INDIAN AFFAIRS: LAWS AND TREATIES

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

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


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ACTS OF FIFTY-FIFTH CONGRESS—SECOND SESSION, 1898.
CHAP. 367 | CHAP. 378 | CHAP. 517 | CHAP. 545

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Chapter 545
Sections 6 | 7

Margin Notes
Chap. 545 Indian agents.
Chap. 545 detail of army officers.
Chap. 545 appropriation not available for.
    71 Fed. Rep., 682.
Chap. 545 Appeals from United States courts, Indian Territory.
    [30 Stat., 591.]
Chap. 545 direct to Supreme Court.
Chap. 545 time for perfecting.
Chap. 545 work of Commission not to be enjoined.
Chap. 545 entitled to precedence.
Chap. 545 Indian agents to account for funds.
    [30 Stat., 595.]
    R. S., 2057, 2075.
Sec. 6 Property not required for use.
    [30 Stat., 596.]
Sec. 6 to be removed or sold.
    R. S., 3618.
Sec. 6 report.
Sec. 7 Commutation of rations to civilized Indians.

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Chapter 545
    July 1, 1898. | 30 Stat., 571.
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An act making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June thirtieth, eighteen hundred and ninety-nine, and for other purposes.

Be it enacted,&c. * * * For pay of fifty-six agents of Indian affairs at the following-named agencies, at the rates respectively indicated, namely: * * * That hereafter the President may detail officers of the United States Army to act as Indian agents at such agencies as in the opinion of the President may require the presence of an army officer, and while acting as Indian agents such officers shall be under the orders and direction of the Secretary of the Interior:a


aBy 1892, July 13, ch. 164, 27 Stat., 120, army officers are to be detailed to act as Indian agents, except where the public service would be better promoted by a civilian appointment. A similar provision is contained in R. S. 2062.

Provided further, That the foregoing appropriations shall not take effect nor become available in any case for or during the time in which any officer of the Army of the United States shall be engaged in the

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performance of the duties of Indian agent at any of the agencies above named.a


aProvisions similar to the last two provisos of this paragraph appear in 1893, March 3, ch. 209 (27 Stat., 613). In 1894, August 15, ch. 290 (28 Stat., 288), these provisos appear in the identical language of the text, since which time they have been annually reenacted, 1895, March 2, ch. 188 (28 Stat. L., 878); 1896, June 10, ch. 398 (29 Stat., 323); 1897, June 7, ch. 3 (30 Stat., 64); 1899, March 1, ch. 324 (30 Stat., 926).

Appeals shall be allowed from the United States courts in the Indian Territory direct to the Supreme Court of the United States to either party, in all citizenship cases, and in all cases between either of the Five Civilized Tribes and the United States involving the constitutionality or validity of any legislation affecting citizenship, or the allotment of lands, in the Indian Territory, under the rules and regulations governing appeals to said court in other cases:b


bDecision upon appeals taken under this act will be found in 174 U. S., 445, where the entire legislation in regard to the Commission to the Five Civilized Tribes and citizenship therein is reviewed. By this decision it was held: 1. That the only question reviewable upon appeal is that of the constitutionality and validity of the legislation affecting citizenship or the allotment of land in the Indian Territory. 2. That that legislation is constitutional and valid. For the acts creating the commission see 1896, June 10, ch. 398, and note (c) thereto, ante, p. 79; 1897, June 7, ch. 3, ante, p. 86, and 1899, March 1, ch. 324, post, p. 102.

Provided, That appeals in cases decided prior to this Act must be perfected in one hundred and twenty days from its passage; and in cases decided subsequent thereto, within sixty days from final judgment;

but in no such case shall the work of the Commission to the Five Civilized Tribes be enjoined or suspended by any proceeding in, or order of, any court, or of any judge, until after final judgment in the Supreme Court of the United States.

In case of appeals, as aforesaid, it shall be the duty of the Supreme Court to advance such cases on the docket and dispose of the same as early as possible.

That hereafter Indian agents shall account for all funds coming into their hands as custodians from any source whatever, and be responsible therefor under their official bonds.c


cBy R. S., 2057, Indian agents were required to give bond, but it was held (17 Fed. Rep., 579) that this applied only to money received strictly while acting as agent for the Indians to whose agency he was appointed. See also 1875, March 3, ch. 132, s. 5 (ante, p. 24), requiring their accounts for employees’ services to be under oath, and s. 10 of the same act, requiring a book of itemized expenditures, together with receipts from all sources, to be kept.

SEC. 6

That hereafter at any of the Indian reservations where there is now on hand Government property not required for the use and benefit of the Indians at said reservation, the Secretary of the Interior is hereby authorized to move such property to other Indian reservations where it may be required, or to sell it and apply the proceeds of same in the purchase of such articles as may be needed for the use of the Indians for whom such said property was purchased; and he shall make report of his action hereunder to the next session of Congress thereafter.d


dA similar provision, without the word “hereafter,” has appeared almost annually in the Indian appropriation acts since 1884. See the acts summarized in note (f) to 1894, August 15, ch. 290, s. 9, ante, p. 69; also 1895, March 2, ch. 188, s. 6 (28 Stat., 908); 1897, June 7, ch. 3, s. 6 (30 Stat., 91). By the use of the word “hereafter” it has now become permanent.

SEC. 7

That hereafter when, in the judgment of the Secretary of the Interior, any Indian tribe, or part thereof, who are receiving rations and clothing and other supplies under this Act, are sufficiently advanced in civilization to purchase such rations and clothing and other supplies judiciously, they may commute the same and pay the value thereof in money per capita to such tribe or part thereof, the manner of such payment to be prescribed by the Secretary of the Interior.e [July 1, 1898.]


eThe same provision, without the word “hereafter,” has appeared annually since 1892. See 1892, July 13, s. 8, p. 33; 1893, March 3, ch. 209, s. 8 (27 Stat., 640); 1894, August 15, ch. 290, s. 8 (28 Stat., 313); 1895, March 2, ch. 188, s. 7 (28 Stat., 908); 1896, June 10, ch. 398, s. 6 (29 Stat., 349): 1897, June 7, ch. 3, s. 7 (30 Stat., 91).


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