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-SEVENTH CONGRESS—FIRST SESSION, 1902.
CHAP. 134 | CHAP. 180 | CHAP. 642 | CHAP. 673 | CHAP. 788 | CHAP. 888 | CHAP. 1080 | CHAP. 1157 | CHAP. 1323 | CHAP. 1361 | CHAP. 1362 | CHAP. 1375 | CHAP. 1380 | J. R. 24 | J. R. 25 | J. R. 31

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Chapter 888

Margin Notes
Chap. 888 Permanent annuities funded.
    Post, p. 799.
    [32 Stat., 249.]
    See note to 1889, ch. 317, ante, p. 321.
    Vol. 2, p. 25.
    Vol. 2, p. 58.
    Vol. 2, p. 264.
    Vol. 2, p. 756.
    Vol. 2, p. 931.
Chap. 888 Interest rate.
    Ante, p. 729.
Chap. 888 Mission Indians.
    [32 Stat., 257.]
Chap. 888 Provisos. Purchase of land to locate Indians.
Chap. 888 Allotment in severalty.
    Ante, p. 33.
Chap. 888 Allotments.
Chap. 888 Expenses of removal.
Chap. 888 Commission to select land.
Chap. 888 Survey, etc., of town sites, Indian Territory.
    [32 Stat., 259.]
    Ante, pp. 96, 646.
Chap. 888 Provisos. Appointment of commissioner on failure of Indian appointee, etc.
    See note to 1898, ch. 517, ante, p. 656.
Chap. 888 Definition of limits of small towns.
Chap. 888 Klamath Reservation, Oreg. Allotment to children.
    [32 Stat., 260.]
    Ante, p. 33.
    Ante, p. 56.
Chap. 888 Walker River Reservation, Nev. Allotment of irrigable land.
Chap. 888 Payment for lands relinquished.
Chap. 888 Relinquished lands to be open to settlement.
Chap. 888 Puyallup Reservation Wash. Commission to sell lands, etc.
    [32 Stat., 262.]
    Ante, p. 621.
Chap. 888 Chickasaw, Seneca, and Eastern Shawnee annuities. Transferred to tribal funds.
    31 Stat., 1062, 1068.
Chap. 888 Interest.
    See note to 1875. ch. 90, ante, p. 155.
Chap. 888 Provisos. Per capita payments to Eastern Shawnee and Seneca.
Chap. 888 Balances to Chickasaw.
Chap. 888 Deduction.
Chap. 888 Acts of Eastern Shawnee and Seneca ratified.
Chap. 888 United Peoria and Miami, Ind. T. Sale of surplus lands.
    1889 ch. 422. ante, p. 344.
Chap. 888 Proviso. Payment for services.
Chap. 888 Uintah and White River Ute. Allotment of irrigable land.
    [32 Stat., 263.]
    See note to 1874, ch. 136, ante, p. 151.
    Post, p. 800.
Chap. 888 Unallotted lands restored to public domain.
Chap. 888 Provisos. Homestead entries.
Chap. 888 Mineral leases.
    See note to 1888, ch. 310, ante, p. 271.
Chap. 888 Raven Mining Company.
Chap. 888 Application of proceeds from sales.
Chap. 888 Payments to Indians.
Chap. 888 Sioux Indians, Lower Brule band. Claims for property losses.
    [32 Stat., 265.]
Chap. 888 Payment.
Chap. 888 Crow Indians. Distribution of cattle.
    See note to 1882, ch. 74, ante, p. 195.
    Ante, p. 432.
    [32 Stat., 266.]
Chap. 888 Distribution of “Crow herd fund.”
Chap. 888 Proviso. Regulations.
Chap. 888 Purchase of stock cattle.
Chap. 888 Southern Ute, Colo. Right of way, irrigation ditches.
    See note to 1874, ch. 136, ante, p. 151,
Chap. 888 Proviso. Consent of Indians.
Chap. 888 Southern Ute Reservation, Colo. Irrigation contract authorized.
Chap. 888 Provisos. Conditions.
Chap. 888 Bond required.
Chap. 888 Spokane Reservation. Wash. Only mineral lands subject to entry.
Chap. 888 Proviso. Lands excepted.
    Post, p. 799.
Chap. 888 Omaha.Payment per capita.
    [32 Stat., 267.]
    See note to 1882, ch. 434, ante, p. 212.
Chap. 888 Iowa. Payment per capita.
    1891, ch. 105, ante, p. 393.
Chap. 888 Sauk and Foxes of Missouri. Payment per capita.
    See note to 1885, ch. 337, ante, p. 228.
Chap. 888 Sioux of Crow Creek Reservation, S. Dak. Distribution of fund.
    See note to 1876, ch. 289, ante, p. 166.
Chap. 888 Chippewa Indians of Minnesota. Payment for stumpage.
    [32 Stat., 268.]
    Ante, p. 89.
Chap. 888 Mille Lac Reservation, Minn. Payment to Indians removing.
    1889, ch. 24, ante, p. 301.
Chap. 888 Provisos. Indians permitted to remain.
Chap. 888 Action by council of Indians.

