INDIAN AFFAIRS: LAWS AND TREATIES

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

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


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—A—

Abandonment of tribal relations not to forfeit right to tribal property 23
to entitle Indians to enter homestead lands 23
Absentee Shawnee, agreement of June 26, 1890 411
allotments confirmed 412
allotments to be made 413
time for selection restricted 413
cession of lands in Indian Territory 411
payment for cession 413
school lands reserved 413
allotments confirmed and additional allotments to be made 412,413
excess of 80 acres may be sold by allottees 520
sale by allottees, actual residents of other States 701
sale by heirs of deceased allottees 701
cession of lands by, payment for 413
lands in Indian Territory, cession of 411
lands in Oklahoma, proclamation opening to settlement 951
settlers may commute homestead entries 505
settlers granted extension of time for payment 505,565
legislation relating to, note 414
statistics 1042
Absentee Wyandot, purchase of land in Indian Territory for use of 522
allotments in severalty 522
if in one of Five Civilized Tribes, allotments in severalty not to be made until provided for that tribe 567
lands in Choctaw and Chickasaw nations to be purchased 600
lands in Indian Territory not available for, Secretary of Interior to provide other lands 621
Accounts of officers of Indian service—  
agents, books to be kept and not to be removed from agencies 25
itemized statements to be kept 25
penalty for failure to make entries 25
transcripts of entries to be forwarded quarterly to Commissioner of Indian Affairs 25
Commissioner of Indian Affairs to examine 1
false entries, penalty for agents making 25
false vouchers, forfeiture of entire item claimed 32
knowledge of officers to be presumed 32
vouchers correctly presented not affected 32
settlement of accounts—  
before advances on succeeding year 10
employees intrusted with money and goods for distribution to settle accounts annually 9
delinquents to be reported to Congress 10
regulations for settlement to be prescribed by President 1
Treasury Department to have charge of settlements 1
traveling expenses, actual expenses only to be allowed 26
marshals, clerks of court, and district attorneys excepted 26
special agents allowed $3 per diem when in the field 31
Actions, burden of proof in suits between Indians and whites to be on whites 15
Five Civilized Tribes, for lands held by intruders claiming citizenship 91,92
appeals to United States Supreme Court 101
forcible entry and detainer, in Five Civilized Tribes 49,92
for allotments by persons denied citizenship 68,109,121
goods seized, actions against as under revenue laws 15
intoxicating liquor seized, actions against 18
qui tam action for penalties 18
Oklahoma, district courts of, jurisdiction in actions between Indians of different tribes 46
penalties, jurisdiction of actions for 15,18
tribal property, tribe to be party to suits affecting 90,654
United States district attorneys to represent Indians in all suits 66
Acknowledgement of deeds may be taken before agents 6
Acts of Cherokee council, President of United States to approve 112,727
Choctaw and Chickasaw council, President of United States to approve 654
Creek council, President of United States to approve 112,661,739
Ada, term of court at 121
Adoption of members, Stockbridge and Munsee, adoption of persons not of Indian descent to be void 130
tribes in Indian Territory, judgment against adopted members, execution may be made on improvements upon certain lands 50
Advances to officers of Indian service, not made until accounts of previous year are settled 10
Advertisement, irrigation contracts need not be advertised 113
supplies for Indian service 8,112
may be before appropriations are made, on basis of prior year 69
Agencies, appropriations for, estimates to show what amounts are required by respective agencies 27
boundaries to be established by Secretary of Interior 6
consolidation of agencies by the President 29
expenditure for employees at such agencies not to exceed $15,000 per annum 89
employees, expenditure for not to exceed $10,000 per annum, except at consolidated agencies 24,89
