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An act to legalize the deed and other records of the Office of Indian Affairs, and to provide and
authorize the use of a seal by said office.
[Act of July 26, 1892, ch. 256, 27 Stat. L. 272.]
Sec. 1. [Indian Office, recording of deeds, etc., legalized.] That the recording of all deeds and papers heretofore made and done in the office of the Commissioner of Indian Affairs be, and is hereby, confirmed, approved, and legalized; and said record heretofore made shall be deemed, taken, and held to be good and valid and shall have all the force and effect and be entitled to the same credit as if it had been made in pursuance of and in conformity to law. But shall have no effect whatever upon the validity or invalidity of the deed or paper so recorded, and shall be no evidence of constructive notice to any persons not actually knowing the contents. [27 Stat. L. 272.]
What deeds legalized by above Act. — The to are of the current correspondence of the deed records legalized by this Act begin in office, of treaties before ratification, of con1825. These deeds show the transfer of lands tracts made with special attorneys (R. S. granted to individual Indians under the sev- secs. 2103-2106), and of similar papers. Some eral treaties since 1817 whenever a restric- of these records run back to 1800 and a few tion was made that the lands should not be even prior to that date, when the office was sold without the consent of the President; under the war department, but it was not also the transfer of those lands allotted to until the year 1824 that a regular record of individual Indians, the patent for which con- all the correspondence of the office was intained a similar restrictive clause upon the augurated and kept up. Compilers' note, 2 sale of the land. The other records referred Supp. R. S. 51.
SEC. 2. [Records to be kept of all deeds by Indians requiring approval.] That the Commissioner of Indian Affairs is hereby empowered and directed to continue to make and keep a record of every deed executed by any Indian, his heirs, representatives, or assigns, which may require the approval of the President of the United States or of the Secretary of the Interior, whenever such approval shall have been given, and the deed so approved returned to said office. [27 Stat. L. 273.]
Sec. 3. [Seal for Indian Office --- copies, how certified.] That the Commissioner of Indian Affairs shall cause a seal to be made and provided for the said office, with such device as the President of the United States shall approve, and copies of any public documents, records, books, maps, or papers belonging to or on the files of said office, authenticated by the seal and certified by the Commissioner thereof, or by such officer as may, for the time being, be acting as or for such Commissioner, shall be evidence equally with the originals thereof. [27 Stat. L. 273.]
Copies of department records are made legal evidence by R. S. sec. 882, given ante, p. 26, title EVIDENCE.
Sec. 4. [Certified copies of records to be furnished — fees.] That the Commissioner of Indian Affairs shall have the custody of said seal, and shall furnish certified copies of any such records, books, maps, or papers belonging to or on the files of said office, to any person applying therefor who shall comply with the requirements of said office, upon the payment by such parties at the rate of ten cents per hundred words, and one dollar for copies of maps or plats, and the additional sum of twenty-five cents for the Commissioner's certificate of verification, with the seal of said office;
[Receiving clerk — bond, etc.) and one of the employés of said office shall be designated by the Commissioner as the receiving clerk, who shall give bond in the sum of one thousand dollars,
[Fees to be paid into Treasury none for copies for official use, or for poor Indians, or for unverified copies.] and the amounts so received shall, under the direction of the Commissioner, be paid into the Treasury of the United States; but fees shall not be demanded for such authenticated copies as may be required by the officers of any branch of the Government or by any Indian who shall satisfy the Commissioner by satisfactory legal evidence that he or she is not able, by reason of poverty, to pay such fees, nor for such unverified copies as the Commissioner in his discretion may deem proper to furnish. [27 Stat. L. 273.]
Sec. 464. [Accounts for claims and disbursements.] All accounts and vouchers for claims and disbursements connected with Indian affairs shall be transmitted to the Commissioner for administrative examination, and by him passed to the proper accounting officer of the Department of the Treasury for settlement. [R. S.]
Act of July 9, 1832, ch. 174, 4 Stat. L. 564. Claim for damages for breach of contract.
The accounts of a special receiver and - Under a similar provision in the Act of superintendent appointed to assist the special 1832, above cited, the attorney-general held commissioner in disposing of lands ceded by that the commissioner had no jurisdiction of the Indians to the United States in trust, to a claim for damages for breach of a contract survey, manage, and sell the same, relate to with the government to emigrate Indians, and are connected with Indian affairs and occasioned by the interference of the officers must be transmitted to the commissioner of of the government in such emigration. (1847) Indian affairs for examination. U. S. v. 4 Op. Atty.-Gen. 626. Brindle, (1884) 110 U. S. 688.
