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approval of the President, may take place while the Senate is in session. (1877) 15 Op. Atty.-Gen. 405.

Bond given by inspector. --The general functions and duties of Indian inspectors are defined in the above section. These do not include specifically the disbursement of public money, and those officers are not required by statute to give bond. Yet the secretary of the interior may lawfully assign to inspectors

other duties relating to Indian affairs, and where the particular duty so assigned involves the receipt or disbursement of public money or the custody of public property, the secretary may take a bond for the protection of the United States against loss, and such bond will be valid and binding upon both principal and sureties, if voluntarily given by the officer. (1882) 17 Op. Atty.-Gen. 391.

[Visit to and examination of agencies.] The provision of law requiring that each agency shall be visited and examined by one or more of the inspectors at least twice in each year is hereby repealed. [18 Stat. L. 422.]

This is from the Act of March 3, 1875, ch. 132, making appropriations for the current and contingent expenses of the Indian Department for the next fiscal year. The provision repealed is in the first sentence of R. S. sec. 2045, the preceding para

graph of the text. Secs. 2046–2051. [Abrogated by the President. See note below.] The provisions of R. S. secs. 2046, 2047, eighteen hundred and seventy-three, the 2048, 2049, 2050, and 2051, were discontinued offices of four of the superintendents enumeby the President under authority vested in rated in the preceding section are abolished; him by section 6 of the Act of Feb. 14, and any money appropriated for the salaries 1873, ch. 138, sec. 6, 17 Stat. L. 463, incorpo of such superintendents or their clerks, shall, rated in R. S. sec. 2047, given below in this after that date, be applied to pay the salaries note. Senate Document No. 452 on “ Indian and traveling expenses of the inspectors. The Affairs,” 57th Congress, 1st session, vol. 1, p. President may assign the remaining four 5, note.

superintendents to jurisdiction over such The Revised Statutes sections rendered ob agencies as he may deem proper; or he is solete as above read as follows:

authorized, in his discretion, to dispense with SEC. 2046. The President is authorized to any or all of the superintendents and their appoint, from time to time, by and with the clerks. Act of Feb. 14, 1873, ch, 138, 17 Stat. advice and consent of the Senate, the follow L. 463. ing superintendents of Indian affairs, who SEC. 2048. Each superintendent shall hold shall be entitled to receive the salaries men his office for the term of four years. Act of tioned below:

Feb. 27, 1851, ch. 14, 9 Stat. L. 587. Two superintendents for the tribes east of SEC. 2049. Each superintendent, before enthe Rocky Mountains, at a salary of two tering on the duties of his office, shall give thousand dollars a year, each.

bond in such penalties and with such security One superintendent for Oregon, at a salary as the President or the Secretary of the Inof two thousand five hundred dollars a year. terior may require. Act of Feb. 27, 1851, ch.

One superintendent for Washington Terri 14, 9 Stat. L. 587. tory, at a salary of two thousand five hun SEC. 2050. Each superintendent of Indian dred dollars a year.

affairs shall, within his superintendency, exOne superintendent for the Territory of ercise a general supervision and control over New Mexico, at a salary of two thousand dol the official conduct and accounts of all officers lars a year.

and persons employed by the Government in One superintendent for California, at a sal Indian affairs, under such regulations as shall ary of three thousand six hundred dollars a be established by the President; and may year.

suspend such officers and persons from their One superintendent for the Territory of offices or employments, for reasons forth with Arizona, at a salary of two thousand dollars to be communicated to the Secretary of the a year.

Interior, and shall also perform within his One superintendent for the Territory of superintendency such duties as are or may be Montana, at a salary of two thousand five assigned to superintendents of Indian affairs. hundred dollars a year.

