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-SECOND CONGRESS—FIRST SESSION, 1872.
CHAP. 157 | CHAP. 233 | CHAP. 262 | CHAP. 308 | CHAP. 309 | CHAP. 310 | CHAP. 436

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Chapter 436
Sections 2 | 3 | 4 | 5 | 6

Margin Notes
Chap. 436 Western part of reservation of the Omaha in Nebraska to be separated and surveyed, if, etc.
Chap. 436 To be appraised.
Chap. 436 Proposals for purchase for cash, as a whole or in tracts, to be invited by advertisement. Best bid to be accepted.
Chap. 436 Certain bids to be rejected.
Chap. 436 Proceeds of sale to be placed to credit of the Indians, at interest, except, etc.
Chap. 436 Provisos.
Sec. 2 Portion of the reservation of the Pawnee in Nebraska to be separated and surveyed, and appraised.
   See note to 1876, c. 51, post, p. 159.
Sec. 2 Proposals for purchase to be invited.
   Repealed by 1876, ch. 51, post, p. 160.
Sec. 2 Proceeds of sales, how to be applied.
Sec. 3 Part of the reservation of the Oto and Missouri Indians to be separated, surveyed, and appraised. Quantity to be sold, and where located.
   See note to 1881, c. 128, post, p. 190.
Sec. 3 To be appraised.
Sec. 3 Proposals for purchase for cash to be invited.
Sec. 3 Proceeds of sales, how to be applied.
Sec. 4 Part of the reservation of the Sauk and Fox of the Missouri tribe of Indians to be separated, surveyed, and appraised.
   See note to 1885, c. 337, post, p. 228.
Sec. 4 Proposals for purchase for cash to be invited.
Sec. 4 Proceed of sales how to be applied.
Sec. 4 Removal to Indian Territory, or where they desire.
Sec. 5 Patents for lands sold under this act to contain a clause prohibiting sale of intoxicating liquors thereon, etc. Notice thereof in advertisement.
Sec. 6 Pay of appraisers of lands under this act.
   3 Mar., 1873,
   c. 227, 17 Stat., 517.

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Chapter 436
    June 10, 1872. | 17 Stat., 391.
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An act for the relief of certain tribes of Indians in the Northern Superintendency.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That with the consent and concurrence of the Omaha tribe of Indians, a expressed in open council in the usual manner, the Secretary of the Interior be, and hereby is, authorized to cause to be surveyed, if necessary, a portion of their reservation in the State of Nebraska, not exceeding fifty thousand acres, to be taken from the western part thereof, and to be separated from the remaining portion of said reservation by a line running along the section lines from north to south. The said lands so separated shall be appraised by three competent commissioners, one of whom shall be selected by said Omaha tribe of Indians in open

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council, and the other two shall be appointed by the Secretary of the Interior. After the survey and appraisement of said lands, as herein provided, the Secretary of the Interior shall be, and hereby is, authorized to offer the same for sale for cash in hand; and sealed proposals, duly invited by public advertisements, shall be received for the same for tracts not exceeding one hundred and sixty acres each, and also for the entire body offered; and he shall be, and hereby is, authorized to accept the proposal for the entire tract, or the highest bids for separate tracts, whichever shall be deemed best for the interests of the Indians: Provided, That no bids for separate tracts shall be accepted which may be less than the appraised value of such tract, nor less than one dollar and twenty-five cents per acre; or for the entire tract which shall be less than the aggregate appraised value of the same, nor less than one dollar and twenty-five cents per acre. The proceeds of such sale shall be placed to the credit of said Indians on the books of the Treasury of the United States, and bear interest at the rate of five per centum per annum, payable semi-annually, except such portion thereof as the Secretary of the Interior, with the approval of the President of the United States, may deem necessary to be expended for their immediate use in improving and fencing farms, building houses, purchasing implements of agriculture and live stock, and in establishing and supporting schools: Provided, also, That not more than twenty-five per centum of the principal of the aggregate amount of sales of said lands shall be expended in any one year: Provided, That no sale shall be approved unless the average sales of each of said parcels of said land shall be at least two dollars and fifty cents per acre.


aAssent of Omaha given September 23, 1872 (see Indian Office files, Omaha, W., 334).

