zances in said prosecutions shall be returned to that division in which said prosecutions by this act are to be tried. SEC. 2. That said act be further amended by adding to and at the end of section third thereof the words "and Aransas." 1879, SEC. 3. This act shall not apply to prosecutions now pending. [June 14, 1880.] Aransas County R. S., § 548. CHAPTER 214. AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO AMEND THE STATUTES IN RELA- Transportation in bond of dutiable goods; error in act corrected. June 14, 1880. 21 Stat. L., 198. Transportation Be it enacted, &c., That in the act entitled "An Act to amend the Stat- in bond of dutiable utes in relation to immediate transportation of dutiable goods, and for goods; error in other purposes", approved June tenth, eighteen hundred and eighty, acts corrected. the words "section four" where they occur in the first section of the act, 190. be changed to "section five". [June 14, 1880.] 1880, June 10, ch. CHAPTER 221. AN ACT TO PROVIDE FOR THE DISPOSAL OF THE FORT HARKER MILITARY RESERVA June 15, 1880. 4 21 Stat. L., 198. [SECTION 1], That the Secretary of War is hereby authorized to turn Fort Harker mil over to the Secretary of the Interior the Fort Harker military reserva- itary reservation tion in Kansas for sale, as hereinafter provided. in Kansas to be SEC. 2. The Secretary of the Interior shall cause said reservation to to be appraised be appraised as early as practicable, in tracts not exceeding one hundred and offered for and sixty acres each, by three competent disinterested persons, who shall sale. be appointed by the Secretary of the Interior, and who shall make said appraisement under oath, and upon the approval of such appraisement by the Secretary, he shall offer said reservation for sale by giving such notice as is now required for the sale of public lands. The persons who may have at the date of the passage of this act present settlers settled upon and improved said lands, shall have the prior right to pur- on, to have prior chase the lands so settled upon at the appraised value thereof, not to right to purchase at appraisal. exceed one hundred and sixty acres, except in the case of a fractional quarter-section to each person, and shall have such reasonable time in which to make payment therefor as the Secretary of the Interior may prescribe. Such portion of said reservation as shall not have been settled upon - rest may be sold and improved at the date of the passage of this act shall be sold by the to new settlers. Secretary of the Interior to actual settlers, under such regulations as he may prescribe: Provided, That no land shall be sold under the provisions of this act not to be sold for less than one dollar and a quarter per acre nor at a less price than for less than $1.25 the appraisal thereof. All sales of land herein provided for shall be made as nearly as practicable under the rules and regulations now existing for disposing of the public lands of the United States. [June 15, 1880.] per acre. rules for sale of. June 15, 1880. 21 Stat. L., 199. Preamble. Agreement with Ute Indians in Colorado ratified, except, &c. Addition to first clause. -to third clause: schools. Annuities. CHAPTER 223. AN ACT TO ACCEPT AND RATIFY THE AGREEMENT SUBMITTED BY THE CONFEDERATED Whereas certain of the chiefs and headmen of the confederated bands of the Ute tribe of Indians, now present in the city of Washington, have agreed upon and submitted to the Secretary of the Interior an agreement for the sale to the United States of their present reservation in the State of Col orado, their settlement upon lands in severalty, and for other purposes; and Whereas the President of the United States has submitted said agreement, with his approval of the same, to the Congress of the United States for acceptance and ratification, and for the necessary legislation to carry the same into effect: Therefore Be it enacted, &c. [SECTION 1], That said agreement be, and the same is hereby, accepted, ratified, and confirmed: Provided, That the said agreement shall be amended by adding to the first clause thereof, after the words "guilty parties", the words following, to wit: "Until such surrender or apprehension, or until the President shall be satisfied that the guilty parties are no longer living or have fled beyond the limits of the United States, the proportion of the money, hereinafter provided, coming to that portion of the Ute Indians known as the White River Utes, except for removal and settlement, shall not be paid"; And by adding to the third express condition of said agreement after the word "forever", the words following, to wit: Provided, That the President of the United States may, in his discretion, appropriate an amount thereof, not exceeding ten thousand dollars, for the education in schools established within or beyond the limits of the lands selected, of such youths of both sexes as in his judgment may be best qualified to make proficiency in practical industries and pursuits necessary for their self-support; And out of the portion of said moneys coming to the White River Utes, the United States shall pay annually to the following-named persons, during the period of twenty years, if they shall live so long, the following sums respectively: