performance of the duties of Indian agent at any of the agencies above named." * * * [30 Stat., 591.] Appeals from United Territory. States courts, Indian direct to Supreme Appeals shall be allowed from the United States courts in the Indian Territory direct to the Supreme Court of the United States to either party, in all citizenship cases, and in all cases between either of the Five Civilized Tribes and the United States involving the constitution- Court. ality or validity of any legislation affecting citizenship, or the allotment of lands, in the Indian Territory, under the rules and regulations governing appeals to said court in other cases:" Provided, That appeals in cases decided prior to this Act must be time for perfecting. perfected in one hundred and twenty days from its passage; and in cases decided subsequent thereto, within sixty days from final judgment; but in no such case shall the work of the Commission to the Five -work of Commission not to be enjoined. Civilized Tribes be enjoined or suspended by any proceeding in, or order of, any court, or of any judge, until after final judgment in the Supreme Court of the United States. ence. In case of appeals, as aforesaid, it shall be the duty of the Supreme entitled to precedCourt to advance such cases on the docket and dispose of the same as early as possible. * * 130 Stat., 595.] Indian agents to ac That hereafter Indian agents shall account for all funds coming into their hands as custodians from any source whatever, and be responsible count for funds. therefor under their official bonds. * * * R. S., 2057, 2075. quired for use. SEC. 6. That hereafter at any of the Indian reservations where there is now on hand Government property not required for the use and benefit of the Indians at said reservation, the Secretary of the Interior is hereby authorized to move such property to other Indian reserva- to be removed 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 such said property was purchased; and he shall make report of his action hereunder to the next session of Congress thereafter, d R. S., 2618. report. or Commutation of ra SEC. 7. That hereafter when, in the judgment of the Secretary of tions to civilized Inthe Interior, any Indian tribe, or part thereof, who are receiving dians. rations and clothing and other supplies under this Act, are sufficiently 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. [July 1, 1898.] * * a Provisions similar to the last two provisos of this paragraph appear in 1893, March 3, ch. 209 (27 Stat., 613). In 1894, August 15, ch. 290 (28 Stat., 288), these provisos appear in the identical language of the text, since which time they have been annually reenacted, 1895, March 2, ch. 188 (28 Stat. L., 878); 1896, June 10, ch. 398 (29 Stat., 323); 1897, June 7, ch. 3 (30 Stat., 64); 1899, March 1, ch. 324 (30 Stat., 926). Decision upon appeals taken under this act will be found in 174 U. S., 445, where the entire legislation in regard to the Commission to the Five Civilized Tribes and citizenship therein is reviewed. By this decision it was held: 1. That the only question reviewable upon appeal is that of the constitutionality and validity of the legislation affecting citizenship or the allotment of land in the Indian Territory. 2. That that legislation is constitutional and valid. For the acts creating the commission see 1896, June 10, ch. 398, and note (c) thereto, ante, p. 79; 1897, June 7, ch. 3, ante, p. 86, and 1899, March 1, ch. 324, post, p. 101. e By R. S., 2057, Indian agents were required to give bond, but it was held (17 Fed. Rep., 579) that this applied only to money received strictly while acting as agent for the Indians to whose agency he was appointed. See also 1875, March 3, ch. 132, s. 5 (ante, p. 24), requiring their accounts for employees' services to be under oath, and s. 10 of the same act, requiring a book of itemized expenditures, together with receipts from all sources, to be kept. A similar provision, without the word "hereafter," has appeared almost annually in the Indian appropriation acts since 1884. See the acts summarized in note (f) to 1894, August 15, ch. 290, s. 9, ante, p. 69; also 1895, March 2, ch. 188, s. 6 (28 Stat., 908); 1897, June 7, ch. 3, s. 6 (30 Stat., 91). By the use of the word "hereafter" it has now become permanent. e The same provision, without the word "hereafter," has appeared annually since 1892. See 1892, July 13, s. 8, p. 33; 1893, March 3, ch. 209, s. 8 (27 Stat., 640); 1894, August 15, ch. 290, s. 8 (28 Stat., 313); 1895, March 2, ch. 188, s. 7 (28 Stat., 908); 1896, June 10, ch. 398, s. 6 (29 Stat., 349); 1897, June 7, ch. 3, s. 7 (30 Stat., 91). [30 Stat., 927.] Special agents, etc., may administer oaths, etc. ACTS OF FIFTY-FIFTH CONGRESS-THIRD SESSION, 1899. CHAP. 324.-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 for other purposes. * * * Be it enacted, &c., For necessary traveling expenses of one superintendent of Indian schools, including telegraphing and incidental expenses of inspection and investigation," * * * Provided, That he shall be allowed three dollars per day for traveling expenses when actually on duty in the field, exclusive of cost of transportation and sleeping-car fare, in lieu of all other expenses now allowed by law: And provided further, That he shall perform such other duties as may be imposed upon him by the Commissioner of Indian Affairs, subject to the approval of the Secretary of the Interior. * * * That hereafter each special agent, supervisor of schools, or other official charged with the investigation of Indian agencies and schools, in the pursuit of his official duties shall have power to administer oaths -examine officers, 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. etc. [30 Stat.. 939.] Commissioners to b * * * For salaries of four commissioners, appointed under Acts of ConFive Civilized Tribes. gress approved March third, eighteen hundred and ninety-three, and March second, eighteen hundred and ninety-five, to negotiate with the Five Civilized Tribes in the Indian Territory, twenty thousand dollars: Provided, That the number of said commissioners is hereby fixed at four. * * * -number fixed four. at -authority continued. [30 Stat., 947.] Indians 18 years old ity money. That said commission shall continue to exercise all authority heretofore conferred on it by law. * * * SEC. 8. That hereafter all Indians, when they shall arrive at the age may receipt for annu- of eighteen years, shall have the right to receive and receipt for all annuity money that may be due or become due to them, if not otherwise incapacitated under the regulations of the Indian Office. [March 1, 1899.] R. S., 2108. Mar. 2, 1899. 