*

* *

discretion of the court, and shall be rendered incompetent to hold
said office of Indian agent after conviction under this act.
[March 3, 1875.]

Mar. 3, 1875. 18 Stat., 452.

Actual traveling expenses only to officers cept marshals, district of courts.

and employees, exattorneys, and clerks

R. S., 74, 1273, 1289, 1290. 1566, 3157.

1882. May 17, ch. 163, post p. 29.

CHAP. 133.-An act making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and seventy-six, and for other purposes.

*

Be it enacted, &c., That hereafter only actual travelling expenses shall be allowed to any person holding employment or appointment under the United States, except marshals, district attorneys, and clerks of the courts of the United States and their deputies; and all allowances for mileages and transportation in excess of the amount actually paid, except as above excepted, are hereby declared illegal; and no credit shall be allowed to any of the disbursing-officers of the United States for payment or allowances in violation of this provision.

NOTE. This provision, without the word "hereafter" and without the exception appearing herein, first appeared in 1874, June 16, c. 285 (18 Stat., 72). It is thus superseded by this act, and is consequently omitted from this volume, although amendments made by 1875, c. 95, and 1876, c. 159, refer to the act of 1874 instead of to this act.

June 10, 1876. 19 Stat., 58.

Treasurer of U. S. to

be custodian of Indian

trust securities. R. S., 3659.

1880, Apr. 1, c. 41,

post, p. 28.

-to collect interest and issue certificates of deposit.

-to make future purchases and sales.

ACTS OF FORTY-FOURTH CONGRESS-FIRST SESSION, 1876.

CHAP. 122.-An act transferring the custody of certain Indian trust-funds.

Be it enacted, &c., That all stocks, bonds, or other securities or evidences of indebtedness now held by the Secretary of the Interior in trust for the benefit of certain Indian tribes shall, within thirty days from the passage of this act, be transferred to the Treasurer of the United States, who shall become the custodian thereof;

And it shall be the duty of said Treasurer to collect all interest falling due on said bonds, stocks, &c., and deposit the same in the Treasury of the United States, and to issue certificates of deposit therefor, in favor of the Secretary of the Interior, as trustees for various Indian tribes.

And the Treasurer of the United States shall also become the R. S., 2095-2097, 3659. custodian of all bonds and stocks which may be purchased for the benefit of any Indian tribe or tribes after the transfer of funds herein authorized, and shall make all purchases and sales of bonds and stocks authorized by treaty-stipulations or by acts of Congress when requested so to do by the Secretary of the Interior:

-without affecting

Secretary of Interior.

Provided, That nothing in this act shall in any manner impair or supervisory powers of affect the supervisory and appellate powers and duties in regard to Indian affairs which may now be vested in the Secretary of the Interior as trustee of various Indian tribes, except as to the custody of said bonds and the collection of interest thereon as herein before mentioned. [June 10, 1876.]

Aug. 12, 1876.

19 Stat., 131.

One thousand In

ployed, etc.

R. S., 1094, 1112.

CHAP. 263.—An act concerning the employment of Indian Scouts.

Be it enacted, &c., That so much of the Army appropriation act of dian scouts to be em- twenty-fourth July, eighteen hundred and seventy-six, as limits the number of Indian scouts to three hundred is hereby repealed; and sections ten hundred and ninety-four and eleven hundred and twelve of the Revised Statutes, authorizing the employment of one thousand Indian scouts, are hereby continued in force:

Provided, That a proportionate number of non-commissioned offi cers may be appointed.

use of their own

And the scouts, when they furnish their own horses and horse--to receive pay for equipments, shall be entitled to receive forty cents per day for their horses. use and risk so long as thus employed. [August 12, 1876.]

CHAP. 289.-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-seven, and for other purposes.

Be it enacted, &c.

*

SEC. 3. That in all lettings of contracts.

Aug. 15, 1876.

19 Stat.. 176.

[19 Stat., 199.].