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Chapter 888
    May 27, 1902. | 32 Stat., 245.
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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, nineteen hundred and three, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,


That the Secretary of the Treasury is hereby authorized and directed to place upon the books of the Treasury to the credit of the Muscogee or Creek tribes the sum of nine hundred and ninety-nine thousand three hundred and sixty-eight dollars, being in full for the permanent annuities guaranteed them by the treaties of August seventh, seventeen hundred and ninety, June sixteenth, eighteen hundred and two, January twenty-fourth, eighteen hundred and twenty-six, August seventh, eighteen hundred and fifty-six, and June fourteenth, eighteen hundred and sixty-six, to be added to the Creek general fund already to the credit of said nation, and to draw interest at five per centum per annum until drawn out of the Treasury for the purpose named in the agreement with the Muscogee or Creek tribe of Indians ratified by Act of March first, nineteen hundred and one.


For the support and civilization of the Mission Indians in California, one hundred thousand dollars, to be immediately available: Provided, That out of said sum the Secretary of the Interior be, and he is hereby, authorized to purchase a suitable tract of land in southern California and to locate thereon such Mission Indians heretofore residing or belonging to the Rancho San Jose del Valle, or Warners Ranch, in San Diego County, California, and such other Mission Indians as may not be provided with suitable lands elsewhere, as the Secretary of the Interior may see fit to locate thereon. And the Secretary of the Interior may at any time, in his discretion, cause the land so purchased to be allotted in severalty to the Indians located thereon, under the provisions of the Act of Congress entitled “An Act to provide for the allotment of land in severalty to the Indians on the various reservations and to extend the protection of the laws of the United States and Territories over the Indians, and for other purposes,” approved February eighth, eighteen hundred and eighty-seven: Provided, That such allotments shall be made in such quantities and to such classes as he may deem expedient: Provided further, That of said amount a sum not exceeding thirty thousand dollars may be expended, under the direction of the Secretary of the Interior, in the removal of said Indians to the said tract, and in the purchase of such building mate-

{Page 751}

rials, agricultural implements, harness, subsistence supplies, and other necessaries, as may be required to properly establish the Indians at their new location: Provided, That the Secretary of the Interior shall appoint an advisory commission, consisting of three persons, who shall serve without compensation, to aid in the selection of said tract of land, and who shall make their final report and recommendation to the Secretary of the Interior within ninety days after such appointment. And the sum of one thousand dollars, or so much thereof as may be necessary, may be used out of the appropriation herein made for the purpose of paying the expenses of such commission.


To pay all expenses incident to the survey, platting, and appraisement of town sites in the Choctaw, Chickasaw, Creek, and Cherokee nations, Indian Territory, as required by sections fifteen and twenty-nine of an Act entitled “An Act for the protection of the people of the Indian Territory, and for other purposes,” approved June twenty-eighth, eighteen hundred and ninety-eight, and all Acts amendatory thereof or supplemental thereto, fifty thousand dollars: Provided, That hereafter the Secretary of the Interior may, whenever the chief executive of the Choctaw or Chickasaw nations fails or refuses to appoint a town-site commissioner for any town, or to fill any vacancy caused by the neglect or refusal of the town-site commissioner, appointed by the chief executive of the Choctaw or Chickasaw nations to qualify or act, in his discretion, appoint a commissioner to fill the vacancy thus created: Provided further, That the limits of such towns in the Cherookee, Choctaw, and Chickasaw nations having a population of less than two hundred people, as in the judgment of the Secretary of the Interior should be established, shall be defined as early as practicable by the Secretary of the Interior in the same manner as provided for towns having over two hundred people under existing law, and the same shall not be subject to allotment. That the land so segregated and reserved from allotment shall be disposed of, in such manner as the Secretary of the Interior may direct, by a town-site commission, one member to be appointed by the Secretary of the Interior and one by the executive of the nation in which such land is located; proceeds arising from the disposition of such lands to be applied in like manner as the proceeds of other lands in town sites.