30 Stat., 990. Rights of way. -by railway, etc., vation, etc. CHAP. 374.-An act to provide for the acquiring of rights of way by railroad companies through Indian reservations, Indian lands, and Indian allotments, and for other purposes. Be it enacted, &c., That a right of way for a railway, telegraph and through Indian reser- telephone line through any Indian reservation in any State or Territory, or through any lands held by an Indian tribe or nation in Indian a By 1882, May 17, ch. 163 (22 Stat., 70), provision was made for the appointment of a person to inspect Indian schools at a compensation of $3,000, with $1,500 for traveling expenses. By 1888, June 29, ch. 503, s. 8 (25 Stat., 238), the appointment of a superintendent of Indian schools is provided for, but this was superseded by the provisions of 1889, March 2, ch. 412, s. 10, ante, p. 44. No salary was fixed for the office, but the annual appropriation has been for $4,000, beginning with 1888, prior to which it was $3,000. Appropriations for the salary and provisions for the traveling expenses similar to and generally identical with those in the text have been made by 1884, July 4, ch. 180 (23 Stat., 77); 1885, March 3, ch. 341 (23 Stat., 364); 1886, May 15, ch. 333 (24 Stat., 30); 1887, March 2, ch. 320 (24 Stat., 451); 1888, June 29, ch. 503 (25 Stat., 219); 1889, March 2, ch. 412 (25 Stat., 982); 1890, August 19, ch. 807 (26 Stat., 338); 1891, March 3, ch. 543 (26 Stat., 989); 1892, July 13, ch. 164 (27 Stat., 122); 1893, March3, ch. 209; 1894, August 15, ch. 290; 1895, March 2, ch. 188; 1896, June 10, ch. 398; 1897, June 7, ch. 3 (30 Stat., 65); 1898, July 1, ch. 545 (30 Stat., 574). The same provision, without the word "hereafter," occurs in 1898, July 1, ch. 545 (30 Stat., 574). By the addition of the word "hereafter" it has now become permanent. For the powers and duties of these commissioners, previously three in number, see 1896, June 10, ch. 398, par. 4, and note (c) thereto, ante, p. 79; and 1897, June 7, ch. 3, ante, p. 88. This act has been repealed as to the Indian Territory and Oklahoma by section 23 of the act of February 28, 1902, post page 114. That act, sections 13-23, post pp. 114-118, makes general provisions for the construction of railroads through the Indian Territory. -grant of, if made in 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 alienation, 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 granted under this Act good faith, etc. until the Secretary of the Interior is satisfied that the company applying has made said application in good faith and with intent and ability to construct said road, and in case objection to the granting of such right of way shall be made, said Secretary shall afford the parties so objecting a full opportunity to be heard: Provided further, That where a railroad has heretofore been con- way forbidden. structed, or is in actual course of construction, no parallel right of except. way within ten miles on either side shall be granted by the Secretary of the Interior unless, in his opinion, public interest will be promoted thereby. SEC. 2. That such right of way shall not exceed fifty feet in width on each side of the center line 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 tracks, turnouts, and water stations, not to exceed one hundred feet in width by a length of two thousand feet, and not more than one station to be located within any one continuous length of ten miles of road: -hearing. Parallel rights of Width. Stations. Rights heretofore granted in Indian Provided, That this section shall apply to all rights of way hereto-Rights fore granted to railroads in the Indian Territory where no provisions Territory. defining the width of the rights of way are set out in the Act granting the same. Survey of route. Compensation for SEC. 3. That the line of route of said road may be surveyed and located through and across any of said lands at any time, upon permission therefor being obtained from the Secretary of the Interior; but map to be filed. 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 all damage to improvements and adjacent lands, which compensation shall be determined and paid under the direction of the Secretary of the Interior, in such manner as he may prescribe. Before any such railroad shall be damages, etc. constructed through any land, claim, or improvement, held by individual occupants or allottees in pursuance 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 allottee, 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 oath. discharge the duties of their appointment, which oath, duly certified, Board to make appraisement. sion. shall be returned with their award to the Secretary of the Interior. —disagreement. 