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. 736; Act of March 3, 1847, ch. 66, 9 Stat. L. 203.

Superintendencies have been abolished by the President. See note to R. S. secs. 20462051, supra, p. 343.

Sec. 1949. [Certain agencies, etc., continued.] The existing agencies and superintendencies of the Indians inhabiting 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 Stat. L. 814.

Montana, Act of May 26, 1864, ch. 95, 13 Stat. L. 91.

Superintendencies have been abolished by the President. See note to R. S. secs. 20462051, supra, p. 343.

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.

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

clerical, mechanical, and other help on reservations and about agencies. [23 Stat. L. 97.]

This is from the Indian Appropriation Act of July 4, 1884, ch. 180, part of sec. 6, 23 Stat. L. 97.

451.

The same provision appears in previous appropriation acts. Sec. 22, Stat. L. 88,

66

The Indian Appropriation Act of March 3, 1875, ch. 132, sec. 5, 18 Stat. L. 420, also contains a similar provision. It reads as follows: And where Indians can perform the duties [of employees] they shall be employed."

See also section 5 of the Act of Feb. 8. 1887, ch. 119 (infra, p. 496), which relates to preference in the employment of Indians as police, etc.

See also the paragraphs of text herein following.

SEC. 10. [Indian employees preferred.] That in the Indian service Indians shall be employed as herders, teamsters, and laborers, and where practicable in all other employments in connection with the agencies and the Indian service. And it shall be the duty of the Secretary of the Interior and the Commissioner of Indian Affairs to enforce this provision. [28 Stat. L. 313.]

This section is from the Indian Appropriation Act of Aug. 15, 1894, ch. 290.

[Transportation, etc., Indians to be engaged.] Transportation of Indian supplies: * * * Provided, that Indians shall be employed in the transportation of supplies and in other work connected with the Indian service wherever practicable. * [27 Stat. L. 632.]

* *

This is part of section 1 of the Indian Appropriation Act of March 3, 1893, ch. 209. [Limit to expenditures for employees at agencies, etc.] That hereafter not more than ten thousand dollars shall be paid in any one year for salaries or compensation of employees regularly employed at any one agency, for its conduct and management, and the number and kind of employees at each agency shall be prescribed by the Secretary of the Interior and none other shall be employed: Provided, That where two or more Indian agencies have been or may hereafter be consolidated, the expenditure of such consolidated agencies for regular employees shall not exceed fifteen thousand dollars: Provided further, That salaries or compensation of agents, Indians, school employees of every description, and persons temporarily employed, in case of emergency, to prevent loss of life and property, in the erection of buildings, the work of irrigation, and making other permanent improvements, shall not be construed as coming within the limitations fixed by the foregoing paragraphs. [30 Stat. L. 90.]

This is part of section 1 of the Act of June 7, 1897, ch. 3. It supersedes in part, at least, the following provisions in section 5 of the Indian Appropriation Act of March 3, 1875, ch. 132, 18 Stat. L. 449: "That hereafter not more than six thousand dollars shall be paid in any one year for salaries or compensation of employees at any one agency, in addition to the salaries of the agent, and not more at any one agency than is absolutely necessary; and where Indians can perform the duties they shall be employed; and the number and kind of employees at each agency shall be prescribed by the Secretary of the Interior, and none others shall be employed.

3 F. S. A.-23

858

And provided further, That in case it should be necessary, at any agencies, to have more employees than provided for in this section, the Secretary may, by written order, authorize the increase necessary; but in no case shall the amount expended at any agency exceed ten thousand dollars in any one year; and the provision of this section shall apply to the fiscal year ending June thirtieth, eighteen hundred and seventy-five."

The operation of the section last quoted was restrained by a provision in section 1 of the Indian Appropriation Act of May 11, 1880, ch. 85, 21 Stat. L. 131, "That teachers and Indians employed at agencies in any capacity Volume III.

[Agent's oath to accounts.] Indian agents shall be required to state, under oath, upon rendering their quarterly accounts, that the employees claimed for were actually and bona fide employed at such agency, and at the compensation as claimed, and that such service was necessary; and that such agent is not to receive, and has not received, directly or indirectly, any part of the compensation claimed for any other employee: Provided, That when there is no officer authorized to administer oaths within convenient distance of such agent, the Secretary of the Interior may direct such returns to be made upon certificate of the agent; [18 Stat. L. 449.]

The above provision is part of section 5 of the Indian Appropriation Act of March 3, 1875, ch. 132.

