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CHAPTER 206.

DEPART

AN ACT MAKING APPROPRIATIONS FOR THE SERVICE OF THE POST-OFFICE
MENT FOR THE FISCAL YEAR ENDING JUNE THIRTIETH, EIGHTEEN HUNDRED AND
EIGHTY-ONE, AND FOR OTHER PURPOSES.

SECTION

1. Par. 1. Superintendent of Railway Mail Serv.
ice and Chief of Post-Office In-
spectors to be paid traveling ex-
penses.

Special agents of post-office to be
called post-office inspectors.

Par. 2. Railroad company refusing railway
postal cars to have its pay reduced
10 per cent.

Be it enacted, &c.

[SECTION 1.]

SECTION

Par. 2. Repeal of authority to reduce pay on
account of non-delivery of mails on
time.

Par. 3. Postal cards and stamps for foreign
mail-matter may be furnished by
Postmaster-General.

Par. 4. Remission of part of cost of Australian
closed mail in favor of New Zealand
and New South Wales.

Par. 1.] The superintendent of railway mail service and the chief of post-office inspectors shall be paid their actual expenses while traveling on the business of the department;

June 11, 1880.

21 Stat. L., 177.

Superintendent of railway mail service &c., to be paid traveling exch. 259, § 1, par. 1. Special agents

penses. R. S., §§ 4017, 4020. 1878, June 17, And section four thousand and seventeen of the Revised Statutes is hereby so amended as to insert in lieu of the words "special agents" of post-office to be and the word "agents", wherever they occur in said section, the words post-office inspectors".

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post-office

inspectors. R. S., § 4017. 1878, June 17, ch. 259, § 1, par. 1. [Par. 2.] That in case any railroad company fail or refuse to provide Railroad comrailway post-office cars when required by the Post-Office Department pany refusing railsaid company shall have its pay reduced ten per centum on the rates way postal cars to have its pay refixed in section four thousand and two of the Revised Statutes as duced. amended by act of July twelfth, eighteen hundred and seventy-six, en- R. S., §§ 4002titled "An act making appropriations for the service of the Post-Office 4005. Department for the fiscal year ending June thirtieth, eighteen hundred 1876, July 12, ch. and seventy-seven, and for other purposes", and as further amended by 1878, June 17, ch. the act of June seventeenth, eighteen hundred and seventy-eight, enti- 259.

179.

tled "An act making appropriations for the service of the Post-Office 1881, March 1, Department for the fiscal year ending June thirtieth, eighteen hundred ch. 96, § 1. and seventy-nine, and for other purposes";

And section five of the act entitled "An act making appropriations Repeal of section for the service of the Post Office Department for the fiscal year ending authorizing reducJune thirtieth, eighteen hundred and eighty, and for other purposes", tion of pay for nonapproved March third, eighteen hundred and seventy-nine, be, and the time. same is hereby, repealed.

*

1879, March 3, ch. 180, § 5.

Postal cards and mail-matter may

[Par. 3.] And the Postmaster-General is hereafter authorized to furnish and issue to the public, postal cards with postage-stamps impressed stamps for foreign upon them, for circulation in the mails exchanged with foreign coun- be furnished by tries under the provisions of the Universal Postal Union Convention of Postmaster-GenJune first, eighteen hundred and seventy-eight, at a postage charge of eral. two cents each, including the cost of their manufacture.

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[Par. 4.] Provided, That the Postmaster-General be authorized to remit in favor of the colonies of New Zealand and New South Wales so much of the cost of the overland transportation of the Australian closed mails as he may deem just.

[June 11, 1880.]

Remission of part of cost of Australian closed mail

in favor New Zea land and New South Wales.

R. S., $$ 40064016.

June 14, 1880.

21 Stat. L., 197.

Sunken vessels

CHAPTER 211.

AN ACT MAKING APPROPRIATIONS FOR THE CONSTRUCTION, REPAIR, COMPLETION,
AND PRESERVATION OF CERTAIN WORKS ON RIVERS AND HARBORS, AND for
OTHER PURPOSES.

