INDIAN AFFAIRS: LAWS AND TREATIES

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

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


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ACTS OF FORTY–THIRD CONGRESS— FIRST SESSION, 1874.
CHAP. 389

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Chapter 389
Section 10

Margin Notes
Sec. 10 Employees, etc., of United States not to be interested in Indian contracts, &c.
    R. S., 1781.
Sec. 10 Penalty for violation.

{Page 22}

Chapter 389
    June 22, 1874. | 18 Stat., 173.
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An act making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes, for the year ending June thirtieth, eighteen hundred and seventy-five, and for other purposes.

Be it enacted, &c.,

SEC. 10

That no agent or employee of the United States Government, or of any of the Departments thereof, while in the service of the Government, shall have any interest, directly or indirectly, contingent or absolute, near or remote, in any contract made, or under negotiation, with the Government, or with the Indians, for the purchase or transportation or delivery of goods or supplies for the Indians, or for the removal of the Indians; nor shall any such agent or employee collude with any person who may attempt to obtain any such contract for the purpose of enabling such person to obtain the same.

The violation of any of the provisions of this section shall be a misdemeanor, and shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars, and by removal from office; and, in addition thereto, the court shall, in its discretion, have the power to punish by imprisonment of not more than six months. * * * [June 22, 1874.]


NOTE.—Other provisions against fraud or collusion in the Indian service are contained in the following: R. S., sec. 2078, providing that no person employed in Indian affairs shall have any interest in trade with Indians on private account, under penalty of $5,000 fine, and removal from office; R. S., secs. 2103, 2105, providing how agreements with Indians are to be made, and prescribing penalties against all persons unlawfully receiving money from Indians, as well as against district attorneys failing to prosecute offenses against the act, and against agents advising, sanctioning, &c., unlawful agreements or payments; R. S., sec. 2138, prohibiting, under penalties, the removal of cattle, horses, or other stock from the Indian country except under military orders; 1875, Mar. 3, ch. 132, sec. 10 post, p. 25, prescribing manner of justification of sureties on Indian agents' bonds, and providing penalties for agents making false entries in official books or transcripts; 1884, July 4, ch. 180, post, p. 31, prohibiting under penalty, the purchase of cattle from Indians, except under license; 1884, July 4, ch. 180, sec. 8, post, p. 32, providing that disbursing officers or others presenting vouchers, &c., containing any material misrepresentation relating to any matter pertaining to the Indian service shall not be entitled to payment or credit for any part of said voucher, &c., this to be in addition to penalties already prescribed by law, as to which see R. S., sec. 5438.


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