[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.] * * -X 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. I. 288, $78, 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, 1892, ch. 164, 27 Stat. L. 120, provided: That from and after the passage of this act the President shall detail officers of the United States Army to act as Indian Agents at all Agencies where vacancies from any cause may hereafter cccur, who, while acting as such agents, shall be under the orders and direction of the Secretary of the Interior, ex cept at agencies where, in the opinion of the President, the public service would be better promoted by the appointment of a civilian." The proviso given in the text is followed by the further proviso: "That the foregoing appropriations shall not take effect nor become available in any case for or during the time in which any officer of the Army of the United States shall be engaged in the per formance of the duties of Indian agent at any of the agencies above named." The latter proviso appears also in the Indian Appropriation Act of May 27, 1902, ch. 888, 32 Stat. L. 245, 246, and in previous appropriation acts. See 27 Stat. L. 613; 28 Stat. L. 288, 878; 29 Stat. L. 323; 30 Stat. L. 64, 926. Sec. 2053. [Services of certain agents and superintendents to be dispensed with.] It shall be the duty of the President to dispense with the services of such Indian agents and superintendents as may be practicable; and where it is practicable he shall require the same person to perform the duties of two agencies or superintendencies for one salary. [R. S.] Act of Feb. 14, 1873, ch. 138, 17 Stat. L. 437. Superintendencies were discontinued by the President. See note to R. S. secs. 2046-2051, supra, p. 343. Dispensing with services while Senate in session. The power of the President, under this section, to dispense with the services of any agent, is not suspended during a session of the Senate, and the duties of such agent may be devolved upon another agent or upon a military officer under R. S. sec. 2062, infra, p. 351. (1877) 15 Op. Atty.-Gen. 405. Sec. 2054. [Indian agents to report to Commissioner in certain cases.] Whenever any one or more of the superintendencies is abolished by law, or discontinued by the President, the Indian agents in such superintendencies shall report directly to the Commissioner of Indian affairs. [R. S.] 360. Act of July 15, 1870, ch. 296, 16 Stat. L. President. See note to R. S. secs. 2046-2051, supra, p. 343. Sec. 2055. [Repealed by Act of July 4, 1884, ch. 180, 23 Stat. L. 77, and Act of Aug. 15, 1894, ch. 290, 28 Stat. L. 286.] For the provisions of the Acts above cited see Act of Aug. 15, 1894, ch. 290, set forth supra, p. 344, and the notes thereto. R. S. sec. 2055 is as follows: "Each Indian agent shall be entitled to receive a salary at the rate of fifteen hundred dollars a year except as herein otherwise provided for." Act of Feb. 14, 1873, ch. 138, 17 Stat. L. 438. R. S. sec. 2055 as originally enacted was amended to read as above by the Act of Feb. 27, 1877, ch. 69, 19 Stat. L. 244, which added the concluding words "except as herein otherwise provided for." R. S. sec. 2055 was construed in Belknap v. U. S., (1889) 24 Ct. Cl. 433. Sec. 2056. [Term of office.] Each Indian agent shall hold his office for the term of four years and until his successor is duly appointed and qualified. [R. S.] Sec. 2057. [Bond of Indian agents.] Each Indian agent, before entering upon the duties of his office, shall give bond in such penalties and with such security as the President or the Secretary of the Interior may require. [R. S.] Act of Feb. 27, 1851, ch. 14, 9 Stat. L. 587. See also R. S. sec. 2075, infra, p. 355, and notes thereto; and as to bonds of Indian subagents, R. S. sec. 2065, infra, p. 351. Superintendents of schools acting as Indian agents "shall give bond as other Indian agents." Act of May 27, 1902, ch. 888, set forth supra, p. 347. Former statute fixed penalty and conditions. -The Act of June 30, 1834, ch. 162, 4 Stat. L. 735, fixed the penalty and conditions of the bonds of agents, and a bond containing conditions other than those prescribed was void. U. S. v. Humason, (1879) 6 Sawy. (U. S.) 199. But a bond might be required in a larger penalty than the statute provided for, under section 8 of the same Act, now R. S. sec. 2075, infra. U. S. v. Humason, (1879) 5 Sawy. (U. S.) 537. SEC. 10. [Sureties on Indian agents' bond to file statement of property.] That hereafter the security or securities, upon the bond required by the act of February twenty-seventh, eighteen hundred and fifty-one, to be given by each Indian agent before entering upon the duties of his office, shall file a sworn statement with the Secretary of the Interior, setting forth the nature and kind of property owned by such security or securities, the value of the same, and where situated; and that no money appropriated by this act shall be paid to any Indian agent hereafter appointed until the security or securities shall have filed such statement. [18 Stat. L. 451.] The above is part of section 10 of the Act of March 3, 1875, ch. 132, making appropriations for current and contingent expenses of the Indian department for the next fiscal year. The provision