Sec. 2089. [Mode of disbursements.] At the discretion of the President all disbursements of moneys, whether for annuities or otherwise, to fulfill treaty stipulations with individual Indians or Indian tribes, shall be made in person by the superintendents of Indian affairs, where superintendencies exist, to all Indians or tribes within the limits of their respective superintendencies, in the presence of the local agents and interpreters, who shall witness the same, under such regulations as the Secretary of the Interior may direct. [R. S.] Act of March 3, 1857, ch. 90, 11 Stat. L. 169. See the note to R. S. sec. 2086, supra, p. 359, and the Act there referred to. Superintendencies have been discontinued. See note to R. S. secs. 2046-2051, supra, p. 343. Disbursements by Indian agents. It was held to be entirely discretionary with the President to require the superintendent to make the disbursement referred to in the above section, and that he might devolve such duty upon the Indian agents. (1875) 15 Op. Atty. Gen. 66. Sec. 2090. [Mode of distribution of goods.] Whenever goods and merchandise are delivered to the chiefs of a tribe, for the tribe, such goods and merchandise shall be turned over by the agent or superintendent of such tribe to the chiefs in bulk, and in the original package, as nearly as practicable, and in the presence of the head-men of the tribe, if practicable, to be distributed to the tribe by the chiefs in such manner as the chiefs may deem best, in the presence of the agent or superintendent. [R. S.] Act of April 10, 1869, ch. 16, 16 Stat. L. 39. Sec. 2091. [Annual accounts of disbursements, etc.] All persons whatsoever, charged or trusted with the disbursement or application of money, goods, or effects of any kind for the benefit of the Indians, shall settle their accounts, annually, at the Department of the Interior on the first day of October; and copies of the same shall be laid before Congress at the commencement of the ensuing session, by the proper accounting officers; together with a list of the names of all persons to whom money, goods, or effects have been delivered within the preceding year, for the benefit of the Indians, specifying the amount and object for which they were intended, and showing who are delinquents, if any, in forwarding their accounts according to the provisions of this section; and, also, with a list of the names of all persons appointed or employed under this Title, with the dates of their appointment or employment, and the salary and pay of each. [R. S.] Act of June 30, 1834, ch. 162, 4 Stat. L. 737. Secretary of interior to report expenditure of Indian appropriations. See provision from the Act of March 3, 1875, ch. 132, under ESTIMATES, APPROPRIATIONS, And Reports, vol. 2, p. 928. All disbursing officers are required to render accounts quarterly, by section 4 of the Act of Aug. 30, 1890, ch. 837, given under title PUBLIC MONEYS. Sec. 2092. [Restriction on advances to superintendents, agents, officers, etc.] No superintendent of Indian affairs, or Indian agent, or other disbursing officer in such service, shall have advanced to him, on Indian or public account, any money to be disbursed in future, until such superintendent, agent, or officer in such service has settled his accounts of the preceding year, and has satisfactorily shown that all balances in favor of the Government, which may appear to be in his hands, are ready to be paid over on the order of the Secretary of the Interior. [R. S.] Act of June 27, 1846, ch. 34, 9 Stat. L. 20. Sec. 2093. [Disposal of proceeds of sales of Indian lands.] All moneys received from the sales of lands that have been, or may be hereafter, ceded to the United States by Indian tribes, by treaties providing for the investment or payment to the Indians, parties thereto, of the proceeds of the lands ceded by them, respectively, after deducting the expenses of survey and sale, any sums stipulated to be advanced, and the expenses of fulfilling any engagements contained therein, shall be paid into the Treasury in the same manner that moneys received from the sales of public lands are paid into the Treasury. [R. S.] Act of Jan. 9, 1837, ch. 1, 5 Stat. L. 135. Creek Indian orphan fund. - A treaty with the Creek tribe of Indians, ceding all their lands east of the Mississippi to the United States, provided that twenty sections should be selected under the direction of the President for the orphan children of the Creeks, and divided, and retained or sold for their benefit, as the President might direct. The proceeds of the sale of these selected lands were properly paid into the treasury under the first section of the Act of Jan. 9, 1837, above cited, and were also liable to be drawn out for investment or payment, whenever the President should so direct, under the second section of the same law. (1837) 3 Op. Atty.Gen. 238. [Proceeds of timber, etc., from Indian reservations to be covered in, etc.] The proceeds of all pasturage and sales of timber, coal, or other product of any Indian reservation, except those of the five civilized tribes, and not the result of the labor of any member of such tribe, shall be covered into the Treasury for the benefit of such tribe under such regulations as the Secretary of the Interior shall prescribe; and the Secretary shall report his action in detail to Congress at its next session. [22 Stat. L. 590.] * * * This is from the