TITLE XLIII.-Public contracts. SEC. 3709. Advertisements for proposals. R. S., p. 733. proposals. 2 Mar., 1861, c. 84, s. 10, 12 Stat., 220. 22 June, 1874, c. 389, s.6,18 Stat., 176. 19 12 July, 1876, c. 182, 3 Aug., 1876, c. 253, 19 Stat., 123. 15 Aug., 1876, c. 289, SEC. 3709. All purchases and contracts for supplies or services, in any of the Departments of the Government, except for personal services, shall be made by advertising a sufficient time previously for proposals respecting the same, when the public exigencies do not require the immediate delivery of the articles, or performance of the service. 19 Stat., 196. When immediate delivery or performance is required by the public. S. . Speed, 8 exigency, the articles or service required may be procured by open s., 4c.cls., 176; Mason purchase or contract, at the places and in the manner in which such U.S. 4 C. Cls., 495; articles are usually bought and sold, or such services engaged, between C. Cls., 302; Harvey v. individuals. NOTE. For subsequent provisions on this subject see March 3, 1875, sec. 9 (post page 25), and March 3, 1877 (post page 27). Provisions for advertisement are contained in each of the annual appropriation acts, so that this section is of little value. (See March 3, 1901, post page 112.) Wall., 77; Childs v. U. Wentworth v. U. S., 5 U. S., 8 C. Cls., 501; SEC. 4705. The widows of colored and Indian soldiers and sailors who have died, or shall hereafter die, by reason of wounds or injuries received, or casualty received, or disease contracted, in the military or naval service of the United States, and in the line of duty, shall be entitled to receive the pension provided by law without other evidence of marriage than satisfactory proof that the parties were joined in marriage by some ceremony deemed by them obligatory, or habitually recognized each other as man and wife, and were so recognized by their neighbors, and lived together as such up to the date of enlistment, when such soldier or sailor died in the service, or, if otherwise, to date of death; and the children born of any marriage so proved shall be deemed and held to be lawful children of such soldier or sailor, but this section shall not be applicable to any claims on account of persons who enlist after the third day of March, one thousand eight hundred and seventy-three. R. S., p. 919. Ibid., s. 21. SEC. 4714. Declarations of pension claimants shall be made before a court of record or before some officer thereof having custody of its claimants. seal, said officer hereby being fully authorized and empowered to administer and certify any oath or affirmation relating to any pension or application therefor: Provided, That the Commissioner of Pensions may designate, in localities more than twenty-five miles distant from any place at which such court is holden, persons duly qualified to administer oaths, before whom declarations may be made and testimony taken, and may accept declarations of claimants residing in foreign countries, made before a United States minister or consul, or before some officer of the country duly authorized to administer oaths for general purposes, and whose official character and signature shall be duly authenticated by the certificate of a United States minister or consul; declarations in claims of Indians made before a United States agent; and declarations in claims under the provisions of this Title relating to pensions for services in the war of eighteen hundred and twelve, made before an officer duly authorized to administer oaths for general purposes, when the applicants, by reason of infirmity of age, are unable to travel: Provided, That any declaration made before an of R. S., p. 920. June 22, 1874. 18 Stat., 173. Employees, etc., of United States not to an contracts, &c. R. S., 1781. officer duly authorized to administer oaths for general purposes shall be accepted to exempt a claim from the limitation as to date of filing prescribed in section forty-seven hundred and nine. SEC. 4721. The term of limitation prescribed by sections forty-seven hundred and nine and forty-seven hundred and seventeen shall, in pending claims of Indians, be extended to two years from and after the third day of March, eighteen hundred and seventy-three; all proof which has heretofore been taken before an Indian agent, or before an officer of any tribe, competent according to the rules of said tribe to administer oaths, shall be held and regarded by the Pension-Office, in the examining and determining of claims of Indians now on file, as of the same validity as if taken before an officer recognized by the law at the time as competent to administer oaths; all proof wanting in said claims hereafter, as well as in those filed after the third day of March, eighteen hundred and seventy-three, shall be taken before the agent of the tribe to which the claimants respectively belong; in regard to dates, all applications of Indians now on file shall be treated as though they were made before a competent officer at their respective dates, and if found to be in all other respects conclusive, they shall be aliowed; and Indians shall be exempted from the obligation to take the oath to support the Constitution of the United States. SEC. 4766. [NOTE.