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their quarterly accounts, that the employees claimed for were actually and bona fide employed at such agency, and at the compensation as claimed, and that such service was necessary; and that such agent is not to receive, and has not received, directly or indirectly, any part of the compensation claimed for any other employee: Provided, That when there is no officer authorized to administer oaths within convenient distance of such agent, the Secretary of the Interior may direct such returns to be made upon certificate of the agent:
Increase of em
And provided further, That in case it should be necessary, at any agencies, to have more employees than provided for in this section, the ployés; how Secretary may, by written order, authorize the increase necessary; but tained. in no case shall the amount expended at any agency exceed ten thousand dollars in any one year; and the provision of this section shall apply to the fiscal year ending June thirtieth, eighteen hundred and seventy-five.
SEC. 6. That hereafter, it shall be the duty of the Secretary of the Appropriations Interior, and the officers charged by law with the distribution of sup- to be so distributed for Indian supplies plies to the Indians, under appropriations made by law, to distribute as to prevent defithem and pay them out to the Indians entitled to them, in such proper ciencies. proportions as that the amount of appropriation made for the current year shall not be expended before the end of such current year, so as to prevent deficiencies;
And no expenditure shall be made or liability incurred on the part of the Government on account of the Indian service for any fiscal year (unless in compliance with existing law) beyond the amount of money previously appropriated for said service during such year.
not to be exceeded in any year. R. S., § 3679.
ceeding $1,000 not
SEC. 7. That hereafter, no purchase of goods, supplies, or farming Purchases of Inimplements, or any other article whatsoever, the cost of which shall dian supplies exexceed one thousand dollars, shall be paid for from the money appropri- to be made withated by this act, unless the same shall have been previously advertised out advertisement, and contracted for as heretofore provided by law; and no payment of and no credits alany part of the money appropriated by this act, or heretofore appropri- lowed to officers without vouchers, ated, for the expenses of the Indian Department, shall be credited to any Government officer until the proper vouchers therefor shall first have been submitted to, examined, and authorized by the accounting officers of the Treasury. And provided further, That copies of all contracts made by the Com- Copies of conmissioner of Indian Affairs, or any other officer of the Government, for tracts for Indian the Indian service, shall be furnished to the Second Auditor of the service to be furTreasury before any payment shall be made thereon.
R. S., §§ 2083,
nished Second Auditor.
statement of items
SEC. 8. That hereafter, the Secretary of the Interior cause to be preSecretary of Inpared and delivered to the Public Printer, on or before the first day of terior to print and November in each year, a tabular statement of the items paid out up to lay before Conthat date of the appropriations made for the Indian Department for the gress annually a fiscal year previously ending, each item being placed under the appro- of expenditure of priation from which it was paid, in such manner as to show the dispo- Indian appropriasition made of each appropriation and the amount unexpended of each; tions, statement of also an itemized statement of the salaries and incidental expenses paid salaries, &c. at each agency for the said year, and the appropriations out of which paid, and the number of Indians at each agency; and that the same be laid before Congress on the first day of the succeeding session; And that the report of the Commissioner of Indian Affairs, with the reports of agents, be printed and laid before Congress on the first day of the said session.
R. S., § 445.
Indian Affairs to report to Congress on first day of sesR. S., §§ 468, 469. Bidders on count of Indian
SEC. 9. That hereafter all bidders under any advertisement published by the Commissioner of Indian Affairs for proposals for goods, supplies, cervice in amounts transportation, and so forth, for and on account of the Indian service, exceeding $5,000 to whenever the value of the goods, supplies, and so forth, to be furnished, accompany bids or the transportation to be performed, shall exceed the sum of five thou- with certified sand dollars, shall accompany their bids with a certified check, or draft checks, &c. R. S., § 3709. payable to the order of the Commissioner of Indian Affairs, upon some
1874, June 22, ch. United States depository or some one of such solvent national banks as 389, § 6. the Secretary of the Interior may designate, which check or draft shall be five per centum on the amount of the goods, supplies, transportation, and so forth, as aforesaid;
Sureties on In
to file statement of
And in case any such bidder, on being awarded a contract, shall fail to execute the same with good and sufficient sureties according to the terms on which such bid was made and accepted, such bidder shall forfeit the amount so deposited to the United States, and the same shall forthwith be paid into the Treasury of the United States;
But if such contract shall be duly executed, as aforesaid, such draft or check so deposited shall be returned to the bidder.
