INDIAN AFFAIRS: LAWS AND TREATIES

Vol. III, Laws     (Compiled to December 1, 1913)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1913.


Home | Disclaimer & Usage | Table of Contents | Index

PUBLIC ACTS OF FIFTY–EIGHTH CONGRESS—SECOND SESSION, 1904.
CHAP. 160 | CHAP. 161 | CHAP. 505 | CHAP. 854 | CHAP. 855 | CHAP. 1402 | CHAP. 1484 | CHAP. 1489 | CHAP. 1492 | CHAP. 1493 | CHAP. 1495 | CHAP. 1606 | CHAP. 1620 | CHAP. 1624 | CHAP. 1630 | CHAP. 1762 | CHAP. 1767 | CHAP. 1786 | CHAP. 1787 | CHAP. 1794 | CHAP. 1806 | CHAP. 1816 | CHAP. 1819 | CHAP. 1820 | CHAP. 1822 | CHAP. 1824

Page Images


Chapter 1402
Sections 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9| 10 | 11 | 12 | 13 | 14 | 15 | 16| 17 | 18 | 19 | 20 | 21 | 22 | 23| 24 | 25 | 26 | 27

Margin Notes
Chap. 1402 Indian Department appropriations.
    33 Stat., 190.
Chap. 1402 Pay of agents.
Chap. 1402 Provisos. Not available for army officers on active list as agents.
Chap. 1402 School superintendents may act as agents.
Chap. 1402 Bond.
    33 Stat., 191.
Chap. 1402 Interpreters.
Chap. 1402 Inspectors.
Chap. 1402 Expenses.
Chap. 1402 Superintendent of schools.
Chap. 1402 Traveling, etc., expenses.
Chap. 1402 Provisos. Per diem.
Chap. 1402 Other duties.
Chap. 1402 Agency buildings.
Chap. 1402 Contingencies.
Chap. 1402 Proviso. Large per capita payments.
Chap. 1402 Special bond.
Chap. 1402 Citizen commission.
    16 Stat., 40, vol. 1, 11.
Chap. 1402 Rent.
Chap. 1402 Practical farmers.
    33 Stat., 192.
Chap. 1402 Proviso. Not included in limit for employees.
    30 Stat., 90, vol. 1, p. 89.
Chap. 1402 Indian police.
Chap. 1402 Judges of Indian courts.
Chap. 1402 Choctaw and Chickasaw citizenship court.
Chap. 1402 Contingent expenses.
Chap. 1402 Unexpended balance reappropriated.
    32 Stat., 648, vol. 1, p. 778.
Chap. 1402 Stenographers.
Chap. 1402 Traveling, etc., expenses.
Chap. 1402 Matrons to teach housekeeping.
Chap. 1402 Proviso. Not included in limit for employees.
    30 Stat., 90, vol. 1, p. 89.
Chap. 1402 Purchasing supplies, etc.
Chap. 1402 Transporting supplies.
Chap. 1402 Proviso. Location of warehouses.
Chap. 1402 Vaccination.
Chippewas—Miss. Schools.
    33 Stat., 193.
    16 Stat., 720, vol. 2, p. 974.
Choctaws Permanent annuities.
    Vol. 2, p. 706.
    Vol. 2, 709.
Choctaws Light horsemen.
    Vol. 2, 193.
    Vol. 2, 709.
Choctaws Blacksmith.
    Vol. 2, 192.
    Vol. 2, 213.
    Vol. 2, 709.
Choctaws Education.
Choctaws Iron and steel.
    Vol. 2, 213.
Choctaws Interest.
    Vol. 2, 213.
    Vol. 2, 709.
Chippewas—Minn. Advance interest.
    Vol. 1, 305.
Chippewas—Minn. Civilization, etc.
    1889, ch. 24.
    25 Stat., 642, vol. 1, p. 301.
    33 Stat., 194.
Chippewas—N.D. Agreement with the Turtle Mountain Band amended and ratified.
Chippewas—N.D Preamble.
Chippewas—N.D Maintenance of friendly relations.
Chippewas—N.D Cession of lands to the United States.
Chippewas—N.D Reservation.
Chippewas—N.D School, etc., lands.
Chippewas—N.D Survey and apportionment.
Chippewas—N.D Lands open to settlement.
Chippewas—N.D Expense of survey.
Chippewas—N.D Payment for lands ceded.
    33 Stat., 195.
Chippewas—N.D Proviso. Improvements.
Chippewas—N.D Schools.
Chippewas—N.D Alternate selection of homesteads.
Chippewas—N.D Proviso. Right of selection inalienable, etc.
Chippewas—N.D Lands nontaxable.
Chippewas—N.D Armed resistance a disbarment to benefits.
Chippewas—N.D Ratification. Agreement confirmed.
Chippewas—N.D Provisos. Majority vote of adult members.
Chippewas—N.D Appropriation.
Chippewas—N.D Release of all claims.
Chippewas—N.D Payments to attorneys.
    33 Stat., 196.
Chippewas—N.D Surveys, etc.
Coeur d’Alenes Coeur d’Alenes
    1891, ch. 543.
    26 Stat., 1028.
    Vol. 1, p. 421.
Crows Crows
    1882, ch. 74.
    22 Stat., 43.
    Vol. 1, p. 195.
Fort Hall Indians Fort Hall Indians
    1889, ch. 203.
    Vol. 1, p. 314.
    25 Stat., 688.
Blackfeet Blackfeet Agency
    1896, ch. 398.
    Vol. 1, p. 604
    29 Stat., 354.
Iowas Interest.
    Vol. 2, p. 628.
Kickapoos Interest.
    Vol. 2, p. 634.
Kickapoos Payment to estate of deceased Indian.
    33 Stat., 197.
    1886, ch. 897.
    Vol. 1, p. 242.
    24 Stat., 219.
Molels Schools.
    Vol. 2, 740.
Cheyennes & Arapahoes Subsistence, etc.
    1877, ch. 72.
    Vol. 1, p. 168.
    19 Stat., 256.
Cheyennes & Arapahoes Physician, etc.
    Vol. 2, 1014.
Osages Interest.
    Vol. 2, 217.
Pawnees Annuity.
    Vol. 2, 764.
Pawnees Iron and steel, etc.
Pawnees Proviso. Certificate of the President.
Pottawatomies Annuities.
    Vol. 2, 41.
    Vol. 2, 101.
    Vol. 2, 168.
    33 Stat., 198.
    Vol. 2, 294.
    Vol. 2, 298.
    Vol. 2, 294.
    Vol. 2, 294.
    Vol. 2, 559.
    Vol. 2, 298.
    Vol. 2, 558.
Pottawatomies Interest.
Quapaws Education.
   Vol. 2, 396.
Quapaw Proviso. Certificate of the President.
Sacs & Foxes—Miss. Annuity.
    Vol. 2, 75.
Sacs & Foxes—Miss. Interest.
    Vol. 2, 495.
    Vol. 2, 546.
Sacs & Foxes—Miss. Proviso. Physician, etc.
Sacs & Foxes—Missouri Interest.
    Vol. 2, 495.
Sacs & Foxes—Missouri School.
    Vol. 2, 812.
Sacs & Foxes—Missouri Proviso. Certificate of the President.
Seminoles Interest.
    Vol. 2, 760.
    33 Stat., 199.
    Vol. 2, 911.
Senecas—N.Y. Annuity.
Senecas—N.Y. Interest.
Six Nations—N.Y. Annuity.
Shoshones & Bannocks Shoshones. Physician, etc.
    Vol. 2, 1023.
    Vol. 2, 1022.
Shoshones & Bannocks Bannocks. Physician, etc.
Sioux Teachers, etc.
    Vol. 2, 1002.
    Vol. 2, 1000.
Sioux Employees.
Sioux Subsistence.
    1877, ch. 72, vol. 1, p. 168.
Sioux Provisos. Transportation.
    33 Stat. 200.
Sioux Rations.
Sioux Unexpended balance available.
Sioux Schools, etc.
    1889, ch. 405, 25 Stat., 894, vol. 1, p. 335.
Sioux, Yankton Tribe Sioux, Yankton Tribe
    Vol. 2, 777.
Sioux, Yankton Tribe Subsistence.
    19 Stat., 287.
Sioux, Yankton Tribe Immediately available.
Spokanes Blacksmith, etc.
    1892, ch. 164, 27 Stat., 139, vol. 1, p. 449.
Utes Carpenters, etc.
    Vol. 2, 858.
    Vol. 2, 993.
Utes Food.
Utes Employees.
Winnebagoes Interest.
    Vol. 2, 498.
Winnebagoes Purchase of stock, etc.
    33 Stat., 201.
Winnebagoes Per capita payments to certain tribes.
Winnebagoes Provisos. Retention for schools, etc.
Winnebagoes Shares of minors, etc., to be paid to parents, etc.
Winnebagoes Names of tribes.
Winnebagoes Sioux at Flandreau, S. Dak. Payment to.
    1889, ch. 405, 25 Stat., 895, vol. 1, p. 335.
Winnebagoes Proviso. Payments may be withheld.
Winnebagoes Wichita and affiliated bands.
Winnebagoes Payments to former members of.
Winnebagoes School land, etc., fund.
    33 Stat., 202.
Winnebagoes Oregon. Indemnity school lands confirmed to.
    1896, ch. 398, 29 Stat., 342.
Winnebagoes Proviso. Evidence.
Misc. Supports Apaches, Kiowas, Comanches, Wichitas, etc.
Misc. Supports Arapahoes and Cheyennes.
Misc. Supports Chippewas, Lake Superior.
Misc. Supports Chippewas, Turtle Mountain band.
Misc. Supports Confederated tribes, middle Oregon.
Misc. Supports Crows.
Misc. Supports D’Wamish, etc., Wash.
Misc. Supports Flatheads, etc.
Misc. Supports Apaches, etc., Arizona and New Mexico.
Misc. Supports Provisos. Unexpended balance available.
Misc. Supports Correction.
    1903, ch. 994; 32 Stat., 992.
Misc. Supports Fort Hall Indians.
Misc. Supports Fort Berthold Indians.
    33 Stat., 203.
Misc. Supports Fort Peck Indians.
Misc. Supports Lemhi Agency Indians.
Misc. Supports Klamath Agency Indians.
Misc. Supports Kansas.
Misc. Supports Kickapoos.
Misc. Supports Makahs.
Misc. Supports Nez Perce, Joseph’s band.
Misc. Supports Pima Agency Indians.
Misc. Supports Poncas.
Misc. Supports Qui-nai-elts and Quilleh-utes.
Misc. Supports Shoshones, Wyo.
Misc. Supports Shoshones, Nev.
Misc. Supports Sioux, Devils Lake.
Misc. Supports Walla Walla, Cayuse, and Umatillas.
Misc. Supports Yakimas.
General Expenses Arizona.
General Expenses California.
General Expenses Colorado.
General Expenses Idaho.
General Expenses Indian Territory.
General Expenses Montana.
General Expenses Nevada.
    33 Stat., 204.
General Expenses New Mexico.
General Expenses North Dakota.
General Expenses Oregon.
General Expenses South Dakota.
General Expenses Utah.
General Expenses Washington.
General Expenses Wyoming.
Miscellaneous Commission to Five Civilized Tribes.
    Vol. 1, p. 79, note.
Miscellaneous Commission to terminate July 1, 1905.
Miscellaneous Provisos. Powers to continue.
Miscellaneous Sale of unallotted Creek lands.
    Repealed, 1905, ch. 1479, 33 Stat., 1072, post, p. 149.
Miscellaneous Removal of alienation restrictions.
Miscellaneous Exceptions.
Miscellaneous Records.
Miscellaneous Expenses of commissioners, etc.
    33 Stat., 205.
Miscellaneous Proviso. Use of appropriation.
Miscellaneous Prior allotments, Cherokee Nation.
Miscellaneous Proviso. Lands of Delawares.
Miscellaneous Town-site surveys, etc., Indian Territory.
    1898, ch. 517, 30 Stat., 500 vol. 1, p. 96.
Miscellaneous Proviso. Time of completion.
Miscellaneous Roads.
    1902, ch. 1323, 32 Stat., 502, vol. 1, p. 763.
    1902, ch. 1375, 32 Stat., 722, vol. 1, p. 793.
Miscellaneous Possession of allotments, Indian Territory.
Miscellaneous Proviso. Payment restriction.
Miscellaneous Delaware-Cherokee citizens. Allotment rights of.
Miscellaneous Sale of improvements.
Miscellaneous Vendor’s lien.
Miscellaneous Proviso. Vendor’s rights in growing crops.
Miscellaneous Application for improved land.
Miscellaneous Clerical, etc., expenses.
Miscellaneous R. I. Rea. Payment to.
    33 Stat., 206.
Miscellaneous Proviso. In settlement of all claims.
Miscellaneous Kaw Indians. Allotment expenses.
Miscellaneous Wenatchi Indians. Removal to the Colville Reservation.
    1902, ch. 888, 32 Stat., 260, vol. 1, p. 751.
Miscellaneous Proviso. Expenses of delegation to Washington, D.C.
Miscellaneous Cherokee Nation. Payment to intruders for improvements.
Miscellaneous Allotments.
    1887, ch. 119; 24 Stat., 388; vol. 1, p. 33.
Miscellaneous Patents.
Miscellaneous Physician, New York Agency.
Miscellaneous Irrigation.
Miscellaneous Proviso. Irrigation engineers.
Miscellaneous Surveying and allotting.
Miscellaneous Pine Ridge Reservation, S. Dak. Surveys.
Miscellaneous Omaha, Nebr. Warehouse.
    33 Stat., 207.
Miscellaneous Saint Louis, Mo. Warehouse.
Miscellaneous San Francisco, Cal. Warehouse.
Miscellaneous Louisiana Purchase Exposition. Indian exhibit.
    31 Stat., 1442.
Miscellaneous Appropriation.
Miscellaneous Limit to expenditures.
Miscellaneous Sioux Indian Reservation, Dak. Allotments.
    1889, ch. 405, 25 Stat., 888, vol. 1, p. 328.
Miscellaneous Canton, S. Dak. Asylum for insane Indians.
Miscellaneous Pueblo Indians, New Mexico. Attorney.
Miscellaneous Uintah Reservation, Utah. Time of opening unallotted lands extended.
    1902, ch. 888, 32 Stat., 263, vol. 1, p. 753.
    1903, ch. 994, 32 Stat., 998, ante, p. 18.
    1905, ch. 1479, 33 Stat., 1069, post, p. 146.
    33 Stat., 208.
Miscellaneous New York Indians. Deduction from appropriation to pay judgment of Court of Claims in favor of.
    1900, ch. 14; 31 Stat., 27.
Miscellaneous Indian Territory. Sale of lands covered by coal, etc., leases.
Miscellaneous Surrender of leases.
Miscellaneous Notice.
Miscellaneous Provisos. Payment of royalty.
Miscellaneous Removal, etc., of machinery, etc.
Miscellaneous Osage Indians. Payment from grazing fund to licensed Indian traders.
Miscellaneous Proviso. Reimbursement.
Miscellaneous Shawnee and Delaware Indians.
Miscellaneous Claims, etc., of intermarried whites.
Miscellaneous Jurisdiction of Court of Claims extended to.
    1890, ch. 1249, 26 Stat., 636, vol. 1, p. 372.
Miscellaneous Attorney’s fees.
Miscellaneous J. Hale Sypher. Claim referred Court of Claims.
   1905, ch. 1479, 33 Stat., 1063, post, p. 139.
    33 Stat., 209.
    R. S., sec. 2103, vol. 1, p. 11.
Miscellaneous Report.
Miscellaneous Choctaw and Chickasaw Indians. Sale of unleased lands.
    1902, ch. 1362, sec. 59, 32 Stat., 654, vol. 1, p. 784.
Miscellaneous Proviso. Commission.
Miscellaneous Expenses of sale.
Miscellaneous Proviso. Leased lands.
Miscellaneous Darius B. Randall. Payment to heirs of.
Miscellaneous Devils Lake, N. Dak. Telephone.
Miscellaneous Fond du Lac Indians. Payment for supplies furnished.
    1896, ch. 398, 29 Stat., 325, vol. 1, p. 597.
Miscellaneous Chippewa Indians, Minn. Disposal of timber on allotments of.
    33 Stat., 210.
Miscellaneous Allotments of minors.
Miscellaneous White Pine County, Nev. Payment to.
Miscellaneous William M. Springer. Payment to executor of estate of.
Miscellaneous Pottawatomie Indians, Mich. Payment to.
    Pamtopee v. U. S. 36 C. Cls., 430.
    1905, ch. 1479, 33 Stat, 1072, post, p. 149.
    33 Stat., 211.
Miscellaneous Coeur d’Alene Indians, Idaho. Survey of lands to be alloted to.
Miscellaneous Camp McDowell Indian Reservation, Ariz. Purchase of claims of settlers on.
Miscellaneous Exchange of private lands.
Indian Schools Support, etc.
Indian Schools Buildings, etc.
Indian Schools Proviso. Discontinuance of schools, etc.
Indian Schools Albuquerque, N. Mex. Purchase of additional agricultural lands.
Indian Schools Limit.
    33 Stat., 212.
Indian Schools Chamberlain, S. Dak.
Indian Schools Cherokee, N.C.
Indian Schools Carlisle, Pa.
Indian Schools Carson City, Nev.
Indian Schools Chilocco, Okla.
Indian Schools Flandreau, S. Dak.
Indian Schools Fort Mojave, Ariz.
Indian Schools Fort Totten, N. Dak.
Indian Schools Genoa, Nebr.
    33 Stat., 213.
    1902, ch. 755, 32 Stat., 270.
Indian Schools Grand Junction, Colo.
Indian Schools Proviso. Pupil labor.
Indian Schools Hampton, Va.
Indian Schools Hayward, Wis.
Indian Schools Kickapoo Reservation, Kans.
Indian Schools Lawrence, Kans.
Indian Schools Morris, Minn.
Indian Schools Mount Pleasant, Mich.
Indian Schools Phoenix, Ariz.
    33 Stat., 214.
Indian Schools Pierre, S. Dak.
Indian Schools Proviso. Sale of school farm.
Indian Schools Pipestone, Minn.
Indian Schools Rapid City, S. Dak.
Indian Schools Riverside, Cal.
Indian Schools Proviso. Indian school, Perris, Cal.
Indian Schools Salem, Oreg.
Indian Schools Sac and Fox Reservation, Iowa.
Indian Schools Santa Fe, N. Mex.
    33 Stat., 215.
Indian Schools Shoshone Reservation, Wyo.
Indian Schools Southern Utah.
Indian Schools Tomah, Wis.
Indian Schools Truxton Canyon, Ariz.
Indian Schools Cherokee, Creek, Choctaw, etc., Indians. Maintenance, etc., of tribal schools.
Indian Schools Wahpeton, N. Dak. Establishment of agricultural school.
Indian Schools Proviso. Instruction in farming, etc.
Indian Schools Elko County, Nev., School.
    1902, ch. 8883, 2 Stat., 270.
Indian Schools Transportation.
    32 Stat., 216.
Indian Schools Supervision of expenditures.
Indian Schools Provisos. Limit of per capita expense.
Indian Schools Total for school.
Indian Schools Determination of per capita allowance.
Indian Schools Laundry work.
Sec. 2 Purchase of supplies to be advertised.
Sec. 2 Exceptions.
Sec. 2 Provisos. Irrigation.
Sec. 2 Purchases in open market.
Sec. 3 Use of surplus for subsistence deficiencies.
Sec. 3 Provisos. Report of diversions.
Sec. 3 Purchase of stock cattle from subsistence surplus.
    33 Stat., 217.
Sec. 3 Treaty funds.
Sec. 4 Transfer of funds for employees, etc.
Sec. 5 Rejection of bids.
Sec. 5 Open market purchases.
Sec. 5 Proviso. Amount for supplies immediately available.
Sec. 6 Annual report concerning employees.
Sec. 7 Restriction.
Sec. 8 Ponca, Otoe, and Missouria Indians. Allotments to children.
    1887, ch. 119, 24 Stat., 388, vol. 1, p. 33.
    1891, ch. 383, 26 Stat., 794, vol. 1, p. 56.
Sec. 8 Disposal of unallotted lands.
    33 Stat., 218.
Sec. 8 Provisos. Reservation.
Sec. 8 Lands attached to counties, Oklahoma.
Sec. 8 Kay County.
Sec. 8 Noble County.
Sec. 8 Pawnee County.
Sec. 9 Special disbursing agents abolished.
    1895, ch. 290, 28 Stat., 910, vol. 1, p. 76.
Sec. 10 Santee Agency, Nebr. Joseph M. Campbell. Patent in fee to.
Sec. 10 Stephen Blacksmith. Patent in fee to.
Sec. 10 Creek Nation, Ind. T. Removal of sale restrictions.
Sec. 10 Tulsa Harjo.
    33 Stat., 219.
Sec. 10 Salina Emarthla.
Sec. 10 Susie Buckner.
Sec. 10 Okchun Emarthla.
Sec. 10 Taxes.
Sec. 11 Edgar Hendrix. Sale by, permitted.
Sec. 12 Colville River Indians. Sale of drainage right of way permitted.
Sec. 12 Zonee Adams. Patent in fee to.
Sec. 13 James N. Jones. Sale permitted.
Sec. 14 Amanda C. Hines, John W. Hines, etc. Restrictions on land sales removed.
Sec. 15 William A. Trousdale. Patent in fee to.
Sec. 16 George J. Lemmon. Patent in fee to.
    33 Stat., 220.
Sec. 17 Nellie H. Davis. Patent in fee to.
Sec. 18 Sulphur, Ind. T. Additional land for reservation.
Sec. 18 Description.
Sec. 18 Price per acre.
    1902, ch. 1362, sec. 64, 32 Stat., 655, vol. 1, p. 785.
Sec. 18 Appropriation.
Sec. 18 Improvements.
Sec. 18 Management, control, etc.
Sec. 18 Provisos. Enforcement of regulations.
Sec. 18 Sale of improvements.
    33 Stat., 221.
Sec. 18 Violation of regulations.
Sec. 18 Penalty.
Sec. 18 Appraisement and purchase of town lots.
Sec. 18 Appropriation.
Sec. 18 Time limit for appraisal.
Sec. 19 Seymour W. Hollister. Reimbursement.
Sec. 20 R. O. Evans & Co. Payment to.
Sec. 21 Mary Matthews. Payment to.
    1902, ch. 888, 32 Stat., 257, Vol. 1, p. 750.
Sec. 21 Chippewa Indians. Payment of certain treaty funds to.
    33 Stat., 222.
Sec. 21 Proviso. Attorneys’ fees.
    R. S., sec. 2103, vol. 1, p. 11.
Sec. 21 Delaware Indians in Cherokee Nation. Payment to.
Sec. 21 Proviso. To satisfy all claims.
Sec. 21 Discontinuance of suits.
Sec. 22 Boone, Estella, and Joseph Chandler. Patents in fee to.
Sec. 23 Nora G. Hazlett. Patent in fee to.
Sec. 23 Frank A. A. Robertson, etc. Patents in fee to.
Sec. 23 Louisa Melot. Approval of deed to.
Sec. 23 Mark Burns. Sale restrictions removed.
Sec. 23 Kiowa, Comanche, and Apache Indians. Patents in fee to certain allottees.
Sec. 23 Quapaw Indian Agency. Sale restrictions removed from certain allottees.
Sec. 23 Exchange of lands in Kiowa allotment.
Sec. 24 United States courts, Ind. T. Payment of balance due deputy clerks for salaries.
    33 Stat., 224.
Sec. 24 Salaries rated.
    1895, ch. 145, sec. 3, 28 Stat., 695. Vol. 1, p. 72.
Sec. 24 Provisos. Compensation in fees.
    1903, ch. 707, 32 Stat. 842, ante, p. 8.
Sec. 24 Clerk’s fees for recording, etc., in certain towns limited to $2,500.
Sec. 25 Yuma and Colorado River Reservations. Reclamation and disposal of irrigable lands in.
    1902, ch. 1093, 32 Stat., 388, post, 492.
Sec. 25 Diversion of Colarado River authorized.
Sec. 25 Provisos. Allotment.
Sec. 25 Price per acre.
Sec. 25 Installment payments. Disposal of proceeds.
    33 Stat., 225.
Sec. 26 Pyramid Lake Indian Reservation, Nev. Reclamation and disposal of irrigable lands in.
    32 Stat., 388.
Sec. 26 Provisos. Allotment.
Sec. 26 Price per acre.
Sec. 26 Installment payments. Disposal of proceeds.
Sec. 27 Bismark, N. Dak. Location of school changed from Mandan to.
    1901, ch. 832, 31 Stat., 1078.
    Vol. 1, 761.