To Mrs. Arivella D. Meeker, five hundred dollars; to Miss Josephine Meeker five hundred dollars; to Mrs. Sophronia Price, five hundred dollars; to Mrs. Maggie Gordon, five hundred dollars; to George Dresser, two hundred dollars; to Mrs. Sarah M. Post, five hundred dollars; to Mrs. Eaton, mother of George Eaton, two hundred dollars; to the parents of Arthur L. Thompson two hundred dollars; to the father of Fred Shepard, two hundred dollars; to the parents of Wilmer Eskridge, two hundred dollars"; And by adding to the fifth express condition of said agreement after word "reaffirmed", the words following to wit: "This sum, together with the annuity of fifty thousand dollars herein before provided, may, in the discretion of Congress, at the end of twenty-five years, be capitalized, and the principal sum be paid to said Indians per capita in lieu of said annuities"; Addition to fifth clause. agreement. And provided also, That three-fourths of the adult male members of Members to sign said confederated bands shall agree to and sign said agreement, upon presentation of the same to them, in open council, in the manner hereinafter provided: Indians not to be Provided further, That nothing in this act contained, or in the agreement herein set forth, or in the amendments herein proposed to said removed from agreement, shall be so construed as to compel any Ute Indian to remove from any lands that he or she claims in severalty. Said agreement is in words and figures as follows, namely: The chiefs and headmen of the confederated bands of the Utes now present in Washington, hereby promise and agree to procure the surrender, to the United States, for trial and punishment, if found guilty, of those members of their nation, not yet in the custody of the United States, who were implicated in the murder of United States Indian Agent N. C. Meeker and the murder of and outrages upon the employees at the White River Agency on the twenty-ninth day of September, eighteen hundred and seventy-nine, and in case they do not themselves succeed in apprehending the said parties, presumably guilty of the above-mentioned crime, that they will not in any manner obstruct, but faithfully aid, any officers of the United States, directed by the proper authorities, to apprehend such presumably guilty parties. The said chiefs and headmen of the confederated bands of Utes also agree and promise to use their best endeavors with their people to procure their consent to cede to the United States all the territory of the present Ute Reservation in Colorado, except as hereinafter provided for their settlement. The Southern Utes agree to remove to and settle upon the unoccupied agricultural lands on the La Plata River, in Colorado; and if there should not be a sufficiency of such lands on the La Plata River and in its vicinity in Colorado, then upon such other unoccupied agricultural lands as may be found on the La Plata River or in its vicinity in New Mexico. The Uncompahgre Utes agree to remove to and settle upon agricultural lands on Grand River, near the mouth of the Gunnison River, in Colorado, if a sufficient quantity of agricultural land shall be found there, if not then upon such other unoccupied agricultural lands as may be found in that vicinity and in the Territory of Utah. The White River Utes agree to remove to and settle upon agricultural lands on the Uintah Reservation in Utah. Allotments in severalty of said lands shall be made as follows: To each head of a family one-quarter of a section, with an additional quantity of grazing land not exceeding one-quarter of a section." To each single person over eighteen years of age one-eighth of a section, with an additional quantity of grazing land not exceeding one-eighth of a section. To each orphan child under eighteen years of age one-eighth of a section, with an additional quantity of grazing land not exceeding one-eighth of a section; and to each other person, under eighteen years, now living, or who may be born prior to said allotments, one-eighth of a section, with a like quantity of grazing land. All allotments to be made with the advice of the commission hereinafter provided, upon the selection of the Indians, heads of families selecting for their minor children, and the agents making the allotment for each orphan child. The said chiefs and headmen of the confederated bands of Utes further promise that they will not obstruct or in anywise interfere with travel upon any of the highways now open or hereafter to be opened by lawful authority in or upon any of the lands to be set apart for their use by virtue of this agreement. The said chiefs and headmen of the confederated bands of Utes promise to obtain the consent of their people to the cession of the territory of their reservation as abov on the following express conditions: First. That the Government of the United States canse the lands so set apart to be properly surveyed and to be divided among the said Indians in severalty in the proportion herein before mentioned, and to issue patents in fee simple to them respectively therefor, so soon as the necessary laws are passed by Congress. The title to be acquired by the Indians shall no be subject to alienation, lease, or incumbrance, either by voluntary conveyance