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Act of March 24, 1902, ch. 276, 483.
2. Central District — Furisdiction, 483.
3. Additional Commissioner, 484.
Provisions of Bonds - Rate of Interest, 484.
3. Annual Tax -- Limit of Additional Bonds, 484.
etc. - Definition of Limits of Small Towns, 485.
Lawful Possessors of Town Sites Share in Lands, 486.
Fudge Commissioners and Constables Recorder's Office,
Constable, Durant, 486.
Erection of Fails in Indian Territory, 488.
2. Witnesses' Fees, 489.
3. Repeal, 489.
Additional Commissioners and Constables - Terms, Salaries,
VII. Indian Homesteads and Allotments of Lands to Indians in
Further Application of Homestead Laws to Indians --- Patented
Lands Held in Trust, 491.
Costs of Legal Contests By or Against Indians - One-half Fees
District Attorneys to Represent Indians, 492.
ch. 383, sec. I), 492.
Agents, 493. 4. Indians Not on Reservations, etc., May Make Selection of
Public Lands – Fees of Land Officers to Be Paid from
Treasury, 494. 5. Patent to Issue, Holding Lands in Trust — Conveyance After
Twenty-five Years - Contracts, Conveyances, etc., Before End of Twenty-five Years Void - Laws of Descent and Partition --- Negotiations by Secretary of Interior for Purchase of Lands Not Allotted — Agricultural Lands So Purchased to Be Held for Actual Settlers, if Arable - Patent to Issue Only to Persons Taking for Homestead - Purchase Money to Be Held in Trust for Indians - Patents to Be Recorded Free -- Lands Occupied by Religious Organizations to Be Confirmed to Them — In Employment of Indians Preference to Be Given, etc., 494.
Sec. 6. Citizenship to Be Accorded to Allottees and Indians Adopting
Civilized Life, 496.
u. Removal of Southern Utes Not Affected by Act, 499.
Indian on Reservation Allotment Pro Rata, if Lands In-
Grazing Only, 499. 2. Existing Allotments in Certain Cases to Be Augmented – No
Existing Approved Allotment to Be Reduced, 500. 3. Leases of Allotments, When Permitted, 500. 4. Indians Entitled to Allotment May Select Public Lands - Fees
to Be Paid from Treasury, 501. 5. Determination of Descent - "Cherokee Outlet" Lands Excepted
- Certain Sacs and Foxes Excepted, 501. Act of March 2, 1895, ch. 188, 502.
Sacs and Foxes of the Missouri — Restriction on Allotments to,
Errors in Allotments and Patents to Indians to Be Corrected, 502.
Leases of Indian Lands of Disabled Allottee, 503.
Certain Leases Authorized, 503.
- Failure to Plead - Claim to Be Established by Proof, 504.
Patented in Severalty, 504.
2. Suits Reserved from Operation of This Act, 505.
Eighty Acres of Land Authorized, etc., 505.
Sec. 7. Sale by Heirs of Ailotted Lands, 505.
R. S. 2071. President May Employ Instructors for Indians, 506.
Sec. 7. Detail of Army Officer for Indian Education, 506.
Barracks May Be Set Aside by Secretary of War for Indian
Training Schools - Money Appropriated for Education
* Expenditure of appropriations for education of Indians.
See R. S. sec. 2099, infra,
Act of March 2, 1895, ch. 188, 507.
Government to Make Provision for Government Indian Schools,
Traveling Expenses and Additional Duties of Superintendent of
Indian Schools, 508.
Rules to Secure Attendance at Schools, 508.
Rations, etc., May Be Withheld for Nonattendance at School –
Subsistence Withheld to Be Credited to Tribe, 508.
Equal Education to those Taking Lands in Severalty, 509.
Consent of Parent to Send Child Out of State, etc., 509.
Written consent of Parent to Take Pupil to Another State, 509.
Sec. 10. Bible May Be Taught in Indian Language, 510.
No Appropriation Hereafter for Sectarian Schools, 510.
Admission to Indian School at Genoa, Nebraska, 510.
Qualification for Admission to Indian School at Carlisle, Penn.,
510. Act of March 3, 1901, ch. 832, 511. Sec. 8. Commissioner of Indian Affairs to Report Number of Employees
at Schools, etc., 511.
Sec. 9. Indian Agents to Submit Census in Annual Reports, 511.
Practical Farmers and Stockmen to Be Engaged - Qualifica
Act of March 2, 1899, ch. 374, 511.
ritory, 512, 3. Survey, and Proceedings for Award of Compensation, 512. 4. Effect of Dilatoriness in Construction, etc., 513. 5. Railroad Through Indian Territory – Annual Charge - Pas
senger and Freight Rates to Be Prescribed - Transportation
of Mails, 513
8. Repeal, 514;
Through Indian Lands, 515.
Act of March 3, 1901, ch. 832, 515.
Preferred in Purchases and Labor - Manufactures by
Act of Fuly 7, 1898, ch. 571, 516.
Indian Supplies, etc., How Transported, 516.
Sec. 10. Expense of Land Service Not Chargeable to Indian Lands, 516.
Warehouse to Be Established at Omaha — Building to Be Fur
nished Free, 516. Act of March 3, 1879, ch. 182, 516.
Archives, etc., Relating to Indians Collected by Geographical and
Geological Surveys to Be Turned Over to Smithsonian Institu
Colville Reservation, Washington, Mineral Lands Subject to
Children of White Man and Indian Woman to Have Rights of
3. Deemed an Offense on High Seas, 518.
Railroad Purposes, 518. 2. Boundaries of Certain Villages in Allegany Reservation - Maps
of Survey, 519 3. Leases in Said Villages by Indians, to Be Valid for Five Years,
etc. Renewal of Leases, 519. 4. Power of Seneca Nation to Lease Lands Not Owned by Indi
viduals, 519 5. Survey of Village Lands Now Leasea - Recording of Leases
Assignment, Devise, Descent of Leases, 519. 6. Rents Due Seneca Nation, How Recovered and Applied, 520. 7: Jurisdiction of Courts, 520. 8. Laws of New York – Taxation of Indians, 520.