Indian labor to be preferred 29
interpreting not to be paid extra 67
number and kind of employees to be prescribed by the Secretary of the Interior 24,89
increase in number, how obtained 24
services of, agents' accounts to contain sworn statement of 24
expenses for employees at, not to exceed $10,000 per annum 24,89
except at consolidated agencies 89
for Southern Ute in Colorado 157
inspection by Indian inspectors 4
alternate visits by inspectors 5
inspectors need not visit twice a year 23
interpreters at agencies 6
employees not to be paid extra as 67
location to be within or near territory of tribe 6
place to be designated by the President 6
number of Indians to be reported annually 25
President may consolidated and abolish unnecessary agencies 25
may discontinne or transfer agencies 6
statistics and information relating to 1027
Agency buildings, sale when not required, section of land to be sold with 15
Agent at Cherokee, N. C., superintendent of industrial school to perform duties of 65,446
Agent of State may assist in negotiating treaty for cession of lands 14
Agents, account of expenditures to be kept 25
books to be open to inspection 25
not to be removed from agency 25
false entries, penalty for making 25
necessity for employment of labor to be stated under oath 24
certificate may be substituted 24
penalty for failing to keep accounts 25
settlement of accounts to be made before advances on succeeding year 10
transcript of entries to be forwarded quarterly to the Commissioner of Indian Affairs 25
acknowledgments of deeds, etc., may be taken before 6
allotments under general allotment act may be made by 33
reports in duplicate to be submitted to the Commissioner of Indian Affairs 33
annual reports of, to include census of Indians, operations of schools, and statistics of teachers 32
appointment to be made by the President 5
army officers may be detailed for duty as 100
appropriations not available for 100
Secretary of the Interior to have supervision 100
arrest and trial of Indian criminals and of fugitives from justice in the Indian country to be secured by 19
bonds to be furnished 5
liability to be for funds received from any source 101
sureties to file a statement of their property 25
California, residence to be at agencies 6
visits to Washington only on order of Commissioner, violations to be reported to the President 6
census of Indians to be reported annually 32
contracts, record of, to be kept 25
damages by trespass of tribal Indians upon lands of allottees to be ascertained by 14
delivery of goods and money to be witnessed and certified by 9
depositions relative to depredation claims to be taken 20
discontinuation of services when unnecessary 7
distilleries within agencies to be destroyed by 18
duties of agents 6
extra services, compensation allowed for actual expenses only 6
Agents, interpreters, nomination and suspension by agents 6
intruders in Indian country to be removed by 18
licenses to trade to be issued by 16
may perform duties of two agencies 5
not to leave agency without permission 6
not to leave agency without permission 6
passports to Indian country may be issued by 17
pensiona claims, declarations may be made before 21,64
proofs may be made before 22
President may dispense with services of 5
protection of Indians adopting habits of civilized life 14
reports to Commissioners of Indian Affairs 5
residence to be near or within territory of tribe 6
salary and compensation 5,67
extra services, actual expenses only to be paid 6
extra services, actual expenses only to be paid 67,79
bond to be same as other agents 67,79
Cherokee, N. C 65,446
supplies, number of Indians present and receiving, to be reported 13
rolls of Indians entitled to, to be annually reported 24
suspension temporarily by inspectors 4
term of office to be four years 5
to hold over until successor qualifies 5,29
Agriculture, Indians to be instructed in 7
annual report of 1
Agricultural lands, Five Civilized Tribes, leases of tribal lands prohibited, termination of existing leases 99
on ceded parts of reservations allotted under act of 1887 to be disposed of to actual settlers only 34
