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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. this section, to dispense with the services of 437.

any agent, is not suspended during a session Superintendencies were discontinued by the of the Senate, and the duties of such agent President. See note to R. S. secs. 2046-2051, may be devolved upon another agent or upon supra, p. 343.

a military officer under R. S. sec. 2062, infra, Dispensing with services while Senate in p. 351. (1877) 15 Op. Atty.-Gen. 405. session. - The power of the President, under

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.]

Act of July 15, 1870, ch. 296, 16 Stat. L. President. See note to R. S. secs. 2046-2051, 360.

supra, p. 343. Superintendencies were discontinued by the

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 [Repealed by Act of July 4, 1884, ch. 180, 23 Stat.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For the provisions of the Acts above cited R. S. sec. 2055 as originally enacted was see Act of Aug. 15, 1894, ch. 290, set forth amended to read as above by the Act of Feb. supra, p. 344, and the notes thereto.

27, 1877, ch. 69, 19 Stat. L. 244, which added R. S. sec. 2055 is as follows: “Each Indian the concluding words " except as herein otheragent shall be entitled to receive a salary at wise provided for." the rate of fifteen hundred dollars a year ex- R. Š. sec. 2055 was construed in Belknap v. cept as herein otherwise provided for.” Act U. S., (1889) 24 Ct. Cl. 433. of Feb. 14, 1873, ch. 138, 17 Stat. L. 438.

Séc. 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.]

Act of Feb. 27, 1851, ch. 14, 9 Stat. L. 587; interior department as holding over after the Act of April 8, 1864, ch. 48, 13 Stat. L. 40. expiration of the stated term. Romero v. U.

R. S. sec. 2056 as originally enacted was S., (1889) 24 Ct. Cl. 331. amended so as to read as above by the Agent appointed during recess of Senate. Indian Appropriation Act of May 17, 1882, ch. The above section has no application to an 163, 22 Stat. L. 87, which added the conclud- Indian agent appointed during a recess of the ing words, “and until his successor is duly Senate, whose term expires with the end of appointed and qualified.”

the next session of the Senate, unless the apBefore the amendment of 1882, above noted, pointment is confirmed. Romero v. U. S., Indian agents appointed for a term of four (1889) 24 Ct. Cl. 331. years were never treated or regarded by the

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. L. 735, fixed the penalty and conditions of the

See also R. S. sec. 2075, infra, p. 355, and bonds of agents, and a bond containing connotes thereto; and as to bonds of Indian sub- ditions other than those prescribed was void. agents, R. S. sec. 2065, infra, p. 351.

U. S. 1. Humason, (1879) 6 Sawy. (U. S.) 199. Superintendents of schools acting as Indian But a bond might be required in a larger agents “shall give bond as other Indian penalty than the statute provided for, under agents.” Act of May 27, 1902, ch. 888, set section 8 of the same Act, now R. S. sec. 2075, forth supra, p. 347.

infra. U. S. v. Humason, (1879) 5 Sawy. (U. Former statute fixed penalty and conditions. S.) 537. - The Act of June 30, 1834, ch. 162, 4 Stat.

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.

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[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; fidential.” Romero v. U. S., (1889) 24 Ct. Cl. Act of June 5, 1850, ch. 16, 9 Stat. L. 736; 331. Act of Feb. 27, 1851, ch. 14, 9 Stat. L. 587. Agent must execute order of commissioner.

See notes under R. S. secs. 2074, 2083, infra, - An order of the commissioner of Indian pp. 354, 358.

affairs, directing an agent to have certain In Farrell v. U. S., (1901) 110 Fed. Rep. 942, services performed, must be executed by such it was said that the regulations above re- agent under the above section, and the sureferred to in R. S. sec. 2058,

require the ties upon the agent's bond cannot be held agents to use their utmost vigilance in en- liable for the amount paid by him for the forcing the penalties of the law against all performance of such services. U. S. v. Stowe, persons who engage in the traffic in intoxicat- (1884) 19 Fed. Rep. 807. ing liquors with the Indians, and to instruct Disbursement of funds. - The above section and encourage those to whom allotments have clearly authorizes the President to devolve the been made to cultivate their farms." See duty of disbursing the funds of the several also note to R. S. sec. 2139, infra, p. 383. agencies upon the agents thereof, it being dis

Nature of duties. “ Many of the services cretionary with the President to require the required of an agent are of a higher order superintendent of Indian affairs to make such than the mere custody of property

disbursement under R. S. sec. 2089, infra, p. and in some cases they are delicate and con- 362. (1875) 15 Op. Atty.-Gen. 66.

[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

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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

As to Indian agents' accounts, see also the Act of July 1, 1898, ch. 545, supra,

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.

fiscal year.

p. 347.

