Congress of the United States a list of all final judgments rendered in pursuance of this act, in favor of claimants and against the United States, and not paid as hereinbefore provided, which shall thereupon be appropriated for in the proper appropriation bill. contracts declared SEC. 9. That all sales, transfers, or assignments of any such claims Sales and attorneys heretofore or hereafter made, except such as have occurred in the due void. administration of decedent's estates, and all contracts heretofore made for fees and allowances to claimants' attorneys are hereby declared void, And all warrants issued by the Secretary of the Treasury, in payment of such judgments, shall be made payable and delivered only to the claimant or his lawful heirs, executors or administrators or transferee under administrative proceedings, except so much thereof as shall be allowed the claimant's attorneys by the court for prosecuting said claim, which may be paid direct to such attorneys, and the allowances to the claimant's attorneys shall be regulated and fixed by the court at the time of rendering judgment in each case and entered of record as part of the findings thereof; Warrants for judg ments to be payable and delivered toclaimallowed attorneys. ants, except amount to attorneys. But in no case shall the allowance exceed fifteen per cent. of the Maximumallowance judgment recovered, except in case of claims of less amount than five hundred dollars, or where unusual services have been rendered or expenses incurred by the claimant's attorney, in which case not to exceed twenty per cent. of such judgment shall be allowed by the court. SEC. 10. That the claimant, or the United States, or the tribe of Indians, or other party thereto interested in any proceeding brought under the provisions of this act, shall have the same rights of appeal as are or may be reserved in the Statutes of the United States in other cases, and upon the conditions and limitations therein contained. The mode of procedure in claiming and perfecting an appeal shall conform, in all respects, as near as may be, to the statutes and rules of court governing appeals in other cases. SEC. 11. That all papers, reports, evidence, records and proceedings now on file or of record in any of the departments, or the office of the Secretary of the Senate, or the office of the Clerk of the House of Representatives, or certified copies of the same, relating to any claims authorized to be prosecuted under this act, shall be furnished to the court upon its order, or at the request of the Attorney-General. Appeal. R. S., 707, 708. Papers, etc., in Departments and before nished the court. Congress to be fur R. S., 1076. Additional Assist ant Attorney-General R. S., 348. SEC. 12. To facilitate the speedy disposition of the cases herein provided for, in said Court of Claims, there shall be appointed, in to be appointed. the manner prescribed by law for the appointment of Assistant Attorney-Generals, one additional Assistant Attorney-General of the United States, who shall receive a salary of twenty-five hundred dollars per annum. un SEC. 13. That the investigation and examinations, under the pro-racts heretofore in visions of the acts of Congress heretofore in force, of Indian depreda- force to cease. tion claims, shall cease upon the taking effect of this act, and the unexpended balance of the appropriation therefor shall be covered into the Treasury, except so much thereof as may be necessary for disposing of the unfinished business pertaining to the claims now under investigation in the Interior Department, pending the transfer of said claims and business to the Court or courts herein provided for, and for making such transfers and a record of the same, and for the proper care and custody of the papers and records relating thereto. [March 3, 1891.] note. "See Revised Statutes, 445, 446, 2098, 2156, 2157, and the acts cited in the following The provision referred to in the act of 1885, March 3, chapter 341 (23 Stat., 376), is as follows: "Indian depredation claims. For the investigation of certain Indian depredation claims, ten thousand dollars, and in expending said sum the Secretary of the Interior shall cause a complete list of all claims heretofore filed in the Interior Department and which have been approved in whole or in part and now remain unpaid, and also Indiandepredations. Secretary of Interior to make list of claims pending and report to Congress. -to investigate claims. Investigation con tinued. -to include claims, if any, barred. Report to Congress. Investigation con tinued. all such claims as are pending but not yet examined, on behalf of citizens of the United States on account of depredations committed, chargeable against any tribe of Indians by reason of any treaty between such tribe and the United States, including the name and address of the claimants, the date of the alleged depredations, by what tribe committed, the date of examination and approval, with a reference to the date and clause of the treaty creating the obligation for payment, to be made and presented to Congress at its next regular session; "And the Secretary is authorized and empowered, before