[27 Stat., 631.] Costs of legal con dians to be paid. and paid when in the judgment of the Secretary of the Interior they shall have fully complied with such regulations. * * * To enable the Secretary of the Interior, in his discretion, to pay the tests by or against In- legal costs incurred by Indians in contests initiated by or against them, 1875, Mar. 3, ante, to any entry, filing, or other claims, under the laws of Congress relat1884, July 4, ante, ing to public lands, for any sufficient cause affecting the legality or validity of the entry, filing or claim, five thousand dollars: p. 23. p. 31. 1887, Feb. 8, ante, p. 33. p. 57. Provided, That the fees to be paid by and on behalf of the Indian 1991, Feb. 28, ante, party in any case shall be one-half of the fees provided by law in such cases, and 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 through the Commissioner of the General Land Office. District attorneys to represent Indians. [27 Stat., 632.] Transportation,etc., Indians to be engaged. In all States and Territories where there are reservations or allotted * * * * * Provided, that Indians shall be employed in the transportation of supplies and in other work 1882, May 17. c. 163, connected with the Indian service wherever practicable. R. S., 2069. s. 6, ante, p. 29. [27 Stat., 635.] Rations, etc., may be attendance at school. See ante, p. 65. * * * Hereafter the Secretary of the Interior may in his discretion withwithheld for non- hold rations, clothing and other annuities from Indian parents or guardians who refuse or neglect to send and keep their children of proper school age in some school a reasonable portion of each year. [March 3, 1893.] CHAP. 3.-An act making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, eighteen hundred and ninetyfour, and for other purposes. Be it enacted, &c., * * * For the deficiency in the compensa general in Indian dep- tion of the assistant attorney-general" charged with the defense of redation claims. Sal- Indian depredation claims, which compensation shall hereafter be the same as that of the other assistant attorneys-general in the Department of Justice, two thousand five hundred dollars, or so much thereof as may be necessary. [December 21, 1893.] CHAP. 236.-An Act To require railroad companies operating railroads in the Territories over a right of way granted by the Government to establish stations and depots at all town sites on the lines of said roads established by the Interior Department. Be it enacted, &c., That all railroad companies operating railroads of way to have stations through the Territories of the United States over a right of way obtained under any grant or Act of Congress giving to said railroad companies the right of way over the public lands of the United States shall be required to establish and maintain passenger stations and freight depots at or within one-fourth of a mile of the boundary limits of all town sites already established in said Territories on the line of said railroads by authority of the Interior Department. SEC..2. That said railroad companies are hereby required within three months from the passage of this Act to establish at or within onefourth of a mile of the boundary limits of all town sites provided for in @ This office was created by 1891, March 3, chapter 538, section 12 ante, page 61, with an annual salary of $2,500; the salary was increased for the year ending June 30, 1892, to $5,000 by 1892, July 13, chapter 164, ante, page 63, and by the above provision the increase is made permanent. The salary of assistant attorneysgeneral is fixed by Revised Statutes, 348, at $5,000. the preceding section, passenger stations, freight depots, and other accommodations necessary for receiving and discharging passengers and freight at such points; and upon failure of said companies to establish such stations and Penalty for failure. depots within said time said companies shall be liable to a fine of five hundred dollars for each day thereafter until said stations and depots shall be established, which shall be recovered in a suit brought by the United States in the United States courts in any Territory through which said railroads may pass. [August 8, 1894.] CHAP. 290.-An act making appropriations for current and contingent expenses of the Indian Department and fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and for other purposes. * -how recovered. Aug. 15, 1894. 