Sec. 7. [Statutes, etc., to be furnished to agents, etc., by Commissioner.] That it shall be the duty of the Commissioner of Indian Affairs to cause to be compiled and printed for the use of Indian Agents and inspectors the provisions of the statutes regulating the performance of their respective duties, and also to furnish said officers from time to time information of new enactments upon the same subject.
[22 Stat. L. 88.]
The above section 7 is from the Indian Appropriation Act of May 17, 1882, ch. 163.
Sec. 465. (Regulations relating to Indian affairs. ] The President may prescribe such regulations as he may think fit for carrying into effect the various provisions of any act relating to Indian affairs, and for the settlement of the accounts of Indian affairs. [R. S.]
Act of June 30, 1834, ch. 162, 4 Stat. L. 738. S. 1. Leathers, (1879) 6 Sawy. (U. S.) 17;
Establishing court of Indian offenses. See (1882) 17 Op. Atty.-Gen. 260. note to R. S. sec. 463, supra.
Regulations to be consistent with existing Regulations are obligatory on all the de- statutes. — “The authority of the President partments. — (1848) 5 Op. Atty.-Gen. 36. to make regulations is subject to the condiSee also article on STATUTES AND STATU- tion, necessarily implied, that they must be TORY CONSTRUCTION, vol. 1, p. xi, cases cited consistent with the statutes which have been in note 2
enacted by Congress, and must be in execuPayment of treaty money to Indians. tion of, and supplementary to, but not in conThe payment of money due from the govern- flict with, the statutes." Romero v. U. S., ment to Indians, by force of treaty, falls (1889) 24 Ct. Cl. 331, holding that regulations within the reason and object of the power of made by the President in regard to Indian regulation invested in the President. (1848) agents cannot be construed to lengthen a 5 Op. Atty.-Gen. 36.
term of office limited by the constitution nor Establishing reservation. - -“The very ex- to give to one whose commission has expired tensive powers given to the President by sec- by such limitation the salary of an office detions 462-465 in the management of Indian clared by the statutes to be in abeyance, affairs might well be held to include the because of the expiration of the term of the power to establish a reservation, if there were incumbent thereof. no other acts in relation to the matter.” U.
Sec. 466. [Presentation and payment of claims for Indian de predations. Superseded by Act of March 3, 1891, ch. 538, 26 Stat. L. 851.
See Claims, vol. 2, pp. 91-101.]
R. S. sec. 466, clearly superseded by the pro- ment on account of any such claims shall be visions of the Act above referred to, was as made without a specific appropriation therefollows:
for by Congress.” Act of May 29, 1872, ch. SEC. 466. The Secretary of the Interior 233, 17 Stat. L. 190. shall prepare and cause to be published such The following cases construed R. S. sec. regulations as he may deem proper, pre- 466, and similar prior statutes: Leighton v. scribing the manner of presenting claims aris- U. S., (1896) 161 U. S. 291; Nesbitt v. U. S., ing under laws or treaty stipulations, for (1902) 186 U. S. 153; Corralitos Co. v. U. S., compensation for depredations committed by (1900) 178 U. S. 280; Leighton v. U. S., (1891) the Indians, and the degree and character of 29 Ct. Cl. 288; Love v. U. S., (1894) 29 Ct. Cl. the evidence necessary to support such 332; Stone v, U. S., (1894) 29 Ct. Cl. lll; claims; he shall carefully investigate all such Hegwer v. U. S., (1895) 30 Ct. Cl. 405; Brown claims as may be presented, subject to the V. U. S., (1897) 32 Ct. Cl. 432; Ayres v. U. S., regulations prepared by him; and no pay- (1899) 35 Ct. Cl. 26.
Sec. 467. [Sale of arms, etc., to Indians prohibited. Given infra, p. 382.)
Sec. 468. [Commissioner to report annually to Congress. See ESTIMATES, APPROPRIATIONS, AND REPORTS, vol. 2, p. 928.]
Sec. 469. [Reports of Indian supplies. See ESTIMATES, APPROPRIATIONS, AND REPORTS, vol. 2, p. 928.]