SEC. 10. That hereafter the security or securities, upon the bond redian agents' bond quired by the act of February twenty-seventh, eighteen hundred and fifty-one, (1) to be given by each Indian agent before entering upon the duties of his office, shall file a sworn statement with the Secretary of the Interior, setting forth the nature and kind of property owned by such security or securities, the value of the same, and where situated; and that no money appropriated by this act shall be paid to any Indian agent hereafter appointed until the security or securities shall have filed such statement.
Indian agents to Each Indian agent shall keep a book of itemized expenditures of every keep book of ex- kind, with a record of all contracts, together with the receipts of money penditures, &c., from all sources; and the books thus kept shall always be open to inscripts to Commis- spection; and the said books shall remain in the office at the respective reservations, not to be removed from said reservation by said agent, but shall be safely kept and handed over to his successor; and true transcripts of all entries of every character in said books shall be forwarded quarterly by each agent to the Commissioner of Indian Affairs:
-punishment for failing to keep books, &c.
Provided, That should any agent knowingly make any false entry in said books, or in the transcripts directed to be forwarded to the Commissioner of Indian Affairs, or shall knowingly fail to keep a perfect entry in said books as herein prescribed, he shall be deemed guilty of a misdemeanor, and, on conviction before any United States court having jurisdiction of such offense, shall be fined in a sum not less than five hundred nor more than one thousand dollars, at the discretion of the court, and shall be rendered incompetent to hold said office of Indian agent after conviction under this act. *
[March 3, 1875.]
NOTE. (1) The provision of the act of 1851, Feb. 27, ch. 14, § 6 (9 Stat. L, 587), is incorporated into § 2057 of the Revised Statutes.
March 3, 1875.
18 Stat. L., 452.
AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE ARMY FOR THE FISCAL
1. Par. 1. Actual traveling expenses only to offi-
Par. 2. Land-grant railroads not to be paid for
may bring suits in Court of Claims,
Be it enacted, &c.
1. Par. 2. Certain land-grant railroads exempt from these provisions.
1. Par. 3. Money not to be expended at armories in perfecting inventions by Army officers.
2. Secretary of War, in contracts for public improvement, to give preference to domestic materials, and all labor thereon to be per formed in United States.
Par. 1.] That hereafter only actual travelling-expenses shall be alexpenses only to lowed to any person holding employment or appointment under the officers and em- United States, except marshals, district attorneys, and clerks of the ployés, e except marshals, district courts of the United States and their deputies; and all allowances for
mileages and transportation in excess of the amount actually paid, ex- attorneys, and cept as above excepted, are hereby declared illegal; and no credit shall be clerks of courts. allowed to any of the disbursing-officers of the United States for pay- 1289, 1290, 1566, R. S., §§ 74, 1273, ment or allowances in violation of this provision.
1874, June 16, ch. 285. 1875, Feb. 20, ch. 95, § 7. 1876, June 30, ch. 159.
[Par. 2.] That no money shall hereafter be paid to any railroad com- Land-grant railpany for the transportation of any property or troops of the United roads not to be paid States over any railroad which in whole or in part was constructed by tation of property, the aid of a grant of public land on the condition that such railroad troops, officers, should be a public highway for the use of the Government of the United &c., of United States free from toll or other charge, or upon any other conditions for States. the use of such road, for such transportation; nor shall any allowance be made for the transportation of officers of the Army over any such road when on duty and under orders as military officers of the United States.