making such report, to cause such additional investigation to be made and such further testimony to be taken as he may deem necessary to enable him to determine the kind and value of all property damaged or destroyed by reason of the depredations aforesaid, and by what tribe such depredations were committed; and his report shall include his determination upon each claim, together with the names and residences of witnesses and the testimony of each, and also what funds are now existing or to be derived by reason of treaty or other obligation out of which the same should be paid." Subsequent Indian appropriation acts contain the following provisions: 1886, May 15, chapter 333 (24 Stat., 44): "Indian depredation claims: For continuing the investigation and examination of certain Indian depredation claims originally authorized, and in the manner therein provided for, by the Indian appropriation act approved March third, eighteen hundred and eighty-five, twenty thousand dollars; "And the examination and report shall include claims, if any, barred by statute, such fact to be stated in the report; "And all claims whose examinations shall be completed by January first, eighteen hundred and eighty-seven, shall then be reported to Congress, with the opinions and conclusions of the Commissioner of Indian Affairs and the Secretary of the Interior upon all material facts, and all the evidence and papers pertaining thereto." 1887, March 2, chapter 320 (24 Stat., 464): "Indian depredation claims: For continuing the investigation and examination of certain Indian depredation claims originally authorized, and in the manner therein -to include claims, if provided for, by the Indian appropriation act approved March third, eighteen hundred and eighty-five, twenty-thousand dollars; any, barred. Report to Congress. "And the examination and report shall include claims, if any, barred by statute, such fact to be stated in the report; "And all claims whose examination shall be completed by January first, eighteen hundred and eighty-eight, shall then be reported to Congress, with the opinions and conclusions of the Commissioner of Indian Affairs and the Secretary of the Interior upon all material facts, and all the evidence and papers pertaining thereto." 1888, June 29, chapter 503 (25 Stat., 234): For continuing the investigation and examination of certain Indian depredation claims, originally authorized, and in the manner therein provided for, by the Indian appropriation acts approved March third, eighteen hundred and eighty-five, and March second, eighteen hundred and eighty-seven, twenty thousand dollars." This is repeated in the same words by 1889, March 2, chapter 412 (25 Stat., 998); 1890, August 19, chapter 807 (26 Stat., 356); and 1891, March 3, chapter 543 (26 Stat., 1009). ACTS OF FIFTY-SECOND CONGRESS, FIRST SESSION, 1892. CHAP. 12. An act making appropriations to supply a deficiency in the appropriation for the expenses of the Eleventh Census, and for other purposes. Be it enacted, &c., * * * That hereafter the Commissioner of Indian Affairs shall include in his annual report to Congress the names of all employees under the supervision and direction of the Indian Bureau, under what law said employees are appointed, the amount of compensation paid to each, and the services rendered by them. [March 8, 1892.] * * * CHAP. 59.-An act to create a third division of the district of Kansas for judicial purposes, and to fix the time for holding court therein. * * * shall constitute Be it enacted, &c., That the counties of and a term of the circuit and district courts for said district shall be held therein at the city of Fort Scott, on the first Monday of May and the first Monday of November of each year. * * * SEC. 3. That all crimes and offenses against the laws of the United States hereafter committed within the counties comprising the third division of said district, Crimes, where prosecuted. -committed on Quapaw Indian Agency. 1883, Jan. 6, c. 13 and all crimes and offenses against said laws known and defined as infamous hereafter committed within the limits of the Quapaw Indian Agency, in the Indian Territory, and of which the courts in Kansas (1 Supp. R. S., 389). have heretofore had jurisdiction, shall be prosecuted, tried, and determined at the terms of the district court hereinbefore provided for: Provided, That all such crimes and offenses heretofore committed within said district shall be prosecuted, tried, and determined in the tions. same manner and with the same effect as if this act had not been passed. * * *[May 3, 1892.] Pending prosecu CHAP. 164.-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, eighteen hundred and ninety-three, and for other purposes. * * * July 13, 1892. 27 Stat., 120. [27 Stat., 139.] Indian depredation claims. Assistant of Attorney-General. R. S., 348. 