilT^'pay- ^^ ^^^- ^^' Payments to Indians made from moneys ments made by menf ' ^'^''*" 19 appropriated by Congress in satisfaction of the judgment of 20 any court shall be made under the direction of the oflBcers of 21 the Interior Department charged by law with the super- «8 EXISTING LAW. vided further, That should there be a delay by the administrative de- Delays in sub- partments beyond the aforesaid twenty or sixty days in transmitting mitting depart- accounts, an order of the President in the particular case shall be ™^o*j^'^p°807 necessary to authorize the advance of money requested: Avd provided, ' further, That this section shall not apply to accounts of the postal Postal accounts revenue and expenditures therefrom, which shall be rendered as now not affected, required by law. SEC. 83. E,. S., Sec. 2093. AU moneys received from the sales of lands that Disposal of pro- have been, or may be hereafter, ceded to the United States by Indian in^iL lands tribes, by treaties providing for the investment or payment to the --^- — Indians,. parties thereto, of the proceeds of the lands ceded by them, ^ ^ i v'5 p 135^ respectively, after deducting the expenses of survey and sale, any '■>•'■ sums stipulated to be advanced, and the expenses of fulfilling any en- gagements contained therein, shall be paid into the Treasury in the same manner that moneys received from the sales of public lands are paid into the Treasury. SEC. 84. R. S., Sec. 2094. All sums that are or may be required to be paid. Appropriation of and all moneys that are or may be required to be invested by the ^°J^^yf. to carry , ,• i'^ J ■ ii, J- 3 • J. J • out Indian treaties, treaties mentioned in the preceding section, are appropriated m con- formity to them, and shall be drawn from the Treasury as other pub- | •^^^;^ ^^^^ht,' ^' lie moneys are drawn therefrom, under such instructions as may from ^- • ^- > P- time to time be given by the President. SEC. 85. Indian appropriation act of Mar. 3, 1911, 36 Stat. L., 1077, c. 210, a. 28. Sec. 28. Hereafter payments to Indians made from moneys appro- .Judgments to In- priated by Congress m satisfaction of the judgment of any court "^^^^^ g^+g to b shall be made under the direction of the officers of the Interior Depart- madeby' Interior ment charged by law with the supervision of Indian Affairs, and all Department, such payments shall be accounted for to the Treasury in conformity Accounting, with law. 69 REPORT OF THE COMMITTEE. 1 vision of Indian affairs, and all such payments shall be ac- 2 counted for to the Treasury in conformity with law. [3 Mar., 3 1911, 36 Stat. L., 1077, c. 210, s. 28.J Proceeds of pas- 4 §£0. 86. The proceeds of all pasturage and sales of turage, etc., of In- ^ ± o dian reservations. 5 timber, coal, or other product of any Indian reservation, except r 6 those of the five civilized tribes^ and not the result of the 7 labor of any member of such tribe, shall be covered into the 8 Treasury for the benefit of such tribe under such regulations 9 as the Secretary of the Interior shall prescribe ; and the Sec- 10 retary is authorized to use such money for the benefit of the 11 several tribes on whose account said money was covered in, 12 in such way and for such purposes as in his discretion he may 13 think best, and shall make annually a detailed report thereof 14 to Congress. [3 Mar., 1883, 22 Stat L., 590, c. 141; 1 15 Supp., 416. 2 Mar., 1887, 24 Stat. L., 467, c. 320, s. 7; 16 1 Supp., 554.] Sale of timber on 17 Sec. 87. The mature living, and dead and down unallotted lands in " Indian reserva- of"^rocef^a^°''*'°° ^^ timber on unallotted lands of any Indian reservation may be 19 sold under regulations to be prescribed by the Secretary of the 20 Interior, and the proceeds from such sales shall be used for the 21 benefit of the Indians of the reservation in such manner as 22 he may direct : Provided, That this section shall not apply to 23 the States of Minnesota and Wisconsin. [25 June, 1910, 36 24 Stat. L., 857, c. 431, s. 7.J 70 EXISTING LAW. SEC. 86. Deficiency act of Mar. 3, 1883, 22 Stat. L., 590, c. 141: The proceeds of all pasturage and sales of timber, coal, or other Proceeds of In- product of any Indian reservation, except those of the five civilized ^^^^^ cOTered*into t^bes, and not the result of the labor oi any member of such tribe, Treasury, etc shall be covered into the Treasury for the l?enefit of such tribe under such regulations as the Secretary of the Interior shall prescribe ; and the Secretary shall report his action in detail to Congress at its next session. Indian appropriation act of Mar. 2, 1887, 24 Stat. L., 467, c. 320, s. 7: Sec. 7. That at any of the Indian reservations where there is now on Sales of property hand Government property not required for the use and benefit of the not used; proceeds. Indians at said reservations, the Secretary of the Interior is hereby authorized to move such property to other Indian reservations where it may be required, or to sell it and apply the proceeds of the same in the purchase of such articles as may be needed for the use of the In- dians for whom said property was purchased ; and he shall make re- port of his action hereunder to the next session of Congress thereafter. Approved, March 2, 1887. SEC. 87. CHAP. 431.— An Act To provide for determining the heirs of deceased Indians, for Ju'ne 25, 1910, 36 the disposition and sale of allotments of deceased Indians, for the leasing of allot- Stat, L., 857, c. 431, ments, and for other purposes. ' ' s. 7.- Sec. 7. That the mature hving, and dead and down timber on Sale of timber unaUotted lands of anv Indian reservation may be sold under regu- [n iSn rese^a- lations to be prescribed by the Secretary of the Interior, and the pro- tions; disposition ceeds from such sales shaU be used for the benefit of the Indians of of proceeds, the reservation in such manner as he may direct: Provided, That this section shaE not apply to the States of Minnesota and Wisconsin. 71 REPORT OF THE COMMITTEE. Investments o£ I g^Q gg j^n investments of stock, that are or maybe stock reqiured by ' "^ treaties. ~u\~s."!r Black- 2 required by treaties witb the Indians, shall be made under feather, 155 U. S., 180 3 the direction of the President; and special accounts of the 4 funds under such treaties shall be kept at the Treasury, and 5 statements thereof be annually laid before Congress. [E. S., 6 s. 2095.] Custody o£ cer- 7 g^c. 89. The Trcasurcr of the United States shall be tain Indian' trust funds. 8 thecustodianofallstocks, bonds, or other securities or evidences 9 of indebtedness that were held on- the tenth of June, eighteen 10 hundred and seventy-six, by the Secretary of the Interior in 11 trust for the benefit of certain Indian tribes, and it shall be the 12 duty of said Treasurer to collect all interest falling due on said 13 bonds, stocks, and evidences of indebtedness, and deposit 14 the same in the Treasury of the United States, and to issue 15 certificates of deposit therefor, in favor of the Secretary of 16 the Interior, as trustee for various Indian tribes. The Treas- 17 urer of the United States shall also become the custodian of 18 all bonds and stocks which may be purchased f6r the benefit 19 of any Indian tribe or tribes, and shall make all purchases 20 and sales of bonds and stocks authorized by treaty stipulations 21 or by Acts of Congress when requested so to do by the Secre- 22 tary of the Interior: Provided, That nothing in this section 23 shall in any manner impair or affect the supervisory and ap- 24 pellate powers and duties in regard to Indian affairs which 25, may now be vested in the Secretary of the Interior as trustee 72 EXISTING LAW. SEC. 88. , R. S., Sec. 2095. All investments of stock, that are m may he lavastmente of required by treaties with the Indians, shall be made under the di^^^-'^^^'^^P™**^ ''y tion of the President; and special accounts of the funds under such treaties shall be kept at the Treasury, and statements thereof be^ 3"^^fli'5^^^' 135' annually laid before Congress. ^' lo^fene.^isTCi c.l22,vol.l9,p.58'. SEC. 89. CHAP. 122. — ^An Act Tiansfenmg the custody of certain Indian trust funds. June 10, 1876, 19 Stat. L., 58, c. 122. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled, That all stocks, bonds, or Custody °i ^^- other securities or evidences of indebtedness now held by the Secrey °^^ *™^* funds, tary of the Interior in trust for the benefit of certain Indian tribes shall, within thirty days from the passage of this act, be transferred to the Treasurer oi the United States, who shall become the custodian thereof; and it shall be the duty of said Treasurer to collect all interest falling due on said bonds, stocks, &c., and deposit the same in the Treasury of the United States, and to issue certificates of de- fiosit therefor, in favor of the Secretary of the Interior, as trustees or various Indian tribes. And the Treasurer of the United States shall also become the custodian of all bonds and stocks which may be purchased for the benefii; of any Indian tribe or tribes after the transfer of funds herein authorized, and shall make all purchases Purctase and and sales of bonds and stocks authorized by treaty-stipmations or ^^t fif^^^ d i a n by acts of Congress when requested so to do by the Secretary of the Interior: Provmed, That nothing in this act shall in any manner Proviso. impair or affect the supervisory and appellate powers and duties in regard to Indian affairs which may now be vested in the Secretary of the Interior as trustee for various Indian tribes, except as to the custody of said bonds and the collection of interest thereon as here- inbefore mentioned. Approved, June 10, 1876. 73 REPORT OF THE COMMITTEE. 1 for various Indian tribes, except as to the custody of sa^id bonds 2 and the collection of interest thereon as hereinbefore men- 3 tioned. [10 June, 1876, 19 Stat. L., 58, c. 122 ; Supp., 105.J terior w^deposu ^ Sbc. 90. The Se^crctary of the Interior is authorized Indian trust funds in Treasury. g ^^ deposit, lu the TreasuiT of the United States, any and all 20 A. G. Op., 517. r f J 'J 6 sums which may be received by him as Secretary of the 7 Interior and trustee of various Indian tribes, on account of 8 the redemption of United States bonds or other stocks and 9 securities belonging to the Indian trust-fund, and all sums 10 received on account of sales of Indian trust lands, and the sales 11 of stocks purchased for temporary investment, whenever he 12 is 01 the opinion that the best interests of the Indians will be 13 promoted by such deposits, in lieu of investments ; and the 14 United States shall pay interest semi-annually, from the date 15 of deposit of any and all such sums in the United States 16 Treasury, at the rate per annmn stipulated by treaties or 17 prescribed by law, and such payments shall be made in the 18 usual manner, as each may become due, without further 19 appropriation by Congress. [1 Apr., 1880, 21 Stat. L., 70, 20 c. 41 ; 1 Supp., 279.] Annual state- 21 Seo. 91. The Secretary of the Interior shall cause to ment of accounts between United States and Indian 22 bc statcd auuual accouuts between the United States and each 23 tribe of Indians arising under appropriations heretofore 24 made, or hereafter to be made, which by law are required to 25 be reimbursed to the United States, crediting in said accounts 74 EXISTING LAW, SEC. 90. CHAP. 41. — An Act To authorize the Secretary of the Interior to deposit certain funds Apr. 1, 1880, 21 in the tTnited States Treasury in lieu of investment. Stat. L., 70, c. 41. Be it enacted iy the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the In- terior be, and he is hereby, authorized to deposit, in the Treasury of I j^ d 1 a n trust the United States, any and all sums now held by him, or which may -^gd in Trea^r^°^' hereafter be received by him, as Secretary of the Interior and trustee of various Indian tribes, on account oi the redemption of United States bonds, or other stocks and securities belonging to the Indian trust-fund, and all sums received on account of sales of Indian trust lands, and the sales of stocks lately purchased for temporary in- vestment, whenever he is of the opinion that the best interests of the Indians will be promoted by such deposits, in lieu of investments; and the United States shall pay interest semi-annually, from the Interest payable date of deposit of any and all such sums in the United States Treas- R^te^^ Manner ury, at the rate per annum stipulated by treaties or prescribed by Permanent law, and such payments shall be made in the usual manner, as each appropriation, may become due, without further appropriation by Congress. Approved, April 1, 1880. SEC. 91. Indian appropriation act of Apr. 4, 1910, 36 Stat. L., 270, c. 140. Hereafter the Secretary of the Interior shall cause to be stated Annual state- annual accounts between the United States and each tribe of Indians Xelccou^X''"'^^" ' arising under appropriations heretofore, herein, or hereafter to be made, which by law are required to be reimbursed to the United States, crediting in said accounts the sums so reimbursed, if any; and the Secretary of the Interior shall pay, out of any fund or funds belonging to such tribe or tribes of Indians applicable thereto and 15 REPORT OF THE COMMITTEE. 1 the sums so reimbursed, if any ; and he shall pay, out of any 2 fund or funds belonging to such tribe or tribes of Indians 3 applicable thereto and held by the United States in trust or 4 otherwise, all balances of accounts due to the United States 5 and not already reimbursed to the Treasury, and deposit 6 such sums in the Treasury as miscellaneous receipts; and such 7 accounts shall be received and examined by the proper auditor 8 of the Treasury Department and the balances arising thereon 9 certified to the Secretary of the Treasury. And annually, 10 on the first Monday in December, the Secretary of the 11 Interior shall transmit to the Speaker of the House of 12 Representatives a statement of the fiscal affairs of all 13 Indian tribes for whose benefit expenditures from either 14 public or tribal funds shall have been made by any 15 officer, clerk, or employee in the Interior Department 16 during the preceding fiscal year; and such statement shall 17 show (1) the total amount of all moneys, from whatever 18 source derived, standing to the credit of each tribe of Indians, 19 in trust or otherwise, at the close of such fiscal year; (2) an 20 analysis of such credits, by funds, showing how and when 21 they were created, whether by treaty stipulation, agreement, 22 or otherwise; (3) the total amount of disbursements from 28 public or trust funds made on account of each tribe of Indians 24 for such fiscal year ; and (4) an analysis of such disbursements 25 showing the amounts disbursed (a) for per capita payments 76 EXISTING LAW. held by the United States in trust or otherwise, all balances of Payment of bal- accounts due to the United States and not already reimbursed to the ^^'^^^ °"®- Treasury, and deposit such sums in the Treasury as miscellaneous receipts; and such accounts shall be received and. examined by the Accounting. proper auditor of the Treasury Department and the balances arising thereon certified to the Secretary of the Treasury: Provided, That Frovuo. hereafter the Secretary of the Interior shall transmit to Congress annu- Annual report of ally on the first Monday in December a cost account for the preceding cost of survey and fiscal year of all survey and allotment work on Indian reservations, allotment work. Indian appropriation act of Mar. 3, 1911, 36 Stat. L., 1077, e. 210, s. 27. Sec. 27. Annually, on the first Monday in December, the Secretary Annual state- of the Interior shall transmit to the Speaker of the House of Kepre- ^^g^^Jf ^^^g^P^^^^^f sentatives a statement of the fiscal affairs of aU Indian tribes for Indians for pre- whose benefit expenditures from either public or tribal funds shall ceding year, have been made by any officer, clerk, or employee in the Interior Details^ * Department during the preceding fiscal year; and such statement ^'^^/^jg shall show (1) the total amount of all moneys, from whatever source derived, standing to the credit of each tribe of Indians, in trust or otherwise, at the close of such fiscal year; (2) an analysis of such credits, by funds, showing how and when they were created, whether by treaty stipidation, agreement, or otherwise; (3) the total amount 01 disbursements from public or trust funds made on account of each Disbursements. tribe of Indians for such fiscal year; and (4) an analysis of such dis- Analysis, bursements showing the amounts disbursed (a) for per capita pay- ments in money to Indians, (b) for salaries or compensation of officers and employees, (c) for compensation of counsel and attorney's fees, and (d) for support and civilization. 77 REPORT OF THE COMMITTEE. 1 in money to Indians, (b) for salaries or compensation of 2 officers and employees, (c) for compensation of counsel and 3 attorney's fees, and (d) for support and civilization. [4 Apr., 4 1910, 36 Stat. L., 270, c. 140; 3 Mar., 1911, 36 Stat. L., 5 1077, c. 210, s. 27.] keSg°to*be°°i^- ^ ^^^- ^2- "^^6 Secretary of the Interior shall cause stalled in biireau. 7 a system of bookkeeping to be installed in the Bureau of 8 Indian Affairs, which will afford a ready analysis of expendi- 9 tures by appropriations and allotments and by units of the 10 service, showing for each class of work or activity carried on, 11 the expenditures for the operation of the service, for repairs 12 and preservation of property, for new and additional prop- 13 erty, salaries and wages of employees, and for other expendi- 14 tures. Provision shall be made by the. Secretary of the 15 Interior for further analysis of each of the foregoing classes 16 of expenditures, if, in his judgment, he shall deem it ad- 17 visable; and a detailed statement of such expenditures 18 shall be incorporated in the annual report of the Oommis- 19 sioner of Indian Affairs and transmitted by the Secretary 20 of the Interior to Congress on or before the first Monday in 21 December. [30 June, 1913, 38 Stat. L., 103, c. 4, s. 26.) Estimates to con- 22 Sec. 93. The estimates for appropriations for the statement. 23 Indian Service submitted by the Secretary of the Interior. 24 shall be accompanied' by a detailed statement, classified in 25 the manner prescribed in the preceding section, showing the 78 EXISTING LAW. SEC. 92. Indian appropriation act of June 30, 1913, 38 Stat. L., 103, c. 4, s. 26. Sec. 26. On or before the first day of July, nineteen hundred and System of book- fourteen, the Secretary of the Interior shall cause a system of book- stalFed in bureau.^' keeping to be installed in the Bureau of Indian Affairs, which will Details required, afford a ready analysis of expenditures by appropriations and allot- ments and by units of the service, showing for each class of work or activity carried on, the expenditures for the operation of the service, for repairs and preservation of property, for new and additional property, salaries and wages of employees, and for other expenditures, rrovision shall be made by the Secretary of the Interior for further analysis of each of the foregoing classes of expenditures, if, in his judgment, he shall deem it advisable. Annually, after July first, nineteen hundred and fourteen, a detailed Detailed etate- sta;tement of expenditures, as hereinbefore described, shall be incor- °^®^* ^'^ ^"^"-^^^ ''®" poratcd in the annual report of the Commissioner of Indian Affairs ^°^ ' and transmitted by the Secretary of the Interior to Congress on or before the first Monday in December. * * * [Next section for other part of this section.] SEC. 93. Indian appropriation act of June 30, 1913, 38 Stat. L., 103, c. 4, s. 26. * * * After July first, nineteen hundred and fourteen, the esti- Estimates to mates for appropriations for the Indian Service submitted by the contain classified Secretary oi the Interior, shall be accompanied by a detailed state- ^ * ^™^^ " ment, classified in the manner prescribed in the first paragraph of this section, showing the purposes for which the appropriations are required. Approved, June 30, 1913. 79 REPORT OF THE COMBIITTEE. 1 purposes for which the appropriations are required. [30 2 June, 1913, 38 Stat. L., 103, c. 4, s. 26.J se^^eTot chlTe^ ^ ^^^- ^^- ^^ P^^^ ^^ ^^® oxpeuses of the public land able to Indian ^^^^' 4 service shall be deducted from the proceeds of Indian lands 5 sold through the General Land Office, except as authorized 6 by the treaty or agreement providing for the disposition of 7 the lands. [4 July, 1884, 23 Stat. L., 98, c. 180, s. 10; 1 8 Supp., 451.] procJed8rfTand8°* ^ ^^^- ^^- ^hc Secretary of the Interior shall invest in 10 a manner w^hich shall be in his judgment most safe, and 11 beneficial for the fund, all moneys that may be received under 12 treaties containing stipulations for the payment to the In- 13 dians, annually, of interest upon the proceeds of the lands 14 ceded by them; an^ he shall make no investment of such 15 moneys, or of any portion, at a lovv^er rate of interest than 16 five per centum per annum. [E. S., s. 2096.] fundf^°aUotment ^^ ^®^- ^^- "^^^ Secretary of the Interior is hereby of, to individual iz'^ed^"^ ^^*''°'^" 18 authorized, in his discretion, from time to time, to designate 19 any individual Indian belonging to any tribe or tribes v^hom 20 he may deem to be capable of managing his or her affairs, 21 and he may cause to be apportioned and allotted to any ^uch 22 Indians his or her pro rata share of any tribal or trust funds 23 on deposit in the Treasury of the United States to the credit 24 of the tribe or tribes of which said Indian is a member, and 25 the amount so apportioned and allotted shall be placed to the 80 EXISTING LAW. SEC. 94. Indian appropriation act of July 4, 1884, 23 Stat. L., 98, c. 180, s. 10: Sec. 10. That no part of the expenses of the pubhc lands service Proceeds of sale shall be deducted from the proceeds of Indian lands sold through the of Indian lands, General Land Office, except as authorized by the treaty or agreement ^^^ to°* expenses .providing for the disposition of the lands. of public lands service. SEC. 95. R. S., Sec 2096. The Secretary of the Interior shall invest in a Investment of manner which shall be in his judgment most safe, and beneficial for proceeds of lands. the fund, all moneys that may be received under treaties containing 9Jan,,i837,c. l, stipulations for the payment to the Indians, annually, of interest s- 4, v. 5, p. 135. upon the proceeds of the lands ceded by them; and he shall make no investment of such moneys, or of any portion, at a lower rate of inter- est than five per centum per annum. SEC. 96. CHAP. 2523. — An Act Providing for the allotment and distribution of Indian tribal Mar. 2, 1907, 34 funds. Stat. L., 1221, s. 1. [Public, No. 182.] Be it enqcted hj the Senate and House oj Representatives oj the United States of America in Congress assembled, That the Secretary of the Indian tribal Interior is hereby authorized, in his discretion, from time to time, to ^'J'^^s allotment, designate any individual Indian belonging to any tribe or tribes whom to'^ individuaT In^ he may deem to be capable of managing his or her affairs, and he may dians. cause to be apportioned and allotted to any such Indian his or her pro rata share of^any tribal or trust funds on deposit in the Treasury of the United States to the credit of the tribe or tribes of which said Indian is a member, and the amount so apportioned and allotted shall be placed to the credit of such Indian upon the books of the Treasury, ana tl^e same shall thereupon be subject to the order of such Indian: ■'. Provided, That no apportionment or allotment shall be made to any Provisos. Indian until such Indian has first made an application therefor: Pro- Application. videdjurther, That the Secretaries of the Interior and of the Treasury . Payment of ex- are hereby directed to withhold from such apportionment and aUot- ^^*'"S claims. 81S39— 17 6 81 REPORT OF THE COMMITTEE. 1 credit of such Indian upon the books of the Treasury, and the 2 same shall thereupon be subject to the order of such Indian : 3 Provided, That no aj)portionment or allotment shall be made 4 to any Indian until such Indian has first made an application 5 therefor : Provided further, That the Secretaries of the 6 Interior and of the Treasury are directed to withhold from 7 such apportionment and allotment a sufiicient sum of the 8 said Indian funds as may be necessary or required to pay any 9 existing claims against said Indians that may be pending for 10 settlement by judicial determination in the Court of Claims 11' or in any Executive Department of the Glovernment, at the 12 time of such apportionment and allotment. [2 Mar,, 1907, 13 34 Stat. L., 1221, c. 2523, s. 1,] shSe^f iBcompl^ 14 Sec. 97. The pro rata share of any Indian who is men- tent Indians. 15 tally or physically incapable of managing his or her own 16 affairs may be withdrawn from the Treasury in the discretion 17 of the Secretary of the Interior and expended for the benefit 18 of such Indian under such rules, regulations, and coudi- 19 tions as the said Secretary may j)rescribe : Provided, That 20 said funds of any Indian shall not be withdrawn from the 21 Treasury until needed by the Indian and upon his api^lication 22 and when approved by the Secretary of the Interior. [2 Mar. , 28 1907, 34 Stat. L., 1221, c. 2523, s. 2. 18 May, 1916, 39 24 Stat. L., 128, c. 125.] 83 EXISTING LAW. ment a sufficient sum of the said Indian funds as may be necessary or required to pay any existing claims against said Indians that may be pending for settlement by judicial determination in the Court of Claims or in the Executive Departments of the Government, at time of such apportionment and allotment. SEC. 97. CHAP. 2523. — An Act Providing for the aUotment and distribution of Indian tribal Mar. 2, ]907, 34 funds. Stat. L., 1221, a. 2. Sec. 2. That the Secretary of the Interior is hereby authorized to Payment to help pay any Indian who is blind, crippled, decrepit, or helpless from old ^^^' ®*^-' Indians, age, disease, or accident, his or her share, or any portion thereof, of the tribal trust funds in the United States Treasury belonging to the tribe of which such Indian is a member, and of any other money which may hereafter be placed in the Treasury for the credit of such tribe and susceptible of division among its members, under such rules, regulations, and conditions as he may prescribe. Approved, March 2, 1907. Indian appropriation act of May 18, 1916, 39 Stat. L,, 128, c. 125: That section two of the Act approved March second, nineteen hun- Indian tribal dred and seven (Thirty-fourth Statutes at Large, page twelve hun- funds. dred and twenty-one), entitled "An Act providing for the allotment g^^°l^^^^' P- ^^^l. and distribution of Indian tribal funds, " be, and the same is hereby, amended so as to read as follows : "That the pro rata share of any Indian who is mentally or phys- Use of pro rau ically incapable of managing his or her own affairs may be withdrawn tenrindianr""^^" from the Treasury in the discretion of the Secretary of the Interior and 'expended for the benefit of such Indian under such rules, regu- laticiis, and conditions as the said Secretary may prescribe:" Pro- ^iPV^f- , vided, That said funds of any Indian shall not be withdrawn from the gt^;^^*^'^"^^'' '^^■ Treasm-y until needed by the Indian and upon his application and when approved by the Secretary of the Interior. 83 REPORT OF THE COMMITTEE. / indirnro^in^an ^ ^^^' ^^' -^^ agreement shall be made by any person tribea. In re Sanb^ 2 with any tribe of Indians, or individual Indians not citizens 148 U. S., 222; U. Fed.' Rep., 561; 3 of the .United States, for the payment or delivery of any Anheuser-B u s c h Brewing Ass'n v. 1 ° ° 653-^ Rollins ^ money or other thing of value, in present or in prospective, ?i. u!'s.,23Ct. CIb., 49^'462f"i5^'A°^! 5 or for the granting or procuring any privilege to him, or any Op., 350, 585- 17 18AX}. op.'a^il' 6 other person in consideration of services for said Indians rela- 181, 235, 498. 7 tive to their lands, or to any claims growing out of, or in 8 reference to, annuities, installments, or other moneys, claims, 9 demands, or thing, under laws or treaties with the United 10 States, or official acts of any officers thereof, or in any way 11 connected with or due from the United States, unless such 12 contract or agreement be executed and approved as follows : I 13 First. Such agreement shall be in writing, and a dupli- 14 cate of it delivered to each party. 15 Second. It shall be executed before a judge of a court of 16 record, and bear the approval of the Secretary of the Interior 17 and the Commissioner of Indian Affairs indorsed upon it. 18 Third. It shall contain the names of all parties in inter- 19 est, their residence and occupation; and if made with a tribe, 20 by their tribal authorities, the scope of authority and the rea- 21 son for exercising that authority, shall be given specifically. 22 Fourth. It shall state the time when and place where 23 made, the particular purpose for which made, the special 24 thing or things to be done under it, and, if for the collection 25 of money, the basis of the claim, the source from which it is 84 EXISTING LAW. SEC. 98. K. S., Sec. 2103. No' agreement shall be made by any person with Contracts with any tribe of Indians, or individual Indians not citizens of the United the Indians. States, for the payment or delivery of any money or other thing of 3 Mar., 1871, c. value, in present or in prospective, or for the granting or procuring any J^O, s. 3, v. 16, p. privilege to him, or any other person in consideration of services for gi May 1872 c said Indians relative to their lands, or to any claims growing out of, or 177, ss. l,'2, v. 'n, in reference to, annuities, installments, or other moneys, claims, de- p. 136. mands, or thing, under laws or treaties with the United States, or 29 April, 1874, c. official acts of any officers thereof, or in any way connected with or 3'j^aj ' 1375' c due from the United States, unless such contract or agreement be 132, s. 9,'v. 18,' p. executed and approved as follows : 450. First. Such agreement shall be in writing, and . a duplicate of it delivered to each party. Second. It shallbe executed before a judge of a court of record, and bear the approval of the Secretary of the Interior and the Commis- sioner of Indian Affairs indorsed upon it. Third. It shall contain the names of all parties in interest, their resi- dence and occupation; and if made with a tribe, by their tribal author- ities, the scope of authority and the reason for exercising that author- ity, shall be given specifically. Fourth. It shall state the time when and place where made, the par- ticular purpose for which made, the special thing or things to be done under it, and, if for the collection of money, the basis of the claim, the source from which it is to be collected, the disposition to be made of it when collected, the amount or rate per centum of the fee in all cases ; and if any contingent matter or condition constitutes a part of the contract or agreement, it shall be specifically set forth. Fifth. It shall have a fixed limited time to run, which shall be dis- tinctly stated. Sixth. The judge before whom such contract or agreement is exe- cuted shall certify officially the time when and place where such con- tract or agreement was executed, and that it was in his presence, and who are the interested parties thereto, as stated to him at the time; the parties present making the same ; the source and extent of author- ity claimed at the time by the contracting parties to make the con- tract or agreement, and whether made m person or by agent or attorney of either party or parties. All contracts or agreements made in violation of this section shall be , null and void, and all money or other thing of value paid to any per- son by any Indian or tribe, or any one else, for or on his or their behalf, on account of such services, in excess of the amount approved by the Commissioner and Secretary for such services, may be recov- ered by suit in the name of the United States in any court of the United States, regardless of the amount ia controversy; and one-half thereof shall be paid to the person suing for the same, and the other haK shall be paid into the Treasury for the use of the Indian or tribe by or for whom it was so paid. 85 REPORT OF THE COMMITTEE. 