INDIAN LEGISLATION BY THE FIRST AND SECOND SESSIONS OF THE FORTY-FIFTH CONGRESS.

CHAP. 59.-AN ACT to amend an act entitled "An act to provide for the sale of certain New York Indian lands in Kansas," approved February nineteenth, eighteen hundred and seventy-three. [April 17, 1878.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the period within which the thirty-two Indians referred to in the act to which this is an amendment, or their heirs, are required to prove their identity in order to entitle them to the benefits of said act, be, and the same is hereby, extended for two years from the nineteenth day of February, eighteen hundred and seventy-eight.

CHAP. 87.-AN ACT authorizing the President of the United States to make certain negotiations with the Ute Indians in the State of Colorado. [May 3, 1878.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby, authorized and empowered to enter into negotiations with the Ute Indians, in the State of Colorado, for the consolidation of all the bands into one agency, to be located on the White River, or near said river, and for the extinguishment of their right to the southern portion of their reservation in said State, and to report his proceedings under this act to Congress for its consideration and approval; the expense of such negotiations to be paid by the United States, and to be hereafter appropriated.

CHAP. 142.-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-nine, and for other purposes. [May 27, 1878.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and they are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of paying the current and contingent expenses of the Indian Department, and fulfilling treaty stipulations with the various Indian tribes, namely:

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Collecting and subsisting Apaches and other Indians of Arizona and New Mexico: For this amount, to subsist and properly care for the Apache and other Indians in Arizona and New Mexico who have been or may be collected on reservations in New Mexico or Arizona, three hundred thousand dollars: Provided, That five thousand dollars of the above sum, or so much thereof as may be necessary, may be used to pay the expenses of removing the bands of Utes and Apaches now located near Abiquiu and Cimarron, New Mexico, to their respective reservations; the Utes to the reservation of that tribe in Colorado, and the Apaches to the reservation at Fort Stanton, in New Mexico.

That the sum of two thousand dollars be, and the same is hereby, appropriated for the benefit of the Tonkawa Indians, now at the military post of Fort Griffin, Texas; that the money herein appropriated shall be expended for the benefit of said Indians by the commanding officer at Fort Griffin, under such directions as may be prescribed by the Commissioner of Indian Affairs: Provided, That no part of such fund shall be applied to the removal of said Indians from the vicinity of such military post to any Indian reservation: And provided further, That such appropriation shall be applied pro rata to such Lipan Indians as may have heretofore been incorporated into the Tonkawa tribe, and which still reside with such tribe.

Pay of Indian police: For the services of not exceeding four hundred and thirty privates at five dollars per month each, and not exceeding fifty officers at eight dollars per month each, of Indian police, to be employed in maintaining order and prohibiting illegal traffic in liquor on the several Indian reservations, thirty thousand dollars: Provided, That Indians employed at agencies in any capacity shall not be construed as part of agency employ és named in section five of the act making appropriations for the Indian service for the fiscal year eighteen hundred and seventy six, approved March third, eighteen hundred and seventy-five.

SEC. 3. That the several appropriations herein made for millers, blacksmiths, engineers, carpenters, physicians, and other persons, and for various articles provided for by treaty stipulation for the several Indian tribes, may be diverted to other uses for the benefit of the said tribes respectively, within the discretion of the President, and with the consent of said tribes, expressed in the usual manner; and that he cause report to be made to Congress, at its next session thereafter, of his action under this provision.

SEC. 4. No purchase of supplies for which appropriations are herein made exceeding in the aggregate five hundred dollars in value at any one time shall be made without advertisement, except in case of exigency, when purchases may be made in open market in amount not exceeding three thousand dollars.

SEC. 5. That when not required for the purpose for which appropriated, the funds herein provided for the pay of specified employees at any agency may be used by the Secretary of the Interior for the pay of clerks or other employees at such agency, but no deficiency shall be thereby created; and when necessary, specified employees may be detailed for clerical or other service when not required for the duty for which they were engaged.

SEC. 6. That so much of the appropriations herein made as may be required to pay for goods and supplies, and for transportation of the same, for the year ending June thirtieth, eighteen hundred and seventy-nine, shall be immediately available; but no such goods or supplies shall be distributed or delivered to any of said Indians prior to July first, eighteen hundred and seventy-eight.

CHAP. 263. AN ACT making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and seventy-nine, and for other purposes. [June 18, 1878.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the support of the Army, for the year ending June thirtieth, eighteen hundred and seventy-nine, as follows:

SEC. 14. That three Senators to be appointed by the President of the Senate, and five Representatives, to be appointed by the Speaker of the House, are hereby constituted a joint committee who shall take into consideration the expediency of transferring the Indian Bureau to the War Department. Said committee shall be authorized to send for persons and papers, to employ a clerk and stenographer and to sit during the recess of Congress. It shall be the duty of said committe to make final report to Congress on or before the first day of January, eighteen hundred and seventy-nine. And the sum of five thousand dollars, or so much thereof as may be necessary is hereby appropriated out of any money in the Treasury not otherwise appropriated, to defray the expenses of said committee, to be expended under the direction of the chairman thereof.

