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.]

66

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.]

approval of the President, may take place while the Senate is in session. (1877) 15 Op. Atty.-Gen. 405.

Bond given by inspector. The general functions and duties of Indian inspectors are defined in the above section. These do not include specifically the disbursement of public money, and those officers are not required by statute to give bond. Yet the secretary of the interior may lawfully assign to inspectors

other duties relating to Indian affairs, and where the particular duty so assigned involves the receipt or disbursement of public money or the custody of public property, the secretary may take a bond for the protection of the United States against loss, and such bond will be valid and binding upon both principal and sureties, if voluntarily given by the officer. (1882) 17 Op. Atty. Gen. 391.

[Visit to and examination of agencies.] The provision of law requiring that each agency shall be visited and examined by one or more of the inspectors at least twice in each year is hereby repealed. [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 next fiscal year. The provision repealed is in the first sentence of R. S. sec. 2045, the preceding paragraph of the text.

Secs. 2046-2051. [Abrogated by the President. See note below.]

The provisions of R. S. secs. 2046, 2047, 2048, 2049, 2050, and 2051, were discontinued by the President under authority vested in him by section 6 of the Act of Feb. 14, 1873, ch. 138, sec. 6, 17 Stat. L. 463, incorporated in R. S. sec. 2047, given below in this note. Senate Document No. 452 on "Indian Affairs," 57th Congress, 1st session, vol. 1, p. 5, note.

The Revised Statutes sections rendered obsolete as above read as follows:

SEC. 2046. The President is authorized to appoint, from time to time, by and with the advice and consent of the Senate, the following superintendents of Indian affairs, who shall be entitled to receive the salaries mentioned below:

Two superintendents for the tribes east of the Rocky Mountains, at a salary of two thousand dollars a year, each.

One superintendent for Oregon, at a salary of two thousand five hundred dollars a year. One superintendent for Washington Territory, at a salary of two thousand five hundred dollars a year.

One superintendent for the Territory of New Mexico, at a salary of two thousand dollars a year.

One superintendent for California, at a salary of three thousand six hundred dollars a year.

One superintendent for the Territory of Arizona, at a salary of two thousand dollars

a year.

One superintendent for the Territory of Montana, at a salary of two thousand five hundred dollars a year.

Act of June 5, 1850, ch. 16, 9 Stat. L. 437; Act of Feb. 27, 1851, ch. 14, 9 Stat. L. 586; Act of March 3, 1857, ch. 90, 11 Stat. L. 185; Act of Feb. 8, 1861, ch. 30, 12 Stat. L. 130; Act of April 8, 1864, ch. 48, 13 Stat. L. 39; Act of Feb. 14, 1873, ch. 138, 17 Stat. L. 437.

SEC. 2047. After the thirtieth of June,

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eighteen hundred and seventy-three, the offices of four of the superintendents enumerated in the preceding section are abolished; and any money appropriated for the salaries of such superintendents or their clerks, shall, after that date, be applied to pay the salaries and traveling expenses of the inspectors. The President may assign the remaining four superintendents to jurisdiction over such agencies as he may deem proper; or he is authorized, in his discretion, to dispense with any or all of the superintendents and their clerks. Act of Feb. 14, 1873, ch. 138, 17 Stat. L. 463.

SEC. 2048. Each superintendent shall hold his office for the term of four years. Act of Feb. 27, 1851, ch. 14, 9 Stat. L. 587.

SEC. 2049. Each superintendent, before entering on the duties of his office, shall give bond in such penalties and with such security as the President or the Secretary of the Interior may require. Act of Feb. 27, 1851, ch. 14, 9 Stat. L. 587.

SEC. 2050. Each superintendent of Indian affairs shall, within his superintendency, exercise a general supervision and control over the official conduct and accounts of all officers and persons employed by the Government in Indian affairs, under such regulations as shall be established by the President; and may suspend such officers and persons from their offices or employments, for reasons forthwith to be communicated to the Secretary of the Interior, and shall also perform within his superintendency such duties as are or may be assigned to superintendents of Indian affairs. Act of June 30, 1834, ch. 162, 4 Stat. L. 735; Act of Feb. 27, 1851, ch. 14, 9 Stat. L. 586.