1 to be collected, the disposition to be made of it when collected, 2 the amount or rate per centum of the fee in all cases ; and if 3 any contingent matter or condition constitutes a part of the 4 contract or agreement, it shall be specifically set forth. 5 Fifth. It shall have a fixed limited time to run, which 6 shall be distinctly stated. 7 Sixth. The judge before whom such contract or agree- 8 ment is executed shall certify officially the time when and 9 place where such contract or agreement was executed, and 10 that it was in his presence, and who are the interested parties 11 thereto, as stated to him at the time; the parties present 12 making the same ; the source and extent of authority claimed 13 at the time by the contracting parties to make the contract 14 or agreement, and whether made in person or by agent or 15 attorney of either party or parties. 16 All contracts or agreements made in violation of this 17 section shall be null and void, and all money or other thing 18 of value paid to any person by any Indian or tribe, or any 19 one else, for or on his or their behalf, on account of such 20 services, in excess of the amount approved by the Oommis- 21 sioner and Secretary for such services, may be recovered by 22 suit in the name of the United States in any court of the 23 United States, regardless of the amount in controversy ; and 24 one-half thereof shall be paid to the person suing for the 25 same, and the other half shall be paid into the Treasury for EXISTING LAW. 87 REPORT OF THE COMMITTEE. 1 the use of the Indian or tribe by or for whom it was so paid. 2 [E. S., s. 2103.] conK'^^Jtefct- 3 Sec. 99. No money shall be paid to any agent or ed. 15 A. G. Op., 4 attorney by an officer of the United States under any such 585. 5 contract or agreement, other than the fees due him for services 6 rendered thereunder ; but the moneys due the tribe, Indian, 7 or Indians, as the case may be, shall be paid by the United 8 States, through its own officers or agents, to the party or 9 parties entitled thereto; and no money or thing shall be 10 paid to any person for services under such contract or agree- 11 ment, until such person shall have first filed with the Oom- 12 missioner of Indian Affairs a sworn statement, showing each 13 particular act of service under the contract, giving date and 14 fact in detail, and the Secretary of the Interior and Oommis- 15 sioner of Indian Affairs shall determine therefrom whether, 16 in their judgment, such contract or agreement has been com- 17 plied with or fulfilled ; if so, the same may be paid, and, if 18 not, it shall be paid in proportion to the services rendered 19 under the contract. [R. S., s. 2104.J ceiMnf ^ moneyB ^0 Sec. 100. The person so receiving such money con- from Indians un- S°^'^''^'^''°''" ^^ ^^^^y *^ ^^® provisions of the two sections last preceding, and 22 his aiders and abettors, shall, in addition to the forfeiture of 23 such sirni, be imprisoned not less than six months, and fined 24 not less than $1,000. It shall be the duty of all district 25 attorneys to prosecute all such cases brought to their notice, 26 and their failure and refusal to do so shall be ground for their 88 EXISTING LAW. SEC. 99. R. S., Sec. 2104. No money shall be paid to any agent or attorney Payments under by an officer of the United States under any such contract or ^g^^^-'^g^lJ^^'^^^ ^^' meat, other than the fees due him for services rendered thereunder; '■ but the moneys due the tribe, Indian, or Indians, as the case may be, 21 May, 1872, c. shall be paid by the United States, through its own officers or agents, ^gg' ^- ' ^' ' P" to the party or parties entitled thereto; and no money or thing shall 29 Apr., 1874, c. be paid to any person for services under such contract or agreement, 135, v. 18,' p. 35. untd such person shall have first filed with the Commissioner of Indian Affairs a sworn statement, showing each particular act of service under the contract, giving date and fact in detail, and the Secretary of the Interior and Commissioner of Indian Affairs shall determine therefrom whether, in their judgment, such contract or agreement has been complied with or fulfilled; if so, the same may be paid, and, if not, it shall be paid in proportion to the services rendered under the contract. SEC. 100. R. S., Sec. 2105. The person so receiving such money contrary to Penalty for re- the provisions of the two preceding sections, and his aiders and aWt- ^^^jvin^^^m o n e y a tors, shall, m addition to the forfeiture ol such sum, be punishable ^er prohibited con- by imprisonment for not less than six months, and by a fine of not tracts. less than one thousand dollars. And it shall be the duty of all ^ ^^^ i87rT district attorneys to prosecute such cases when applied to to do so, 120, s. 3,' v. 16,' p! and their failure and refusal shall be ground for their removal from 570! office. Any Indian agent, or other person in the employment of the United States, who shall, in violation of the provisions of the preceding section, advise, sanction, or in any way aid in the making of such contracts or agreements, or in making such payments as are here prohibited, shall, in addition to the punishment herein imposed on the person making such contract, or receiving such money, be, on conviction, dismissed from the service of the XJnited States, and be forever disqualified from, holding any office of profit' or trust under the same. 89 REPORT OF THE COMMITTEE. 1 removal from office. Any Indian agent, or other person in 2 the employment of the United States, who shall, in violation 3 of the provisions of the preceding section, advise, sanction, 4 or in any way aid in the making of such contracts or agree- 5 ments, or in making such pajnnents as are here prohibited, 6 shall, in addition to the punishment herein imposed on the 7 person making such contract, or receiving such money, be, 8 on conviction, dismissed from the service of the United States, 9 and be forever disqualified from holding any office of profit 10 or trust under the same. [E. S., s. 2105.J Assignments of n gEC. 101. No assignment of any contracts embraced by contractsre- ° •' '' stricted. Starr v. L^ 12 sectiou ninety -eight, or of any part of one shall be valid, Jim, 227 U.S., 613. 13 unless the names of the assignees and their residences and 14 occupations be entered in writing upon the contract, and the 15 consent of the Secretary of the Interior and the Oonmiissioner , 16 of Indian Affairs to such assigiinioiit l)c also indorsed thereon. 17 [II. S., s. 2106.] Moneys due in- 18 Sec. 102. The Secretary of the Interior is directed to competent or or- phan Indians. , ■ i i 19 cause settlements to be made with all persons appointed by 20 Indian councils to receive moneys due to incompetent or 21 orphan Indians, and to require all moneys found due to such 22 incompetent or orphan Indians to be returned to the Treasury ; 28 and all moneys so returned shall bear interest at the rate of 24 six per centum per annum, until paid by order of the Secretary 25 of the Interior to those entitled to the same. No money shall 26 be paid to any person appointed by anv Indian pmiTir.ni ^-^ 90 EXISTING LAW. SEC. 101. R. S., Sec. 2106. No assignment of any contracts embraced by Assignments of section twenty-one hmidred and three, or of any part of one shall be V-V j^°*^ ^ ®" Tahd, unless the names of the assignees and their residences and ^ "'^ ^ ' 'L- occupations be entered in writLng upon the contract, and the consent 21 May, 1872, c. of the Secretary of the Interior and the Commissioner of Indian j^^' ^- 2' "^^ ^^' P- Affairs to such assignment be also indorsed thereon. SEC. 102. R. S., Sec. 2108. The Secretary of the Interior is directed to cause Moneys due in- settlements to be made with all persons appointed by Indian councils competent or or- to receive moneys due to incompetent or orphan Indians, and to P ^^ -Indians. require all moneys found due to such incompetent or orphan Indians 5 July, 1862, c. to be returned to the Treasury; and aU moneys so returned shall 135, s. 6, v. 12, p. bear interest at the rate of six per centum per annum, until paid by ^'^'^^ order of the Secretary of the Interior to those entitled to the same. No money shaU be paid to any person appointed by any Indian council to receive moneys due to incompetent or orphan Indians, but the same shall remain in the Treasury of the United States until ordered to be paid by the Secretary to those entitled to receive the same, and shall be^r six per centum interest untU so paid. 91 REPORT OF THE COMMITTEE. 1 receive moneys due to incompetent or orphan Indians, but tlie 2 same shall remain in the Treasury of the United States until 3 ordered to be paid by the Secretary to those entitled to receive 4 the same, and shall bear six per centum interest until so paid. 5 [K S., s. 2108.] Number of In- 6 Sec. 103. Whenever the issue of food or clotMjig or sup- dians present and receiving food, etc., to be re- 7 pjies of any kind to Indians is provided for, it shall be the duty ported; how to -"^^ *' ^ '' distribute sup- P^^®^- 8 of the agent or commissioner issuing the same, at such issue 9 thereof, whether it be both food and clothing or either of 10 them, or of any kind of supplies, to report to the Commissioner 11 of Indian Affairs the number of Indians present and actually 12 receiving the same ; and it shall be the duty of each agent in 13 charge- of Indians and having supplies to distribute, to make 14 out, at the commencement of each fiscal year, rolls of the 15 Indians entitled to supplies at the agency, with the names of 16 the Indians and of the heads of families or lodges, with the 17 number in each family or lodge, and to give out supplies to the 18 heads of families, and not to the heads of tribes or bands, and 19 not to give out supplies for a greater length of time than one 20 week in advance: Provided, That the Commissioner of 21 Indian Affairs may, in his discretion, issue supplies for a 22 greater period than one week to such Indians as are peaceably 23 located upon their reservation and engaged in agriculture. 24 [R. 8., s. 2109. 3 Mar., 1875, 18 Stat. L., 449, c. 132, s. 4 ; 25 1 Supp., 79. 3 Mar., 1877, 19 Stat. L., 293, c. 101, s. 2.] 93 ' EXISTING LAW. SEC. 103. R. S., Sec. 2109. Whenever the issue of food, clothing, or supplies Number of In- of any kind to Indians is provided for, it shall be the duty of the agent '^^^".^ present and or commissioner issuing the same, at such issue thereof, whether it be etc^^^^f be °°e- both of food and clothing, or either of them, or of any kind of supplies, ported, to report to the Commissioner of Indian Affairs the number of Indians _ ~: present and actually receiving the same. 23g b 7 v 17 vv 463^64.' Indian appropriation act of Mar. 3, 1875, 18 Stat. L., 449, c. 132, s. 4. Sec. 4. That hereafter, for the purpose of properly distributing the I^olls of Indians supplies appropriated for the Indian service, it is hereby made the entitled to s u p - duty of each agent in charge of Indians and having supplies to dis- ^ ^^' tribute, to make out, at the commencement of each fiscal year, rolls of the Indians entitled to supplies at the agency, with the names of the Indians and of the heads of families or lodges, with the number in each family or lodge, and to give out supplies to the heads of families, and not to the heads of tribes or bands, and not to give out supplies for a greater length of time than one week in advance. Indian appropriation act of Mar. 3, 1877, 19 Stat. L., 293, c.lOl, s. 2. Sec. 2. That for the purpose of properly distributing the supplies Rolls of Indians appropriated for in this act, it is hereby made the duty of each agent in entitled to supplies charge of Indians, and having supplies to distribute, tp make out roUs ^* Supplies for one of the Indians entitled to supplies at the agency, with the names of the week. Indians and of the heads of families or lodges, with the number in each family or lodge, and to give out suppUes to the heads of families, and not to the heads of tribes or bands, and not to give out supplies for a freater length of time than one week in advance : Provided, however, Proviso. "hat the Commissioner of Indian Affairs may, in his discretion, issue supplies for a greater period than one week to such Indians as are peaceably located upon their reservation and engaged in agricidture : Provided, however. That no purchase of supphes exceeding in the ag- Proviso, gregate five hundred dollars in value at any one time shall be made without advertisement, except in case of exigency, when purchases may be made in open market in amount not exceeding three thousand dollars. 93 REPORT OF THE COMMITTEE. di^*'"'"' *°' ^'^ 1 Sec. 104. The President is authorized to cause such 2 rations as he deems proper, and as can be spared from the Army 3 provisions without injury to the service, to be issued, under 4 such regulations as he shall think fit to establish, to Indians 5 who may visit the military posts or agencies of the United 6 States on the frontiers, or in their respective nations ; and a 7 special account of these issues shall be kept and rendered. 8 [R. S., s. 2110.] ers^^Sng Mse ^ Sec. 105. Any dlsburslug or other officer pf the United vouchers. 1 Comp. Dec, 10 States, or other person who shall knowingly present, or 11 cause to be presented, any voucher, account, or claim to any 12 officer of the United States, for approval or payment, or for 13 the purpose of securing a credit in any account with the 14 United States, relating to any matter pertaining to the 15 Indian service, which shall contain any material misrepre- 16 sentation of fact in regard to the amount due or paid, the 17 name or character of the article furnished or received, or of 18 the service rendered, or to the date of purchase, delivery, or 19 performance of service, or in any other particular, shall not 20 be entitled to payment or credit for auy part of said voucher, 21 account, or claim; and if any such credit shall be given or 22 received, or payment made, the' United States may recharge 23 the same to the officer or person receiving the credit or pay- 24 ment, and recover the amount from either or from both, in 25 the same manner as other debts due the United States are 94 EXISTING LAAV. SEC. 104. R. S., Sec. 2110. The President is authorized to cause such rations Rations for In as he deems proper, and as can be spared from the Army provisions ^^^^^- without injury to the service, to be issued, under such regmations as 30 June, 1834, c. he shall think fit to establish, to Indians who may visit the military 162, s. 16, v. 4, p. posts or agencies of the United States on the frontiers, or in their ^^^■ respective nations ; and a special account of these issues shall be kept and rendered. SEC. 105. Indian appropriation act of July 4, 1884, 23 Stat. L., 97, c. 180, s. 8. Sec. 8. That any disbursing or other officer of the United States, or . Misrepresenta- other person, who shall knowingly present, or cause to be presented, tio" as to fact, etc., any voucher, account, or claim to any officer of the United States, for account or claim- approval or payment, or for the purpose of securing a credit in any penalty! account with the United States, relating to any matter pertaining to the Indian service, which shall contain any material misrepresentation of fact in regard to the amount due or paid, the name or character of the article furnished or received, or of the service rendered, or to the date of purchase, delivery, or performance of service, or in any other particular, shall not be entitled to payment or credit for any part of said voucher, account, or claim ; and if any such credit shall be given or received, or payment made, the United States may recharge the same to the officer or person receiving the credit or payment, and recover the amount from either or from both, in the same manner as other debts due the United S'tates are collected : Provided, That where an account Provisos. contains more than one voucher the foregoing shall apply only to such vouchers as contain the misrepresentation: Avd provided further, That the officers and persons by and between whom the business is trans- acted shall, in all civil actions in settlement of accounts, be presumed to know the facts in relation to the matter set forth in the voucher, ac- count, or claim: And provided further, That the foregoing shall be in addition to the penalties now prescribed by law, and in no way affect proceedings under existing law for fike offenses. That where practi- cable this section shall be printed on the blank forms of vouchers pro- vided for general use. < 95 REPORT OF THE COMMITTEE. 1 collected: Provided, That where an account contains more 2 than one voucher the foregoing shall apply only to such 3 vouchers as contain the misrepresentation: And 'provided 4 further, That the oflB.cers and persons by and between whom 5 the business is transacted shall, in all civil actions in settle- 6 ment of accounts, be presmned to know the facts in relation 7 to the matter set forth in the voucher, account, or claim: 8 And provided further, That the foregoing shall be in addi- 9 tion to the penalties prescribed by law, and in no way affect 10 proceedings under existing law for like offenses. Where 11 practicable this section shall be printed on the blank forms 12 of voucher^ provided for general use. [4 July, 1884, 23 13 Stat. L., 97, c. 180, s. 8; 1 Supp., 450.1 qJrelforusetbe ^^ ^^'^' ^^^- Wheuovor there is on hand at any Indian removed or sold. 15 reservation or school Government .property not required for 16 the use and benefit of the Indians on such reservation or 17 school, the Secretary of the Interior is authorized to cause 18 any such property to be transferred to any other Indian 19 reservation or school where it may be used advantageously, 20 or to cause it to be sold and the proceeds thereof dej^osited 21 and covered into the Treasury in conformity with section 22 thirty-six hundred and eighteen of the Revised Statutes of 23 the United States. [1 July, 1898, 30 Stat. L., 596, c. 545, 24 s. 6 ; 2 Supp., 874. 1 Mar., 1907, 34 Stat. L., 1016, c. 2285. 25 25 June, 1910, 36 Stat. L., 861, c. 431, s. 22.] 96 EXISTING LAW SEC. 106. Indian appropriation act of July 1, 1898, 30 Stat. L., 596, c. 545, s. 6. Sec. 6. That hereafter at any of the Indian reservations where there Transfer or sale is now on hand Government property not required for the use and °^ Government benefit of the Indians at said reservation, the Secretary of the Interior ^atFons^ ° auth^""' is hereby authorized to move such property to other Indian reserva- ized. °^' tions where it may be required, or to sell it and apply the proceeds of same in the purchase of such articles as may be needed for the use of the Indians for whom said property was purchased; and he shall make report of his action hereunder to the next session of Congress there- after. Indian appropriation act of Mar. 1, 1907, 34 Stat. L., 1016, c. 2285. That hereafter where there is Government property on hand at any Transfer of prop- of the Indian reservations or schools not required for the use or bene- ^'^^y ^°^ ^'^ "^e. fit of the Indians of said reservations or schools, the Secretary of the Interior is hereby authorized to move such property to other Indian reservations or schools where it may be required. CHAP. 431. — ^An Act To provide for determining the heirs of deceased Indians, for June 25 1910 the disposition and sale of allotments of deceased Indians, for the leasing of allot- 36 Stat. L. 86l' ments, and for other purposes. s. 22. Sec. 22. That section six of the Indian appropriation Act of July Surplus property first, eighteen hundred and ninety-eight, be, and it is hereby, on reservations. amended so as to read as follows: amended' ^ ^^^' "Sec. 6. That whenever there is on hand at any of the Indian . Transfers author- reservations government property not required for the use and benefit ^^®'^- of the Indians on such reservations, the Secretary of the Interior is authorized to cause any such property to be transferred to any other Indian reservation where it may be used advantageously, or to cause Proceeds from it to be sold and the proceeds thereof deposited and covered into the ?^^®^ ^° ^^ covered Treasury in conformity with section thirty-six hundred and eighteen ^'^^ g ^^^ og,g of the Revised Statutes of the United States." p. yis.' " ' 81839—17 7 97 REPORT OF THE COMMITTEE. Chapter Three. GOVERNMENT AND PROTECTION. Sec. 107. Sending seditious messages; penalty. 108. Carrying seditious messages; penalty. 109. Correspondence with foreign nations to excite Indians to war; penalty. 110. Superintendence over tribes removed west of the Mississippi. 111. Survey of Indian reservations. 112. Purchases or grants from Indians. 113. Driving stock to feed on Indian lands. I 114. Settling on or surveying lands belonging to Indians. 115. Suits by States relative to school lands within reservations, ale of hx States. 117. Sale of lands with buildings. 118. Penalties, how recovered. 119. Proceedings against goods. 120. Burden of proof. 121. Indians may avail themselves of home- stead laws. 122. No tribal rights to white men marrying Indian women. 123. Citizenship of Indian women marrying white men. 124. Evidence of marriage of white men with Indian women. 125. Children of white man and Indian woman. 126. Costs of contests by or against Indians. 127. Access to records of Five Civilized Tribes. Sending sedi- tious messages; penalty. Carrying . sedi- tious messages; penalty. 1 Sec. 107. Every person who sends any talk, speech, 2 message, or letter to any Indian nation, tribe, chief, or indi- 3 vidual, with an ifitent to produce a contravention or infrac- 4 tion of any treaty or law of the United States, or to disturb 5 the peace and tranquillity of the United States, is liable to a 6 penalty of $2,000. [R. S., s. 2111-.] 7 Sec. 108. Every person who carries or delivers any 8 talk, message, speech, or letter, intended to produce a con- 9 travention or infraction of any treaty or law of the United 10 States, or to disturb the peace or tranquillity of the United 11 States, knowing the contents thereof, to or from any Indian 12 nation tribe, chief, or individual, from or to any person or 13 persons whatever, residing within, the United States, or 14 from or to any subject, citizen, or agent of any foreign power 15 or state, is liable to a penalty of $1,000. [E. S., s. 2112.] 98 EXISTING LAW. SEC. 107. E,. S., Sec. 2111. Every person who sends any talk, speech, mes- Sending seditious sage, or letter to any Indian nation, tribe, chief, or individual, with messages; penalty. an intent to produce a contravention or infraction of any treaty or 30 June, 1834, c. law of the United States, or to disturb the peace and tranquillity of 161, s. 13, v. 4, p. the United States, is hable to a penalty of two thousand dollars. '^^^• SEC. 108. R. S.-, Sec. 2112. Every person who carries or deUvers any talk. Carrying sedi- message, speech, or letter, intended to produce a contravention or tio'is messages; infraction of any treaty or law of the United States, or to disturb ^^°^ ^' the peace or tranquillity of the United States, knowing the contents 30 June, 1834, c. thereof, to or from any Indian nation, tribe, chief, or individual, from i^j- ^- ^^' ^- *• P- or to any person or persons whatever, residing within the United State, or from or to any subject, citizen, or agent of any foreign power or state, is liable to a penalty of one thousand dollars. 99 REPORT OF THE COMMITTEE. Correspondence I ggQ^ 109. Everv persoii who cames on a correspond- with foreign na- J r r tions to excite In- tlty^ *° ™''' ^^'^' 2 ence, by letter or otherwise, with any foreign nation or power, 3 with an intent to induce such foreign nation or power to excite 4 any Indian nation, tribe, chief, or individual, to war against 5 the United States, or to the violation of any existing treaty; Ka che^'^Gl' Fed" ^ ^^ ^^^ alienatcs, or attempts to alienate, the confidence of any Rep., 429. 7 Indian or Indians from the Government of the United States, 8 is liable to a penalty of $1,000. [R. S., s. 2113.J overTribfsTe! 9 Sec. 110. The President is authorized to exercise gen- moved west of the ' ™i^^^ppi- ■ 10 eral superintendence and care over any tribe or nation which 11 was removed upon an exchange of territory under authority 12 of the Act of May twenty-eight, eighteen hundred and thirty, V s.^kTm^rco" 1^ "^^ provide for an exchange of lands with the Indians resid- 33 Fed. Rep., 900; iz5¥eA\^^'fi7. 14 ing in any of the States or Territories, and for their removal 15 west of the Mississippi ;" and to cause such tribe or nation to 16 be protected, at their new residence, against all interruption 17 or disturbance from any other tribe or nation of Indians, or 18 from any other person or persons whatever. [R. S., s. 2114.] res^ervItfoM.^''^'''" 19 Sec. 111. Whenever it bccomcs ueccssary to survey any 20 Indian or other reservation, or any lands, the same shall be 2 1 surveyed under the direction and control of the General Land- 22 Office, and as nearly as may be in conformity to the rules and 23 regulations under which other public lands are surveyed. 24 [R. S., s. 2115.] 100 EXISTING LAW. SEC. 109. E. S., Seo. 2113. Every person who carries on a correspondence, . Correspondence by letter or otherwise, with any foreign nation or power, with an in- ^^^^ to'exche In- tent to induce such foreign nation or power to excite any Indian na- jjans to war; pen- tion, tribe, chief, or individual, to war against the United States, or alty. to the violation of any existing treaty; or who alienates, or attempts 30 June 1834 c to ahenate, the confidence of any Indian or Indians from the Gov- ^g^ g 15' y 4 ' p_' emment of the United States, is liable to a penalty of one thousand 731. dollars. [See § 5335, R. S.] SEC. no. R. S., Sec. 2114. The President is authorized to exercise general General superin- superintendence and care over any tribe or nation which was removed pr^j^g^nt over upon an exchange of territory under authority of the act of May tribes removed twenty-eighth, eighteen hundred and thirty, " to provide for an ex- west of the Missis- change of lands with the Indians residing in any of the States or Ter- ^ipp^- ritories, and for their removal west of the Mississippi;" and to cause 28 May, 1830, c. such tribe or nation to be protected, at their new residence, against 148, ss. 7, 8, v. 4, p. all interruption or disturbance from any other tribe or nation of In- '^^^■ dians, or from any other person or persons whatever. SEC. 111. R. S., Sec. 2115. Whenever it becomes necessary to survey any Survey of Indian mdian or other reservations, or any lands, the same shall be sur- '•eservationa. veyed under the direction and control of the General Land-Office, 8 April, 1864, c. and as nearly as may be in conformity to the rules. and regulations 48, s. 6, v. 13, p. under which other pubhc lands are surveyed. ■*^- 101 REPORT OF THE COaiMITTEE. .rrSts''^'^^' from ^ ^^^- ^^^- ^^ purchase, grant, lease, or other convey- Indians. Johnson v. Mc- 2 ance of lands, or of any title or claim thereto, from any Indian Intosh, 8 ^ATieat, Bur'ciiam, 1 Black, 3 nation or tribe of Indians, shall be of any validity in law or 352; Mann v. Wil- ' J J son, 23 How., 457; 175 u s ^^^u^s' ^ e^l^ity, unless the same be made by treaty or convention r. Hunter, 21 Fed. 0p^'24l^i8^ A.' g! 5 entered into pursuant to the Constitution. Every person Op.', 238, 436, 487! 6 w^ho, not being employed under the authority of the United 7 States, attempts to negotiate such treaty or convention, 8 directly or indirectly, or to treat with any such nation or 9 tribe of Indians for the title or purchase of any lands by them 10 held or claimed, is liable to a penalty of $1,000. ' The agent 11 of any State who may be present at any treaty held with 12 Indians under authority of the United States, in the presence 13 and with the approbation of the Commissioner of the United 14 States appointed. to hold the same, may, however, propose to, 15 ^and adjust with, the Indians the compensation to be made 16 for their claim to lands within such State, which shall be 17 extinguished by treaty. [R. S., s. 2116.] fee^^^OT Indian 18 Sec. 113. Every person who drives or otherwise con- lands. 2 Saw "■ ^Hs^'fe "^^ ^'^y'^ ^^^y ^^°^^ ^^ horses, mules, or cattle, to range and feed Fed. Gas., 1208; fJ: "'■Bf^''^n5; 20 on any land belonging to any Indian or Indian tribe, without Forsythe v. U. S., u.^s.'^K Hunter!^i 21 the couseut of such tribe, is liable to a penalty of $1 for each Mackey, 531; 16 a! G. Op.', 91.' 22 animal of such stock. [E. S., s. 2117.] Settling on or sur- SltXiiant 23 Sec. 114. Every person who makes a settlement on Georgia, 6 Pet.,' 24 any lauds belonging, secured, or granted by treaty with the 515; Lattimer's Lessee v. Poteet, 14 Pet., 4; Fellows 25 United Statcs to any Indian tribe, or surveys, or attempts to V. Klacksmith, 19 •> • •> r How., 366; New 103 EXISTING LAAV. SEC. 118. R. S., Sec. 2116. No purchase, grant, lease, or other conveyance Purchases or, of lands, or of any title or clahn thereto, from any Indian nation or §^',^^g^ from In- trihe of Indians, shall be of any validity in law or equity, unless the —- — ^ ^^ same he made b}'' treaty or convention entered uito pursuant to the if.?^/,™^-' 4^*^-30' Constitution. Every person who, not being employed under the Johnson's Lessee autliorit-T of the United States, attempts to negotiate such treaty or i-.McIntosh,8\Mi., convention, directly or indirectly, or to treat \\ith any such nation 543. or tribe of Indians for the title or purchase of aJiv lands by them held or claimed, is hable to a penalty of one thousand dollars. The agent of ajiy State who maj- be present at any treaty held with Indiaiis under the authority of the United States, in the presence and with the approbation of the commissioner of the United States appointed to hold the same, may, however, propose to, and adjust with, the Indians the compensation to be made for their claim to lands within such State, which shall be extinguished bv treaty. SEC. 113. R. S., Sec. 2117. Every pei'son who drives or otherwise conveys Dri\-ing stivk to any stock of horses, mules, or cattle, to range and feed on any land [^ °° Indian belonging to any Indian or Indian tribe, without the consent of such tribe,ls hable to a pensdty of one dollar for each animal of such stock. ^^^'^ ^,\^°^-.^"^'i\'> ' "^ ' Ibl.s.y.v.-t p. ,30. SEC. 114. R. S., Sec. "2115. Every pereon who makes a settlement on any Settlintr on or lands belondng. secured" or granted by treaty with the United f^"[^^'^_yin?la>ld* States to any Indian tribe, or surveys or attempts to siu-vey such dTan^"v^jr^j^ ' lands, or to designate any of the boundaiios by mai-king trees, or — ' — 7^,^^- other^^-ise. is liable to a penalty of one thousand dollars. The Presi- lelf.iTv 4 0^:30 dent may, moreover, take sucli measures and employ such military —^^;^^^ — " ~- force as may judge necessary to remove any such person from the Qp,,^fJ;gpp"j,^5; lands. Clark r. Smith, 13 Pet.. 195: Latlimer r. Poteet. 14 Pet., 4: Lowry r. Weaver, 4 McLean. SJ. 103 REPORT OF THE COBIMITTEE. York V. Dibble, 21 1 survev such lands, or to designate any of the boundaries by- How., 366; U. S. V. Joseph, 94 U. S., 6i4;Libby^r. Clark, 2 marking trees, or otherwise, is liable to a penalty of $1,000. Pickering v. Lo- 310^' Tal^ior^' \ ^ The President may, moreover, take such, measures and em- Bro'wn, 147 U. S.^ Settlers, 148^X1. s, 4 ploy such military force as he may judge necessary to remove 427; Phineas-Pam- u. s,69i;ij.s.i). 