of the grantee or by the judgment, order, or decree of any court, or subject to taxation of any character, but shall be and remain inalienable and not subject to taxation for the period of twenty-five years, and until such time thereafter as the President of the United States may see fit to remove the restriction, which shall be incorporated in the patents when issued, and any contract made prior to the removal of such restriction shall be void. Second. That so soon as the consent of the several tribes of the Ute Nation shall have beer obtained to the provisions of this agreement, the President of the United States shall cause to be distributed among them in cash the sum of sixty thousand dollars of annuities now dne and provided for, and so much more as Congress may lands claimed in severalty. Terms of agree ment. Conditions. First. Second Conditions. Third. Fourth. Fifth. Treaty of March 2, 1868 (15 Stat. L., 619). 1874, April 29, ch. 136. Reaffirmed. Sixth. penses. appropriate for that purpose; and that a commission shall be sent to superintend the removal and settlement of the Utes, and to see that they are well provided with agricultural and pastoral lands sufficient for their future support, and upon such settlement being duly effected, that they are furnished with houses, wagons, agricultural implements, and stock cattle sufficient for their reasonable wants, and also such saw and grist mills as may be necessary to enable them to commence farming operations, and that the money to be appropriated by Congress for that purpose shall be apportioned among the different bands of Utes in the following manner: One-third to those who settle on the La Plata River and vicinity, one-half to those settling on Grand River and vicinity, and one-sixth to those settling on the Uintah Reservation. Third. That in consideration of the cession of territory to be made by the said confederated bands of the Ute Nation, the United States, in addition to the annuities and sums for provisions and clothing stipulated and provided for in existing treaties and laws, agrees to set apart and hold, as a perpetual trust for the said Ute Indians, a sum of money, or its equivalent in bonds of the United States, which shall be sufficient to produce the sum of fifty thousand dollars per annum, which sum of fifty thousand dollars shall be distributed per capita to them annually forever. Fourth. That as soon as the President of the United States may deem it necessary or expedient, the agencies for the Uncompahgres and Southern Utes be removed to and established at suitable points, to be hereafter selected, upon the lands to be set apart, and to aid in the support of the said Utes until such time as they shall be able to support themselves, and that in the mean time the United States Government will establish and maintain schools in the settlements of the Utes, and make all necessary provision for the education of their children. Fifth. All provisions of the treaty of March second, eighteen hundred and sixtyeight, and the act of Congress approved April twenty-ninth, eighteen hundred and seventy-four, not altered by this agreement, shall continue in force, and the following words from article three of said act, namely, “The United States agrees to set apart and hold, as a perpetual trust for the Ute Indians, a sum of money or its equivalent in bonds, which shall be sufficient to produce the sum of twenty-five thousand dollars per annum, which sum of twenty-five thousand dollars per annum shall be disbursed or invested at the discretion of the President, or as he may direct, for the use and benefit of the Ute Indians forever", are hereby expressly reaffirmed. Sixth. That the commissioners above mentioned shall ascertain what improvements have been made by any member or members of the Ute Nation upon any part of the reservation in Colorado to be ceded to the United States as above, and that payment in cash shall be made to the individuals having made and owning such improvements, upon a fair and liberal valuation of the same by the said commission, taking into consideration the labor bestowed upon the land. Done at the city of Washington this sixth day of March, anno Domini eighteen hundred and eighty. Signed Commissioners SEC. 2. That the President of the United States be, and he is hereby, appointed; com- authorized and empowered to appoint, by and with the advice and conpensation, ex- sent of the Senate, five commissioners, who shall receive compensation for their services at the rate of ten dollars per diem while actually engaged, in addition to their actual traveling and other necessary expenses; and said commissioners shall, under such instructions as the Secretary of the Interior may give them, present said agreement to the confederated bands of the Ute Indians in open council for ratification, as provided in the first section of this act; Clerk; his salary, bond, and du ties. And said commissioners shall have a clerk, at a salary of two hundred dollars per month, in addition to his actual traveling and other necessary expenses, and who shall give bond in an amount to be fixed by the Secretary of the Interior, and shall act also as disbursing-officer for said commissioners. Improvement on And upon the ratification of