Alaska, sale of intoxicants and firearms to Indians prohibited 105
term “Indian” defined 105
Albany and Astoria Railroad Company, right of way through Grande Ronde Reservation, Oreg 512
Ale, introduction into Indian country prohibited 63
Alienation of allotments by heirs of deceased allottees 120
homestead not to be sold in certain cases 120
land to become subject to taxes 120
minors to sell by guardian 120
Indian homesteads forbidden for five years from patent 23
Alleghany Reservation, cemetery lands may be granted to Wildwood Cemetery Association 215
leases of land in certain villages 155
renewals not to exceed ninety-nine years 368
Allotments in severalty—  
Absentee Shawnee, provisions relating to 412,413
sale by allottees actual residents of other States 701
by heirs of deceased allottees 701
of land in excess of 80 acres 520
Absentee Wyandot in Indian Territory 522,621
when to be made if reservation is purchased in one of the Five Civilized Tribes 567
Apache, under agreement of October 21, 1892 709,710,711
Arickaree, Fort Berthold Reservation 425
Assiniboine, in Montana 263
Bannock, on Fort Hall Reservation, Idaho 314,705
Blackfeet, in Montana 263
on reservation in Montana, not to be made 606
Bloods, in Montana 263
Cayuse on Umatilla Reservation 224,225, 226
Cherokee Nation, general provisions relating to 498
area to be 100 acres 120
cattle grazing on, not to be taxed 798
certificates of allotment 789
contests to be filed in nine months from selection 797
decease of claimant, executor to select for heirs 789
Delawares to receive allotments 718,789
excessive holdings, penalty for 788
homesteads to be selected on 788
incompetents, selections for 797
improvements on lands, certain, to be paid for 797
intruders to be ejected 789
lands reserved from 724,790
leases for grazing and agricultural purposes 798
minors, selections for 797
in Cherokee Outlet 490
possession to be delivered by United States Indian agent 789
reserved lands 724,790
selection, area to be not less than legal subdivisions 788
selection, default of allottees, may be by commissioners to Five Civilized Tribes 788
under agreement of April 9, 1900 716,717, 718
under agreement of July 1, 1902 788
Cheyenne in Indian Territory, under agreement of October, 1890 416,417
Chickasaw Nation, general provisions for 498
area to be 320 acres 120
coal and asphalt lands reserved 775,784
contests to be filed in nine months from selection 786
freedmen 684,772,780
minors and incompetents 786
eserved lands 775
under agreement of April 23, 1897 647,648,649
under agreement of March 21, 1902 772
Chippewa, Grand Portage Reservation, timber on, may be cut and sold 713
in Michigan 158,161
in Minnesota, on Red Lake and White Earth reservations 302,303
to be completed 761
of Lake Superior, on La Pointe or Bad River Reservation 713
Chippewa and Christian reservations, Kans., deceased allottees without heirs, sale of allotment 624
patents to be issued for allotments 623
Choctaw Nation, general provisions relating to 498
area to be 320 acres 120
coal and asphalt lands reserved and to be sold 775,784
contests to be filed in nine months from selection 786
freedmen 684,772
minors and incompetents 786
Mississippi band 106
reserved lands 775
under agreement of March 21,1902 772
April 23, 1897 647,648,649
Citizens' Band of Potawatomi 410,520
sale by allottees, actual residents of other States 701
heirs of deceased allottees 701
Colville Reservation, Wash 441,667
schedule of lands allotted 1002
Comanche, under agreement of October 21, 1892 709,710,711
Creek Nation, provisions relating to 498
area to be 160 acres 120
Commission to Five Civilized Tribes to settle controversies 762
deeds for allotments 735
incumbrance prohibited for five years 764
in Seminole Nation 738
lands reserved from 735
under agreement of September 27, 1897 657,658,661
of March 8, 1900 730,731
ratified June 30, 1902 761
Crows in Montana 195,196,434
deficiencies to be compensated for 559
mining and other bona fide claims not to be selected 447
under agreement of August 27,1892 451
Eastern Shawnee, minor children to receive 752
Five Civilized Tribes, commission to allot lands 92,499
action for recovery of allotments when citizenship is denied 93