{Page 35}

Chapter 1402
    Apr. 21, 1904. [H. R. 12684.] | [Public, No. 125.] 33 Stat., 180.
Page Images

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 five, 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 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, and in full compensation for all offices the salaries for which are specially provided for herein, for the service of the fiscal year ending June thirtieth, ninteen hundred and five, and for fulfilling treaty stipulations with various Indian tribes, namely:

CURRENT AND CONTINGENT EXPENSES.

For pay of twenty-three agents of Indian affairs at the following named agencies, at the rates respectively indicated, namely:
      At the Blackfeet Agency, Montana, one thousand eight hundred dollars;
      At the Cheyenne River Agency, South Dakota, one thousand eight hundred dollars;
      At the Colville Agency, Washington, one thousand five hundred dollars;
      At the Crow Agency, Montana, one thousand eight hundred dollars;
      At the Crow Creek Agency, South Dakota, one thousand six hundred dollars;
      At the Flathead Agency, Montana, one thousand five hundred dollars;
      At the Green Bay Agency, Wisconsin, one thousand eight hundred dollars;
      At the Kiowa Agency, Oklahoma Territory, one thousand eight hundred dollars;
      At the La Pointe Agency, Wisconsin, one thousand eight hundred dollars;

{Page 36}

      At the Leech Lake Agency, Minnesota, one thousand eight hundred dollars;
      At the Lower Brule Agency, South Dakota, one thousand four hundred dollars;
      At the New York Agency, New York, one thousand dollars;
      At the Osage Agency, Oklahoma Territory, one thousand eight hundred dollars;
      At the Pine Ridge Agency, South Dakota, one thousand eight hundred dollars;
      At the Rosebud Agency, South Dakota, one thousand eight hundred dollars;
      At the San Carlos Agency, Arizona, one thousand eight hundred dollars;
      At the Shoshone Agency, Wyoming, one thousand eight hundred dollars;
      At the Sisseton Agency, South Dakota, one thousand five hundred dollars;
      At the Standing Rock Agency, North Dakota, one thousand eight hundred dollars;
      At the Uintah and Ouray Agency, Utah (consolidated), one thousand eight hundred dollars;
      At the Union Agency, Indian Territory, three thousand dollars;
      At the White Earth Agency, Minnesota, one thousand eight hundred dollars;
      At the Yankton Agency, South Dakota, one thousand six hundred dollars;

In all, forty thousand one hundred dollars: Provided, That the foregoing appropriations shall not take effect nor become available in any case for or during the time in which any officer on the active list of the Army of the United States shall be engaged in the performance of the duties of Indian agent at any of the agencies above named: Provided further, That the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, may devolve the duties of any Indian agency or any part thereof upon the superintendent of the Indian training school located at such agency whenever in his judgment such superintendent can properly perform the duties of such agency. And the superintendent upon whom such duties devolve shall give bond as other Indian agents.

For payment of necessary interpreters, to be distributed in the discretion of the Secretary of the Interior, four thousand dollars; but no person employed by the United States and paid for any other service shall be paid for interpreting.

For pay of eight Indian inspectors, one of whom shall be an engineer competent in the location, construction, and maintenance of irrigation works, at two thousand five hundred dollars per annum each, twenty thousand dollars.

For traveling expenses of eight Indian inspectors, at three dollars per day when actually employed on duty in the field, exclusive of transportation and sleeping-car fare, in lieu of all other expenses now authorized by law, and for incidental expenses of inspection and investigation, including telegraphing and expenses of going to and going from the seat of government, and while remaining there under orders and direction of the Secretary of the Interior, for a period not to exceed twenty days, twelve thousand eight hundred dollars.

For pay of one superintendent of Indian schools, three thousand dollars.

For necessary traveling expenses of one superintendent of Indian schools, including telegraphing and incidental expenses of inspection and investigation, one thousand five hundred dollars: Provided, That he shall be allowed three dollars per day for traveling expenses when

{Page 37}

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.

For buildings and repairs of buildings at agencies and for rent of buildings for agency purposes and for water supply at agencies, sixty thousand dollars.

For contingencies of the Indian Service, including traveling and incidental expenses of Indian agents and of their offices, and of the Commissioner of Indian Affairs; also traveling and incidental expenses of special agents, at three dollars per day when actually employed on duty in the field, exclusive of transportation and sleeping-car fare, in lieu of all other expenses now authorized by law, and expenses of going to and going from the seat of government, and while remaining there under orders and direction of the Commissioner of Indian Affairs, for a period not to exceed twenty days; for pay of employees not otherwise provided for, and for pay of the five special agents, at two thousand dollars per annum each, sixty thousand dollars: Provided, That hereafter when it becomes necessary to make large per capita payments to Indians, the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, is hereby authorized to require any disbursing officer of the Indian Department to file a special bond in such amount as may be necessary to make such payment in one installment, the expenses incurred in procuring such special bond to be paid by the United States from this appropriation.

For expenses of the commission of citizens, serving without compensation, appointed by the President under the provisions of the act of April tenth, eighteen hundred and sixty-nine, four thousand dollars, of which amount a sum not to exceed three hundred dollars may be used by the commission for office rent.

To enable the Commissioner of Indian Affairs to employ practical farmers and practical stockmen, subject only to such examination as to qualifications as the Secretary of the Interior may prescribe, in addition to the agency farmers now employed, at wages not exceeding seventy-five dollars each per month, to superintend and direct farming and stock raising among such Indians as are making effort for self-support, one hundred and twenty-five thousand dollars: Provided, That the amounts paid said farmers and stockmen shall not come within the limit for employees fixed by the act of June seventh, eighteen hundred and ninety-seven (Thirtieth Statutes, page ninety).

For services of officers at fifteen dollars per month each, and privates at ten dollars per month each, of Indian police, to be employed in maintaining order and prohibiting illegal traffic in liquor on the several Indian reservations and within the Territory of Alaska, in the discretion of the Secretary of the Interior, for the purchase of equipments, and for the purchase of rations for policemen at nonration agencies, one hundred thousand dollars.

For compensation of judges of Indian courts, twelve thousand dollars.

To pay such contingent expenses of the Choctaw and Chickasaw citizenship court and such of its officers as the Secretary of the Interior may deem proper, and for rental of quarters, five thousand dollars, to be immediately available. And the unexpended balance of the appropriation for contingent expenses, as provided in the act of July first, nineteen hundred and two, of five thousand dollars remaining on the books of the Interior Department December thirty-first, nineteen hundred and three, amounting to one thousand one hundred and thirty-six dollars and twenty-five cents, to the credit of the Choctaw and Chickasaw citizenship court, is hereby reappropri–

{Page 38}

ated for the necessary expenses of the said court until December thirty-first, nineteen hundred and four.

For one stenographer to each of the three judges of the Choctaw and Chickasaw citizenship court, appointed by them, respectively, at one hundred dollars per month each from March third to June thirtieth, nineteen hundred and three, one thousand one hundred and eighty dollars and sixty-five cents; for traveling expenses and subsistence of said stenographers, the reporter, and the bailiff of said court, not to exceed three dollars per day each, one thousand five hundred dollars; in all, two thousand six hundred and eighty dollars and sixty-five cents, to be immediately available.

To enable the Commissioner of Indian Affairs to employ suitable persons as matrons to teach Indian girls in housekeeping and other household duties, at a rate not to exceed seventy dollars per month, and for furnishing necessary equipments, twenty-five thousand dollars: Provided, That the amounts paid said matrons shall not come within the limit for employees fixed by the act of June seventh, eighteen hundred and ninety-seven (Thirtieth Statutes, page ninety).

Telegraphing, and purchase of Indian supplies: To pay the expense of purchasing goods and supplies for the Indian Service, and pay of necessary employees; advertising, at rates not exceeding regular commercial rates; inspection, and all other expenses connected therewith, and for telegraphing, sixty thousand dollars.

For necessary expenses of transportation of such goods, provisions, and other articles for the various tribes of Indians provided for by this act, including pay and expenses of transportation agents and rent of warehouses, one hundred and ninety thousand dollars: Provided, That no portion thereof shall be expended for the location or maintenance of an Indian warehouse at any place other than San Francisco, Chicago, and New York City.

For pure vaccine matter and vaccination of Indians, five thousand dollars.

FULFILLING TREATY STIPULATIONS WITH AND SUPPORT OF INDIAN TRIBES.

CHIPPEWAS OF THE MISSISSIPPI.