5 any such persons from the lands. TR. S., s. 2118.1 Tkomas, 151 U. S., J r i. ' j 577; Lowry v. Weaver, 4 McLean, 82, 15 Fed. Caa., 1057; U. S. v. Payne, 22 Fed. Bep., 426; Smytbe v. Henry, 41 Fed. Rep., 705; Briggs v. Sample, 43 Fed. Rep., 102; U. S. v. Partello, 48 Fed. Rep., 670; Ross v. Eells, 56 Fed. Rep., 855; Caldwell v. Robinson, 59 Fed. Rep., 653; Robinson v. Caldwell, 67 Fed. Rep., 391; 14 A. G. Op., 568; 20 A. G. Op., 246. reilti^e to School ^ Sbc. 115. In any suit instituted in the Supreme Court lands within res- ervations. ^ ^^ ^^^ Uhltcd States to determine the right of a State to 8 what are commonly known as school lands within any Indian 9 reservation or any Indian cession where an Indian tribe 10 claims any right to or interest in the lands in controversy, or 11 in the disposition thereof by the United States, the right of 12 such State may be fully tested and determined without mak- 13 ing the Indian tribe, or any portion thereof, a party to the 14 suit if the Secretary of the Interior is made a party thereto ; 15 and the duty of representing and defending the right or 16 interest of the Indian tribe, or any portion thereof, in the 17 matter shall devolve upon the Attorney General upon the 18 request of such Secretary. [2 Mar., 1901, 31 Stat. L., 950, 19 c. 808;2 Supp., 1526.] be?o^n°-n'"to'^'tle ^^ ^^^' ^^^' '^^^ Sccrotary of the Interior is authorized United States. 21 to cause all such buildings belonging to the United States, 22 as have been, or hereafter shall be, erected for the use of their 23 agents, teachers," farmers, mechanics, and other persons em- 24 ployed among the Indians, to be sold whenever the lands on 104 EXISTING LAW. SEC. 116. CHAP. 808. — An Act Authorizing the Attorney General, upon the request of the Secre- March 2, 1901, tary of the Interior, to appear in suits brought by States relative to school lands. 31 Stat. L., 950. Be it enacted hy the Senate and House of Representatives of the United Public lands. States of America in Congress assembled, That in any suit heretofore or Secretary of the hereafter instituted in the Supreme Court of the United States to gub!tituteS7art^ determine the right of a State to what are commonly known as school jqj. ^indian^^^be's lands within any Indian reservation or any Indian cession where an in suits brought by Indian tribe c]^ims any right to or interest in the lands in controversy, States in the Su- or in the disposition thereof by the United States, the right of such P^'eme Court for State may be fuUy tested and determined without making the Indian in^fan reserva^ tribe, or any portion thereof, a party to the suit if the Secretary of the tions. Interior is made a party thereto; and the duty of representing and defending the right or interest of the Indian tribe, or any portion thereof, in the matter shall devolve upqn the Attorney-General upon the request of such Secretary. Approved, March 2, 1901. SEC. 116. E S Sec. 2122. The Secretary of the Interior is authorized to Sale of buildings cause all such buildings belonging to the United States, as have been, ^^'^^^'^^t-.^ *^^ or hereafter shall be, crectca for the use of their agents, teachers, _^L_? — farmers, mechanics, and other persons employea amongst the 3 March 1843 c. Indians, to be sold whenever the lands on which the same are erected ' ®' ' "^^ ^' P- °^^- have become the property of the United States, and are no longer necessary for such purposes. 105 REPORT or THE COMMITTEE. 1 which the same are erected have become the property of the 2 United States, and are no longer necessary for such purposes. 3 [R. S., s. 2122.] with buiidin ^""^^ ^ ^^^- ^^^- "^^^ Secretary of the Interior is authorized 5 to cause to be sold, at his discretion, with each of such buildings 6 as are mentioned in the preceding section, a quantity of land 7 not exceeding one section ; and on the payment of the con- 8 sideration agreed for into the Treasury of the United States 9' by the purchaser, the Secretary shall make, execute, and de- 10 liver to the purchaser a title in fee-^simple for such lands and 11 tenements. [E. S., s. 2123.] Penalties, how 12 Sec. 118. All penalties which shall accrue under this recovered. -^ ard!i7^Fed. Rey', 13 Title shall be sued for and recovered in an action in the nature 638; U.S. D.Payne, u. s. V. Stocking- 14 of an action of debt, in the name of the United States, before 87 Fed. Rep., 857. 15 any court having jurisdiction of the same, in any State or 16 Territory in which the defendant shall be arrested or found, 17 the one-half to the use of the informer a'hd the other half to 18 the use of the United States, except when the prosecution shall 19 be first instituted on behalf of the United States, in which 20 case the whole shall be to their use. [R, S., s. 2124.] agri^s°tgoodi'"^' 21 Sec. 119. When goods or other property shall be seized 544. ■ ■ " 22 for any violation of this Title, it shall be lawful for the person 23 prosecuting on behalf of the United States to proceed against 24 such goods, or other property, in the manner directed to be 25 observed in the case of goods, wares, or merchandise brought 106 % EXISTING LAW. SEC. 117. R. S., Sec. 2123. The Secretary of the Interior is authorized to Sale of lands cause to be sold, at his discretion, with each of such buildings as are with buildings. mentioned in the preceding section, a quantity of land not exceeding 3 March, 1843, c. one section ; and on the payment of the consideration agreed for into ''^' ^- ^' '^- ^' P- ^^^• the Treasury of the United States by the purchaser, the Secretary shall make, execute, and deUver to the purchaser a title in fee-simple for such lands and tenements. SEC. 118. R. S., Sec. 2124. All penalties which shall accrue under this Title Penalties, how shall be sued for and recovered in an action in the nature of an action recovered. of debt, in the name of the United States, before any court having 30 June, 1834, c. jurisdiction of the same, in any State or Territory in which the defend- J^^' ^- ^7, v. 4, p. ant shall be arrested or found, the one-half to the use of the informer and the other haK to the use of the United States, except when the prosecution shall be first instituted on behalf of the United States, in which case the whole shall be to their use. SEC. 119. R. S., Sec. 2125. When goods or other property shall be seized for Proceedings any violation of this Title, it shall be lawful for the person prosecuting against goods. on behalf of the United States to proceed against such goods, or other 30 June, 1834, c. property, in the manner directed to be observed in the case of goods, ^^^> ^- 28, v. 4, p. wares, or merchandise brought into the United States in violation of the revenue laws. 107 REPORT OF THE COMMITTEE. 1 into the United States in violation of the revenue laws. 2 [E. S., s. 2125.] Burden of proof. 3 gEC. 120. In all trials about the right of property in Felix V. Patrick, 36 Fed. Rep., 457. '^ which an Indian may be a party on one side, and a white 5 person on the other, the burden of proof shall rest upon the 6 white person, whenever the Indian shall make out a pre- 7 sumption of title in himself from the fact of previous possession 8 or ownership. [R. S., s. 2126.] av^'^'^themseWM ^ ^^^- ^^^- ^^^^ ludiaus as may have been located no of homestead laws. Starr v. Long 10 pubHc lands ou the fourth of July, eighteen hundred and Jim, 227 U. S., 613. 11 eighty-four, or as may have so located, or may so locate there- 12 after, under the direction of the Secretary of the Interior, or 13 otherwise, may avail themselves of the provisions of the 14 homestead, laws as fully and to the same extent as may be 15 done by citizens of the United States; but no fees or com- 16 missions shall be charged on account of said entries or proofs. 17 All patents therefor shall be of the legal effect, and declare 18 that the United States does and will hold the land thus en- 19 tered for the period of twenty-five years, in trust for the sole 20 use and benefit of the Indian by whom such entry shall have 21 been made, or, in case of his decease, of his widow and heirs 22 according to the laws of the State or Territory where such 23 land is located, and that at the expiration of said period the 24 United States will convey the same by patent to said Indian, 25 or his widow and heirs as aforesaid, in fee, discharged of said 108 EXISTING T.AW. SEC. 180. R. S., Sec. 2126. In aJl trials about the right of property m which Burden of proof. an Indian may be a party on one side, and a white person on the other, 30 June, 1834, c. the burden of proof shall rest upon the white person, whenever the 161, s. 22, v. 4, p. Indian shall make out a presumption of title in himself from the fact '^^^■ of previous possession or ownership. SEC. 121. Indian appropriation act of July 4, 1884, 23 Stat. L., 96, c. 180. That such Indians as may now be located on pubhc lands, or as may, Provisions of under the direction of the Secretary of the Interior, or otherwise, here- ^oioestead laws ,, 1 , ., ,, f J. ,■, '. . J! i.-u i, made applicable to alter, so locate may avail themselves oi the provisions oi the home- Indians etc. stead' laws as fully and to the same extent as may now be done by citi- zens of the United States; and to aid such Indians in making selec- tions of homesteads and the necessary proofs at the proper land ofloices, one thousand dollars, or so much thereof as may be necessary, is hereby appropriated ; but no fees or commissions shall be charged on account Fees and com- of said entries or proofs. AH patents therefor shall be of the legal missions for entries effect, a,nd declare that the United States does and will hold the land excluded, thus entered for the period of twenty-five years, in trust for the sole Lands to be held use and benefit of the Indian by whom such entry shall have been in trust, etc., by made, or, in case of his decease, of his widow and heirs according U. S. to the laws of the State or Territory where such land is located, and that at the expiration of said period the United States will convey the same by patent to said Indian, or his widow and heirs as aforesaid, in fee, discharged of said trust and free of all charge or incumbrance whatsoever. 109 REPORT OF THE COMMITTEE. 1 trust and free of all charge or incumbrance whatsoever. [4 2 July, 1884, 23 Stat. L., 96, c. 180; 1 Supp., 450.] No tribal rights 3 gj,c. 122. No whlte uian, not otherwise a member of to white men mar- ' rying Indian wo- ^!^^ 4 any tribe of Indians, who may hereafter marry an Indian McKnight v. V. S., 130 Fed. Rep., 659; Jacobs v. 5 woman, member of any Indian tribe in the United States, or Pnchard, 223 U. ' -^ ' S., 220. 6 any of its Territories (except the Fiye Civilized Tribes in the 7 State of Oklahoma) , shall by such marriage acquire any right 8 to any tribal property, privilege, or interest whatever to 9 which any member of such tribe is entitled. [9 Aug., 1888, 10 25 Stat. L., 392, c. 818, s. 1; Supp., 608.] indian^w^'om e n ^^ ^^*^- 1^3. Every Indian woman, member of any such marrying white ^^^ 12 tribe of Indians, who may be married to any citizen of the McKnight v. V. &., 130 Fed. Rep., 659. 13 United States after the ninth of August, eighteen hundred 14 and eighty-eight, is hereby declared to become by such mar- 15 riage a citizen of the United States, with all the rights, 16 privileges, and inmaunities of any such citizen, being a mar- 17 ried woman : Provided, That nothing in this or the section 18 last preceding shall impair or in any way affect the right or 19 title of such married woman to any tribal property or any 20 interest therein. [9 Aug., 1888, 25 Stat. L., 392, c. 818, s. 21 2; 1 Supp., 608.J iai^otwhitemen ^^ ^^^- ^^^- Whenever the marriage of any white man 23 with any Indian woman, a member of any such tribe of 24 Indians, is required or offered to be proved in any judicial 25 proceeding, evidence of the admission of such fact by the 110 riage of white men with Indian wo- EXISTING LAW. SEC. 128. CHAP. 818. — An Act In relation to marriage between white men and Indian women. Aug. 9, 1888, 25 Stat. L., 392, s. 1. Be it enacted iy the Senate and House of Representatives oftJie United States of America in Congress assembled, That no white man, not other- Indians, wise a member of any tribe of Indians, who may hereafter marry, an ^^'^f^dian 'wo- Indian woman, member of any Indian tribe in the United States, or men^not'to acquire any of its Territories except the five civihzed tribes ill the Indiantribal rights. Territory, shall by suph marriage hereafter acquire any right to any tribal property, privilege, or interest whatever to which any member of such tribe is entitled. SEC. 123. CHAP. 818. — ^An Act In relation to marriage between white men and Indian women. Aug. 9, 1888, 25 Stat. L., 392, s. 2. Sec. 2. That every Indian woman, member of any such tribe of Indian wonien Indians, who may hereafter be married to any citizen of the United marrying white States, is hereby declared to become by such marriage a citizen of the -^l^g ° ecome ci - United States, with all the rights, privileges, and immunities of any such citizen, being a married woman: Provided, That nothing in this Proviso. _ act contained shall impair or in any way affect the right or title of Tribal rights, such married woman to any tribal property- or any interest therein. ' SEC. 124. , CHAP. 818. — ^An Act In relation to marriage between white men and Indian women. Aug. 9, Stat. L., 392, s.'3.' Sec 3. That whenever the marriage of any white man with any Evidence of mar- Indian woman, a member of any such tribe of Indians, is required "^S^- or offered to be proved in any judicial proceeding, evidence of the admission of such fact by the party against whom the proceeding is had, or evidence of general repute, or of cohabitation ag married persons, or any other circumstantial or presumptive evidence from which the fact m.ay be inferred, shall be competent. Approved, August 9, 1888. Ill REPORT OF THE COM3tITTEE. 1 party against whom the proceeding is had, or evidence of 2 general repute, or of cohabitation as married persons, or any 3 other circumstantial or presumptive evidence from w^hich the 4 fact may be inferred, shall be competent. [9 Aug., 1888, 5 25 Stat. L., 392, c. 818, s. 3 ; 1 Supp., 608.] Children of 6 Sec. 125. All children born of a marriage solemnized white man and In- dian woman. McKnight v. u. ^ prioT to the Seventh of June, eighteen hundred and ninety- S., 130 Fed. Rep.,' 8 seven, between a white man and an Indian woman by blood 9 and not by adoption, where said Indian woman was on said 10 date, or at the time of her death, recognized by the tribe, 11 shall have the same rights and privileges to the property of 12 the tribe to which the mother belongs, or belonged at the 13 time of her death, by blood, as any other member of the tribe, 14 and no prior Act of Congress shall be so construed as to debar 15 such child of such right. [7 June, 1897, 30 Stat. L., 90, 16 c. 3; 2 Supp., 632.] by^of a^ih^fit 17 Sec. 126. The fees to be paid by and on behalf of the dians. 18 Indian party in contests initiated by or against them to any 19 entry, tiling, or other claims, under the laws of Congress 20 relating to public lands, shall be one-half of the fees provided 21 by law in such cases, and said fees shall be paid by the Com- 2 2 missioner of Indian Affairs, with the approval of the Secretary 23 of the Interior, on an account stated by the proper land 24 officers through the Commifeioner of the General Land 25 Office. [3 Mar., 1893, 27 Stat. L.", 631, c. 209 ; 2 Supp., 125.] 113 EXISTING LAW. SEC. 125. Indian appropriation act of June 7, 1897, 30 Stat. L., 90, c. 3. That all children born of a marriage heretofore solemnized between Children of a white man and an Indian woman by blood and not by adoption, marriage of white where said Indian woman is at this time, or was at the time of her Hghtrto trilTal' death, recognized by the tribe shall have the same rights and privi- property, etc. leges to the property of the tribe to which the mother belongs, or belonged at the time of her death, by blood, as any other member of the tribe, and no prior Act of Congress shall be construed as to debar such child of such right. SEC. 126. Indian appropriation act of Mar. 3, 1893, 27 Stat. L., 631, c. 209. To enable the Secretary of the Interior, in his discretion, to pay the Payment o: legal costs incurred by Indians in contests initiated br or s^ainst them, '^°f ^f °^_ ^^°*' ^.°^' to any entry, filing, or other claims, under the laws of Congress relating fnijiai^ °^ against to public lands, for any sufficient caiise affecting the legality or validity of the entry, filing or claim., five thousand dollars: Provided, Proi-iso. That the fees to be paid by and on behalf of the Indian party in any O^e-half fees, case shall be one-half of the fees provided by law in such cases, and ' "^^oun . said fees shall be paid by the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, on an account stated by the proper land officers throu^ the Commissioner of the General Land Office. In all States and Territories where there are reservations or p. . allotted Indians the United States District Attorney shall represent ^ej-g ^^^^ represent them in all suits at law and in equity. Indians. [Note.- — ^Pirst part of t.Tiia paragraph is an appropriation and is omitted. The last sentence deals with duties of district attorneys and properly comes under the Judiciary- Title embraced in the proposed Judicial Code, Part Two.] SaSGO— 17 S 113 ords of Five Civ- ilized Tribes. REPORT OF THE COMMITTEE. tsTn^e at 1 Sec. 127. The Secretary of the Interior, or his ac- 2 credited representative, shall at all times have access to any 3 books and records of the Choctaw, Chickasaw, Cherokee, 4 Creek, and Seminole tribes, whether in possession of any of 5 the officers of either of said tribes, 6r of any officer or custodian, 6 thereof of the State of Oklahoma. [1 Mar., 1907, 34 Stat. L., 7 1027, c. 2285.J 114 EXISTING LAW. SEC. 127. Indian appropriation act of Mar. 1, 1907, 34 Stat. L., 1027, c. 2285. That the Secretary of the Interior, or his accredited representative, Access to rec- shall at all times have access to any books and records of the Choctaw, °™^- Chickasaw, Cherokee, Creek, and Seminole tribes, whether in posses- sion of any of the oflacers of either of said tribes or any officer or custo- dian thereof, of the future State of Oklahoma. 115 IIKPORT OF THE COMMITTEE. Chapter Four. GOVERNMENT OF INDIAN COUNTRY. Sec. 128. 129. 130. Sale of cattle belonging to Indians. Sales to citizens prohibited. Indians may be allowed to cut dead timber. 131. Dead timber on reservations in Minnesota. 132. Traders on Indian reservations; permits. 133. Prohibition of trade with Indians. 134. Penalty for residing in Indian country as trader without license. 135. Commissioners not to enter Indian coun- try without passport. 136. Purchases and sales prohibited. 137. Selling arms and ammunition. 138. Hunting on Indian lands prohibited. 139. Penalty for removing cattle from Indian country. 140. Sale of intoxicating liquor to Indians forbidden. 141. Powers of agents, etc., to search for con- cealed liquors. 142. Sales of liquors by soldiers, etc., to Indians. 143. Penalty for manufacturing ardent spirits, etc., in Indian country. Sec. 144. 145. 146. 147. Assaults in the Indian country. Arson in the Indian country. Forgery and mail depredations. General laws as to punishment of crimes extended to Indian country. 148. Exceptions to the operations of the pre- ceding sections. 149. Removal of persons from Indian country. 150. Penalty for return. 151. Removal from reservations. Segregation of Indians with contagious diseases. Piirposes for which military forces may be employed. . Detention of persons so arrested. 155. Arrest of absconding Indians, etc. 156. Records of arrests, etc. 157. Employment of posse comitatus. 158. Reparation for injuries to property. 159. Payment where the offender is .unable to pay. 152. 153. 154. Sale of cattle belonging to In- dians. . Am. Fur Co. v. U. S., 2 Pet., 358; Bates V. Clark, 95 U. S., 204; Ex parte Crow Dog, 109 U. S., 556; IT. S., V. Le Bris, 121 TJ. S., 278; In re Carr, 3 Sawy., 316, 5 Fed. Cas., 115; U. S. •«. Seve- loff, 2 Sawy,, 311, 27 Fed. Cas., 1021; U. S. V. Leathers, 6 Sawy., 17, 26 Fed. Cas.,897;U.S.'y.To- bacco Factory, 28 Fed. Cas., 195; Wa- ters V. Campbell, 4 Sawy., 121, 29 Fed. Cas., 411; U. S. v. Bridleman, 7 Fed. Rep., 894; U. S. v. Payne,8Fed.Rep., 883; Forty-three Gallons Brandy, 11 351; U.S.I). Nelson, 33 Fed. Rep., 900; 19 A. G. Op., 585. 1 Sec. 128. The agent of each tribe of Indians, lawfully 2 residing in the Indian country, is authorized to sell for the 3 benefit of such Indians any cattle, horses, or other live stock 4 belonging to the Indians, and not required for their use and 5 subsistence, under such regulations as shall be established by 6 the Secretary of the Interior. But no such sale shall be made 7 so as to interfere with the execution of any order lawfully 8 issued by the Secretary of War, connected with the move- 9 ment or subsistence of troops. [R. S., s. 2127.] Fed. Rep., 47; U. S. v. Martin, 14 Fed. Rep., 821; Kie v. U. S., 27 Fed. Rep., 29 Fed. Rep., 202; In re SahQuah, 31 Fed. Rep., 327; Cherokee Nation v. U. S., Benson v. U. S., 44 Fed. Rep., 18; McKnight v. U. S., 130 Fed. Rep., 659; 116 EXISTING LAW SEC. 128. E,. S., Sec. 2127. The agent of each tribe of Indians, lawfully Sale of cattle, residing in the Indian country, is authorized to sell for the benefit of f^^-' °^^^^ Indians such Indians any cattle, horses, or other hve stock belonging to the "^^^^^ ■ Indians, and not required for their use and subsistence, under such 3 Mar., 1865, c. regulations as shall be established by the Secretary of the Interior, ggg' ®- ^' "^- ^^' P- But no such sale shall be made so as to interfere with the execution of any order lawfully issued by the Secretary of War, connected with the movement or subsistence of troops. lit REPORT OF THE COMMITTEE. prohibited '"'^'^^''^ 1 ^^^- ^^^- Where Indians are in possession or control s., 130 pld. Rep.; 2 of cattle or their increase which have been purchased by the 659 3 Government such cattle shall not be sold to any person not a 4 member of the tribe to which the owners of the cattle belong, 5 or to any citizen of the United States, whether intermarried 6 with the Indians or not, except with the consent in writing 7 of the agent of the tribe to which the owner or possessor of 8 the cattle belongs. All sales made in violation of this pro- 9 vision shall be void and the offending purchaser shall be fined 10 not less than $500 and imprisoned not less than six months. 11 [4 July, 1884, 23 Stat L., 94, c. 180; 1 Supp., 450.] Indians may be 12 Sec. 130. The President may from year to year, in his allowed to cut dead ■ ^ ^ j ■> timber. Pine River Log- 13 discrction, undor such regulations as he may prescribe, au- ging Co. V. U. S., 186 U. S., 279; . u, s. V. Pine River 14 thorizo the indiaus residing on reservations or allotments, the Logging and Imp. Co., 89 Fed. Rep., 907. 15 fee to which remains in the United States, to fell, cut, re- 16 move, sell or otherwise dispose of the dead timber standing 17 or fallen, on such reservation or allotment for the sole benefit 18 of such Indian or Indians. But whenever there is reasonable 19 cause to believe that such timber has been killed, burned, 20 girdled, or otherwise injured for the purpose of securing its 21 sale under this section, then in that case such authority shall 22 not be granted. [16 Feb., 1889, 25 Stat. L., 673, c. 172; 23 1 Supp., 645.] BMvaVot^"' in 24 Sec. 131. The Secretary of the Interior may, in his reservations in Minnesota 25 discretion, from year to year, under such regulations as he 118 EXISTING LAW. SEC. 129. Indian appropriation act of July 4, 1884, 23 Stat. L., 94, c. 180. That where Indians are in possession or control of cattle or their Sale of cattle, increase which have been purchased by the Government such cattle conditions of; pen- shall not be sold to any person not a member of the tribe to which the o}*^rms^fTrk ™ owners of the cattle belong or to any citizen of the United States whether intermarried with the Indians or not except with the consent in writing of the agent of the tribe to which the owner or possessor of the cattle belongs. And all sales made in violation of this provision shall be void and the offending purchaser on conviction thereof shall be fined not less than five hundred dollars and imprisoned not less than six months. SEC. 130. CHAP. 172. — ^An Act In relation to dead and fallen timber on Indian lands. Feb. 16, 1889, 25 Stat. L., 673. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the Indian lands. United States may from year to year, in his discretion, under such regulations as he may prescribe, authorize the Indians residing on reservations or allotments, the fee to which remains in the United States, to fell, cut, remove, sell or otherwise dispose of the dead timber standing or fallen, on such reservation or allotment for the Disposal of dead sole benefit of such Indian or Indians. But whenever there is reason- ^^^ fallen timber, able cause to beheve that such timber has been killed, burned, girdled, or otherwise injured for the purpose of securing its sale under this Act, then in that case such authority shall not be granted. Approved, February 16, 1889. SEC. 131. Indian appropriation act of June 7, 1897, 30 Stat. L., 90, c. 3. The Secretary of the Interior may in his discretion, from year to . Indian reserva- year, tuider such regulations as he may prescribe, authorize the In- *^°^' Mmnesote. 119 REPORT OF THE COMMITTEE. 1 may prescribe, authorize the Indians residing on any Indian 2 reservation in the State of Minnesota, whether the same has 3 been allotted in severalty or is still unallotted, to fell, cut, re- 4 move, sell, or otherwise dispose of the dead timber, standing or 5 fallen, on such reservation or any part thereof, for the sole ben- 6 efitofsuch Indians ; and he may also in like manner authorize 7 the Chippewa Indians ot Minnesota who have any interest 8 or right in the proceeds derived from the sales of ceded Indian 9 lands or the timber growing thereon, whereof the fee is still 10 in the United States, to fell, cut, remove, sell, or otherwise 11 dispose of the dead timber, standing or fallen on such ceded 12 land. But whenever there is reason to believe that such dead 13 timber in either case has been killed, burned, girdled, or other- 14 wise injured for the purpose of securing its sale under this 15 section, then in that case such authority shall not be granted. 16 [7 June, 1897, 30 Stat. L., 90, c. 3 ;- 2 Supp., 632.] 17 Sec. 132. Any person desiring to trade with the Indians 18 on any Indian reservation shall,' upon establishing the fact 19 to the satisfaction of the Commissioner of Indian Affairs that Traders on In- 20 he Is^ proper person to engage in such trade, be permitted to dian reservations; ^ •-' > ± ^ permits. 21 do so under such rules and regulations as the Commissioner of 22 Indian Affairs may prescribe for the protection of said Indians. 23 [15 Aug., 1876, 19 Stat. L., 200, c. 289, s. 5; 1 Supp., 121. 24 3 Mar., 1903, 32 Stat. L., 1009, c. 994, s. 10.] 130 EXISTING LAW. * « dians residing on any Indian reservation in the State of Minnesota, whether the same has been allotted in severalty or is s^ill unallotted, to fell, cut, remove, sell or otherwise dispose of the dead timber, standing or fallen, on such reservation or any part thereof, for the sole benefit . Disposal of dead of such Indians ; and he may also in like manner authorize the Chip- "chippewas. pewa Indians of Minnesota who have any interest or right in the pro- ceeds derived from the sales of ceded Indian lands or the timber growing thereon, whereof the fee is still in the United States, to fell, cut, remove, sell or otherwise dispose of the dead timber, standing or fallen, on such ceded land. But whenever there is reason to beheve that such dead timber in either case has been killed, burned, girdled, or otherwise injiu-ed for the purpose of securing its sale under this Act, then in that case such authority shall not oe granted. SEC. 13?. Indian appropriation act of Aug. 15, 1876, 19 Stat. L., 200, c. 289, s. 5. Sec. 5. And hereafter the Commissioner of Indian Affairs shall Appointment have the sole power and authority to appomt Traders to the Indian and regulation of tribes and to make such rules and regulations as he may deem just traders. and proper specifying the kind and quantity of goods and the prices at which such goods shall be sold to the Indians. Indian appropriation act of Mar. 3, 1903, 32 Stat. L., 982, c. 994, s. 10. Sec. 10. That that portion of the Act of Congress approved March third, nineteen himdred and one (Thirty-first Statutes, page one hundred and sixty-five), entitled "An Act making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June thirtieth, nineteen hundred and two, and for other purposes," which reads as follows: "That on and after July first, nineteen hundred and one, any person desiring to trade with the Indians on said reservation shall, upon estabMshing the fact to the satisfaction of the Commissioner of Indian Affairs that he is a proper person to engage in such trade, be permitted to do so under such rules and regulations as the Commissioner of Indian Affairs may prescribe for the protection of said Indians, " is hereby amended and extended -so as to apply to all Indian reservations. 121 REPORT OF THE COMBHTTEE. traSthindians* 1 ^^^- ^^^- "^^^ President is authorized, whenever in ' ■ ^' ■ 2 his opinion the public interest may require the same, to 3 prohibit the introduction of goods, or of any particular article. 4 into the country belonging to any Indian tribe, and to direct 5 all licenses to trade with such tribe to be revoked, and all 6 applications therefor to be rejected. No trader to any other. 7 tribe shall, so long as such prohibition may continue, trade 8 with any Indians of or for the tribe against which such pro- 9 hibition is issued. [E. S., s. 2132.] slilT^il Indian 1^ Sec. 134. Any person other than an Indian of the country as trader without license. -^-^ ^^^^ blood who shall attempt to reside in the Indian country, U. S. V. Forty- , ^ -^ ' eight Pounds Tea, fb ^38F^d^ E,f ^' ^^ ^^ °^ ^^y Indian reservation, as a trader, or to introduce 400; 20 A. G. Op!^ ^^^- 13 goods, or to trade therein, without such license, shall forfeit 14 all merchandise offered for sale to the Indians or found in 15 his possession, and shall moreover be liable to a penalty of 16 $500: Provided, That this section shall not apply to any 17 person residing among or trading with the Choctaws, Chero- 18 kees, Ohickasaws, Creeks, or Seminoles, commonly called 19 the five civilized tribes, residing in said Indian country, 20 and belonging to the |Union Agency therein. No white 21 person shall be employed as a clerk by any Indian trader, 22 except such as trade with said five civilized tribes, unless 23 first licensed so to do by the Commissioner of Indian Affairs, 24 under and in conformity to regulations to be established by 123 EXISTING LAW. SEC. 133. R. S., Sec. 2132. The President is authorized, whenever in his Prohibition of opinion the pubHc interest may require the same, to prohibit the^J^^^^^^^^^'^^^' introduction of goods, or of any particular article, into tjie country '■ belonging to any Indian tribe, and to direct aU licenses to trade with 30 June, 1834. c. such tribe to be revoked, and all applications therefor to be rejected. ^^^' ^- ^' No trader to any other tribe shall, so long as such prohibition may continue, trade witji any Indians of or for the tribe against which such prohibition is issued. V. 4, p. SEC. 134. R. S., Sec. 2133. Any person other than an Indian who shall. Penalty for trad- attempt to reside in the Indian coimtry as a trader, or to introduce '°S without a li- goods, or to trade therein without such license, shall forfeit aU mer- ^^'"^' chandise offered for sale to the Indians, or found in his possession, 30 June, 1834, c. and shall moreover be liable to a penalty of five hundred dollars. l-h ^- ^< ^- ■*> P- 161, 729. CHAP. 360. — ^An Act To amend section twenty-one hundred and thirty-three of the July 31, 1882. Bevlsed Statutes in relation to Indian traders. 22 Stji f T T VQ Be it enacted by the Senate and House oi Representatives of the United States oi America in Congress assembled, That section twenty-one R. s., 2133, 372, hundred and thirty- three of the Revised Statutes of the United amended. States be, and the same is hereby, amended so that it shall read: "Any person other than an Indian of the full blood who shall Indian traders, attempt to reside in the Indian country, or on any Indian reserva- tion, as a trader, or to introduce goods, or to trade therein, without such license, shall forfeit all merchandise offered for sale to the In- dians or foimd in his possession, and shall moreover be liable to a penalty of five hundred dollars: Provided, That this section shall not Provisos. apply to any person residing among or trading with the Choctaws, Cnerokees, Chickasaws, Creeks, or Seminoles, commonly called the five civilized tribes, residing in said Indian country, and belonging to the Union Agency therein: And provided further , That no white person shall be employed as a clerk by any Indian trader, except such as trade with said five civilized tribes, unless first licensed so to do by the Commissioner of Indian Affairs, under and in conformity to regu- lations to be established by the Secretary of the Interior." Approved, July 31, 1882. 