ACTS OF FORTY-SEVENTH CONGRESS-SECOND SESSION, 1883. CHAP. 141.-An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, eighteen hundred and eighty-three, and for prior years, and for those certified as due by the accounting officers of the Treasury in accordance with section four of the act of June fourteenth, eighteen hundred and seventy-eight, heretofore paid from permanent appropriations, and for other purposes. * * * The proceeds of Mar. 3, 1883. 22 Stat., 582. [22 Stat., 590.] Proceeds of timber, ered in, etc. 1887, Mar. 2, ch. 320, Be it enacted, &c., * * * SEC. 2. all pasturage and sales of timber, coal, or other product of any Indian etc., from Indian resreservation, except those of the five civilized tribes, and not the result ervations to be covof the labor of any member of such tribe, shall be covered into the R. S., 2093. Treasury for the benefit of such tribe under such regulations as the post, p. 36. Secretary of the Interior shall prescribe; and the Secretary shall report his action in detail to Congress at its next session. [March 3, 1883.] * * ACTS OF FORTY-EIGHTH CONGRESS-FIRST SESSION, 1884. CHAP. 180.-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 eighty-five, and for other purposes. That special agents shall be allowed three dollars per diem for traveling and incidental expenses while traveling or actually on duty in the field, exclusive of cost of transportation and sleeping-car fare. * * That where Indians are in possession or control of cattle or their increase which have been purchased by the Government such cattle shall not be sold to any person not a member of the tribe to which the 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 Penalty. the offending purchaser on conviction thereof shall be fined not less than five hundred dollars and imprisoned not less than six months. * And no part of section twenty-one hundred and thirty-nine or of section twenty-one hundred and forty of the Revised Statutes shall be a bar to the prosecution of any officer, soldier, sutler or storekeeper, attache, or employe of the Army of the United States who shall barter, donate, or furnish in any manner whatsoever liquors, wines, beer, or any intoxicating beverage whatsoever to any Indian. * * * That such Indians as may now be located on public lands, or as may, under the direction of the Secretary of the Interior, or otherwise, hereafter, so locate may avail themselves of the provisions of the homestead laws as fully and to the same extent as may now be done by citizens of the United States; and to aid such Indians in making selections of homesteads and the necessary proofs at the proper land offices, one thousand dollars, or so much thereof as may be necessary, is hereby appropriated; but no fees or commissions shall be charged on account of said entries or proofs. All patents therefor shall be of the legal effect, and declare that the United States does and will hold the land thus entered for the period of twenty-five years, in trust for the sole use and benefit of the Indian by whom such entry shall have been made, or, in case of his decease, of his widow and 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 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. * * * [23 Stat., 97.] Officers and others vouchers to forfeit all claims, etc. 389, and note, ante, p. 22 132, S. 10, ante, p. 25. SEC. 8. That any disbursing or other officer of the United States, presenting false or other person who shall knowingly present, or cause to be presented, any voucher, account, or claim to any officer of the United States, 1874. June 22, ch. for approval or payment, or for the purpose of securing a credit in 1875, March 3, eh, any account with the United States, relating to any matter pertaining 1875, March 3, ch. 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 to the United States are collected: Indian agents on to submit census in annual reports. R. S., 2058. Expense of land service not charge Provided, That where an account contains more than one voucher the foregoing shall apply only to such vouchers as contain the misrepresentation: And provided further, That the officers and persons by and between whom the business is transacted 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, account, 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 like offenses. That where practicable this section shall be printed on the blank forms of vouchers provided for general use. the SEC. 9. That hereafter each Indian agent be required, in his annual report, to submit a census of the Indians at his agency or upon reservation under his charge, the number of males above eighteen years of age, the number of females above fourteen 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. 10. That no part of the expenses of the public lands service able to Indian lands. shall be deducted from the proceeds of Indian lands sold through the General Land Office, except as authorized by the treaty or agreement providing for the disposition of the lands. [July 4, 1884.] 110 U.S., 688. * * Mar. 3, 1885. 23 Stat., 362. [23 Stat., 385.] Indians committing certain crimes in Ter laws thereof. R. S., 2145, 2146. post, p. 36. ACTS OF FORTY-EIGHTH CONGRESS-SECOND SESSION, 1885. CHAP. 341.-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 eighty-six, and for other purposes. SEC. 9. That immediately upon and ritory, etc., subject to after the date of the passage of this act all Indians, committing against the person or property of another Indian or other person any of the 1887, Mar. 2, c. 320, following crimes, namely, murder, manslaughter, rape, assault with 1888, Feb. 15, c. 10, intent to kill, arson, burglary, and larceny within any Territory of the United States, and either within or without an Indian reservation, post, p. 82; 118, U.S.. shall be subject therefor to the laws of such Territory relating to said 47 Fed. Rep., 488. crimes, and shall be tried therefor in the same courts and in the same 1889, Mar. 1. c. 333. manner and shall be subject to the same penalties as are all other per1889, Mar. 2, c. 421, sons charged with the commission of said crimes, respectively; and 1890, May 2, c. 182, s. the said courts are hereby given jurisdiction in all such cases; 375; 31 Fed. Rep., 327; and note, post, p. 39; s. 11. post, p. 45. 