said agreement by said tribe as herein lands surrendered provided, said commissioners shall, under the direction of the Secretary to be appraised. Census of In dians. — particulars of. of the Interior, appraise the improvements belonging to said Ute Indians upon the lands surrendered by them as provided in said agreement, and report the same to the Secretary of the Interior for settlement. It shall be their duty to take a careful census of said Indians, separat. ing them under said census as follows: First. Those known in the agreement above referred to as Southern Utes. Second. Those known as Uncompahgre Utes. Third. Those known as White River Utes. Said census shall also show separately the name of each head of a family, and the number of persons in such family, distinguishing those over eighteen years of age from those under eighteen years of age, and giving the names of each separately; also, said census shall show separately the orphan children in each of said classes of Utes described in the foregoing agreement, and they shall make an accurate register of the names, ages, occupations, and general condition of each of the above classes as aforesaid, specifying particularly the number and names of said Indians incapable by reason of orphanage, minority, or other disability of managing their own affairs, Lands to be al And they shall also select lands and allot them in severalty to said Indians, as herein provided, and superintend the removal, location, and lotted in severalty. settlement of the Indians thereon, and do and perform such other services as the Secretary of the Interior may consider necessary for them to do in the execution of the provisions of this act. Commissioners And after the said commissioners shall have performed the duties specifically assigned to them by this act, and such other duties as the to make report. Secretary of the Interior may require of them, they shall make a full report of their proceedings to the Secretary of the Interior, which shall set forth, among other things, the name of each person to whom they. may have apportioned and allotted lands as herein provided for, with the name and condition of such person, showing who, upon proofs, are considered incompetent to take charge of their property, either as orphans, minors, or for other causes; and shall also exhibit the quantity of land assigned to each person, with the metes and bounds of such allotments. And said commissioners shall make an accurate map of the whole survey and proceeding, showing the partition and division aforesaid, a copy and survey. of which map shall be filed with said report; and the Secretary of the Interior shall cause a copy to be filed in the General Land Office, and copies shall also be filed in the office of the surveyors-general of Útah, Colorado and New Mexico, and also in the office of the register and receiver of the land district in which such lands or any portion of them may be situate. -to make map Said commissioners shall further report the total number of acres to report numallotted and set apart as provided by the foregoing agreement, the ber of acres allotamount of such land tillable without irrigation, the amount of irrigation ted, &c. required, and the probable cost thereof. They shall also locate the agencies for the Southern Utes and the to locate agenUncompahgre Utes, shall furnish an estimate of the number of houses cies, estimate cost required, the cost of each, the number of school-houses required and the of houses, schoolhouses, &c. number of teachers, and the number of children of school age, and such other data as the Secretary of the Interior may require to enable him to make judicious expenditure of the money appropriated in section nine of this act; And said commissioners shall exercise direct supervision and control to supervise exof all expenditures under this act during the time they remain in the penditures, render Ute country, under the general direction of the Secretary of the Inte- accounts, &c. rior; and they shall render a full and detailed account of such expendi ture, with the vouchers therefor, as now provided by law. Land to be sur Allotments of SEC. 3. That the Secretary of the Interior be, and he is hereby, authorized to cause to be surveyed, under the direction of said commissioners, veyed for settlea sufficient quantity of land in the vicinities named in said agreement, ment in severalty. to secure the settlement in severalty of said Indians as therein provided. And upon the completion of said survey and enumeration herein required, the said commissioners shall cause allotments of lands to be land in severalty. made to each and all of the said Indians, in quantity and character as set forth in the agreement above mentioned, and whenever the report and proceedings of said commissioners, as required by this act, are approved by the President of the United States, he shall cause patents to issue to each and every allottee for the lands so allotted, with the same conditions, restrictions and limitations mentioned therein as are provided in said agreement; Lands released And all the lands not so allotted, the title to which is, by the said agreement of the confederated bands of the Ute Indians, and this ac- to United States to be sold. |