-This section was re-enacted and amended by the act of August 8, 1882, post, page 30.] B. LAWS SUBSEQUENT TO THE REVISED STATUTES. ACTS OF FORTY-THIRD CONGRESS-FIRST SESSION, 1874. CHAP. 389.-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 year ending June thirtieth, eighteen hundred and seventy-five, and for other purposes. Be it enacted, &c., * * SEC. 10. That no agent or employee be interested in Indi- of the United States Government, or of any of the Departments thereof, while in the service of the Government, shall have any interest, directly or indirectly, contingent or absolute, near or remote, in any contract made, or under negotiation, with the Government, or with the Indians, for the purchase or transportation or delivery of goods or supplies for the Indians, or for the removal of the Indians; nor shall any such agent or employee collude with any person who may attempt to obtain any such contract for the purpose of enabling such person to obtain the Penalty for violation. same. The violation of any of the provisions of this section shall be a misdemeanor, and shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars, and by removal from office; and, in addition thereto, the court shall, in its discretion, have the power to punish by imprisonment of not more than six months. [June 22, 1874.] * * * NOTE.-Other provisions against fraud or collusion in the Indian service are contained in the following: R. S., sec. 2078, providing that no person employed in Indian affairs shall have any interest in trade with Indians on private account, under penalty of $5,000 fine, and removal from office; R. S., secs. 2103, 2105, providing how agreements with Indians are to be made, and prescribing penalties against all persons unlawfully receiving money from Indians, as well as against district attorneys failing to prosecute offenses against the act, and against agents advising, sanctioning, &c., unlawful agreements or payments; R. S., sec. 2138, prohibiting, under penalties, the removal of cattle, horses, or other stock from the Indian country except under military orders; 1875, Mar. 3, ch. 132, sec. 10 post, p. 25, prescribing manner of justification of sureties on Indian agents' bonds, and providing penalties for agents making false entries in official books or transcripts; 1884, July 4, ch. 180, post, p. 31, prohibiting under penalty, the purchase of cattle from Indians, except under license; 1884, July 4, ch. 180, sec. 8, post, p. 32, providing that disbursing officers or others presenting vouchers, &c., containing any material misrepresentation relating to any matter pertaining to the Indian service shall not be entitled to payment or credit for any part of said voucher, &c., this to be in addition to penalties already prescribed by law, as to which see R. S., sec. 5438. ACTS OF FORTY-THIRD CONGRESS-SECOND SESSION, 1875. CHAP. 131.-An act making appropriations to supply deficiencies in the appropriations for fiscal years ending June thirtieth, eighteen hundred and seventy-five, and prior years, and for other purposes. Mar. 3, 1875. 18 Stat., 402. Certain Indians entitled to benefit of homestead laws. R. S., 2289, 2302. post, p. 31. 1891, Feb. 28, c. 383, post. p. 57. not to alienate same, &c. post, p. 66. SEC. 15. That any Indian born in the United States, who is the head of a family, or who has arrived at the age of twenty-one years, and who has abandoned, or may hereafter abandon, his tribal relations, shall, on making satisfactory proof of such abandonment, under rules to be prescribed by the Secretary of the Interior, be entitled to the benefits of the act entitled "An act to secure homesteads to actual settlers on the public domain," approved May twentieth, eighteen hundred and sixty-two, and the acts amendatory thereof, except that the provisions of the eighth section of the said act shall not be held to apply to entries made under this act: Provided, however, That the title to lands acquired by any Indian -interest of, in tribal by virtue hereof shall not be subject to alienation or incumbrance, either by voluntary conveyance or the