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, entitled, "An act to provide additional industrial training-schools for Indian youth, and authorizing the use of unoccupied military barracks for such purposes." The provision in the preceding paragraph of the text that a detailed officer shall not be above the rank of captain would seem to qualify the above provision also. See as to construction of statutes in pari materia, article on STATUTES AND STATUTORY CONSTRUCTION, 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: This is from the Indian Appropriation Act of March 2, 1895, ch. 188. The context of the provision is shown in the following paragraph from which it was taken: "That the Secretary of the Interior shall make contracts, but only with present contract schools, for the education of Indian pupils during the fiscal year ending June thirtieth, eighteen hundred and ninety-six, to an extent not exceeding eighty per centum 28 Stat. L. 904.] of the amount so used for the fiscal year eighteen hundred and ninety-five, and the Government shall, as early as practicable, make provision for the education of Indian children in Government schools: Provided, That the foregoing shall not apply to public schools of any State, Territory, county, or city, or to schools herein or hereafter specifically provided for." 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 as may be prescribed by the Secretary of the Interior. [25 Stat. L. 1003.] * * * intendent of Indian schools, who shall, from time to time, and as often as the nature of his duties will permit, visit the schools where Indians are taught, in whole or in part, by appropriations from the United States Treasury, and shall, from time to time, report to the Secretary of the Interior, 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 children in them toward civilization and self-support; and what changes are needed to remedy such defects as may exist; and shall, subject to the approval of the Secretary of the Interior, employ and discharge superintendents, teachers, and any other person connected with schools wholly supported by the Government, and with like approval make such rules and regulations for the conduct of such schools as in his judgment their good may require. The Secretary of the Interior shall cause to be detailed from the employees of his Department such assistants and shall furnish such facilities as shall be necessary to carry out the foregoing provisions respecting said Indian schools." Superintendents of schools may act as Indian agents by order of the commissioner of Indian affairs with the approval of the secretary of the interior. See Act of May 27, 1902, ch. 888, set forth supra, p. 347. Not to affect existing appointments. - This section had no effect on existing appointments, and the incumbents of the various positions connected with the Indian schools, supported and controlled by the government, were lawfully in the public service after the Act of June 29, 1888, became operative, without an order of the secretary of the interior of that date, and such incumbents having rendered service since the beginning of the current fiscal year should be paid accordingly. (1889) 19 Op. Atty.-Gen. 252. * * [Traveling expenses and additional duties of superintendent of Indian schools.] For necessary traveling expenses of one superintendent of Indian schools, including telegraphing and incidental expenses of inspection and investigation, Provided, That he shall be allowed three dollars per day for traveling expenses when actually on duty in the field, exclusive of cost of transportation and sleeping-car fare, in lieu of all other expenses now allowed by law: And provided further, That he shall perform such other duties as may be imposed upon him by the Commissioner of Indian Affairs, subject to the approval of the Secretary of the Interior. This is from the Indian Appropriation Act of May 27, 1902, ch. 888. Provisions similar to and generally identical with those in the text appear in previous appropriation acts. See 31 Stat. L. 223, 1060; 30 Stat. L. 65, 574, [32 Stat. L. 247.] 926; 29 Stat. L. 323; 28 Stat. L. 288, 878; 27 [Rules to secure attendance at schools.] That hereafter the Commissioner of Indian Affairs, subject to the direction of the Secretary of the Interior, is hereby authorized and directed to make and enforce by proper means such rules and regulations as will secure the attendance of Indian children of suitable age and health at schools established and maintained for their benefit. L. 143.] This is from the Indian Appropriation Act of July 13, 1892, ch. 164. The same provision without the word "hereafter " appears in the Indian Appropriation Act of March 3, 1891, ch. 543, 26 Stat. [27 Stat. L. 1014. The introduction of the "hereafter " in the provision given in the text determines its character as general and permanent legislation. Compilers' note, 2 Supp. R. S. 33. [Rations, etc., may be withheld for nonattendance at school - subsistence withheld to be credited to tribe.] The Secretary of the Interior may in his discretion, establish such regulations as will