burial grounds reserved 93
church lands reserved 93
confirmation of allotments 93
improvements to be included in allotment 93
mineral lands not to be allotted 93
Mississippi Choctaw to receive on proof of identity and settlement in Choctaw and Chickasaw country 406
report of allotments 93
residence on lands of other tribe, allotment may be received there 99
school lands reserved 93
timber on allotments may be sold 97
town sites reserved 93
transfer of allotments forbidden 93
Flandreau Sioux 330
Flatheads in Bitter Root Valley, allotments may be sold and allottees removed to Jocko Reservation, Mont 327
general provisions for allotment 33
actions for, in United States circuit courts 68,109
not applicable to Five Civilized Tribes or Quapaw Agency 68,109
statutes of limitation to be applicable 121,122
agents to allot and certify allotments to Commissioner of Indian Affairs 33
to select for orphans 33
agents and special agents to select when person entitled to select fails for four years 33
alienation by heirs of deceased allottees 120
area, pro rata when lands are insufficient 57
citizenship accorded allottees 35
condemnation of allotted lands for public uses 113
Congress has authority to make provisions for 1058
descent and partition, law of State or Territory to govern 34,58
double allotments made by mistake, correction of 70
educational funds, allottees not to be excluded from 68
errors in allotments may be corrected during trust period 70
fees to be paid from United States Treasury 58
Five Civilized Tribes excepted from general provisions 35
grazing land to be allotted in double quantities 57
heads of families to select for minors 33
heirs of deceased allottees may alienate 120
homesteads not to be sold in certain cases 120
land to become subject to taxation 120
minors to sell by guardian 120
highways may be granted through 114
improvements to be embraced in selections 33
when two Indians have improvements on the same legal subdivision 33
intoxicants not to be brought upon while title is held in trust by United States 84
leases by allottees under disability 57,81,82,105,620
lieu selections upon surrender of patent 39
Miami and Peoria excepted from general provisions 35
minor children, heads of families to select for 33
nonreservation Indians to receive allotments as if on reservation 33
fees to be paid Land Office from United States Treasury 34
orphans, agents to select for 33
Osage excepted from general provisions 35
outside of Indian Territory, to be under act of 1887 800
patents to issue to allottee and his heirs in trust for twenty-five years 34
conveyance during trust period to be void 34
President may extend trust period 34
recordation and delivery to be free of charge 35
President to survey and allot reservations 56
pro rata allotments where land is insufficient for full area 57
railroads through. (See title Railroad rights of way)  
religious organizations, lands not exceeding 160 acres may be patended to 35
report of allotting agents 33
revision of allotments made prior to February 28, 1891 57
Sauk and Fox excepted from general provisions 35
Seneca of New York excepted from general provisions 35
selections to be made by Indians 33
size of allotment to be one-eighth of a section 57
treaty stipulations as to, not affected by general allotment act 57
special agents may be appointed to make allotments 33
trespasses upon, by Indians, compensation for 14,15
suspension of chiefs for 15
unallotted lands may be purchased by United States 34
agricultural lands to be disposed of to actual settlers only 34
unsurveyed lands, adjustment of lines on survey 33
Great Sioux Reservation, Dakota 330,331
Grosventres in Montana 263,425
Iowa on reservation in Indian Territory 393
Kansas and Nebraska 230,245
Oklahoma 566
Kansa, under agreement ratified July 1, 1902 766
in Indian Territory 344
Kickapoo in Indian Territory 480,481
Kickapoo in Kansas, absentees and children 681
children to receive 568
deceased allottees' estates to be settled 242
Kiowa, under agreement of October 21, 1892708,709,710,711
Klamath Reservation, Oreg., to children born since completion of allotments 751
Klamath River Reservation, Cal. 439
Lower Brule Sioux, South Dakota 599
