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 FIFTIETH CONGRESS—SECOND SESSION, 1889.
CHAP. 18 | CHAP. 24 | CHAP. 49 | CHAP. 134 | CHAP. 152 | CHAP. 202 | CHAP. 203 | CHAP. 238 | CHAP. 241 | CHAP. 280 | CHAP. 317 | CHAP. 321 | CHAP. 378 | CHAP. 391 | CHAP. 402 | CHAP. 405 | CHAP. 412 | CHAP. 416 | CHAP. 421 | CHAP. 422

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Chapter 203
Sections 2 | 3 | 4

Margin Notes
Chap. 203 Preamble. Fort Hall and Lemhi Indian reservations, Idaho.
Chap. 203 Agreement with Shoshoni and Bannock Indians.
    Vol. 2, p. 1023.
Chap. 203 Surrender of Lemhi Reservation.
Chap. 203 Surrender of part of Fort Hall Reservation.
Chap. 203 Payment to be made.
Chap. 203 Allotments.
Chap. 203 Survey of Fort Hall Reservation.
Chap. 203 Signatures.
Sec. 2 Allotment in severalty to Indians on Fort Hall Reservation.
Sec. 2 Patents.
Sec. 3 Appropriations.
Sec. 3 For survey.
Sec. 3 First installment.
Sec. 3 Expense of removal.
Sec. 4 Lemhi Reservation.

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Chapter 203
    Feb. 23, 1889. | 25 Stat., 687.
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An act to accept and ratify the agreement submitted by the Shoshones, Bannocks, and Sheepeaters of the Fort Hall and Lemhi Reservation in Idaho May fourteenth, eighteen hundred and eighty, and for other purposes.a

a  Other agreements with the Shoshoni, etc., are ratified by the acts of December 15, 1874, chapter 2 (ante, p. 153); July 3, 1882, chapter 268 (ante, p. 199); September 1, 1888, chapter 936 (ante, p. 292); June 7, 1897, chapter 3 (post, p. 624), and June 6, 1900 (post, p. 704).

Whereas certain of the chiefs of the Shoshone, Bannock, and Sheepeater tribes of Indians have agreed upon and submitted to the Secretary of the Interior an agreement for the sale of a portion of their lands in the Territory of Idaho, their settlement upon lands in severalty, and for other purposes: Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That said agreement be, and the same is hereby, accepted, ratified, and confirmed. Said agreement is assented to by a duly-certified majority of the adult male Indians of the Shoshone and Bannack tribes occupying or interested in the lands of the Fort Hall Reservation, in conformity with the eleventh article of the treaty with the Shoshones and Bannacks of July third, eighteen hundred and sixty-eight (fifteenth Statutes at Large, page six hundred and seventy), and in words and figures as follows, namely:

First.    The chiefs and head men of the Shoshones, Bannacks, and Sheepeaters of the Lemhi Agency hereby agree to surrender their reservation at Lemhi, and to remove and settle upon the Fort Hall Reservation in Idaho, and to take up lands in severalty of that reservation as hereinafter provided.

Second.    The chiefs and head men of the Shoshones and Bannacks of Fort Hall hereby agree to the settlement of the Lemhi Indians upon the Fort Hall Reservation in Idaho, and they agree to cede to the United States the following territory, namely: Beginning where the north line of township nine south intersects with the eastern line of their reservation; thence west with the extension of said line to the Port Neuf River; thence down and with Port Neuf River to where said township line crosses the same; thence west with said line to Marsh Creek; thence up Marsh Creek to where the north line of township number ten south intersects with the same; thence west with said line to the western boundary of said reservation; thence south and with the boundaries of said reservation to the beginning, including also such quantity of the north side of Port Neuf River as H. O. Harkness may be entitled to under existing law, the same to be conformed to the public surveys, so as to include the improvements of said Harkness.

Third.    In view of the cessions contained in the above articles the United States agrees to pay to the Lemhi Indians the sum of four thousand dollars per annum for twenty years and to the Fort Hall Indians the sum of six thousand dollars per annum for twenty years, the same to be in addition to any sums to which the above-named Indians are now entitled by treaty, and all provisions of existing treaties, so far as they relate to funds, to remain in full force and effect.

Fourth.    Allotments in severalty of the remaining lands on the Fort Hall Reservation shall be made as follows:

To each head of family not more than one-quarter of a section, with an additional quantity of grazing land, not exceeding one-quarter of a section.

To each single person over eighteen years, and each other person under eighteen years now living, or may be born prior to said allotments, not more than one-eighth, with an additional quantity of grazing land, not exceeding one-eighth of a section; all allotments to

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be made with the advice of the agent of the said Indians, or such other person as the Secretary of the Interior may designate for that purpose, upon the selections of the Indians, heads of families selecting for their minor children and the agent making allotments for each orphan child.

Fifth.    The Government of the United States shall cause the lands of the Fort Hall Reservation above named to be properly surveyed and divided among the said Indians in severalty and in the proportions hereinbefore mentioned, and shall issue patents to them respectively therefor so soon as the necessary laws are passed by Congress. The title to be acquired thereto by the Indians shall not be subject to alienation, lease or incumbrance, either by voluntary conveyance of the grantee, or his heirs, or by the judgment, order or decree of any court, or subject to taxation of any character, but shall be and remain inalienable and not subject to taxation for the period of twenty-five years, and until such time thereafter as the President may see fit to remove the restriction, which shall be incorporated in the patent.

Done at the city of Washington this fourteenth day of May, anno Domini one thousand eight hundred and eighty.

TEN DOY, his X mark.
TESEDEMIT, his X mark.
GROUSE PETE, his X mark.
JACK GIBSON, his X mark.
TI HEE, his X mark.
CAPTAIN JIM, his X mark.
JACK TEN Doy, his X mark.

Witnesses:
     J. F. STOCK.
     JOS. T. BENDER.
     A. F. GENTES.
     CHARLES RAINEY, Acting Interpreter.
     JOHN A. WRIGHT, United States Indian Agent.

SEC. 2

That the Secretary of the Interior be, and he is hereby, authorized to cause to be surveyed a sufficient quantity of land on the Fort Hall Reservation to secure the settlement in severalty to said Indians as provided in said agreement. Upon the completion of said survey, he shall cause allotments of land to be made to each and all of said Indians in quantity and character as set forth in the agreement above mentioned; and upon the approval of said allotments by the Secretary of the Interior, he shall cause patents to issue to each and every allottee for the lands so allotted, with the conditions, restrictions, and limitations mentioned therein as are provided in the agreement.

SEC. 3

That for the purpose of carrying the provisions of this act into effect, the following sums, or so much thereof as may be necessary, be, and the same is hereby, set aside, out of any moneys in the Treasury not otherwise appropriated, to be expended under the direction of the Secretary of the Interior, as follows:

For the expense of the survey of the land as provided in section second of this act, twelve thousand dollars.

For the first of twenty installments as provided in said agreement, to be used by the Secretary of the Interior for the benefit of the Indians in such manner as the President may direct: For the Lemhi Indians, four thousand dollars, and for the Fort Hall Indians, six thousand dollars.

For the expense of removing the Lemhi Indians to the Fort Hall Reservation, five thousand dollars.

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SEC. 4

That this act, so far as the Lemhi Indians are concerned, shall take effect only when the President of the United States shall have presented to him satisfactory evidence that the agreement herein set forth has been accepted by the majority of all the adult male members of the Shoshone, Bannack, and Sheepeater tribes occupying the Lemhi Reservation, and shall have signified his approval thereof.

Approved, February 23, 1889.


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