prevent the issuing of rations or the furnishing of subsistence either in money or in kind to the head of any Indian family for [or] on account of any Indian child or children between the ages of eight and twenty-one years who shall not have attended school during the preceding year in accordance with such regulations. This provision shall not apply to reservations or part of reservations where sufficient school facilities have not been furnished nor until full notice of such regulations shall have been given to the Indians to be affected thereby. The amount and value of subsistence so withheld shall be credited to the tribe or tribes from whom the same is withheld, to be issued and paid when in the judgment of the Secretary of the Interior * * * they shall have fully complied with such regulations. Hereafter the Secretary of the Interior may in his discretion withhold rations, clothing and other annuities from Indian parents or guardians who refuse or neglect to send and keep their children of proper school age in some school a reasonable portion of each year. [27 Stat. L. 628, 635.] This is from the Indian Appropriation Act of March 3, 1893, ch. 209. As to the effect of the word "hereafter" in the provision in the text following the asterisks, see note to the Act of July 13, 1892, given in the last preceding paragraph of the text. Attendance of children at schools not within the limits of the reservation cannot be compelled under this section construed in connection with the Act of March 2, 1895, ch. 188. In re Lelah-puc-ka-chee, 98 Fed. Rep. 429. [Equal education to those taking lands in severalty.] That hereafter in the expenditure of money appropriated for any of the purposes of education of Indian children, those children of Indians who have taken or may hereafter take lands in severalty under any existing law shall not, by reason thereof, be excluded from the benefits of such appropriation. [28 Stat. L. 311.] [Consent of parent to send child out of State, etc.] That hereafter no Indian child shall be sent from any Indian reservation to a school beyond the State or Territory in which said reservation is situated without the voluntary consent of the father or mother of such child if either of them are living, and if neither of them are living without the voluntary consent of the next of kin of such child. Such consent shall be made before the agent of the reservation, and he shall send to the Commissioner of Indian Affairs his certificate that such consent has been voluntarily given before such child shall be removed from such reservation. And it shall be unlawful for any Indian agent or other employee of the Government to induce, or seek to induce, by withholding rations or by other improper means, the parents or next of kin of any Indian to consent to the removal of any Indian child beyond the limits of any reservation. [28 Stat. L. 906.] This is from the Indian Appropriation Act of March 2, 1895, ch. 188. See further provision in the next paragraph of the text. The same provision without the word "hereafter" appears in the Indian Appropriation Act of Aug. 15, 1894, ch. 290, sec. 11, 28 Stat. L. 313. The addition of the word "hereafter" indicates an intention to make the provision permanent. Compilers' note, 2 Supp. R. S. 428. "The agent and school superintendent at the Tama county reservation cannot by force or compulsion take the Indian children from the reservation proper and keep them at the Indian training school, without the consent of the parents or those who may stand in that relation to them." In re Lelah-puc-kachee, 98 Fed. Rep. 429. [Written consent of parent to take pupil to another State.] That hereafter no Indian child shall be taken from any school in any State or Territory to a school in any other State against its will or without the written consent of its parents. [29 Stat. L. 348.] This is from the Indian Appropriation Act of June 10, 1896, ch. 398. As to the effect of the word "hereafter," see the note to the preceding paragraph of the text. SEC. 10. [Bible may be taught in Indian language.] That at day or industrial schools sustained wholly or in part by appropriations contained in this act, and at which schools church organizations are assisting in the educational work, the christian bible may be taught in the native language of the Indians, if in the judgment of the persons in charge of the schools it may be deemed conducive to the moral welfare and instruction of the pupils in such schools. [25 Stat. L. 239.] This section is from the Indian Appropriation Act of June 29, 1888, ch. 503. The nature and effect of alcoholic drinks and narcotics are to be taught in all Indian schools in the territories of the United States. See Act of May 20, 1886, ch. 362, set forth in EDUCATION, vol. 2, p. 861. [No appropriation hereafter for sectarian schools.] And it is hereby declared to be the settled policy of the Government to hereafter make no appropriation. whatever for education in any sectarian school: [30 Stat. L. 79.] This is from the Indian Appropriation Act of June 7, 1897, ch. 3. The same provision appears in the Indian Appropriation