For support of a school or schools upon said reservation, in accordance with third article of treaty of March nineteenth, eighteen hundred and sixty-seven, four thousand dollars: Provided, That the President of the United States deems the same necessary.

CHOCTAWS.

For permanent annuity, per second article of treaty of November sixteenth, eighteen hundred and five, and thirteenth article of treaty of June twenty-second, eighteen hundred and fifty-five, three thousand dollars;

For permanent annuity for support of light horsemen, per thirteenth article of treaty of October eighteenth, eighteen hundred and twenty, and thirteenth article of treaty of June twenty-second, eighteen hundred and fifty-five, six hundred dollars;

For permanent annuity for support of blacksmith, per sixth article of treaty of October eighteenth, eighteen hundred and twenty, ninth articles of treaty of January twentieth, eighteen hundred and twenty-five, and thirteenth article of treaty of June twenty-second, eighteen hundred and fifty-five, six hundred dollars;

For permanent annuity for education, per second and thirteenth articles of last two treaties named above, six thousand dollars;

{Page 39}

For permanent annuity for iron and steel, per ninth article of treaty of January twentieth, eighteen hundred and twenty-five, and thirteenth article of treaty of June twenty-second, eighteen hundred and fifty-five, three hundred and twenty dollars;

For interest on three hundred and ninety thousand two hundred and fifty-seven dollars and ninety-two cents, at five per centum per annum, for education, support of the government, and other beneficial purposes, under the direction of the general council of the Choctaws, in conformity with the provisions contained in the ninth and thirteenth articles of treaty of January twentieth, eighteen hundred and twenty-five, and treaty of June twenty-second, eighteen hundred and fifty-five, nineteen thousand five hundred and twelve dollars and eighty-nine cents; in all, thirty thousand and thirty-two dollars and eighty-nine cents.

CHIPPEWAS OF MINNESOTA, REIMBURSABLE.

Advance interest to the Chippewa Indians in Minnesota, as required by section seven of “An act for the relief and civilization of the Chippewa Indians in the State of Minnesota,” approved January fourteenth, eighteen hundred and eighty-nine, to be expended under the direction of the Secretary of the Interior, in the manner required by said act (reimbursable), ninety thousand dollars.

To enable the Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, to carry out an act entitled “An act for the relief and civilization of the Chippewa Indians in the State of Minnesota,” approved January fourteenth, eighteen hundred and eighty-nine, namely, the purchase of material and employment of labor for the erection of houses for Indians; for the purchase of agricultural implements, stock, and seeds, breaking and fencing land; for payment of expenses of delegations of Chippewa Indians to visit the White Earth Reservation; for the erection and maintenance of day and industrial schools; for subsistence and for pay of employees; for pay of commissioners and their expenses, and for removal of Indians and for their allotments, to be reimbursed to the United States out of the proceeds of sale of their lands, one hundred and fifty thousand dollars.

CHIPPEWAS OF NORTH DAKOTA.

Whereas the Turtle Mountain Band of Chippewa Indians did on the second day of October, eighteen hundred and ninety-two, entered into an agreement with the United States through the commissioners of the United States duly appointed for that purpose, and

Whereas it is deemed for the best interests of the said Indians that the said agreement be in some respect, modified and amended, it is hereby enacted that said agreement be amended so as to read as follows:

“ARTICLE I.   The friendly relations heretofore existing between the Turtle Mountain Band of Chippewa Indians and the United States shall be forever maintained.

“ARTICLE II.   The Turtle Mountain Band of Chippewa Indians, in consideration of the covenants and stipulations hereinafter contained, do hereby cede, alienate, and convey to the United States all the claims, estate, right, title, and interest of the Turtle Mountain Band of Chippewa Indians, or any of them as members of said band of Indians, in and to all lands, tenements, and hereditaments situate, lying, and being in the State of North Dakota, excepting and reserving from this conveyance, for the purposes mentioned in Article III hereof, that tract of land particularly mentioned and set apart by an

{Page 40}

Executive order of the President of the United States bearing date the third day of June, anno Domini eighteen hundred and eighty-four, to which reference is hereby had for more particular description, the said reserve being twelve miles in length and six miles in breadth and now occupied as a reservation by the Turtle Mountain Band of Chippewa Indians.

“It being expressly stipulated that the land now occupied and used for school, church, and Government purposes shall be so held at the pleasure of the United States, and may, with the approval of the Secretary of the Interior of the United States, be patented, when the interest of the United States, the Indians thereon, or the efficient school conduct requires. The Secretary of the Interior may, as occasion requires, set apart other land in said reserve for school and other public uses.

“ARTICLE III.   The land, woods, and waters above reserved for the Turtle Mountain Band of Chippewa Indians, subject to the stipulations contained in Article II of this treaty and agreement, shall be held as the common property of the Turtle Mountain Band of Chippewa Indians; and it is agreed that the United States shall, as soon as it can conveniently be done, cause the land hereby reserved and held for the use of the Turtle Mountain Band of Chippewa Indians to be surveyed, as public lands are surveyed, for the purpose of enabling such Indians as desire to take homesteads, and the selections shall be so made as to include in each case, as far as possible, the residence and improvements of the Indians making selection, giving to each an equitable proportion of natural advantages, and when it is not practicable to so apportion the entire homestead of land in one body it may be set apart in separate tracts, not less than forty acres in any one tract, unless the same shall abut upon a lake; but all assignments of land in severalty shall conform to the Government survey. And lands in said reservation which shall not be taken by said Indians within such time as may be fixed by the Secretary of the Interior after the ratification of this agreement may be opened for settlement as other public lands. The survey of this land shall be made as Government surveys and at no expense to the Indians.1


1 35 L. D., 508; 36 L. D., 105.

“ARTICLE IV.   In consideration of the premises and the foregoing cession the United States agrees to pay to the said Turtle Mountain Band of Chippewa Indians the sum of one million dollars, such amount to be paid either in cash or yearly installments, in such sums as the Secretary of the Interior may consider for the best interests of said tribe of Indians: Provided, That in case the Secretary of the Interior does not see fit to pay the sum herein before mentioned in cash, but considers it for the best interests of the Indians of said tribe to pay the same in yearly installments, he is hereby authorized and directed to expend such portion of the pro rata share of each Indian on the reserve, as his needs may require, in building, improving, and repairing the houses of such Indians, except as hereinafter agreed.

“ARTICLE V.   The schools now located upon the abovenamed reserve are to be maintained in efficiency, as at present, so long as, in the opinion of the Secretary of the Interior, conditions demand the maintenance of such schools, not to exceed, however, the term of twenty years.

“ARTICLE VI.All members of the Turtle Mountain Band of Chippewa Indians who may be unable to secure land upon the reservation above ceded may take homesteads upon any vacant land belonging to the United States without charge, and shall continue to hold and be entitled to such share in all tribal funds, annuities, or other property the same as if located on the reservation: Provided, That such right of alternate selection of homesteads shall not be alienated or represented by power of attorney.1


1 35 L. D., 508; 36 L. D., 105.

{Page 41}

“ARTICLE VII.   So long as the United States retains and holds the title to any land in the use or occupation of any member of the Turtle Mountain Band of Chippewa Indians or the title to other property in the possession of any Indian of said band, which it may do for twenty years, there shall be no tax or other duty levied or assessed upon the property, the title to which is held or retained by the United States.1


1 35 L. D., 608.

“ARTICLE VIII.   It is further covenanted and agreed that under no circumstances the Turtle Mountain Band of Chippewa Indians nor any members of said band of Indians shall take up arms against or resist the established authorities of the United States. Every person so violating this stipulation shall, in the discretion of the United States, be forever barred from the benefits of this agreement, and all rights of such person or persons hereunder shall be forfeited to the United States.

“ARTICLE IX.   This agreement to be of no binding force or effect until ratified by the Congress of the United States.” Which said agreement so amended as aforesaid is hereby accepted, ratified, and confirmed: Provided, That the said agreement as amended as aforesaid be ratified and accepted by a majority of the adult members of said Turtle Mountain Band of Chippewa Indians in general council lawfully convened for that purpose, and be it further enacted that the sum of one million dollars be appropriated out of any money in the Treasury not otherwise appropriated, for the purpose of carrying into effect the provisions of said amended agreement when ratified and accepted as aforesaid by said Indians: Provided, however, That no part of said sum shall be paid until said Indians, in general council lawfully convened for that purpose, shall execute and deliver to the United States a general release of all claims and demands of every name and nature against the United States, excepting and reserving from such release the right of said Indians to the tract of land particularly mentioned, described, and set apart by the Executive order of the President, dated June third, eighteen hundred and eighty-four, and their right to individual allotment as provided in said amended agreement: Provided further, That the Secretary of the Treasury be, and he is hereby, authorized and directed to withhold from the amount herein appropriated and pay to the attorneys who have represented said Indians the following amounts, namely: James M. E. O’Grady and Charles J. Maddux, jointly, the sum of forty-two thousand dollars and to William W. Anderson the sum of eight thousand dollars, which sums shall be accepted by them respectively in full payment for all services rendered the said Indians by them or by those claiming under them;2


2Maddux v. Bottineau, 34 App. D. C., 119.

That for the purpose of making the surveys and allotments contemplated in said agreement, three thousand dollars.

COEUR D’ALENES.

For thirteenth of fifteen installments of eight thousand dollars each, to be expended under the direction of the Secretary of the Interior, under the sixth article of agreement of March twenty-sixth, eighteen hundred and eighty-seven, ratified by act of March third, eighteen hundred and ninety-one, eight thousand dollars;

For pay of blacksmith, carpenter, and physician, and purchase of medicines, as per the eleventh article of said agreement, three thousand five hundred dollars; in all, eleven thousand five hundred dollars.

CROWS.

For the twenty-third of twenty-five installments, as provided in agreement with the Crows, dated June twelfth, eighteen hundred and eighty, to be used by the Secretary of the Interior in such manner as the President may direct, thirty thousand dollars

{Page 42}

FORT HALL INDIANS.

For sixteenth of twenty installments, as provided in agreement with said Indians approved February twenty-third, eighteen hundred and eighty-nine, to be used by the Secretary of the Interior for the benefit of the Indians in such manner as the President may direct, six thousand dollars.

INDIANS AT BLACKFEET AGENCY.

For seventh of nine installments, to be disposed of as provided in article two of the agreement with the Indians of the Blackfeet Reservation, ratified by act approved June tenth, eighteen hundred and ninety-six, one hundred and fifty thousand dollars.

IOWAS.

For interest in lieu of investment on fifty-seven thousand five hundred dollars, balance of one hundred and fifty-seven thousand five hundred dollars, to July first, nineteen hundred and four, at five per centum per annum, for education or other beneficial purposes, under the direction of the President, per ninth article of treaty of May seventeenth, eighteen hundred and fifty-four, two thousand eight hundred and seventy-five dollars.

KICKAPOOS IN KANSAS.

Interest on sixty-five thousand five hundred and forty dollars and ninety-four cents, at five per centum per annum, for educational and other beneficial purposes, per treaty of May eighteenth, eighteen hundred and fifty-four, three thousand two hundred and seventy-seven dollars and four cents. This amount to enable the President of the United States to pay the legal representatives of one deceased Kickapoo Indian (Kte-qua), the settlement of whose estate is desired under the provisions of section two of the act of August fourth, eighteen hundred and eighty-six, such sum as may be the proportion of one hundred thousand dollars provided by said tribe for education and other beneficial purposes, not exceeding three hundred and thirty-seven dollars and eighty-three cents. (Act of August fourth, eighteen hundred and eighty-six, Twenty-fourth Statutes, page thirty-four, article two.)

MOLELS.

For pay of teachers and for manual-labor schools, and for all necessary materials therefor, and for the subsistence of the pupils, per second article of treaty of December twenty-first, eighteen hundred and fifty-five, three thousand dollars.

NORTHERN CHEYENNES AND ARAPAHOES.

For subsistence and civilization, as per agreement with the Sioux Indians approved February twenty-eighth, eighteen hundred and seventy-seven, including subsistence and civilization of Northern Cheyennes removed from Pine Ridge Agency to Tongue River, Montana, ninety thousand dollars;

For pay of physician, two teachers, two capenters, one miller, two farmers, a blacksmith, and engineer, per seventh article of the treaty of May tenth, eighteen hundred and sixty-eight, nine thousand dollars; in all, ninety-nine thousand dollars.

{Page 43}

OSAGES.

For interest on sixty-nine thousand one hundred and twenty dollars, at five per centum per annum, being value of fifty-four sections of land set apart by treaty of June second, eighteen hundred and twenty-five, for educational purposes, per Senate resolution of January ninth, eighteen hundred and thirty-eight, three thousand four hundred and fifty-six dollars.

PAWNEES.

For perpetual annuity, per second article of treaty of September twenty-fourth, eighteen hundred and fifty-seven, and agreement of November twenty-third, eighteen hundred and ninety-two, article three, thirty thousand dollars;

For support of two manual labor schools, per third article of same treaty, of September twenty-fourth, eighteen hundred and fifty-seven, ten thousand dollars;

For pay of physician and purchase of medicines, one thousand two hundred dollars (gratuity);

For purchase of iron and steel and other necessaries for the shops, as per fourth article of treaty of September twenty-fourth, eighteen hundred and fifty-seven, five hundred dollars: Provided, That the President of the United States shall certify that, in his judgment, this amount ought to be expended; in all, forty-one thousand seven hundred dollars.

POTTAWATOMIES.

For permanent annuity, in silver, per fourth article of treaty of August third, seventeen hundred and ninety-five, three hundred and fifty-seven dollars and eighty cents;

For permanent annuity, in silver, per third article of treaty of September thirtieth, eighteen hundred and nine, one hundred and seventy-eight dollars and ninety cents;

For permanent annuity, in silver, per third article of treaty of October second, eighteen hundred and eighteen, eight hundred and ninety-four dollars and fifty cents.

For permanent annuity, in money, per second article of treaty of September twentieth, eighteen hundred and twenty-eight, seven hundred and fifteen dollars and sixty cents;

For permanent annuity, in specie, per second article of treaty of July twenty-ninth, eighteen hundred and twenty-nine, and second article of treaty of September twentieth, eighteen hundred and twenty-eight, five thousand seven hundred and twenty-four dollars and seventy-seven cents;

For permanent provision for payment of money in lieu of tobacco, iron, and steel, per second article of treaty of September twentieth, eighteen hundred and twenty-eight, and tenth article of treaties of June fifth and seventeenth, eighteen hundred and forty-six, one hundred and seven dollars and thirty-four cents;

For permanent provision for fifty barrels of salt, per second article of treaty of July twenty-ninth, eighteen hundred and twenty-nine, fifty dollars;

For interest on two hundred and thirty thousand and sixty-four dollars and twenty cents, at five per centum, in conformity with provisions of article seven of treaties of June fifth and seventeenth, eighteen hundred and forty-six, eleven thousand five hundred and three dollars and twenty-one cents; in all, nineteen thousand five hundred and thirty-two dollars and twelve cents.

{Page 44}

QUAPAWS.

For education, per third article of treaty of May thirteenth, eighteen hundred and thirty-three, one thousand dollars; for blacksmith and assistants, and tools, iron, and steel for blacksmith shop, per same article and treaty, five hundred dollars; in all, one thousand five hundred dollars: Provided, That the President of the United States shall certify the same to be for the best interest of the Indians.

SACS AND FOXES OF THE MISSISSIPPI.

For permanent annuity, in goods or otherwise, per third article of treaty of November third, eighteen hundred and four, one thousand dollars; for interest on two hundred thousand dollars, at five per centum, per second article of treaty of October twenty-first, eighteen hundred and thirty-seven, ten thousand dollars; for interest on eight hundred thousand dollars, at five per centum, per second article of treaty of October eleventh, eighteen hundred and forty-two, forty thousand dollars; Provided, That the sum of one thousand five hundred dollars of this amount shall be used for the pay of a physician and for purchase of medicine; in all, fifty-one thousand dollars.

SACS AND FOXES OF THE MISSOURI.

For interest on one hundred and fifty-seven thousand four hundred dollars, at five per centum, under the direction of the President, per second article of treaty of October twenty-first, eighteen hundred and thirty-seven, seven thousand eight hundred and seventy dollars;

For support of a school, per fifth article of treaty of March sixth, eighteen hundred and sixty-one, two hundred dollars: Provided, That the President of the United States shall certify the same to be advisable; in all, eight thousand and seventy dollars.

SEMINOLES.