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SEC. 4. Whenever hereafter the navigation of any river, lake, harbor, or obstructing navi- bay, or other navigable water of the United States, shall be obstructed gation to be re- or endangered by any sunken vessel or water-craft, it shall be the duty moved by Secretary of War. of the Secretary of War, upon satisfactory information thereof, to cause reasonable notice, of not less than thirty days, to be given, personally or by publication, at least once a week in the newspaper published nearest the locality of such sunken vessel or craft, to all persons interested in such vessel or craft, or in the cargo thereof, of the purpose of said Secretary, unless such vessel or craft shall be removed as soon thereafter as practicable by the parties interested therein, to cause the same to be removed.

unless removed

If such sunken vessel or craft and cargo shall not be removed by the by parties inter- parties interested therein as soon as practicable after the date of the ested, after notice. giving of such notice by publication, or after such personal service of notice, as the case may be, such sunken vessel or craft shall be treated as abandoned and derelict, and the Secretary of War shall proceed to remove the same.

after removal to

Such sunken vessel or craft and cargo and all property therein when be sold, with car- so removed shall, after reasonable notice of the time and place of sale, go, &c., and pro- be sold to the highest bidder or bidders for cash, and the proceeds of ceeds deposited in the Treasury. such sales shall be deposited in the Treasury of the United States to the credit of a fund for the removal of such obstructions to navigation, under the direction of the Secretary of War, and to be paid out for that purpose on his requisition therefor.

Act extends other wrecks.

Appropriation.

to The provisions of this act shall apply to all such wrecks whether removed under this act or under any other act of Congress.

Such sum of money as may be necessary to execute this section of this act is hereby appropriated, out of any money in the Treasury of the United States not otherwise appropriated, to be paid out on the requisition of the Secretary of War. [June 14, 1880.]

June 14, 1880. 21 Stat. L., 198.

CHAPTER 213.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO CREATE THE NORTHERN JUDICIAL
DISTRICT OF THE STATE OF TEXAS, AND TO CHANGE THE EASTERN AND WEST-
ERN JUDICIAL DISTRICTS OF SAID STATE, AND TO FIX THE TIME AND PLACES OF
HOLDING COURTS IN SAID DISTRICTS", APPROVED FEBRUARY TWENTY-FOURTH,

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Judicial dis

1. Judicial districts of Texas; in which divisions 2. Aransas County added to western district.
offenses to be tried.
3. Pending cases.

Be it enacted, &c.

[SECTION 1], That the above recited act be amended by adding to and tricts of Texas; in at the end of the fifth section thereof the following words, to wit: which divisions

offenses to be tried. R. S., § 740.

1879, Feb. 24, ch. 97, § 5.

And all prosecutions in either of said districts for offenses against the laws of the United States shall be tried in that division of the district to which process for the county in which said offenses are committed is by said section required to be returned. And all writs and recogni

zances in said prosecutions shall be returned to that division in which said prosecutions by this act are to be tried.

SEC. 2. That said act be further amended by adding to and at the end of section third thereof the words "and Aransas."

1879,

SEC. 3. This act shall not apply to prosecutions now pending. [June 14, 1880.]

Aransas County

added to western
district.

R. S., § 548.
Feb. 24, ch. 97, § 3.
Pending cases.

CHAPTER 214.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO AMEND THE STATUTES IN RELA-
TION TO IMMEDIATE TRANSPORTATION OF DUTIABLE GOODS, AND FOR OTHER
PURPOSES."

Transportation in bond of dutiable goods; error in act corrected.

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Transportation Be it enacted, &c., That in the act entitled "An Act to amend the Stat- in bond of dutiable utes in relation to immediate transportation of dutiable goods, and for goods; error in other purposes", approved June tenth, eighteen hundred and eighty, acts corrected. the words "section four" where they occur in the first section of the act, be changed to "section five". [June 14, 1880.]

1880, June 10, ch. 190.

CHAPTER 221.

AN ACT TO PROVIDE FOR THE DISPOSAL OF THE FORT HARKER MILITARY RESERVA

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June 15, 1880.