29-42, post, p. 47; 113 U.S., 375; 130 U. S., 343; 130 U.S.. 353. -in States and Indian reservations, to what laws subject. And all such Indians committing any of the above crimes against the person or property of another Indian or other person within the boundaries of any State of the United States, and within the limits of any Fed. Rep., 541; 46 Pac, RD., 636: 140 U. S., 575; 99 Fed. Rep., 437. Indian reservation, shall be subject to the same laws, tried in the same 37 Fed. Rep., 145: 66 courts and in the same manner, and subject to the same penalties as are ali other persons committing any of the above crimes within the exclusive jurisdiction of the United States. [March 3, 1885.] ACTS OF FORTY-NINTH CONGRESS-SECOND SESSION, 1887. CHAP. 119.-An act to provide for the allotment of lands in severalty to Indians on the various reservations, and to extend the protection of the laws of the United States and the Territories over the Indians, and for other purposes. a Be it enacted, &c., [For substitute for section 1, see 1891, Feb. 28, c. 383, s. 1, post, p. 56]. SEC. 2. That all allotments set apart under the provisions of this act shall be selected by the Indians, heads of families selecting for their 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. Feb. 8, 1887. 24 Stat., 388. President may allot land. Selection of allot ments. 19 Opins., 255, 559. Where the improvements of two or more Indians have been made Improvements. on the same legal subdivision of land, unless they shall otherwise agree, a provisional line 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: Failure to select for four years, Secretary Provided, That if any one entitled to an allotment shall fail to make a selection within four years after the President shall direct that allot- of Interior may select. ments may be made on a particular reservation, the Secretary of the Interior may direct the agent of such tribe or band, if such there be, and if there be no agent, then a special agent appointed for that purpose, to make a selection for such Indian, which selection shall be allotted as in cases where selections are made by the Indians, and patents shall issue in like manner. agents, reservation 19 Opins., 14. 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 made by special the agents in charge of the respective reservations on which the allot- agents. ments 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 Affairs, in certificates. 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. 4. That where any Indian not residing upon a reservation, or for whose tribe no reservation has been provided by treaty, act of Congress or executive order, shall make settlement upon any surveyed or unsurveyed lands of the United States not otherwise appropriated, he or she shall be entitled, upon application to the local landoffice 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 this 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 them for such lands in the manner and with the restrictions as herein provided. a Special provisions exist in regard to lands in severalty to the following tribes: Stockbridge Munsee, Ottawa and Chippewa of Michigan, Ute, Winnebago, Crow, Omaha, Umatilla, Sac and Fox, Iowa, Sioux, Gros Ventres, Piegan, Blood, Blackfeet, River Crow, Winnebago, Chippewa, Shoshone, Bannock, Sheepeater, Flathead, Ponca, Confederated Wea, Peoria, Kaskaskia, Piankeshaw and Western Miami, Round Valley, Mission, Citizen Band of Pottawatomie, Cheyenne and Arapahoe, Coeur d'Alene, Arickaree, Mandan, Sisseton and Wahpeton bands of Sioux-for reference to which special provisions, see index under title "Allotments;" See also in the index, names of particular tribes. S. Doc. 452, pt 1 -3 69 Fed. Rep., 886. 64 Fed. Rep., 417. Indians not on res make selection of 56 Fed. Rep., 855; 72 N.W. Rep., 8: 65 Fed. 471. Fees of land officers to be paid from Treasury. Patent to issue, hold ing lands in trust; con five years. s. 15, ante, p. 23. 1889, Feb. 16, c. 172, post, p. 39. 19 Opins., 232. 1901, Mar. 3, c. 832, post, p. 114. And the fees to which the officers of such local land-office would have been entitied 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 General Land Office and a certification of such account to the Secretary of the Treasury by the Secretary of the Interior. SEC. 5. That upon the approval of the allotments provided for in veyance after twenty- this act by the Secretary of the Interior, he shall cause patents to issue 1875, Mar. 3. c. 131, therefor in the name of the allottees, which patents shall be of the legal effect, and declare that the United States does and will hold the land thus allotted for the period of twenty-five years, in trust for 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 by patent to said Indian, or his heirs as aforesaid, in fee, discharged of said trust and free of all charge or incumbrance whatsoever: Provided, That the President of the United States may in any case in his discretion extend the period. Contracts, convey ances, etc., before end of twenty-five years 1891, Feb. 28, c. 383, void. s. 1, post, p. 56. Laws of descent and partition. s. 5, post, p. 58. And if any conveyance shall be made of the lands set apart and allotted as herein provided, or any contract made touching the same, before the expiration of the time above mentioned, such conveyance or contract shall be absolutely null and void: Provided, That the law of descent and partition in force in the State 1891, Feb. 18, c. 383, or Territory where such lands are situate shall apply thereto after