For five per centum interest on two hundred and fifty thousand dollars, to be paid as annuity, per eighth article of treaty of August seventh, eighteen hundred and fifty-six, twelve thousand five hundred dollars;

For five per centum interest on two hundred and fifty thousand dollars, to be paid as annuity (they having joined their brethren West), per eighth article of treaty of August seventh, eighteen hundred and fifty-six, twelve thousand five hundred dollars;

For interest on fifty thousand dollars, at the rate of five per centum per annum, to be paid annually for the support of schools, as per third article of treaty of March twenty-first, eighteen hundred and sixty-six, two thousand five hundred dollars;

For interest on twenty thousand dollars, at the rate of five per centum per annum, to be paid annually for the support of the Seminole government, as per same article, same treaty, one thousand dollars; in all, twenty-eight thousand five hundred dollars.

SENECAS OF NEW YORK.

For permanent annuity, in lieu of interest on stock, per act of Feburary nineteenth, eighteen hundred and thirty-one, six thousand dollars;

For interest, in lieu of investment, on seventy-five thousand dollars, at five per centum, per act of June twenty-seventh, eighteen hundred and forty-six, three thousand seven hundred and fifty dollars;

{Page 45}

For interest, at five per centum, on forty-three thousand and fifty dollars transferred from the Ontario Bank to the United States Treasury, per act of June twenty-seventh, eighteen hundred and forty-six, two thousand one hundred and fifty-two dollars and fifty cents; in all, eleven thousand nine hundred and two dollars and fifty cents.

SIX NATIONS OF NEW YORK.

For permanent annuity, in clothing and other useful articles, per sixth article of treaty of November eleventh, seventeen hundred and ninety-four, four thousand five hundred dollars.

SHOSHONES AND BANNOCKS.

SHOSHONES: For pay of physician, teacher, carpenter, miller, engineer, farmer, and blacksmith as per tenth article of treaty of July third, eighteen hundred and sixty-eight, five thousand dollars;

For pay of second blacksmith, and such iron and steel and other materials as may be required, as per eighth article of same treaty, one thousand dollars;

BANNOCKS: For pay of physician, teacher, carpenter, miller, engineer, farmer, and blacksmith, as per tenth article of treaty of July third, eighteen hundred and sixty-eight, five thousand dollars; in all, eleven thousand dollars.

SIOUX OF DIFFERENT TRIBES, INCLUDING SANTEE SIOUX OF NEBRASKA.

For pay of five teachers, one physician, one carpenter, one miller, one engineer, two farmers, and one blacksmith, per thirteenth article of treaty of April twenty-ninth, eighteen hundred and sixty-eight, ten thousand four hundred dollars;

For pay of second blacksmith, and furnishing iron, steel, and other material, per eighth article of same treaty, one thousand six hundred dollars;

For pay of additional employees at the several agencies for the Sioux in Nebraska and in North Dakota and South Dakota, eighty-five thousand dollars;

For subsistence of the Sioux, and for purposes of their civilization, as per agreement ratified by act of Congress approved February twenty-eighth, eighteen hundred and seventy-seven, eight hundred and fifty thousand dollars: Provided, That this sum shall include transportation of supplies from the termination of railroad or steamboat transportation, and in this service Indians shall be employed whenever practicable: And provided further, That the number of rations issued shall not exceed the number of Indians on each reservation, and any excess in the number of rations issued shall be disallowed in the settlement of the agent’s account: Provided further, That the unexpended balance for the fiscal year nineteen hundred and four is hereby appropriated and made available for nineteen hundred and five;

For support and maintenance of day and industrial schools, including erection and repairs of school buildings, in accordance with article seven of the treaty of April twenty-ninth, eighteen hundred and sixty-eight, which article is continued in force for twenty years by section seventeen of the act of March second, eighteen hundred and eighty-nine, two hundred and twenty-five thousand dollars; in all, one million one hundred and seventy-two thousand dollars.

SIOUX, YANKTON TRIBE.

For sixteenth of twenty installments (last series), to be paid to them or expended for their benefit, per fourth article of treaty of April nineteenth, eighteen hundred and fifty-eight, fifteen thousand dollars, to be immediately available;

{Page 46}

For subsistence and civilization of Yankton Sioux, heretofore provided for in appropriations under “Fulfilling treaty with Sioux of different tribes,” and so forth, thirty thousand dollars; in all$ forty-five thousand dollars, to be immediately available.

SPOKANES.

For pay of a blacksmith and carpenter to do necessary work and to instruct the said Indians in those trades, one thousand dollars each, per sixth article of agreement, with said Indians, dated March eighteenth, eighteen hundred and eighty-seven, ratified by act of Congress approved July thirteenth, eighteen hundred and ninety-two, two thousand dollars.

CONFEDERATED BANDS OF UTES.

For pay of two carpenters, two millers, two farmers, and two blacksmiths, as per tenth article of treaty of October seventh, eighteen hundred and sixty-three, and fifteenth article of treaty of March second, eighteen hundred and sixty-eight, six thousand seven hundred and twenty dollars;

For pay of two teachers, as per same article of same treaty, one thousand eight hundred dollars;

For purchase of iron and steel and the necessary tools for blacksmith shop, per ninth article of same treaty, two hundred and twenty dollars;

For annual amount for the purchase of beef, mutton, wheat, flour, beans, and potatoes, or other necessary articles of food, as per twelfth article of same treaty, thirty thousand dollars;

For pay of employees at the several Ute agencies, fifteen thousand dollars; in all, fifty-three thousand seven hundred and forty dollars.

WINNEBAGOES.

For interest on eight hundred and four thousand nine hundred and nine dollars and seventeen cents, at five per centum per annum, per fourth article of treaty of November first, eighteen hundred and thirty-seven, and joint resolution of July seventeenth, eighteen hundred and sixty-two, forty thousand two hundred and forty-five dollars and forty-five cents; and the Secretary of the Interior is hereby directed to expend said interest for the support, education, and civilization of said Indians;

For interest on seventy-eight thousand three hundred and forty dollars and forty-one cents, at five per centum per annum, to be expended under the direction of the Secretary of the Interior for the erection of houses, improvement of their allotments of land, purchase of stock, agricultural implements, seeds, and other beneficial objects, three thousand nine hundred and seventeen dollars and two cents; in all, forty-four thousand one hundred and sixty-two dollars and forty-seven cents.

That the Secretary of the Interior is hereby authorized and directed under such rules and regulations as he may prescribe, to pay per capita to the following Indian tribes, all funds now to their credit in the United States Treasury or such part of such funds as he may deem necessary for their best interests, and any other funds that may hereafter be received for their credit: Provided, That he may retain a sufficient amount of their trust funds, which at the present rate of interest, will yield sufficient income for the support of their schools and for pay of employees: Provided further, That the shares of minors shall remain in the Treasury until they become of age and the shares

{Page 47}

of incompetents also be retained in the Treasury and the interest of such shares may, in the discretion of the Secretary of the Interior, be paid to the parents or legally appointed guardians of such minors and incompetents under such regulations as he may prescribe, namely, L’Anse and Vieux de Sert Chippewas, Michigan; Omahas, Nebraska; Otoe and Missouria, Oklahoma; Stockbridge and Munsee, Wisconsin; Tonkawas, Oklahoma; Umatillas, Oregon; the Iowa Indians, and the Sac and Fox Indians of Missouri, of the Pottawatomie and Great Nemaha Agency in the State of Kansas.

That the Secretary of the Interior be, and he is hereby, authorized and directed under such rules and regulations as he may prescribe, to pay to the Sioux Indians residing at Flandreau, in the State of South Dakota, the share of said Indians in the principal permanent fund appropriated and placed in the Treasury of the United States to the credit of the Sioux Nation of Indians by the seventeenth section of the act of Congress approved March second, eighteen hundred and eighty-nine (Statutes at Large, volume twenty-five, page eight hundred and ninety-five): Provided, That the Secretary of the Interior may withhold any of the payments herein provided for if in his judgment it would be to the best interest of the member entitled to said payment to do so.

That the Secretary of the Interior is hereby authorized and directed to cause to be paid to the persons hereinafter named, formerly members by adoption, of the Wichita and affiliated bands of Indians, now citizens of the United States, that is to say, to William M. Hazlett, Nora G. Hazlett, Joe Weller, Charles S. Williams, Fred Exendine, Earl Purdy, Grimes Atkins, Clay J. Bronson, Bella K. Bronson, Francis E. Cross, James Deer, Jennie Deer, John D. Downing, Margaret L. Downing, Bela Ellis, Mary Perdier Gray, Charles Inkanish, James Inkanish, Henry Inkanish, Ellen E. King, Louisa P. Medrano, John Osborne, Alice Osborne, E. B. Parrish, Nancy Parrish, Mary N. Purdy, Vernon Purdy, H. P. Pruner, Lucy J. Pruner, Charles B. Pruner, Frank Purdy, Bill Perdier, Sallie Perdier, Jessee Strum, Mattie Strum, Oscar Tobanaka, Homer J. Seger, Katie Strum Thomas, Jessee Williams, Willie Weller, Cora C. West, Benjamin Montello, Alice Inkanish Cussen, their per capita share of the funds derived from the sale or disposition of lands made in pursuance of the decree of the Court of Claims in the case of The Choctaw Nation and The Chickasaw Nation versus The United States and The Wichita and Affiliated Bands of Indians, being numbered eighteen thousand nine hundred and thirty-two, which has accrued up to and including December thirty-first, nineteen hundred and three, except the fund which has accrued from the disposition of land reserved for the use of schools, colleges, and public buildings, said payments to be made to the said persons through those authorized by contract to aid in collecting the same upon the execution of proper receipts.

That all indemnity school land selections made by the State of Oregon in lieu of sections sixteen and thirty-six in place between the boundary of the Klamath Indian Reservation, as fixed in eighteen hundred and eighty-eight, and the boundary agreed upon in the treaty with the Indians in eighteen hundred and sixty-four, as confirmed by the Klamath Boundary Commission under act of June tenth, eighteen hundred and ninety-six, in their report to the Secretary of the Interior, dated December eighteenth, eighteen hundred and ninety six, and by the survey made pursuant thereto and accepted by the General Land Office May seventh, nineteen hundred, which are otherwise regular and free from any prior lawful claim, are hereby confirmed to the State of Oregon as school lands: Provided further, That the State furnish evidence satisfactory to the Secretary of the Interior that at the date of filing such list of selections it had not disposed of or incumbered its title to said base lands.

{Page 48}

MISCELLANEOUS SUPPORTS AND GRATUITIES.

For support and civilization of the Apaches, Kiowas, Comanches, Wichitas, and affiliated bands who have been collected in the reservations set apart for their use and occupation, twenty-five thousand dollars.

For support and civilization of the Arapahoes and Cheyenne who have been collected on the reservations set apart for their use and occupation, forty thousand dollars.

For support and civilization of the Chippewas of Lake Superior, Wisconsin, to be expended for agricultural and educational purposes; pay of employees, including pay of physician, at one thousand two hundred dollars; purchase of goods and provisions, and for such other purposes as may be deemed for the best interest of said Indians, seven thousand dollars.

For support and civilization of Turtle Mountain band of Chippewas, North Dakota, including seeds, thirteen thousand dollars.

For support and civilization of the confederated tribes and bands in middle Oregon, and for pay of employees, five thousand dollars.

For support and civilization of the Crow Indians, fifteen thousand dollars.

For support and civilization of the D’Wamish and other allied tribes in Washington, including pay of employees, five thousand dollars.

For support and civilization of Indians at Flathead Agency, Montana, including pay of employees, ten thousand dollars.

For support and civilization of the Apache and other Indians in Arizona and New Mexico who have been or may be collected on reservations in Arizona and New Mexico, two hundred and twenty-five thousand dollars: Provided, That the unexpended balance for the fiscal year nineteen hundred and four is hereby appropriated and made available for nineteen hundred and five: Provided further, That the proviso in the appropriation of two hundred and twenty-five thousand dollars for the support and civilization of Indians in Arizona and New Mexico in the Indian appropriation bill for the fiscal year nineteen hundred and four is hereby corrected to read as follows: “Provided, That the unexpended balance for the fiscal year nineteen hundred and three is hereby appropriated and made available for nineteen hundred and four,” and made applicable accordingly.

For support and civilization of the Shoshones and Bannocks and Bannocks and other Indians of the Fort Hall Reservation in Idaho, including pay of employees, twenty thousand dollars.

For support and civilization of Indians at Fort Berthold Agency, including pay of employees, thirty thousand dollars.

For support and civilization of the Indians of the Fort Peck Agency in Montana, including pay of employees, fifty-five thousand dollars.

For support, civilization, and instruction of the Shoshones, Bannocks, Sheepeaters, and other Indians of the Lemhi Agency, Idaho, including pay of employees, thirteen thousand dollars.

For support and civilization of the Klamaths, Modocs, and other Indians of the Klamath Agency, Oregon, including pay of employees, five thousand dollars.

For support and civilization of the Kansas Indians, Oklahoma Territory, including agricultural assistance and pay of employees, two thousand dollars.

For support and civilization of the Kickapoo Indians in Oklahoma Territory, two thousand dollars.

For support and civilization of the Makahs, Washington, including pay of employees, two thousand dollars.

For support and civilization of Joseph’s band of Nez Perce Indians, one thousand dollars.

{Page 49}

For support and civilization of the Indians of Pima Agency, Arizona, forty thousand dollars, to be expended for their benefit in such manner as the Secretary of the Interior, in his discretion, may deem best.

For support and civilization of the Ponca Indians, including pay of employees, ten thousand dollars.

For support and civilization of the Qui-nai-elts and Quil-leh-utes, including pay of employees, one thousand dollars.

For support and civilization of Shoshone Indians in Wyoming, twenty thousand dollars.

For support and civilization of the Indians of the Western Shoshone Agency, Nevada, including pay of employees, eight thousand dollars.

For support and civilization of Sioux of Devils Lake, North Dakota. including pay of employees, ten thousand dollars.

For support and civilization of the Walla Walla, Cayuse, and Umatilla tribes, Oregon, including pay of employees, three thousand dollars.

For support and civilization of Yakimas, and other Indians at said agency, including pay of employees, three thousand dollars.

GENERAL INCIDENTAL EXPENSES OF THE INDIAN SERVICE.

ARIZONA: For general incidental expenses of the Indian Service in Arizona, including traveling expenses of agents, one thousand five hundred dollars.

CALIFORNIA: For general incidental expenses of the Indian Service in California, including traveling expenses of agents, and support and civilization of Indians at the Round Valley, Hoopa Valley, and Tule River agencies, four thousand dollars; and pay of employees at same agencies, eight thousand dollars; in all, twelve thousand dollars.

COLORADO: For general incidental expenses of the Indian Service in Colorado, including traveling expenses of agents, one thousand dollars.

IDAHO: For general incidental expenses of the Indian Service in Idaho, including traveling expenses of agents, one thousand dollars.

INDIAN TERRITORY: For general incidental expenses of the Indian Service in the Indian Territory, including incidental expenses of the Indian inspector’s office and for pay of employees, eighteen thousand dollars.

MONTANA: For general incidental expenses of the Indian Service in Montana, including traveling expenses of agents and pay of employees, eight thousand five hundred dollars.

NEVADA: For general incidental expenses of the Indian Service in Nevada, including traveling expenses of agents, and support and civilization of Indians located on the Piute, Walker River, and Pyramid Lake Reservations, five thousand dollars; and pay of employees, including physician at the Walker River Reservation, at nine hundred dollars, four thousand nine hundred dollars; in all, nine thousand nine hundred dollars.

NEW MEXICO: For general incidental expenses of the Indian Service in New Mexico, including traveling expenses of agents, one thousand dollars.

NORTH DAKOTA: For general incidental expenses of the Indian Service in North Dakota, including traveling expenses of agents at three agencies, one thousand dollars.

OREGON: For general incidental expenses of the Indian Service in Oregon, including traveling expenses of agents, and support and civilization of Indians of Grande Ronde and Siletz agencies, three thousand dollars; and pay of employees at the same agencies, three thousand dollars; in all, six thousand dollars.

{Page 50}

SOUTH DAKOTA: For general incidental expenses of the Indian Service in South Dakota, including traveling expenses of agents at seven agencies, three thousand dollars.

UTAH: For general incidental expenses of the Indian Service in Utah, including traveling expenses of agents, one thousand dollars.

WASHINGTON: For general incidental expenses of the Indian Service in Washington, including traveling expenses of agents, and support and civilization of Indians at Colville and Puyallup agencies, and for pay of employees, twelve thousand dollars.

WYOMING: For general incidental expenses of the Indian Service in Wyoming, including traveling expenses of agents, one thousand dollars.

MISCELLANEOUS.