1891, Mar. 3, c. 538; S. 12, ante, p. 61. [27 Stat., 143.] Be it enacted, &c., For increase of compensation to the Assistant Attorney-General in charge of Indian depredation claims, to make his compensation the same as that allowed by law to the other Pay assistant Attorneys-General in the Department of Justice, two thousand five hundred dollars, or so much thereof as may be necessary. ** * That hereafter the Commissioner of Indian Affairs, subject to the direction of the Secretary of the Interior, is hereby authorized and tendance directed to make and enforce by proper means such rules and regulations as will secure the attendance of Indian children of suitable age and health at schools established and maintained for their benefit. * 營 * SEC. 8. That when in the judgment of the Secretary of the Interior Rules to secure at [27 Stat., 149.] any Indian tribe, or part thereof, who are receiving rations and cloth- tions to civilized Ining under this act, are sufficiently advanced in civilization to purchase dians. such rations and clothing 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. [Remainder of section relates to Santee Sioux of Nebraska and South Dakota.] SEC. 9. The Commissioner of Indian Affairs shall report annually to Congress, specifically showing the number of employees at each agency, industrial, and boarding school, which are supported in whole out of the appropriations in this act; giving name, when employed, in what capacity employed, male or female, whether white or Indian, amount of compensation paid, and out of what item or fund of the appropriation paid. Also number of employees in his office here in Washington; when employed, in what capacity employed, male or female, full name, amount of compensation paid, and out of what fund paid, and under what law employed. [July 13, 1892.] Report of all employees annually. July 23, 1892. 27 Stat., 260. CHAP. 234.-An act to amend sections twenty-one hundred and thirty-nine, twenty-one hundred and forty, and twenty-one hundred and forty-one of the Revised Statutes touching the sale of intoxicants in the Indian country, and for other purposes. Be it enacted, &c., That section twenty-one hundred and thirty-nine Indian country. Inof the Revised Statutes be amended and re-enacted so as to read as follows: "SEC. 2139. No ardent spirits, ale, beer, wine, or intoxicating liquor or liquors of whatever kind shall be introduced, under any pretense, into the Indian country. @ This act amends only Revised Statutes 2139, not 2140, 2141. See 1884, July 4, chapter 180, ante, page 31. As to jurisdiction of courts in Indian Territory, see 1889, March 1, chapter 333, ante, page 39. Punishment for vio lation. Authority from War Department adefense. Complaints, where and how made. R. S., 1014. Trial. Every person who sells, exchanges, gives, barters, or disposes of any ardent spirits, ale, beer, wine, or intoxicating liquors of any kind to any Indian under charge of any Indian superintendent or agent, or introduces or attempts to introduce any ardent spirits, ale, wine, beer, or intoxicating liquor of any kind into the Indian country shall be punished by imprisonment for not more than two years, and by fine of not more than three hundred dollars for each offense. But it shall be a sufficient defense to any charge of introducing or attempting to introduce ardent spirits, ale, beer, wine, or intoxicating liquors into the Indian country that the acts charged were done under authority in writing from the War Department, or any officer duly authorized thereunto by the War Department. All complaints for the arrest of any person or persons made for violation of any of the provisions of this act shall be made in the county where the offense shall have been committed, or if committed upon or within any reservation not included in any county, then in any county adjoining such reservation, and, if in the Indian Territory, before the United States court commissioner, or commissioner of the circuit court of the United States residing nearest the place where the offense was committed, who is not for any reason disqualified; but in all cases such arrests shall be made before any United States court commissioner residing in such adjoining county, or before any magistrate or judicial officer authorized by the laws of the State in which such reservation is located to issue warrants for the arrest and examination of offenders by section ten hundred and fourteen of the Revised Statutes of the United States. And all persons so arrested shall, unless discharged upon examination, be held to answer and stand trial before the court of the United States having jurisdiction of the offense." [July 23, 1892.] July 26, 1892. 27 Stat., 272. Pension declarations before agent. CHAP. 255.-An act in relation to the execution of declarations and other papers in pension claims. Be it enacted, &c., * * * SEC. 2. That declarations in claims of Indians may be made before a United States Indian agent. * * * [July 26, 1892.] July 26, 1892. 27 Stat., 272. Indian Office, recording of deeds, etc., legalized. R. S., 463. -but not to affect validity, etc. ized by above act. CHAP. 256.