of the Act of Feb. 27, 1851, to which the section refers, is incorporated into R. S. sec. 2057, supra. [Indian agents to account for funds.] That hereafter Indian agents shall account for all funds coming into their hands as custodians from any source whatever, and be responsible therefor under their official bonds. * * * [30 Stat. L. 595.] This is from the Act of July 1, 1898, ch. 545, making appropriations for current and contingent expenses of the Indian department for the next fiscal year. See further as to Indian agents' accounts the Act of March 3, 1875, ch. 132, sec. 10, infra. Sec. 2058. [Duties of Indian agents.] Each Indian agent shall, within his agency, manage and superintend the intercourse with the Indians, agreeably to law; and execute and perform such regulations and duties, not inconsistent with law, as may be prescribed by the President, the Secretary of the Interior, the Commissioner of Indian Affairs, or the superintendent of Indian affairs. [R. S.] Act of June 30, 1834, ch. 162, 4 Stat. L. 736; Act of June 5, 1850, ch. 16, 9 Stat. L. 736; Act of Feb. 27, 1851, ch. 14, 9 Stat. L. 587. See notes under R. S. secs. 2074, 2083, infra, pp. 354, 358. 66 In Farrell v. U. S., (1901) 110 Fed. Rep. 942, it was said that the regulations above referred to in R. S. sec. 2058, require the agents to use their utmost vigilance in enforcing the penalties of the law against all persons who engage in the traffic in intoxicating liquors with the Indians, and to instruct and encourage those to whom allotments have been made to cultivate their farms." also note to R. S. sec. 2139, infra, p. 383. Nature of duties. Many of the services required of an agent are of a higher order than the mere custody of property and in some cases they are delicate and con 66 * See fidential." Romero v. U. S., (1889) 24 Ct. Cl. 331. Agent must execute order of commissioner. - An order of the commissioner of Indian affairs, directing an agent to have certain services performed, must be executed by such agent under the above section, and the sureties upon the agent's bond cannot be held liable for the amount paid by him for the performance of such services. U. S. v. Stowe, (1884) 19 Fed. Rep. 807. Disbursement of funds. The above section clearly authorizes the President to devolve the duty of disbursing the funds of the several agencies upon the agents thereof, it being discretionary with the President to require the superintendent of Indian affairs to make such disbursement under R. S. sec. 2089, infra, p. (1875) 15 Op. Atty.-Gen. 66. 362. [Indian agents to keep book of expenditures, etc. - punishment for failing to keep books, etc.] Each Indian agent shall keep a book of itemized expenditures of every kind, with a record of all contracts, together with the receipts of money from all sources; and the books thus kept shall always be open to inspection; and the said books shall remain in the office at the respective reservations, not to be removed from said reservation by said agent, but shall be safely kept and handed over to his successor; and true transcripts of all entries of every character in said books shall be forwarded quarterly by each agent to the Commissioner of Indian Affairs: Provided, That should any agent knowingly make any false entry in said books, or in the transcripts directed to be forwarded to the Commissioner of Indian Affairs, or shall knowingly fail to keep a perfect entry in said books as herein prescribed, he shall be deemed guilty of a misdemeanor, and, on conviction before any United States court having jurisdiction of such offense, shall be fined in a sum not less than five hundred nor more than one thousand dollars, at the discretion of the court, and shall be rendered incompetent to hold said office of Indian agent after conviction under this act. [18 Stat. L. 451.] This is part of section 10 of the Act of March 3, 1875, ch. 132, making appropriations for current and contingent expenses of the Indian department for the next fiscal year. As to Indian agents' accounts, see also the Act of July 1, 1898, ch. 545, supra, p. 347. Indian agents are required to submit census reports by section 9 of the Indian Appropriation Act of July 4, 1884, ch. 180, given infra, p. 511. Sec. 2059. [Discontinuance and transfer of agencies.] The President shall, whenever he may judge it expedient, discontinue any Indian agency, or transfer the same, from the place or tribe designated by law, to such other place or tribe as the public service may require. [R. S.] Act of June 30, 1834, ch. 162, 4 Stat. L. 735. The following paragraph of the text was evidently intended as a substitute for the above section. Action of President while Senate in session. -The power of the President, under this section, to discontinue or transfer any Indian agency, is not suspended during a session of the Senate, and the transfer may be to the vicinity of a military post, should it be contemplated to require a military officer to perform the duties of agent, under R. S. sec. 2062, infra. (1877) 15 Op. Atty.