School fund. Consent of tribe to be obtained. provement of the Seminole Indians, or in his discretion, with the sanc- And provided further, That the consent of said tribe to such expend- NOTE.-(1) The consent here required was given in writing and filed in the office of Indian Affairs Be April 15, 1874. 18 Stat. L., 29. Land in Fort CHAPTER 98. AN ACT TO DONATE THE MILITARY RESERVATION AT FORT STEILACOOM TO THE TER- Be it enacted, &c., That section thirty-three of township numbered Provided, That this act shall not be construed or have the effect to impair any rights of any person in or to any portion of said lands acquired under any of the land laws of the United States. [April 15, 1874.] April 15, 1874. 18 Stat. L., 29. CHAPTER 99. AN ACT TO FORFEIT TO THE UNITED STATES CERTAIN LANDS GRANTED TO THE PLA- Lands granted to Placerville and Sacramento Valley Railroad Company forfeited, and to be disposed Lands granted Be it enacted, &c., That all lands which were granted by Congress in lic lands. 193. CHAPTER 106. April 17, 1874. 18 Stat. L., 30. Enrollment and on western and AN ACT TO AMEND THE ACT ENTITLED "AN ACT RELATING TO THE ENROLLMENT Enrollment and license of vessels on western and northern waters, how may be issued or renewed in Be it enacted, &c., That the provisions (1) of the act relating to the license of vessels enrollment and license of vessels navigating the western rivers and the northern waters, waters on the northern, northeastern, and northwestern frontiers of the how may be issued United States, otherwise than by sea, approved February twenty-eighth, or renewed in dis- eighteen hundred and sixty-five, are hereby extended to include all vestricts other than sels of the United States navigating the waters of the United States. where owned. R. S., § 4328. [April 17, 1874.] NOTE. (1) The provisions of the act of 1865, ch. 69 (13 Stat. L., 444), here referred to, are incorporated into Revised Statutes in the section noted in the margin. CHAPTER 107. AN ACT TO AUTHORIZE THE EMPLOYMENT OF CERTAIN ALIENS AS ENGINEERS AND PILOTS. censed as April 17, 1874. 18 Stat. L., 30. Aliens, in certain cases, may be licensed as engineers and pilots to serve on steam-vessels. Be it enacted, &c., That any alien who, in the manner provided for by Aliens, in certain law, has declared his intention to become a citizen of the United States, cases, may be liand who shall have been a permanent resident of the United States for engiat least six months immediately prior to the granting of such license, serve may be licensed, as if already naturalized, to serve as an engineer or vessels. pilot upon any steam-vessel subject to inspection under the provisions R. S., §§ 4131, of the act entitled (1) "An act to provide for the better security of life on 4438, 4441, 4442. board of vessels propelled, in whole or in part, by steam, and for other purposes," approved February twenty-eighth, eighteen hundred and seventy-one. [April 17, 1874.] NOTE.-(1) The provisions of the act of 1871, ch. 100 (16 Stat. L., 440), here referred to, are incorporated into the Revised Statutes in the sections noted in the margin. CHAPTER 110. AN ACT TO AMEND THE ACT ENTITLED "AN ACT FOR ENROLLING AND LICENSING HUNDRED AND NINETY-THREE. Certain canal Certain canal-boats exempt from enrollment and license, and from payment of customs fees. Be it enacted, &c., (1) That the act to which this is a supplement shall not be so construed as to extend the provisions of the said act to canal boats boats exempt from enrollment and lior boats employed on the internal waters or canals of any State; and cense, and from all such boats, excepting only such as are provided with sails or pro- customs fees. pelling machinery of their own adapted to lake or coastwise navigation, and excepting such as are employed in trade with the Canadas, shall be exempt from the provisions of the said act, and from the payment of all customs and other fees under any act of Congress. [April 18, 1874.] NOTE.-(1) The provisions of the act of 1793, ch. 8 (1 Stat. L., 305), here referred to, are incorporated into R. S., §§ 4220, 15 Opin. Att'y Gen., 52. 16 Opin. Att'y Gen., 247. CHAPTER 111. AN ACT TO SECURE TO THE DOMESTIC AND FOREIGN MISSIONARY SOCIETY OF THE Land in White Earth Indian reservation in Min- -on condition that estate shall cease when not so April 18, 1874. 18 Stat. L., 31. Land in White ervation in Min and Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, authorized and directed, by and with the consent of the Missis- Earth Indian ressippi bands of Chippewa Indians, to cause to be issued a patent to the nesota granted for Domestic and Foreign Missionary Society of the Protestant Episcopal missionary Church in the United States, for eighty acres of land, to embrace the school purposes. church, parsonage and hospital, and such other buildings as may have been, or may, prior to the issue of such patent be, erected by and under the direction of said society on the White Earth Indian reservation in Minnesota, said land to be selected by the person acting under the au thority of said society, and reported by the United States agent for the Chippewa Indians in Minnesota, through the Office of Indian Affairs, to the Secretary of the Interior: -on condition that estate shall cease when not so Provided, That the estate to be conveyed to said society shall cease and be determined when the land and the erections thereon shall no longer be occupied and used by said society for missionary and school used. purposes. [April 18, 1874.] April 20, 1874. 