For salaries of four commissioners appointed under acts of Congress approved March third, eighteen hundred and ninety-three, and March second, eighteen hundred and ninety-five, to negotiate with the Five Civilized Tribes in the Indian Territory, twenty thousand dollars, and said commission shall conclude its work and terminate on or before the first day of July, nineteen hundred and five, and said commission shall cease to exist on July first, nineteen hundred and five: Provided, That said commission shall exercise all the powers heretofore conferred upon it by Congress: And provided further, That the Secretary of the Interior is hereby granted authority to sell at public sale in tracts not exceeding one hundred and sixty acres to any one purchaser, under rules and regulations to be made by the Secretary of the Interior, the residue of land in the Creek Nation belonging to the Creek tribe of Indians, consisting of about five hundred thousand acres, and being the residue of lands left over after allotments of one hundred and sixty acres to each of said tribe. And all the restrictions upon the alienation of lands of all allottees of either of the Five Civilized Tribes of Indians who are not of Indian blood, except minors, are, except as to homesteads, hereby removed, and all restrictions upon the alienation of all other allottees of said tribes, except minors, and except as to homesteads, may, with the approval of the Secretary of the Interior, be removed under such rules and regulations as the Secretary of the Interior may prescribe, upon application to the United States Indian agent at the Union Agency in charge of the Five Civilized Tribes, if said agent is satisfied upon a full investigation of each individual case that such removal of restrictions is for the best interest of said allottee. The finding of the United States Indian agent and the approval of the Secretary of the Interior shall be in writing and shall be recorded in the same manner as patents for lands are recorded.1


1  U. S. v. Jacobs, 195 Fed., 707; Hawkins v. Oklahoma Oil Co., 195 Fed., 346; U. S. v. Dowden, 194 Fed., 484; Frame v. Bivens, 189 Fed., 785; U. S. v. Shock, 187 Fed., 862; Alfrey v. Colbert, 168 Fed., 231; Moore v. Sawyer, 167 Fed., 826; Iowa Land & Trust Co. v. Dawson, 134 Pac., 39; Casey v. Bingham, 132 Pac., 663; Harris v. Hardridge, 166 Fed., 109; Sayer v. Brown, 104 S. W., 877; Lewis v. Clements, 95 Pac., 769; Godfrey v. Iowa Land & Trust Co., 95 Pac., 792; Landrum v. Graham, 98 Pac., 432; International Land co. v. Marshall, 98 Pac., 951; Eldred v. Okmulgee Loan & Trust Co., 98 Pac., 929; McWilliams Investment Co. v. Livingston, 98 Pac., 914; Sharp v. Lancaster, 100 Pac., 578; Blakemore v. Johnson, 103 Pac., 554; Superior Oil & Gas Co. v. Mehlin, 108 Pac., 545; Jefferson v. Winkler, 110 Pac., 755; simmons v. Whittington, 112 Pac., 1018; Harris v. Lynde-Bowman-Darby Co., 116 Pac., 808; Skelton v. Dill, 119 Pac., 267; Groom v. Wright, 121 Pac., 215; In re Davis’s Estate, 122 Pac., 547; Williams v. Johnson, 122 Pac., 485; Rogers v. Noel, 124 Pac., 976; Campbell v. McSpadden, 127 Pac., 854; Parkinson v. Skelton, 128 Pac., 131; Rentie v. McCoy, 128 Pac., 244; The 30,000 Land Suits, 199 Fed., 811; Goat v. United States, 224 U. S., 458; Deming Investment Co. v. United States, 224 U. S., 471; Bledsoe v. Wortman, 129 Pac., 841; Woodward v. De Graffenried, 131 Pac., 162; Lynch v. Franklin, 130 Pac., 599; same, 233 U. S. Manuel v. Smith, 130 Pac., 1159; 26 Opp. Atty. Gen., 351.

Expenses of commissioners and necessary expenses of employees; for clerical help, including secretary of the commission and interpreters, two hundred and forty-two thousand two hundred and ninety-five dollars; contingent expenses of the commission, three thousand dollars: Provided further, That this appropriation may be used by said commission in the prosecution of all work to be done by or under its direction as required by law; in all, two hundred and sixty-five thousand two hundred and ninety-five dollars.

{Page 51}

That no proceedings heretofore had with respect to allotments in the Cherokee Nation shall be held invalid on the ground that they were had before there was authority to begin the work of allotment in said nation: Provided, That nothing herein shall be construed as validating any filings heretofore made on lands segregated for the Delaware Indians.

To complete the town site, appraisement, and surveys in the Indian Territory under the provisions of the act of June twenty-eighth, eighteen hundred and ninety-eight, twenty-five thousand dollars: Provided, That said work shall be completed on or before July first, nineteen hundred and five.

To carry out the provisions of section ten of the supplemental agreements with the Creek Nation, as ratified by the act of June thirtieth, nineteen hundred and two, and section thirty-seven of the Cherokee agreement, as ratified by the act of July first, nineteen hundred and two, ten thousand dollars.

For the purpose of placing allottees in the Indian Territory in possession of their allotments, to be expended under the direction of the Secretary of the Interior, thirty thousand dollars: Provided, That no portion of the money herein appropriated for the Indian Territory shall be paid to any person in the service of the United States until such person shall make oath that he has no financial interest with any person or corporation dealing in Indian lands in the Indian Territory.

That the Delaware-Cherokee citizens who have made improvements, or are in rightful possession of such improvements, in the Cherokee Nation at the time of the passage of this act shall have the right to first select from said improved lands their allotments, and thereafter, for a period of six months, shall have the right to sell the improvements upon their surplus holdings of lands to other citizens of the Cherokee Nation entitled to select allotments at a valuation to be approved by an official to be designated by the President for that purpose; and the vendor shall have a lien upon the rents and profits of the land on which the improvements are located for the purchase money remaining unpaid; and the vendor shall have the right to enforce such lien in any court of competent jurisdiction. The vendor may, however, elect to take and retain the possession of the land at a fair cash rental, to be approved by the official so as aforesaid designated, until such rental shall be sufficient to satisfy the unpaid purchase price, and when the purchase price is fully paid he shall forthwith deliver possession of the land to the purchaser: Provided, however, That any crops then growing on the land shall be and remain the property of the vendor, and he may have access to the land so long as may be necessary to cultivate and gather such growing crops. Any such purchaser shall, without unreasonable delay, apply to select as an allotment the land upon which the improvements purchased by him are located, and shall submit with his application satisfactory proof that he has in good faith purchased such improvements.1


1  White v. Starbuck, 138 Pac., 226.

For clerical work and labor connected with the sale and leasing of Creek and the leasing of Cherokee lands, fourteen thousand dollars.

To pay R. I. Rea, probate judge of Brown County, Kansas, for services rendered in the appointment of guardians for minor Indians in forty-one cases, the sum of three hundred and eighty dollars, to be immediately available: Provided, That the same when accepted shall be in full settlement of all claims and demands against the United States arising from such transactions.

To enable the Commissioner of Indian Affairs to pay the Commission for allotting the lands belonging to the Kaw Indians, and for preparing and recording deeds, the sum of eight hundred dollars, or so much thereof as may be necessary.

{Page 52}

That the Secretary of the Interior is authorized to use five thousand dollars of the twelve thousand dollars appropriated by the act of May twenty-seventh, nineteen hundred and two, to enable him to remove certain Indians, known as Wenatchi, to the Colville Indian Reservation, in the State of Washington, and to properly establish and temporarily maintain them, for the benefit of said Indians in their present homes, in the purchase of agricultural implements, wagons, teams, and in the erection of houses, as in his discretion he may deem proper, to be immediately available: Provided, That the Secretary of the Interior is hereby directed to pay out of said five thousand dollars a sum not exceeding three hundred and fifty dollars to pay the actual expenses of the delegation composed of two Indians representing the Wenatchi Indians now in Washington on behalf of said tribe.

That the Secretary of the Interior be, and he is hereby, authorized and directed, to pay to the intruders in the Cherokee Nation, Indian Territory, who have not heretofore for any reason been paid the amounts due them by appraisement heretofore made for improvements, such payment to be made out of funds now at the disposal of the Secretary of the Interior for such purpose.

To enable the President to cause, under the provisions of the act of February eighth, eighteen hundred and eighty-seven, entitled “An act to provide for the allotment of lands in severalty to Indians,” such Indian reservations as in his judgment are advantageous for agricultural and grazing purposes to be surveyed or resurveyed, for the purposes of said act, and to complete the allotment of the same, including the necessary clerical work, incident thereto in the field and in the Office of Indian Affairs, and delivery of trust patents, so far as allotments shall have been selected under said act, forty thousand two hundred dollars.

For pay of physician, New York Agency, six hundred dollars.

For construction of ditches and reservoirs, purchase and use of irrigating tools and applicances, and purchase of water rights on Indian reservations, in the discretion of the Commissioner of Indian Affairs, under the direction of the Secretary of the Inteior, one hundred and eighty-five thousand dollars, of which thirty-five thousand dollars shall be immediately available: Provided, That the Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, may employ superintendents of irrigation, who shall be skilled irrigation engineers, not to exceed four, as in his judgment may be necessary, to secure the construction of ditches and other irrigation works in a substantial and workmanlike manner.

For survey and subdivision of Indian reservations and to lands to be allotted to Indians, and to make allotments in severalty, to be expended by the Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, twenty thousand dollars.

For clerical work and stationery in the office of the United States surveyor-general required on surveys within the Pine Ridge Indian Reservation, South Dakota, the sum of three thousand two hundred dollars.

To maintain at the city of Omaha, Nebraska, in the discretion of the Secretary of the Interior, a warehouse for the receipt, storage, and shipping of goods for the Indian service, ten thousand dollars.

To maintain at the city of Saint Louis, Missouri, in the discretion of the Secretary of the Interior, a warehouse for the receipt, storage, and shipping of goods for the Indian service, ten thousand dollars.

To maintain at the city of San Francisco, California, in the discretion of the Secretary of the Interior, a warehouse for the receipt, storage, and shipping of goods for the Indian service, ten thousand dollars, to be immediately available.

The Secretary of the Interior is authorized to cause to be assembled, at the city of Saint Louis, in the State of Missouri, at such time and

{Page 53}

for such period as he may designate, and as a part of the Louisiana Purchase Exposition, to be held at the city of Saint Louis, in the State of Missouri, pursuant to an act of Congress entitled “An act to provide for celebrating the one hundredth anniversary of the purchase of the Louisiana Territory by the United States by holding an international exhibition of arts, manufactures, and the products of the soil, mine, forest, and sea in the city of Saint Louis, in the State of Missouri,” approved March third, nineteen hundred and one, such representatives of the different Indian tribes and such exhibits from Indian agencies, schools, and archives as he may deem advisable or necessary to illustrate the past and present conditions of the Indians and the Indian tribes of the United States, and progress made by such in education, art, and industry, and the methods of education and government, and such other matters and things as will fully illustrate Indian advancement in civilization, the details of which shall be in the discretion of the Secretary of the Interior. And for the purpose of carrying into effect this provision the sum of twenty-five thousand dollars, or so much thereof as may be necessary, is hereby appropriated; but the Secretary of the Interior is prohibited from making or causing to be made any expenditure or creating any liability on behalf of the United States in excess of the sum hereby appropriated.

To enable the President to cause, under the provisions of the act of March second, eighteen hundred and eighty-nine, entitled “An act to divide a portion of the reservation of the Sioux Nation of Indians in Dakota into separate reservations and to secure the relinquishment of the Indian title to the remainder, and for other purposes,” to be allotted the lands in said separate reservations as provided in said act, including the necessary resurveys, ten thousand dollars.

For the equipment and maintenance of the asylum for insane Indians, at Canton, South Dakota, for incidental and all other expenses necessary for its proper conduct and management, including pay of employees, and for necessary expense of transporting insane Indians to and from said asylum, twenty-five thousand dollars.

For pay of one special attorney for the Pueblo Indians of New Mexico, one thousand five hundred dollars, and for necessary traveling and incidental expenses of said attorney for the Pueblo Indians of New Mexico, five hundred dollars; in all two thousand dollars.

That the time for opening the unallotted lands to public entry on the Uintah Reservation, in Utah, as provided by the acts of May twenty-seventh, nineteen hundred and two, and March third, nineteen hundred and three, be, and the same is hereby, extended to March tenth, nineteen hundred and five, and five thousand dollars is hereby appropriated to enable the Secretary of the Interior to do the necessary surveying, and otherwise carry out the purposes of so much of the act of May twenty-seventh, nineteen hundred and two, making appropriation for the current and contingent expenses of the Indian Department for the fiscal year nineteen hundred and three, and for other purposes, as provides for the allotment of the Indians of the Uintah and White River Utes in Utah.

The Secretary of the Interior is authorized and directed to withhold from the amount appropriated by act of February ninth, nineteen hundred, to pay the judgment of the Court of Claims in favor of the New York Indians, an additional sum not exceeding five thousand dollars, to be immediately available, and to apply it in the payment of expenses necessary in ascertaining the beneficiaries of said judgment.

That the Secretary of the Interior be, and he is hereby, authorized and directed, upon the sale of lands in Indian Territory covered by coal and asphalt leases, to sell such lands subject to the right of the lessee to use so much of the surface as may be needed for coke ovens, miners’ houses, store and supply buildings, and such other structures as are generally used in the production and shipment of coal and coke.

{Page 54}

Lesseesmay use the tipples and underground workings located on any lease in the production of coal and coke from adjoining leases, and are hereby authorized to surrender leased premises to the owner thereof on giving sixty days’ notice in writing to such owner and paying all charges and royalties due to the date of surrender: Provided, however, That nothing herein contained shall release the lessee from the payment of the stipulated royalty so long as such lessee remains in possession of any of the surface of the lands included in his lease for any purpose whatever: And provided, That any lessee may remove or dispose of any machinery, tools or equipment the lessee may have upon the leased lands.

That the Secretary of the Interior be, and he is hereby, authorized and directed to apply the funds derived from grazing now standing to the credit of the Osage Indians in the Treasury, together with such portion of the funds hereafter derived from such source as may be necessary, as a tribal or community fund, in the payment of the balance now remaining due on the claims of certain licensed Indian traders against individual members of the tribe: Provided, That after said debts are paid the proceeds from the rental of pastures (known as grass money) and the royalties from oil and gas shall be applied to the reimbursement of said tribal or community fund of the amount paid out under this provision.

That the act entitled “An act to refer to the Court of Claims certain claims of the Shawnee and Delaware Indians and the freedmen of the Cherokee Nation, and for other purposes,” approved October first, eighteen hundred and ninety, be, and the same is hereby, amended so as to confer upon the Court of Claims the same jurisdiction to determine the claims and rights of those alleged citizens of the Cherokee Nation known as intermarried whites as is therem conferred upon said court relative to the rights and claims of the Shawnee and Delaware Indians and the freedmen of said Cherokee Nation, and said case shall be advanced on the calendar of said Court of Claims and the calendar of the Supreme Court, if the same is appealed. Said court in said judgment shall fix the amount due the attorney or attorneys of record for their legal services, not exceeding the amount stipulated by the contracts between said claimants and said attorneys, and shall in said judgment direct that the accounting officers of the United States shall deduct from the amount due each claimant the attorney fee allowed in said judgment and pay the same directly to said attorneys and shall pay the balance to the claimants.

That the claim of J. Hale Sypher against the Choctaw Nation, for legal and professional services rendered by him to said nation, under an agreement made and entered into between the legally authorized commissioners of said nation and said Sypher on the seventh day of November, eighteen hundred and ninety-one, is hereby referred to the Court of Claims for adjudication; and jurisdiction is hereby conferred upon said court to hear and determine said claim upon the principles of a quantum meruit and without regard to the provisions and requirements of section twenty-one hundred and three of the Revised Statutes; and the said court shall ascertain and determine the character, extent, and value of the services rendered by said Sypher to said nation under said agreement; and the court, having ascertained and determined the amount justly and equitably due and payable from said nation to said Sypher for services rendered by him under said agreement, shall report their findings to the next session of Congress.

All unleased lands which are by section fifty-nine of an act entitled “An act to ratify and confirm an agreement with the Choctaw and Chickasaw Tribes of Indians, and for other purposes,” approved July first, nineteen hundred and two, directed to “be sold at public auction for cash,” and all other unleased lands and deposits of like character in said nations segregated under any act of Congress shall

{Page 55}

instead, be sold under direction of the Secretary of the Interior in tracts not exceeding nine hundred and sixty acres to each person, after due advertisement, upon sealed proposals, under regulations to be prescribed by the Secretary of the Interior and approved by the President, with authority to reject any or all proposals: Provided, That the President shall appoint a commission of three persons, one on the recommendation of the principal chief of the Choctaw Nation who shall be a Choctaw by blood, and one upon the recommendation of the governor of the Chickasaw Nation, who shall be a Chickasaw by blood, which commission shall have a right to be present at the time of the opening of bids and be heard in relation to the acceptance or rejection thereof.