In contracts in In

in connection with the Indian service, the proposals or bids received dian service, propo shall be filed and preserved;

sals, etc., to be filed and Secretary to re

port to Congress.

1875, Mar. 3, c. 132,

And in the annual report of the Commissioner of Indian Affairs, there shall be embodied a detailed and tabular statement of all bids and 7, 9, ante, p. 24. proposals received for any service, supplies, or annuity-goods for the Indian service, together with a detailed statement of all awards of contracts made for any such services, supplies, and annuity-goods for which said bids.or proposals were received;

with Second Comp

troller.

And an abstract of all bids or proposals received for the supplies or abstract to be filed services embraced in any contract shall be attached to, and filed with, the said contract when the same is filed in the office of the Second Comptroller of the Treasury.

R. S.. s. 468, 469, 2083.

Estimates for Indian appropriations; how R. S., s. 3669.

SEC. 4. That hereafter the estimates for appropriations for the Indian service shall be presented in such form as to show the amounts presented. required for each of the agencies in the several States or Territories, and for said States and Territories respectively.

Indian traders, how

appointed, etc.

R. S., s. 2129-2131. 1882, July 31. c. 360,

SEC. 5. And hereafter 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 post, p. 29. and proper specifying the kind and quantity of goods and the prices at which such goods shall be sold to the Indians. 15, 1876.]

* *

*

[August

ACTS OF FORTY-FOURTH CONGRESS-SECOND SESSION, 1877.

CHAP. 101.-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-eight, and for other purposes.

Be it enacted, &c. * * And whenever practicable wagon transportation may be performed by Indian labor; and whenever it is so performed the Commissioner of Indian Affairs is hereby authorized to hire a storehouse at any railroad whenever necessary, and to employ a storekeeper therefor, and to furnish in advance the Indians who will do the transportation with wagons and harness, all the expenses incurred under this provision, to be paid out of this appropriation. [March 3, 1877.]

* *

*

Mar. 3, 1877.

[19 Stat., 271.j

[19 Stat., 291.] Wagon transportation may be performed by Indian labor, and storehouses hired by Commissioner.

ACTS OF FORTY-FIFTH CONGRESS-THIRD SESSION, 1879.

CHAP. 182.-An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and eighty, and for other purposes.

Mar. 3, 1879.

20 Stat. 377.

[20 Stat., 397.] Archives, etc., re

Be it enacted, etc. * * * That all the archives, records and materials relating to the Indians of North America, collected by the lating to Indians, colGeographical and Geological Survey of the Rocky Mountain Region, cal and Geological lected by Geographi shall be turned over to the Smithsonian Institution, that the work Surveys to be turned may be completed and prepared for publication under its direction: Institution. Provided, That it shall meet the approval of the Secretary of the Interior and of the Secretary of the Smithsonian Institution. [March 3, 1879.]

*- * *

over to Smithsonian R. S., 5579-5594.

Apr. 1, 1880.

21 Stat., 70.

Secretary of Interior may deposit Indian trust funds in

Treasury.

R. S., 3659.

122, ante, p. 26.

R. S., 2096.

ACTS OF FORTY-SIXTH CONGRESS-SECOND SESSION, 1880.

CHAP. 41.-An act to authorize the Secretary of the Interior to deposit certain funds in the United States Treasury in lieu of investment.

Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, authorized to deposit, in the Treasury of the United States, any and all sums now held by him, or which may hereafter be received 1876, June 10, ch. by him, as Secretary of the Interior and trustee of various Indian tribes, on account of the redemption of United States bonds or other stocks and securities belonging to the Indian trust-fund, and all sums received on account of sales of Indian trust lands, and the sales of stocks lately purchased for temporary investment, whenever he is of the opinion that the best interests of the Indians will be promoted by such deposits, in lieu of investments;

28 Ct. Cls., 447.

Interest: how payable; permanent ap

And the United States shall pay interest semi-annually, from the propriation for same. date of deposit of any and all such sums in the United States Treasury, at the rate per annum stipulated by treaties or prescribed by law, and such payments shall be made in the usual manner, as each may become due, without further appropriation by Congress. [April 1, 1880.]