But nothing herein contained shall be construed as preventing any may bring suits such railroad from bringing a suit in the Court of Claims for the charges therefor in Court for such transportation, and recovering for the same if found entitled of Claims, with right of appeal. thereto by virtue of the laws in force prior to the passage of this act; R. S., §§ 707, 708, provided that the claim for such charges shall not have been barred by 1059. the statute of limitations at the time of bringing the suit, and either party shall have the right of appeal to the Supreme Court of the United 16 Opin. Att'y
15 C. Cls., 126,
Gen., 605. And provided further, That the foregoing provision shall not apply - certain roads exfor the current fiscal year, nor thereafter, to roads where the sole con- empt from these dition of transportation is that the company shall not charge the Gov. provisions. ernment higher rates than they do individuals for like transportation, and when the Quartermaster-General shall be satisfied that this condition has been faithfully complied with.
[Par. 3.] That hereafter no money shall be expended at said [national] armories in the perfection of patentable inventions in the manufacture of arms by officers of the Army otherwise compensated for their serv
ices to the United States.
SEC. 2. That in all contracts for material for any public improvement, the Secretary of War shall give preference to American material; and all labor thereon shall be performed within the jurisdiction of the United States.
[March 3, 1875.]
Money not to be expended at armoinventions by Arries in perfecting
my officers. R. S., §§ 1662-1673. Secretary of War, in contracts for public improvements, to give preference to domestic materials, and all labor thereon to be performed in United States. R. S., § 3717.
AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE MILITARY ACADEMY FOR
Military Academy, vacancies in, may be filled by
-assistant instructors of tactics to receive pay
Be it enacted, &c.
At Military Academy, books to be sold to cadets at cost.
That the President of the United States be authorized to fill any vacancy occurring at said academy by reason of death, or other cause, any person appointed by him.
March 3, 1875. 18 Stat. L., 467.
Military Acadof emy, vacancies in, may be filled by President.
R. S., 1309-1341.
-assistant in- That the assistant instructors of tactics commanding cadet companies structors of tactics at West Point shall receive the same pay and allowances as assistant to receive pay of assistant profess- professors in the other branches of study.
R. S., § 1337. -books to be sold to cadets at cost.
R. S., §§ 1309
March 3, 1875.
18 Stat. L., 469.
For * * #
text-books, books of reference, ***
* printing and binding text-books prepared for the special instruction of the cadets.
Provided, That said books shall be sold to the cadets at cost price and the amount received therefor shall be covered into the Treasury; * [March 3, 1873.]
AN ACT RESTRICTING THE REFUNDING OF CUSTOM DUTIES AND PRESCRIBING CERTAIN
[SECTION 1], That no moneys collected as duties on imports, in acTreasury restricted cordance with any decision, ruling, or direction previously made or given in power to refund customs duties by the Secretary of the Treasury, shall, except as hereinafter provided, be refunded or repaid, unless in accordance with the judgment of a cirR. S., §§ 2984, cuit or district court of the United States giving construction to the law, 30124, 3013, 5292. and from which the Attorney-General shall certify that no appeal or 15 Opin. Att'y- writ of error will be taken by the United States; or unless in pursuance Gen., 127. of a special appropriation for the particular refund or repayment to be made:
-except in cases of error of facts.
Provided, That whenever the Secretary shall be of opinion that such duties have been assessed and collected under an erroneous view of the facts in the case, he may authorize a re-examination and reliquidation in such case, and make such refund in accordance with existing laws as the facts so ascertained shall, in his opinion, justify; but no such reliquidation shall be allowed unless protest and appeal shall have been made as required by law:
- and except in Provided further, That the restrictive provisions of this act shall not case of personal ef- apply to such personal and household effects and other articles, not merfeets, &c., not du- chandise, as are by law exempt from duty:
-and cases of ex
cess of deposits on estimated duties.
R. S., § 30124.
And provided also, That this act shall not affect the refund of excess of deposits based on estimated duties nor prevent the correction of errors in liquidation, whether for or against the Government, arising solely upon errors of fact discovered within one year from the date of payment, and, when in favor of the Government, brought to the notice of the collector within ten days from the date of discovery.
