INDIAN AFFAIRS: LAWS AND TREATIES

Vol. I, Laws     (Compiled to December 1, 1902)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.


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ACTS OF FIFTY-FIFTH CONGRESS—FIRST SESSION, 1897.
CHAP. 3

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Chapter 3
Sections 11

Margin Notes
Chap. 3 Fort Apache agency.
    [30 Stat., 64.]
    R. S., 2052.
Chap. 3 Oklahoma.
—jurisdiction of justice of the peace, etc., limited.

    [30 Stat., 71.]
Chap. 3 District court to try cases against Osage, etc.
Chap. 3 terms at Pawhuska.
    1893, Dec. 21, c. 5, ante. p. 66.
    1890, May 2, c. 182, ante. p. 45.
Chap. 3 Warehouse to be established at Omaha.
    [30 Stat., 75]
Chap. 3 building to be furnished free.
Chap. 3 No appropriation hereafter for sectarian schools.
    [30 Stat., 79]
Chap. 3 Indians to be employed as assistant matrons, farmers, etc.
    [30 Stat., 83.]
    R. S., 2096;
    1875, Mar. 3. c. 132, s. 5, ante, p. 24;
    1882, May 17 c. 163, s. 6, ante, p. 29.
Chap. 3 Indian Territory.
    1896, June 10, c. 399, ante, p. 79;
    1898, June 28, c. 517, post. p. 91.
    1899, Mar. 1, c. 324 post, p. 102.
Chap. 3 jurisdiction of U. S. courts and commissioners.
    1890, May 2, c. 182, s. 29, 30, ante, p. 47.
Chap. 3 same,
    s. 36, ante, p. 51.
Chap. 3 laws applicable, irrespective of race.
    1895, Mar. 1, c. 145, s. 4, ante, p. 72.
Chap. 3 citizen of tribe may be juror.
Chap. 3 Authority of commission continued.
Chap. 3 “Rolls of citizenship” defined.
    1896, June 10, c. 398, ante, p. 81.
Chap. 3 approved authenticated roll.
Chap. 3 investigation of names.
Chap. 3 names stricken from rolls.
Chap. 3 Right of appeal.
Chap. 3 Approval of acts, etc., of Five Civilized Tribes.
Chap. 3 adjournment resolutions, etc., excepted.
Chap. 3 Additional judge for Territory.
    Post, p. 120.
Chap. 3 terms of court, etc.
Chap. 3 at Wagoner.
Chap. 3 member of appellate court.
Chap. 3 When judge ineligible.
    1889, Mar. 1, c. 333, ante, p. 39.
    1890, May 2, c. 182, ante, p. 45.
    1895, Mar. 1, c. 145, ante, p. 70.
    1898, June 28, c. 517, post, p. 90.
Chap. 3 Expense of transporting employees’ remains forbidden.
    [30 Stat., 87.]
    1893, Mar. 3, c. 211, s. 3, 4, ante, p. 65.
Chap. 3 Extension of time to settlers, etc.
    [30 Stat., 86.]
Chap. 3 Limit to expenditures for employees at agencies, etc.
    [30 Stat., 90.]
Chap. 3 at consolidated agencies.
    R. S., 2059.
Chap. 3 list of excepted employees.
Chap. 3 Dead timber may be cut, etc., by Minnesota Indians.
    1889, Feb. 16, c. 172, ante, p. 39.
    Post, p. 755.
    Post, p. 761.
Chap. 3 by Chippewa Indians.
Chap. 3 when authority withheld.
    1888. June 4, c. 340, ante, p. 37.
Chap. 3 Children of white man and Indian woman.
    1888, Aug. 9, c. 818, ante, p. 38.
Chap. 3 to have rights of mother.
Sec. 11 Insufficient appropriations, how supplied.
    [30 Stat., 93.]
    1875, Mar. 3, c. 132, ante, p. 23.

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Chapter 3
    June 7, 1897. | 30 Stat., 62.
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An act making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June thirtieth, eighteen hundred and ninety-eight, and for other purposes.

Be it enacted, &c. * * * That a separate agency is hereby created to cover and have jurisdiction over all that portion of the White Mountain or San Carlos Reservation lying north of the Salt or Black River, to be known as the Fort Apache Reservation, with headquarters at Fort Apache, Arizona: * * *

And the justices of the peace and the probate courts in and for the Territory of Oklahoma shall not have jurisdiction of any actions in civil cases against members of the Osage and Kansas tribes of Indians residing on their reservation in Oklahoma Territory,

and the district court shall have exclusive jurisdiction in such actions,

and at least two terms of such court shall be held in each year at Pawhuska on said reservation at such times as the supreme court of said Territory shall fix and determine for the trial of both civil and criminal cases. * * *

That the Secretary of the Interior shall, within one year after the passage of this Act, establish and thereafter maintain at the city of

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Omaha, in the State of Nebraska, a warehouse for Indian supplies, from which distributions shall be made to such Indian tribes of the West and Northwest as the Secretary of the Interior may direct:

Provided, That the city of Omaha shall provide, equip, and furnish a building suitable for this purpose free of cost to the United States. * * *

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:

That hereafter the Commissioner of Indian Affairs shall employ Indian girls as as assistant matrons and Indian boys as farmers and industrial teachers in all Indian schools when it is practicable to do so. * * *

That the commission appointed to negotiate with the Five Civilized Tribes in the Indian Territory shall examine and report to Congress whether the Mississippi Choctaws under their treaties are not entitled to all the rights of Choctaw citizenship except an interest in the Choctaw annuities:

Provided further, That on and after January first, eighteen hundred and ninety-eight, the United States courts in said Territory shall have original and exclusive jurisdiction and authority to try and determine all civil causes in law and equity thereafter instituted and all criminal

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causes for the punishment of any offense committed after January first, eighteen hundred and ninety-eight, by any person in said Territory,

and the United States commissioners in said Territory shall have and exercise the powers and jurisdiction already conferred upon them by existing laws of the United States as respects all persons and property in said Territory;

and the laws of the United States and the State of Arkansas in force in the Territory shall apply to all persons therein, irrespective of race, said courts exercising jurisdiction thereof as now conferred upon them in the trial of like causes;

and any citizen of any one of said tribes otherwise qualified who can speak and understand the English language may serve as a juror in any of said courts.