That the Secretary of the Interior be, and he is hereby, authorized and directed to cause to be allotted, under the provisions of the Act of Congress approved February eighth, eighteen hundred and eighty-seven, entitled “An Act to provide for the allotment of lands in severalty to Indians on various reservations, and to extend the protection of the laws to the United States and the Territories over the Indians, and for other purposes,” as amended by the Act approved February twenty-eighth, eighteen hundred and ninety-one, to each and every child born of a recognized member of any of the tribes of Indians located on the Klamath Reservation in Oregon since the completion of allotments to said tribes, eighty acres of agricultural or one hundred and sixty acres of grazing land within the reservation of said tribes.


That the Secretary of the Interior be, and he is hereby, directed to allot from the land on the Walker River Reservation in Nevada susceptible of irrigation by the present ditches or extensions thereof twenty acres to each head of a family residing on said reservation, the remainder of such irrigable land to be allotted to such Indians on said reservation as the Secretary of the Interior may designate, not exceeding twenty acres each; and when a majority of the heads of families on said reservation shall have accepted such allotments and consented

{Page 752}

to the relinquishment of the right of occupancy to land on said reservation which can not be irrigated from existing ditches and extensions thereof and land which is not necessary for dwellings, school buildings or habitations for the members of said tribe, such allottees who are heads of families shall receive the sum of three hundred dollars each to enable them to commence the business of agriculture, to be paid in such manner and at such times as may be agreed upon between said allottees and the Secretary of the Interior. And when such allotments shall have been made, and the consent of the Indians obtained as aforesaid, the President shall, by proclamation, open the land so relinquished to settlement, to be disposed of under existing laws. And the money necessary to pay said Indians is hereby appropriated out of any money in the Treasury not otherwise appropriated.


For compensation of the commissioners authorized by the Indian appropriation Act approved June seventh, eighteen hundred and ninety-seven, to superintend the sale of land, and so forth, of the Puyallup Indian Reservation, Washington, who shall continue the work as therein provided, two thousand dollars.


That the following sums, placed upon the books of the Treasury by the Indian appropriation Act of March third, nineteen hundred and one (Thirty-first Statutes at Large, pages one thousand and sixty-two and one thousand and sixty-eight), to the credit of the tribes named, being in full for permanent annuities guaranteed by treaties to said tribes, shall draw interest at the rate of five per centum per annum from the following dates, namely: Chickasaw national fund, sixty thousand dollars, from July first, nineteen hundred and one; Seneca fund, seventy-three thousand eight hundred dollars, from July first, nineteen hundred and two; Eastern Shawnee fund, twenty thousand six hundred dollars, from July first, nineteen hundred and two: Provided, That the Secretary of the Interior be, and he is hereby, directed to pay, per capita, immediately upon the passage of this Act, to the members of the Eastern Shawnee and Seneca tribes of Indians entitled thereto, all moneys placed to the credit of said tribes upon the books of the Treasury and all trust funds held for said tribes by the Government in lieu of investments: Provided, That the Secretary of the Treasury be, and he is hereby, authorized and directed to place in the sub-treasury at Saint Louis, Missouri, to the credit of the national treasurer of the Chickasaw Nation the balance of the said Chickasaw national fund after deducting the ten thousand dollars appropriated out of said fund for the aid of certain indigent Chickasaws. And the Act of the councils of the Eastern Shawnee and of the Seneca nations, or tribes of the Indian Territory “Providing for the allotment of lands to certain minor children and for other purposes,” passed, respectively on the second day of December, nineteen hundred and one, and the eighth day of January, nineteen hundred and two, are hereby ratified and approved.

That so much of the Act approved March second, eighteen hundred and eighty-nine, entitled “An Act to provide for the allotment of land in severalty to United Peorias and Miamies in Indian Territory, and for other purposes,” which inhibits the sale of their surplus lands for twenty-five years from said date, be, and the same is hereby, repealed: Provided, That before any distribution per capita shall be made of the proceeds of any sale thereof among said Western Miami Indians, there shall first be paid such sum or sums as the Secretary of the Interior may determine to be due for services rendered or expenses incurred by any of the delegates or officers of said Western Miami tribe since the thirty-first day of March, eighteen hundred and ninety.