Act of June 30, 1834, ch. 162, 4 Stat. L. 735; Act of June 5, 1850, ch. 16, 9 Stat. L. 437; Act of Feb. 27, 1851, ch. 14, 9 Stat. L. 586. Act' of Feb. 27, 1851, ch. 14, 9 Stat. L. 586; SEC. 2051. The Secretary of the Interior Act of March 3, 1857, ch. 90, 11 Stat. L. may authorize, in his discretion, the employ. 185; Act of Feb. 8, 1861, ch. 30, 12 Stat. L. ment of temporary clerks by superintendents 130; Act of April 8, 1864, ch. 48, 13 Stat. of Indian affairs, on such occasions and for L. 39; Act of Feb. 14, 1873, ch. 138, 17 Stat. such periods of time as he may deem necesL. 437.

sary to the public service. Act of March 3, SEC. 2047. After the thirtieth of June, 1855, ch. 175, 10 Stat. L. 673.

Sec. 2052. [Indian agents appointments, salaries.] The President is authorized to appoint from time to time, by and with the advice and consent of the Senate, the following Indian agent :

Three for the tribes in Oregon.

Fourteen for the tribes east of the Rocky Mountains, and north of New Mexico and Texas.

Seven for the tribes in New Mexico.
Three for the tribes in the Territory of Washington.
One for the tribes in Kansas.
One for the Kickapoos.
One for the Delawares.
Two for the tribes in Utah.
One for the Poncas.

One for the Pawnees in Nebraska, each with an annual salary of fifteen hundred dollars.

Four for the tribes in California, at an annual salary of eighteen hundred dollars, each.

Three for the tribes in Texas.

One for the Wichitas and neighboring tribes west of the Choctaws and Chickasaws, at an annual salary of one thousand dollars. [R. S.]

Act of Feb. 14, 1873, ch. 138, 17 Stat. L. thereby repealing pro tanto the text as above 437.

given. Mitchell 7. U. S., (1883) 18 Ct. Cl. 287. The provisions of this Act appear never to Salaries governed by appropriation acts. – have been conformed to, and agents hold their The above section cannot be regarded as conoffice and are paid in accordance with the pro clusive as to the amount of salary an agent visions made in the annual appropriation mentioned therein shall receive where Conacts, which vary each year. Senate Docu gress has, by appropriation acts passed since ment No. 452, 57th Congress, 1st session, vol. the adoption of the Revised Statutes, indi 1, p. 5, note.

cated clearly the intention to fix a different See also the next paragraph of the text. amount. Belknap v. U. S., (1893) 150 U. :.

The Act of March 1, 1883, ch. 61, 22 Stat. 588, affirming (1889) 24 Ct. Cl. 433. L. 434, after providing for agents and their An agent not provided for in this section, salaries at divers enumerated agencies, in but appointed only by virtue of a subsequent cluding those mentioned above in the text, appropriation act, increasing the number of declared that “all provisions of law fixing agents and fixing the salary therefor, is encompensation for Indian agents in excess of titled only to the salary so appropriated. that herein provided are hereby repealed," Dyer v. U. S., (1885) 20 Ct. Cl. 166.

[Pay of agents at agencies.] 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 for the year ending June thirtieth, eighteen hundred and ninety-five, and fulfilling treaty stipulations with the various Indian tribes, namely: For

pay of fifty-seven agents of Indian affairs at the following-named agencies, at the rates respectively indicated, namely:

At the Blackfeet Agency, Montana, at one thousand eight hundred dollars;

At the Cherokee School, North Carolina: Additional compensation to superintendent of said school for performing the duties heretofore required of the agency at the Cherokee Agency, two hundred dollars;

At the Cheyenne and Arapaho Agency, Oklahoma Territory, one thousand eight hundred dollars;

At the Cheyenne River Agency, South Dakota, one thousand seven hundred dollars ;

At the Colorado River Agency, Arizna, one thousand five hundred dollars ;

At the Colville Agency, Washington, one thousand five hundred dollars ;

At the Crow Creek and Lower Brule Agency, South Dakota, one thousand eight hundred dollars ;

At the Crow Agency, Montana, one thousand eight hundred dollars ;

At the Devils Lake Agency, North Dakota, one thousand two hundred dollars ;

At the Flathead Agency, Montana, one thousand five hundred dollars;