133 REPORT OF THE COBI3IITTEE. 1 the Secretary of the Interior, [E. S., s. 2133. 31 July, 2 1882, 22 Stat. L., 179, c. 360; 1 Supp., 362.] Commissioners 3 g5jQ_ 135. Evcry foreigner who shall go into the not to enter In- ./ o u dian country with- out passport. ^ Indian country without a passport from the Department of 18A. G.Op. 555. 5 the Interior, agent, or sub-agent of Indian affairs, or officer 6 of the United States commanding the nearest military post 7 on the frontiers, or who shall remain intentionally therein 8 after the expiration of such passport, shall be liable to a 9 penalty of $1,000. Every such passport shall express the 10 object of such person, the time he is allowed to remain, and 11 the route he is to travel. [E. S., s. 2134.] Purchaaes and ^2 Sec. 136. Evcrv person other than an Indian, who, sales prohibited. •/ ± m^', vFed^Rept 13 witMn the Indian country, purchases or receives of any 894. 14 Indian, in the way of barter, trade, or pledge,'a gun, trap, 15 or other article commonly used in hunting, any instrument 16 of husbandry, or cooking utensils of the kind commonly ob- 17 tained by the Indians in their intercourse with the white 18 people, or any article of clothing, except skins or furs, shall 19 be liable to a penalty of $50. [El. S., s. 2135.J amm^^tio™"'''"^ 20 Sec. 137. If any trader, his agent, or any person acting 21 for or under him, shall sell any arms or ammunition at his 22 trading-post or other place within any district or country 23 occupied by uncivilized or hostile Indians, contrary to the 24 rules and regulations of the Secretary of the Interior, such 25 trader shall forfeit his right to trade with the Indians, and 134 EXISTING LAW. SEC. 135. R. S., Sec. 2134. Every foreigner who shall go into the Indian Penalty upon country without a passport from the Department of the Interior, j^^^®'^ m^Sv superintendent, agent, or subagent of Indian affairs, or officer of the ,^th«ut passports. United States commanding the nearest military post on the frontiers, or who shall remain intentionally thereia after the expiration of such ^^ ^Y^^' l^^t'on' passport, shall be hable to a penalty of one thousand dollars. Every ' ^' ' ^' ' P' ' such passport shall express the object of such person, the time he is allowed to remain, and the route he is to travel. SEC. 136. R. S., Sec. 2135. Every person, other than^in Indian, who, within Prohibited pur- the Indian country, purchases or receives of any Indian, in the way chases and sales. of barter, trade, or pledge, a gun, trap, or other article commonly 30 June, 1834, c. used in hunting, any instrument of husbandry, or cooking utensils of 161, s. 7, v. 4, p.730. the kind commonly obtained by the Indians in their intercourse with the white people, or any article of clothing, except skms or furs, shall be liable to a penalty of fifty dollars. SEC. 137. R. S., Sec 2136. If any trader, his agent, or any person acting for . Trading or sell- er under him, shall sell any arms or ammunition at his trading-post ^^S dStnc^'occTr or other place within any district or country occupied by uncivilized pi|^ ^jy yj^civi- or hostUe Indians, contrary to the rules and regulations of the Secre- Hzed or hostile tary of the Interior, such trader shall forfeit his right to trade with Indians. the Indians, and the Secretary shall exclude such trader, and the -^4 pg^,^ j^gyg^ ^ agent, or other person so offending, from the district or country so I38,s.l,v.l7,p.459'. occupied. 135 REPORT OF THE COMMITTEE. 1 the Secretary shall exclude such trader, and the agent, or 2 other person so offending, from the district or country so 3 occupied. [K S., s. 2136.] diSi™fands°'^ TO- '^ ^^^- ^^^- Every person, other than an Indian, who, hibited. u. s. V. stur- 5 within the limits of any tribe with whom the United States geon, 6 Sawy., 29; 27 Fed. Gas., 1357; 18 A. G. Op., 555. 6 has existing treaties, hunts, or traps, or takes and destroys Clairmont v. & ' ' jr ' .; U. S., 557. 7 any peltries or game, except for subsistence in the Indian 8 country, shall forfeit all the traps, guns, and ammunition in 9 his possession, used or procured to be used for that purpose, 10 and all peltries so taken ; and shall be liable in addition to 11 a penalty of $500. [R. S., s. 2137.] mOTln^^clttie&om ^^ ^^^- ^^^' ^^^ry pcrsou who drives or. removes, except Indian country. i McKnight V. u. 13 by authority of an order lawfully issued by the Secretary of 659. 14 War, connected with the movement or subsistence of troops, * 15 any cattle, horses, or other stock from the Indian' country 16 for the purposes of trade or commerce, shall be fined not 17 more than $5,000, or imprisoned not more than three years, 18 or both. [E. S., s. 2138.] eating uqioT°t 19 Sec. 140. Any person who shall sell, give away, dis- Indians forbidden. Farreii v. u. s., 20 posc of, oxchauge. Or barter any malt, spirituous, or vinous no U. S., 942; ./ ' i J Mulligan v. U. S., ifs°?u' s^' % ^'^ liquor, including beer, ale, and wine, or any ardent or other U. S.', 570; Matter fssTiutton^'. u. ^^ intoxicating liquor of any kind whatsoever, or any essence, S., 215 U. S., 291; 316^,^ 5*Fed. cIs.',' 23 cxtract, bitters, preparation, compound, composition, or anv 115; U. S. V. Dow- ' '' ' 906;' u. s. v. 24 article whatsoever, under any name, label, or brand, which Flynn, 1 Dill., 451, j J > , ^±x 25 Fed. Caa., 1128; v.s.v. osborn 2 25 produccs intoxication, or to any Indian to whom allotment red. xtep., uoj U. 136 EXISTING LAW. SEC. 138. R. S., Seo. 2137. Evoiy person, other than an Indian, who, within ^ Prohibition of the limits of any tribe with whom the United States has existing ^^^^^""^ ""^ ^""^^^"^ treaties, hunts, or traps, or takes and destroys any peltries or game, '■ except for subsistence in the Indian country, shall forfeit all the traps, 30 June, 1834, c. gims, and ammunition in his possession, used or procured to be used ^^^' ^- ®' '^•^ P-''^°- For that purpose, and all peltries so taken; and shaU be liable in addition to a penalty of five hundred dollars. SEC. 139. R. S., Seo. 2138. Every person who drives or removes, except by Penalty for re- authority of an order lawfully issued by the Secretary of War, con- ^X^^TOunfav " nected with the movement or subsistence of troops, any cattle, horses, or other stock from the Indian coimtry for the purposes of 3 Mar., 1865, c. trade or commerce, shall be punishable by imprisonment for not more 127, s. 8, v. 13, p. than tliree years, or by a fine of not more than five thousand dollars, ^^^■ or both. SEC. 140. Seo. 2139. No ardent spirits shall be introduced, imder any pre- . Penalty for sell- tense, into the Indian country. Every person, except an Indian, m JfUrs Yn \ndim the Indian country, who sells, exchanges, gives, barters, or disposes country. of any spuituous liquors or wuae to any Indian under the charge of —ry-, — rzzz — any Indian superintendent or agent, or mtroduces or attempts to ^^^ I'^l'^^ 4 p 564 introduce any spuituous liquor or wine into the Indian country, shall 15 mm.', i864, c. be punishable by imprisonment for not more than two years, and by 33, v. 13, p. 29. a fine of not more than three hundred dollars. But it shall be a suffi- American Fur cieut defense to any charge of introducing or attempting to introduce Com. v. u. S., 2 liquor hito the Indian comitry, that the acts charged were done by Pet., 358; U. S. v. order of or under authority from the War Department, or any officer j^f ^^<^^y' ^ '^^l-' duly authorized thereunto by the War Department. 137 REPORT OF THE COMMITTEE. s. V. Earl, 17 Fed. J gf j^j^^ j^^s been made while the title to the same shall be held Ivep., 7o; Joenson V. U. S., 44 Fed. ^^^Twlniy-niife 2 111 trust by the Govermnent, or to any Indian a ward of the Gallons Whisky, 45 A^euser^-Busch 3 Grovemment under charge of any Indian superintendent or Ass'n V. Bond, 49 re McDonough, 49 4 agent, or any Indian, including mixed bloods, over whom U. S. V. Hurshman, u s^l)' Four' stt- ^ ^^^ Government, through its departments, exercises guardian ties Sour Mash, 90 u^ s. D ji^iier,^iob 6 ship, and any person who shall introduce or attempt to in- Fed, kep., 944; Fed.' ''Eep°.^^'i60; 7 troduce any malt, spirituous, or vinous liquor, including beer, IT. S. V. Belt, 128 Fed. Rep., 169; 4 , , ...,,'„ comp. Dec, 33. 8 ale, and wine, or any ardent or intoxicating liquor of any Starr v. Long ' > .. b ^ J Jim, 227 U.S., 618. 9 kind whatsoever into the Indian country, shall be imprisoned 10 not less than sixty days, and fined not less than $100 for the 11 first offense and not less than $200 for each offense thereafter : 12 Provided, however, That the person convicted shall be com- 13 mitted until fine and costs are paid. But it shall be a suffi- 14 cient defense to any charge of introducing or attempting to 15 introduce ardent spirits, ale, beer, wine, or intoxicating 16 liquors into the Indian country that the acts charged were 17 done under authority, in writing, from the War Department 18 or any officer, duly authorized thereunto by the War Depart- 19 ment : Provided further, That it shall not be unlawful to 20 introduce and use wines solely for sacramental purposes, 21 under church authority, at any place within the Indian 22 country or any Indian reservation, including the Pueblo 23 Reservation in New Mexico. [E. S., s. 2139. 23 July, 24 1892, 27 Stat. L., 260, o. 234; 2 Supp., 45. 30 Jan., 1897, 128 EXISTING LAW. „„. Jan. 30, 1897. CHAP. 109.— An Act To prohibit the sale of Intoxicating drinks to Indians, providing — - — penalties therefor, and for other purposes. 29 Stat. L., 500. Be it enacted hy the Senate and House of Representatives oftJie United liidiana. States ^ of America in Congress assemhled, That any person who shall toxkating^'' drinks sell, give away, dispose of, exchange, or barter any malt, spirituous, or to, prohibited. vinous loquor, including beer, ale, and wine, or any ardent or other R. S., sec. 2139, intoxicating liquor of any kind, whatsoever, or any essence, extract, ?• ^'^3, amended, bitters, preparation, compound, composition, or any article whatso- ever, under any name, label, or brand, which produces intoxication, to any Indian to whom allotment of land has been made while the title to the same shall be held in trust by the Government, or to any Indian a ward of the government under charge of any Indian superintendent or agent, or any Indian, including mixed bloods, over whom the Government, through its departments, exercises guardianship, and any person who shall introduce or atterhpt to introduce any malt, spirituous, or vinous liquor, including beer, ale, and wine, or any ardent or intoxicating liquor of any kind whatsoever into the Indian country, which term shall include any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be punished by imprisonment for not less than Penalty, sixty days, and by a fine of not less than one hundred dollars for the first offense and not less than two hundred dollars for each offense thereafter: Provided, however, That the person convicted shall be P''oviso. committed until fine and costs are paid. But it shall be a sufficient for q^J^qIc!^^^ defense to any charge of introducing or attenipting to introduce ardent Authorized in- spirits, ale, beer, wme, or intoxicating liquors into the Indian country troduction of liq- that the acts charged were done under authority, in writing, from the ^°''^- War Department or any ofl&cer duly authorized thereunto by the War Department. Seo. 2. That so much of the Act of the twenty-third day of July, Repeal, eighteen hundred and ninety-two, as is inconsistent with the provi- Vol. 27, p. 260. sions of this Act is hereby repealed. Approved, January 30, 1897. [Note. — ^This last Act cited supersedes in its entirety R. S. 2139 and the Act of July 23, 1892, 27 Stat. L., 260.] Indian appropriation act of Aug. 24, 1912, 37 Stat. L., 519, c. 388. For the suppression of the traffic in intoxicating liquors among . Sup pressing Indians, seventy-five thousand dollars : Provided, That hereafter it '^^°' traffic, shall not be unlawful to introduce and use wines solely for sacramental g a°c r^^m e n tal purposes, under church authority, at any place within the Indian wines, country or any Indian reservation, including the Pueblo Reservations in New Mexico. * * * 81839—17 i 39 REPORT OF THE COMMITTEE. 1 29 Stat. L.,506, c. 109; 2 Supp., 544. 24 Aug., 1912, 37 2 Stat. L., 519, c. 388.J et^^X'^selrch'for 3 S'EC. 141. If any Indian agent or sub-agent, or the concealed liquors. 4 special agent of the Indian Bureau for the suppression of the 5 liquor traffic among the Indians and in the Indian country 6 or his duly authorized deputies working under his super- ^Bates^ii.oiark,95 7 vision, or the commanding officer of a military -post, has reason three Gallons Bran- dy, 11 Fed. Rep., g ^^ suspect or is informed that any white person or Indian is 9 about to introduce or has introduced any spirituous liquor or 10 wine into the Indian country in violation of law, such agent, 11 sub-agent, or commanding officer, may cause the boats, stores, 12 packages, wagons, sleds, and places of deposit of such person 13 to be searched ; and if any such liquor is found therein, the 14 same, together with the boats, teams, wagons, and sleds used 15 in conveying the same, and also the goods, packages, and 16 peltries of such person, shall be seized and delivered to the 17 proper officer, and shall be proceeded against by libel in the 18 proper court, and forfeited, one-half to the informer and the 19 other half to the use of the United States ; and if such person 20 be a trader, his license shall be revoked and his bond put in 21 suit. It shall moreover be the duty of any person in the 22 service of the United States, or of any Indian, to take and 23 destroy any ardent spirits or wine found in the Indian country, 24 except such m may be introduced therein by the War Depart- 25 ment. In all cases arising under this and the preceding sec- 130 EXISTING LAW. SEC. 141. Sec. 2140. If any superintendent of Indian affairs, Indian agent, or . Power of super- sub-agent, or commanding officer of a military post, has reason to sus- ge^c^^°for^*°con° pect or is informed that any white person or Indian is about to intro- cealed liquors. duce or has introduced any spirituous liquor or wine into the Indian 15 m r 1864 c country in violation of law, such superintendent, agent, sub-agent, or 33^ ^ ^^3 p 29.' commanding officer, may cause the boats, stores, packages, wagons, —^ r = — sleds, and places of deposit of such person to be searched; and if any 00™°?^°!?. S ^2 such liquor is found therein, the same, together with the boats, teams, Pet., 358. wagons, and sleds used in conveying the same, and also the goods, packages, and peltries of such person, shall be seized and delivered to the proper officer, and shall be proceeded against by libel in the proper court, and forfeited, one-half to the informer and the other haff to the use of the United States; and if such person be a trader, his license shall be revoked and his bond put in suit. It shall moreover be the duty of anyperson in the service of the United States, or of any Indian, to take and destroy any ardent spirits or wine found in the Indian country, except such as may be introduced therein by the War Depart- ^ ment. In aU cases arising under this and the preceding section Indians shall be competent witnesses. Indian appropriation act of Mar. 1, 1907, 34 Stat. L., 1017, c. 2285. For support of Indian day and industrial schools, and for other edu- Support of cational purposes not hereinafter provided for, one million three hun- ^^'l°°^?'x^ dred thousand dollars; and the powers conferred by section twenty- sperial agent sup° one himdred and forty of the Revised Statutes upon Indian agents, pressing liquor and sub agents, and commanding officers of military posts are hereby traffic. conferred upon the special agent of the Indian Bureau for the sup- ^- ^■' ^^'^- ^•'^^• pression of the liquor traffic among Indians and in the Indian country and duly authorized deputies working under his supervision. Indian appropriation act of Aug. 24, 1912, 37 Stat. L., 519, c. 388. * * * Provided, also, That the powers conferred by section Authority of seven hundred and eighty-eight of the Revised Statutes upon marshals n^^^"^^' ^' ^■' ^^'^■ and their deputies are hereby conferred upon the chief special officer for the suppression of the hquor traffic anaong Indians a,nd duly authorized officers working under his supervision whose anpointments are made or affirmed by the Commissioner of Indian Affairs or the Secretary of the Interior. Indian appropriation act of May 18, 1916, 39 Stat. L., 124, c. 125. The provisions of sections twenty-one hundred and forty and Beer, etc., in- twenty-one hundred and forty-one of the Revised Statutes of the "^^^ ^^^ 2140 United States shall also apply to beer and other intoxicating liquors 2141, p.' 373.' named in the Act of January thirtieth, eighteen hundred and ninety- Vol. 29, p. 506. seven (Twenty-ninth Statutes at Large, page five hundred and six), and the possession by a person of intoxicating liquors in the country where the introduction is prohibited by treaty or Federal statute shall be prima facie evidence of unlawful introduction. 131 REPORT OF THE , COMMITTEE. 1 tion Indians shall be competent witnesses : Provided, That 2 the powers conferred by section seven hundred and eighty- 3 eight of the Kevised Statutes upon marshals and their depu- 4 ties are hereby conferred upon the chief special officer for the 5 suppression of the liquor traffic among Indians and duly au- 6 thorized officers working under his supervision whose ap- 7 pointments are made or affirmed by the Commissioner of 8 Indian Affairs or the Secretary of the Interior : Provided 9 further, That the possession by a person of intoxicating I 10 liquors in the country where the introduction is prohibited 11 by treaty or Federal statute shall be prima facie evidence of 12 unlawful introduction : Provided further. That automobiles 13 or any other vehicles or conveyances used in introducing, or 14 attempting to introduce, intoxicants into the Indian country, 15 or where the introduction is prohibited by treaty or Federal 16 statute, whether used by the owner thereof or other person, 17 shall be subject to the seizure, libel, and forfeiture provided 18 in this section. [R. S., s. 2140. 1 Mar., 1907, 34 Stat. L., 19 1017,- c. 2285. 24 Aug., 1912, 37 Stat. L., 519, c. 388. 20 18 May, 1916, 39 Stat. L., 124, c. 125. Mar. 2, 1917.] Sales of liquors 21 Seo. 142. No part of the two sections last vrecedina bysoldiera, etc., to ^ . r if Indiana. 22 shall be a bar to the prosecution of any officer, soldier, sutler 23 or storekeeper, attache, or employ6 of the Army of the United 24 States who shall barter, donate, or furnish in any manner 25 whatsoever liquors, wines;, beer, or any intoxicating beverage 133 EXISTING LAW. SEC. 142. Indian appropriation act of Jan. 4, 1884, 23 Stat. L., 94, c. 180. For detecting and prosecuting persons who sell or barter, or donate Detection, etc., or furnish in any manner whatsoever, hquors, wines, beer, or any in- °f persons selling toxicating beverage whatsoever to Indians upon or belonging to any upon re *" '^^^^ Indian reservatoin, $5,000. And no part of section twenty-one hun- r. s.^^2139 373 dred and thirty-nine or of section twenty-one hundred and forty of r! S.', 214o', 373! the Revised Statutes shall be a bar to the prosecution of any officer, soldier, sutler or storekeeper, attache, or employee of the Army of the United States who shall barter, donate, or furnish in any manner whatsoever liquors, wines, beer, or any intoxicating beverage what- soever to any Indian. 133 REPORT, OF THE COMMITTEE. 1 whatsoever to any Indian. [4 July, 1884, 23 Stat. L., 94, 2 c. 180; 1 Supp., 450.] Penalty for 3 Qec. 143. Eveiv person who shall, within the Indian manuiactunng ar- "^ -^ dent spirits, etc., ' count^^ ^""^^^^ 4 country, manufacture ardent spirits, including beer and other 232. " ' ' 5 intoxicating liquors enumerated in section- one hundred and 6 forty, shall be liable to a penalty of $1,000; and the Indian 7 agent or sub-agent within the limits of whose agency any 8 distillery of ardent spirits is set up or continued, shall 9 forthwith destroy and break up the same. [E. S., s. 2141. 10 18 May, 1916, 39 Stat., L. 124, c. 125.] indim"couitry*.^^ ^^ ^^^' ^^^' ^ Very persou o^Aer fAttw ttw 7?i(i'iaw who shall 12 make an assault upon an Indian, or other person, within the 13 Indian country, with a gun, rifle, sword, pistol, knife, or any 14 other deadly weapon, with intent to kill or maim the person 15 so assaulted, shall be imprisoned not less than one nor more 16 than five years. [E. S., s. 2142.] dii^conSi?!" ^°' 1'^ Sec. 145. Every person other than an Indian who shall t 18 set fire, or attempt to set fire, to any house, out-house, cabin, 19 stable, or other building, in the Indian country, to whom- 20 soever belonging, and every Indian who shall set fire to any 21 house, out-house, cabin, stable, or other building, in the 22 Indian country, in whole or in part belonging to or in lawful 28 possession of any person other than an Indian, and whether 24 the same be consumed or not, shall be imprisoned not less 25 than two nor more than twenty-one years. [E. S., s. 2143.] 134 EXISTING LAW. SEC. 143. R. S., Sec. 2141. Every person who shall, within the Indian country, . Penalty for set- set up or continue any distillery for manufacturing ardent spirits, shall ting up distillery in be liable to a penalty of $1,000; and the superiatendent of Indian lan coun ry. — affairs, Indian agent, or subagent, within the Hraits of whose agency 30 June, 1834, c. any distillery of ardent spirits is set up or continued, shall forthwith ^gg' ^' ^^' ^' ^' destroy and .break up the same. Indian appropriation act of May 18, 1916, 39 Stat. L., 124, c.125. ior the suppression of the traffic in intoxicating liquors among Suppressing liq- Indians, $150,000. The provisions of sections twenty-one hundred '^°^ *'^®'^-j. ^ and forty and twenty-one hundred and forty-one of the Revised eluded! ' Statutes of the United States shall also apply to beer and other R. s., sees. 2140, intoxicating hquors named in the Act of January thirtieth, eighteen 2141, p. 373. hxmdred and ninety-seven (Twenty-ninth Statutes at Large, page ^°^- ^^' P- ^^^• five hundred and six) , and the possession by a person of intoxicating liquors in the country where the introduction is prohibited by treaty or Federal statute shall be prima facie evidence of unlawful intro- duction. SEC. 144. R. S., Sec. 2142. Every white person who shall make an assault Assault, upon an Indian, or other person, and even^ Indian who shall make an 27 Mar., 1854, c. assault upon a white person, within the Indian country, with a gun, 26, s. 5, v. 10,' p. rifle, sword, pistol, knife, or any other deadly weapon, with intent to 270. kiU or maim the person so assaulted, shall be punishable by imprison- ment, at hard labor, for not more than five year, nor less than one year. SEC. 145. R. S., Sec. 2143. Every white person who shall set fire, or attempt Arson, to set fire, to any house, outhouse, cabin, stable, or other building, in the 27 Mar., 1854, c. Indian country," to whomsoever belonging; and every Indian who shall 26, s. 4, v. 10,' p! set fire to any house, outhouse, cabin, stable, or other building, in the 270. Indian country, in whole or in part belonging to or in lawful possess- sion of a white person, and whether the same be consumed or not, shall be punishable by imprisonment at hard labor for not more than twenty-one years, nor less than two years. 135 REPORT OF THE COMMITTEE. Ffgery^ and ^ Qeq. |46. The general laws of the United States de- mail depredations. ° 2 fining and prescribing punishments for forgery and for depre- 3 dations upon the mails, shall extend to the Indian country. 4 [E. S., s. 2144. to^pSSthment rf 5 Seo. 147. Except as to crimes the punishment of which crimes extended to Indian country, g ^^ expressly provided for in this Title, the general laws of the How., 567; U.S. 'd. s^'^62iaTreWiyr "^ United States as to the punishment of crimes committed in son, 140 U. S., 575; u.^^s™°i55^n. s"; 8 any place within the sole and exclusive jurisdiction of the 555 ; Ex parte Ken- H^Fed. Gas".', 353'; 9 United States, except the District of Columbia, shall extend U. S. V. Berry, 4 Fed. Rep., 779; , -r ■,■ n-r. r~, ^-. .^ -, u. s. V. Bridle- 10 to the Indian country. TR. S., s. 2145.1 man, 7 Fed. Rep., J \. ^ J 894; U. S. V. Mar- tin, 14 Fed. Rep.,817; Ex parte Morgan, 20 Fed. Rep., 298; Kie v. U. S. 27 Fed. Rep., 351; In re Wolf, 27 Fed. Rep., 606; U. S. V. Ewing, 47 Fed. Rep., 809; U. S. •». Partello, 48 Fed. Rep., 670. Exceptions to n gjjc. 148. Excevt OS to the Crimes desiqnated in section the operations of ^ "^ the preceding sec- ^^°^^- 12 three hundred and twenty-eight of an Act entitled " An Act 13 to codify, revise, and amend the penal laws of the United 14 States,^' approved March fourth, nineteen hundred and nine, 15 the section last preceding shall not be construed to extend to 16 crimes committed by one Indian against the person or prop- ney;io4Tr!^':f62i"; 1^ ^^^y of another Indian, nor to any Indian committing any Ex parte Crow Drfpe?lu.l.',iM 18 offense in the Indian country who has been punished by the U. S., 240; Ex '- -' , Sm., 385, 14 Fed. 19 local law of the tribe, or to any case where, by treaty stipula- Cas., 353; In re ' s- i^' '^- ^' P- person so convicted shall be sentenced to pay to such friendly Indian to whom the property may belong, or whose person may be injured, a sum equal to twice the just value of the property so taken, injured, or destroyed. SEC. 169. R. S., Sec 2155. If such offender shall be imable to pay a sum at Payment where least equal to the just value or amount, whatever such payment shall ^ae offender is una- fall short of the same shall be paid out of the Treasury of the United — - States. If such offender can not be apprehended and brought to ^0 June, 1834, c. trial, the amcunt of such property shall be paid out of the Treasury, ygj' ^' ' ^' ' P' But no Indian shall be entitled to any payment out of the Treasury of the United States, for any such property, if he, or any of the nation to which he belongs, have sought private revenge, or have attempted to obtain satisfaction by any force or violence. 81839—17 10 '145 REPORT OF THE COaiMITTEE. Chapter Five. EDUCATION. Sec. 170. Superintendent of Indian schools. 171. Salary and expenses. 172. Educational leaves to employees. 173. Discontinuance of schools and sale of buildings. 174. Expenditures for school purposes; limit upon per capita expense removed Maximum cost. 175. White children admitted to Indian day schools; tuition to be paid. 176. White children admitted to Indian board- ing schools; tmtion fees. 177. Parentage restriction. Sec. 160. Indian agents to report school census. 161. Children of Indians taking lands in sev- eralty not excluded. 162. Instruction of Indians. 163. Eules to secure attendance at school. 164. Rations may be withheld for nonattend- ance. 165. Indian boys and girls to be employed as assistants. 166. Detail of Army officer for Indian educa- tion. 167. No appropriation for sectarian schools. 168. Child not to be sent out of State without parents' consent. 169. Barracks may be set aside for training schools; appropriation for education, how expended. Indian agents to 1 gEc, 160. Each Indian a^Giit is required, in his annual report school cen- * <_ j. / sus. Jim 227u's ^eii 2 report, to submit a census of the Indians at his agency or upon 3 the reservation under his charge, the number of males above 4 eighteen years of age, the number of females above fourteen 5 years of age, the number of school children between the ages 6 of six and sixteen years, the namber of school houses at his 7 agency, the number of schools in operation and the attendance 8 at each, and the names of teachers employed and salaries paid 9 such teachers. [4 July, 1884, 23 Stat. L., 98, c. 180, s. 9; .10 1 Supp., 451.J dia^ttidn iands ^^ ^^^- ^^^- ^^ ^^^ expenditure of money appropriated in severalty not excluded. -^2 for any of the purposes of education of Indian children, those 13 children of Indians who have taken lands in severalty under 14 any existing law shall not, by reason there.of, be excluded 15 from the benefits of such appropriation. [3 Mar., 1891, 26 146 EXISTING LAW. SEC. 160. Indian appropriation act of July 4, 1884, 23 Stat. L., 98, c. 180, s. 9. * Sec. 9. That hereafter each Indian agent be required, in his annual Indian agents to report, to submit a census of the Indians at his agency or upon the °^® annual re- reservation under his charge, the number of males above eighteen ^° " years of age, the number of females above foiu-teen years of age, the number of school children between the ages of six and sixteen years, the number of school-houses at his agency, the number of schools in operation and the attendance at each, and the names of teachers employed and salaries paid such teachers. SEC. 161. Indian appropriation acts of Mar. 3, 1891, 26 Stat. L., 1014, c. 543, and July 13, 1892, 27 Stat. L„ 143, c. 164, - That hereafter in the expenditure of money appropriated for any of the purposes of education of Indian children, those children of Indians who have taken lands in severalty under any existing law ' shall not, by reason thereof, be excluded irom the benefits of such appropriation. 147 REPORT OF THE COMMITTEE. 1 Stat. L., 1014, c. 543; ISupp., 928. 13 July, 1892, 27 Stat. 2 L., 143, c. 164, 2 Supp., 33.J TnrH^.^^^°° °* ^ ^®*^- 1^^- "^^^ President m&y, in every case where he 4 shall judge improvement in the habits and condition of such 5 Indians practicable, and that the means of instruction can be 6 introduced with their own consent, employ capable persons 7 of good moral character to instruct them in the mode of agri- 8 culture suited to their situation ; and for teaching their chil- 9 dren in reading, writing, and arithmetic, and performing such 10 other duties as may be enjoined according to such instructions 11 and rules as the President may give and prescribe for the 12 regulation of their conduct, in the discharge of their duties. 13 A report of the proceedings adopted in the execution of this 14 provision shall be annually laid before Congress. [R. S., s. 15 2071. J au^Bdl^nceTt ^^ Sec. 163. The Commissioner of Indian Affairs, subject school. 17 to the direction of the Secretary of the Interior, is authorized 18 and directed to make and enforce by proper means such rules 19 and regulations as will secure the attendance of Indian 20 children of suitable age and health at schools established and 21 maintained for their benefit. [13 July, 1892, 27 Stat. L., 22 143, c. 164; 2 Supp., 33.J Rations may be 23 Sec. 164. The Secretary of the Interior may, in his withheld for non- "^ J > ^ ^ "^" attendance. ^ arSVs^m' 2^ discretion, establish such regulations as will prevent the 25 issuing of rations or the furnishing of subsistence either in 148 EXISTING LAW. SEC. 162. R. S., Sec. 2071. The President may, in every case where he shall Instruction of judge improvement in the habits and conditions of such Indians ^'^'^^^- practicable, and that the means of instruction can be introduced with 3 Mar., 1819, c. their own consent, employ capable persons of good moral character ^^' '^- ^' P- ^^^• to instruct them in the mode of agriculture suited to their situation; and for teaching their children in- reading, writing, and arithmetic, and performing such other duties as may be enjoined according to such instructions and rules as the President may give and prescribe for the regulation of their conduct, in the discharge of their duties. A report of the proceedings adopted in the execution of this provi- sion shall be annually laid before Congress. SEC. 163. • Indian appropriation act of July 13, 1892, 27 Stat. L., 143, c. 164. That hereafter the Commissioner of Indian Affairs, subject to the Rules to secure direction of the Secretary of the Interior, is hereby authorized and attendance, directed to make and enforce by proper means such rules and regula- tions as will secure the attendance of Indian children of suitable^age and health at schools established and maintained for their benefit. SEC. 164. Indian appropriation act of Mar. 3, 1893, 27 Stat. L., 628, c. 209. The Secretary of the Interior may in his discretion, establish such regulations as will prevent the issuing of rations or the furnishing of subsistence either in money or in kind to the head of any Indian family 149 REPORT OF THE COMMITTEE. 