[II. OFFICERS OF INDIAN AFFAIRS; THEIR DUTIES AND COMPENSATION.]
Sec. 2039. [Board of Indian commissioners.] There shall be a board of Indian commissioners, composed of not more than ten persons, appointed by the President solely, from men eminent for intelligence and philanthropy, and who shall serve without pecuniary compensation. [R. S.]
Act of April 10, 1869, ch. 16, 16 Stat. L. 40; among the Indian tribes, to promote their Act of July 15, 1870, ch. 296, 16 Stat. L. 360. civilization, to relieve their necessities, and to Sections 2039 to 2157 of the Revised Stat- bring them upon reservations. In order to
constitute title XXVIII. “ Indians." enable the President to execute the powers Sections 2039 to 2078 of this title constitute thus conferred, he was authorized to appoint ch. 1, “ Officers of Indian Affairs; their duties a board of commissioners, who might, under and compensation.”
his direction, exercise joint control with the Act of April 10, 1869. — The Act of 1869, secretary of the interior over the disburseabove cited, appropriated two million dollars ment of such appropriation. Ryan v. U. S., to enable the President to maintain peace (1872) 8 Ct. Cl. 265.
Sec. 2040. [Secretary to the commissioners.] The board of commissioners mentioned in the preceding section shall have power to appoint one of their own number as secretary, who shall be entitled to such reasonable compensation as the board may designate, payable from any moneys appropriated for the expenses of the board. [R. S.]
Act of July 15, 1870, ch. 296, 16 Stat. L. 360.
Secs. 2041, 2042. [Superseded by Act of May 17, 1882, ch. 163, given below.]
For the provisions of R. S. secs. 2041, 2042, see the note to the next paragraph of the text.
[Powers and duties of Indian commission.] For the expenses of the commission of citizens, serving without compensation, appointed by the President under the provision of the fourth section of the act of April tenth, eighteen hundred and sixty-nine,
And hereafter the commission shall only
have power to visit and inspect agencies and other branches of the Indian service, and to inspect goods purchased for said service, and the Commissioner of Indian Affairs shall consult with the commission in the purchase of supplies. The commission shall report their doings to the Secretary of the Interior.
[22 Stat. L. 70.] This is from the Act of May 17, 1882, ch. Affairs, whose duty it shall be to consult the 163, making appropriations for the current commission in making purchases of such and contingent expenses of the Indian de- goods.” Act of July 15, 1870, ch. 296, 16 partment for the next fiscal year. Section 4 Stat. L. 360. of the Act of April 10, 1869, mentioned R. S. sec. 2042 is as follows: Any memtherein, is incorporated in R. S. sec. 2039, ber of the board of Indian commissioners is supra, p. 340.
empowered to investigate all contracts, exThe above provision evidently supersedes penditures, and accounts in connection with R. S. secs. 2041, 2042. R. S. sec. 2041 is as the Indian service, and shall have access to follows: * The board of commissioners men- all books and papers relating thereto in any tioned in section two thousand and thirty- Government office; but the examination of nine shall supervise all expenditures of money vouchers and accounts by the executive comappropriated for the benefit of Indians within mittee of said board shall not be a prerequithe limits of the United States; and shall site of payment.” Act of May 29, 1872, ch. inspect all goods purchased for Indians, in 233, 17 Stat. L. 186. connection with the Commissioner of Indian
Sec. 2043. [Appointment of Indian inspectors; term of office.] There shall be appointed by the President, by and with the advice and consent of the Senate, a sufficient number of Indian inspectors, not exceeding five in number, to perform the duties required of such inspectors by the provisions of this Title. Each inspector shall hold his office for four years, unless sooner removed by the President. [R. S.]
Act of Feb. 14, 1873, ch. 138, 17 Stat. L. An inspector in Indian Territory is pro463.
vided for in the Act of June 28, 1898, ch. 517, The number of inspectors is reduced to sec. 27, set forth below. three. See the next paragraph of the text.
[Number of inspectors. ]
That after the commencement of the next fiscal year there shall be but three inspectors; [18 Stat. L. 422.]
This is from the Act of March 3, 1875, ch. 132, making appropriations for the current and contingent expenses of the Indian department for the year ending June 30, 1876.