SEC. 2

That with the consentb and concurrence of the Pawnee tribe of Indians, expressed in open council in the usual manner, the Secretary of the Interior be, and hereby is, authorized to cause to be surveyed, if necessary, a portion of their reservation in the State of Nebraska, not exceeding fifty thousand acres, to be taken from that part of said reservation lying south of Loup Fork. The said lands so surveyed shall be appraised by three competent commissioners, one of whom shall be selected by the said Pawnee tribe of Indians in open council, and the other two shall be appointed by the Secretary of the Interior. After the survey and appraisement of said lands, as herein provided, the Secretary of the Interior shall be, and hereby is, authorized to offer the same for sale, for cash in hand, in the same manner and with the same restrictions as provided in the first section of this act relating to the Omaha lands; and the proceeds of such sale shall be placed to the credit of said Indians on the books of the Treasury of the United States, and bear interest at the rate of five per centum per annum, payable semi-annually, except such portion thereof as the Secretary of the Interior, with the approval of the President of the United States, may deem necessary to be expended for their immediate use, as directed in the said first section of this act.


bPawnee assent July 15, 1872 (see Pawnee, W., 82).

SEC. 3

That, with the consentc and concurrence of the Otoe and Missouria tribe of Indians, expressed in open council in the usual manner, the Secretary of the Interior be, and hereby is, authorized to cause to be surveyed, if necessary, a portion of their reservation lying in the States of Nebraska and Kansas, not exceeding eighty thousand acres, to be taken from the western part thereof, lying west of the Big Blue River, part of said tract lying in the State of Nebraska, and part lying in the State of Kansas. The said lands so surveyed shall be appraised by three competent commissioners, one of whom shall be selected by said Otoe and Missouria tribe of Indians in open council, and the other two shall be appointed by the Secretary of the Interior. After the survey and appraisement of said lands, as herein provided, the Secretary of the Interior shall be, and hereby is, authorized to offer the same for sale, for cash in hand, in the same manner and with

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the same restrictions as provided in the first section of this act relating to the Omaha lands; and the proceeds of such sale shall be placed to the credit of said Indians on the books of the Treasury of the United States, and bear interest at the rate of five per centum per annum, payable semi-annually, except such portion thereof as the Secretary of the Interior, with the approval of the President of the United States, may deem necessary to be expended for their immediate use, as directed in the said first section of this act.


cOto dissent September 6, 1872 (see Otoe, W., 264).

SEC. 4

That, with the consent andd concurrence of the Sac and Fox of the Missouri tribe of Indians, expressed in open council in the usual manner, the Secretary of the Interior be, and hereby is, authorized to cause to be surveyed, if necessary, a portion or the whole of their reservation in the State of Nebraska, containing about sixteen thousand acres. The said lands so surveyed shall be appraised by three competent commissioners, one of whom shall be selected by said Sac and Fox of the Missouri tribe of Indians in open council, and the other two shall be appointed by the Secretary of the Interior. After the survey and appraisement of said lands, as herein provided, the Secretary of the Interior shall be, and hereby is, authorized to offer the same for sale, for cash in hand, in the same manner and with the same restrictions as provided in the first section of this act relating to the Omaha lands; and the proceeds of such sale shall be placed to the credit of the said Indians on the books of the Treasury of the United States, and bear interest at the rate of five per centum per annum, payable semi-annually, except such portion thereof as the Secretary of the Interior, with the approval of the President of the United States, may deem necessary to be expended for their immediate use, as directed in the said first section of this act, or for their removal to the Indian Territory or elsewhere, in case they desire to remove.


dSauk and Fox of Missouri assent July 8, 1872 (see Great Nemaha, W., 44).

SEC. 5

That in all patents of lands sold under authority of this act, there shall be inserted a clause forever prohibiting the sale of intoxicating liquors on said lands, under pain of forfeiture of title thereto; and due notice of this provision shall be given in the advertisement offering said lands for sale.

SEC. 6

That the commissioners to be appointed by the Secretary of the Interior, under the provisions of this act, shall receive compensation for their services at the rate of eight dollars for each day actually engaged in the duties herein designated, in addition to the amount paid by them for actual traveling and other necessary expenses.

Approved, June 10, 1872.


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