1 money or in kind to the head of any Indian family for or on 2 account of any Indian child or children between the ages of 3 eight and twenty-one years who shall not have attended 4 school during the preceding year in accordance with such 5 regulations. This provision shall not apply to reservations 6 or part of reservations where sufficient school facilities have 7 not been furnished nor until full notice of such regulations 8 shall have been given to the Indians to be affected thereby. 9 The amount and value of subsistence so withheld shall be 10 credited to the tribe or tribes from whom the same is with- 11 held, to be issued and paid when, in the judgment of the 12 Secretary of the Interior, they shall have fully complied with 13 such regulations. [3 Mar., 1893, 27 Stat. L., 628, c. 209 ; 2 14 Supp. 125.J Indian boys and 15 Sec. 165. The Oommissiouer of Indian Affairs shall gills to be em- ployed as assist- ''''jlcobs V Prich- 1^ employ Indian girls as assistant matrons and Indian boys as ard, 223 U.S., 220. 17 farmers and industrial teachers in all Indian schools when it 18 is practicable to do so. [2 Mar., 1895, 28 Stat. L., 906, c. 19 188 ; 2 Supp., 428.] oicf^lfitZl 20 Sec. 166. The Secretary of War is authorized to detail education. 21 an officer of the Army, not above the rank of captain, for spe- 22 cial duty with reference to Indian education. [23 June, 23 1879, 21 Stat. L., 35, c. 35, s. 7; 1 Supp., 268.] tion°for*Bectariat 24 Sec. 167. It is hereby declared to be the settled policy 25 of the G-ovemment to hereafter make no appropriation what- 150 schools. EXISTING LAW. for on account of any Indian child or children between the ages of Regulations for eight and twenty-one years who shall not have attended school during ^'^°^ attendance. the preceding year in accordance with, such regulations. This provi- J^^^^P™'^- sion shall not apply to reservations or part of reservations where sufficient school facilities have not been furnished nor until full notice of such regulations shall have been given to the Indians to be affected thereby. The amount and value of subsistence so withheld shall be credited Accounts, to the tribe or tribes from whom the same is withheld, to be issued and paid when in the judgment of the Secretary of the Interior they shall have fully complied with such regulations. SEC. 165. Indian appropriation act of Mar. 2, 1895, 28 Stat. L., 906, c. 188. That the Commissioner of Indian Affairs shall employ Indian girls Indian boys and as assistant matrons and Indian boys as farmers and industrial si''ls to be em- teachers in aU, Indian schools when it is practicable to do so. anZ^ ^^ ^^^^ ' SEC. 166. CHAP. 35. — An Act Making appropriations for the support of the Army for the fiscal June 23, 1879, 21 year ending June thirtieth, eighteen hundred and eighty, and for other purposes. ' Stat. L., 35, s. 7. Sec. 7. That the Secretary of War is authorized to detail an Detail of Army officer of the Army, not above the rank of captain, Tor special duty °ffi^^^^^>' ^"^^^"^ with reference to Indian education. SEC. 167. ' Indian appropriation act of June 10, 1896, 29 Stat. L., 345, c. 398. * * * And it is hereby declared to be the settled policy pf .No appropria- the Government to hereafter make no appropriation whatever 'for *^°J^^^^j^ ^^^'^^'^i^'i education in any sectarian school. * * * 151 REPORT OF THE COMMITTEE. 1 ever for education in any sectarian school. [10 June, 1896, 2 29 Stat. L., 345, c. 398 ; 2 Supp., 17.] sentout of state 3 Seo. 168. No Indian child shall be sent from any without parents' 4 Indian reservation or school in any State or Territory to a 5 school beyond the State or Territory in which said reservation 6 or school is situated without the voluntary consent of the 7 father or mother of such child, if either of them is living, and 8 if neither of them is living, without the voluntary consent ka^che^e^^Ked^ 9 of the uext of Mn of such child. Such consent shall be made Eep., 429. 10 before the agent of the reservation, and he shall send to the 11 Commissioner of Indian Affairs his certificate that such con- 12 sent has been voluntarily given before such child shall be 13 removed from such reservation or school. It shall be unlaw- 14 ful for any Indian agent or other employe of the Government 15 to induce, or seek to induce, by withholding rations or by other 16 improper means, the parents or next of kin of any Indian to 17 consent to the removal of any Indian child beyond the limits , 18 of any reservation. [15 Aug., 1894, 28 Stat. L., 313, c. 290, 19 s. 11 ; 2 Supp., 248*. 10 June, 1896, 29 Stat. L., 348, c. 398, 20 s. 1.] Bet^^iT^ioT&- 21 Sec. 169. The Secretary of War is authorized to set ing schoo" pnation 1 tion, h pended. ing schools; appro- priation for educa- no ' J c -ii , i t ■, tion how ex- ^^ aside, tor use m the establishment of normal and industrial 23 training schools for Indian youth from the nomadic tribes 24 having educational treaty claims upon the United States, 25 any vacant posts or barraclsis, so long as they may not be 153 EXISTING LAW. SEC. 168. Indian appropriation act of Aug. 15, 1894, 28 Stat. L., 313, c. 290, s. 11. Sec. 11. That no Indian child shall be sent from any Indian Consent of par- reservation to a, school beyond the State or Territory in which said ^^eVchilSenTre reservation is situated without the voluntary consent of the father ggnt to scliool in or mother of such child if either of them are living, and if neither another State. of them are living without the voluntary consent of the next of kin of ouch child. Such consent shall be made before the agent of the reservation, and he shall send to the Commissioner of Indian Af- fairs his certificate that such consent has been voluntarily given before such child shall be removed from such reservation. Axid it Improper i n - shall be imlawful for any Indian agent or other employee of the ducements forbid- Government to induce, or seek to induce, by withholding rations or by. other improper means, the parents or next of kin of any Indian to consent to the removal of any Indian child beyond the limits of any reservation. Indian appropriation act of June 10, 1896, 29 Stat. L., 348, c. 398, s. 1. * * * Provided, That hereafter no Indian chUd shall be taken Proviso. from any school in any State or Territory to a school in any other written ^^^sent State against its will or without the written consent of its parents, pupil to another State. SEC. 169. CHAP. 363.— An Act To provide additional industrial trainlug-soliools for Indian July 31, 1882, 22 youth, and authorizing the use of unoccupied military barracks for such purpose. Stat. L., 181. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of . Industrial train- War be, and he is hereby, authorized to set aside, for use in the es- ^^1^"^^^°^^^ *°'' ^^- tablishment of normal and industrial training-schools for Indian youth from the nomadic tribes having educational treaty claims upon the United States, any vacant posts or_ barracks, so long as they may not be required for military occupation, and to detail one or more officers of the Army for duty in connection with Indian 153 REPORT OF THE COMBIITTEE. 1 required for military occupation, and to detail one or more 2 ~ officers of the Army for duty in connection with Indian 3 education, under the direction of the Secretary of the Inte- 4 rior, at each such school so established: Provided, Tlia 5 moneys appropriated for general purposes of education among 6 the Indians may be expended, under the direction of the 7 Secretary of the Interior, for the education of Indian youth 8 at such posts, institutions, and schools as lie may consider 9 advantageous, or a^ Congress from time to time may authorize 10 and provide. [31 July, 1882, 22 Stat. L., 181, c. 363; 1 11 Supp., 362.J Superintendent 12 Sec. 170. There shall be appointed by the President, of Indian schools. ■'•■'■ •' ' 13 by and with the advice and consent of the Senate, a person 14 of knowledge and experience in the management, training, 15 and practical education of children, to be Superintendent of 16 Indian Schools, whose duty it shall be to visit and inspect 17 the schools in which Indians are taught in whole or in part 18 from appropriations from the United States Treasury, and 19 report to the Commissioner of Indian Affairs what, in his 20 judgment, are the defects, if any, in any of them, in system, 21 in administration, or in means for the most effective ad- 22 vancement of the pupils therein toward civilization and self- 23 support, and what changes are needed to remedy such defects 24 as may exist, and to perform such other duties in connection 25 with Indian schools as may be prescribed by the Secretary 154 EXISTING LAW. education, under tlie direction of: the Secretary of the Interior, at each such school so established: Provided, That moneys appropriated Proviso. or to be appropriated for general purposes of education among the Indians may be .expended, under the direction of the Secretary of the Interior, for the education of Indian youth at such posts, insti- tutions, and schools as he may consider advantageous, or as Con- gress from time to time may authorize and provide. Approved, July 31, 1882. SEC. 170. i Indian approi)riation act of Max. 2, 1889, 25 Stat. L., 1003, c. 412, s. 10. Sec. 10. That there shall be appointed by the President, by and Superintendent with the advice and consent of the Senate, a person of knowledge °* schools. and experience in the management, training, and practical education of children, to be Superintendent of Indian Schools, whose duty it Duties, shall be to visit and inspect the schools in which Indians are taught in whole or in part from appropriations from the United States Treasury, and report to the Commissioner of Indian Affairs, what, in his judgment, are the defects, if any, in any of them, in system, in administration, or in means for the most effective advancement of the pupils therein toward civilization and self-support, and what changes are needed to remedy such defects as may exist, and to per- form such other duties in connection with Indian schools as may be prescribed by the Secretary of the Interior, and section eight of the act entitled "An act making appropriations for the current and con- Repeal of former tingent expenses of the Indian Department and for fulfilling treaty Provisions, stipulations with various Indian tribes for the year ending June thirtieth, eighteen hundred and eighty-nine and for other purposes," Laws, 1st sess. approved June twenty-ninth, eighteen htuidred and eighty-eight, is ^^*^ Cong., p. 238. hereby repealed. Indian appropriation act of Mar. 3, 1891, 26 Stat. L., 991, c. 543. * * * And provided, That he shall perform such other duties as Proviso. may be imposed upon him by the Commissioner of Indian Affairs, Other duties, subject to the approval of the Secretary of the Interior. 155 penses REPORT OF THE COMMITTEE. 1 of the Interior. He shall perforin such other duties as may 2 be imposed upon him by the Commissioner of Indian Affairs, 3 subject to the appro A^al of the Secretary of the Interior. 4 [2 Mar., 1889, 25 Stat. L., 1003, c. 412, s. 10; 1 Supp., 698. 5 3 Mar., 1891, 26 Stat. L., 991, c. 543; 1 Supp., 928.] Salary and ex- 6 Seg. 171. The Superintendent of Indian schools shall 7 be entitled to receive an annual salary of $3,000 and necessary 8 traveling expenses and incidental expenses of inspection and 9 investigation: Provided, That he shall be alloM^ed $3 per 10 day for traveling expenses when actually on duty in the field, 11 exclusive of cost of transportation and sleeping-car fare, in 12 lieu of all expenses allov^ed by law. [3 Mar., 1891, 26 Stat. 13 L., 991, c. 543; 1 Supp., 928. 27 May, 1902, 32 Stat. L., 14 247, c. 888. 21 June, 1906, 34 Stat. L., 330, c. 3504.] 15 Sec. 172. Employees of Indian schools may be allowed, Educational ;[Q in addition to annual leave, educational leave not to exceed ployees. 17 fifteen days per calendar year for attendance at educational 18 gatherings, conventions, institutions, or training schools, if the 19 interests of the service require, and under such regulations 20 as the Secretary of the Interior may prescribe, and no addi- 21 tional salary or expense on account of this leave of absence 22 shall be incurred. [24 Aug., 1912, 37 Stat. L., 519, c. 388.] of schodsandTak ^3 Sec. 173. The Commissioner of Indian Affairs may, of buildings. 24 when in his j udgment the good of the service will be promoted 25 thereby, suspend or discontinue any reservation Indian school, 156 EXISTING LAW. SEC. 171. [Indian appropriation act of liar. 3, 1891, 26 Stat. L., 991, c. 543, appropriates $4,000 as the salary of the superintendent of Indian schools, but expense allowance, etc., is unchanged. Subsequent Indian appropriation acts appropriate $3,000 as the annual salary of the superintendent of Indian schools. As all the acts from which this section is taken are the same in so far as language is concerned, it is deemed necessary only to place here that part of the act of June 21, 1906, 34 Stat. L., 330, c. 3504, as follows:] SUPEEINTENDENT OF INDIAN SCHOOLS. For pay of one superintendent of Indian schools, three thoxisand Superintendent dollars. of schools. For necessary traveling expenses of one superintendent of Indian Expenses, schools, including telegraphing and incidental expenses of inspection and investigation, one thousand five hundred dollars: Provided, That Provisos. he shall be allowed three dollars per day for traveling expenses when Per diem, actually on duty in the field, exclusive of cost of transportation and sleeping-car fare, in heu of all other expenses now allowed by law: And provided further, That he shall perform such other duties as may Other duties, be imposed upon him by the Commissioner of Indian Afiairs, subject to the approval of the Secretary of the Interior. [Note. — ^The proviso here is carried in last preceding section.] SEC. 172. I Indian appropriation act of Aug. 24, 1912, 37 Stat. L., 519, c. 388. * * * Provided, That hereafter employees of Indian schools Proviso. may be allowed, in addition to annual leave, educational leave not to . Educational exceed fifteen days per calendar year for attendance at educational ^^^^ ^^^ °^' gatherings, conventions, institutions, or training schools, if the inter- ests of the service require, and under such regulations as the Secre- tary of the Interior may prescribe, and no additional salary or ex- pense on account of this leave of absence shall be incurred. * * * SEC. 173. Indian appropriation act of Apr. 21, 1904, 33 Stat. L., 211, c. 1402. * * * Provided, however, That the Commissioner of Indian Proviso. Affairs may, when in his judgment the good of the service wiU be pro- of^^^o°]^*^'^^t^^^'^® moted thereby, suspend or discontinue any reservation, Indian ' 157 REPORT OF THE COMMITTEE. 1 and, with the approval of the Secretary of the Interior, may 2 sell any reservation school building or plant, that is no longer 3 desirable as an Indian school upon any reservation and invest 4 the proceeds in other school buildings and plants, as the needs 5 of the service may demand, under such rules and regulations 6 as he may, with the approval of the Secretary of the Interior, 7 prescribe. [21 Apr., 1904, 33 Stat. L., 211, c. 1402:1 Bc^oF pu^^^^ S S^^- l'^4. All moneys appropriated for school purposes limit upon per cap- l^vedu^:^rinium 9 shall be expended under the supervision and direction of the cost. 10 Commissioner of Indian Affairs, and in all respects in con- 1 1 fopnity with such conditions, rules, and regulations as to the 12 conduct and methods of instruction and expenditure of money 13 as may from time to time be prescribed by him, subject to the 14 supervision of the Secretary of the Interior. All moneys 15 appropriated or available for Indian school purposes may be 16 expended without restriction as to per capita expenditure for 17 the annual support and education of any one pupil in any 18 Indian school : Provided, That in no event shall the per capita 19 cost at any one school exceed the sum of $200 per annum. 20- [1 Mar., 1907, 84 Stat. L., 1017, c. 2285. 80 Apr., 1908, 21 35 Stat. L., 72, c. 153. 7 Sept., 1916, 39 Stat. L., 741, c. 22 455. J adSdt^^diln 2^ ^®^- 1^^- ^^^^® children may, under rules and regu- day achoolsj tui- tioatobepaid. 24 latlous prescribed by the Commissioner of Indian Affairs, be 25 admitted to any Indian day school : Provided, That the tui- 158 EXISTING LAW. school, and, -wdth the approval of the Secretary of the Interior, may- sell any reservation school building or plant that is no longer desirable as an Indian school upon any reservation and invest the proceeds in other school buildings and plants, as the needs of the service may demand, under such rules and regulations as he may, with the approval of the Secretary of the Interior, prescribe. SEC. 174. Indian appropriation act of Mar. 1, 1907, 34 Stat. L., 1017, c. 2285. That all expenditure of money appropriated for school purposes in Supervision o f this Act shall be at aU times under the supervision and direction of the expenditure.s. Commissioner of Indian Affairs, and in all respects in conformity with such conditions, rules, and regulations as to the conduct and methods of instruction and expenditure of money as may be from time to time prescribed by him, subject to the supervision of the Secretary of the Interior: Provided, That, except for pay of superintendent, not more Provisos. than one hundred and sixty-seven dollars shall be expended for the . ^^™^' °^ P®"^ '^^I' ' annual support and education of any one pupil in any school herein ^ ^ expense, specifically provided for, except when, by reason of epidemic, accident, ' or other sufficient cause, the attendance is so reduced or cost of main- tenance so high that a larger expenditure is absolutely necessary for the efficient operation of the school affected, when the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, may allow a larger per capita expenditure, such expenditure to con- tinue only so'long as the said necessity therefor shall exist: Provided further, That the total amount appropriated for the support of such Total for school, school shall not be exceeded: Provided further, That the number of Determining per pupils in any school entitled to the per capita allowance hereby capita allowance, provided for shall be determined by taking the average enrollment for the entire fiscal year and not any fractional part thereof. [Note.— The act of April 30, 1908, 35 Stat. L., 72, c. 153, cited under this section on Report of Committee side is almost verbatim as above printed here. Hence it is con- sidered unnecessary to here reprint the Act of April 30, 1908.] CHAP. 455. — ^An Act Providing that Indian schools may be maintained without September 7, restriction as to annual rate of expenditure per pupil. 1916, 39 Stat. L., 741. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assentibled. That aU moneys appropriated Indian schools. or available for Indian school purposes may be expended without re- . ^^^ capita hmi- striction as to per capita expenditure for the annual support and *VohT™p^72 education of any one pupil in any Indian school: Provided, That in Promso. ' ' no event shall the per capita cost at any one school exceed the sum Maximum cost, of $200 per annum. Approved, September 7, 1916. SEC. 175. Indian appropriation act of Mar. 1, 1907, 34 Stat, L., 1018, c. 2285. * * * That hereafter white children may, under rules and regu- Admission of lations prescribed by the Commissioner of Indian Affairs, be admitted ^^^ children, to any Indian day school: Provided, That the tuition fees charged for 159 REPORT OF THE COMMITTEE. 1 tion fees charged for such children shall in no case exceed 2 the tuition fees allowed or charged by the State or county 3 in which such school is situated for the children admitted 4 in the common schools of such State or county : Provided 5 further, That all tuition fees paid for white children enrolled 6 in Indian day schools shall be deposited in the United States 7 Treasury to reimburse the funds out of which the schools 8 last mentioned are maintained. [1 Mar., 1907, -34 Stat. L., 9 1018, c. 2285.J adSteito^diS 1^ ^^^- 1^^- White children may, under rules prescribed boarding schoolfl; tuition Fees. -|^-|^ t^^ ^j^^ Oommissiouer of Indian Affairs, be admitted to Indian 12 boarding schools on payment of tuition fees at a rate to be 13 fixed in said rules : Provided, That all tuition fees paid for 14 white children so enrolled shall be deposited in the Treasury 15 of the United States to reimburse the fund out of which the 16 school is supported. [3 Mar., 1909, 35 Stat. L., 783, c. 263.] strictioM^^^ ^^' ^^ ^^^- ^^'^' '^^ P^^^ °^ ^^® appropriations made for the 18 Indian service, except appropriations made pursuant to 19 treaties, shall be used to educate children of less than one- 20 fourth Indian blood whose parents are citizens of the United 21 States and of the State wherein they live and where there 22 are adequate free school facilities provided and the facilities 23 of the Indian schools are needed for pupils of more than one- 24 fourth Indian blood. [18 May, 1916, 39 Stat. L., 125, 25 c. 125.] 160 EXISTING LAW. such children shall in no case exceed the tuition fees allowed or charged by the State or county in which such school is situated for the children admitted in the common schools of such State or county: provisos. And provided further, That all tuition fees paid for white children Tuition fees. enrolled in Indian day schools shall be deposited in the United States Deposit of fees. Treasury to reimburse the funds out of which the schools last men- tioned are maintained. * * * SEC. 176. Indian appropriation act of Mar. 3, 1909, 35 Stat. L. 783, c. 263. * * * Provided further, That hereafter white children may, Whit« children under rules prescribed by the Commissioner of Indian AflFairs, be admitted to Indian admitted to Indian boarding schools on the payment of tuition fees °^' ^°^ ^'^ at a rate to be fixed in said rules: Provided further, That all tuition Use of tuition fees paid for white children so enrolled shall be deposited in the fees. United States Treasury to reimburse the fund out of which the school is supported. SEC. 177. Indian appropriation act of Aug. 24, 1912, 37 Stat. L., 519, c. 388, and subsequent Indian appropriation acts contain the provision which is printed below and from which this section is taken. The printed matter below is taken from the Indian appropriation act of May 18, 1916, 39 Stat. L., 125, c. 125. * * * Provided further. That no part of this appropriation, or Parentage any other appropriation provided for herein, except appropriations section. made pursuant to treaties, shall be used to educate children of less than one-fourth Indian blood whose parents are citizens of the United States and of the State wherein they hve and where there are ade- quate free school facilities provided and the facUities of the Indian schools are needed for pupils of more than one-fourth Indian blood: * * * 81839—17 ^11 161 KEPORT OF THE COMMITTEE. Chapter Six. RIGHTS OF WAY THROUGH INDIAN LANDS. Sec. 378. Rights of way for railways, etc. 179. Stations, etc. 180. Survey of route; appraisement of damage. 181. Forfeiture for failure to construct. 182. Rights of way through canyons, passes and defiles. 183. Regulations by Secretary of Interior. 184. Grants to railroads for reservoirs, ballast pits, and for growing trees. Sec. 185. Right of way granted to oil, etc., pipe lines. 18G. Right to amend and repeal. 187,. Rights of way for telephone and tele- graph lines. 188. (condemnation for public uses of lands allotted in severalty. 189. Highways through Indian lands. Rights of way for I ggc. 178. A right of wav for a railway, telegraph and 2 telephone line through any Indian reservation in any State 3 or Territory, or through any lands reserved for an Indian 4 agency or for other purposes in connection with the Indian 5 service, or through any lands which have been allotted in 6 severalty to any individual Indian under any law or treaty, 7 but which have not been conveyed to the allottee with full 8 power of alienation, is granted to any railroad company 9 organized under the laws of the United States, or of any 10 State or Territory, which shall comply with the provisions 11 of this chapter and such rules and regulations as may be pre- 12 scribed thereunder : Provided, That no right of way shall be 13 granted under this chapter until the Secretary of the Interior 14 is satisfied that the company applying has made said applica- 15 tion in good faith and with intent and ability to construct 16 said road, and in case objection to the granting of such right 17 of way shall be made, said Secretary shall afford the parties 163 EXISTING LAW SEC. 178. CHAP. 374. — An Act To provide for the acquiring of rights of way by railroad com- Mar. 2, 1899, 30 panies through Indian reservations, Indian lands, and Indian allotments, and for Stat. L., 990, s. 1. other purposes. Be it enacted by the Senate and House of Representatives of the United General right of States of America in Congress assembled, That a right of way for a ^^ JP railroaolB railway, telegraph and telephone line through any Indian reservation iands%-anted. in any State or Territory, or through any lands held by an Indian tribe or nation in Indian Territory, or through any lands reserved for an Indian agency or for other purposes in connection with the Indian service, or through any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of ahenation, is hereby granted to any railroad company organized under the laws of the United States, or of any State or Territory, which shall comply with the provisions of this Act and such rules and regulations as may be prescribed thereunder: Provided, That no right of way shall be Provisos. granted under this Act imtil the Secretary of the Interior is satisfied j-etl^^'^of^the ^In- that the company applying has made said apphcation in good faith ter^o^ etc. and with intent and ability to construct said roadj and in case objec- tion to the granting of such right of way shaU be made, said Secretary shall afiord the parties so objecting a fuU opportimity to be heard: Provided further. That where a railroad has heretofore been con- Parallel rights of structed, or is in actual course of construction, no parallel right of ^^y- way within ten miles on either side shall be granted by the Secretary of the Interior unless, in his opuiion, pubhc interest wiU be promoted thereby. CHAP. 134. — ^An Act To grant the right of way through the Oklahoma Territory and Feb. 28, 1902, 32 the Indian Territory to the Enid & Anadarko KaUway Co., and for other purposes. Stat. L., 50, s. 23. Sec. 23. That an Act entitled "An Act to provide for the acquiring ^^si^ia of way of rights of way by raikoad companies through Indian reservations, i^^s Vol 3oT Indian lands, and Indian allotments, and for other purposes," ap- 999, ' ■> im- proved March second, eighteen hundred and ninety-nine, so far as it Repeal as to Ok-- applies to the Indian Territory and Oklahoma Territory, and all Jahoma and Indian other Acts or parts of Acts inconsistent with this Act are hereby re- Temtory. pealed: Provided, That such repeal shall not affect any railroad com- Provisos. pany whose railroad is now actually being constructed, or any rights Prior rights not which have already accrued; but such railroads may be completed a,nd aitected. such rights enforced in the manner provided by the laws under which such rights accrued: Aiid provided further, That the provisions of this 163 REPORT OF THE C03IMITTEE. 1 SO objecting a full opportunity to be heard : Provided further,' 2 That where a railroad has heretofore been constructed, or 3 is in actual course of construction, no parallel right of way 4 within ten miles on either side shall be granted by the Secre- 5 tary of the Interior unless, in his opinion, public interest 6 will be promoted thereby : Provided also, That as a condition 7 precedent to each and every grant of a right of M'ay under 8 authority of this section, every railway company applying 9 for such grant shall stipulate that it will construct and perma- 10 nently maintain suitable passenger and freight stations for 11 the convenience of every town site established by the Gov- 12 ernment along said right of way : Provided further, That 13 the provisions of this section shall not apply to any such 14 reservations or lands in the State of Oklahoina. [2 Mar., 15 1899, 80 Stat. L., 990, c. 374, s. 1 ; 2 Supp., 966. 28 Feb., 16 1902, 32 Stat. L., 50, c. 134, s. 23. 25 .June, 1910, 36 ^17 Stat. L., 859, c. 431, s. 16.] stations, etc. 18 Sec. 179. Such right of way shall not exceed fifty 19 feet in, width on each side of the center line of the road, 20 except where there are heavy cuts and fills, when it shall 21 not exceed one hundred feet in width on each side of the 22 road, and may include ground adjacent thereto for station 28 buildings, depots, machine shops, side tracks, turn-outs, and 24 water stations, not to exceed two hundred feet in width by a 25 length of three thousand feet, and not more than one station 164 EXISTING LAW. Act shall apply also to the Osages' Reservation and other Indian Osages' and reservations and allotted Indian laods in the Tenitorv of Oklahoma, °**'?' ^"^^^^ '■eser- and all judicial proceedings herein authorized mav ^e commenced ^'^'^d'J^ioi nmrPPH and prosecuted in the courts of said Oklahoma Temtory which may j^j^"^"*" P^'^^^"" now or hereafter exercise jurisdiction within said reservations or allotted lands. ^^^■■*^^'^** *"'' '^'^ provide for detenninlng the heirs of deceased Indians, for June 25, 1910, 36 me disposition and sale of aUotments of deceased Indians, for the leasing of allot- Stat. L., 859, a. 16. ments, and for other poiposes. Sec. 16. That section one of the Act entitled 'An Act to provide Rights of way for the acquiring of rights of wav bv railroad companies flirough {^"S"* Indian Indian reservations, Indian lands, and Indian allotments, and for Voj 30 „ 990 other purposes," approved March second, eighteen hundred and amended.' ttinety-nine, be, and the same hereby is, amended bv adding thereto the following: ''Provided also. That as a condition precedent to each and every Stations required grant of a right of way under authority of this Act, each and every "^ ^^"^ ^^■ railway copipany applying for such grant shall stipulate that it will construct and permanentfy maintain suitable passenger and freight stations for the convenience of each and every town site estabhshed by the Government along said right of way."' SEC. 179. CHAP. 374. — An Act To provide for the acqniiins of rights of way by railroad com- Mar. 2. 1S99. 30 panics thiough Indian reservations, Indian lands, and Indian allotments, and for Stat. L.. 990, s. 2. other purposes. Sec. 2. That such right of way shall not exceed fifty feet in widtii Width, on each side of the cent-er hne of the road, except where there are heavy cuts and fills, when it shall not exceed one hundred feet in width on each side of the road, and may include ground adjacent thereto for station buildings, depots, machine shops, side tracfe, turn-outs, and -Additional water st-ations. not to exceed one hundred feet in width by a length of ?roimd for stations, two thousand feet, and not more than one station to be located within ^^*^ any one continuous len^h of ten miles of road: Proi-ided, That this Proviso. section shall apply to affrights of way heretofore granted to railroads -Applicable t o in the Indian Territory where no provisions defining the width of the §^^ „^*" ^^" rights of way are set out in the Act granting the same. fSec- 23 of the Act of Feb. 25. 