All expenses, inclusive of necessary clerical help in the Department of the Interior, connected with and incident to such sale shall be paid from the funds of the Choctaw and Chickasaw Tribes on deposit in the Treasury of the United States: Provided, That all leased lands shall be withheld from sale until the further direction of Congress.

To pay the heirs of Darius B. Randall, deceased, for certain improvements situated on the Nez Perce Indian Reservation relinquished by the said deceased to the United States for the use of the Nez Perce Tribe of Indians, two thousand four hundred dollars.

For the construction and installation of a telephone system from Devils Lake, North Dakota, to the Devils Lake Indian Agency, and to pay for the maintenance of the same for one year from the time of completion, one thousand two hundred dollars, or so much thereof as may be necessary.

For payment of the balance due various merchants of Cloquet and Fond du Lac, Minnesota, from certain Fond du Lac Indians for supplies furnished said Indians at the request of the Indian farmer, as ascertained by the Secretary of the Interior, under the provisions of the Indian appropriation act approved June tenth, eighteen hundred and ninety-six, as follows: H. B. Allen, twenty-four dollars and fourteen cents; Charles Gasper, one thousand and forty-nine dollars and forty-six cents; J. A. Rene, forty-four dollars and ninety-one cents; James A. Wallace, two hundred and fifty-two dollars and sixty-eight cents; Kelly and Moses, forty dollars and forty-nine cents; Mrs. James Peacha, one hundred and sixteen dollars and ninety-five cens; James Peacha, one hundred and eighty-six dollars and twelve cents; Frank P. Thompson, nine hundred and sixty-four dollars and fifty-one cents; A. H. Simmons, one hundred and seventy-six dollars and eighty-five cents; in all, two thousand eight hundred and fifty-six dollars and eleven cents.

The Chippewa Indians of the State of Minnesota to whom allotments have been or shall hereafter be made, and trust or other patents, containing restrictions upon alienation, issued or which shall hereafter be issued therefor, are, with the consent of the Secretary of the Interior and under such rules and regulations as he may prescribe, hereby authorized to dispose of the timber on their respective allotments. Timber on the allotments of minors may likewise be so sold by the father, mother, or Indian agent or other officer in charge, in the order named, and the Secretary of the Interior shall make such regulations for the disposition of the proceeds of said sales as may be necessary to protect the interest of said Indians, including such minors.

To pay to the county of White Pine, State of Nevada, the sum of seven hundred and sixty-nine dollars and sixty-seven cents, to reimburse said county for money expended in caring for certain Indians who contracted smallpox during the smallpox epidemic from February twenty-sixth to July first, nineteen hundred and one.

That the Secretary of the Interior is hereby authorized and directed to pay, out of any money in the Treasury belonging to the Creek Nation, to Ruter W. Springer, executor of the estate of William M.

{Page 56}

Springer, deceased, the sum of three thousand six hundred and eighty-seven dollars and forty-eight cents, in full for professional services to said nation, under an act of the national council of said nation approved May twenty-fifth, nineteen hundred and one. The Secretary of the Interior is also authorized and directed to pay to said executor, out of any money in the Treasury of the United States belonging to the Cherokee Nation, two Cherokee warrants issued to William M. Springer for one thousand five hundred dollars each, dated, respectively, July second, nineteen hundred, and January twenty-eighth, nineteen hundred and one, and payable to him, or on his order, for professional services to said nation, under an act of the national council of said nation passed December ninth, eighteen hundred and ninety-nine, together with interest on said warrants to the time of payment according to the tenor and effect of said warrants, said sums to be immediately available.

That the Secretary of the Interior is further authorized and directed to pay to said executor, out of any money in the Treasury belonging to the Kiowa, Comanche, and Apache tribes of Indians, in Oklahoma, the sum of five thousand dollars, in full for professional services rendered by the said William M. Springer to said Indians in the Supreme Court of the District of Columbia, in the case of Lone Wolf and others against the Secretary of the Interior and others, and two thousand dollars for professional services in said case on appeal in the Supreme Court of the United States, and four hundred and eighty-four dollars and ten cents for expenses incurred on behalf of said Indians in the prosecution of said suit; in all, seven thousand four hundred and eighty-four dollars and ten cents, under a contract with said Indians executed on the twenty-second day of June, anno Domini nineteen hundred and one, said sum to be immediately available.

To pay to the Pottawatomie Indians of Michigan whose names are set forth in Schedule A, annexed to claimants’ requests for findings of fact, as stated and found by the Court of Claims in finding four, in the case of Phineas Pamtopee and others against the United States, reported in the Thirty-sixth Court of Claims Reports at page four hundred and thirty, there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of seventy-eight thousand three hundred and twenty-nine dollars and twenty-five cents, the Secretary of the Interior to distribute and pay the same to the Indians, respectively, mentioned in said Schedule A, and if any of them have died, then the sum or share that would have been paid to such Indian or Indians, respectively, if living, the Secretary shall pay to the heirs or legal representatives of each of those dead; such payments, when made to be in full for any and all claims which said Indians may have under or by virtue of the treaty and articles supplementary thereto, made with the Pottawatomie Indians September twenty-sixth and twenty-seventh, eighteen hundred and thirty-three, and duly proclaimed February twenty-first, eighteen hundred and thirty-five, said sum to be immediately available.

That there be, and is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, the sum of twenty-five thousand dollars, or so much thereof as may be necessary, for the survey and subdivision of a portion of the Coeur d’Alene Indian Reservation in the State of Idaho, and of lands to be allotted to the Indians thereon.

To enable the Secretary of the Interior to purchase, in his discretion, at such price as he may deem reasonable and just, for the use and occupancy of the Indians of Verde River Valley and Camp McDowell, Arizona, and such other Indians as he may see fit to locate thereon, the claims of whatsoever nature to lands and permanent improvements placed upon said lands prior to November ninth, nineteen hundred and three, within the former Camp McDowell abandoned military reservation, Arizona, now the Camp McDowell Indian Reservation,

{Page 57}

of such of the settlers thereon as may, upon proper investigation, be found to have valid rights thereto under any laws of the United States; and also in his discretion to purchase the improvements located on said reservation of any or all of such settlers as may be found by such investigation not to have valid rights attaching to the lands, the sum of not to exceed fifty thousand dollars, or so much thereof as may be necessary, the same to be immediately available.

That any private land over which an Indian reservation has been extended by Executive order may be exchanged at the discretion of the Secretary of the Interior and at the expense of the owner thereof and under such rules and regulations as may be prescribed by the Secretary of the Interior, for vacant, nonmineral, nontimbered, surveyed public lands of equal area and value and situated in the same State or Territory.

SUPPORT OF SCHOOLS.

For support of Indian day and industrial schools, and for other educational purposes not hereinafter provided for, one million two hundred and forty thousand dollars.

For construction, purchase, lease, and repair of school buildings, and sewerage, water supply, and lighting plants, and purchase of school sites, and improvement of buildings and grounds, three hundred and fifty thousand dollars; in all, one million five hundred and ninety thousand dollars: Provided, however, That the Commissioner of Indian Affairs may, when in his judgment the good of the service will be promoted thereby, suspend or discontinue any reservation, Indian school, and, with the approval of the Secretary of the Interior, may sell any reservation school building or plant that is no longer desirable as an Indian school upon any reservation and invest the proceeds in other school buildings and plants, as the needs of the service may demand, under such rules and regulations as he may, with the approval of the Secretary of the Interior, prescribe.

For support and education of three hundred Indian pupils at Albuquerque, New Mexico, fifty thousand one hundred dollars; for pay of superintendent of said school, one thousand eight hundred dollars; for water system, five hundred dollars; general repairs and improvements, five thousand dollars; for the purchase of additional land for agricultural and other purposes adjoining or adjacent to said school, not to exceed two hundred acres, and for the construction of new buildings and the furnishing and equipping thereof, and for the repair and equipment of the present buildings and plant, and the improvement of the grounds of said school, to be expended subject to the discretion and under the direction of the Commissioner of Indian Affairs, fifty thousand dollars; in all, one hundred and seven thousand four hundred dollars.

For the support and education of two hundred Indian pupils at Chamberlain, South Dakota, thirty-three thousand four hundred dollars; for pay of superintendent of said school, one thousand six hundred dollars; for general repairs and improvements, two thousand five hundred dollars; industrial buildings, five thousand dollars; equipment of laundry, one thousand five hundred dollars; in all, forty-four thousand dollars.

For support of one hundred and fifty pupils at the training school at Cherokee, North Carolina, twenty-five thousand and fifty dollars; for pay of superintendent of said school, one thousand five hundred dollars; for general repairs and improvements, two thousand five hundred dollars; in all, twenty-nine thousand and fifty dollars.

For support of Indian industrial school at Carlisle, Pennsylvania, for transportation of pupils to and from said school, and for general

{Page 58}

repairs and improvements, one hundred and fifty-seven thousand dollars; for additional salary for superintendent in charge, one thousand dollars; in all, one hundred and fifty-eight thousand dollars.

For support and education of three hundred Indian pupils at the Indian school at Carson City, Nevada, fifty thousand one hundred dollars; for pay of superintendent at said school, one thousand eight hundred dollars; for general repairs and improvements, two thousand five hundred dollars; for addition to dining room, one thousand dollars; for purchase of land and to secure water rights, four thousand dollars; in all, fifty-nine thousand four hundred dollars.

For support of seven hundred Indian pupils at the Indian school at Chilocco, Oklahoma Territory, one hundred and sixteen thousand nine hundred dollars; for pay of superintendent at said school, two thousand five hundred dollars; for general repairs and improvements, seven thousand five hundred dollars; for domestic building and dairy barn, thirty-five thousand dollars; for cisterns, two thousand five hundred dollars; in all, one hundred and sixty-four thousand four hundred dollars.

For support and education of three hundred and seventy-five Indian pupils at the Riggs Institute, Flandreau, South Dakota, sixty-two thousand six hundred and twenty-five dollars; for general repairs and improvements, three thousand five hundred dollars; for pay of superintendent of said school, one thousand eight hundred dollars; addition to shop building, one thousand six hundred dollars, to be immediately available; to construct employees’ quarters, two thousand dollars; in all, seventy-one thousand five hundred and twenty-five dollars.

For support and education of two hundred Indian pupils at the Indian school, Fort Mojave, Arizona, thirty-three thousand four hundred dollars; for pay of superintendent of said school, one thousand six hundred dollars; for general repairs and improvements, two thousand dollars; for hospital building, six thousand dollars; one eighty-horsepower boiler for irrigation, one thousand six hundred dollars; in all, forty-four thousand six hundred dollars.

For support and education of three hundred and twenty-five Indian pupils at Indian school, Fort Totten, North Dakota, fifty-four thousand two hundred and seventy-five dollars; for pay of superintendent at said school, one thousand seven hundred dollars; for general repairs and improvements, five thousand dollars; additions to heating system, three thousand five hundred dollars; in all, sixty-four thousand four hundred and seventy-five dollars.

For support and education of three hundred Indian pupils at the Indian school, Genoa, Nebraska, fifty thousand one hundred dollars; for general repairs and improvements, including fire escapes, five thousand five hundred dollars; for pay of superintendent of said school, one thousand seven hundred dollars; for superintendent’s residence, three thousand dollars; for increasing the amount of ten thousand dollars appropriated in the Indian appropriation act for the fiscal year nineteen hundred and three, approved May twenty-seventh, nineteen hundred and two, for boiler house and boilers, and so forth, eight thousand dollars, to be immediately available; in all, sixty-eight thousand three hundred dollars.

For support and education of two hundred Indian pupils at the Indian school at Grand Junction, Colorado, thirty-three thousand, four hundred dollars; pay of superintendent at said school, one thousand six hundred dollars; general repairs and improvements, including fire escapes and fire protection, five thousand, five hundred dollars; laundry, three thousand five hundred dollars; for the construction of a mess hall, kitchen, and quarters for employees, twenty-five thousand dollars, to be immediately available: Provided That the Commissioner of Indian Affairs may in his judgment, if deemed necessary, have the

{Page 59}

same constructed, using pupil labor as far as possible; in all, sixty-nine thousand dollars.

For the support and education of one hundred and twenty Indian pupils at the school at Hampton, Virginia, twenty thousand and forty dollars.

For the support and education of one hundred and seventy-five pupils at the Indian school at Hayward, Wisconsin, twenty-nine thousand two hundred and twenty-five dollars; pay of superintendent, one thousand five hundred dollars; general repairs and improvements, two thousand dollars; in all, thirty-two thousand seven hundred and twenty-five dollars.

For support and education of seventy Indian pupils at the Indian school, Kickapoo Reservation, Kansas, eleven thousand six hundred and ninety dollars; for pay of superintendent, one thousand three hundred dollars; general repairs and improvements, including superintendent’s cottage, blacksmith and carpenter shop, and water system, five thousand five hundred dollars; in all, eighteen thousand four hundred and ninety dollars.

For support and education of seven hundred and fifty Indian pupils at the Indian school, Haskell Institute, Lawrence, Kansas, for transportation of pupils to and from said school, one hundred and twenty-five thousand two hundred and fifty dollars; for pay of superintendent at said school, two thousand five hundred dollars; for tile draining farm, six thousand dollars; for general repairs and improvements, eight thousand dollars; for one hospital building, twenty thousand dollars; in all, one hundred and sixty-one thousand seven hundred and fifty dollars.

For the support and education of one hundred and fifty Indian pupils at Morris, Minnesota, Indian school, twenty-five thousand and fifty dollars; pay of superintendent, one thousand five hundred dollars; for extending sewer, four thousand dollars; for purchase of land, three thousand two hundred dollars; for general repairs and improvements, one thousand dollars; in all, thirty-four thousand seven hundred and fifty dollars.

For support and education of three hundred Indian pupils at the Indian school, Mount Pleasant, Michigan, fifty thousand one hundred dollars; for pay of superintendent of said school, one thousand seven hundred dollars; for the construction and equipment of a laundry, five thousand dollars, to be immediately available; for general repairs and improvements, including industrial buildings, ten thousand dollars; in all, sixty-six thousand eight hundred dollars.

For support and education of seven hundred Indian pupils at the Indian school at Phoenix, Arizona, one hundred and sixteen thousand nine hundred dollars; for general repairs and improvements, including farmhouse, eleven thousand dollars; for pay of superintendent at said school, two thousand five hundred dollars; in all, one hundred and thirty thousand four hundred dollars.

For support and education of one hundred and fifty Indian pupils at Indian industrial school at Pierre, South Dakota, twenty-five thousand and fifty dollars; for pay of superintendent of said school, one thousand five hundred dollars; for general repairs and improvements, two thousand dollars; purchase of land, ten thousand dollars; heating plant five thousand dollars; in all, forty-three thousand five hundred and fifty dollars: Provided, That the Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, is hereby authorized to sell the present school farm, or so much thereof as may be deemed desirable, the proceeds of such sale to be applied to the general improvement of the school plant.

For support and education of one hundred and fifty Indian pupils at the Indian school, Pipestone, Minnesota, twenty-five thousand and

{Page 60}

fifty dollars; for pay of superintendent at said school, one thousand five hundred dollars; for general repairs and improvements, two thousand five hundred dollars; in all, twenty-nine thousand and fifty dollars.

For support and education of two hundred and fifty Indian pupils, Rapid City, South Dakota, forty-one thousand seven hundred and fifty dollars; for pay of superintendent, one thousand six hundred dollars; for general repairs and improvements, two thousand five hundred dollars; for hospital and industrial buildings, fourteen thousand dollars; for the purchase of additional land not exceeding fifty acres, in the discretion of the Commissioner of Indian Affairs, three thousand dollars; in all, sixty-two thousand eight hundred and fifty dollars.

For support and education of four hundred and fifty pupils at the Indian school, Riverside, California, seventy-five thousand one hundred and fifty dollars; for pay of superintendent, two thousand dollars; for additional water irrigation and sewer systems, six thousand dollars; for dairy sheds and other improvements on farm, five thousand dollars; for general repairs and improvements, ten thousand dollars; in all, ninety-eight thousand one hundred and fifty dollars: Provided, That so much of said amounts as may be necessary in the judgment of the Commissioner of Indian Affairs may be used for the education and support of pupils and repairs to the plant at the Indian school, Perris, California.