{Page 753}

That the Secretary of the Interior, with the consent thereto of the majority of the adult male Indians of the Uintah and the White River tribes of Ute Indians, to be ascertained as soon as practicable by an inspector, shall cause to be allotted to each head of a family eighty acres of agricultural land which can be irrigated and forty acres of such land to each other member of said tribes, said allotments to be made prior to October first, nineteen hundred and three, on which date all the unallotted lands within said reservation shall be restored to the public domain: Provided, That persons entering any of said land under the homestead law shall pay therefor at the rate of one dollar and twenty-five cents per acre: And provided further, That nothing herein contained shall impair the rights of any mineral lease which has been approved by the Secretary of the Interior, or any permit heretofore issued by direction of the Secretary of the Interior to negotiate with said Indians for a mineral lease; but any person or company having so obtained such approved mineral lease or such permit to negotiate with said Indians for a mineral lease on said reservation, pending such time and up to thirty days before said lands are restored to the public domain as aforesaid, shall have in lieu of such lease or permit the preferential right to locate under the mining laws not to exceed six hundred and forty acres of contiguous mineral land, except the Raven Mining Company, which may in lieu of its lease locate one hundred mining claims of the character of mineral mentioned in its lease; and the proceeds of the sale of the lands so restored to the public domain shall be applied, first, to the reimbursement of the United States for any moneys advanced to said Indians to carry into effect the foregoing provisions; and the remainder, under the direction of the Secretary of the Interior, shall be used for the benefit of said Indians. And the sum of seventy thousand and sixty-four dollars and forty-eight cents is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, to be paid to the Uintah and the White River tribes of Ute Indians, under the direction of the Secretary of the Interior, whenever a majority of the adult male Indians of said tribes shall have consented to the allotment of lands and the restoration of the unallotted lands within said reservation as herein provided.

Said item of seventy thousand and sixty-four dollars and forty-eight cents to be paid to the Uintah and White River Utes covers claims which these Indians have made on account of the allotment of lands on the Uintah Reservation to Uncompahgre Indians and for which the Government has received from said Uncompahgre Indians money aggregating sixty thousand and sixty-four dollars and forty-eight cents; and the remaining ten thousand dollars claimed by the Indians under an Act of Congress detaching a small part of the reservation on the east and under which Act the proceeds of the sale of the lands were to be applied for the benefit of the Indians.


That the Secretary of the Interior be, and he is hereby, authorized and directed to investigate the claims of the members of the Lower Brule band of Sioux Indians for loss of property resulting from their forcible removal from their homes south of White River, in South Dakota, in the year eighteen hundred and ninety-three, and to determine what amounts they may be justly and equitably entitled to for the loss of such property, and to certify the same to the Secretary of the Treasury; and the Secretary of the Treasury is hereby authorized and directed to pay such sums so certified to him by the Secretary of the Interior to members of the Lower Brule band of Indians as aforesaid. And the sum of one thousand five hundred dollars, or so much thereof as may be necessary is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for this purpose.

{Page 754}

That the Secretary of the Interior is hereby authorized, with the consent of the tribe, to distribute the cattle belonging to the Crow tribe, known as the “common herd” and held as such under the ninth article of the agreement with said tribe of December eighth, eighteen hundred and ninety, ratified by the Act of March third, eighteen hundred and ninety-one (Twenty-sixth Statutes, ten hundred and forty-one), among the members of said tribe, to be held by them as individuals in the same manner as their other individual stock is held, after which the common herd shall cease to exist. The Secretary of the Interior is also authorized to distribute among the tribe per capita all of the money due or to become due said Indians from sales from the common herd, known as the “Crow herd fund”: Provided, That the distribution of the cattle and payment of the money shall be made at such time and under such regulations as the Secretary of the Interior in his discretion may prescribe. That the funds now in the Treasury of the United States to the credit of the Crow Indians in Montana, or any portion of it, may, with the consent of the tribe, be used by the Secretary of the Interior, in his discretion, in the purchase of stock cattle to be distributed among the members of the tribe under such regulations as he may prescribe.

That the Secretary of the Interior be, and he is hereby, authorized and empowered, under general regulations to be fixed by him, to permit the use of the right of way through the allotted lands of the Southern Ute Indians in Colorado for irrigating ditches to the extent of the ground occupied by the water in said ditches and such number of feet on each side of the marginal limits thereof as may be necessary in maintaining and operating the ditches: Provided, That no application for such right of way shall be granted unless accompanied by the consent, in writing, of the allottee or allottees whose land may be affected thereby.