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. agency, is not suspended during a session of

The following paragraph of the text was the Senate, and the transfer may be to the evidently intended as a substitute for the vicinity of a military post, should it be conabove section.

templated to require a military officer to perAction of President while Senate in session. form the duties of agent, under R. S. sec. — The power of the President, under this 2062, infra. (1877) 15 Op. Atty.-Gen. 405. section, to discontinue or transfer any Indian

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. MENT), which provides that army officers 735-737.

shall not be employed as disbursing agents This section is probably superseded by a of the Indian department, where such employsubstituted provision in the Act of July 1, ment requires them to be separated from 1898, ch. 545, set forth supra, p. 347.

their regiments or companies, or otherwise Officer detached for special service. In interferes with the performance of their miliMinis v. U. S., (1841) 15 Pet. (U. S.) 448, it tary duties proper. (1875) 14 Op. Atty.-Gen. was held that the Act of 1834, above cited, 573. did not contemplate within its provisions the Requirements while Senate in session. appointment of general Indian agents merely, The President may, during a session of the but extended to a military officer who was Senate, exercise the power conferred by this detached for special services as an Indian section. (1877) 15 Op. Atty.-Gen. 405. agent.

Traveling expenses.

A similar provision Officer on active list designated as agent. was found in sections 4 and 13 of the Act of This section must be understood as constitut- June 30, 1834, above cited, in considering ing an exception to R. S. sec. 122 (see WAR which the attorney-general decided that in all DEPARTMENT MILITARY ESTABLISH- cases where duties properly assignable to InMENT), declaring that no army officer on the dian agents were executed by military offiactive list shall hold any civil office, and it is cers, under the order of the President, they clear that the President has the power to de- were entitled to their actual traveling exvolve upon an army officer on the active list penses, in spite of the provisions of the Act the duties of an Indian agent, subject to the of 1835 limiting the compensation of officers qualification of R. S. sec. 1224 (see WAR of the army. (1835) 2 Op. Atty.-Gen. 701. DEPARTMENT AND MILITARY ESTABLISH

AND

01.

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.
" Indian country." — See note to R. S. sec. 2127, infra.

[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 “here

after” 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, dent may direct, and who shall give bonds, with one or more sureties, in the penal sum of one thousand dollars, for the faithful execution of their duties. But no sub-agent shall be appointed who shall reside within the limits of any agency where there is an agent appointed. (R. S.]

Act of June 30, 1834, ch. 162, 4 Stat. L. 736.

Sec. 2066. [Limits of superintendencies, agencies, and sub-agencies.] The limits of each superintendency, agency, and sub-agency shall be established by the Secretary of the Interior, either by tribes or geographical boundaries. [R. S.]

Act of June 30, 1834, ch. 162, 4 Stat. L. Superintendencies have been abolished by 736; Act of March 3, 1847, ch. 66, 9 Stat. L. the President. See note to R. S. secs. 2046203.

2051, supra, p. 343.

Sec. 1949. [Certain agencies, etc., continued.] The existing agencies and superintendencies of the Indians inbabiting the Territories of Idaho and Moutana shall be continued with the same powers and duties now prescribed by law, except that the President may, at his discretion, change the location of the office of such agents or superintendents. [R. S.]

Idaho, Act of March 3, 1863, ch. 117, 12 Superintendencies have been abolished by Stat. L. 814.

the President. See note to R. S. secs. 2046Montana, Act of May 26, 1864, ch. 95, 13 2051, supra, p. 343. Stat. L. 91.

Sec. 2067. [Special agents and commissioners.] All special agents and commissioners not appointed by the President shall be appointed by the Secretary of the Interior, [R. S.]

Act of March 3, 1863, ch. 99, 12 Stat. L. 792.

[Traveling allowances to special agents.] That special agents shall be allowed three dollars per diem for traveling and incidental expenses while traveling or actually on duty in the field, exclusive of cost of transportation and sleeping-car fare.

[23 Stat. L. 364.] This is from the Act of March 3, 1885, ch. 341, making appropriations for current and contingent expenses of the Indian department for the next fiscal year. The same provision appears in previous Indian Appropriation Act. See 23 Stat. L. 77.

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Sec. 2068. [Interpreters to the agencies.] An interpreter shall be allowed to each agency.

Where there are different tribes in the same agency, speaking different languages, one interpreter may be allowed, at the discretion of the Secretary of the Interior, for each of such tribes. Interpreters shall be nominated, by the proper agents, to the Department of the Interior for approval, and may be suspended by the agent from pay and duty, and the circumstances reported to the Department of the Interior for final action. (R. S.]

Act of June 30, 1834, ch. 162, 4 Stat. L. 737.

Sec. 2069. [Preference to Indians for interpreters.] In all cases of the appointments of interpreters or other persons employed for the benefit of the Indians, a preference shall be given to persons of Indian descent, if such can be found, who are properly qualified for the execution of the duties. (R. S.]

Act of June 30, 1834, ch. 162, 4 Stat. L. 737.

[Preference to Indians as employees.] and preference shall at all times, as far as practicable, be given to Indians in the employment of

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