Act of June 10, 1896, ch. 398, 29 Stat. L. 345. [Indians to be employed as assistant matrons, farmers, etc.] That hereafter the Commissioner of Indian Affairs shall employ Indian girls as assistant matrons and Indian boys as farmers and industrial teachers in all Indian schools when it is practicable to do so. [30 Stat. L. 83.] This is from the Indian Appropriation Act of June 7, 1897, ch. 3. The same provision without the word "hereafter" appears in Indian Appropriation Acts of March 2, 1895, ch. 188, 28 Stat. L. 906, and June 10, 1896, ch. 398, 29 Stat. L. 348. The use of the word "hereafter" indicates a purpose to make the provision permanent. Compilers' note, 2 Supp. R. S. 629. See also article on STATUTES AND STATUTORY CONSTRUCTION, vol. 1, p. xvi. Similar provisions as to giving preference in the appointment of Indians are contained in R. S. sec. 2069, supra, p. 352; Act of March 3, 1875, ch. 132, sec. 5, 18 Stat. L. 449; Act of May 17, 1882, ch. 163, sec. 6, 22 Stat. L. 88. [Admission to Indian school at Genoa, Nebraska.] industrial school for Indians at Genoa, Nebraska. * * * And pupils from any Indian tribes, except the five civilized tribes in the Indian Territory, may be admitted to this school. [23 Stat. L. 382.] This is from the Indian Appropriation Act of March 3, 1885, ch. 341, in connection with an appropriation for support of Indian pupils at the school mentioned. * * * [Qualification for admission to Indian school at Carlisle, Penn.] Indian industrial school at Carlisle, Pennsylvania, That no more Indian children shall enter and be educated and supported at said school who have not attended some other school for a period of at least three years. [27 Stat. L. 635.] This is from the Indian Appropriation Act of March 3, 1893, ch. 209. The same provision appears in the Indian Appropriation Act of July 13, 1892, ch. 164, SEC. 8. [Commissioner of Indian Affairs to report number of employees at schools, etc.] That the Commissioner of Indian Affairs shall report annually to Congress, specifically showing the number of employees at each agency, industrial and boarding school, which are supported in whole or in part out of the appropriations in this Act, giving name, when employed, in what capacity employed, male or female, whether white or Indian, amount of compensation paid, and out of what item or fund of the appropriation paid, and whether, in the opinion of such Commissioner, any of such employees are unnecessary. [31 Stat. L. 1085.] This section is from the Indian Appropriation Act of March 3, 1901, ch. 832. Similar provisions are made in previous Indian appropriation acts. See 27 Stat. L. 145, 640; 28 Stat. L. 313, 908; 29 Stat. L. 349; 30 Stat. L. 92, 596. 66 "This section directs the Commissioner to report' annually,' this indicating a permanent provision; but the report is to be of schools supported out of the appropriations in this Act,' apparently indicating a temporary provision for the single year." Compilers' note to the same provision in 28 Stat. L. 313, above cited, 2 Supp. R. S. 247. SEC. 9. [Indian agents to submit census in annual reports.] That hereafter each Indian agent be required, in his annual report, to submit a census of the Indians at his agency or upon the reservation under his charge, the number of males above eighteen years of age, the number of females above fourteen years of age, the number of school children between the ages of six and sixteen years, the number of school-houses at his agency, the number of schools in operation and the attendance at each, and the names of teachers employed and salaries paid such teachers. [23 Stat. L. 98.] This section 9 is from the Indian Appropriation Act of July 4, 1884, ch. 180. [Practical farmers and stockmen to be engaged qualifications.] To enable the Secretary of the Interior to employ practical farmers and practical stockmen in addition to the agency farmers now employed, at wages not exceeding sixtyfive dollars each per month, to superintend and direct farming and stock raising among such Indians as are making effort for self-support, sixty-five thousand dollars: Provided, That no person shall be employed as such farmer or stockman who has not been at least two years immediately previous to such employment practically engaged in the occupation of farming within the State or Territory, or adjoining State or Territory, where such agency is located, and where practicable competent Indians shall be given the preference. [30 Stat. L. 927.] This is from section 1 of the Indian Ap- priation acts. See 27 Stat. L. 632; 28 Stat. propriation Act of March 1, 1899, ch. 324. L. 305, 879; 29 Stat. L. 324; 30 Stat. L. 65, The same provision occurs in previous appro574. [IX. MISCELLANEOUS ACTS RELATING TO INDIANS.] An Act To provide for the acquiring of rights of way by railroad companies through Indian reservations, Indian lands, and Indian allotments, and for other purposes. [Act of March 2, 1899, ch. 374, 30 Stat. L. 990.] [SEC. 1.] [Rights of way by railway, etc., through Indian reservation, etc.] That a right of way for a railway, telegraph and telephone line through any |