That said commission shall continue to exercise all authority heretofore conferred on it by law to negotiate with the Five Tribes, and any agreement made by it with any one of said tribes, when ratified, shall operate to suspend any provisions of this Act if it conflict therewith as to said nation.

Provided, That the words “rolls of citizenship,” as used in the Act of June tenth, eighteen hundred and ninety-six, making appropriations for current and contingent expenses of the Indian Department and fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June thirtieth, eighteen hundred and ninety-seven, shall be construed to mean the last authenticated rolls of each tribe which have been approved by the council of the nation, and the descendants of those appearing on such rolls, and such additional names and their descendants as have been subsequently added, either by the council of such nation, the duly authorized courts thereof, or the commission under the Act of June tenth, eighteen hundred and ninety-six. And all other names appearing upon such rolls shall be open to investigation by such commission for a period of six months after the passage of this Act. And any name appearing on such rolls and not confirmed by the act of June tenth, eighteen hundred and ninety-six, as herein construed, may be stricken therefrom by such commission where the party affected shall have ten days previous notice that said commission will investigate and determine the right of such party to remain upon such roll as a citizen of such nation:

Provided, also, That any one whose name shall be stricken from the roll by such commission shall have the right of appeal, as provided in the Act of June tenth, eighteen hundred and ninety-six.

That on and after January first, eighteen hundred and ninety-eight, all acts, ordinances, and resolutions of the council of either of the aforesaid Five Tribes passed shall be certified immediately upon their passage to the President of the United States and shall not take effect, if disapproved by him, or until thirty days after their passage:

Provided, That this Act shall not apply to resolutions for adjournment, or any acts, or resolutions, or ordinances in relation to negotiations with commissioners heretofore appointed to treat with said tribes.

That there shall be appointed by the President, by and with the advice and consent of the Senate, one additional judge for said Territory;a


aThe United States Court in the Indian Territory is provided for by the acts of 1889, ch. 333, ante p. 39; 1890, ch. 182, sec. 29-43, ante p. 47; 1895 ch. 145, ante p. 71; 1898 ch. 517, post p. 90.

and the appellate court of said Territory shall designate the places in the several judicial districts therein at which and the times when such judge shall hold court, and courts shall be held at the places now provided by law and at the town of Wagoner and at such other places as shall be designated by said appellate court;

and said judge shall be a member of the appellate court, and shall have all authority, exercise all powers, perform like duties, and receive

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the same salary as other judges of said courts, and shall serve for a term of four years from the date of appointment:

Provided, That no one of said judges shall sit in the hearing of any case in said appellate court which was decided by him. * * *

That hereafter the heads of Departments shall not authorize any expenditure in connection with transportation of remains of deceased employees, except when otherwise specifically provided by law. * * *

That the settlers who purchased with the condition annexed of actual settlement on all ceded Indian reservations be, and they are hereby, granted an extension of one year, in addition to the extensions heretofore granted, in which to make payments as now provided by law. * * *

That hereafter not more than ten thousand dollars shall be paid in any one year for salaries or compensation of employees regularly employed at any one agency, for its conduct and management, and the number and kind of employees at each agency shall be prescribed by the Secretary of the Interior and none other shall be employed:

Provided, That where two or more Indian agencies have been or may hereafter be consolidated, the expenditure of such consolidated agencies for regular employees shall not exceed fifteen thousand dollars:

Provided further, That salaries or compensation of agents, Indians, school employees of every description, and persons temporarily employed, in case of emergency, to prevent loss of life and property, in the erection of buildings, the work of irrigation, and making other permanent improvements, shall not be construed as coming within the limitations fixed by the foregoing paragraphs.

The Secretary of the Interior may in his discretion, from year to year, under such regulations as he may prescribe, authorize the Indians residing on any Indian reservation in the State of Minnesota, whether the same has been allotted in severalty or is still unallotted, to fell, cut, remove, sell or otherwise dispose of the dead timber, standing or fallen, on such reservation or any part thereof, for the sole benefit of such Indians; and he may also in like manner authorize the Chippewa Indians of Minnesota who have any interest or right in the proceeds derived from the sales of ceded Indian lands or the timber growing thereon, whereof the fee is still in the United States, to fell, cut, remove, sell or otherwise dispose of the dead timber, standing or fallen, on such ceded land.

But whenever there is reason to believe that such dead timber in either case has been killed, burned, girdled, or otherwise injured for the purpose of securing its sale under this Act, then in that case such authority shall not be granted.

That all children born of a marriage heretofore solemnized between a white man and an Indian woman by blood and not by adoption, where said Indian woman is at this time, or was at the time of her death, recognized by the tribe shall have the same rights and privileges to the property of the tribe to which the mother belongs, or belonged at the time of her death, by blood, as any other member of the tribe, and no prior Act of Congress shall be construed as to debar such child of such right. * * *

SEC. 11

That hereafter, where funds appropriated in specific terms for a particular object are not sufficient for the object named, any other appropriation, general in its terms, which otherwise would be available may, in the discretion of the Secretary of the Interior, be used to accomplish the object for which the specific appropriation was made. * * * [June 7, 1897.]


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