CHAP. 85.-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 eighty-one, and for other purposes.

*

*

Be it enacted, &c. That the Secretary of the Interior be, and he is hereby, authorized, whenever it can be done advantageously, to purchase, for use in the Indian service, from Indian manual and training schools, in the manner customary among individuals such articles as may be manufactured at such schools, and which are used in the Indian service. Accounts of such transactions shall be kept in the Indian Bureau and in the training schools, and reports thereof made from time to time.

*

*

*

*

SEC. 4. That all officers and agents of the Army and Indian Bureaus are prohibited, except in a case specially directed by the President, from granting permission in writing or otherwise to any Indian or Indians on any reservation to go into the State of Texas under any pretext whatever; and any officer or agent of the Army or Indian Bureau who shall violate this provision shall be dismissed from the public service.

And the Secretary of the Interior is hereby directed and required to take at once such other reasonable measures as may be necessary in connection with said prohibition to prevent said Indians from entering said State. [May 11, 1880.]

* * *

May 17, 1882. 22 Stat., 68.

[22 Stat., 70.]

salaries of.
Repeal of R.S. 2070.

ACTS OF FORTY-SEVENTH CONGRESS-FIRST SESSION, 1882.

CHAP. 163. 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 eighty-three, and for other purposes.

Be it enacted &c.,

*

*

*

* *

Section two thousand and seventy c Indian interpreters, the Revised Statutes be, and the same is hereby, repealed. For the expenses of the commission of citizens, serving witho... compensation, appointed by the President under the provision of the fourth section of the act of April tenth, eighteen hundred and

* *

*

Indian Commission

R. S., 2039-2042.

sixty-nine, And hereafter the commission shall only have power to visit and inspect agencies and other branches of the Indian duties of restricted. service, and to inspect goods purchased for said service, and the Commissioner of Indian Affairs shall consult with the commission in the purchase of supplies. The commission shall report their doings to the Secretary of the Interior.

* * *

When it becomes necessary to detail clerks and other employees of the Indian service outside of Washington to assist in the opening of bids, making contracts, and shipping goods, they may be allowed a per diem of not exceeding four dollars per day for hotel and other expenses, which per diem shall be in lieu of all expenses now authorized by law, exclusive of railway transportation and sleeping car fare. * * *

Section two thousand and fifty-six of the Revised Statutes is hereby [22 Stat., 87.] amended so as to read as follows:

SEC. 2056. Each Indian agent shall hold his office for the term of four years and until his successor is duly appointed and qualified.

*

*

*

Indian agents to hold four years. Substitute for R. S.,

2056.

24 C. Cls., 331. [22 Stats., 88.] Consolidation

R. S., 2059.

and

SEC. 6. That the President may, in his discretion, consolidate two or more agencies into one, and where Indians are located on reser- abolition of agencies. vations created by executive order he may, with the consent of the tribes to be affected thereby, expressed in the usual manner, consolidate one or more tribes, and abolish such agencies as are thereby rendered unnecessary;

And preference shall at all times, as far as practicable, be given to Indians in the employment of clerical, mechanical, and other help on reservations and about agencies.

SEC. 7. That it shall be the duty of the Commissioner of Indian Affairs to cause to be compiled and printed for the use of Indian Agents and inspectors the provisions of the statutes regulating the performance of their respective duties, and also to furnish said officers from time to time information of new enactments upon the same subject. [May 17, 1882.]

*

*

*

CHAP. 360.—An act to amend section twenty-one hundred and thirty-three of the
Revised Statutes in relation to Indian traders.

Be it enacted, &c., That section twenty-one hundred and thirty-three of the Revised Statutes of the United States be, and the same is hereby, amended so that it shall read:

July 31, 1882.

22 Stat., 179. Penalty for residing

in Indian country as license, etc.

trader, etc., without

Substitute for R. S.

2133.