Deficiencies Appropriation Act of March 3, 1883, ch. 141. [Secretary of Interior may use for Indians money covered into Treasury from sales of timber, etc.] That the. Secretary of the Interior is hereby authorized to use the money which has been or may hereafter be covered into the Treasury under the provisions of the act approved March third, eighteen hundred and eighty-three, and which is carried on the books of that Department under the caption of "Indian moneys, proceeds of labor," for the benefit of the several tribes on whose account said money was covered in, in such way and for such purposes as in his discretion he may think best, and shall make annually a detailed report thereof to Congress. [24 Stat. L. 463.] * * * This is from the Act of March 2, 1887, ch. 320, making appropriations for the current and contingent expenses of the Indian Department for the next fiscal year. The provisions of the Act of March 3, 1883, to which it refers, are set forth in the preceding paragraph of the text. Sec. 2094. [Appropriation of moneys to carry out Indian treaties.] All sums that are or may be required to be paid, and all moneys that are or may be required to be invested by the treaties mentioned in the preceding section, are appropriated in conformity to them, and shall be drawn from the Treasury as other public moneys are drawn therefrom, under such instructions as may from time to time be given by the President. [R. S.] Act of Jan. 9, 1837, ch. 1, 5 Stat. L. 135. Sec. 2095. [Investments of stock required by treaties.] All investments of stock, that are or may be required by treaties with the Indians, shall be made under the direction of the President; and special accounts of the funds under such treaties shall be kept at the Treasury, and statements thereof be annually laid before Congress. [R. S.] Act of Jan. 9, 1837, ch. 1, 5 Stat. L. 135. Sec. 2096. [Investment of proceeds of lands.] The Secretary of the Interior shall invest in a manner which shall be in his judgment most safe, and beneficial for the fund, all moneys that may be received under treaties containing stipulations for the payment to the Indians, annually, of interest upon the proceeds of the lands ceded by them; and he shall make no investment of such moneys, or of any portion, at a lower rate of interest than five per centum per annum. [R. S.] Act of Jan. 9, 1837, ch. 1, 5 Stat. L. 135. This section is affected by the acts following in the text. R. S. sec. 3659, title "Public Moneys," provides that "All funds held in trust by the United States, and the annual interest accruing thereon, when not otherwise required by treaty, shall be invested in stocks of the United States, bearing a rate of interest not less than five per centum per annum." An act transferring the custody of certain Indian trust-funds. [Treasurer to be custodian of Indian trust securities, collect interest Sale of past-due bonds. proposition made by a third person to purchase such bonds at their face value with accrued interest, provided the market value does not exceed the face value with accrued interest, and provided the acceptance will best subserve the interests of the trust. (1887) 18 Op. Atty.Gen. 581. An act to authorize the Secretary of the Interior to deposit certain funds in the [Act of April 1, 1880, ch. 41, 21 Stat. L. 70.] [Secretary of Interior may deposit Indian trust funds in Treasury; interest and permanent appropriation for same.] That the Secretary of the Interior be, and he is hereby, authorized to deposit, in the Treasury of the United States, any and all sums now held by him, or which may hereafter be received by him, as Secretary of the Interior and trustee of various Indian tribes, on account of the redemption of United States bonds or other stocks and securities belonging to the Indian trust-fund, and all sums received on account of sales of Indian trust lands, and the sales of stocks lately purchased for temporary investment, whenever he is of the opinion that the best interests of the Indians will be promoted by such deposits, in lieu of investments; and the United States shall pay interest semi-annually, from the date of deposit of any and all such sums in the United States Treasury, at the rate per annum stipulated by treaties or prescribed by law, and such payments shall be made in the usual manner, as each may become due, without further appropriation by Congress. [21 Stat. L. 70.] Agreement to deposit money at interest. An agreement made with certain Indians by duly appointed commissioners, whereby a portion of the purchase money of Indian lands was retained in trust and was to be placed in the treasury and interest paid thereon, was held to be in line with the provision in the text and the policy then adopted, and is valid and binding. (1893) 20 Op. Atty. Gen. 517. Interest payable only when provided for in treaty. See Blackfeather . U. S., (1893) 28 Ct. Cl. 447. Sale of bonds called for redemption. The secretary of the interior has the right to sell United States bonds held by him in trust for certain Indian tribes and called for redemption, in order that the fund may receive the benefit of the premium. (1881) 17 Op. Atty.