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[Leases of Indian lands of disabled allottee.] That whenever it shall be made to appear to the Secretary of the Interior that, by reason of age, disability, or inability, any allottee of Indian lands can not personally, and with benefit to himself, occupy or improve his allotment or any part thereof, the same may be leased upon such terms, regulations, and conditions as shall be prescribed by the Secretary for a term not exceeding five years, for farming purposes only. [31 Stat. L. 229.]

This is from the Indian Appropriation Act three years for farming or grazing purposes, of May 31, 1900, ch. 598.

or five years for mining or business purposes.' Similar provisions in somewhat different The same provision, without the word ** hereform occur in prior appropriation acts. Thus, after," and with the term of the authorized the Indian Appropriation Act of June 9, 1897, lease limited to “not exceeding five years for ch. 3, 30 Stat. L. 85, provided as follows: farming or grazing purposes, or ten years for " That hereafter whenever it shall be made to mining or business purposes," appears in the appear to the Secretary of the Interior that Indian Appropriation Acts of March 2, 1895, by reason of age or disability any allottee of ch. 188, 28 Stat. L. 900, and of Aug. 15, 1894, Indian lands under this or former Acts of ch. 290, 28 Stat. L. 305, the last-mentioned Congress can not personally and with benefit Act containing the proviso: “ That the surto himself occupy or improve his allotment plus lands of any tribe may be leased for or any part thereof the same may be leased, farning purposes by the council of such tribe in the discretion of the Secretary, upon such under the same rules and regulations and for terms, regulations, and conditions as shall be the same term of years as is now allowed in prescribed by him, for a term not exceeding the case of leases for grazing purposes."

[Certain leases authorized.] That the Indians to whom lands have been allotted on the Yakima Reservation in the State of Washington shall be permitted to lease unimproved allotted lands, for agricultural purposes, for any term not exceeding ten years upon such terms and conditions as may be prescribed by the Secretary of the Interior. [31 Stat. L. 246.]

This is part of section 2 of the Indian Appropriation Act of May 31, 1900,

ch. 598.

[Sec. 1.] [Claimants of allotment may sue in circuit courts, etc.] That all persons who are in whole or in part of Indian blood or descent who are entitled to an allotment of land under any law of Congress, or who claim to be so entitled to land under any allotment Act or under any grant made by Congress, or who claim to have been unlawfully denied or excluded from any allotment or any parcel of land to which they claim to be lawfully entitled by virtue of any Act of Congress, may commence and prosecute or defend any action, suit, or proceeding in relation to their right thereto in the proper circuit court of the United States; and said circuit courts are hereby given jurisdiction to try and determine any action, suit, or proceeding arising within their respective jurisdictions involving the right of any person, in.whole or in part of Indian blood or descent, to any allotment of land under any law or treaty (and in said suit the parties thereto shall be the claimant as plaintiff and the United States as party defendant); and the judgment or decree of any such court in favor of any claimant to an allotment of land shall have the same effect, when properly certified to the Secretary of the Interior, as if such allotment had been allowed and approved by him, but this provision shall not apply to any lands now held by either of the Five Civilized Tribes, nor to any of the lands within the Quapaw Indian Agency: Provided, That the right of appeal shall be allowed to either party as in other cases. [31 Stat. L. 760.] See note to the next section.

to confer upon the Circuit Court jurisdiction Reviewing act of secretary of interior. to hear and determine the complaint of any The language of this statute is broad enough

in whole or in part of Indian

person who is

blood,” who claims “ to have been unlawfully United States bound by decree. — " The denied or excluded from any allotment or any provision in the statute that the decree of the parcel of land” to which such person claims court in an action like this shall have the * to be lawfully entitled by virtue of any Act same effect as an allotment made by the secof Congress," and the action of the secretary retary of the interior gives to the successful of the interior in making the allotment of party the right to a patent for the land althe land in controversy was not final and was lotted to him by the decree, and is in effect a subject to review in the courts. Hy-yu-tse consent upon the part of the United States mil-kin v. Smith, (C. C. A. 1902) 119 Fed. Rep. to be bound by such decree and to issue its 116. See also Sloan 1. U. S., (1902) 118 Fed. patent in accordance therewith.” Hy-yu-tseRep. 283; Sloan v. U. S., (1899) 95 Fed. Rep. mil-kin v. Smith, (C. C. A. 1902) 119 Fed. Rep. 193.