21 Stat. L., 198.

Fort Harker mil

[SECTION 1], That the Secretary of War is hereby authorized to turn over to the Secretary of the Interior the Fort Harker military reserva- itary reservation tion in Kansas for sale, as hereinafter provided.

in Kansas to be sold.

to be appraised

SEC. 2. The Secretary of the Interior shall cause said reservation to be appraised as early as practicable, in tracts not exceeding one hundred and offered for and sixty acres each, by three competent disinterested persons, who shall sale. be appointed by the Secretary of the Interior, and who shall make said appraisement under oath, and upon the approval of such appraisement by the Secretary, he shall offer said reservation for sale by giving such notice as is now required for the sale of public lands.

The persons who may have at the date of the passage of this act present settlers settled upon and improved said lands, shall have the prior right to pur- on, to have prior chase the lands so settled upon at the appraised value thereof, not to right to purchase at appraisal. exceed one hundred and sixty acres, except in the case of a fractional quarter-section to each person, and shall have such reasonable time in which to make payment therefor as the Secretary of the Interior may prescribe.

rest may be sold

Such portion of said reservation as shall not have been settled upon and improved at the date of the passage of this act shall be sold by the to new settlers. Secretary of the Interior to actual settlers, under such regulations as he may prescribe:

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-not to be sold

Provided, That no land shall be sold under the provisions of this act for less than one dollar and a quarter per acre nor at a less price than for less than $1.25 the appraisal thereof.

per acre.

All sales of land herein provided for shall be made as nearly as prac- rules for sale of. ticable under the rules and regulations now existing for disposing of the public lands of the United States. [June 15, 1880.]

June 15, 1880. 21 Stat. L., 199.

Preamble.

Agreement with Ute Indians in Colorado ratified, except, &c.

Addition to first clause.

-to third clause: schools.

Annuities.

CHAPTER 223.

AN ACT TO ACCEPT AND RATIFY THE AGREEMENT SUBMITTED BY THE CONFEDERATED
BANDS OF UTE INDIANS IN COLORADO, FOR THE SALE OF THEIR RESERVATION IN
SAID STATE, AND FOR OTHER PURPOSES, AND TO MAKE THE NECESSARY APPRO-
PRIATIONS FOR CARRYING OUT THE SAME.

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Whereas certain of the chiefs and headmen of the confederated bands of the Ute tribe of Indians, now present in the city of Washington, have agreed upon and submitted to the Secretary of the Interior an agreement for the sale to the United States of their present reservation in the State of Colorado, their settlement upon lands in severalty, and for other purposes; and

Whereas the President of the United States has submitted said agreement, with his approval of the same, to the Congress of the United States for acceptance and ratification, and for the necessary legislation to carry the same into effect: Therefore

Be it enacted, &c.

[SECTION 1], That said agreement be, and the same is hereby, accepted, ratified, and confirmed:

Provided, That the said agreement shall be amended by adding to the first clause thereof, after the words "guilty parties", the words following, to wit: "Until such surrender or apprehension, or until the Presi dent shall be satisfied that the guilty parties are no longer living or have fled beyond the limits of the United States, the proportion of the money, hereinafter provided, coming to that portion of the Ute Indians known as the White River Utes, except for removal and settlement, shall not be paid";

And by adding to the third express condition of said agreement after the word "forever", the words following, to wit:

Provided, That the President of the United States may, in his discretion, appropriate an amount thereof, not exceeding ten thousand dollars, for the education in schools established within or beyond the limits of the lands selected, of such youths of both sexes as in his judgment may be best qualified to make proficiency in practical industries and pursuits necessary for their self-support;

And out of the portion of said moneys coming to the White River Utes, the United States shall pay annually to the following-named persons, during the period of twenty years, if they shall live so long, the following sums respectively: To Mrs. Arivella D. Meeker, five hundred dollars; to Miss Josephine Meeker five hundred dollars; to Mrs. Sophronia Price, five hundred dollars; to Mrs. Maggie Gordon, five hundred dollars; to George Dresser, two hundred dollars; to Mrs. Sarah M. Post, five hundred dollars; to Mrs. Eaton, mother of George Eaton, two hundred dollars; to the parents of Arthur L. Thompson two hundred dollars; to the father of Fred Shepard, two hundred dollars; to the parents of Wilmer Eskridge, two hundred dollars";

And by adding to the fifth express condition of said agreement after word "reaffirmed", the words following to wit: "This sum, together with the annuity of fifty thousand dollars herein before provided, may, in the discretion of Congress, at the end of twenty-five years, be capitalized, and the principal sum be paid to said Indians per capita in lieu of said annuities";

Addition to fifth clause.