-An act to legalize the deed and other records of the Office of Indian Be it enacted, &c., That the recording of all deeds and papers heretofore made and done in the office of Commissioner of Indian Affairs be, and is hereby, confirmed, approved, and legalized; and said record. heretofore made shall be deemed, taken, and held to be good and valid and shall have all the force and effect and be entitled to the same credit as if it had been made in pursuance of and in conformity to law. But shall have no effect whatever upon the validity or invalidity of the deed or paper so recorded, and shall be no evidence of constructive notice to any persons not actually knowing the contents. What records legal- a The deed records legalized by this act begin in 1825. These deeds show the transfer of lands granted to individual Indians under the several treaties since 1817 whenever a restriction was made that the lands should not be sold without the consent of the President; also the transfer of those lands allotted to individual Indians, the patent for which contained a similar restrictive clause upon the sale of the land. The other records referred to are those of the current correspondence of the office, of treaties before ratification, of contracts made with special attorneys (Rev. Stat., 2103-2106), and of similar papers. Some of these records run back to 1800 and a few even prior to that date, when the office was under the War Department, but it was not until the year 1824 that a regular record of all the correspondence of the office was inaugurated and kept up. SEC. 2. That the Commissioner of Indian Affairs is hereby empowered and directed to continue to make and keep a record of every deed executed by any Indian, his heirs, representatives, or assigns, which may require the approval of the President of the United States or of the Secretary of the Interior, whenever such approval shall have been given, and the deed so approved returned to said office. SEC. 3. That the Commissioner of Indian Affairs shall cause a seal to be made and provided for the said office, with such device as the President of the United States shall approve, and copies of any public documents, records, books, maps, or papers belonging to or on the files of said office, authenticated by the seal and certified by the Commissioner thereof, or by such officer as may, for the time being, be acting as or for such Commissioner, shall be evidence equally with the originals thereof. Records to be kept of all deeds by Indians requiring approval. Seal-copies, how certified. R. S., 882. Certified copies of records to be fur SEC. 4. That the Commissioner of Indian Affairs shall have the custody of said seal, and shall furnish certified copies of any such nished—fees. records, books, maps, or papers belonging to or on the files of said office, to any person applying therefor who shall comply with the requirements of said office, upon the payment by such parties at the rate of ten cents per hundred words, and one dollar for copies of maps or plats, and the additional sum of twenty-five cents for the Commissioner's certificate of verification, with the seal of said office; and one of the employés of said office shall be designated by the Commissioner as the receiving clerk, who shall give bond in the sum of one thousand dollars, Receiving bond, etc. clerk Fees to be paid into Treasury -none for copies for and the amounts so received shall, under the direction of the Commissioner, be paid into the Treasury of the United States; but fees shall not be demanded for such authenticated copies as may be required official use, by the officers of any branch of the Government or by any Indian who shall satisfy the Commissioner by satisfactory legal evidence that he or she is not able, by reason of poverty, to pay such fees, nor for such unverified copies as the Commissioner in his discretion may deem proper to furnish. [July 26, 1892.] or for poor Indians, -or for unverified copies. ACTS OF FIFTY-SECOND CONGRESS-SECOND SESSION, 1893. CHAP. 209.-An act making appropriations for current and contingent expenses, and fulfilling treaty stipulations with Indian tribes, for fiscal year ending June thirtieth, eighteen hundred and ninety-four. * Be it enacted, &c., *The superintendent of the Indian Training School at Cherokee, North Carolina, shall, in addition to his duties as superintendent, perform the duties heretofore required of the agent at said Cherokee Agency, and receive in addition to his salary as superintendent two hundred dollars per annum, and shall give bond as other Indian agents, and that the office of agent be, and the same is hereby abolished at that place; * * * be Agent abolished. [27 Stat., 628.] Rations, etc., not to issued on account children who do not attend school. 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 fam- of ily for or on account of any Indian child or children between the ages of eight and twenty-one years who shall not have attended school during the preceding year in accordance with such regulations. - except when, etc. 1891, Mar. 3, c. 543, This provision shall not apply to reservations or part of reservations where sufficient school facilities have not been furnished nor ante, p. 26, Stat. 959. until full notice of such regulations shall have been given to the Indians to be affected thereby. 1892, July 13, c. 164, ante, p. 63. Subsistence withheld to be credited to The amount and value of subsistence so withheld shall be credited to the tribe or tribes from whom the same is withheld, to be issued tribe. S. Doc. 452, pt 1—5 |