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 appeal from decithe 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 petition to the United States United States court court in the Indian Territory sitting at the place nearest and most convenient to the property sought to be condemned; and if said land to hear appeal. -deposit of award. ferees. may 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 Compensation of re- 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 hearing of any case submitted to them under this Act. Witnesses shall receive the fees usually allowed by courts within the district where such land is located. Costs, including compensation of the referees, shall be made part of the award or judgment, and be paid by such railroad company. Fees and costs. Failure to construct. -operates as feiture. for Extension of time to complete. Railroad through Indian Territory. -annual charge. SEC. 4. That if any such company shall fail to construct and put in operation one-tenth of its entire line in one year, or to complete its 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 in operation: Provided, That the Secretary may, when he deems proper, extend, for a period not exceeding two years, the time for the completion of any road for which right of way has been granted and a part of which shall have been built. SEC. 5. That where a railroad is constructed under the provisions of But see post, p. 114. this Act through the Indian Territory there shall be paid by the railroad company to the Secretary of the Interior, for the benefit of the particular nation or tribe through whose lands the road may be located, such an annual charge as may be prescribed by the Secretary of the Interior, not less than fifteen dollars for each mile of road, the same to be paid so long as said land shall be owned and occupied by such nation or tribe, which payment shall be in addition to the compensation otherwise required herein. -passenger freight rates to be scribed. -transportation mails. and Railroad rights on public lands. And within the Indian Territory upon any railroad constructed under the provisions of this Act the rates and charges for passenger and freight service, if not otherwise prescribed by law, may be preof scribed by the Secretary of the Interior from time to time, and the grants herein are made upon condition that the companies shall transport mails whenever required to do so by the Post-Office Department. SEC. 6. That the provisions of section two of the Act of March third, 1875, Mar. 3, c. 152, eighteen hundred and seventy-five, entitled "An Act granting 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. 7. That the Secretary of the Interior shall make all needful rules and regulations, not inconsistent herewith, for the proper execution and carrying into effect of all the provisions of this Act. s. 2, 18 Stat., 482. Regulations. Repeal. SEC. 8. That Congress hereby reserves the right at any time to alter, amend, or repeal this Act, or any portion thereof. [March 2, 1899.] Mar. 3, 1899. 30 Stat., 1253. Alaska. Criminal code. CHAP. 429.-An act to define and punish crimes in the District of Alaska and to provide a code of criminal procedure for said district. * * * Be it enacted, &c., That the penal and criminal laws of the United States of America and the procedure thereunder relating to the District of Alaska shall be as follows: SEC. 142. That if any person shall, without the authority of the United States, or some authorized officer thereof, sell, barter, or give to any Indian or half-breed who lives and associates with Indians any firearms or ammunition therefor whatever, or any spirituous, malt, or vinous liquor, such person, upon conviction thereof, shall be punished by imprisonment in the county jail not less than two months nor more than six months, or by fine not less than one nor more than five hundred dollars. That the term "Indian" in this Act shall be so construed as to include the aboriginal races inhabiting Alaska when annexed to the United States, and their descendants of the whole or half blood. [March 3, 1899.] * * * [30 Stat,, 1274.] Selling liquor or firearms to Indians. ante, p. 83. 1897, Jan. 30, c. 109, "Indian" defined. ACTS OF FIFTY-SIXTH CONGRESS-FIRST SESSION, 1900. CHAP. 384.-An act for the appointment of an additional United States commissioner in the northern judicial district of the Indian Territory.a May 7, 1900. 31 Stat., 170. Indian Territory. -United States Be it enacted, etc., That the judge of the United States court in the Indian Territory presiding in the northern judicial district thereof is hereby authorized and empowered to appoint an additional United States commissioner within said district, who shall be permanently commissioner for Welocated at Wewoka, in the Seminole Nation, and to prescribe by metes woka. and bounds the portion of the district for which such commissioner is appointed. May 7, 1900.] CHAP. 598.—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 one, and for other purposes. * * * R. S., 627. May 31, 1900. 31 Stat., 170. [31 Stat.. 229.] tees. Be it enacted, etc., That whenever it shall be made to appear to the Secretary of the Interior that, by reason of age, disa- disabled Indian allotbility, or inability, any allottee of Indian lands 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 7, e. 3, ante, p. 86. exceeding five years, for farming purposes only. * * * See act of 1897, June [31 Stat., 236.] Commission to Five Civilized Tribes. 1893, Mar. 3, c. 209, For salaries of four commissioners appointed under acts of Congress approved March third, eighteen hundred and ninety-three, and March second, eighteen hundred and ninety-five, to negotiate with the ante, p. 79. Five Civilized Tribes in the Indian Territory, twenty thousand dollars: That said commission shall continue to exercise all authority heretofore conferred on it by law. But it shall not receive, consider, or make any record of any appli- less citizen. a By 1890, May 2, ch. 182, s. 39, 40 (ante, p. 53); 1895, March 1, ch. 145, s. 4 (ante, p. 72), and 1897, June 7, ch. 3 (ante, p. 87), provision is made for the appointment and powers of United States commissioners in Indian Territory. By 1897, February 19, ch. 265 (ante, p. 85), the act of 1896, May 28, ch. 252, s. 19, 21, 22, relating to the appointment and duties of United States commissioners in general, is made inapplicable to the Indian Territory. |