patents therefor have been executed and delivered, except as herein otherwise provided; and the laws of the State of Kansas regulating the descent and partition of real estate shall, so far as practicable, apply to all lands in the Indian Territory which may be allotted in severalty under the provisions of this act: Negotiations by See purchase of lands not And provided further, That at any time after lands have been retary of Interior for 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 tribe for the purchase and release by said tribe, in conformity with 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 sell, on such terms and conditions as shall be considered just and equitable between the United States and said tribe of Indians, which purchase shall not be complete until ratified by Congress, and the form and manner of executing such release shall also be prescribed by Congress: Agricultural lands so purchased to be tlers, if arable. 1891, Mar. 3, c. 561, s. 10, 26 Stat., 1095. Provided however, That all lands adapted to agriculture, with or held for actual set without irrigation so sold or released to the United States by any Indian tribe shall be held by the United States for the sole purpose of securing homes to actual settlers and shall 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 Congress may make in aid of education: Patent to issue only to persons taking for homestead. Purchase-money to be held in trust for Indians. And provided further, That no patents shall issue therefor except to the person so taking the same as and for a homestead, or his heirs, and after the expiration of five years occupancy thereof as such homestead; and any conveyance of said 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 in the Treasury of the United States for the sole use of the tribe or 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 civilization of such tribe or tribes of Indians or the members thereof. Patents to be recorded free. Lands occupied by to them. The patents aforesaid shall be recorded in the General Land Office, and afterward delivered, free of charge, to the allottee entitled thereto. And if any religious society or other organization is now occupy religious organiza ing any of the public lands to which this act is applicable, for reli- tions to be confirmed gious 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 shall change or alter any claim of such society for religious or educational purposes heretofore granted by law. And hereafter in the employment of Indian police, or any other, In employment of Indians preference to employes in the public service among any of the Indian tribes or be given, etc. bands affected by this act, and where Indians can peform the duties required, those Indians who have availed themselves of the provi- ante, p. 27. sions of this act and become citizens of the United States shall be ante, p. 28. preferred. SEC. 6. That upon the completion of said allotments and the pat-Citizenship to be acFenting of the lands to said allottees, each and every member of the respective bands or tribes of Indians to whom allotments have been made shall have the benefit of and be subject to the laws, both civil and criminal, of the State or Territory in which they may reside; and no Territory shall pass or enforce any law denying any such Indian within its jurisdiction the equal protection of the law. R. S., 2069. 1880, May 11, ch. 85, corded to allotteesand Indians adopting civ- S., 1875, Mar. 3, ch. 131, s. 15, ante, p. 23. 1888. Aug. 9. ch., 818, post, p. 38. 1901, Mar. 3, ch. 868, post, p. 114. 66 Fed. Rep., 541. 71 Fed. Rep., 576. And every Indian born within the territorial limits of the United States to whom allotments shall have been made under the provi-64 Fed. Rep., 417. sions of this act, or under any law or treaty, and every Indian born within the territorial limits of the United States who has voluntarily taken up, within said limits, his residence separate and apart from any tribe of Indians therein, and has adopted the habits of civilized life, [and every Indian in Indian Territory,] is hereby declared to be a citizen of the United States, and is entitled to all the rights, privileges, and immunities of such citizens, whether said Indian has been or not, by birth or otherwise, a member of any tribe of Indians within the territorial limits of the United States without in any manner impairing or otherwise affecting the right of any such Indian to tribal or other property. As amended, post, p. 114. Secretary of Interior gation. SEC. 7. That in cases where the use of water for irrigation is nec- to prescribe rules for essary to render the lands within any Indian reservation available for use of waters for irriagricultural purposes, the Secretary of the Interior be, and he is hereby, authorized to prescribe such rules and regulations as he may deem necessary to secure a just and equal distribution thereof among the Indians residing upon any such reservations; and no other appropriation or grant of water by any riparian proprietor shall be authorized or permitted to the damage of any other riparian proprietor. Act not to extend to SEC. 8. That the provision of this act shall not extend to the terri- lands of certain tribes. tory occupied by the Cherokees, Creeks, Choctaws, Chickasaws, Seminoles, and Osage, Miamies and Peorias, and Sacs and Foxes, in the Indian Territory, nor to any of the reservations of the Seneca Nation of New York Indians in the State of New York, nor to that strip of territory in the State of Nebraska adjoining the Sioux Nation on the south added by executive order." SEC. 9. That for the purpose of making the surveys and resurveys mentioned in section two of this act, there be, and hereby is, appro The provisions of this act are extended to the Wea, Peoria, Kaskaskia, Piankeshaw, and Western Miami tribes by act of 1889, March 2, ch. 422 (post, p. 344). Appropriation for surveys. |