SEC. 2051. The Secretary of the Interior may authorize, in his discretion, the employment of temporary clerks by superintendents of Indian affairs, on such occasions and for such periods of time as he may deem necessary to the public service. Act of March 3, 1855, ch. 175, 10 Stat. L. 673.

Sec. 2052. [Indian agents appointments, salaries.] The President is authorized to appoint from time to time. by and with the advice and consent of the Senate, the following Indian agent:

Three for the tribes in Oregon.

Fourteen for the tribes east of the Rocky Mountains, and north of New Mexico and Texas.

Seven for the tribes in New Mexico.

Three for the tribes in the Territory of Washington.

One for the tribes in Kansas.

One for the Kickapoos.

One for the Delawares.

Two for the tribes in Utah.

One for the Poncas.

One for the Pawnees in Nebraska, each with an annual salary of fifteen hundred dollars.

Four for the tribes in California, at an annual salary of eighteen hundred dollars, each.

Three for the tribes in Texas.

One for the Wichitas and neighboring tribes west of the Choctaws and Chickasaws, at an annual salary of one thousand dollars. [R. S.]

Act of Feb. 14, 1873, ch. 138, 17 Stat. L. 437.

The provisions of this Act appear never to have been conformed to, and agents hold their office and are paid in accordance with the provisions made in the annual appropriation acts, which vary each year. Senate Document No. 452, 57th Congress, 1st session, vol. 1, p. 5, note.

See also the next paragraph of the text.

The Act of March 1, 1883, ch. 61, 22 Stat. L. 434, after providing for agents and their salaries at divers enumerated agencies, including those mentioned above in the text, declared that "all provisions of law fixing compensation for Indian agents in excess of that herein provided are hereby repealed,"

thereby repealing pro tanto the text as above given. Mitchell v. U. S., (1883) 18 Ct. Cl. 287.

Salaries governed by appropriation acts.The above section cannot be regarded as conclusive as to the amount of salary an agent mentioned therein shall receive where Congress has, by appropriation acts passed since the adoption of the Revised Statutes, indi cated clearly the intention to fix a different amount. Belknap v. U. S., (1893) 150 U. . 588, affirming (1889) 24 Ct. Cl. 433.

An agent not provided for in this section. but appointed only by virtue of a subsequent appropriation act, increasing the number of agents and fixing the salary therefor, is entitled only to the salary so appropriated. Dyer v. U. S., (1885) 20 Ct. Cl. 166.

[Pay of agents at agencies.] That the following sums be, and they are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of paying the current and contingent expenses of the Indian Department for the year ending June thirtieth, eighteen hundred and ninety-five, and fulfilling treaty stipulations with the various Indian tribes, namely:

For pay of fifty-seven agents of Indian affairs at the following-named agencies, at the rates respectively indicated, namely:

At the Blackfeet Agency, Montana, at one thousand eight hundred dollars;

At the Cherokee School, North Carolina: Additional compensation to superintendent of said school for performing the duties heretofore required of the agency at the Cherokee Agency, two hundred dollars;

At the Cheyenne and Arapaho Agency, Oklahoma Territory, one thousand eight hundred dollars;

At the Cheyenne River Agency, South Dakota, one thousand seven hundred dollars;

At the Colorado River Agency, Arizona, one thousand five hundred dollars;

At the Colville Agency, Washington, one thousand five hundred dollars;

At the Crow Creek and Lower Brule Agency, South Dakota, one thousand eight hundred dollars;

At the Crow Agency, Montana, one thousand eight hundred dollars; At the Devils Lake Agency, North Dakota, one thousand two hundred dollars;

At the Flathead Agency, Montana, one thousand five hundred dollars;

At the Fort Belknap Agency, Montana, one thousand five hundred dollars;

At the Fort Berthold Agency, South Dakota, one thousand five hundred dollars;

At the Fort Hall Agency, Idaho, one thousand five hundred dollars; At the Fort Peck Agency, Montana, one thousand eight hundred dollars;

At the Grand Ronde Agency, Oregon, one thousand two hundred dollars;

At the Green Bay Agency, Wisconsin, one thousand eight hundred dollars;

At Hoopa Valley Agency, California, one thousand two hundred dollars;

At the Kiowa Agency, Oklahoma Territory, one thousand eight hundred dollars;

At the Klamath Agency, Oregon, one thousand two hundred dollars; At the La Pointe Agency, Wisconsin, one thousand eight hundred dollars;