1902, 32 Stat. L., 50, c. 134, cited under this section on report of conunittee side, is printed under the preceding section on this side.] Indian appropriation act of June 21, 1906. 34 Stat. L., 330. c. 3504. That section two of an Act of CJongress entided 'An Act to pro- Right of way vide for the acquiring of rights of way of railroad companies through Jl*i"«gh Indian Indian reservations, Indian lands, and Indian allotments, and for ^ other purposes," approved March second, eighteen hundred and 165 REPORT OF THE COMMITTEE. 1 to be located within any one continuous length of ten miles 2 of road. [2 Mar., 1899, 30 Stat. L., 990, c. 374, s. 2; 2 3 Supp., 966. 28 Feb., 1902, 32 Stat. L., 50, c. 134, s. 23. 4 21 June, 1906, 34 Stat. L., 330, c. 3504.J apSemenr^'^of 5 Sec. 180. The line of route of said road may be sur- damage. 6 veyed and located through and across any of said lands at any 7 time, upon permission therefor being obtained from the 8 Secretaiy of the Interior ; but before the grant of such right 9 of way shall become effective a map of the survey of the line 10 or route of said road must be filed with and approved by the 11 Secretary of the Interior, and the company must make pay- 12 ment to the Secretary of the Interior for the benefit of the 13 tribe or nation, of full compensation for such right of way, 14 including all damage to improvements and adjacent lands, 15 which compensation shall be determined and paid under the. 16 direction of the Secretary of the Interior, in such manner as 17 he may prescribe. Before any such railroad shall be con- 18 structed through any land, claim, or imj)rovement, held by 19 individual occupants or allottees in pursuance of any treaties 20 or laws of the United States, compensation shall be made 21 to such occupant or allottee for all property to be taken, or 22 damage done, by reason of the construction of such railroad. 23 In case of failure to make amicable settlement with any such 24 occupant or allottee, such compensation shall be determined by 25 the appraisement of three disinterested referees, to be ap- 166 EXISTING LAW. ninety-nine, be, and the same hereby is, amended so as to read as f oUows : , "Sec. 2. That such right of way shall not exceed fifty feet in width Vol. 30, p. 990, on each side of the center line of the road, except where there are ^wldth heavy cuts and fills, when it shall not exceed one hundred feet in ' width on each side of the road, and may include grounds adjacent jjj^°g^gg^^°°^'^'^' thereto for station buildings, depots, machine shops, side tracks, turn-outs, and water stations, not to exceed two hundred feet in width by a length of three thousand feet, and not more than one station to be located within any one continuous length of ten miles of road." SEC. 180. Mar. 2, 1899, 30 Stat. L., 991, 8. 3. Damages. Appraisal. CHAP. 374. — An Act To provide for the acguiring of rights of way by railroad com- panies through' Indian reservations, Indian lands, and Indian allotments, and for other purposes. Sec. 3. That the line of route of said road may be surveyed and Maps to be filed located through and across any of said lands at any time, upon permis- sion therefor being obtained from the Secretary of the Interior; but before the grant of such right of way shall become effective a map of the survey of the line or route of said road must be filed with and approved by the Secretary of the Interior, and the company must make payment to the Secretary of the Interior for the benefit of the tribe or nation, of full compensation for such right of way, including aU dam- age to improvements and adjacent lands, which compensation shall be determined and paid under the direction of the Secretary of the Inte- rior, in such manner as he may prescribe. Before any such railroad shall be constructed through any land, claim, or improvement, held by individual occupants or aflottees in pm-suance of any treaties or laws of the United States, compensation shall be made to such occupant or allottee for all property to be taken, or damage done, by reason of the construction of such railroad. In case of failure to make amicable settlement with any such occupant or aUottee, such compensation shall be determined by the appraisement of three disinterested referees, to be appointed by the Secretary of the Interior, who, before entering upon the duties of their appointment, shall take and subscribe before competent authority an oath that they will faithfully and impartially discharge the duties of their appointment, which oath, duly certified, shall be returned with their award to the Secretary of the Interior. If the referees can not agree, then any two of them are authorized to make the award. Either party being dissatisfied with the finding of the referees shall have the right within sixty days after the making of the award and notice of the same, to appeal, in case the land in question is in the Indian Territory, by original peti- tion to the United States court in the Indian Territory sitting at the place nearest and most convenient to the property sought to oe con- demned ; and if said land is situated in any State or Territory other than the Indian Territory, then to the United States district court for such State or Territory, where the case shall be tried de novo and the judgment for damages rendered by the court shall be final and conclusive. When proceedings are commenced in court as aforesaid, the railroad company shall deposit the amount of the award made by the referees with the court to abide the judgment thereof, and then have the right to enter upon the property sought to be condemned and proceed with the construction of the railway. Each of the referees shall receive for his compensation the sum of four dollars per day while engaged in the heanng of any case submitted to them under thfe Act. Witnesses shall receive the fees usually allowed by courts within the district where such land is located. Costs, inolud.- ino' compensation of the referees, shall be made part of the award or judgment, and be paid by such railroad company. Appeal. Construction to commence on de- posit of the award. Fees, costs, etc. 167 REPORT OF THE COMMITTEE. 1 pointed by the Secretary of the Interior, who, before entering 2 upon the duties of their appointment, shall take and ' sub- 3 scribe before competent authority an oath that they will 4 faithfully and impartially discharge the duties of their ap- 5 pointment, which oath, duly certified, shall be returned 6 with their award to the Secretary of the Interior. If the 7 referees cannot agree, then any two of them are authorized 8 to make the award. Either party being dissatisfied with 9 the finding of the referees shall have the right within sixty 10 days after the making of the award and notice of the same, 11 to appeal to the United States district court for such State or 12 Territory, where the case shall be tried de novo and the 13 judgment for damages rendered by the court shall be final 14 and conclusive. When proceedings are commenced in court 15 as aforesaid, the railroad company shall deposit the amount 16 of the award made by the referee with the court to abide the 17 judgment thereof, and then have the right to enter upon the 18 property sought to be condemned and proceed with the 19 construction of the railway. Each of the referees shall 20 receive for his compensation the sum of $4 per day while 21 engaged in the hearing of any case submitted to them under 22 this chapter. Witnesses shall receive the fees usually allowed 23 by courts within the district where such land is located. 24 Costs, including compensation of the referees, shall be made 25 part of the award or judgment, and be paid by such railroad 168 EXISTING LAW. 169 Forfeiture for failure to construct. REPORT OF THE COMMITTEE. 1 company. [2 Mar., 1899, 30 Stat. L., 991, c. 374, s. 3; 2 2 Supp., 966.] 3 Sec, 181. If any such company shall fail to construct 4 and put in operation one-tenth of its entire line in one year, 5 or to complete its road within three years after the approval 6 of its map of location by the Secretary of the Interior, the 7 right of way hereby granted shall be deemed forfeited and 8 abandoned ipso facto as to that portion of the road not then 9 constructed and in operation : Provided, That the Secretary 10 may, when he deems proper, extend, for a period not exceed- 11 ing two years, the time for the completion of any road for- 12 which right of way has been granted and a part of which shall 13 have been built. [2 Mar., 1899, 30 Stat. L., 991, c. 374, 14 s. 4; 1 Supp., 968.] thfoS!" cLjZl 15 Sec. 182. The provisions of section two of the Act of passes, and defiles. 16 Marchthird, eighteen hundred and seventy-five, entitled" An 17 Act granting to railroads the right of way through the public 18 lands of the United States," are hereby extended and made 19 applicable to rights of way granted under this chapter and to 20 railroad companies obtaining such rights of way. [2 Mar,, 21 1899, 30 Stat. L,, 992, c. 374, s. 6 ; 2 Supp., 968.] secrXJ^^T'inte^: 22 Sec. 183. The Secretary of the Interior shall make all rior. ' 23 needful rules and regulations, not inconsistent herewith, for 24 the proper execution and carrying into effect of all the pro- 25 visions of the five sections last preceding. [2 Mar., 1899, 30 26 Stat. L., 992, c- -^74, s. 7; 2 Supp., 968,] EXISTING LAAV. SEC. 181. CHAP. 374. — An Act To provide for tlie acttuiring of riglits of way by railroad com- Mar. 2, 1899, 30 panies through Indian reservations, Indian lands, and Indian allotments, and for Stat. L., 991, s. 4. other purposes. Sec. 4. That if any such company shall fail to construct and put in Construction. operation one-tenth of its entire line in one year, or to complete its —forfeiture. road within three years after the approval of its map of location by the Secretary of the Interior, the right of way hereby granted shall be deemed forfeited and abandoned ipso facto as to that portion of the road not then constructed and m operation: Provided, That the Proviso. Secretary may, when he deems proper, extend, for a period not 1^^ '^^^^^"^ j°f exceeding two years, the time for the completion of any road for ^lon. which right of way has been granted and a part of which shall have been built. SEC. 182. CHAP. 374. — An Act To provide for the acquiring of rights of way by raUroad com- Jfar. 2, 1899, 30 panies through Indian reservations, Indian lands, and Indian allotments, and for Stat. I/., 992, s. 6. other purposes. Sec. 6. That the provisions of section two of the Act of March Railroad rights third, eighteen hundred and seventy-five, entitled "An Act granting ""i^V'^jl^ ^^"^t^-y to railroads the right of way through the public lands of the United ° ' ' ^' States," are hereby extended and made applicable to rights of way granted under this Act and to railroad companies obtaining such rights of way. SEC. 183. CHAP. 374. — ^An Act To provide for the acc[uiring of rights of way by railroad com- Mar. 2, 1899, 30 panies through Indian reservations, Indian lands, and Indian allotments, and for Stat. L., 992, s. 7. other purposes. Sec. 7. That the Secretary of the Interior shall make all needful Regulations. rules and regulations, not inconsistent herewith, for the proper execution and carrying into effect of all the provisions of this Act. 171 REPORT OF THE C0313IITTEE. 1 Sec. 184. When, in the judgment of the Secretary of Grants to rail- roads for reser- voirs, ballast pits, toes. ^°'^ s''°^'^s 2 the Interior, it is necessary for any railway company owning 3 or operating a line of railway in any Indian reservation to 4 acquire lands in such reservation for reservoirs, material, or 5 ballast pits for the construction, repair, and maintenance of its 6 railway, or for the purpose of planting and growing thereon 7 trees to protect its line of railway, the said Secretary is author- 8 ized to grant such lands to any such railway company, upon such 9 terms and conditions, and under such rules and regulations, 10 as he may prescribe. When any railway company desiring 11 to secure the benefits of this section shall file with said Sec- 12 retary an application describing the lands which it desires to 13 purchase, and pay the price agreed upon, the said Secretary 14 shall cause such lands to be conveyed to the railway company 15 applying therefor, upon such terms and conditions as he may 16 deem proper : Provided, That no lands shall be acquired under 17 the terms of this section in greater quantities than forty acres 18 for any one reservoir, and one hundred and sixty acres for any 19 material or ballast pit; and not more than one reservoir and 20 one material or ballast pit shall he granted in any one sec- 21 tion often miles of such railway company in such reserva- 22 tion: Provided further. That the lands acquired for tree 28 planting shall be taken only at such places along the line of 24 the railway company applying therefor as in the judgment of 25 said Secretary may be necessary, and shall be taken in strips 173 EXISTING LAW. SEC. 184. Indian appropriation act of Mar. 3, 1909, 35 Stat. L,, 781, c. 263. That when, in the judgment of the Secretary of the Interior, it is Grant of lands to necessary for any railway company owning or operating a line of Jg^gg" v*^Yion8 f or railway in any Indian reservation to acquire lands in such Indian reservoirs, etc. reservation for reservoirs, material, or ballast pits for the construc- tion, repair, and maintenance of its railway, or for the purpose of planting and growing thereon trees to protect its line of railway, the said Secretary be, and he is hereby, authorized to grant such lands to any such railway company under such terms and conditions and such rules and regulations as may be prescribed by the said Secretary. That when any railway company desiring to secure the benefits of Conveyance of this provision shall file with the Secretary of the Interior an applica- la""^- tion describing the lands which it desires to purchase, and upon the payment of the price agreed upon the said Secretary shall cause such lands to be conveyed to the railway company applying therefor upon such terms and conditions as he may deem proper; Provided, That Provisos. no lands shall be acquired under the terms of this provision in greater Restriction, quantities than forty acres for any one reservoir, and one hundred and sixty acres for any material or baUast pit, to the extent of not more than one reservoir and one material or gravel pit in any one section of ten miles of any such railway in any Indian reservation : And pro- vided further, That the lands acquired for tree planting shall be talten Land for tree only at such places along the line of the railway company applying ''^Restriction therefor as in the judgment of the said Secretary may be necessary, and shall be taken /in stHps adjoining and parallel with the right of way of the railway company taking the same, and shall not exceed one hundred and fifty feet in width. That all moneys paid for such lands shall be deposited in the Treas- Use of proceeds, ury of the United States to the credit of the tribe or tribes, aiid the moneys received by said Secretary as damages sustained by indi- vidual members of the Indian tribe, which damages shall be ascer- tained by the Secretary of the Interior and paid by the railway com- pany taking such lands, shall be paid by said Secretary to the Indian or Indians sustaining such damages. CHAP. 204.— An Act Granting lands for reservoirs, and so forth. Ji^?*^: ^x ^*'o..n oD btat. 1*., o49. Be it enacted by the Senate and House of Representatives of the United Lands in sever- States of America in Congress assembled, That the provisions of the alty to Indians. Act entitled "An Act making appropriation for the current and con- roSs^for reservdrs tingent expenses of the Indian Department, for fulfilling treaty on allotments, stipulations with various Indian tribes, and for other purposes, for the ' Vol. 35, p. 781. fiscal year ending June thirtieth, nineteen hundred and ten," approved March third, nineteen hundred and nine, which authorized the Secre- tary of the Interior to grant to railway companies lands in Indian reservations for reservoirs, material or ballast pits, or for the purpose of planting and growing trees to protect their lines of railway, be, and the same are hereby, extended and made applicable to any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation; that the damages and compensation to be paid to Compensation, any Indian allottee shall be ascertained and fixed in such manner as the Secretary of the Interior may direct and shall be paid by the railway company to said Secretary; that the damages and compen- sation paid to the Secretary of the Interior by the railway company Payment to al- taking any such land shall be paid by said Secretary to the allottee 'ottees. sustaining such damages. Approved, May 6, 1910. 173 REPORT OF THE COMMITTEE. 1 adjoining and parallel with its right of way, and shall not 2 exceed one hundred and fifty feet in width. All moneys paid 3 for such lands shall be deposited in the Treasury of the United 4 States to the credit of the tribe or tribes ; and the moneys re- 5 ceived by said Secretary as damages sustained by individual 6 members of the tribe, which shall be ascertained by said Sec- 7 retary and paid by the railway company taking such lands, 8 shall be paid by said Secretary to the Indian or Indians sus- 9 taining such damages. The provisions of this section shall 10 extend and apply to any lands which have been allotted in 11 severalty to any individual Indian under any law or treaty, 12 but which have not been conveyed to the allottee with full 13 power of alienation. The damages and compensation to be 14 paid to any Indian allottee shall be ascertained and fixed in 15 such manner as the Secretary of the Interior may direct and 16 shall be paid by the railway company to said Secretary; and 17 the damages and compensation paid to said Secretary by the 18 railway company taking such land shall be paid by the Sec- 19 retary .to the allottee sustaining such damages. [3 Mar., 20 1909, 35 Stat. L., 781, c. 263. 6 May, 1910, 36 Stat. L., 21 • 349, c. 204.] -rS^toon eTc^ ^^ ^^^' ^^^- "^^^ Secretary of the Interior is hereby pipe lines. 23 authorized and empowered to grant a right of way in the 24 nature of an easement for the construction, operation, and 25 maintenance of pipe lines for the conveyance of oil and gas 174 EXISTING LAW. Indian appropriation act of Mar. 2, 1917. That the following provision of the Act approved March eleventh, nineteen hundred and four (Thirty-third Statutes, page sixty-five), authorizing the Secretary of the Interior to grant rights of way across Indian lands for the conveyance of oil and gas, to wit: "No such lines shaE be constructed across Indian lands, as above mentioned, until authority therefor has first been obtained from, and the maps of definite location of said fines approved by, the Secretary of the Interior," be, and the same is hereby amended to read as follows: "Before title to rights of way appfied for hereunder shaU vest, maps of definite location shall be filed with and approved by the Secretary of the Interior: Provided, That before such approval the Secretary of the Interior may, under such rules and regulations as he may prescribe, grant temporary permits revocable in his discretion for the construction of such lines." SEC. 185. CHAP. 505. — ^An Act Authorizing the Secretary of the Interior to grant right of way Mar. 11, 1904. for pipe lines through Indian lands. 33 Stat L 65 Be it enacted by tJte Senate and House of Representatives of the United Indian lands. States of America in Congress assembled, That the Secretary of the "^'f^*^. °*i ^^^ Interior is herebv authorized and empowered to grant a right of way ^^ fines through'. in the nature of an easement for, the construction, operation, and maintenance of pipe lines for the conveyance of oil and gas through 175 REPORT OF THE COMMITTEE. 1 through any Indian reservation, through any lands held by an 2 Indian tribe or nation in the Indian Territory, through any 3 lands reserved for an Indian agency or Indian school, or for 4 other purpose in connection with the Indian service, or 5 through any lands which have been allotted in severalty to 6 any individual Indian under any law or treaty, but which 7 have not been conveyed to the allottee with full power of 8 alienation, upon the terms and conditions herein expressed. 9 Before title, to rights of way applied for hereunder shall vest, 10 maps of definite location shall be filed with and approved 11 by the Secretary of the Interior : Provided, That before such 12 approval the Secretary of the Interior may, under such rules 13 and regulations as he may prescribe, grant temporary permits 14 revocable in his discretion for the construction of such lines: 15 Provided further, That the construction of lateral lines from 16 the main pipe line establishing connection with oil and gas 17 wells on the individual allotments of citizens may be con- 18 structed without securing authority from the Secretary of the 19 Interior and without filing maps of definite location, when the 20 consent of the allottee upon whose lands oil or gas wells may 21 be located and of all other allottees through whose lands said 22 lateral pipe lines may pass has been obtained by the pipe line 23 company : Provided further, That in case it is desired to run a 24 pipe line under the line of any railroad, and satisfactory 25 arrangements can not be made with the railroad com- 17G EXISTING LAW. any Indian reservation, through any lands held by an Indian tribe or nation in the Indian Territory, through any lands reserved for an Indian agency or Indian school, or for other purposes in connection with the Indian service, or through any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of ahenation, upon the terms and conditions herein expressed. No such Secretary of In- . lines shall be constructed across Indian lands, as above mentioned, log^"^^^" approve until authority therefor has first been obtained from, and the maps of definite location of said lines approved by, the Secretary of the Inte- rior: Provided, That the construction of lateral hnes from the main Provisos. pipe line establishing connection with oil and gas wells on the indi- j^^ J^ateral pipe vidual allotments oif citizens may be constructed without securing authority from the Secretary of the Interior and without filing maps of definite location, when the consent of the allottee upon whose lands oil or gas wells may be located and of all other allottees through whose lands said lateral pipe lines may pass has been obtained by the pipe line company: Provided further, That in case it is desired to run a pipe line under the line of any railroad, and satisfactory arrange- Pipe lines laid ments can not be made with the railroad company, then the question i^^er railroads, shall be referred to the Secretary of the Interior, who shall prescribe the terms and conditions under which the pipe line company shall be permitted to lay its fines under said railroad. The compensation to be Compensation. paid the tribes in their tribal capacity and the individual allottees for such right of way through their lands shall be determined in such manner as the Secretary of the Interior may direct, and shall be subject to his final approval. And where such lines are not subject to Annual tax. State or Territorial taxation the company or owner of the line shall fay to the Secretary of the Interior, for the use and benefit of the ndians, such annual tax as he may designate, not' exceeding five dollars for each ten miles of line so constructed and maintained urider such rules and regulations as said Secretary may prescribe. But No exemption nothing herein contained shall be so construed as to exempt the ?'°™ State, etc., owners of such lines from the payment of any tax that may be law- fully assessed against them by either State, Territorial, or municipal authority. And incorporated cities and towns into and through Rights of incor- which such pipe lines may be constructed shall have the power to porated cities. regulate the manner of construction therein, and nothing herein con- tained shall be so construed as to deny the right of naunicipal taxation in such towns and cities, and nothing herein shall authorize the use of Use of right of such right of way except for pipe fine, and then only so far as may be ^^^ restricted, necessary for its construction', maintenance, and care: Provided, That Time limit, the rights herein granted shall not extend beyond a period of twenty years : Provided further, That the Secretary of the Interior, at the expiration of said twenty years, may extend the right to maintain any Extension. pipe line constructed under this act for another period not to exceed twenty years from the expiration of the first right, upon such terms and conditions as he may deem proper. 81830—17- REPORT OF THE COBIMITTEE. 1 pany, then the question shall be referred to the Secretary of 2 the Interior, who shall prescribe the terms and conditions 3 under which the pipe line company shall be permitted to lay 4 its lines under said railroad. The compensation to be paid 5 the tribes in their tribal capacity and the individual allottees 6 for sucb right of way through their lands shall be determined 7 in such manner as the Secretary of the Interior may direct, 8 and shall be subject to his final approval. Where such lines 9 are not subject to State or Territorial taxation the company or 10 owner of the line shall pay to the Secretar}^ of the Interior, 1 1 for the use and benefit of the Indians, such annual tax as he 12 may designate, not exceeding $5 for each ten miles of line so 13 constructed and maintained under such rules and regulations 14 as said Secretary may prescribe. But nothing herein con- 15 tained shall be so construed as to exempt the owners of such 16 lines from the pajrment of any tax that may be lawfully 17 assessed against them by either State, Territorial, or mu- 18 nicipal authority. Incorporated cities and towns into and 19 through which such pipe lines may be constructed shall have 20 the power to regulate the manner of construction therein, 21 and nothing herein contained shall be so construed as to deny 22 the right of municipal taxation in such towns and cities, and 23 nothing herein shall authorize the use of such right of way 24 except for pipe line, and then only so far as may be necessary 25 for its construction, maintenance, and care : Provided further, 178 EXISTING LAW. 179 REPORT OF THE COMMITTEE. 1 Th at the rights herein granted shall not extend beyond a period 2 of twenty years : Provided further, That the Secretary of the 3 Interior, at the expiration of said twenty years, may extend 4 the right to maintain any pipe line constructed under this 5 section for another period not to exceed twenty years from 6 the expiration of the first right, upon such terms and condi- 7 tions as he may deem proper, [11 Mar., 1904, 33 Stat. L., 8 65, c. 505, Mar. 2, 1917.| andrfpeaf. ''^^"^ ^ Sec. 186. Oougress reserves the right at any time to 10 alter, amend, or repeal the foregoing sections of this chapter, 11 or any portion thereof. [2 Mar., 1899, 30 Stat. L., 992, 12 c. 374, s. 8; 2 Supp., 968.] Rights of way for ^3 §^0. 187. The Secretary of the Interior is authorized telephone and tele- "^ graph lines. 14 and empowered to grant a right of way, in the nature of an 15 easement, for the construction, operation, and maintenance 16 of telephone and telegraph lines and offices for general tele- 17 phone and telegraph business through any Indian reservation, 18 through any lands held by an Indian tribe or nation in that 19 portion of the State of Oklahoma formerly known as the 20 Indian Territory, through any lands reserved for an Indian 21 agency or Indian school, or for other purpose in connection 22 with the Indian service, or through any lands which have 23 been allotted in severalty to any individual Indian under any 24 law or treaty, but which have not been conveyed to the 25 allottee with full power of alienation, upon the terms and 180 EXISTING LAW. SEC. 186. CHAP. 374. — An Act To provide for the acciuiring of riglits of way by railroad com- Mar. 2, 1899, 30 parties through Indian reservations, Indian lands, and Indian allotments, and for Stat. L., 992, s. 8. other purposes. Sec. S. That Congress hereby reserves the right at any time to alter, amend, or repeal this Act, or any portion thereof. SEC. 187. Indian appropriation act of Mar. 3, 1901, 31 Stat. L., 1083, c. 832, b. 3. Sec. 3. That the Secretary of the Interior is hereby authorized and Secretary of In- empowered to grant a right of way, in the nature of an easement, for ^^^I ^^ grant the construction, operation, and maintenance of telephone and tele- t^gp^jj^^gg^^^gtc"'^ graph lines and offices for general telephone and telegraph business through ' Indian through any Indian reservation, through any lands held by an Indian reservations, etc. tribe or nation in the Indian Territory, through any lands reserved for an Indian agency or Indian school, or for other purpose iu connection with the Indian service, or through any lands which nave been allotted in severalty to any individual Indian imder any law or treaty, but which have not been conveyed to the aUottee with full power of ahen- ation, upon the terms and conditions herein expressed. No such lines shall be constructed across Indian lands, as above mentioned, until authority therefor has first been obtained from the Secretary of the Interior, and the maps of definite location of the lines shall be subject to his approval. The compensation to be paid the tribes, in their — damages, tribal capacity and the individual allottees for such right of way through their lands shall be determined in such manner as the Secre- tary of the Interior may direct, and shall be subject to his final approval; and where such lines are not subject to vState or Territorial taxation the company or owner of the Une shall pay to the Secretary of the Annual tax. Interior, for the use and benefit of the Inaians, such annual tax as he may designate, not exceeding five dollars for each ten miles of line so constructed and maintained; and all such lines shall be constructed and maintained under such rules and regulations as said Secretary may Regulations, prescribe. But nothing herein contained shall be so construed" as to No exemption exempt the' owners of such lines from the payment of any tax that ^^°^ ^*^*® *^^- may be lawfully assessed against them by either State, Territorial, or 181 REPORT OF THE COMBIITTEE. 1 conditions herein expressed. No such lines shall be con- 2 structed across Indian lands, as above mentioned, until 3 authority therefor has first been obtained from the Secretary of 4 the Interior, and the maps of definite location of the lines shall 5 be subject to his approval. The compensation to be paid the 6 tribes in their tribal capacity and the individual allottees for 7 such right of way through their lands shall be determined in 8 such manner as the Secretary of the Interior may direct, and 9 shall be subject to his final approval; and where such lines 10 are not subject to State or Territorial taxation the company 11 or owner of the line shall pay to the Secretary of the Interior, 12 for the use and benefit of the Indians, such annual tax as he 13 may designate, not exceeding $5 for each ten miles of line so 14 constructed and maintained ; and all such lines shall be con- 15 structed and maintained under such rules and regulations as 16 said Secretary may prescribe. But nothing herein 'contained 17 shall be so construed as to exempt the owners of such lines 18 from the payment of any tax that may be lawfully assessed, 19 against them by either State, Territorial, or municipal author- 20 ity; and Congress hereby expressly reserves the right to 21 regulate the tolls or charges for the transmission of messages 2 2 over any lines constructed under the provisions of this chapter : 23 Provided, That incorporated cities and towns into or through 24 which such telephone or telegraph lines may be constructed 25 shall have the power to regulate the manner of construction 18!? EXISTING LAW. municipal authority; and Congress hereby expressly reserves the right Regulating tolls to regulate the tolls or charges for the transmission of messages over "^^^^j^;^^' .