At the Fort Belknap Agency, Montana, one thousand five hundred dollars;

At the Fort Berthold Agency, South Dakota, one thousand five hundred dollars ;

At the Fort Hall Agency, Idaho, one thousand five hundred dollars ;

At the Fort Peck Agency, Montana, one thousand eight hundred dollars ;

At the Grand Ronde Agency, Oregon, one thousand two hundred dollars;

At the Green Bay Agency, Wisconsin, one thousand eight hundred dollars :

At Hoopa Valley Agency, California, one thousand two hundred dollars ;

At the Kiowa Agency, Oklahoma Territory, one thousand eight hundred dollars;

At the Klamath Agency, Oregon, one thousand two hundred dollars;

At the La Pointe Agency, Wisconsin, one thousand eight hundred dollars ;

At the Lemhi Agency, Idaho, one thousand two hundred dollars ;

At the Mescalero Agency, New Mexico, one thousand six hundred dollars ;

At the Mission Tule River Agency, California, one thousand six hundred dollars ;

At the Navajo Agency, New Mexico, one thousand eight hundred dollars ;

At the Neah Bay Agency, Washington, one thousand two hundred dollars ;

At the Nevada Agency, Nevada, one thousand five hundred dollars;
At the New York Agency, New York, one thousand dollars;
At the Nez Perces Agency, Idaho, one thousand six hundred dollars;

At the Omaha and Winnebago Agency, Nebraska, one thousand six hundred dollars;

At the Osage Agency, Oklahoma Territory, one thousand six hundred dollars;

At the Pima Agency, Arizona, one thousand eight hundred dollars ;

At the Pine Ridge Agency, South Dakota, one thousand eight hundred dollars ;

At the Pottawatomie and Great Nemaha Agency, Kansas, one thousand two hundred dollars ;

At the Ponca, Pawnee, Otoe and Oakland Agency, Oklahoma Territory, one thousand five hundred dollars ;

At the Pueblo and Jicarilla Agency, New Mexico, one thousand five hundred dollars ;

At the Puyallup (consolidated) Agency, Washington, one thousand six hundred dollars ;

At the Rosebud Agency, South Dakota, one thousand eight hundred dollars;

At the Round Valley Agency, California, one thousand five hundred dollars;

At the Sac and Fox Agency, Iowa, one thousand dollars;

At the Sac and Fox Agency, Oklahoma Territory, one thousand two hundred dollars;

At the San Carlos Agency, Arizona, one thousand eight hundred dollars;

At the Santee Agency, Nebraska, one thousand two hundred dollars;

At the Shoshone Agency, Wyoming, one thousand five hundred dollars ;

At the Siletz Agency, Oregon, one thousand two hundred dollars ;

At the Sisseton Agency, South Dakota, one thousand five hundred dollars :

At the Southern Ute Agency, Colorado, one thousand four hundred dollars:

At the Standing Rock Agency, North Dakota, one thousand eight hundred dollars;

At the Tongue River Agency, Montana, one thousand five hundred dollars;

At the Tulalip Agency, Washington, one thousand two hundred dollars :

At the Uintah and Ouray Agency, Utah (consolidated), one thousand eight hundred dollars;

At the Umatilla Agency, Oregon, one thousand two hundred dollars ;

At the Union Agency, Indian Territory, one thousand five hundred dollars;

At the Warm Springs Agency, Oregon, one thousand two hundred dollars;

At the Western Shoshone Agency, Nevada, one thousand five hundred dollars;

At the White Earth Agency, Minnesota, one thousand eight hundred dollars;

At the Yakima Agency, Washington, one thousand eight hundred dollars;

At the Yankton Agency, South Dakota, one thousand six hundred dollars;

At the Quapaw Agency, Indian Territory, one thousand four hundred dollars :

and hereafter the annual salaries of the several Indian agents shall be as provided for in this Act. [28 Stat. L. 286.]

This is from the Act of Aug. 15, 1894, ch. 290, making appropriations for current and contingent expenses of the Indian Department for the next fiscal year.