reallotment of lands 688
Mandan of Fort Berthold Reservation 425
Miami Indian Territory 344
sale by heirs of deceased allottees 701,702
of 100 acres of, in certain cases 620
Mission Indians in California 384,750
Mississppi Choctaw, on identification and settlement in Choctaw and Chickasaw country 106
incumbrance or sale void 106
Munsee in Kansas, patents to issue 623
sale of abandoned lands and land of deceased allottees without heirs 624
Nez Percés of Lapwai Reservation, Idaho 538,539
Omaha in Nebraska 213
additional allotments to women and children born subsequent to former allotments 486
Oto and Missouri in Kansas and Nebraska 510
Pawnee in Indian Territory 161,497
area to be 160 acres 161
inalienable for fifteen years 161
patents to issue after five years 161
Peoria in Indian Territory 344
sale by heirs of deceased allottees 701,702
of 100 acres in certain cases 620
Piankashaw in Indian Territory 344
Piegan in Montana 263
Ponca on Great Sioux Reservation 332
Potawatomi, Citizens Band 410
sale when allottee does not reside within State or Territory 520,521,701
of land in excess of 80 acres 520,701
Potawatomi, lands in Kansas 567,568
Potawatomi, Prairie Band, absentees and children 681
Puyallup Reservation, Wash., sale of parts not required for homes and alienation of balance after ten years from March 3, 1893 487,488
Quapaw, in Indian Territory 566
Quapaw Agency, lease by allottees 619
Red Cliff Reservation, Wis., Chippewa on 569
Red Lake Reservation, Minn., to Chippewa on 303
River Crow, in Montana 263
Santee Sioux 330,666
Sauk and Fox, reservation in Kansas and Nebraska 230,245
Sauk and Fox in Indian Territory 390
Sauk and Fox of the Missouri, additional allotments to children born since first allotment 521
Seminole, general provisions relating to 498
in Creek Nation 738
provisions for, in agreement of December 16, 1897 663,664
Seneca, minor children 752
Sheepeaters, on Fort Hall Reservation, Idaho 314
Shoshoni, on Fort Hall Reservation, Idaho 314
Shoshoni and Bannock, on Fort Hall Reservation 705,706,707
Siletz Reservation, Oreg., excess of 80 acres may be patented without restriction upon sale 743
Sioux Reservation in Nebraska, houses to be erected by the Government 170
part of reservation excepted from act of 1887 35
Sisseton and Wahpeton Sioux in Dakota under agreement of 1889 430
Southern Ute in Colorado 556
irrigation ditches through lands 754
special provisions for allotments, note 33
Stockbridge and Munsee 130
Tonkawa in Okalahoma 495
Uintah Ute Reservation, Utah 642
Umatilla on Umatilla Reservation, Oreg 224,225, 226
Uncompahgre Ute 621,686,800
agricultural lands only to be allotted 800
United Peoria and Miami in Indian Territory 344
Upper and Middle Spokan 453
Ute in Colorado 184,185
area of allotments 181,182
commission to have charge of 182
Ute on Uintah and White River reservations, Utah 753
Walker River Reservation, Nev 751
Wallawalla on Umatilla Reservation 224,225, 226
Wea in Indian Territory 344
Wenatshapam Indians, branch of Yakima Nation 530
Western Miami in Indian Territory 344
White Earth Reservation, Minn., to Chippewa on 303
Whichita and affiliated bands in Okalahoma 561
Winnebago in Minnesota 125,133
alienation authorized 557
Wyandot Reservation, Ind. T., allottees may sell and convey part 600
Yakima Reservation, leases not to exceed ten years 701
Yankton Sioux in South Dakota 525
Yuma in California 42
Allottees in severalty to be protected 14
Alsea,and Siletz Reservation, Oreg., agreement of October 31, 1892 533
Alsea and Siletz reservations, Oreg., new reservation established 157
boundaries of reservation 57
consent of tribes 157
old reserve restored to public domain 157
removal of Indians 157
American Baptist Home Mission Society's university, lands in Creek Nation reserved for 735
American Island, Dakota, granted for public park and Sioux Indians to be removed from 337,338
lease of for quasi-public purposes by city of Chamberlain, Dakota 570
American Missionary Association, cemetery lands may be bought from Alexander Redwing on Santee Sioux lands, Nebr 485
Amity, in depredation claims 58
Animals, injuries to in Indian Territory, penalty for 44
Annual report of agents, contents of 32