{ towns any Imes constructed under the provisions of this Act; Provided, That online of construc- incorporated cities and towns into or through wliich such telephone or tion. telegraphic lines may be constructed shall have the power to regulate the manner of construction therein, and nothing herem contained shall be so construed as to deny the right of municipal taxation in such towns and cities. * * * 183 REPORT OF THE COMMITTEE. 1 therein, and nothing herein contained shall be so construed 2 as to deny the right of municipal taxation in such towns and 3 cities. [3 Mar., 1901, 31 Stat. L., 1083, c. 832, s. 3 ; 2 Supp., 4 1538.] for^JuWi^^eiTf 5 ^.^C- IS^- Lands allotted in severalty to Indians may lands allotted in severalty. q ^yQ condemned for any public purpose under the laws of the 7 State or Territory where located, in the same manner as land 8 owned in fee may be condemned, and the money awarded as 9 damages shall be paid to the allottee. [3 Mar., 1901, 31 10 Stat. L., 1083, c. 832, s. 3; 2 Supp., 1538.] through ^ ^indfan H ^EC. 189. The Secretary of the Interior is authorized, to lands. 12 grant permission, upon compliance with such requirements 13 as he may deem necessary, to the proper State or local authori- 14 ties for the opening and establishment of public highways, in 15 accordance with the laws of the State or Territory in which 16 the lands are situated, through any Indian reservation or 17 through any lands which have been allotted in severalty to 18 any individual Indians under^any laws or treaties, but which 19 have not been conveyed to the allottees with full power of 20 alienation. [3 Mar., 1901, 31 Stat. L., 1084, c, 832, s. 4; 2 21 Supp., 1538.] 184 EXISTING LAW SEC. 188. Indian appropriation act of Mar. 3, 1901, 31 Stat. L., 1083, c. 382, s. 3. * * * That lands allotted in severalty to Indians may be con- Condemnation of damned for any public purpose imder the laws of the State or Ter- ^^^^^ allotted in •, 1 Tij-ii-*^ Tj j-j severalty autnor- ntory wnere located m the same manner as land owned m lee may ^^ed. be condemned, and the money awarded as damages shall be paid to the allottee. SEC. 189. Indian appropriation act of Mar. 3, 1901, 31 Stat. L., 1083, c. 382, s. 4. Sec. 4. That the Secretary of the Interior is hereby authorized to Secretary of In- grant permission, upon compHance with such requirements as he may tenor may grant 5 1 ii. Oi i 1 1 A -i.- J? ii, permoBBion to open deem necessary, to the proper State or local authorities tor the open- Whways through ing and estabhshment of pubhc highways, in accordance with the Indian reserva- laws of the State or Territory in which the lands are situated, through tions, etc. any Indian reservation or through any lands which have been al- lotted in severalty to any individual Indians under any laws or treaties butjjwhich have not been conveyed to the allottees with full power of alienation. 185 REPORT OF THE COM3IITTEE. Chapter Seven, ALLOTMENT OP LANDS. Soc. 190. Allotments of lands on Indian reserva- tions. 191. Selection of allotments. 192. Allotments to be made by special agents. 193. Indians not on reservations may make selections. 194. United States to hold allotments in trust for twenty-five years. 195. When allottees subject to laws of State or Territory; Indians deemed citizens of United States; patents may be issued, when. 196. Indian allotments may be sold; con- ditions and exceptions. 197. Noncompetent Indian may sell allot- ment or inherited interest; proceeds, how disposed of. 198. Payment of taxes from share of allottee in tribal funds. 199. Indian trust allotments; disposal of to heii's of intestate Indians. 200. Administration of oaths in heirship cases. 201. Compulsory attendance of witnesses at hearings to determine heirs. 202. Indian trust allotments; may be dis posed of by will; approval required; not to apply to Osage Indians nor Five Civilized Tribes. 203. Indian trust allotments; may be sur- rendered to children. 204. Indian trust allotments; may be leased not to exceed five years. 205. Inducing Indians to convey, etc., trust lands, etc.; penalty. 206. Indians dying without heirs; cancella tion of patents for allotments. 207. Allotments to Indians living in Nationa Forests. 208. Indian reservations; reservation of power and reservoir sites. 209. Trust allotments; patents for, in power and reservoir sites may be cancelled. Soc. 210. Use of water for irrigation. 211. Provisions not to extend to certain tribes. 212. Appropriation for surveys to be refunded. 213. Rights of way not affected. 214. Lands and trust funds not liable for prior debts. 215. Interest on funds held for minors. 216. Sales of lands within reclamation proj- ects. 217. Removal of Southern Utes not affected. ' 218. Indians may surrender patents. 219. Certain allotments may be increased. 220. Exchange of lands unsuitable for allot- ment purposes. 221. Lease of allotments for mining purposes. 222. Sales of timber on trust allotments; dis- position of proceeds. 223. Leases of allotments when allottee is in- capacitated. 224. Indians entitled to allotment may make selection of public lands. 225. When children deemed legitimate. 226. Protection of Indians desiring civilized life. 227. Indian trespassing upon lands of civilized Indians. 228. Suspension of chief for trespass. 229. Sale of allotted lands by heirs of deceased Indians. 230. Claimants of allotments may sue in dis- trict courts. 23J. Proceedings in such cases. 232. Correction of errors in allotments. 233. Lease of irrigable allotted lands on Uintah and Uncompahgre reservations. 234. Lease of irrigable allotted lands on Sho- shone or Wind River reservation. 235. Yakima Indian Reservation; sale of in- terest of minor in lands. Allotments of lands on Indian reservations. Matter of Heft, 197 U. S., 488. Heckman v. U. S., 224 U. S., 413; Mullen V. Sim- mons, 234 U. S., 192; Monson v. Simonson, 231 U. S., 341. 1 Sec. 190. In all cases where any tribe or band of 2 Indians has been, or shall hereafter be, located upon any 3 reservation created for their use, by treaty stipulation, Act of 4 Congress, or executive order, the President shall be authorized 5 to cause the same or any part thereof to be surveyed or resur- 6 veyed whenever in his opinion such reservation or any part 186 EXISTING LAW. SEC. 190. CHAP. 119.— An Act To provide for the allotment of lands in severalty to Indians on Feb. 8, 1887, 24 the various reservations, and to extend the protection of the laws of the United Stat. L., 388, s. 1. States and the Territories over the Indians, and for other purposes. Be it enacted hy the Senate and Rouse of Representatives of the United . President author- States of America in Congress assembled, That in all cases where any ?^®*^ *° ^\t°\ 'T*^ tribe or band of Indians has been, or shall hereafter be, located upon diajw'^oDL reserva- any reservation created for their use, either by treaty stipulation or by tions. virtue of an act of Congress or executive order setting apart the same, for their use, the President of the United States be, ana he hereby is, authorized,whenever in his opinion any reservation or any part thereof of such Indians is advantageous for agricultural and grazing purposes, to cause said reservation, or any part thereof, to be surveyed, or resur- veyed if necessary, and to allot the lands in said reservation in sever- alty to any Indian located thereon in quantities as follows: Distribution. To each head of a family, one-quarter of a scetion; To each single person over eighteen years of age, one-eighth of a sec- tion; To each orphan child under eighteen years of age, one-eighth of a section; and To each other single person under eighteen years now living, or who may be born prior to the date of the order of the President directing an allotment of the lands embraced in any reservation, one-sixteenth of a section : Provided, That in case there is not sufficient land in any of said Proi'isos. reservations to allot lands to each individual of the classes above Allotment pro- named in quantities as above provided, the lands embraced in such ''^*5 .^ lands in- reservation or reservations shall be allotted to each individual of each ^^ '^^^^ ' of said classes pro rata in accordance with the provisions of this Act: And provided further. That where the treaty or act of Congress setting Allotment by apart such reservation provides for the allotment of lands in severalty *'"6aty or act not in quantities in excess of those herein provided, the President, in mak- ing allotments upon such reservation, shall allot the lands to each indi- vidual Indian belonging thereon in quantity as specified in such treaty or act : And provided further, That when the lands allotted are only Additional allot- valuable for grazing purposes, an additional allotment of such grazing ™®'^* °t jands fit lands, in quantities as above provided, shall be made to each indi- °^ S^azing on y. vidual. CHAP. 383. — ^An Act To amend and further extend the benefits of the act approved Feb. 28, 1891, 26 February eighth, eighteen hundred and eighty-seven, entitled "An Act to provide Stat. L., 794, s. 1. for the allotment of land in severalty to Indians on the various reservations, and to extend the protection of the laws of the TJnited States over the Indians, and for other purposes." Beit enxictedlyy the Senate and House of Representatives of the United Allotment of States of America in Congress ossem&W, . That section one of the act j^4™^®^®'?'ltyt° entitled "An act to provide for the allotment of lands in severalty r^ser\^ons etc^*^ to Indians on the various reservations, and to extend the protection of the laws of the United States and the Territories over the Indians, ' 187 REPORT OF THE COBIMITTEE. 1 thereof may be advantageously utilized for agricultural or 2 grazing purposes by such Indians, and to cause allotment to 3 each Indian located thereon to be made in such areas as in his 4 opinion may be for their best interest, not exceeding eighty 5 acres of agricultural or one hundred and sixty acres of grazing 6 land to any one Indian. And whenever it shall appear to 7 the President that lands on any Indian reservation subject to 8 allotment by authority of law^ have been or may be brought 9 v^rithin any irrigation project, he may cause allotments of such 10 irrigable lands to be made to the Indians entitled thereto in 11 such areas as may be for their best interest, not to exceed, 12 however, forty acres to any one Indian, and such irrigable land , 13 shall be held to be equal in quantity to twice the number of 14 acres of non irrigable agricultural land and four times the num- 15 her of acres of nonirrigable grazing l^nd : Provided, That the 16 remaining area to which any Indian may be entitled under 17 existing law after he shall have received his proportion of 18 irrigable land on the basis of equalization herein established 19 may be allotted to him from nonirrigable agricultural or graz- 20 ing lands : Provided further, That where a treaty or Act of 21 Congress setting apart such reservation provides for allot- 22 ments in severalty in quantity greater or less than that herein 23 authorized, the President shall cause allotments on such 24 reservations to be made in quantity as specified in such treaty 25 or Act subject, however, to the basis of equalization between 188 EXISTING LAW. and for other purposes," approved February eighth, eighteen hun- Vol. 24, p. 388, dred and eighty-seven, be, and the same is hereby, amended so as to amended, read as follows : "Sec. 1. That in aU cases where any ti-ibe or band of Indians has been, or shall hereafter be, located upon any reservation created for their use, either by treaty stipulation or by virtue of an Act of Con- gress or Executive order setting apart the same for their use, the President of the United States be, and he hereby is, authorized whenever in his opinion any reservation, or any part thereof, of such Indians is advantageous for agricultural or grazing pm-poses, to To each located cause said reservation, or any part thereof, to be siu-veyed, or resur- Indian one-eighth veyed, if necessary, and to aQot to each Indian located thereon one- ° eighth of a section of land^: Provided, That in case there is not suf- Provisos. ficient land in any of said reservations to allot lands to each individ- Allotment pro ual in q^uantity as above provided the land in such reservation or L^*?'' ^* '^""^^ ^^^^i reservations shall be allotted to each individual pro rata, as near as 8ubdi\T[sions.'^ ° may be, according to legal subdivisions: Provided further, That Allotment by where the treaty or act of Congress setting apart such reservation treaty or act, not provides for the allotment of lands in severalty to certain classes in reduced, quantity in excess of that herein provided the President, in making allotments upon such reservation, shall allot the land to each indi- vidual Indian of said classes belonging thereon in quantity as speci- fied in such treaty or act, and to other Indians belonging thereon in .To other In- quantity as herein- provided : Proiided further, That where existing '^^^j agreements or Jaws provide for allotments in accordance with the a„rp/j^e^^ ^f provisions of said act of February eighth, eighteen hundred and isws. eighty-seven, or in quantities substantially as therein provided, allot- Vol. 24, p. 388. ments may be made jn quaiatity as specified in this act, with the con- sent of the Indians, expressed in such manner as the President, in his discretion, may require: And j^rovided further, That when the Double, allot- lands allotted, or any legal subdivision thereof, are only valuable for ™sn*s 9^ lands fit grazing purposes, such lands shall be allotted in double quantities." °''Sra^ingo y. CHAP. 431. — An Act To provide for determining the heirs of deceased Indians, for June 25, 1910, the disposition and sale of allotments of deceased Indians, for the leasing of allot- 36 Stat. L., 859, s. ments, and for other purposes. 17. Sec. 17. That so much of the Indian appropriation Act for the Issue of allot- fiscal year nmeteen himdred and ten, approved March third, nineteen ™ents to Indians hmidred and nine, as read as follows, to wit: "That the Secretary of peSel. """^^ ^^' the Interior be, and he hereby is, authorized, under the du-ection of Vol. 35, p. 782. the President, to allot any Indian on the public domain who has not heretofore received an allotment, in such areas as he may deem proper, not to exceed, however, eighty acres of agricultural or one hundred and sixty acres of grazing land to any one Indian, such allotment to be made and patent tnerefor issued in accordance with the pro- visions of the Act of February eighth, eighteen hundred and cignt}"- seven," be, and the same is hereby, repealed, and sections one and Lands in sever- four of the Act of February twenty-eighth, eighteen hmidred and "^^ *.>'•. ninety-one (Twenty sixth Statutes, page seven hundred ninety-four), 795 ° ' " ' ^^' be, and the same are hereby, amended to read as foUows: •'Sec. 1. That in aU cases where any tribe or band of Indians has Allotments on been or shall hereafter be located upon any reservation created f or '■^^^^'Y^^jons. their use by treaty stipulation. Act of Congress, or Executive order, amended ' ^' ' the President shall be authorized to cause the same or any part thereof to be sm-veyed or resurveyed whenever in his opinion such reservation or any part thereof may be advantageously utilized for agricultural or grazing purposes by such Indians, and to cause allotment to each Area increased. Indian located thereon to be made in such areas as in his opinion may be for their best interest not to exceed eighty acres of agricultural or one hundred and sixty acres of grazing land to any one Indian. And Ip irrigation whenever it shall appear to the President that lands on any Indian Projects. reservation subject to allotment by authority of law have been or may be brought within any irrigation project, he may cause allot- ments of such irrigable lands to be made to the Indians entitled 189 REPORT OF THE COMMITTEE. 1 irrigable and iionirrigable lands established herein, but in 2 such cases allotments may be made in quantity as specified in 3 this section, with the consent of the Indians expressed in 4 such manner as the President in his discretion may require. 5 [8 Eeb., 1887, 24 Stat. L., 388, c. 119, s. 1. 28 Feb., 1891, 6 26 Stat. L., 794, c. 383, s. 1 ; 1 Supp., 897. 25 June, 1910, 7 36 Stat. L., 859, c. 431, s. 17.J lotmlnte'"'' °^ ^^" ^ Sec. 191. All allotments set apart under the provisions 18 A.' G. Op., ^^^' 9 of this chapter shall be selected by the Indians, heads of 10 families selecting for their minor children, and the agents 11 shall select for each orphan child, and in such manner as to 12 embrace the improvements of the Indians making the selec- 13 tion. Where the improvements of two or more Indians 14 have been made on the same legal sub-division of land, 15 unless they shall otherwise agree, a provisional line may be 16 run dividing said lands between them, and the amount to 17 which each is entitled shall be equalized in the assignment 18 of the remainder of the land to which they are entitled under 19 this cJiaper: Provided, That if anyone entitled to an allot- 20 ment shall fail to make a selection within four years after 21 the President shall direct that allotments may be made on a '22 particular reservation, the Secretary of the Interior may 23 direct the agent of such tribe or band, if such there be, and 24 if there be no agent, then a special agent appointed for that 25 purpose, to mak,e a selection for such Indian, which selection lt)0 EXISTING LAW. thereto in such areas as may be for their best interest not to exceed, however, forty acres to any one Indian, and such irrigable land shall be held to be equal in quantity to twice the number of acres of non- irrigable agricultural land and four times the number of acres of non- irrigable grazing land: Provided, That the remaining area to which Provkos any Indian may be entitled imder existing law after he shall have ^^^-^j^^^y^ ^^^^^^ received his proportion of irrigable land on the basis of equalization """"^^ herein estabhshed may be allotted to him from nonirrigable agricul- tural or grazing lands: Provided further, That where a treaty or Act Treaty allot- of Congress setting apart such reservation provides for allotments in ^ente. severalty in quantity greater or less than that herein authorized, the President shall cause allotments on such reservations to be made in quantity as specified in such treaty or Act subject, however, to the basis of equalization between irrigable and nonirrigable lands estab- lished herein, but in such cases aflotments may be made in quantity as specified in this Act, with the consent of the Indians expressed in such manner as the President in his discretion may require." SEC. 191. CHAP. 119. — An Act To provide for the allotment of lands in severalty to Indians on Feb. 8, 1887, 24 the various reservations, and to extend the protection of the laws of the United Stat. L., 388, a. 2. States and the Territories over the Indians, and for other purposes. Sec. 2. That all allotments set apart under the provisions of this act Selection of al- shall be selected by the Indians, heads of families selecting for their 'otinents. minor children, and the agents shall select for each orphan child, and in such manner as to embrace the improvements of the Indians making the selection. Where the improvements of two or more Indians have Improvements. been made on the same legal subdivision of land, unless they shall otherwise agree, a provisional fine may be run dividing said lands between them, and the amount to which each is entitled shall be equalized in the assignment of the remainder of the land to which they are entitled under this act : Provided, That if any one entitled to an Proviso. allotment shall fail to make a selection within four years after the On failure to se- President shall direct that allotments may be made on a particular g^'^* ^f^ ^°^?" 7®+?' reservation, the Secretary of the Interior may direct the agent of such interior may direct tribe or band, if such there be, and if there be no agent, then a special selection. agent appointed for that purpose, to make a selection for such Indian, which election shall be allotted as in cases where selections are made by the Indians, and patents shall issue in like manner. 191 REPORT OF THE COMMITTEE, / 1 shall be allotted as in cases where selections are made by 2 the Indians, and patents shall issue in like manner. [8 Feb., 3 1887, 24 Stat. L., 388, c. 119, s^. 2 ; 1 Supp., 534.], ma^de°*by"da1 ^ Sec. 192. The allotments provided for in this chapter agents. Eeiis V. Robs, 64 5 shall be made by special ag'ents appointed by the President Fed. Rep., 419; 19 J 1 to rr J A. G. Op., 14. 6 for such purpose, and the superintendents or agents in 7 charge of the respective reservations on v^hich the allot- 8 ments are directed to be made, or, in the discretion of the 9 Secretary of the Interior, such allotments may be made by 10 the superintendent or agent in charge of such reservation, 11 under such rules and regulations as the Secretary of the 12 Interior may from time to time prescribe, and shall be cer- 13 tified by such special alloting agents, superintendents, or 14 agents to the Commissioner of Indian Affairs, in duplicate, 15 one copy to be retained in the Indian Office and the other to 16- be transmitted to the Secretary of the Interior for his action, 17 and to be deposited in the General Land Office. [8 Eeb., 18 1887, 24 Stat. L., 389, c. 119, s. 3 ; 1 Supp.,. 534. 25 June, 19 1910, 36 Stat. L., 858, c. 431, s. 9.J Indians not on 20 Sec. 193. Where any Indian not residing upon a reser- reservations may make selections. Matter of Heff, 21 vation, or for whose tribe no reservation has been provided 197 U. S., 488; 19 p., 161. 22 by treaty. Act of Congress or Executive order, shall make 23 settlement upon any surveyed or unsurveyed lands of the 24 United States not otherwise appropriated, he or she shall be 25 entitled, upon application to the local land office for the dis- 193 EXISTING LAW. SEC. 192. CHAP. 119.' — An Act To provide for the allotment of lands in severalty to Indians Feb. 8, 1887, 24 on the various reservations, and to extend the protection of the laws of the United Stat. L. , 389, s. 3. States and the Territories over the Indians, and for other purposes. Sec. 3. That the allotments provided for in this Act shall be made Allotments to be by special agents appointed by the President for such purpose,' and ™g^^ ^J^ iS^an the agents in charge of the respective reservations on which the agents. ' allotments are directed to be made, under such rules and regulations as the Secretary of the Interior may from time to time prescribe and shall be certified by such agents to the Commissioner of Indian Certificates. Affairs, in duphcate, one copy to be retained in the Indian Ofhce and the other to be transmitted to the Secretary of the Interior for his action, and to be deposited in the General Land Office. CHAP. 431. — ^An Act To provide for determining the heirs of deceased Indians, for June 25, 1910, 36 the disposition and sale of allotments of deceased Indians, for the leasing of allot- Stat. L., 858, c. ments, and for other purposes. 431, s. 9. Sec. 9. That section three of the Act entitled "An Act to provide Lands in sever- for the allotment of lands in severalty to Indians on the various reser- ^^ ^24v^S89 vations, and to extend the protection of the laws of the United States amended.' ' and the Territories over the Indians, and for other purposes," approved February eighth, eighteen hundred and eighty-seven (Twenty-fourth Statutes at Large, page three hundred and eighty- eight), be, and the same hereby is, amended to read as follows: " Sec. 3. That the allotments provided for in this Act shall be made Allotmenfa to be by special agents appointed by the President for such purpose, and ^^^^ and^^eser- the superintendents or agents in charge of the respective reservations vation agent. on which the allotments are directed to be made, or, in the discretion of the Secretary of the Interior, such allotments may be made by the superintendent or agent in charge of such reservation, under such By reservation rules and regulations as the Secretary of the Interior may from time agent alone, to time prescribe, and shall be certified by such special aUoting agents, Certificates, superintendents, or agents to the Commissioner of Indian Affairs, in duplicate, one copy to be retained in the Indian Office and the other to be transmitted to the Secretary of the Interior for his action, and to be deposited in the General Land Office." SEC. 193. CHAP. 119. — An Act To provide for the allotments in severalty to Indians on the Feb. 8, 1887, 24 various reservations, and to extend the protection of the laws of the TTnited States Stat. L., 389, c. and the Territories over the Indians, and for other purposes. 119, s. 4. Sec. 4. That where any Indian not residing upon a reservation, Indians not on or for whose tribe no reservation has been provided by treaty, -A-ct ^^^""^^^^^^g^' ^Jf^^; of Congress, or executive order, shall make settlement upon any ^i on of public surveyed or unsurveyed lands of the United States not otherwise lands. appropriated, he or she shall be entitled, upon application to the local land office for the district in which the lands are located, to to have the same allotted to him or her, and to his or her children, in quantities and manner as provided in this Act for Indians residing upon reservations; and when such settlement is made upon unsur- 81S39— IT 13 193 REPORT OF THE COMMITTEE. 1 trict in which the lands are located, to have the same allotted 2 to him or her, and to his or her children, in quantities and 3 manner as provided in this chapter for Indians residing upon 4 reservations ; and when such settlement is made upon unsur- 5 veyed lands, the grant to such Indians-shall be adjusted upon 6 the survey of the lands so as to. conform thereto ; and patents 7 shall be issued to them for such lands in the manner and with 8 the restrictions as herein provided. The fees to which the 9 officers of such local land office would have been entitled had 10 ?uch lands been entered under the general laws for the dis- 11 position of the public lands shall be paid to them, from any 12 moneys in the Treasury of the United States not otherwise 13 appropriated, upon a statement of an account in their behalf 14 for such fees by the Commissioner of the General Land Office, 15 and a certification of such account to the Secretary of the 16 Treasury by the Secretary of the Interior. [8 Feb., 1887, 17 24 Stat. L., 389, c. 119, s. 4; 1 Supp., 534.] United states to 18 Sec. 194. Upou the approval of the allotments pro- hold allotments in •*■ trust for twenty- five years. xg yidod for in this chapter by the Secretary of the Interior, he V.S.v. Rickert, IQQ TT Q 4S2' Matter of Heff, 197 20 shall cause patents to issue therefor in the name of the allot- U. S., 488; Beck u. Stock Co., 65 Fed. 21 tccs, wMch patcnts shall be of the legal effect, and declare Rep., 30; U. S. ii. o 7 Kopp, 110 Fed. l?ya:,"?i6^Fed: ^2 that the United States does and will hold the land thus Rep.,' 879; Finley nef^'ni-v.lv. 23 allotted, for the period of twenty-five years, in trust for the Gardner, 133 Fed. ^ op^,'232,'559;'26 24 sole use and benefit of the Indian to whom such allotment A. G. Op., 42, 25 shall have been made, or, in case of his decease, of his heirs 194 EXISTING LAW. veyed lands, the grant to such Indians shall be adjusted upon the survey of the lands so as to conform thereto; and patents shall be issued to them for such lands in the manner and with the restrictions as herein provided. And the fees to which the officers of such local Fees to be paid land office would have been entitled had such lands been entered ^°™ *^® Treas- under the general laws for the disposition of the pubMc lands shall ^^' be paid to them from any moneys in the Treasury of the United States not otherwise appropriated, upon a statement of an accoimt in their behalf for such fees by the Commissioner of the General Land Office, and a certification of such account to the Secretary of the Treasury by the Secretary of the Interior. SEC. 194. CHAP. 119. — An Act To provide for the allotments of lands in severalty to Indians Feb. 8, 1887, 24 on the various reservations, and to extend the protection of the laws of the United Stat. L., 389, s. 5. States and the Territories over the Indians, and for other purposes. Sec. 5. That upon the approval of the allotments provided for in this act by the Secretary of the Interior, he shall cause patents to Patent to issue, issue therefor in the name of the allottees, which patents shall be of the legal effect, and declare that the United States does and wiU hold the land thus allotted, for the pferiod of twenty-five years, ia trust for To be held in the sole use and benefit of the Indian to whom such allotment shall *''^^*- have been made, or, in case of his decease, of his heirs according to the laws of the State or Territory where such land is located, and that at the expiration of said period the United States will convey the same Conveyance in by patent to said Indian, or his heirs as aforesaid, in fee, discharged of ^ee after 25 years. said trust and free of all charge or incumbrance whatsoever: Pro- . ™™*°*- vided, That the President of the United States may in any case in his discretion extend the period. And if any conveyance shall be made Period may be of the lands set apart and allotted as herein provided, or any con- extended, tract made touching the same, before the expiration of the time above 195 REPORT OF THE COMMITTEE. 1 according to the laws of the State or Territory where such 2 land is located, and that at the expiration of said period the 3 United States will convey the same by patent to said Indian, 4 or his heirs as aforesaid, in fee, discharged of said trust and 5 free of all charge or incumbrance whatsoever : Provided, That 6 prior to the expiration of the trust period of any Indian allot- 7 tee to whom a trust or other patent containing restrictions 8 upon alienation has been or shall be issued under any law or 9 treaty, the President may, in his discretion, continue such 10 restrictions on alienation for such period as he may deem best ; 11 but this proviso shall not apply to lands in that part of 12 Oklahoma which was formerly the Indian Territory. If any 13 conveyance shall be made of the lands set apart and allotted 14 as provided in this chapter, or any contract made touching 15 the same, before the expiration of the trust period or any 16 extension thereof, such conveyance or contract shall be abso- 17 lutely null and void : Provided further, That the law of 18 descent and partition in force in the State or Territory where 19 such lands are situate shall apply thereto after patents there- 20 for have been executed and delivered, except as herein other- 21 wise provided ; and the laws of the State of Kansas regulating 22 the descent and partition of real estate shall, so far as prac- 23 ticable, apply to all lands in that part of Oklahoma 24 which was formerly the Indian Territory which may be 25 allotted in severalty under the provisions of this chapter: 26 Provided further, That at any time after lands have been 196 EXISTING LAW. mentioned, such conveyance or contract shall be absolutely null and void: Provided, That the law of descent and partition in force in the Laws 9f descent State or Territory where such lands are situate shall apply thereto ^'^'^ P^*^*^°'^- after patents therefor have been executed and dehvered, except as herein otherwise provided; and the laws of the State of Kansas regu- lating the descent and partition of real estate shall, so far as prac- _ ticable, apply to all lands in the Indian Territory which may be al- ' lotted in severalty under the provisions of this Act: And -provided further, That at any time after lands have been allotted to all the Indians of any tribe as herein provided, or sooner if in the opinion of the President it shall be for the best interests of said tribe, it shall be lawful for the Secretary of the Interior to negotiate with such Indian Negotiations for tribe for the purchase and release by said tribe, in conformity with P^f'^^w j°^ ^^^"^^ the treaty or statute under which such reservation is held, of such°° portions of its reservation not allotted as such tribe shall, from time to time, consent to seU, on such terms and conditions as shall be con- sidered just and equitable between the United States and said tribe of Indians, which purchase shall not be complete until ratified by Con- gress, and the form and manner of executing such release shall also be prescribed by Congress: Provided however. That aU lands adapted to Lands so bought agriculture, with or without irrigation so' sold or released to the *° \^ ^.j *?