18 Stat. L., 33. CHAPTER 117. AN ACT TO PROVIDE FOR THE INSPECTION OF THE DISBURSEMENTS OF APPROPRIA- SECTION 1. Secretary of War to make frequent inquiries Be it enacted, &c. SECTION 2. Secretary of War to report thereon to Congress annually. Secretary of War [SECTION 1], That it shall be the duty of the Secretary of War to to make frequent cause frequent inquiries to be made as to the necessity, economy, and inquiries as to nepropriety of all disbursements made by disbursing officers of the Army, cessity, economy, &c., of disburse- and as to their strict conformity to the law appropriating the money; ments by Army also to ascertain whether the disbursing officers of the Army comply officers, &c. with the law in keeping their accounts and making their deposits; such inquiries to be made by officers of the inspection department of the Army, or others detailed for that purpose: R. S., § 216. Provided, That no officer so detailed shall be in any way connected with the department or corps making the disbursement. SEC. 2. That the reports of such inspections shall be made out and forwarded to Congress with the annual report of the Secretary of War. [April 20, 1874.] April 24, 1874. CHAPTER 127. and land office therein. AN ACT TO ESTABLISH THE BISMARCK LAND DISTRICT IN THE TERRITORY OF DA- SECTION SECTION 1. Bismarck land district in Dakota and land- 2. receiver and register of. Be it enacted, &c. [SECTION 1], That all that portion of Dakota Territory lying north of R. S., § 2256, 2d the seventh standard parallel and west of the ninth guide-meridian be, ed., p. 411. and the same is hereby, created into a separate land district, to be known as the Bismarck district; and the land office for said district shall be located at the town of Bismarck, where the North Pacific Railroad intersects the Missouri River. -register and receiver of. SEC. 2. That a register and a receiver shall be appointed for said district land office, who shall be governed by the same laws and receive R. S., §§ 2234- the same compensation as prescribed for similar officers in the other land districts of said Territory. [April 24, 1874.] 2247. CHAPTER 135. AN ACT RELATIVE TO PRIVATE CONTRACTS OR AGREEMENTS MADE WITH INDIANS [SECTION 1], That hereafter it shall not be lawful for any United to be recognized by States officer, or other person under its employ or control, to recognize public officers, ex- the binding force or legality, or in any manner sustain or enforce or cept in cases speci- counsel, or give any aid or assistance to sustain or enforce, any contract R. S., §§ 2103, or agreement made by any person or persons, or corporation, with any band, tribe, or nation of Indians, or individual Indian or Indians, not fied. 2104, 2106. a citizen of the United States, entered into prior to the date of the act of Congress entitled (1) "An act regulating the mode of making private contracts with Indians," approved May twenty-first, eighteen hundred and seventy-two, for the payment or delivery of any money or other thing of value, in present or prospective, or for the granting or procuring any privilege to him or her, or any other person or persons, or corporation, in consideration of services for, or advancements made to, said Indians relative to their lands, or to any claim growing out of or in reference to annuities, instalments, or other moneys, claims, demand, or thing under laws or treaties with the United States, or official acts of any officer thereof, or in any way connected with or due from the United States, unless such contract or agreement was reduced to writing and duly signed by the parties in interest thereto at the time it was entered into and fully made known to the parties at the time the contract was signed, and then not until such original written contract shall first have been presented to and examined by the Secretary of the Interior and the Commissioner of Indian Affairs, and these facts by them severally endorsed thereon, and a copy of said contract and of any assignments that may have been made thereon duly entered of record in the office of the Commissioner of Indian Affairs. -statements of to be filed in Commissioner's office. SEC. 2. That in addition thereto there shall also be filed in said Commissioner's office, and retained therein as official papers, and be exam- facts concerning, ined by said Commissioner and Secretary, and that fact indorsed