judgment, decree, or order of any court, and shall be and remain inalienable for a period of five years from the date of the patent issued therefor: Provided, That any such Indian shall be entitled to his distributive entriesof homestead share of all annuities, tribal funds, lands, and other property, the conferetofore made, same as though he had maintained his tribal relations; and any transfer, alienation, or incumbrance of any interest he may hold or claim by reason of his former tribal relations shall be void. SEC. 16. That in all cases in which Indians have heretofore entered public lands under the homestead-law, and have proceeded in accordance with the regulations prescribed by the Commissioner of the General Land Office, or in which they may hereafter be allowed to so enter under said regulations prior to the promulgation of regulations to be established by the Secretary of the Interior under the fifteenth section of this act, and in which the conditions prescribed by law have been or may be complied with, the entries so allowed are hereby confirmed, and patents shall be issued thereon; subject, however, to the restrictions and limitations contained in the fifteenth section of this act in regard to alienation and incumbrance. [March 3, 1875.] NOTE.-The provisions here referred to are incorporated into Revised Statutes in sections noted in the margin. The eighth section of the act of 1862, ch. 75 (12 Stat., 392), here excepted, forms sec. 2301 of Revised Statutes. property, &c. 147 U. S., 640; 5 Dakota, 335. CHAP. 132.-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 Year ending June thirtieth, eighteen hundred and seventy-six, and for other purposes. * * * Be it enacted, &c., That after the commencement of the next fiscal year there shall be but three inspectors"; and that 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. * * * Mar. 3, 1875. 18 Stat., 420. Three Indian inspectors only, and agencies need not be inspectedtwice a year. R. S., 2013-2045. No payments to Indians holding capR. S., 2102. That the Secretary of the Interior be authorized to withhold, from any tribe of Indians who may hold any captives other than Indians, tives. any moneys due them from the United States until said captives shall be surrendered to the lawful authorities of the United States. SEC. 2. That none of the appropriations herein made, or of any nor to Indians at appropriations made for the Indian service, shall be paid to any band States. * * a Notwithstanding this provision appropriations have been annually made from 1880 to 1891 "for pay of five Indian inspectors, at $3,000 per annum," and for their traveling expenses. 21 Stat., 116, 487; 22 Stat., 70, 434; 23 Stat., 77, 364; 24 Stat., 30, 450; 25 Stat., 219, 982; 26 Stat., 338, 991; 24 C. Cls., 433. war with United R. S. 2100. re Indians to be quired to labor on amount of supplies tributed. of Indians or any portion of any band while at war with the United States or with the white citizens of any of the States or Territories. SEC. 3. That for the purpose of inducing Indians to labor and bereservations to come self-supporting, it is provided that hereafter, in distributing the and annuities dis- supplies 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 supplies 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: -may be exempted by Secretary of the Interior. Agents to make rolls of Indians entitled to supplies; how to dis tribute supplies. R. S., 2109. 1884, July 4, ch. 180, S. 9, 23 Stat. 76. Indians to be employed. R. S., 2069. Provided, That the Secretary of the Interior may, by written order, except any particular tribe, or portion of tribe, from the operation of this provision where he deems it proper and expedient. SEC. 4. That hereafter, for the purpose of properly distributing the supplies appropriated for the Indian service, it is hereby made the duty of each agent in charge of Indians and having supplies to distribute, 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. SEC. 5. * * And where Indians can perform the duties they shall be employed; and the number and kind of employees at each 1882, May 17, ch. 163, agency shall be prescribed by the Secretary of the Interior, and none others shall be employed. S. 6, post, p. 29. Agent's oath to accounts. Increase of employees: how obtained. 73 Fed. Rep., 400. vent deficiencies. R. S. 3679. 