28 Stat., 286. Indian affairs. schools may act as agents. Be it enacted, &c., That the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, may devolve the duties of any Indian agency upon the superintendent of the Indian Superintendents of 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 to give bond. bond as other Indian agents;" * * * Hereafter the annual salaries of the several Indian agents shall be as provided for in this Act." For the payment of necessary interpreters, to be distributed in the discretion of the Secretary of the Interior, * * * dollars; but no @ This provision, without the last sentence as to bond, is repeated from the previous appropriation act, 1893, March 3, ch. 209. A provision has been repeated annually in the Indian appropriation acts, since 1884, repealing all laws fixing compensation of Indian agents in excess of the amount provided in the particular act. This paragraph now seems intended to take the place of the recurrent annual provisions and to fix the salaries on a permanent basis. The salaries so fixed in this act are as follows: Blackfeet Agency, Montana, $1,800. Cherokee School, North Carolina: Additional compensation to superintendent of said school for performing the duties heretofore required of the agency at the Cherokee Agency, $200. Cheyenne and Arapaho Agency, Oklahoma Territory, $1,800. Cheyenne River Agency, South Dakota, $1,700. Colorado River Agency, Arizona, $1,500. Colville Agency, Washington, $1,500. Crow Creek and Lower Brule Agency, South Dakota, $1,800. Crow Agency, Montana, $1,800. Devils Lake Agency, North Dakota, $1,200. Flathead Agency, Montana, $1,500. Fort Belknap Agency, Montana, $1,500. Fort Berthold Agency, South Dakota, $1,500. Fort Hall Agency, Idaho, $1,500. Fort Peck Agency, Montana, $1,800. Grand Ronde Agency, Oregon, $1,200. Green Bay Agency, Wisconsin, $1,800. Hoopa Valley Agency, California, $1,200. Kiowa Agency, Oklahoma Territory, $1,800. Klamath Agency, Oregon, $1,200. La Pointe Agency, Wisconsin, $1,800. Lemhi Agency, Idaho, $1,200. Mescalero Agency, New Mexico, $1,600. Mission Tule River Agency, California, $1,600. Navajo Agency, New Mexico, $1,800. Neah Bay Agency, Washington, $1,200. Nevada Agency, Nevada, $1,500. New York Agency, New York, $1,000. Nez Perces Agency, Idaho, $1,600. R. S., 2075. 1875, Mar. 3, c. 132, s. 10, ante, p. 25. Salaries of agents fixed. [28 Stat., 305.] Surplus tribal lands to be leased for farm1900, May 31, c. 598, ing. post, p. 105. Claimants may ap 1893, Mar. 3, c. 209, ante, p. 66. 95 Fed. Rep., 193. person employed by the United States and paid for any other service shall be paid for interpreting.c * * * That the surplus lands of any tribe may be leased for farming purposes by the council of such tribe under the same rules and regulations and for the same term of years as is now allowed in the case of leases for grazing purposes. That all persons who are in whole or in part of Indian blood or pear in circuit court. descent who are entitled to an allotment of land under any law of Congress, or who claim to be so entitled to land under any allotment Act or under any grant made by Congress, or who claim to have been unlawfully denied or excluded from any allotment or any parcel of land to which they claim to be lawfully entitled by virtue of any Act of Congress, may commence and prosecute or defend any action, suit, or proceeding in relation to their right thereto, in the proper circuit court of the United States. Amended, post, p. 108. Jurisdiction to courts. Effect of judgments. Lands excepted. Appeal. [28 Stat., 311.J Equal education to those taking lands in severalty. And said circuit courts are hereby given jurisdiction to try and determine any action, suit, or proceeding arising within their respective jurisdictions, involving the right of any person, in whole or in part of Indian blood or descent, to any allotment of land under any law or treaty. And the judgment or decree of any such court in favor of any claimant to an allotment of land shall have the same effect, when properly certified to the Secretary of the Interior, as if such allotment had been allowed and approved by him; but this provision shall not apply to any lands now held by either of the Five Civilized Tribes nor to any of the lands within the Quapaw Indian Agency: Provided, That the right of appeal shall be allowed to either party as in other cases. * * * That hereafter in the expenditure of money appropriated for any of the purposes of education of Indian children, those children of 1893. Mar. 3, c. 209, Indians who have taken or may hereafter take lands in severalty 1887. Feb. 8, c. 119, under any existing law shall not, by reason thereof, be excluded from 1891, Feb. 28, c. 