1876, Aug. 15, c. 289,

95 U. S., 204.

"Any person other than an Indian of the full blood who shall attempt to reside in the Indian country, or on any Indian reservation, 5, and 27. as a trader, or to introduce goods, or to trade therein, without such 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:

7 Fed. Rep., 903.
14 Fed. Rep., 821.
6 Sawyer, 17.
38 Fed. Rep., 400.
45 Fed. Rep., 847.
49 Fed. Rep., 48.
3 Sawyer, 316, 337.

46 N. W. Rep., 571. 3 Okla., 161.

1 Oreg., 192. 152 U. S., 570.

Provided, That this section shall not apply to any person residing 46 N. W. Rep., 502. among or trading with the Choctaws, Cherokees, Chickasaws, Creeks, or Seminoles, commonly called the five civilized tribes, residing in said Indian country, 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 civil

2 Fed. Rep., 58. 49 Fed. Rep., 360. 51 Fed. Rep., 808. 53 Fed. Rep., 542.

ized 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." [July 31, 1882.]

Aug. 3, 1882. 22 Stat., 373.

CHAP. 469.-An act to amend section forty seven hundred and sixty six, title fity seven, of the Revised Statutes of the United States.

Be it enacted, &c., That section forty-seven hundred and sixty-six, Pensions to be paid title fifty seven, of the Revised Statutes of the United States is hereby amended so as to read as follows:

only to pensioners in person.

Substitute for R. S. 4766; R. S. 4765.

not recognized.

"SEC. 4766. Hereafter no pension shall be paid to any person other than the pensioner entitled thereto, nor otherwise than according to the provisions of this title;

And no warrant, power of attorney, or other paper executed or Assignment, etc., purporting to be executed by any pensioner to any attorney, claim agent, broker, or other person shall be recognized by any agent for the payment of pensions, nor shall any pension be paid thereon; But the payment to persons laboring under legal disabilities may be Pensioners under made to the guardians of such persons in the manner herein prescribed, eign countries, how and pensions payable to persons in foreign countries may be made according to the provisions of existing laws:

disabilities and in for

paid.

Provided, That in case of an insane invalid pensioner having no Insane or impris guardian, but having a wife or children dependent upon him (the wife ment may be made being a woman of good character), the Commissioner of Pensions is to Wild or guardian hereby authorized, in his discretion, to cause the pension to be paid

oned pensioners, pay

of children.

to the wife, upon her properly-executed voucher, or in case there is no wife, to the guardian of the children, upon the properly-executed voucher of such guardian, and in like manner to cause the pension of invalid pensioners who are or may hereafter be imprisoned as punishment for offenses against the laws to be paid while so imprisoned to their wives or the guardians of their children.

And pensions to Indian pensioners residing in the Indian TerriIndian pensioners tory may be paid in person by the pension agent, upon a suitable may be paid in standard silver. voucher, at some convenient point in said Territory, which, together with the form and manner of identification of the pensioners, may be prescribed by the Secretary of the Interior; such payments to be made in standard silver, at least once in each current year.

when may be made. R. S., 4784.

And payments in person shall be made to the pensioner, in cash, by Payments in cash, the pension agent whenever in the discretion of the Commissioner of Pensions such personal payments shall be by him deemed necessary or proper to secure to the pensioner his rights; and the necessary and actual expenses of such pension agent in making such payment shall be paid by the Secretary of the Interior upon properly-executed vouchers, out of the contingent fund appropriated for the use of the Pension Office.

The Commissioner of Pensions may, when in his judgment it shall Commissioner of be deemed necessary or proper, visit in person, for the purpose of ine agencies or med examination and inspection, or may send any one or more of the offiical boards or sur cers of his bureau for that purpose, any of the pension agencies or

Pensions may exam

geons.

medical examining boards or surgeons; and the necessary and actual expenses of such visits shall be paid by the Secretary of the Interior, upon properly executed vouchers, out of the contingent fund of said bureau. August 8, 1882.]