And provided also, That three-fourths of the adult male members of Members to sign said confederated bands shall agree to and sign said agreement, upon agreement. presentation of the same to them, in open council, in the manner hereinafter provided:

Indians not to be

Provided further, That nothing in this act contained, or in the agreement herein set forth, or in the amendments herein proposed to said removed from lands claimed in agreement, shall be so construed as to compel any Ute Indian to remove severalty. from any lands that he or she claims in severalty.

Terms of agree

Said agreement is in words and figures as follows, namely: The chiefs and headmen of the confederated bands of the Utes now present in Wash- ment. ington, hereby promise and agree to procure the surrender, to the United States, for trial and punishment, if found guilty, of those members of their nation, not yet in the custody of the United States, who were implicated in the murder of United States Indian Agent N. C. Meeker and the murder of and outrages upon the employees at the White River Agency on the twenty-ninth day of September, eighteen hundred and seventy-nine, and in case they do not themselves succeed in apprehending the said parties, presumably guilty of the above-mentioned crime, that they will not in any manner obstruct, but faithfully aid, any officers of the United States, directed by the proper authorities, to apprehend such presumably guilty parties.

The said chiefs and headmen of the confederated bands of Utes also agree and promise to use their best endeavors with their people to procure their consent to cede to the United States all the territory of the present Ute Reservation in Colorado, except as hereinafter provided for their settlement.

The Southern Utes agree to remove to and settle upon the unoccupied agricultural lands on the La Plata River, in Colorado; and if there should not be a sufficiency of such lands on the La Plata River and in its vicinity in Colorado, then upon such other unoccupied agricultural lands as may be found on the La Plata River or in its vicinity in New Mexico.

The Uncompahgre Utes agree to remove to and settle upon agricultural lands on Grand River, near the mouth of the Gunnison River, in Colorado, if a sufficient quantity of agricultural land shall be found there, if not then upon such other unoccupied agricultural lands as may be found in that vicinity and in the Territory of Utah. The White River Utes agree to remove to and settle upon agricultural lands on the Uintah Reservation in Utah.

Allotments in severalty of said lands shall be made as follows:

To each head of a family 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 of age one-eighth of a section, with an additional quantity of grazing land not exceeding one-eighth of a section.

To each orphan child under eighteen years of age one-eighth of a section, with an additional quantity of grazing land not exceeding one-eighth of a section; and to each other person, under eighteen years, now living, or who may be born prior to said allotments, one-eighth of a section, with a like quantity of grazing land.

All allotments to be made with the advice of the commission hereinafter provided, upon the selection of the Indians, heads of families selecting for their minor children, and the agents making the allotment for each orphan child.

The said chiefs and headmen of the confederated bands of Utes further promise that they will not obstruct or in anywise interfere with travel upon any of the highways now open or hereafter to be opened by lawful authority in or upon any of the lands to be set apart for their use by virtue of this agreement.

The said chiefs and headmen of the confederated bands of Utes promise to obtain the consent of their people to the cession of the territory of their reservation as abovs on the following express conditions:

Conditions.

First. That the Government of the United States canse the lands so set apart to be First. properly surveyed and to be divided among the said Indians in severalty in the proportion herein before mentioned, and to issue patents in fee simple to them respectively therefor, so soon as the necessary laws are passed by Congress. The title to be acquired by the Indians shall no be subject to alienation, lease, or incumbrance, either by voluntary conveyance of the grantee 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 of the United States may see fit to remove the restriction, which shall be incorporated in the patents when issued, and any contract made prior to the removal of such restriction shall be void.

Second. That so soon as the consent of the several tribes of the Ute Nation shall Second have beer obtained to the provisions of this agreement, the President of the United States shall cause to be distributed among them in cash the sum of sixty thousand dollars of annuities now dne and provided for, and so much more as Congress may

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