116.

SEC. 2. [Service of petition district attorney to represent Government failure to plead claim to be established by proof.] That the plaintiff shall cause a copy of his petition filed under the preceding section to be served upon the district attorney of the United States in the district wherein suit is brought, and shall mail a copy of same, by registered letter, to the Attorney-General of the United States, and shall thereupon cause to be filed with the clerk of the court wherein suit is instituted an affidavit of such service and the mailing of such letter. It shall be the duty of the district attorney upon whom service of petition is made as aforesaid to appear and defend the interests of the Government in the suit, and within sixty days after the service of petition upon him, unless the time should be extended by order of the court made in the case to file a plea, answer, or demurrer on the part of the Government, and to file a notice of any counterclaim, set-off, claim for damages, or other demand or defense whatsoever of the Government in the premises: Provided, That should the district attorney neglect or refuse to file the plea, answer, demurrer, or defense, as required, the plaintiff may proceed with the case under such rules as the court may adopt in the premises; but the plaintiff shall not have judgment or decree for his claim, or any part thereof, unless he shall establish the same by proof satisfactory to the court. [31 Stat. L. 760.]

The foregoing two sections constitute the prosecute or defend any action, suit, or proAct of Feb. 6, 1901, ch. 217, amending the ceeding in relation to their right thereto, in Act of Aug. 15, 1894, ch. 290.

Said sec

the proper circuit court of the United States. tions are preceded by the following clause: And said circuit courts are hereby given juris" That that portion of the Act of August diction to try and determine any action, suit, fifteenth, eighteen hundred and ninety-four, or proceeding arising within their respective found on page three hundred and five of jurisdictions, involving the right of any perTwenty-eighth Statutes at Large, be amended son, in whole or in part of Indian blood or so as to read as follows." The portion of descent, to any allotment of land under any the Act of Aug. 15, 1894, thus amended -- an law or treaty. And the judgment or decree Indian Appropriation Act -- read as follows: of any such court in favor of any claimant

" That all persons who are in whole or in to an allotment of land shall have the same part of Indian blood or descent who are en effect, when properly certified to the Secretitled to an allotment of land under any law tary of the Interior, as if such allotment had of Congress, or who claim to be so entitled to been allowed and approved by him; but this land under any allotment Act or under any provision shall not apply to any lands now grant made by Congress, or who claim to held by either of the Five Civilized Tribes nor have been unlawfully denied or excluded from to any of the lands within the Quapaw Inany allotment or any parcel of land to which dian Agency: Prorided, That the right of they claim to be lawfully entitled by virtue a real s'all be allowed to either party as in of any Act of Congress, may commence and other cases."

An Act Providing that the statute of limitations of the several States shall apply as a defense

to actions brought in the United States courts for the recovery of lands patented in severalty to members of any tribe of Indians under any treaty between it and the United States of America.

[Act of May 31, 1902, ch. 946, 32 Stat. L. 284.]

[Sec. 1.] [State statutes of limitation applicable to actions for lands patented in severalty.] That in all actions brought in any State court or United

States court by any patentee, his heirs, grantees, or any person claiming under such patentee, for the possession or rents or profits of lands patented in severalty to the members of any tribe of Indians under any treaty between it and the United States of America, where a deed has been approved by the Secretary of the Interior to the land sought to be recovered, the statutes of limitations of the States in which said land is situate shall be held to apply, and it shall be a complete defense to such action that the same has not been brought within the time prescribed by the statutes of said State the same as if such action had been brought for the recovery of land patented to others than members of any tribe of Indians. [32 Stat. L. 284.]

SEC. 2. [Suits reserved from operation of this act.] That this Act shall not apply to any suits brought within one year from and after its passage. [32 Stat. L. 284.]

