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-EIGHTH CONGRESS—FIRST SESSION, 1884.
CHAP. 180

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Chapter 180
Sections 8 | 9 | 10

Margin Notes
Chap. 180 Traveling allowances to special agents.
    [23 Stat., 77.]
    R. S., 2077.
Chap. 180 Sale of cattle of Indians to persons not members of same tribe prohibited.
    [23 Stat., 94.]
    R. S., 2127, 2138.
Chap. 180 Penalty.
Chap. 180 Penalty for selling, donating, etc., liquors to Indians by persons in Army under any circumstances.
    R. S., 2139, 2140.
    17 Fed. Rep., 75; 49 Fed. Rep., 360.
Chap. 180 Homestead laws made applicable to Indians, etc.
    [23 Stat., 96.]
    R. S. 2289, 2302.
    1875, Mar. 3., ch. 131, S. 15, ante, p. 23.
    1887, Feb. 8., ch. 119, post, p. 33.
    1891, Feb. 28, ch. 383, post, 57.
Chap. 180 Lands to be held in trust by United States.
    1888, Oct. 19, ch. 1214, post. p. 39.
    1893, Mar. 3, ch. 209, post, p. 66.
    96 Fed. Rep., 268.
Sec. 8 Officers and others presenting false vouchers to forfeit all claims, etc.
    [23 Stat., 97.]
    1874, June 22, ch. 389, and note, ante, p. 22.
    1875, March 3, ch. 132, S. 10, ante, p. 25.
Sec. 8 not to apply to other vouchers.
Sec.8 presumed to know facts.
Sec. 8 to be in addition to penalties, etc.
    R. S., 5438.
Sec. 8 to be printed on vouchers.
Sec. 9 Indian agents to submit census in annual reports.
    R. S., 2058.
Sec. 10 Expense of land service not chargeable to Indian lands.
    110 U. S., 688.

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Chapter 180
    July 4, 1884. | 23 Stat., 76.
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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 eighty-five, and for other purposes.

That special agents shall be allowed three dollars per diem for traveling and incidental expenses while traveling or actually on duty in the field, exclusive of cost of transportation and sleeping-car fare. * * *

That where Indians are in possession or control of cattle or their increase which have been purchased by the Government such cattle shall not be sold to any person not a member of the tribe to which the owners of the cattle belong or to any citizen of the United States whether intermarried with the Indians or not except with the consent in writing of the agent of the tribe to which the owner or possessor of the cattle belongs.

And all sales made in violation of this provision shall be void and the offending purchaser on conviction thereof shall be fined not less than five hundred dollars and imprisoned not less than six months. * * *

And no part of section twenty-one hundred and thirty-nine or of section twenty-one hundred and forty of the Revised Statutes shall be a bar to the prosecution of any officer, soldier, sutler or storekeeper, attache, or employe of the Army of the United States who shall barter, donate, or furnish in any manner whatsoever liquors, wines, beer, or any intoxicating beverage whatsoever to any Indian. * * *

That such Indians as may now be located on public lands, or as may, under the direction of the Secretary of the Interior, or otherwise, hereafter, so locate may avail themselves of the provisions of the homestead laws as fully and to the same extent as may now be done by citizens of the United States; and to aid such Indians in making selections of homesteads and the necessary proofs at the proper land offices, one thousand dollars, or so much thereof as may be necessary, is hereby appropriated; but no fees or commissions shall be charged on account of said entries or proofs.

All patents therefor shall be of the legal effect, and declare that the United States does and will hold the land thus entered for the period of twenty-five years, in trust for the sole use and benefit of the Indian by whom such entry shall have been made, or, in case of his decease, of his widow and heirs according to the laws of the State or Territory where such land is located, and that at the expiration of said period the United States will convey the same by patent to said Indian, or his widow and heirs as aforesaid, in fee, discharged of said trust and free of all charge or incumbrance whatsoever. * * *

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SEC. 8

That any disbursing or other officer of the United States, or other person who shall knowingly present, or cause to be presented, any voucher, account, or claim to any officer of the United States, for approval or payment, or for the purpose of securing a credit in any account with the United States, relating to any matter pertaining to the Indian service, which shall contain any material misrepresentation of fact in regard to the amount due or paid, the name or character of the article furnished or received, or of the service rendered, or to the date of purchase, delivery, or performance of service, or in any other particular, shall not be entitled to payment or credit for any part of said voucher, account, or claim; and if any such credit shall be given or received, or payment made, the United States may recharge the same to the officer or person receiving the credit or payment, and recover the amount from either or from both, in the same manner as other debts due to the United States are collected:

Provided, That where an account contains more than one voucher the foregoing shall apply only to such vouchers as contain the misrepresentation:

And provided further, That the officers and persons by and between whom the business is transacted shall, in all civil actions in settlement of accounts, be presumed to know the facts in relation to the matter set forth in the voucher, account, or claim:

And provided further, That the foregoing shall be in addition to the penalties now prescribed by law, and in no way affect proceedings under existing law for like offenses.

That where practicable this section shall be printed on the blank forms of vouchers provided for general use.

SEC. 9

That hereafter each Indian agent be required, in his annual report, to submit a census of the Indians at his agency or upon the reservation under his charge, the number of males above eighteen years of age, the number of females above fourteen years of age, the number of school children between the ages of six and sixteen years, the number of school-houses at his agency, the number of schools in operation and the attendance at each, and the names of teachers employed and salaries paid such teachers.

SEC. 10

That no part of the expenses of the public lands service shall be deducted from the proceeds of Indian lands sold through the General Land Office, except as authorized by the treaty or agreement providing for the disposition of the lands. * * * [July 4, 1884.]


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