That the Secretary of the Interior shall make investigation as to the practicability of providing a water supply for irrigation purposes to be used on a portion of the reservation of the Southern Utes in Colorado, and he is authorized, in his discretion, to contract for and to expend from the funds of said Southern Utes in the purchase of perpetual water rights sufficient to irrigate not exceeding ten thousand acres on the western part of the Southern Ute Reservation and for annual charges for maintenance of such water thereon such amount and upon such terms and conditions as to him may seem just and reasonable, not exceeding one hundred and fifty thousand dollars for the purchase of such perpetual water rights and not exceeding a maximum of fifty cents per acre per annum for the maintenance of water upon the land to be irrigated: Provided, That after such an investigation he shall find all the essential conditions relative to the water supply and to the perpetuity of its availability for use upon said lands such as in his judgment will justify a contract for its perpetual use: Provided further, That the Secretary of the Interior, upon making all such contracts, shall require from the person or persons entering upon such contract a bond of indemnity, to be approved by him, for the faithful and continuous execution of such contract as provided therein.

That the mineral lands only in the Spokane Indian Reservation, in the State of Washington, shall be subject to entry under the laws of the United States in relation to the entry of mineral lands: Provided, That lands allotted to the Indians or used by the Government for any purpose or by any school shall not be subject to entry under this provision.


That the Secretary of the Interior may, in his discretion, pay per capita to the Omaha Indians entitled thereto the sum of one hundred thousand dollars from their principal now to their credit in the Treasury of the United States and derived from the sale of their lands in

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Nebraska under section three of the act of Congress approved August seventh, eighteen hundred and eighty-two (Twenty-second Statutes, page three hundred and forty-one), under such regulations as may be prescribed by him.

That the Secretary of the Interior may, in his discretion, pay per capita to the Iowa Indians, who are under the care of the agent of the Pottawatomie and Great Nemaha Reservation, in the State of Kansas, entitled thereto, the sum of seventy-eight thousand dollars from their principal now to their credit in the Treasury of the United States.

That the Secretary of the Interior may, in his discretion, pay per capita to the Sac and Fox Indians of Missouri, who are under the care of the agent of the Pottawatomie and Great Nemaha Reservation, in the State of Kansas, entitled thereto, the sum of seventy-nine thousand dollars from their principal now to their credit in the Treasury of the United States.

That of the principal sum of one hundred and sixty-eight thousand three hundred and thirty-five dollars and ten cents now in the Treasury of the United States to the credit of the Sioux Indians of the Crow Creek Reservation in South Dakota, drawing interest at four per centum per annum, sixty thousand dollars may be used for the purchase of stock cattle, twenty-five thousand dollars may be paid pro rata in cash, and eighty-three thousand three hundred and thirty-five dollars and ten cents may be used in the purchase of cattle fence wire, in the construction of storage reservoirs, in the improvement of their allotments, and in any other manner that will best promote their welfare and civilization, all in the discretion of the Secretary of the Interior.


The Secretary of the Interior is hereby authorized and directed to pay, under such regulations as he may prescribe, to the Chippewa Indians of Minnesota entitled thereto, the money now to their credit in the Treasury of the United States derived from stumpage on dead and down timber cut on ceded Indian lands under the act of June seventh, eighteen hundred and ninety-seven (Thirtieth Statutes, page ninety).

For payment to the Indians occupying the Mille Lac Indian Reservation, in the State of Minnesota, the sum of forty thousand dollars, or so much thereof as may be necessary, to pay said Indians for improvements made by them, or any of them, upon lands occupied by them on said Mille Lac Indian Reservation, said payment to be made upon investigation, examination, and appraisement by the Secretary of the Interior, upon condition of said Indians removing from said Mille Lac Reservation: Provided, That any Indian who has leased or purchased any Government subdivision of land within said Mille Lac Reservation from or through a person having title to said land from the Government of the United States shall not be required to move from said reservation, but shall be entitled to the benefits of said appropriation to all intents and purposes as though they had removed from said reservation: And provided further, That this appropriation shall be paid only after said Indians shall, by proper council proceedings, have accepted the provisions hereof and declared the manner in which they wish the money disbursed; and said Indians upon removing from said Mille Lac Reservation shall be permitted to take up their residence and obtain allotments in severalty either on the White Earth Reservation or on any of the ceded Indian reservations in the State of Minnesota on which allotments are made to Indians.


Approved, May 27, 1902.


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