SEC. 9. [Siletz Reserration, Oregon - patents to Indians for more than eighty acres of land authorized, etc.] That section five of “An Act to provide for the allotment of lands in severalty to Indians on the various reservations, and to extend the protection of the laws of the United States and the Territories over the Indians, and for other purposes," approved February eighth, eighteen hundred and eighty-seven, be amended by adding thereto the following proviso: Provided further, That whenever the Secretary of the Interior shall be satisfied that any of the Indians of the Siletz Indian Reservation, in the State of Oregon, fully capable of managing their own business affairs, and being of the age of twenty-one years or upward, shall, through inheritance or otherwise, become the owner of more than eighty acres of land upon said reservation, he shall cause patents to be issued to such Indian or Indians for all of such lands over and above the eighty acres thereof. Said patent or patents shall be issued for the least valuable portions of said lands, and the same shall be discharged of any trust and free of all charge, incumbrance, or restriction whatsoever; and the Secretary of the Interior is hereby authorized and directed to ascertain, as soon as shall be practicable, whether any of said Indians of the Siletz Reservation should receive patents conveying in fee lands to them under the provisions of this Act.” [31 Stat. L. 1085.]

The above section is from the Indian Appropriation Act of March 3, 1901, ch. 832. Section 5 of the Act of Feb. 8, 1887, which it amends, is set forth supra, p. 496.

SEC. 7. [Sale by heirs of allotted lands.] That the adult heirs of any deceased Indian to whom a trust or other patent containing restrictions upon alienation has been or shall be issued for lands allotted to him may sell and convey the lands inherited from such decedent, but in case of minor heirs their interests shall be sold only by a guardian duly appointed by the proper court upon the order of such court, made upon petition filed by the guardian, but all such conveyances shall be subject to the approval of the Secretary of the Interior, and when so approved shall convey a full title to the purchaser, the same as if a final patent without restriction upon the alienation had been issued to the allottee. All allotted land so alienated by the heirs of an Indian allottee and all land so patented to a white allottee shall thereupon be subject to taxation under the laws of the State or Territory where the same is situate: Provided, That the sale herein provided for shall not apply to the homestead during the

life of the father, mother or the minority of any child or children. [32 Stat. L. 275.]

This section is from the Indian Appropria L. 742, provided that said Act “shall take tion Act of May 27, 1902, ch. 888, the rest effect from and after July first, nineteen hunof which is set forth supra, pp. 342, 347, 485 et dred and two, except as otherwise specially seq., and infra, p. 508.

provided therein.” Resolution No. 24, May 27, 1902, 32 Stat.

[VIII. INSTRUCTION OF INDIANS.]

Sec. 2071. [President may employ instructors for Indians.] The President may, in every case where he shall judge improvement in the habits and condition of such Indians practicable, and that the means of instruction can be introduced with their own consent, employ capable persons of good moral character to instruct them in the mode of agriculture suited to their situation; and for teaching their children in reading, writing, and arithmetic, and performing such other duties as may be enjoined according to such instructions and rules as the President may give and prescribe for the regulation of their conduct, in the discharge of their duties. A report of the proceedings adopted in the execution of this provision shall be annually laid before Congress. [R. S.]

Act of March 3, 1819, ch. 85, 3 Stat. L. 516. Purpose of Act of 1819. - “ This Act

Compulsory attendance at school. — This avowedly contemplates the preservation of section, considered in connection with the the Indian nations as an object sought by the treaty with the Blackfeet tribe, has been held United States, and proposes to effect this to give the United States no right to the pos object by civilizing and converting them from session, custody, and care of the children of hunters into agriculturists.". such tribe nor the power to compel such chil. Georgia, (1832) 6 Pet. (U. S.) 557, per Mardren to attend school. U. S. v. Imoda, (1881) shall, C. J. 4 Mont. 38.

Worcester U.

Sec. 2072. [When tribes may direct the employment of blacksmiths, etc.] Where any of the tribes are, in the opinion of the Secretary of the Interior, competent to direct the employment of their blacksmiths, mechanics, teachers, farmers, or other persons engaged for them, the direction of such persons may be given to the proper authority of the tribe. [R. S.]