A provision has been repeated annually in the Indian appropriation acts, since 1884, repealing all laws fixing compensation of Indian agents in excess of the amount provided in the particular act. This paragraph now seems intended to take the place of the recurrent annual provisions and to fix the salaries on a permanent basis. . Compilers' note to the above paragraph in the text, 2 Supp. R. S. 244.

It is to be observed, however, that while as in the provision in the text. See 29 Stat. the repealing provision just mentioned has L. 321; 30 Stat. L. 62, 571, 924; 31 Stat. L. not been repeated in the subsequent annual 221, 1058; 32 Stat. L. 245. It seems, thereIndian appropriation acts, these acts are not fore, that a situation might arise as to comuniform as to the number of agents -- pro pensation of Indian agents like that discussed vision being made for fifty-six in 1896, 1897, in the preliminary article on STATUTES AND 1898, and 1899, fifty-three in 1900, forty-nine STATUTORY CONSTRUCTION, vol. 1, pp. xv, xvi in 1901, and forty-three in 1902 -- nor has the of this work. See also note to R. S. sec. 2043, amount for Indian agents' salaries at the re supra, p. 341. spective agencies remained always the same

[Fort Apache agency.] That a separate agency is hereby created to cover and have jurisdiction over all that portion of the White Mountain or San Carlos Reservation lying north of the Salt or Black River, to be known as the Fort `Apache Reservation, with headquarters at Fort Apache, Arizona:

[30 Stat. L. 64.]
This is from the Indian Appropriation Act of June 7, 1897, ch. 3.

*

[Superintendents of schools may act as agents shall give bond. ]

That the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, may devolve the duties of any Indian agency or any part thereof upon the superintendent of the Indian training school located at such agency whenever in his judgment such superintendent can properly perform the duties of such agency.

And the superintendent upon whom such duties devolve shall give bond as other Indian agents. [32 Stat. L. 247.]

This is from the Act of May 27, 1902, ch. 888, making appropriations for current and contingent expenses of the Indian Department for the next fiscal year. Like provisions appear in previous Indian appropriation acts. See 27 Stat. L. 614; 28 Stat. İ.. 288, 876, 29 Stat. L. 323; 30 Stat. L. 64, 573, 926; 31 Stat. L. 223, 1060.

As to bonds of Indian agents, see R. S. sec. 2057, given below.

[Cherokee, North Carolina, Training School superintendent to act as agent agent abolished.] The superintendent of the Indian Training School at Cherokee, North Carolina, shall, in addition to his duties as superintendent, perform the duties heretofore required of the agent at said Cherokee Agency, and receive in addition to his salary as superintendent two hundred dollars per annum, and shall give bond as other Indian agents, and that the office of agent be, and the same is hereby abolished at that place;

[27 Stat. L. 614.] This is from the Indian Appropriation Act of March 3, 1893, ch. 209. The same provision appears in the previous Indian Appropriation Act, 27 Stat. L. 122.

[Army officers detailed as Indian agents.] Provided, That hereafter the President may detail officers of the United States Army to act as Indian agents at such agencies as in the opinion of the President may require the presence of an army officer, and while acting as Indian agents such officers shall be under the orders and direction of the Secretary of the Interior: [30 Stat. L. 573.]

This is from the Indian Appropriation Act of July 1, 1898, ch. 545, following appropriation for pay of Indian agents, and is probably intended as a substitute for

R. S. sec. 2062, infra, p. 351. See notes to that section. The Indian Appropriation Act of July 13, cept at agencies where, in the opinion of the 1892, ch. 164, 27 Stat. L. 120, provided : President, the public service would be better " That from and after the passage of this promoted by the appointment of a civilian.” act the President shall detail officers of the The proviso given in the text is followed by United States Army to act as Indian Agents the further proviso: That the foregoing apat all Agencies where vacancies from any nronriations shall not take effect nor become cause may hereafter cocur. who, while acting available in any case for or during the time as such agents, shall be under the orders and in which any officer of the Army of the direction of the Secretary of the Interior, ex United States shall be engaged in the per

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