5-335b 5-335c Vouchers-miscellaneous-extra sheet. 5-335d Vouchers-miscellaneous-traveling expenses-disbursing officers. 5-335e 5-338 5-339 5-340a 5-340b 5-342 5-920 5-922 5-923 5-925 5-927 5-929 5-931 5-932 5-933 5-934 5-935 5-942 5-946 5-947 Vouchers-miscellaneous-traveling expenses-other than disbursing officers. Subvoucher book. Record of employees at agency. Memorandum book, letter size, 352 pages. Memorandum book, cap size, 352 pages. Memorandum book, ledger, cap size, 352 pages, ruled dollars and cents. House and farm book-bound half Russia, 150 pages. Blank book, 103 by 14, 200 pages. Index in front. Sanitary record of sick, etc. Memorandum book, size 4 by 6 inches, 24 pages. RECORDS. 507. The account books, letter books, invoices, correspondence, orders, circulars, retained copies of cash and property accounts, and all papers of any kind whatsoever pertaining to the affairs of the Indian Service, are the property of the Government, and must not be removed from the agency, but retained there subject to inspection at all times by properly authorized officers of the Department. Copies of official papers may, however, be made by an outgoing agent for his own use. 508. Every agent is required to keep a register of the books in his office, and to add to it from time to time as new books may be opened. When the agent is relieved such register will be turned over with the books and other papers to his successor. AGENCY REPORTS. 509. As early as practicable after the close of the fiscal year, and prior to September of each year, the agent will submit an annual report, giving a history of the work, progress, and events of the fiscal year, together with full statistics in regard to points named in the succeeding section. 510. Each agent is required in his annual report to submit a census of the Indians at his agency or upon the reservation under his charge, showing the number of males above 18 years of age, the number of females above 14 years of age, the number of school children between the ages of 6 and 16 years, the number of schoolhouses 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. (Act July 4, 1884, sec. 9, 23 Stats., 98.) 511. Special instructions with necessary blanks are furnished by the Indian Office annually; but, to insure completeness and accuracy of statistics, data for the same should be carefully collected throughout the year. BEEF HIDES. 512. Hides obtained from cattle slaughtered for subsistence or killed by disease or accident will be taken up on Abstract C to the property account, particular care being exercised to keep the hides from purchased cattle separate from those of cattle raised on the agency or school farm. (See sec. 514.) 513. When a sufficient number of hides have been accumulated to justify such action, the agent should request authority to sell them and await a reply before taking further action. (See secs. 446, 447, and 448.) 514. If the cattle from which the hides are taken were purchased by the Government, the money derived from the sale belongs to the appropriation from which the cattle were bought, and should be taken up as miscellaneous receipts, Class II; but if they were raised on the reservation or school farm, the money will be accounted for as miscellaneous receipts, Class IV. (See secs. 287 and 295.) PRIVATE STOCK ON RESERVATIONS. 515. Neither the agent nor any white employee is permitted to keep private stock on an Indian reservation without special authority from the Commissioner of Indian Affairs, which will be granted only in exceptional and meritorious cases for purely domestic purposes. When such a privilege is granted it will be with the distinct understanding that the stock belonging to the Government and Indians shall not be incommoded thereby, and that the necessary dry feed and attendance for such private stock shall be provided by the owners thereof at their own expense. Government employees will not be permitted to devote any time to the care of stock belonging to themselves or fellowemployees which should be devoted to their official duties. 516. The provisions of the preceding section may be waived and authority granted by the Commissioner of Indian Affairs for the stabling and feeding of horses belonging to employees, at Government expense, when it is shown to his satisfaction that such horses are actually needed and used by the employees in the discharge of their official duties. TRADE WITH INDIAN TRIBES. LICENSED TRADERS. 517. The Commissioner of Indian Affairs shall have the sole power and authority to appoint traders to the Indian tribes and to make such rules and regulations as he may deem just and proper, specifying the kind and quantity of goods and the prices at which such goods shall be sold to the Indians. (Act Aug. 15, 1876, sec. 5, 19 Stats., 200.) 518. No person employed in Indian affairs shall have any interest or concern in any trade with Indians except for and on account of the United States; and any person offending herein shall be liable to a penalty of $5,000, and shall be removed from his office. (Sec. 2078, R. S.) 519. Any person other than an Indian of the full blood who shall attempt to reside in the Indian country, or on any Indian reservation, as a trader, or to introduce goods, or to trade therein, without license, shall forfeit all merchandise offered for sale to the Indians or found in his possession, and shall moreover be liable to a penalty of five hundred dollars: Provided, That this section shall not apply to any person residing among or trading with the Choctaws, Cherokees, Chickasaws, Creeks, or Seminoles, commonly called the Five Civilized Tribes, residing in the Indian Territory, and belonging to the Union Agency therein: And provided further, That no white person shall be employed as a clerk by any Indian trader, except such as trade with said Five Civilized Tribes, unless first licensed so to do by the Commissioner of Indian Affairs, under and in conformity to regulations to be established by the Secretary of the Interior. (22 Stats., 179.) 