Annual report of Commissioner of Indian Affairs—awards on contracts 27
bids and proposals 27
disbursements in the Indian service 1
distribution of supplies, number of Indians present and receiving same 2,13
employees at schools 63,69,108
employees of Indian bureau 62
employed at Washington 63,69
forwarded to Congress on first day of session 25
reports of agents distributing supplies to be included 2
Annual report of employees entrusted with distribution of money and goods 9
those delinquent in settlement of accounts to be indicated 10
Annual report of Secretary of the Interior—  
accounts of proceeds of sales of natural products of reservations 31,36
disbursement of appropriations 25
educational fund, expenditure of 36
employees entrusted with property and money 9
forwarded to Congress on first day of session 25
number of Indians at each agency 25
property not required on reservations, removal and sale of 101
purchase of supplies under exigency in open market 112
school statistics 36
traveling expenses of inspectors 4
Annual report of teaching of agriculture, etc 7
Annuities. (See also Trust funds and funds of tribes)—  
captives of tribe to be surrendered before delivery of 11,23
chiefs violating treaties, delivery to forbidden 11
hostility of tribe a cause for forfeiture 11
labor on reservations required of able-bodied Indians to the value of amount delivered 24
Secretary of Interior may except tribes from requirement 24
nonattendance at school, annuities may be withheld from parents 66
payable in money, may be paid in goods 8
payment of (see also Distribution of annuities)—  
by person designated by the President 8,76,79
coin to be used where required by treaty 8
persons over 18 years may receipt for 102
persons to be present and certify to 9
persons under influence of liquor not to receive 9
to Five Civilized Tribes to be per capita 97
rations may be commuted to money where tribe is civilized 63,101
statement of tribal annuities 1023
to what persons payable 9
trespasses on allotments, deductions for 14
tribes for which special provisions are made—  
Arapaho and Shoshoni, from cession of April 21, 1896 624,625
Arikara, Fort Berthold Reservation, from cession of 1891 425
Assiniboin, for cession of Montana lands 262,601
how to be expended 602
Bannock, for cession of parts of Fort Hall and Lemhi Reservation 314
Blackfeet, for cession of Montana lands 262
Blackfeet Reservation Indians 605,606
Bloods, for cession of Montana lands 262
Cherokee, permanent annuity to Eastern Band 20
Chickasaw, permanent annuity commuted to $60,000 cash 740
Choctaw, permanent appropriation for interest on judgment of the Court of Claims 285
Cœur d'Alene, from cession of March 26, 1887 421
September 9, 1889 423
Creeks, permanent annuities funded added to Creek general fund 750
proceeds of cession of January 19, 1889 322,324
use of, for education purposes 323
Crows of Montana 196
irrigation system to be completed with 687,701
Eastern Shawnee, permanent annuities funded 742
interest to be paid 752
Flandreau Sioux 335,598
Grosventres, for cession of December 28, 1886 262
December 14, 1886 425
October 9, 1895 601
how to be expended 602
Iowa, proceeds of cession of 1890 395
reservations ceded 229
to Wm. Tohee, chief 396
Mandan, Fort Berthold Reservation from cession of 1891 425
Northern Arapaho and Cheyenne, place of delivery 169
Pawnee, proceeds of cession of November 23, 1892 496,498
sale of reservation under act of 1876 160
treaty of September 24, 1857, amended 498
Piegan, from cession of December 28, 1886 262
Ponca, in Nebraska and Dakota, woolen clothing to be delivered by November 1 620
to be paid in money 599
River Crow, from cession of December 28, 1886 262
Sauk and Fox, life annuity of $500 to Pushetenekeque 701
proceeds of cession June 12, 1890 391
reservation ceded 229
Seneca, permanent annuities funded 741
Sheepeaters, for cession of parts of Fort Hall and Lemhi reservations 314
Shoshoni, for cession of parts of Fort Hall and Lemhi reservations 314
Shoshoni and Arapaho, for cession of April 21, 1896 625
Shoshoni and Bannock, Fort Hall Reservation, for cession October 7, 1898 705
from fund of $6,000 200
Sioux, permanent fund for 335
under act of March