383, the benefits of such appropriation. ante, p. 65. ante, p. 33. ante, p. 57. Osage Agency, Oklahoma Territory, $1,600. Pima Agency, Arizona, $1,800. Pine Ridge Agency, South Dakota. $1,800. Pottawatomie and Great Nemaha Agency, Kansas, $1,200. Ponca, Pawnee, Otoe, and Oakland Agency, Oklahoma Territory, $1,500. Pueblo and Jicarilla Agency, New Mexico, $1,500. Puyallup (consolidated) Agency, Washington, $1,600. Rosebud Agency, South Dakota, $1,800. Round Valley Agency, California, $1,500. Sac and Fox Agency, Iowa, $1,000. Sac and Fox Agency, Oklahoma Territory, $1,200. San Carlos Agency, Arizona, $1,800. Santee Agency, Nebraska, $1,200. Shoshone Agency, Wyoming, $1,500 Siletz Agency, Oregon, $1,200. Sisseton Agency, South Dakota, $1,500. Southern Ute Agency, Colorado, $1,400. Standing Rock Agency, North Dakota, $1,800. Tongue River Agency, Montana, $1,500. Tulalip Agency, Washington, $1,200. Uintah and Ouray Agency, Utah (consolidated), $1,800. Umatilla Agency, Oregon, $1,200. Union Agency, Indian Territory, $1,500. Warm Springs Agency, Oregon, $1,200. Western Shoshone Agency, Nevada, $1,500. White Earth Agency, Minnesota, $1,800. Yakima Agency, Washington, $1,800. Yankton Agency, South Dakota, $1,600. Quapaw Agency, Indian Territory, $1,400. This provision has been repeated annually since 1885. SEC. 2. That the Secretary of the Treasury is hereby authorized and directed to place upon the books of the Treasury to the credit of the several Indian tribes interested therein, the face value of certain nonpaying State bonds or stocks, including certain abstracted bonds described on pages one hundred and fifty-three and one hundred and fifty-four of Annual Estimates for the fiscal year ending June thirtieth, eighteen hundred and ninety-five (House Executive Document Numbered five, Fifty-third Congress, second session), to draw interest at the rate of five per cent per annum, as provided by the Act of April one, eighteen hundred and eighty; and thereupon said State bonds or stocks shall become the property of the United States. SEC. 3. * * * * * Interest to be paid. 1880, Apr. 1, c. 41, United States. [28 Stat., 312.] Supplies tobe manu And the Secretary of the Interior may, when practicable, arrange for the manufacture by Indians upon the reserva- factured by Indians. tion, of shoes, clothing, leather, harness, and wagons. Advertisement and contract before appro SEC. 4. That hereafter the Commissioner of Indian Affairs is authorized to advertise in the spring of each year for bids, and enter into priations. contracts, subject to the approval of the Secretary of the Interior, for R. S., 3679, 3732, 3733. goods and supplies for the Indian service required for the ensuing fiscal year, notwithstanding the fact that the appropriations for such fiscal year have not been made, and the contracts so made shall be on the basis of the appropriations Contracts on for the preceding fiscal year * ** basis of preceding year. No liability unless appropriation. Report of employees schools. at agencies and shall contain a clause that no deliveries shall be made under the same and no liability attach to the United States in consequence of such execution if Congress fails to make an appropriation for such contract for the fiscal year for which those supplied are required. SEC. 9. f That 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 or in part out of the appropriations in this Act, giving name, when employed, in what capacity employed, male or female, whether post, p. 107. white or Indian, amount of compensation paid, and out of what item or fund of the appropriation paid. R. S., 468. and 1889, Mar. 2, c. 412, ante, p. 44. 1900, May 31, c. 598, S., 468. Also the number of employees in the Indian Bureau in Washington, Indian Bureau, R. 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. SEC. 10. That in the Indian service Indians shall be employed as herders, teamsters, and laborers, and where practicable in all other employments, in connection with the agencies and the Indian service. * Indian employees preferred. (1Supp. R. S., 343). forced. * And it shall be the duty of the Secretary of the Interior and the Provision to be enCommissioner of Indian Affairs to enforce this provision. [August 15, 1894.] d See other acts relating to employment of Indians and purchase of goods made by them: Revised Statutes 2069, 2127; 1875, March 3, c. 132, s. 3, 5 (ante p. 24); 1877, March 3, c. 101 (ante p. 27); 1880, May 11, ch. 85 (ante p. 28); 1882, May 17, c. 163, 6 (ante p. 29); 1893, March 3, c. 209 (ante p. 66). See notes reviewing laws in relation to advertisements appended to 1894, January 27, c. 22 (2 supp., R. S., 169.) A similar provision, including the word "hereafter," has been repeated annually in Indian appropriation acts. See 1891, March 3, c. 543 (26 stat. 989); 1892, July 13, c. 164 (27 Stat., 144); 1893, March 3, c. 646 (27 Stat. L., 639). This section directs the Commissioner to report "annually," this indicating a permanent provision; but the report is to be of schools “supported out of the appropriations in this Act," apparently indicating a temporary provision for the single This is repeated from the previous appropriation acts of 1892 and 1893 (27 Stat. L., 145, 640). year. Aug. 23, 1894. 