At the Lemhi Agency, Idaho, one thousand two hundred dollars; At the Mescalero Agency, New Mexico, one thousand six hundred dollars:

At the Mission Tule River Agency, California, one thousand six hundred dollars;

At the Navajo Agency, New Mexico, one thousand eight hundred dollars;

At the Neah Bay Agency, Washington, one thousand two hundred dollars;

At the Nevada Agency, Nevada, one thousand five hundred dollars; At the New York Agency, New York, one thousand dollars; At the Nez Perces Agency, Idaho, one thousand six hundred dollars; At the Omaha and Winnebago Agency, Nebraska, one thousand six hundred dollars;

At the Osage Agency, Oklahoma Territory, one thousand six hundred dollars;

At the Pima Agency, Arizona, one thousand eight hundred dollars; At the Pine Ridge Agency, South Dakota, one thousand eight hundred dollars;

At the Pottawatomie and Great Nemaha Agency, Kansas, one thousand two hundred dollars;

At the Ponca, Pawnee, Otoe and Oakland Agency, Oklahoma Territory, one thousand five hundred dollars;

At the Pueblo and Jicarilla Agency, New Mexico, one thousand five hundred dollars;

At the Puyallup (consolidated) Agency, Washington, one thousand six hundred dollars;

At the Rosebud Agency, South Dakota, one thousand eight hundred dollars;

At the Round Valley Agency, California, one thousand five hundred dollars;

At the Sac and Fox Agency, Iowa, one thousand dollars;

At the Sac and Fox Agency, Oklahoma Territory, one thousand two hundred dollars;

At the San Carlos Agency, Arizona, one thousand eight hundred dollars;

At the Santee Agency, Nebraska, one thousand two hundred dollars; At the Shoshone Agency, Wyoming, one thousand five hundred dollars:

At the Siletz Agency, Oregon, one thousand two hundred dollars; At the Sisseton Agency, South Dakota, one thousand five hundred dollars;

At the Southern Ute Agency, Colorado, one thousand four hundred dollars;

At the Standing Rock Agency, North Dakota, one thousand eight hundred dollars;

At the Tongue River Agency, Montana, one thousand five hundred dollars;

At the Tulalip Agency, Washington, one thousand two hundred dollars;

At the Uintah and Ouray Agency, Utah (consolidated), one thousand eight hundred dollars;

At the Umatilla Agency, Oregon, one thousand two hundred dollars; At the Union Agency, Indian Territory, one thousand five hundred dollars;

At the Warm Springs Agency, Oregon, one thousand two hundred dollars;

At the Western Shoshone Agency, Nevada, one thousand five hundred dollars;

At the White Earth Agency, Minnesota, one thousand eight hundred dollars;

At the Yakima Agency, Washington, one thousand eight hundred dollars;

At the Yankton Agency, South Dakota, one thousand six hundred dollars;

At the Quapaw Agency, Indian Territory, one thousand four hundred dollars: * -*- and hereafter the annual salaries of the several

*

Indian agents shall be as provided for in this Act. [28 Stat. L. 286.]

This 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.

A provision has been repeated annually in the Indian appropriation acts, since 1884, repealing all laws fixing compensation of Indian agents in excess of the amount provided in the particular act. This paragraph now seems intended to take the place of the recurrent annual provisions and to fix the salaries on a permanent basis.. Compilers' note to the above paragraph in the text, 2 Supp. R. S. 244.

It is to be observed, however, that while the repealing provision just mentioned has not been repeated in the subsequent annual Indian appropriation acts, these acts are not uniform as to the number of agents-provision being made for fifty-six in 1896, 1897, 1898, and 1899, fifty-three in 1900, forty-nine in 1901, and forty-three in 1902- nor has the amount for Indian agents' salaries at the respective agencies remained always the same

as in the provision in the text. See 29 Stat. L. 321; 30 Stat. L. 62, 571, 924; 31 Stat. L. 221, 1058; 32 Stat. L. 245. It seems, therefore, that a situation might arise as to compensation of Indian agents like that discussed in the preliminary article on STATUTES AND STATUTORY CONSTRUCTION, vol. 1, pp. xv, xvi of this work. See also note to R. S. sec. 2043, supra, p. 341.