/ ^'^' tJnited States by any Indian tribe shall be held by the United States ^^_ ^ for the sole purpose of securing homes to actual settlers and shaU be disposed of by the United States to actual and bona fide settlers only in tracts not exceeding one hundred and sixty acres to any one person, on such terms as Congress shall prescribe, subject to grants which Con- gress may make in aid of education: And provided further, That no patents shall issue therefor except to the person so taking the same as Patent to issue and for a homestead, or his heirs, and after the expiration of five years ° i ^ *° person occupancy thereof as such homestead; and any conveyance oi said gteadr lands so taken as a homestead, or any contract touching the same, or lien thereon, created prior to the date of such patent, shall be null and void. And the sums agreed to be paid by the United States as purchase money for any portion of any such reservation shall be held Purchase money m^the Treasury of the United States for the sole use of the tribe or *^j,^j.^^«^^g^° *™=* tribes of Indians; to whom such reservations belonged; and the same, with interest thereon at three per cent per annum, shall be at all times subject to appropriation by Congress for the education and civiUzation of such tribe or tribes of Indians or the members thereof. The patents aforesaid shall be recorded in the General Land Office, and afterward dehvered, free of charge, to the allottee entitled thereto. And if any rehgious society or other organization is now . Religious organ- occupying, any of the public lands to which this act is apphcable, for i^ations. religious or educational work among the Indians, the Secretary of the Interior is hereby authorized to confirm such occupation to such society or organization, in quantity not exceeding one hundred and sixty acres in any one tract, so long as the same shall be so occupied, on such terms as he shall deem just; but nothing herein contained shah change or alter any claim of such society for religious or educational purposes heretofore granted by law. And hereaiter in the employ- ment of Indian pohce, or any other employee in the pubhc service Indians select- among any of the Indian tribes or bands affected by this Act, and ^j^S l^ds^J° ^^^J^- where Indians can perform the duties required, -those Indians who etc. ' have availed themselves of the provisions of this Act and become citi- zens of the United States shall be preferred. Indian appropriation Act of June 21, 1906, 34 Stat. L., 326, c. 3504. That prior to the expiration of the trust period of any Indian allot- . Continuing al- tee to whom a trust or other patent containing restrictions upon^^^^°° restne- alienation has been or shall be issued under any law or treaty the Proviso. President may in his discretion continue such restrictions on aliena- Indian Territory tion for such period as he may deem best: Provided, however, That excepted, this shall not apply to lands in the Indian Territory. 197 REPORT OF THE COMMITTEE. 1 allotted to all the Indians of any tribe as herein provided, or 2 sooner if in the opinion of the President it shall be for the best 3 interests of said tribe, it shall be lawful for the Secretary of the 4 Interior to negotiate with such Indian tribe for the purchase 5 and release by said tribe, in conformity with the treaty or stat- 6 ute under which such reservation is held, of such portions of its 7 reservation not allotted as such tribe shall, from time to time, 8 consent to sell, on such terms and conditions as shall be consid- 9 ered just and equitable between the United States and said tribe 10 of Indians, t\ hich purchase shall not be complete until ratified 11 by Congress, and the form and manner of executing such 12 release shall also be prescribed by Congress : Provided how- Id ever, That all lands adapted to agriculture, with or without 14 irrigation, so sold or released to the United States by any 15 Indian tribe shall be held by the United States for the sole 16 purpose of securing homes to actual settlers and shall be dis- 17 posed of by the United States to actual and bona fide settlers 18 only, in tracts not exceeding one hundred and sixty acres to 19 any one person, on such terms as Congress shall prescribe, 20 subject to grants which Congress may make in aid of educa- 21 tion : And provided further , That no patents shall issue tbere- 22 for except to the person so taking the same as and for a home- 23 stead, or his heirs, and after the expiration of five years 24 occupancy thereof as such homestead ; and any conveyance of 25 said lands so taken as a homestead, or any contract touching 198 EXISTING t ® °- ment may be canceled and other unappropriated, unoccupied, and unreserved land of equal area, within the ceded portions of the reser- vation upon which such Indian belongs, allotted to him upon the same terms and with the same i*estrictions as the original allotment, and Restriction, lands described in any such canceled allotment shall be disposed of as other ceded lands of such reservation. This provision shall not apply to the lands formerly comprising Indian Territory. The Secre- Regulations, tary of the Interior is authorized to prescribe rules and regulations to carry this law into effect. 235 REPORT OF THE COMMITTEE. 1 tion upon which such Indian belongs, allotted to him upon 2 the same tenns and with the same restrictions as the original 3 allotment, and lands described in any such canceled allotment 4 shall be disposed of as other ceded lands of such reservation. 5 This provision shall not apply to the lands formerly comprising 6 Indian Territory. The Secretary of the Interior is authorized 7 to prescribe rules and regulations to carry this law into effect. 8 ' [3 Mar., 1909, 35 Stat. L., 784, c. 263.] Lease of allot- 9 Sec. 221. All lauds allotted to Indians in severalty, ments for mining ■ ■' ' purposes. 10 except allotments made to members of the Five Civilized 11 Tribes and Osage Indians in Oklahoma, may by said allottee 12 be leased for mining purposes for any term of years as may 13 be deemed advisable by the Secretary of the Interior; and 14 the Secretary of the Interior is hereby authorized to perform 15 any and all acts and make such rules and regulations a; may 16 be necessary for the purpose of carrying the provisions of this 17 section into effect. [3 Mar., 1909, 35 Stat. L., 783, c. 263.] on^^^Tru8t *S 18 Sec. 222. The timber on any Indian allotment held ments; dispoaition of proceeds. jg under a trust or other patent containing restrictions on aliena- 20 tion, may be sold by the allottee with the consent of the 21 Secretary of the Interior, and the proceeds thereof shall be 22 paid to the allottee or disposed of for his benefit, under reg- 23 ulations to be prescribed by the Secretary of the Interior. 24 [25 June, 1910, 36 Stat. L., 857, c. 431, s. 8.] 336 EXISTING LAAV. SEC. 221. Indian appropriation act of Mar. 3, 1909, 35 Stat. L., 783, c. 263. That all lands allotted to Indians in severalty, except allotments Allotments in ma;de to members of the Five Civilized Tribes and Osage Indians in severalty. Oklahoma, may by said allottee be leased for mining purposes for any lands^^ ° nunera term of years as may be deemed advisable by the Secretary of the Regulations. Interior; and the Secretary of the Interior is hereby authorized to per- form any and all acts and make such rules and regulations as may be necessary for the purpose of carrying the provisions of this paragraph into fuU force and effect. SEC. 222. CHAP. 431. — An Act To provide for determining the heirs of deceased Indians, for June 25, 1910, 36 the disposition and sale of allotments of deceased Indians, for the leasing of allot- Stat. L., 857, s. 8. ments, and for other purposes. Sec. 8. That the timber on any Indian allotment held under a trust Sales of timber or other patent containing restrictions on alienations, may be sold by °^ ^^^^^ allot- the allottee with the consent of the Secretary of the Interior and the ^^^ ' proceeds thereof shall be paid to the allottee or disposed of for his benefit under regulations to be prescribed by the Secretary of the Interior. 237 REPORT OF THE COMMITTEE. mifte when allot- ^ ^^^- ^^^- Whenever it shall be made to appear to the tee is incapaci- ^^^i^coha'v Prich- 2 Secretary of the Interior that by reason of age, disability, or ard, 223U.'S.,220.' 3 inability, any allottee of Indian lands can not ptersonally, and 4 with benefit to himself, occupy or improve his allotment,- or 5 any part thereof, the same may be leased, upon such terms, 6 regulations and conditions as shall be prescribed by the Sec- 7 retary, for a term not exceeding three years, for grazing pur- 8 ptoses, and five years for farming, mining, or business ptirposes. 9 The surplus lands of the tribe, which have been bought and 10 paid for by such tribe, may be leased by authority of the coun- 11 oil, speaking for such Indians, under such rules and regula- 12 tions as the Secretary of the Interior may prescribe, for a 13 period not to exceed five years for farming or grazing pur- 14 poses, or ten years for mining purposes : Provided, That any 15 Indians to whom lands have been allotted on the Yakima 16 Eeservation, Washington, shall be permitted to lease their 17 allotted lands, for agricultural purposes, for a term not exceed- 18 ing five years; or where such lands are unimproved they may 19 be leased for agricultural purposes for any term not exceeding 20 ten years, upon such terms and conditions as may be pre- 21 scribed by the Secretary: Provided further, That allotted 22 lands, when to the satisfaction of the Secretary of the In- 23 terior are arid but susceptible of irrigation, may be leased 24 under the provisions of this section for a period not exceed- 338 EXISTING LAW. SEC. 323. CHAP. 383. — An Act To amend and further extend the benefits of the Act approved Feb. 28, 1891, February eighth, eighteen hundred and eighty-seven, entitled "An Act to provide 26 Stat. L., 795, for the allotment of land in severalty to Indians on the various reservations, and to a. 3. extend the protection of the laws of the TTuited States over the Indians, and for other purposes." Sec. 3. That whenever it shall be made to appear to the Secretary Leases, by Sec- of the Interior that, by reason of age or other disabiUty, any allottee retary of I^iterior, under the provisions of said act, or any other act or treaty can not ments where allbt- personaHy and with benefit to himself occupy or improve his allot- tee disabled from ment or any part thereof the same may be leased upon such terms, occupancy, etc. regulations and conditions as shall be prescribed by such Secretary, Terms, etc. for a term not exceeding three years for farming or grazing, or ten years for mining purposes: Provided, That where lands are occupied Proviso. by Indians who nave bought and paid for the same, and which lands are not needed for farmmg or agricultural purposes, and are not Leases, by In- desired for individual allotments, the same may be leased by author- ^P agent, of cer- ity of the Council speaking for such Indians, for a period not to pjg^ ^,y Indian exceed five years for grazing, or ten years for mining purposes in purchasers. such quantities and upon such terms and conditions as the agent in Terms, etc charge of such reservation may recommend, subject to the approval of the Secretary of the Interior. Indian appropriation act of Aug. 15, 1894, 28 Stat. L., 305, c. 290. * * * Provided, That whenever it shall be made to appear to Provisos. the Secretary of the Interior that by reason of age, disabiUty or Leases per- inability, any allottee of Indian lands under this or former acts of ™^ ^ ' Congress, can not personally and with benefit to himself, occupy or improve his allotment or any part thereof the same may be leased upon such terms, regulations, and conditions as shall be prescribed by the Secretary for a term not exceeding 'five years for farming or grazing purposes, or ten years ipv mining or business purposes: Pro- vided further, That the surplus lands of any tribe may be leased for Leases of sur- f arming purposes by the Council of such tribe under the same rules P^^® lands by and regulations and for the same term of years as is now allowed in "^ ^' the case of leases for grazing purposes. [Note. — That part of the Indian appropriation act of Mar. 2, 1895, 28 Stat. L., 900, c. 188, is not printed here for the reason that it is a reenactment of that part of the act of Aug. 15, 1894, printed above.] [Note. — That part of the act of June 7, 1897, 30 Stat. L., 85, e. 3, cited in brackets on opposite side, is the same as the act above printed with the exception that the terms for leasing are made three years for farming or grazing purposes, and five years for mining or business purposes.] Indian appropriation act of Mar. 1, 1899, 80 Stat. L., 941, c. 324. That the Indians of the Yakima Indian Reservation, to whom lands Yakima Reser- have been allotted under the laws of the United States, may lease their nation. lands so allotted for agricultural purposes for a term not exceeding five turaUands^fy ^:hi- years, under such rules and regulations as are or may be prescribed by dians authorized, the Secretary of the Interior, anything in the law now limiting the term to a shorter term notwithstanding. [Note. — Indian appropriation act of May 31, 1900, 31 Stat. L., 229, is the same as that part of the act of Aug. 15, 1894, printed above, with the exception that it con- fines the leasing of the lands to five years for farming purposes only. The same act (May 31, 1900), on page 246 of vol. 31, U. S. Stat, at Large, further regulates the leasing of the allotted lands on the Yakima Reservation in Washington State by permitting the leasing of unimproved allotted lands, for agricultural purposes, for any term not exceeding ten years.] 239 REPORT OF THE COMMITTEE. 1 ing ten years. [28 Feb., 1891, 26 Stat. L., 795, c. 383, s. 2 3; 1 Supp., 897. 15 Aug-., 1894, 28 Stat. L., 305, c. 290; 3 2 Supp., 246. 2 Mar., 1895, 28 Stat. L., 900, o. 188; 2 4 Supp., 428. 7 June, 1897, 30 Stat. L., 85, c. 3. 1 Mar., 5 1899, 30 Stat. L., 941, c. 324. 31 May, 1900, 31 Stat. L., 6 229, 246, c. 598; 2 Supp., 1181. 18 May, 1916, 39 Stat. 7 L., 128, c. 125.] Indians entitled 8 Seo. 224. Where any Indian entitled to allotment to allotment may public lands. 9 under existing laws shall make settlement upon any surveyed 10 or unsurveyed lands of the United States not otherwise 11 - appropriated, he or she shall be entitled, upon application to 12 the local land office for the district in which the lands are 13 located, to have the same allotted to him or her and to his or 14 her children, in the manner provided in this chapter for allot- 15 ments to Indians residing upon reservations. Such allot- 16 ments to Indians on the public domain as are herein provided 17 for shall be made in such areas as the President may deem 18 proper, not to exceed, however, forty acres of irrigable land 19 or eighty acres of non-irrigable agricultural land or one 20 hundred and sixty acres of non-irrigable grazing land to any 21 one Indian; and when such settlement is made upon un- 22 surveyed lands the grant to such Indians shall be adjusted 23 upon the survey of the lands so as to conform thereto ; and 24 patents shall be issued to 'them for such lands in the manner 25 and with the restrictions provided in this chapter. The fees 340 EXISTING LAW. Indian appropriation act of May 18, 1916, 39 Stat. L., 128. That whenever it shall appear to the satisfaction of the Secretary Leases of arid' of the Interior ibhat the allotted lands of any Indian are arid but ^"o*™ents to aged, susceptible of irrigation and that the allottee, by reason of old age ' " ^^^' or other disability, can not personally occupy or improve his allot- ment or any portion thereof, such lands or such portion thereof, may be leased for a period not exceeding ten years, under such terms, rules, and regulations as may be prescribed by the Secretary of the '' Interior. SEC. 234. CHAP. 383. — ^An Act To amend and further extend the benefits of the Act approved February 28, February eighth, eighteen hundred and eighty-seven, entitled "An Act to provide 1891, 26, Stat. L., for the allotment of lands in severalty to Indians on the various reservations, and 795, s. 4. to extend the protection of the laws of the United States over the Indians, and for other purposes." Sec. 4. That where any Indian entitled to allotment under existing Certain Indians laws shall make settlement upon any surveyed or unsurveyed lands ?^y ™^^?. selec- of the United States not otherwise appropriated, he or she shall be ^""° ^" entitled, upon application to the local land office for the district in which the lands are located, to have the same allotted to him or her and to his or her children, in quantities and manner as provided in the foregoing section of this amending act for- Indians residing upon reservations; and when such settlement is made upon unsurveyed lands the grant to such Indians shall be adjusted upon the survey of the lands so as to conform thereto; and patents shall be issued to Patents to issue. them for such lands in the manner and with the restrictions provided Vol. 24, p. 389. in the Act to which this is an amendment. And the fees to which Fees to be paid the officers of such local land ofiice would have been entitled had ^''°™ ^^^ Treasury, such lands been entered under the general laws for the disposition of the public lands shall be paid to them from any m9neys in the Treasury of the United States not otherwise appropriated, upon a statement of an account in their behalf for such fees by the Commissioner of the General Land Office, and a certification of such account to the Secre- tary of the Treasury by the Secretary of the Interior. CHAP. 431. — ^An Act To provide for determining the heirs of deceased Indians, for June 25, 3910, 36 the disposition and sale of allotments of deceased Indians, for the leasing of allot- Stat. L., 859, s. 17. ments, and for other purposes. Sec. 17. That so much of the Indian appropriation Act for the Issue of allot- fiscal year nineteen hundred and ten^ approved March third, nineteen ™^°.^ *^ Indians hundred and nine, as reads as follows, to wit: "That the Secretary of pg^el. ^°^^' '^^' the Interior be, and he hereby is, authorized, under the direction of Vol. 35, p. 782. the President, to allot any Indian on the pubhc domain who has not heretofore received an allotment, in such areas as he may deem proper not to exceed, however, eighty acres of agricultural or one hundred and sixty acres of grazing land to any one Indian, such allotment to be made and patent therefor issued in accordance with the pro- visions of the Act of February eighth, eighteen hundred and eighty- seven," be, and the same is hereby, repealed, and sections one and Lands in sever- four of the Act of February twenty-eighth, eighteen hundred and ^^^-^^ ^e r,n 794 ninety-one (Twenty-sixth Statutes, page seven hundred ninety-four), 795 ■ ' >'i'- be, and the same are hereby, amended to read as follows: S1S39— 17 16 3il REPORT OF THE COMMITTEE. 1 to which the officers of such local land office would have been 2 entitled had such lands been entered under the general laws 3 for the disposition of the public lands shall be paid to them 4 from any moneys in the Treasury of the United States not 5 otherwise appropriated, upon a statement of an iaccount in , 6 their behalf for such fees by the Commissioner of the General 7 Land Office, and a certification of such account to the Secretary 8 of the Treasury by the Secretary of the Interior. [28 Feb., 9 1891, 26 Stat. L., 795, c. 383, s. 4 ; 1 Supp., 898. 25 June, 10 1910, 36 Stat. L., 860, c. 431, s. 17.] wTien children H Sec. 225. For the Durpose of determinina; the descent deemed legitimate. -^ -^ . ° 12 of land to the heirs of any deceased Indian under the 13 provisions of section one hundred and ninety-four, when- 14 ever any male and female Indian shall have cohabited to- 15 gether as husband and wife according to the custom and 16 manner of Indian life the issue of such cohabitation shall be, 17 for the purpose aforesaid, taken and deemed to be the legit- 18 imate issue of the Indians so living together, and every 19 Indian child, otherwise illegitimate, shall for such purpose be 20 taken and deemed to be the legitimate issue of the father of 21 such child: Provided,-^ Thsit the provisions of this chapter 22 shall not be held or construed to apply to the lands commonly 23 called and known as the " Cherokee Outlet" : And provided 24 further, That no allotment of lands shall be made or annuities 25 of money paid to any of the Sac and Fox of the Missouri 342 EXISTING LAW. "Sec. 4. That where any Indian entitled to allotment under exist- . Allotments not ing laws shall make settlement upon any surveyed or unsurveyed ^"v^i*^'^24*^^°"^79,5 lands of the United States not otherwise appropriated, he or she shall amended.' ^ ' be entitled, upon application to the local land office for the district in which the lands are located, to have the same allotted to him or her and to his or her children in manner as provided by law for allotments to Indians residing upon reservations, and such allotments to Indians on the public domain as herein provided shall be made in such areas as the President may deem proper, not to exceed, however, forty Amuuntallowed. acres of irrigable land or eighty acres of nonirrigable agricultiu-al land ' or one hundred sixty acres of nonirrigable grazing land to any one Indian; and when such settlement is made upon unsurveyed lands the grant to such Indians shall be adjusted upon the survey of the lands so as to conform thereto, and patent shall be issued to them for . Trust patents to such lands in the manner and with the restrictions provided in the ^^^'^- . ^ ^ ^^ Act of which this is amendatory.' And the fees to which the officers from^he^Treasury^ of such local land office would have been entitled had such lands been entered under the general laws for the disposition of the public lands shall be paid to them from any moneys in the Treasury of the United States not otherwise appropriated, upon a statement of an account in their behalf for such fees by the Commissioner of the Gen- eral Land Office, and a certification of such account to the Secretary of the Treasury by the Secretary of the Interior." [Note. — The section one referred to here will be found under section 190.] SEC. 226. CHAP. 383. — ^An Act To amend and further extend the henefits of the Act approved February 28, February eighth, eighteen hundred and eighty-seven, entitled "An Act to provide 1891, 26 Stat. L. for the allotment of land in severalty to Indians on the various reservations, and 795, s. 5. to extend the protection of the laws of the XTnited States over the Indians, and for other purposes." Sec. 5. That for the purpose of determining the descent of land to Determination of the heirs of any deceased Indian under the provisions of the fifth sec- y®,"^*'. ogq tion of said Act, whenever any male and female Indian shall have o • - > P- cohabited together as husband and wife according to the custom and manner of Indian life the issue of such cohabitation shall be, for the purpose aforesaid, taken and deemed to be the legitimate issue of the Indians so hving together, and every Indian child, otherwise illegiti- mate, shall for such purpose be taken and deemed to be the legitimate issue of the father of such child : Provided, That the provisions of this Provisos. Act shall not be held or construed to apply to the lands commonly called and known as the "Cherokee Outlet": And provided further, "pherokee Out- That no allotment of lands shall be made or annuities of money paid to ^^" ^^^^^ except- any of the Sac and Fox of the Missouri Indians who were not enrolled Certain Sac and as menabers of said tribe on January first, eighteen hundred and Fox excepted, ninety; but this shall not be held to impair or otherwise affect the rights or equities of any person whose claim to membership in said Pending rights, tribe is now pending and being investigated - ^^■' unimpaired. 243 REPORT OF THE COMMITTEE. 1 Indians who were not enrolled as members of said tribe on 2 January first, eighteen hundred and ninety; but this shall 3 not be held to impair or otherwise affect the rights or equities 4 of any person whose claim to membership in said tribe was 5 pending and being investigated on, the twenty-eighth of 6 February, eighteen hundred and ninety-one. [28 Feb., 1891, 7 26 Stat. L., 795, c. 383, s. 5; 1 Supp., 898.] ' Protection of In- 8 Sec. 226. Whenever any Indian, being a member of dians desiring civ- ilized life. 9 any band or tribe with whom the Government has or shall 10 have entered into treaty stipulations, being desirous to adopt 11 the habits of civilized life, has had a portion of the lands 12 belonging to his tribe allotted to him in severalty, in pursu- 13 ance of such treaty stipulations, the agent of such tribe shall 14 take such measures, not inconsistent with law, as may be 15 necessary to protect such Indian in the quiet enjoyment of 16 the lands so allotted to him. [E. S., s. 2119.] Indian trespass- 17 Seo. 227. Whenever any person of Indian blood be- K upon lands of 18 longing to a band or tribe which receives or is entitled to 19 receive annuities from the United States, and who has not 20 adopted the habits and customs of civilized life, and received 21 his lands in severalty by allotment, as mentioned in the 22 preceding section, commits any trespass upon the lands or 23 premises of any Indian who has so received his lands by 24 allotment, the agent of such band or tribe shall ascertain the 25 damages resulting from such trespass, and the sum so ascer- 344 ing upon Ian- civilized Indians KXISTING LAAV. SEC. 326. R. S. Sec. 2119. Whenever any Indian, being a member of any. Protection of In- band or tribe with whom the Government has or shall have entered ^.^^, desiring civ- into treaty stipulations, being desirous to adopt the habits of civilized 1^!! - life, has had a portion of the lands belonging to his tribe allotted to 14 June, 1862, c him in severalty, in pursuance of such treaty stipulations, the agent 101, s. 1, v. 12, p. and superintendent of such tribe shall take such measures, not incon- "^^^^ sistent with law, as may be necessary to protect such Indian in the quiet enjoyment of the lands so allotted to him. SEC. 227. R. S., Sec. 2120. Whenever any person of Indian blood belonging to . Indians trespass a band or tribe which receives or is entitled to receive annuities from ^?S VP°?^^ds of the United States, and who has not adopted the habits and customs of '^^^ ^ ^ ^^^' civilized life, and received his lands in severalty by allotment, as men- 14 June, 1862, c. tioned in the preceding section, commits any trespass upon the lands i^i, s. 2, v. 12, p. or premises of^any Indian who has so received his lands by allotment,- the superintendent and agent of such band or tribe shall ascertain the damages resulting from such trespass, and the sum so ascertained shall be withheld from the payment next thereafter to be made, either to the band or tribe to which the party committing such trespass shall belong, as in the discretion of the superintendent he shall deem proper; and the sum so withheld shall, if the Secretary of the Interior ap- proves, be paid over by the agent or superintendent to the party injured. 345 REPORT OF THE COMMITTEE. 1 tained shall be withheld from the payment next ihereafter to 2 be made, either to the band or tribe to which the party com- 3 mitting such trespass shall belong, as in the discretion of the 4 agent he shall deem proper; and the sum so withheld shall, 5 if the Secretary of th6 Interior approves, be paid over by the 6 agent to the party injured. [E. S., s. 2120.J Suspension of J Sec. 228. Wlieuevcr such trespasser as Is mentioned lu chief for trespass. J- ^A O "T r* ^ ft "f P T 7J Georgia, 6 Pet.; 8 the preceding section is the chief or headman of a band or 557. 9 tribe, the agent for his fn6e shall also suspend the trespasser 10 from his office for three months, and shall during that time 11 deprive him of all the benefits and emoluments connected 12 therewith; but the chief or headman may be sooner restored « 13 to his former standing if the agent shall so direct. [R, S., 14 2121.] n^ds^hv Sff ^^ ^^^- ^^^- ^ 17 retary of the Interior. All sales hereunder shall be subject 18. to the approval of the Secretary of the Interior, and when so J 19 approved he shall cause patent to issue to the purchaser, pass- 20 ing unconditional fee by the United States as trustee for such 21 minor to the interest of such minor in such lands, and such 22 patent shall be considered, to the extent of the interest so 23 conveyed, as a cancellation of any previous trust patent or 24 patent containing restrictions on alienation issued to such 25 minor or to any Indian allottees of whom such minor is an 256 EXISTING LAW. SEC. 234. Indian appropriation act of Apr. 30, 1908, 35 Stat. L., 97, c. J53. That all lands allotted to Indians in severalty or reserved for their Leases of use in common on the Shoshone or Wind River Reservation, in Wyo- s^^'le lands, ming, susceptible of irrigation, may be leased for a term not exceeding twenty years for cultivation under irrigation in the discretion of the Secretary of the Interior, and he is hereby authorized to perform any and all acts and to make such rules and regulations as may be neces- sary for the purpose of carrying this provision into full force and effect. SEC. 235. CHAP. 107. — An Act Providing for the disposal of the interests of Indian minors in Mar. 27, 1908, 35 real estate in Yakima Indian Reservation, Washington. Stat. L., 49^ Be it enacted hy fhe Senate and House of Representatives of the United States of America in Congress assembled, That the interests of any Yakima Indian Indian minor in anv lands of the Yakima Indian Reservation, State of I'^ese'-vation, Wash. Washington, whether by direct allotment or by inheritance, may be of minors in lands, sold on such terms and conditions and under such rules and regula- tions as the Secretary of the Interior may prescribe; but such sale shall be only on approved petition of the natural guardian of such minor, if living, or if such natural guardian be dead, on the petition of a person designated by the Secretary of the Interior. All sales hereunder shaU be subject to the approval of the Secretary of the Interior, and when so approved he shall cause patent to issue to the Patents in fee to )urchaser, passing unconditional fee l)y the ITnitod States as trustee pu'<^^hasers. or such mmor to the interest of such minor in such lands, and sucli patent shall be considered, to the extent of the interest so conveyed, as a cancellation of any previous trust patent or patent containing restrictions on alienation issued to such mmor or to any Indian allottee of whom such minor is an heir. Proceeds from sales hereunder shall Proceeds. be cared for under the direction of the Commissioner of Indian Affairs, and he may, in his discretion, cause shares of minors to be deposited in the Treasury of the United States to the individual credit of the said minors, to be withdrawn on the authority of the Secretary of the Interior. Sec. 2. That all laws and parts of laws in conflict with this Act are Repeal. hereby repealed. Approved, March 27, 1908. F, 81S30— 17 17 357 REPORT OF THE COMMITTEE. 1 heir. Proceeds from sales hereunder shall be cared for under 2 the direction of the Commissioner of Indian Affairs, and he 3 may, in his discretion, cause shares of minors to be deposited 4 in the Treasury of the United States to the individual credit 5' of the said minors, to be withdrawn on the authority of the 6 Secretary of the Interior. [27 Mar., 1908, 35 Stat. L., 49, 7 c. 107.] 358 EXISTING LAW. 259