CROSS-REFERENCES. Indians in Alaska, see ALASKA. Indian Depredations, see CLAIMS. Payments to State or Territory.for Keeping Indian Convicts, see PRISONS AND
PRISONERS. Selection of School Lands in Reservations Opened, see PUBLIC LANDS. Jurisdiction of Civil Actions Against Osage or Kansas Indians in Oklahoma, see
TERRITORIAL COURTS. Pensions to Indians, see PENSIONS. Advertisements and Contracts for Supplies for Indian Service, see ESTIMATES,
APPROPRIATIONS, AND REPORTS, vol. 2, p. 900. Indian Scouts, see WAR DEPARTMENT AND MILITARY ESTABLISH. MENT.
[I. COMMISSIONER OF INDIAN AFFAIRS.
Sec. 462. [Commissioner of Indian Affairs.] There shall be in the Department of the Interior a Commissioner of Indian Affairs, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be entitled to a salary of three thousand dollars a year. [R. S.]
Act of July 9, 1832, ch. 174, 4 Stat. L. 564. of Indian affairs. In the Legislative, Execu
Sections 462 to 469 constitute ch. 4 of title tive, and Judicial Appropriation Act of Aug. XI. of the Revised Statutes, “ The Commis 5, 1882, ch. 389, 22 Stat. L. 247, the amount sioner of Indian Affairs."
appropriated was four thousand dollars, as Increase of salary. - The Legislative, Ex also in subsequent appropriation acts down ecutive, and Judicial Appropriation Act of to the Legislative, Executive, and Judicial June 15, 1880, ch. 225, 21 Stat. L. 231, ap Appropriation Act of April 28, 1902, ch. 594, propriated three thousand five hundred dol 32 Stat. L. 158, which appropriated five thoulars for compensation for the commissioner sand dollars.
[Assistant Commissioner.] Indian Office:
Assistant Commissioner, who shall also perform the duties of chief clerk, three thousand dollars;
[32 Stat. L. 158. ] This is from the Legislative, Executive, and Judicial Appropriation Act of April 28, 1902, ch. 594. Like provision for the office of Assistant Commissioner was first made in the Appropriation Act for 1886, and has been annually enacted ever since. See 24 Stat. L. 200, 623; 25 Stat. L. 286, 735; 26 Stat. L. 258, 938; 27 Stat. L. 213, 704; 28 Stat. L. 194, 795; 29 Stat. L. 168, 568; 30 Stat. L. 305, 306, 878; 31 Stat. L.
122, 158. Sec. 463. [Duties of Commissioner.] The Commissioner of Indian Affairs shall, under the direction of the Secretary of the Interior, and agreeably to such regulations as the President may prescribe, have the management of all Indian affairs, and of all matters arising out of Indian relations. [R. S.]
Act of July 9, 1832, ch. 174, 4 Stat. L. 564; their government, the President is authorized Act of July 27, 1868, ch. 259, 15 Stat. L. 228. to establish an Indian court and police force
Action of the President. The action of the for such tribe and define and prescribe the commissioner of Indian affairs must be pre punishment for Indian offenses. Such power sumed to be the action of the President. Belt may be exercised through the secretary of the t'. U. S., (1879) 15 Ct. Cl. 92.
interior, by virtue of R. S. sec. 441, title Power of secretary of interior. - It seems INTERIOR DEPARTMENT in this work, which that the secretary of the interior has power, provides that such secretary is charged with under this section, to supervise and control the supervision of the public business relatthe management of the bureau of Indian af ing to the Indians. U. S. v. Clapox, (1888) fairs. Knight v. U. S. Land Assoc., (1891) 35 Fed. Rep. 577. 142 U. S. 182.
Act of July 9, 1832. — Under the Act of Signature to order. — An order directing ad 1832, above cited, the commissioner was under vertisements for proposals for supplies may the direction of the secretary of war. Regube said to come from the secretary of the lations made by the President were made interior, as the head of the department, when through the war department, and a rule of signed by the commissioner of Indian affairs the secretary of war was presumed to have alone. U. S. v. Odeneal, (1882) 10 Fed. Rep. received the assent of the President and to be 616.
his regulation. (1848) 5 Op. Atty.-Gen. 36. Establishing court of Indian offenses. - Act of July 27, 1868. — The Act of 1868, Under the general power conferred by R. S. above cited, transferred the care of the InBecs. 463, 465, and the treaty of 1855, whereby dians from the treasury department to that the Umatilla Indians. engaged to submit to of the interior. U. S. v. Boyd, (1895) 68 Fed. rules prescribed by the United States for
[By a Senate resolution which passed the Senate May 20, 1902, Congressional Record, Fifty-seventh Congress, first session, p. 5065, it was “Resolved, That the Committee on Indian Affairs is hereby authorized to have prepared for the use of the Senate a compilation of all treaties, laws, and executive orders now in force relating to Indian affairs." A compilation thus authorized, to Dec. 1, 1902, was made, and constitutes, in two volumes, Senate document No. 452, for the Fifty-seventh Congress, first session.
By the Act of June 20, 1874, ch. 333, sec. 10, 18 Stat. L. 113, R. S. (second edition), appendix, p. 1089, it was provided, “ That the Secretary of State shall cause all the copies of the Revision of Indian treaties made by Thomas J. Durant, now printed to be bound, and the same shall be deposited with the Secretary of the Interior, for the use of the Departments and officers of the Government."]