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 claimed for any other employee: Provided, That when there is no 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. Appropriations for SEC. 6. That hereafter, it shall be the duty of the Secretary of the Indian Supplies to be sodistributed as to pre- Interior, and the officers charged by law with the distribution of supplies to the Indians, under appropriations made by law, to distribute them and pay them out to the Indians entitled to them, in such proper proportions as that the amount of appropriation made for the current year shall not be expended before the end of such current year, so as to prevent deficiencies; -not to be exceeded in any year. S. 4, 26 Stat. 989. And no expenditure shall be made or liability incurred on the part 1891, Mar. 3, ch. 543, of the Government on account of the Indian service for any fiscal year (unless in compliance with existing law) beyond the amount of money previously appropriated for said service during such year. SEC. 7. That copies of all contracts made by the Comfurnished Second Au- missioner of Indian Affairs, or any other officer of the Government, R.S. 3714. 1876, Aug. for the Indian service, shall be furnished to the Second [Auditor] of 15. ch. 289, S. 3, post, P. the Treasury before any payment shall be made thereon. Copies of contracts for Indian service to be ditor. 27. * * * Congress annually a expenditure of Indian R. S. 445, 2091. Aug. SEC. 8. That hereafter, the Secretary of the Interior cause to be Secretary of Interior prepared and delivered to the Public Printer, on or before the first to print and lay before day of November in each year, a tabular statement of the items paid statement of items of out up to that date of the appropriations made for the Indian Depart- appropriations, statement for the fiscal year previously ending, each item being placed ment of salaries, etc. under the appropriation from which it was paid, in such manner as to 15, 1876, post, p. 27. show the disposition made of each appropriation and the amount unexpended of each; also an itemized statement of the salaries and incidental expenses paid at each agency for the said year, and the appropriations out of which paid, and the number of Indians at each agency; and that the same be laid before Congress on the first day of the succeeding session. And that the report of the Commissioner of Indian Affairs, with the reports of agents, be printed and laid before Congress on the first day of the said session. Commissioner of Indian Affairs-when to report. R. S., 468, 469. Bidders on account of Indian service in amounts exceeding bids with certified $5000 to accompany R. S., 3709. SEC. 9. That hereafter all bidders under any advertisement published 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, supplies, 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 post, p. 27. check, or draft 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, 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 sureties according to the terms on which such bid was made and accepted, such bidder shall forfeit the amount so deposited to the United States, and the same shall forthwith be paid into the Treasury of the United States; But if such contract shall be duly executed, as aforesaid, such draft or check so deposited shall be returned to the bidder. Sureties on Indian agents' bond to file statement of property. SEC. 10. That hereafter the security or securities, upon the bond required by the act of February twenty-seventh, eighteen hundred and fifty-one, to be given by each Indian agent before entering R. S., 2057. upon the duties of his office, shall file a sworn statement with the Secretary of the Interior, setting forth the nature and kind of property owned by such security or securities, the value of the same, and where situated; 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. Each Indian agent shall keep a book of itemized expenditures of every kind, with a 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 reservations, not to be removed from said reservation by said agent, but shall be safely kept and banded 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: Indian agents to keep book of expend itures, etc., and forward transcripts to Commissioner. 22. R. S., 2058. 1874. June 22, c. Provided, That should any agent knowingly make any false entry -punishment for failin said books, or in the transcripts directed to be forwarded to the ing to keep books, etc. Commissioner of Indian Affairs, or shall knowingly fail to keep a 389, and note, ante, p. perfect entry in said books as herein prescribed, he shall be deemed guilty of a misdemeanor, and, on conviction before any United States court having jurisdiction of such offense, shall be fined in a sum not less than five hundred nor more than one thousand dollars, at the The provision of the act of 1851, Feb. 27, c. 14, s. 6 (9 Stat., 587), is incorporated into Revised Statutes, section 2057. |