-Gen. 104. SEC. 2. [Face value of certain nonpaying bonds to be credited to Indians — interest to be paid· -bonds to belong to United States.] That the Secretary of the Treasury is hereby authorized and directed to place upon the books of the Treasury to the credit of the several Indian tribes interested therein, the face value of certain nonpaying State bonds or stocks, including certain abstracted bonds described on pages one hundred and fifty-three and one hundred and fiftyfour of Annual Estimates for the fiscal year ending June thirtieth, eighteen hundred and ninety-five (House Executive Document Numbered five, Fiftythird Congress, second session), to draw interest at the rate of five per cent per annum, as provided by the Act of April one, eighteen hundred and eighty; and thereupon said State bonds or stocks shall become the property of the United States. [28 Stat. L. 311.] * * * This section 2 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. Sec. 2097. [Misapplication of funds belonging to the Indians prohibited.] No funds belonging to any Indian tribe with which treaty relations exist shall be applied in any manner not authorized by such treaty, or by express provisions of law; nor shall money appropriated to execute a treaty be transferred or applied to any other purpose, unless expressly authorized by law. [R. S.] Act of July 26, 1866, ch. 266, 14 Stat. L. 280. Intention of statute. This and the succeeding section show that the policy of the United States is to adhere sacredly to their treaty obligations with the Indian tribes, and to protect by legislation such tribes from the misapplication of their funds arising out of treaty stipulations. Leighton v. U. S., (1894) 29 Ct. Cl. 288. Court has no power to divert funds. — When Congress, by a special act, distributes part of a fund, appropriated for the benefit of an Indian tribe, among certain individuals named, and directs the balance to be paid to said tribe through an agent appointed by it under R. S. sec. 2086, the court is powerless and without jurisdiction to divert said fund from the persons in said act designated, or from the agent appointed to receive the same. Hanks v. Hendricks, (1900) 3 Indian Ter. 415. Sec. 2098. [Indian depredations, how paid.] No part of the moneys which may be appropriated in any general act or deficiency bill making appropriations for the current and contingent expenses incurred in Indian affairs, to pay annuities due to or to be used and expended for the care and benefit of any tribe or tribes of Indians, shall be applied to the payment of any claim for depredations that may have been or may be committed by such tribe or tribes, or any member or members thereof. No claims for Indian depredations shall be paid until Congress shall make special appropriation therefor. [R. S.] Act of July 15, 1870, ch. 296, 16 Stat. L. 360. Much, if not all, of this section is evidently superseded by the provisions of section 6 of the Indian Depredations Act of March 3, 1891, set forth in title CLAIMS, vol. 2, p. 99. This section was considered in Leighton v. U. S.. (1894) 29 Ct. Cl. 288; Indian Depredation Judgments, (1895) 21 Op. Atty.-Gen. 131. Sec. 2099. [Funds for education.] No moneys which may be appropriated for the purposes of education among the Indian tribes shall be expended for any such object elsewhere than in Indian country. But this provision shall not apply to appropriations the expenditure of which is authorized by treaty stipulations, to be made under the direction either of the President or of the Indian tribes, respectively. [R. S.] Act of July 29, 1848, ch. 118, 9 Stat. L. 264. the proviso in the Act of July 31, 1882, ch. 363, set forth infra, p. 507. Sec. 2100. [Annuities of Indians hostile to United States.] No moneys or annuities stipulated by any treaty with an Indian tribe for which appropriations are made shall be expended for, or paid, or delivered to any tribe which, since the next preceding payment under such treaty, has engaged in hostilities against the United States, or against its citizens peacefully or lawfully sojourning or traveling within its jurisdiction at the time of such hostilities; nor in such case shall such stipulated payments or deliveries be resumed until new appropriations shall have been made therefor by Congress. And the Commissioner of Indian Affairs shall report to Congress, at each session, any case of hostilities, by any tribe with which the United States has treaty stipulations, which has occurred since his next preceding report. [R. S.] Act of March 2, 1867, ch. 173, 14 Stat. L. 515. SEC. 2. [Appropriations for Indian service not to be paid to Indians at war with United States.] That none of the appropriations herein made, or of any appropriations made for the Indian service, shall be paid to any band of Indians or any portion of any band while at war with the United States or with the white citizens of any of the States or Territories. [18 Stat. L. 449.] This section 2 is from the Act of March 3, 1875, ch. 132, making appropriations for current and contingent expenses of the Indian department for the next fiscal year. Sec. 2101. [Goods withheld from chiefs who have violated treaty stipulations.] No delivery of goods or merchandise shall be made to the chiefs of any tribe, by authority of any treaty, if such chiefs have violated the stipulations contained in such treaty upon their part. [R. S.] Act of April 10, 1869, ch. 16, 16 Stat. L. 39. Sec. 2102. [Moneys due Indians holding American captives.] The Secretary of the Interior shall withhold from any tribe of Indians who may hold American captives, any moneys due them from the United States, until such |