-Gen. 405. SEC. 6. [Consolidation and abolition of agencies.] That the President may, in his discretion, consolidate two or more agencies into one, and where Indians are located on reservations 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. [23 Stat. L. 97.] This is part of section 6 of the Indian Appropriation Act of July 4, 1884, ch. 180. The same provision appeared in the Indian Appropriation Acts of May 17, 1882, ch. 163, 22 Stat. L. 88, and March 1, 1883, ch. 61, 22 Stat. L. 451. Sec. 2060. [Residence of Indian agents.] Every Indian agent shall reside and keep his agency within or near the territory of the tribe for which he may be agent, and at such place as the President may designate, and shall not depart from the limits of his agency without permission. [R. S.] Act of June 30, 1834, ch. 162, 4 Stat. L. 735. Sec. 2061. [Limitation on visits to Washington by agents for Indians in California.] All Indian agents appointed for California shall reside at their respective agencies, and shall in no case be permitted to visit the city of Washington except when ordered to do so by the Commissioner of Indian Affairs. The Commissioner shall report all cases of the violation of this section to the President, with the request that the agents offending be at once removed from office. [R. S.] Act of April 8, 1864, ch. 48, 13 Stat. L. 41. Sec. 2062. [Officers of the army may be required to act as Indian agents.] The President may require any military officer of the United States to execute the duties of an Indian agent; and when such duties are required of any military officer, he shall perform the same without any other compensation than his actual traveling expenses. [R. S.] Act of June 30, 1834, ch. 162, 4 Stat. L. 735-737. This section is probably superseded by a substituted provision in the Act of July 1, 1898, ch. 545, set forth supra, p. 347. Officer detached for special service. In Minis v. U. S., (1841) 15 Pet. (U. S.) 448, it was held that the Act of 1834, above cited, did not contemplate within its provisions the appointment of general Indian agents merely, but extended to a military officer who was detached for special services as an Indian agent. Officer on active list designated as agent. This section must be understood as constituting an exception to R. S. sec. 122 (see WAR DEPARTMENT AND MILITARY ESTABLISHMENT), declaring that no army officer on the active list shall hold any civil office, and it is clear that the President has the power to devolve upon an army officer on the active list the duties of an Indian agent, subject to the qualification of R. S. sec. 1224 (see WAR DEPARTMENT AND MILITARY ESTABLISH MENT), which provides that army officers shall not be employed as disbursing agents of the Indian department, where such employment requires them to be separated from their regiments or companies, or otherwise interferes with the performance of their military duties proper. (1875) 14 Op. Atty.-Gen. 573. Requirements while Senate in session. The President may, during a session of the Senate, exercise the power conferred by this section. (1877) 15 Op. Atty. Gen. 405. Traveling expenses. - A similar provision was found in sections 4 and 13 of the Act of June 30, 1834, above cited, in considering which the attorney-general decided that in all cases where duties properly assignable to Indian agents were executed by military officers, under the order of the President, they were entitled to their actual traveling expenses, in spite of the provisions of the Act of 1835 limiting the compensation of officers of the army. (1835) 2 Op. Atty.-Gen. 701. Sec. 2063. [Compensation for extra services performed by agents and subagents.] No compensation beyond their actual expenses for extra services shall be allowed any Indian agent or sub-agent for services when doing duty under the order of the Government, detached from their agency and the boundary of the tribe to which they are agents or sub-agents. [R. S.] Act of May 31, 1832, ch. 109, 4 Stat. L. 520. Sec. 2064. [Acknowledgment of deeds, etc., by agents.] Indian agents are authorized to take acknowledgments of deeds, and other instruments of writing, and to administer oaths in investigations committed to them in Indian country, pursuant to such rules and regulations as may be prescribed for that purpose, by the Secretary of the Interior; and acknowledgments so taken shall have the same effect as if taken before a justice of the peace. [R. S.] Act of March 3, 1855, ch. 204, 10 Stat. L. 701. [Special agents, etc., may administer oaths, etc.] That hereafter each special agent, supervisor of schools, or other official charged with the investigation of Indian agencies and schools in the pursuit of his official duties shall have power to administer oaths and to examine on oath all officers and persons employed in the Indian Service, and all such other persons as may be deemed necessary and proper. [30 Stat. L. 927.] This is from the Indian Appropriation Act of March 1, 1899, ch. 324. The same provision without the word "hereafter" occurs in the Indian Appropriation Act of July 1, 1898, ch. 545, 30 Stat. L. 574. By the addition of the word "hereafter" it has now become permanent. Compilers' note, 2 Supp. R. S. 953. Sec. 2065. [Appointment of Indian sub-agents.] A competent number of sub-Indian agents shall be appointed by the President, with a salary of one thousand dollars a year each, to be employed, and to reside wherever the Presi |