28 Stat., 424. [28 Stat., 441.] Indian convicts. No payments to keeping. State or Territory for 1885, Mar. 3, c. 341, S. 9, ante, p. 32. CHAP. 307.-An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, eighteen hundred and ninety-four, and for prior years, and for other purposes. Territory of Arizona: The Attorney-General shall pay out of the appropriation for support of United States prisoners for the fiscal year eighteen hundred and ninety-five, such sums as may be found equitably due upon examination, to the Territory of Arizona for maintenance of Indian convicts in Territorial prisons heretofore convicted under the provisions of section nine of the Indian appropriation act, approved March third, eighteen hundred and eighty-five: Provided, That hereafter no payment shall be made to any State or Territory for maintenance and keeping in prison of Indian convicts convicted in any State or Territorial court for violation of the provisions of said section nine of the said Act approved March third, eighteen hundred and eighty-five. [August 23, 1894.] * Jan. 26, 1895. 28 Stat., 641. Public lands. and patents to Indians to be corrected. 1887, Feb. 8, c. 119, ante, p. 33. ante, p. 56. ACTS OF FIFTY-THIRD CONGRESS-THIRD SESSION, 1895. CHAP. 50.-An act authorizing the Secretary of the Interior to correct errors where double allotments of land have erroneously been made to an Indian, to correct errors in patents, and for other purposes. Be it enacted, de., That in all cases where it shall appear that a double allotment of land has heretofore been, or shall hereafter be, Errors in allotments wrongfully or erroneously made by the Secretary of the Interior to any Indian by an assumed name or otherwise, or where a mistake has been or shall be made in the description of the land inserted in any patent, 1891, Feb. 28, c. 383, said Secretary is hereby authorized and directed, during the time that the United States may hold the title to the land in trust for any such Indian and for which a conditional patent may have been issued, to rectify and correct such mistake and cancel any patent which may have been erroneously and wrongfully issued, whenever in his opinion the same ought to be canceled for error in the issue thereof, or for the best interests of the Indian, and, if possession of the original patent can not be obtained, such cancellation shall be effective if made upon the records of the General Land Office; and no proclamation shall be necessary to open the lands so allotted to settlement. [January 26, 1895.] Mar. 1, 1895. 28 Stat., 693. Indian Territory. Three judicial dis CHAP. 145.—An act to provide for the appointment of additional judges of the United Be it enacted, &c., That the territory known as the Indian Territory, tricts created. now within the jurisdiction of the United States court in said Terris. 1. ante, 133, tory, is hereby divided into three judicial districts, to be known as the June 7, ch. 3, post, p. northern, central, and southern districts, 87. 1, ante, p. 41; 1897, Terms of courts. 1889. Mar. 1, c. 333, s. 7, ante, p. 41. Northern district. and at least two terms of the United States court in the Indian Territory shall be held each year at each place of holding court in each district at such regular times as the judge for such district shall fix and determine. The northern district shall consist of all the Creek country, all of the Seminole country, all of the Cherokee country, all of the country occupied by the Indian tribes in the Quapaw Indian Agency, and the town site of the Miami Townsite Company, and the places of holding courts in said district shall be at Vinita, Miami, Tahlequah, and Muscogee. See 1889, March 1, ch. 333, and note (a) (ante, p. 39), and amendatory act of 1890, May 2, secs. 29-43 (ante, p. 47), for previous legislation in regard to jurisdiction of courts and punishment of offenses in the Indian Territory. |