See further as to accounts of disbursing officers in the Indian service, Act of July 4, 1884, sec. 8, infra, p. 356.

Sec. 2070. [Salaries of interpreters. Repealed by Act of May 17, 1882, 22 Stat. L. 70.]

The Act above cited was an Act making appropriations for the current and contingent expenses of the Indian Department for the next fiscal year. It expressly repealed R. S. sec. 2070, which read as follows:

"SEC. 2070. The salaries of interpreters lawfully employed in the service of the United States, in Oregon, Utah, and New Mexico, shall be five hundred dollars a year each, and of all so employed elsewhere, four hundred dollars a year each." Act of Feb. 27, 1851, ch. 14, 9 Stat. L. 587; Act of Feb. 14, 1873, ch. 138, 17 Stat. L. 437.

Compensation for interpreters is provided for in the annual Indian appropriation acts. In the Act of May 27, 1902, ch. 888, 32 Stat. L. 247, making appropriations for current and

contingent expenses of the Indian Department for the next fiscal year, the provision was as follows: "For payment of necessary interpreters, to be distributed in the discretion of the Secretary of the Interior, five thousand dollars; but no person employed by the United States and paid for any other service shall be paid for interpreting." The same provision appears in previous Indian appropriation acts. See 27 Stat. L. 614; 28 Stat. L. 288, 878; 29 Stat. L. 323; 30 Stat. L. 64.

R. S. sec. 2070 was construed in the following cases: Collins v. State, (1892) 3 S. Dak. 18; U. S. v. Mitchell, (1883) 109 U. S. 146; U. S. v. Langston, (1886) 118 U. S. 389; Mitchell v. U. S., (1883) 18 Ct. Cl. 287.

Given infra, p. 506.]

Sec. 2071. [Instruction of Indians. Sec. 2072. [When tribes may direct the employment of blacksmiths, etc. Given infra, p. 506.]

Sec. 2073. [Discontinuance of the offices of agents, interpreters, etc.] The Secretary of the Interior shall, under the direction of the President, cause to be discontinued the services of such agents, sub-agents, interpreters, and mechanics, as may from time to time become unnecessary, in consequence of the emigration of the Indians, or other causes. [R. S.]

Act of July 9, 1832, ch. 174, 4 Stat. L. 564. R. S. sec. 2073, as originally enacted, was amended to read as above by the Act of Feb. 27, 1877, ch. 69, 19 Stat. L. 244, which inserted

the word "agents" after the word "such," and substituted the word "emigration" for the word "immigration."

Sec. 2074. [No person to hold two offices leave of absence.] No person shall hold more than one office at the same time under this Title, nor shall any agent, sub-agent, interpreter, or person employed under this Title, receive his salary while absent from his agency or employment, without leave of the super

intendent, or Secretary of the Interior; but such absence shall at no time exceed sixty days. [R. S.]

Act of June 30, 1834, ch. 162, 4 Stat. L. 737. "This title," to which the above section refers, is R. S. title XXVIII. "Indians," which comprises sections 2039-2157, inclusive.

Indian agent as deputy marshal. - The above section does not prohibit a person from

acting as an Indian agent and a deputy marshal at the same time, as service of such deputy is not inconsistent with the duties to be performed by Indian agents under R. S. secs. 2058 and 2064, supra. (1892) 20 Op. Atty. Gen. 494.

Sec. 2075. [Additional security.] The President may, from time to time, require additional security, and in larger amounts, from all persons charged or trusted, under the laws of the United States, with the disbursement or application of money, goods, or effects of any kind, on account of Indian affairs. [R. S.]

Act of June 30, 1834, ch. 162, 4 Stat. L. 737. As to bonds of Indian agents, see also R. S. sec. 2057, supra, p. 348.

"Additional security" may be either a new or additional bond with the same or other sureties in the same or a greater amount. U. S. v. Humason, (1879) 5 Sawy. (U. S.) 537.

An Indian agent is a person 66 charged or trusted" with the disbursement of public moneys within the language of the above section and may be required to give additional security. U. S. v. Humason, (1879) 5 Sawy. (U. S.) 537.

Sec. 2076. [Compensation prescribed to be in full.] The several compensations prescribed by this Title shall be in full of all emoluments or allowances whatsoever. But where necessary, a reasonable allowance or provision may be made for offices and office contingencies. [R. S.]