For support and education of six hundred pupils at the Indian school, Salem, Oregon, one hundred thousand two hundred dollars; for pay of superintendent at said school, two thousand dollars; for hospital, fifteen thousand dollars; for general repairs and improvements, six thousand dollars; for employees’ buildings, five thousand dollars; for completion of horse barn and dairy barn, five thousand dollars, and the amounts for this purpose, appropriated in the Indian appropriation bill for the fiscal year ending June thirtieth, nineteen hundred and four, are hereby reappropriated; in all, one hundred and thirty-three thousand two hundred dollars, that the appropriations for the hospital employees’ buildings and barn are hereby made immediately available.

For the support and education of eighty Indian pupils, Sac and Fox Reservation, Iowa, thirteen thousand three hundred three hundred and sixty dollars; for pay of superintendent, one thousand dollars; for general repairs and improvements, including water system, complete, five thousand five hundred dollars; in all, nineteen thousand eight hundred and sixty dollars.

For support and education of three hundred Indian pupils at the Indian school at Santa Fe, New Mexico, fifty thousand one hundred dollars; for pay of superintendent at said school, one thousand eight-hundred dollars; for water supply, one thousand five hundred dollars; for general repairs and improvements, five thousand dollars; for the erection and equipment of a building for the accommodation of one hundred and fifty girls, twenty-five thousand dollars; sewer system, five hundred dollars; for employees’ cottages, three thousand dollars; boys’ bath house, three thousand dollars; in all, eighty-nine thousand nine hundred dollars.

For support and education of one hundred and seventy-five Indian pupils at the Indian school, Shoshone Reservation, Wyoming, twentynine thousand two hundred and twenty-five dollars; for pay of superintendent at said school, one thousand five hundred dollars; for new buildings and general repairs and improvements, twenty-seven thousand dollars; for sewerage system and water system, thirteen thousand dollars; in all, seventy thousand seven hundred and twenty-five dollars.

{Page 61}

For support and education of seventy-five pupils at the Indian school in southern Utah, twelve thousand five hundred and twenty-five dollars; pay of superintendent, nine hundred dollars; general repairs and improvements, five hundred dollars; in all, thirteen thousand nine hundred and twenty-five dollars.

For the support and education of two hundred and twenty-five Indian pupils at the Indian school, Tomah, Wisconsin, thirty-seven thousand five hundred and seventy-five dollars; for pay of superintendent at said school, one thousand six hundred dollars; for industrial building and equipment, ten thousand dollars; for general repairs and improvements, two thousand dollars; in all, fifty-one thousand one hundred and seventy-five dollars.

For support and education of one hundred and fifty pupils at the Indian school at Truxton Canyon, Arizona, twenty-five thousand and fifty dollars; pay of superintendent, including three hundred dollars for acting as physician, one thousand eight hundred dollars; general repairs and improvements, including employees’ cottages, five thousand dollars; for office for superintendent, two thousand dollars; for heating and lighting, four thousand four hundred dollars; in all, thirty-eight thousand two hundred and fifty dollars.

For the maintenance, strengthening, and enlarging of the tribal schools of the Cherokee, Creek, Choctaw, Chickasaw, and Seminole Nations, and making provisions for the attendance of children of noncitizens therein, and the establishment of new schools under the control of the tribal school boards and the Department of the Interior, the sum of one hundred thousand dollars, or so much thereof as may be necessary, to be placed in the hands of the Secretary of the Interior and disbursed by him under such rules and regulations as he may prescribe.

That for the purpose of establishing an Indian agricultural school at or near the city of Wahpeton, in the State of North Dakota, for the purchase of a suitable site and necessary farming land, to be selected by the Commissioner of Indian Affairs with the approval of the Secretary of the Interior, for the erection of buildings and other improvements to adapt said school to the purpose of an Indian agricultural farm and stock-raising school, the sum of one hundred thousand dollars be, and the same is hereby, appropriated: Provided, That the course of instruction shall include principally practical instruction in farming, stock raising, and kindred pursuits.

For an additional amount to establish an Indian school in the county of Elko, State of Nevada, and to provide a suitable site therefor, for the purchase of land, erection of buildings, and for other purposes, in addition to the forty thousand dollars appropriated in the Indian appropriation act for the fiscal year nineteen hundred and three, approved May twenty-seventh, nineteen hundred and two, thirty-five thousand dollars.

For collection and transportation of pupils to and from Indian schools, and also for the transportation of Indian pupils from all the Indian schools and placing of them, with the consent of their parents, under the care and control of such suitable white families as may in all respects be qualified to give such pupils moral, industrial, and educational training, under arrangements in which their proper care, support, and education shall be in exchange for their labor, sixty thousand dollars.

That all expenditure of money appropriated for school purposes in this act shall be at all times under the supervision and direction of the Commissioner of Indian Affairs, and in all respects in conformity with such conditions, rules, and regulations as to the conduct and methods of instruction and expenditure of money as may be from time to time prescribed by him, subject to the approval of the Secretary of the

{Page62 }

Interior: Provided, That not more than one hundred and sixty-seven dollars shall be expended for the annual support and education of any one pupil in any school herein specifically provided for, except when, by reason of epidemic, accident, or other sufficient cause the attendance is so reduced that a larger expenditure is absolutely necessary for the efficient operation of the school affected, when the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior may allow a larger per capita expenditure, such expenditure to continue only so long as the said necessity therefor shall exist: Provided further, That the total amount appropriated for the support of such school shall not be exceeded: Provided further, That the number of pupils in any school entitled to the per capita allowance hereby provided for shall be determined by taking the average enrollment for the entire fiscal year and not any fractional part thereof: Provided also, That in preparing implements and room for laundry work in all Indian schools arrangements shall be made for doing by hand such an amount of said work as may be sufficient to teach the female pupils the art of hand laundry work.

SEC. 2

That no purchase of supplies for which appropriations are herein made, exceeding in the aggregate five hundred dollars in value at any one time, shall be made without first giving at least three weeks’ public notice by advertisement, except in case of exigency, when, in the discretion of the Secretary of the Interior, who shall make official record of the facts constituting the exigency, and shall report the same to Congress at its next session, he may direct that purchases may be made in open market in amount not exceeding three thousand dollars at any one purchase: Provided, That supplies may be purchased, contracts let, and labor employed for the construction of artesian wells, ditches, and other works for irrigation, in the discretion of the Secretary of the Interior, without advertising as hereinbefore provided: Provided further, That as far as practicable Indian labor shall be employed and purchases in the open market made from Indians, under the direction of the Secretary of the Interior.

SEC. 3

That the Secretary of the Interior may use any surplus that may remain in any of the said appropriations herein made for the purchase of subsistence for the several Indian tribes, to an amount not exceeding twenty-five thousand dollars in the aggregate, to supply any subsistence deficiency that may occur: Provided, That any diversions which shall be made under authority of this section shall be reported in detail, and the reason therefor, to Congress, at the session of Congress next succeeding such diversion: Provided further, That the Commissioner of Indian Affairs, subject to the approval of the Secretary of the Interior, may use any sums appropriated in this act for subsistence, and not absolutely necessary for that purpose, for the purchase of stock cattle for the benefit of the tribe for which such appropriation is made, and shall report to Congress, at its next session thereafter, an account of his action under this provision: Provided further, That funds appropriated to fulfill treaty obligations shall not be used.

SEC. 4

That when not required for the purpose for which appropriated, the funds herein provided for the pay of specified employees at any agency may be used by the Commissioner of Indian Affairs, subject to the approval of the Secretary of the Interior, for the pay of other employees at such agency, but no deficiency shall be thereby created; and, when necessary, specified employees may be detailed for other service when not required for the duty for which they were engaged; and that the several appropriations herein made for millers, blacksmiths, engineers, carpenters, physicians, and other persons, and for various articles provided for by treaty stipulation for the several Indian tribes, may be diverted to other uses for the benefit of said

{Page 63}

tribes, respectively, within the discretion of the President, and with the consent of said tribes, expressed in the usual manner; and that he cause report to be made to Congress, at its next session thereafter, of his action under this provision.

SEC. 5

That whenever, after advertising for bids for supplies in accordance with sections three and four of this act, those received for any article contain conditions detrimental to the interests of the Government, they may be rejected, and the articles specified in such bids purchased in open market, at prices not to exceed those of the lowest bidder, and not to exceed the market price of the same, until such time as satisfactory bids can be obtained, for which immediate advertisement shall be made: Provided, That so much of the appropriations herein made as may be required to pay for goods and supplies, for expenses incident to their purchase, and for transportation of the same, for the year ending June thirtieth, nineteen hundred and five, shall be immediately available, but no such goods or supplies shall be distributed or delivered to any of said Indians prior to July first, nineteen hundred and four.

SEC. 6

That the Commissioner of Indian Affairs shall report to each Congress, at the first regular session thereof, 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.

SEC. 7

That no part of the moneys herein appropriated for fulfilling treaty stipulations shall be available or expended unless expended without regard to the attendance of any beneficiary at any school other than a Government school.

SEC. 8

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 the various reservations, and to extend the protection of the laws of 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 the Ponca tribe and to each and every child born of a recognized member of the Otoe and Missouria tribe of Indians since the completion of allotments to said tribes, respectively, and prior to the thirtieth day of June, nineteen hundred and four, and alive and in being on that date, eighty acres of agricultural or one hundred and sixty acres of grazing land within the reservation of the tribe to which said child belongs. That after said allotments shall have been made the remaining unallotted lands in each of said reservations shall be allotted under said acts in such manner as to give all the members of the tribe living on the thirtieth day of June, nineteen hundred and four, as near as may be, an equal quantity of land in acres: Provided, That before making said allotments the Secretary of the Interior may reserve for Government purposes, or for the common use of the tribe, not exceeding six hundred and forty acres in each of said reservations: Provided further, That the reservation lines of the said Ponca and Otoe and Missouria Indian reservations be, and the same are hereby, abolished; and the territory comprising said reservations shall be attached to and become part of the counties of Kay, Pawnee and Noble, in Oklahoma Territory, as follows:

Township twenty-five north, of range one east, of the Indian meridian, and fractional township twenty-five north, of range two east, of

{Page 64}

the Indian meridian, now in the Ponca Indian Reservation, shall be attached to and become a part of Kay County. The Kansas Reservation in Oklahoma is hereby attached to Kay County.

Township twenty-four north, of range one east, of the Indian meridian; fractional township twenty-four north, of range two east, of the Indian meridian; fractional township twenty-four north, of range three east, of the Indian meridian; fractional township twenty-four north, or range four east, of the Indian meridian, and that part of fractional township twenty-five north, of ranges three and four east, of the Indian meridian, lying south of the Arkansas River, all in the Ponca Indian Reservation; township twenty-three north, of ranges one and two east, of the Indian meridian, all in the Otoe and Missouria Indian Reservation, shall be attached to and become a part of Noble County.

Fractional township twenty-three north, of range three east, of the Indian meridian, and township twenty-two north, of range three, of the Indian meridian, all in the Otoe and Missouria Reservation, shall be attached to and become a part of Pawnee County.

SEC. 9

That section eleven of the act approved March second, eighteen hundred and ninety-five, entitled “An act 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-six, and for other purposes,” be, and the same is hereby, repealed.

SEC. 10

That Joseph M. Campbell, a Santee Indian, may purchase, upon such terms and conditions as the Secretary of the Interior may prescribe, a tract of not exceeding five acres from the lands reserved for the Santee Agency, Nebraska, including the land upon which the improvements of said Campbell are located, and the Secretary of the Interior is authorized to convey said tract to the said Campbell by patent in fee. And Stephen Blacksmith, a Santee Indian, may, in the discretion of the Secretary of the Interior, purchase upon such terms and conditions as the Secretary of the Interior may prescribe, a tract of not exceeding five acres from the lands reserved for the Santee Agency, Nebraska, including the land upon which the improvements of said Stephen Blacksmith are located, and the Secretary of the Interior is authorized in his discretion to convey said tract to said Blacksmith by patent in fee. That all restrictions upon the sale of land of the persons herein named, who are adult citizens of the Creek Nation, Indian Territory, as now existing, are hereby removed in each of the following cases, and they shall have power and authority hereafter to sell the surplus land hereinafter described without restrictions;

Tulsa Harjo: Northeast quarter of north quarter of section thirty-two, township nine north, range thirteen east; north half of northwest quarter of section thirty-three, township nine north, range thirteen east.

Salina Emarthla: North half of southeast quarter; southwest quarter of southeast quarter; west half of southeast quarter of southeast quarter of section twenty-nine, township nine, range thirteen east; west half of northwest half of northwest quarter of northeast quarter of section thirty-two, township nine and range thirteen east.

Susie Buckner: Southeast quarter of northeast quarter of section thirty-two, township nine, range thirteen east; southwest quarter of northwest quarter of section thirty-three, township nine, range thirteen east.

Okchun Emarthla: East half of northwest quarter of northeast quarter of section thirty-two, township nine, range thirteen east.

And from and after the passage of this act said lands shall be subject to taxation. Nothing herein shall authorize either of said parties to sell any part of their homesteads.

{Page 65}

SEC. 11

That Edgar Hendrix, Wichita allottee numbered three hundred and forty-nine, to whom trust patent has been issued containing restrictions upon alienation, may sell and convey not exceeding one-half of his allotment, but such conveyance shall be subject to the approval of the Secretary of the Interior, and when so approved shall convey a full title to the purchaser the same as if a final patent without restrictions had been issued to the allottee.

SEC. 12

That the Indians living along and near the Colville River in Stevens County, State of Washington, to whom trust patents have been issued containing restrictions upon alienation, may sell and convey, for drainage purposes, so much of such allotments as may be necessary for right of way for drainage canals, but such conveyances shall be subject to the approval of the Secretary of the Interior, and when so approved shall convey, for said purposes, a full title to the purchasers the same as if final patent without restrictions had been issued to the allottees.

That the Secretary of the Interior be, and he is hereby, authorized and directed to issue a patent in fee to Zonee Adams, a member of the Kiowa, Comanche, and Apache tribes of Indians, for the lands heretofore allotted to her in the Territory of Oklahoma, and all restrictions as to the sale, incumbrance, or taxation of said lands are hereby removed.

SEC. 13

That James N. Jones, Kiowa allottee numbered twenty-six, to whom a trust patent has been issued containing restriction upon alienation, may sell and convey not exceeding one-half of his allotment, but that such conveyance shall be subject to the approval of the Secretary of the Interior, and when so approved shall convey full title to the purchaser the same as if a final patent without restriction had been issued to the allottee.

SEC. 14

That the Secretary of the Interior be, and he is hereby, authorized and directed to issue patents in fee, severally, to Pasapa or Amanda C. Hines, John W. Hines, junior, Lydia A. Marshall, Ehpriam D. Prescott, and Ida C. Peek, members of the Sisseton and Wahpeton tribe of Indians, for the lands heretofore allotted to them in Roberts County, in the State of South Dakota, and all restrictions as to sale, incumbrance, or taxation of said lands are hereby removed.

SEC. 15

That the Secretary of the Interior be, and he is hereby, authorized and directed to issue a patent in fee to William A. Trousdale, a citizen Pottawatomie allottee, for the land heretofore allotted to him in Oklahoma, to wit: The northwest quarter of the northeast quarter of section thirty-six, township seven north, range two east of the Indian meridian, and all restrictions as to the sale, incumbrance, or taxation of said land are hereby removed.

SEC. 16

That the Secretary of the Interior be, and he is hereby, authorized and directed to issue a fee simple patent to George J. Lemmon, a member of the Winnebago Tribe of Indians, for the lands heretofore allotted to him in Nebraska, to wit: The northwest quarter of the southeast quarter of section thirty-five, township twenty-six north, of range six east, of the sixth principal meridian, in Thurston County, and all restrictions as to the sale, incumbrance, or taxation of the same are hereby removed.

SEC. 17

That the Secretary of the Interior be, and he is hereby, authorized and directed to issue patents in fee to Nellie H. Davis, a Cheyenne and Arapahoe Indian, for the lands heretofore allotted to her in the Territory of Oklahoma, and all restrictions as to the sale, incumbrance, or taxation of said lands are hereby removed, said lands being described as follows, to wit: The northeast quarter of section twenty-nine, township fourteen north, of range fifteen west, of Indian meridian, in Oklahoma Territory.