CHAP. 266.-AN ACT for the restoration to market of certain lands in the Territory of Utah. [June 18, 1878.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the act of Congress approved May fifth, eighteen hundred and sixty-four, and entitled "An act to vacate and sell the present Indian reservation in Utah Territory, and to settle Indians of said Territory in the Uinta Vall y," as directs the Secretary of the Interior to cause to be appraised and offer for sale upon sealed bids the reservations therein referred to, be, and the same is hereby, repealed; and the Secretary of the Interior is hereby authorized and directed to restore the same to the public domain for disposition as other public lands.

CHAP. 359.-AN ACT making appropriations for sundry civil expenses of the government for the fiscal year ending June thirtieth, eighteen hundred and seventy-nine, and for other purposes. [June 20, 1878.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated for the objects hereinafter expressed for the fiscal year ending June thirtieth, eighteen hundred and seventy-nine, namely:

UNDER THE DEPARTMENT OF THE INTERIOR.

That the Secretary of the Interior be, and is hereby, authorized to appoint a commission consisting of three persons to visit the Red Cloud and Spotted Tail Indians, to confer with them about their permanent location, with a view to their final settlement

where they can earn their support by agriculture and stock-raising; and that the sum of five thousand dollars be set apart out of funds already appropriated by the act approved May twenty-seventh, eighteen hundred and seventy eight, for defraying the expenses of said commission; and further that the Secretary of the Interior is hereby authorized to use so much of the sum therein set apart for their removal and settlement as may be necessary to secure their consent to accept such locations as the said commission may approve: Provided, The sum so expended shall not exceed forty thousand dollars.

For this amount, or so much thereof as may be necessary, to be expended under the direction of the Secretary of the Interior in defraying the expenses of a commission to negotiate with the Ute Indians in Colorado, with the view of their removal to such location in the northern part of the State of Colorado as may be determined upon, and for the relinquishment of such part of their present reservation as may be agreed upon, six thousand dollars.

That the sum of five thousand dollars, or so much thereof as may be necessary, is hereby appropriated to pay the expenses of the removal of the band of Ute Indians at Cimarron, New Mexico, to the reservation of that tribe in Colorado; and also to remove the band of Apaches at the same place to the Mescalero Apache reservation at Fort Stanton, New Mexico; and the President shall cause the removal of said Indians within thirty days after the passage of this act; and thereafter no rations or annuities shall be issued to said Indians except at the agencies of their respective reservations.

To enable the Secretary of the Interior to remove the Ute Indians from the present reservation on the White River, Colorado, to a more suitable location, where agriculture can be pursued, and the erection of suitable buildings for such new location, ten thousand dollars.

CHAP. 63.-AN ACT to authorize the issue of a patent of certain lands in the Brothertown reservation, in the State of Wisconsin, to the persons selected by the Brothertown Indians. [April 20, 1878.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioner of the General Land Office be, and he is hereby, authorized to give full title to the Brothertown Indians of all the township of land, containing twenty-three thousand and forty acres of land, lying on the east side of Winnebago Lake, in the State of Wisconsin, which, by the provision of a treaty made with the Menomonee Indians, on the seventeenth day of February, eighteen hundred and thirty-one, and ratified on the ninth day of July, eighteen hundred and thirty-two, was reserved for the use of the Brothertown Indians, and which, by a subsequent treaty with the Menomonees, bearing date October twenty-seventh, eighteen hundred and thirty-two, and ratified the thirteenth day of March, eighteen hundred and thirty-three, was further secured to the Brothertown Indians, the right to have the same partitioned, divided and held by them separately and severally in fee-simple.

SEC. 2. That for such purpose, the Commissioner of the General Land Office is hereby fully directed, empowered, and authorized to make and issue a patent of all the lands contained in said township which are now unpatented to Laton Dick, senior, Lucius S. Fowler, David Fowler, and Orrin G. Johnson, residents of Brothertown, Calumet County, and State of Wisconsin, and members of the Brothertown tribe, in trust for the Brothertown Indians: Provided, however, That said lands, or any part thereof, shall be sold by said trustees whenever a majority of said Brothertown tribe shall petition for the same; such sale to be made at public auction and to the highest and best bidder in cash therefor, after first giving sixty days' notice of such sale by advertisement in some newspaper published in Calumet County, State of Wiscon sin; such advertisement to state the time and place of sale, the terms of sale, and a description of the land to be sold. And the said trustees shall distribute and pay over the proceeds arising from such sale or sales to the Brothertown Indians, according to the former usages, customs, and regulations of said tribe.

CHAP. 139.-AN ACT to authorize the survey of the Cattaraugus Indian reservation in the State of New York. [May 25, 1878.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized to cause the Cattaraugus Indian reservation in the State of New York to be resurveyed in accordance with the original survey thereof, and the exterior boundaries thereof to be marked by stone or iron monuments; the expense thereof not to exceed the sum of two