Notwithstanding this provision appropriations have been annually made from 1880 to 1891 “for pay of five Indian inspectors, at $3,000 per annum," and for their traveling expenses. 21 Stat. L. 116, 487; 22 Stat. L. 70, 434; 23 Stat. L. 77, 364; 24 Stat. L. 30, 450; 25 Stat. L. 219, 982; 26 Stat. L. 338, 991. Compilers' note, 1 Supp. R. S. 79.
In the Act of May 27, 1902, ch. 888, 32 Stat. L. 247, making appropriations for the current and contingent expenses of the Indian Department for the next fiscal year, an appropriation is made for pay of eight inspectors
at two thousand five hundred dollars per annum each."
The three inspectors who were appointed under the paragraph in the text and their successors are entitled to the salary of $3,000 given by R. S. sec. 2044, while others appointed under later appropriation acts are entitled only to the salary named in those acts. Smith v. U. S., (1902) 37 Ct. Cl. 119.
Sec. 2044. [Salary and expenses.] Each inspector shall receive an annual salary of three thousand dollars and his necessary traveling expenses, not exceeding ten cents a mile for actual travel while in the discharge of his duty, a statement of which expenses as to each inspector shall accompany the annual report the Secretary of the Interior. [R. S.]
Act of Feb. 14, 1873, ch. 138, 17 Stat. L. Compensation of inspector in Indian Terri. 463.
tory. See the next paragraph but one of See the appropriation in the Act last cited the text. in the note to the preceding paragraph of See note to the preceding paragraph of the the text,
Sec. 27. [Inspector in Indian Territory.] That the Secretary of the Interior is authorized to locate one Indian inspector in Indian Territory, who may, under his authority and direction, perform any duties required of the Secretary of the Interior by law, relating to affairs therein. [30 Stat. L. 504.]
The above section is from the Act of June 28, 1898, ch. 517, " for the protection of the people of the Indian Territory and for other purposes.”
As to compensation of the inspector, see the next paragraph of the text.
[Allowance to Indian Territory inspector.]
That the Indian inspector who shall be assigned to duty in the Indian Territory shall be considered as actually employed on duty in the field; and the accounting officers of the Treasury are hereby authorized to allow him per diem pay during the fiscal year nineteen hundred and two, and so long as he shall remain on duty in said Territory. [32 Stat. L. 247.]
This is from the Act of May 27, 1902, ch. 888, making appropriations for the current and contingent expenses of the Indian Department for the next fiscal year. The same provision appears in the Indian Appropriation Act of March 3, 1901, ch. 832, 31 Stat. L. 1060.
Sec. 2045. [Powers and duties of inspectors.] Each Indian superintendency and agency shall be visited and examined as often as twice a year by one or more of the inspectors. Such examination shall extend to a full investigation of all matters pertaining to the business of the superintendency or agency, including an examination of accounts, the manner of expending money, the number of Indians provided for, contracts of all kinds connected with the business, the condition of the Indians, their advancement in civilization, the extent of the reservations, and what use is made of the lands set apart for that purpose, and, generally, all matters pertaining to the Indian service. For the purpose of making such investigations, each inspector shall have power to examine all books, papers, and vouchers, to administer oaths, and to examine on oath all officers and persons employed in the superintendency or agency, and all such other persons as he may deem necessary or proper. The inspectors, or any of them, shall have power to suspend any superintendent or agent or employé, and to designate some person in his place temporarily, subject to the approval of the President, making immediate report of such suspension and designation; and upon the conclusion of each examination a report shall be forwarded to the President without delay. The inspectors, in the discharge of their duties, jointly and individually, shall have power, by proper legal proceedings, which it shall be the duty of the district attorney of the United States for the appropriate district duly to effectuate, to enforce the laws, and to prevent the violation of law in the administration of affairs in the several agencies and superintendencies. So far as practicable, the examinations of the agencies and superintendencies shall be made alternately by different inspectors, so that the same agency or superintendency may not be examined twice in succession by the same inspector or inspectors. [R. S.] Act of Feb. 14, 1873, ch. 138, 17 Stat. L. to pay their salaries are subject to the pro
visions of this section. Smith v. U. S., (1902) Visit, etc., as often as twice a year” is 37 Ct. Cl. 119. not now required. See the next paragraph of Suspension of agent while Senate in sesthe text.
sion. — The suspension of an agent, under Additional inspectors whose appointment is this section, and the designation of a person authorized only by the appropriation of money to fill the place temporarily, subject to the