{Page 66}

SEC. 18

That the Secretary of the Interior is hereby authorized and directed to withhold from sale or other disposition the irregular tract of land containing seventy-eight and sixty-eight one-hundredths acres, more or less, lying in the northwest quarter of section two and the northeast quarter of section three, township one south, range three east, and being within the exterior boundaries of the proposed town site of Sulphur, in the Chickasaw Nation, Indian Territory, and excluded from said town site by order of the Secretary of the Interior, of October twentieth, nineteen hundred and three, and also to withdraw and withhold from disposition the tract of land within the exterior boundaries of said proposed town site, lying south of and adjacent to the tract above mentioned, containing in the aggregate one hundred and thirty-eight acres, more or less, and mentioned in the report of Gerard H. Matthes, of December twenty-seventh, nineteen hundred and three, to F. H. Newell, Chief Engineer United States Geological Survey, and shown upon the map accompanying said report by a yellow line.

The land hereby reserved shall be paid for by the United States at the rate of sixty dollars per acre and in the same manner as the land acquired in accordance with paragraph sixty-four of the act of Congress approved July first, nineteen hundred and two, entitled “An act to ratify and confirm an agreement with the Choctaw and Chickasaw Tribes of Indians, and for other purposes,” and such money as may be necessary to carry out this provision is hereby appropriated, from any money in the United States Treasury not otherwise appropriated and made immediately available.

All improvements upon said land, at the passage of this act, shall be appraised and paid for as provided in said paragraph sixty-four of the act of July first, nineteen hundred and two.

The land hereby reserved shall, immediately upon payment therefor by the United States, be and become a part of the reservation heretofore established at the said village Sulphur, and shall be subject to all the provisions of said section sixty-four of the act of July first, nineteen hundred and two, respecting the care, control, direction, use, and occupancy thereof, as if they had been included in the original segregation: Provided, That the Secretary of the Interior is hereby authorized, in the absence of other provisions for the care and management thereof, to designate an officer or employee of his department to take charge of the land, whether acquired under said section sixty-four of the act of July first, nineteen hundred and two, or under this act, and to enforce rules and regulations for the control and use thereof, and of the waters of the springs and creeks within the reservation: Provided further, That the Secretary of the Interior is hereby authorized, in his discretion, to sell or dispose of any buildings upon the land hereby reserved and upon the land originally reserved, and all money received from such sales, as well as all money heretofore received or that may hereafter be realized for the use of said waters or for the use and occupancy of the land or the building thereon, through leases, permits, or otherwise, may be expended under the direction of the Secretary of the Interior for the care and management of said lands and the preservation of the improvements thereon: And provided further, That if any person, firm, or corporation shall willfully violate any of the rules and regulations prescribed by the Secretary of the Interior relative to the use of the waters of said springs and creeks and the use and occupation of the lands in said reservation, such person, firm, corporation, or members or agents thereof, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than five dollars and not more than one hundred dollars, and may be imprisoned for a term of not more than six months for each offense.

{Page 67}

The Secretary of the Interior is hereby directed to appraise, at their actual value at the time of such appraisement, all town lots held by citizens of the United States within the limits of the tact of land ceded to the United States by the Choctaw and Chickasaw Nations, at or near Sulphur Springs, in the Chickasaw Nation, Indian Territory, and pay for the same to such lot holders severally, or to their legal representatives, the appraised value of such lots by warrants drawn by the Secretary of the Interior upon the Treasurer of the United States; and the amount necessary to pay the same is hereby appropriated from any money in the treasury not otherwise appropriated. The foregoing appraisal of lots shall be completed within three months from the passage of this act.

SEC. 19

That Seymour W. Hollister be reimbursed in the sum of four hundred and twenty-two dollars and twenty-six cents for attorney’s fees and disbursements on account of the action brought by the State of Wisconsin against the Government for timber purchased in good faith by the said Hollister of the Government, and which was alleged to have been wrongfully taken from State lands on the Menominee Reservation in Wisconsin.

SEC. 20

That the Secretary of the Interior be, and he is hereby, authorized and directed to pay, out of any available fund of the Cherokee Nation of Indians in the Treasury of the United States, to R. O. Evans and Company, of Green Bay, Wisconsin, the sum of three thousand eight hundred and seventy dollars, said amount being in full payment for maps furnished said tribe of Indians under a contract made with the council of said Cherokee Nation.

SEC. 21

That the Secretary of the Treasury is authorized and directed to pay to Mary Matthews, a clerk at the San Jacinto Indian Training School, California, the sum of one hundred dollars, from funds in the United States Treasury to the credit of the appropriation, “Removal and support of Mission Indians,” such being the amount paid by her from personal funds to Jose Antonio C. B. Mooat, an Indian of the Mission Agency, California, and such payment shall be a full discharge of the obligation of the United States to Jose Antonio C. B. Mooat, for the value of his garden crops on Warner’s ranch, California, authorized to be paid by act of May twenty-seventh, nineteen hundred and two.

That the Secretary of the Treasury be, and he is hereby, authorized and directed to set aside in the Treasury of the United States to the credit of the Chippewa Indians of Lake Superior and the Mississippi the sum of eighty-one thousand seven hundred and two dollars and sixty-one cents, said sum being the total amount arising from balances of appropriations under treaties with said Indian and covered into the Treasury between the years eighteen hundred and forty-three and eighteen hundred and seventy-eight, inclusive. That the said amount of eighty-one thousand seven hundred and two dollars and sixty-one cents shall be by the Secretary of the Interior paid to the Chippewa Indians of Lake Superior and the Mississippi in the proportion, if any, due to each (in case it shall be found that a division of such fund is equitable), or invested or applied for their benefit by the said Secretary as may be deemed most advantageous for the interests of the said Indians, and the sum of eighty-one thousand seven hundred and two dollars and sixty-one cents is hereby appropriated out of any money in the Treasury not otherwise appropriated for the purpose of carrying this provision into effect: Provided, That of this sum a sufficient amount shall be reserved by the Secretary of the Interior to pay the fees of attorneys for said Indians specified in the agreements which have been heretofore approved by the Commissioner of Indian Affairs and the Secretary of the Interior under the provisions of section twenty-one hundred and three of the Revised Statutes of the United States.

{Page 68}

The Secretary of the Treasury is authorized and directed to pay to the Delaware Tribe of Indians residing in the Cherokee Nation, as said tribe shall in council direct, the sum of one hundred and fifty thousand dollars in full of all claims and demands of said tribe against the United States, and the same is hereby appropriated and made immediately available: Provided, That said sum shall be paid only after the tribal authorities, thereunto duly and specifically authorized by the tribe, shall have signed a writing stating that such payment is in full of all claims and demands of every name and nature of said Delaware Indians against the United States, which writing shall be subject to the approval of the President of the United States and shall have provided for the discontinuance of all actions pending in all courts wherein said Delaware Indians are plaintiff and the United States defendants.

SEC. 22

That the Secretary of the Interior be, and he is hereby, authorized and directed to issue patents in fee to Boone Chandler, Estella Chandler, and Joseph Chandler, members of the Kiowa, Comanche, and Apache Tribes of Indians, whose allotments are numbered respectively two hundred and seven, two hundred and eight, and twenty-four hundred and sixty-one, for the lands heretofore allotted to them in the Territory of Oklahoma, and all restrictions as to the sale, incumbrance, or taxation of said lands are hereby removed.

SEC. 23

That the Secretary of the Interior be, and he is hereby, authorized and directed to issue a patent in fee to Nora G. Hazlett, a Caddo Indian, for not to exceed forty acres of the remaining eighty acres of the one hundred and sixty acres of land heretofore allotted to her in the Territory of Oklahoma, to wit, the northwest quarter of section eleven, township seven north, range twelve west, Indian meridian; and all restrictions as to the sale, incumbrance, or taxation of said land are hereby removed.

That the Secretary of the Interior be, and he is hereby, authorized and directed to issue patents in fee to Frank A. A. Robertson, Edmond Cheney Robertson, Ella F. Robertson, Samuel J. Brown, Joseph R. Brown, Augusta Brown, Jennie Brown, Susan F. Brown, Thomas A. Robertson, Ida Robertson, Nancy Tawaqin, members of the Sisseton and Wahpeton Band of Sioux Indians, for lands heretofore allotted to them in the State of South Dakota, and all restrictions as to sale, incumbrance, or taxation of said lands are hereby removed.

That the Secretary of the Interior be, and he is hereby, authorized and directed to approve a deed dated June ninth, nineteen hundred and three, from Joseph C. Melot, citizen Pottawatomie allottee, numbered four hundred and eighty-nine, and Eliza Melot, his wife, conveying to Louisa Melot (his divorced wife) the southwest quarter of the southeast quarter of section twenty-one, and the north half of the northeast quarter of section twenty-eight in township six north, range two east of the Indian meridian, in conformity with the order and decree of the judge of the district court for Pottawatomie County, Oklahoma, at the regular April term, eighteen hundred and ninety-eight, which decree was rendered in the divorce case of Joseph C. Melot against Louisa Melot, decreeing said land to the said Louisa Melot as alimony.

That Mark Burns, Chippewa allottee numbered seventeen (census of eighteen hundred and eighty-nine), to whom a trust patent has been issued containing restrictions upon alineation, may sell and convey from his allotment to the village of Cass Lake, county of Cass, State of Minnesota, the certain ten acres described as follows: Commencing eighty rods north from the quarter post on the section line between sections nine and sixteen, running thence north forty rods, thence east forty rods, thence south forty rods, thence west forty rods to the place of beginning, being ten acress located in the southwest corner of the

{Page 69}

northwest quarter of the southeast quarter of section nine, township one hundred and forty-five north, range thirty-one west, on the Chipewa Reservation, Minnesota, but such conveyance shall be subject to the approval of the Secretary of the Interior, and when so approved shall convey a full title to the purchaser the same as if a final patent without restriction had been issued to the allottee.

That the Secretary of the Interior be, and he hereby is, authorized and directed to issue patents in fee, severally, to Bert Dietrich, George A. Dietrich, Willie Pearl Dietrich, Clarence A. Dietrich, Ruby G. Dietrich, Thomas M. Dietrich, Charles Roache, Octaviana Roache, Sataro Roache, Brigida Roache, Sahropone or Sarapio Roache, Homy or Mary Roache, Pautrice Roache, Candelario Roache, Nicholas Roache, Kit Carson Farwell, Pearl Farwell, and Num mah che or Gertrude Farwell, members of the Kiowa, Comanche, and Apache Tribes of Indians, for the lands heretofore allotted to them respectively, in the Territory of Oklahoma, and all restrictions as to the sale, incumbrance, or taxation of said land are hereby removed.

That the Secretary of the Interior be, and he hereby is, authorized and directed to issue patents in fee, severally, to Lotsee Dietrich, Pokin Roache, George Chandler (allottee numbered two hundred and three), and Louisa B. Farwell, members of the Kiowa, Comanche, and Apache Tribes of Indians, for the lands heretofore allotted to them, respectively, in the Territory of Oklahoma, and all restrictions as to the sale, incumbrance, or taxation of said lands are hereby removed.

That the following-named allottees of lands situated in the Quapaw Agency, Indian Territory, are authorized to alienate certain portions of their allotments therein, described as follows, namely: Fred Long, the south half of the southeast quarter of the northwest quarter of section twenty-eight, twenty acres; John Faber, the east half of the southeast quarter of the southwest quarter of section twenty-eight, twenty acres; the heirs of George Bearskin, decreased, the northeast quarter of the southwest quarter of section twenty-two, forty acres; Annie Daugherty, the northeast quarter of the southeast quarter of section twelve, forty acres; and James Boone, lot numbered one in section three; all in township twenty-seven north, of range twenty-four east.

That the Secretary of the Interior is authorized and directed to permit an exchange of lands in Oklahoma Territory now included in Kiowa allotment numbered three hundred and ten for certain other lands in same Territory now included in Kiowa allotment numbered three hundred and twelve, and to issue new allotment patents to the allottees interested carrying the exchanges into effect.

SEC. 24

That the sum of twenty-five thousand dollars, or so much thereof as may be necessary, is hereby appropriated to pay the deputy clerks of the United States court in the Indian Territory the deficiency that may exist in their salaries from March first, nineteen hundred and three, to be paid by the disbursing clerk of the Department of Justice in the same manner as the salaries of the clerks of the several United States courts in the Indian Territory are now paid. That hereafter the salaries of the deputy clerks in the Indian Territory, appointed under the act of March first, eighteen hundred and ninety-five (Twenty-eighth Statutes, page six hundred and ninety-five), and acts amendatory thereto, be paid by the disbursing clerk for the Department of Justice at the rate of one thousand two hundred dollars per annum, as fixed by said act, in the same manner as the salaries of the clerks of the United States courts in the Indian Territory are now paid: Provided, That the deputy clerks shall receive as compensation for recording all instruments provided for in the act of February nineteenth, nineteen hundred and three (Thirty-second Statutes, page eight hundred and forty), the fees allowed

{Page 70}

for the recording of instruments provided for in said act, to an amount not exceeding the sum of one thousand eight hundred dollars per annum, out of which sum all the actual expenses for clerk hire shall be paid, and all fees so received by any deputy clerk as aforesaid, amounting to more than the sum of one thousand eight hundred dollars per annum shall be accounted for to the Department of Justice, as required in said act: Provided further, That at the towns of South McAlester, Muscogee, Vinita, and Ardmore, respectively, the clerks of the United States court, who are in charge at said places, but not the deputy clerks, shall be permitted to retain out of the fees collected for the recording and filing of all instruments provided for in the act of February nineteenth, nineteen hundred and three (Thirty-second Statutes, page eight hundred and forty), an amount not exceeding the sum of two thousand five hundred dollars per annum, out of which sum all the actual expenses for clerk hire necessary in the recording of instruments provided for in the above act, shall be paid and all fees so received by any clerk as aforesaid amounting to more than the sum of two thousand five hundred dollars per annum, shall be accounted for to the Department of Justice as required in said act.

SEC. 25

That in carrying out any irrigation enterprise which may be undertaken under the provisions of the reclamation act of June seventeenth, nineteen hundred and two, and which may make possible and provide for, in connection with the reclamation of other lands, the reclamation of all or any portion of the irrigable lands on the Yuma and Colorado River Indian Reservations in California and Arizona, the Secretary of the Interior is hereby authorized to divert the waters of the Colarado River and to reclaim, utilize, and dispose of any lands in said reservations which may be irrigable by such works in like manner as though the same were a part of the public domain: Provided, That there shall be reserved for and allotted to each of the Indians belonging on the said reservations five acres of the irrigable lands. The remainder of the lands irrigable in said reservations shall be disposed of to settlers under the provisions of the reclamation act: Provided, further, That there shall be added to the charges required to be paid under said act by settlers upon the unallotted Indian lands such sum per acre as in the opinion of the Secretary of the Interior shall fairly represent the value of the unallotted lands in said reservations before reclamation; said sum to be paid in annual installments in the same manner as the charges under the reclamation act. Such additional sum per acre, when paid, shall be used to pay into the reclamation fund the charges for the reclamation of the said allotted lands, and the remainder thereof shall be placed to the credit of said Indians and shall be expended from time to time, under the direction of the Secretary of the Interior, for their benefit.

SEC. 26

That in carrying out any irrigation enterprise which may be undertaken under the provisions of the reclamation act of June seventeenth, nineteen hundred and two, and which may make possible and provide for, in connection with the reclamation of other lands, the reclamation of all or any portion of the irrigable lands on the Pyramid Lake Indian Reservation, Nevada, the Secretary of the Interior is hereby authorized to reclaim, utilize, and dispose of any lands in said reservation which may be irrigable by such works in like manner as though the same were a part of the public domain: Provided, That there shall be reserved for and allotted to each of the Indians belonging on the said reservation five acress of the irrigable lands. The remainder of the lands irrigable in said reservation shall be disposed of to settlers under the provisions of the reclamation act: Provided further, That there shall be added to the charges required to be paid under said act by settlers upon the unallotted Indian lands such sum per acre as in the opinion of the Secretary of the Interior shall

{Page 71}

fairly represent the value of the unallotted lands in said reservation before reclamation, said sum to be paid in annual installments in the same manner as the charges under the reclamation act. Such additional sum per acre, when paid shall be used to pay into the reclamation fund the charges for the reclamation of the said allotted lands and the remainder thereof shall be placed to the credit of said Indians and shall be expended from time to time, under the direction of the Secretary of the Interior, for their benefit.

SEC. 27

That the Indian school authorized by the act of March third, nineteen hundred and one, entitled “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 two, and for other purposes,” to be located at or near the city of Mandan, in the State of North Dakota, is hereby located near the city of Bismarck, in the State of North Dakota, upon lands donated to the Government for that purpose and accepted by the Secretary of the Interior.

Approved, April 21, 1904.


Search | OSU Library Digitization Center

Produced by the Oklahoma State University Library
Generous support provided by The Coca-Cola Foundation, Atlanta, GA
URL: http://digital.library.okstate.edu/kappler/

Comments to: lib-dig@okstate.edu