Act of June 30, 1834, ch. 162, 4 Stat. L. 737. As to "this Title" to which the section refers, see note to R. S. sec. 2074, supra.

Compensation of interpreters. - In U. S. v. Mitchell, (1883) 109 U. S. 146, it was held that, in the case of interpreters, Congress had evinced the purpose of superseding this sec

tion and R. S. sec. 2074, by passing subsequent acts appropriating a smaller sum than the one fixed as the salary of an interpreter and placing a further fund at the disposal of the secretary of the interior from which, at his discretion, additional emoluments and allowances might be given to the interpreters.

Sec. 2077. [Allowance for traveling expenses.] Where persons are required, in the performance of their duties, under this Title, to travel from one place to another, their actual expenses, or a reasonable sum in lieu thereof, may be allowed them, except that no allowance shall be made to any person for travel or expenses in coming to the seat of Government to settle his accounts, unless thereto required by the Secretary of the Interior. [R. S.]

Act of June 30, 1834, ch. 162, 4 Stat. L. 737. Board while actually in transit. - Under this section and the next paragraph in the text a special agent employed in inspecting various Indian agencies may be allowed his

board while actually in transit from one station to another, but not his living expenses while inspecting any particular station. U. S. v. Smith, (1888) 35 Fed. Rep. 490.

* *

That here

[Only actual travelling expenses allowed.] * after only actual travelling-expenses shall be allowed to any person holding employment or appointment under the United States, except * -X- * ; and all allowances for mileage 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. [18 Stat. L. 452.]

This is from the Act of March 3, 1875, ch. 133, making appropriations for the support of the army for the next fiscal year. The part omitted after the word "except" does not relate to persons employed or appointed in the Indian service; and exceptions which have been made by subsequent amendments do not relate to such persons.

Sec. 2078. [Persons employed in Indian affairs not to trade with the Indians.] No person employed in Indian affairs shall have any interest or concern in any trade with the Indians, except for, and on account of, the United States; and any person offending herein, shall be liable to a penalty of five thousand dollars, and shall be removed from his office. [R. S.]

Act of June 30, 1834, ch. 162, 4 Stat. L. 738.

SEC. 10. [Employees, etc., of United States not to be interested in Indian contracts, etc.] That no agent or employee of the United States Government, or of any of the Departments thereof, while in the service. of the Government, shall have any interest, directly or indirectly, contingent or absolute, near or remote, in any contract made, or under negotiation, with the Government, or with the Indians, for the purchase or transportation or delivery of goods or supplies for the Indians, or for the removal of the Indians; nor shall any such agent or employee collude with any person who may attempt to obtain any such contract for the purpose of enabling such person to obtain the same. The violation of any of the provisions of this section shall be a misdemeanor, and shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars, and by removal from office; and, in addition thereto, the court shall, in its discretion, have the power to punish by imprisonment of not more than six months. [18 Stat. L. 177.]

This section is from the Act of June 22, 1874, ch. 389, making appropriations for current and contingent expenses of the Indian Department for the next fiscal year.

SEC. 8. [Officers and others presenting false vouchers to forfeit all claims, etc.] That any disbursing or other officer of the United States, or other person who shall knowingly present, or cause to be presented, any voucher, account, or claim to any officer of the United States, for approval or payment, or for the purpose of securing a credit in any account with the United States, relating to any matter pertaining to the Indian service, which shall contain any material misrepresentation of fact in regard to the amount due or paid, the name or character of the article furnished or received, or of the service rendered, or to the date of purchase, delivery, or performance of service, or in any other particular, shall not be entitled to payment or credit for any part of said voucher, account, or claim; and if any such credit shall be given or received, or payment made, the United States may recharge the same to the officer or person receiving the credit or payment, and recover the amount from either or from both, in the same manner as other debts due the United States are collected:

[Not to apply to other vouchers.] Provided, That where an account contains more than one voucher the foregoing shall apply only to such vouchers as contain the misrepresentation:

[Presumed to know facts.] And provided further, That the officers and persons by and between whom the business is transacted shall, in all civil actions. in settlement of accounts, be presumed to know the facts in relation to the matter set forth in the voucher, account, or claim:

[To be in addition to penalties, etc. to be printed on vouchers.] And provided further, That the foregoing shall be in addition to the penalties now prescribed by law, and in no way affect proceedings under existing law for like offenses. That where practicable this section shall be printed on the blank forms of vouchers provided for general use. [23 Stat. L. 97.]