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

Sec. 7. [Detail of Army officer for Indian education.] That the Secretary of War shall be authorized to detail an officer of the Army, not above the rank of captain, for special duty with reference to Indian education. [21 Stat. L. 35.]

This section 7 is from the Indian Appropriation Act of June 23, 1879, ch. 35. See also the next paragraph of the text.

[Barracks may be set aside by Secretary of War for Indian training-schools

money appropriated for education among Indians may be expended there.] That the Secretary of War be, and he is hereby, authorized to set aside, for use in the establishment of normal and industrial training-schools for Indian youth from the nomadic tribes having educational treaty claims upon the United States, any vacant posts or barracks, so long as they may not be required for military occupation, and to detail one or more officers of the Army for duty in connection with Indian education, under the direction of the Secretary of the Interior, at

each such school so established: Provided, That moneys appropriated or to be appropriated for general purposes of education among the Indians may be expended, under the direction of the Secretary of the Interior, for the education of Indian youth at such posts, institutions, and schools as he may consider advantageous, or as Congress from time to time may authorize and provide. [22 Stat. L. 181.]

This is the Act of July 31, 1882, ch. 363, of the text that a detailed officer shall not be entitled, “An act to provide additional in above the rank of captain would seem to dustrial training-schools for Indian youth, qualify the above provision also. See as to and authorizing the use of unoccupied mili construction of statutes in pari materia, tary barracks for such purposes."

article on STATUTES AND STATUTORY CONThe provision in the preceding paragraph STRUCTION, vol. 1, p. xliv et seq.

[Government to make provision for Government Indian schools.] And the Government shall, as early as practicable, make provision for the education of Indian children in Government schools: 28 Stat. L. 904.]

This is from the Indian Appropriation Act of the amount so used for the fiscal year of March 2, 1895, ch. 188. The context of the eighteen hundred and ninety-five, and the provision is shown in the following para Government shall, as early as practicable, graph from which it was taken:

make provision for the education of Indian " That the Secretary of the Interior shall children in Government schools: Provided, make contracts, but only with present con That the foregoing shall not apply to public tract schools, for the education of Indian schools of any State, Territory, county, or pupils during the fiscal year ending June city, or to schools herein or hereafter specificthirtieth, eighteen hundred and ninety-six, to ally provided for.an extent not exceeding eighty per centum

as may

Sec. 10. [Superintendent of Indian schools to be appointed - his duties.] That there shall be appointed by the President, by and with the advice and consent of the Senate, a person of knowledge and experience in the management, training, and practical education of children, to be Superintendent of Indian Schools, whose duty it shall be to visit and inspect the schools in which Indians are taught in whole or in part from appropriations from the United States Treasury, and report to the Commissioner of Indian Affairs what, in his judgment, are the defects, if any, in any of them, in system, in administration, or in means for the most effective advancement of the pupils therein toward civilization and self-support, and what changes are needed to remedy such defects as may exist, and to perform such other duties in connection with Indian schools be prescribed by the Secretary of the Interior.

[25 Stato L. 1003.]

This section is from the Indian Appropria intendent of Indian schools, who shall, from tion Act of March 2, 1889, ch. 412.

time to time, and as often as the nature of Salary of superintendent. - The Act above his duties will permit, visit the schools where cited fixed no salary for the office of super Indians are taught, in whole or in part, by intendent, but in subsequent Indian appro appropriations from the United States Treaspriation acts the annual appropriation was ury, and shall, from time to time, report to at first $3,000, then $4,000, and now for sev the Secretary of the Interior, what, in his eral years it has been $3,000.

judgment, are the defects, if any, in any of Prior Act repealed. - The concluding part them in system, in administration, or in of the section given in the text expressly re means for the most effective advancement of pealed section 8 of the Act of June 29, 1888, the children in them toward civilization and ch. 503, 25 Stat. L. 238, which read as follows: self-support; and what changes are needed “ That there shall be appointed by the Presi to remedy such defects as may exist; and dent, by and with the advice and consent of shall, subject to the approval of the Secretary the Senate, a person of knowledge and ex of the Interior, employ and discharge superperience in the management, training, and intendents, teachers, and any other person practical education of children, to be super connected with schools wholly supported by

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