520. Every person, other than an Indian, who, within the Indian country, purchases or receives of any Indian, in the way of barter, trade, or pledge, a gun, trap, or other article commonly used in hunting, any instrument of husbandry, or cooking utensil of the kind commonly obtained by the Indians in their intercourse with the white people or any article of clothing, except skins or furs, shall be liable to a penalty of $50. (Sec. 2135, R. S.) 521. By the act of July 23, 1892, it is enacted that section 2139 of the Revised Statutes be amended so as to read as follows: No ardent spirits, ale, beer, wine, or intoxicating liquor or liquors of whatever kind shall be introduced, under any pretense, into the Indian country. 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 liquors 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 $300 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 arrest 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 1014 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. (27 Stats., 260.) 522. If any superintendent of Indian affairs, Indian agent, or subagent, or commanding officer of a military post, has reason to suspect or is informed that any white person or Indian is about to introduce or has introduced any spirituous liquor or wine into the Indian country in violation of law, such superintendent, agent, subagent, or commanding officer may cause the boats, stores, packages, wagons, sleds, and places of deposit of such person to be searched; and if any such liquor is found therein, the same, together with the boats, teams, wagons, and sleds used in conveying the same, and also the goods, packages, and peltries of such person shall be seized and delivered to the proper officer, and shall be proceeded against by libel in the proper court, and forfeited, one-half to the informer and the other half to the use of the United States; and if such person be a trader, his license shall be revoked and his bond put in suit. It shall, moreover, be the duty of any person in the service of the United States, or of any Indian, to take and destroy any ardent spirits or wine found in the Indian country, except such as may be introduced therein by the War Department. In all cases arising under this and the preceding section Indians shall be competent witnesses. (Sec. 2140 R. S.) 523. No part of section 2139 or of section 2140 of the Revised Statutes shall be a bar to the prosecution of any officer, soldier, sutler, or storekeeper, attaché, or employee 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 Indiar. (Act July 4, 1884, 23 Stats., 94.) 524. Any loyal person, a citizen of the United States, of good moral character, shall be permitted to trade with any Indian tribe upon giving bond to the United States in the penal sum of not less than $5,000 nor more than $10,000 with at least two good sureties, to be approved by the superintendent of the district within which such person proposes to trade, or by the United States district judge or district attorney for the district in which the obligor resides, renewable each year, conditioned that such person will faithfully observe all laws and regulations made for the government of trade and intercourse with the Indian tribes, and in no respect violate the same. (Sec. 2128, R. S.) 525. The act of March 3, 1901, provides as to the Osage Reservation as follows: "On and after July first, nineteen hundred and one, any person desiring to trade with the Indians on said reservation shall, upon establishing the fact to the satisfaction of the Commissioner of Indian Affairs that he is a proper person to engage in such trade, be permitted to do so under such rules and regulations as the Commissioner of Indian Affairs may prescribe for the protection of said Indians." The act of March 3, 1903, extends the above provision "to apply to all Indian reservations." (31 Stats. 1065 and 32 Stats. 1009.) 526. A "proper person" is one whose personal character and influence among the Indians is conducive to their welfare and whose dealings with them are both honest and just. Bad morals, dishonest methods, or extortionate prices are among the disqualifications of a "proper person" to trade among Indians. 66 527. Application for license must be made in writing, setting forth the full name and residence of applicant; if a firm, the full firm name and name of each member; the place it is proposed to carry on the trade; the capital to be employed; the names of the clerks or other persons to be employed; the record of applicant for five years previous, etc. This application must be forwarded to the Commissioner of Indian Affairs. 528. Satisfactory testimonials as to the character of the applicant and his employees and their fitness to be in the Indian country must accompany the application. 529. Applications for license forwarded by the agent must be accompanied by the affidavit of the agent that neither he nor any person for him has any interest, directly or indirectly, present or prospective, in the proposed business or the profits arising therefrom, and that no arrangement for any benefit to himself or to other person or persons on his behalf is in contemplation in case the license shall be granted. 530. No license will be granted for a longer period than one year; but at the end of that time, if the Commissioner of Indian Affairs be satisfied that the trade has been conducted properly, and that the laws, the regulations and the terms of the license have been duly observed, a new license may be granted. 531. Application for renewal of license must be made to the Commissioner of Indian Affairs through the agent of the Indians with whom the trade has been carried on, and the agent must testify as to the record which applicant has made as trader and his fitness to continue as such under a new license. |