-decisions of, as to SEC. 2. That no ruling or decision once made by the Secretary of the customs duties, not Treasury, giving construction to any law imposing customs duties, shall to be reversed, or be reversed or modified adversely to the United States, by the same or modified adversely to United States, a succeeding Secretary, except in concurrence with an opinion of the except, &c. Attorney-General recommending the same, or a judicial decision of a R. S., §§ 249, circuit or district court of the United States conflicting with such ruling 2652, 5293. or decision, and from which the Attorney-General shall certify that no appeal or writ of error will be taken by the United States:
- may decline to acquiesce in decis
ion of inferior courts in any case,
Provided, That the Secretary of the Treasury may in his discretion, decline to acquiesce in the judgment, decision, or ruling of an inferior court upon any question affecting the interests of the United States, when, in his opinion, such interests require a final adjudication of such 16 Opin. Att'y- question by the court of last resort. Gen., 20, 94.
SEC. 3. That the Secretary of the Treasury shall have power to make such regulations, not inconsistent with law, as may be necessary to carry this act into effect.
Secretary of Treasury to make regulatiotions under this act. R. S., § 249. SEC. 4. That the Secretary of the Treasury shall, in his annual report to report to Conto Congress, give a detailed statement of the various sums of money gress annually refunded under the provisions of this act or of any other act of Congress money refunded relating to the revenue, together with copies of the rulings under which under revenue repayments were made': laws, &c.
R. S., §§ 257-262. may require Attorney-General to
Provided, That in all cases where the Secretary of the Treasury shall so request the Attorney-General shall take an appeal to the Supreme appeal any case. Court. [March 3, 1875.]
AN ACT TO DETERMINE THE JURISDICTION OF CIRCUIT COURTS OF THE UNITED STATES,
1. Circuit courts; concurrent jurisdiction with State courts in civil cases.
-jurisdiction of, in cases of crimes.
Persons not to be arrested in one district for trial in another.
Suits in circuit and district courts to be brought only in district where defendant resides or isfound, except, &c.
-not to be maintained by assignee of original parties who could not have brought same, except, &c.
Appelate jurisdiction of circuit courts.
2. Suits removable from State courts to circuit courts.
-where the controversy is wholly between
3. Petition, bond, and proceedings for removal
Issues of fact in circuit court to be tried by
4. In cases removed from State courts, previous attachments, bonds, securities, orders, &c., to remain valid.
Be it enacted, &c.
5. Suits improperly brought in or removed to
- subject to review by Supreme Court.
6. In suits removed to circuit courts proceedings
time for filing copy of record and appear-
- refusal of clerk of State court to furnish
- court may issue mandamus to compel re-
8. Absent defendants in suits in circuit courts,
-adjudication against, to affect only prop-
-such suits may be brought in either district
not personally notified may appear within
9. Death of party to final judgment in circuit
March 3, 1875.
18 Stat. L., 470.
[SECTION 1], That the circuit courts of the United States shall have Circuit courts; original cognizance, concurrent with the courts of the several States, of concurrent jurisall suits of a civil nature at common law or in equity, where the matter diction with State in dispute exceeds, exclusive of costs, the sum or value of five hundred courts in civil dollars, and arising under the Constitution or laws of the United States, or treaties made, or which shall be made, under their authority, or in which the United States are plaintiffs or petitioners, or in which there shall be a controversy between citizens of different States or a controversy between citizens of the same State claiming lands under grants of different States, or a controversy between citizens of a State and foreign states, citizens, or subjects;
And shall have exclusive cognizance of all crimes and offenses cognizable under the authority of the United States, except as otherwise provided by law, and concurrent jurisdiction with the district courts of the crimes and offenses cognizable therein.
But no person shall be arrested in one district for trial in another in any civil action before a circuit or district court.
And no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant, or in which he shall be found at
R. S., § 629. 101 U.S., 297. 13 Blatch., 388, 470.
4 Dillon, 239.
in cases of crimes. R. S., §§ 563, 711.
Persons not to be arrested in one district for trial in another. R. S., § 739. Suits in circuit and district courts
to be brought only