on them, the following statement of facts touching each and all such contracts and agreements so presented; which statements shall be sworn to specially by all and severally the person or persons claiming interest in and seeking the support and enforcement of such contract or agreement, and not by agent or attorney: First, that the writing presented for examination and record, as provided for in the first section of this act, and purporting to be the original contract or agreement, is in fact such, and that it was entered into and reduced to writing at the date and for the purposes it purports to have been made and executed; Secondly, such sworn statement shall give particularly the names of the real parties in interest in the original contract or agreement, naming them if not named in the written contract or agreement, and if either of the contracting parties is a band, tribe, or nation of Indians, or a corporation or firm, the name of the person, officer, or agent contracting in their behalf, together with his authority for so doing, shall be specially stated; Thirdly, a particular statement of all and singular the services rendered or the thing or things done under such contract or agreement prior to said filing, with those things to be done or rendered, together with a particular statement of any and all moneys paid or advanced by either party under such contract or agreement, giving in all cases the time, place, and real value of services rendered, or thing or things done, or the kind and manner of payment, whether in money, property, or credits, up to the date of the filing of the said sworn statement; Fourthly, state specifically whether the original contract or agreement had been submitted to any Secretary of the Interior, Commissioner of Indian Affairs, superintendent of Indian affairs, Indian agent, commissioner, or other person having official control of or connection with Indian affairs, giving the time when, place where, and person by name to whom such submission was made, and whether by said officer indorsed or not, or whether any such officer was cognizant of such contract or agreement having been made, though not submitted to him for approval. SEC. 3. That the Secretary or Commissioner of Indian Affairs is hereby - additional facts empowered to require, in writing, any additional facts or proofs that may and proofs may be required. be necessary to aid in determining the true character of the contract or agreement, or assignment thereof. SEC. 4. That no such contract or agreement shall be recognized by any Secretary of Inofficer or employee of the United States until the Secretary of the Inte. rior shall, after full consideration of any such contract or agreement, together with the proofs and papers in this act required to be filed, and such as the Secretary of the Interior or Commissioner of Indian Affairs may require in addition thereto, the Secretary of the Interior shall consider to be just and reasonable, and not tainted with fraud, and not exorbitant in its demands: NOTE. (1) The provisions of the act of 1872, ch. 177 (17 Stat. L., p. 136), here referred to, are incorporated into Revised Statutes in the sections noted in the margin. terior to determine contracts just, &c., before they can be recognized. Secretary of Interior to enter of record his official statement. Provided, That the Secretary of the Interior shall in all cases enter, in writing, on such original contract, on the record in the office of the Commissioner of Indian Affairs wherein such original contract is recorded, an official statement, showing that the contract or agreement and proofs have been filed in accordance with the provisions of this act and consid. ered by him, and in his opinion said contract or agreement or assign. ments thereof are not exorbitant and not fraudulent, and that they are just, the same shall be valid. -may reject any But if, in the opinion of the Secretary of the Interior, such contract or contract as exorbi- agreement, or the assignment thereof, is fraudulent or exorbitant, he shall tant or fraudulent. officially enter his rejection, in writing, upon the record of such contract or agreement, and they shall not be considered of binding force by any officer or employee of the United States. to cause investigation to be made of existing contracts, &c. SEC. 5. That it is hereby made the duty of the Secretary of the Interior to cause an investigation to be made of all existing contracts or agreements, within the purview of this act, now on file in his office, or of the office of the Commissioner of Indian Affairs, or any other office or bureau under his control, and by special notice to the party or parties in interest compel, in the case of each such contract or agreement so found on file, the same strictness of official examination, and indorsement, record and sworn statement of fact, as is required by the several provisions of this act: Provided, That the investigation of facts touching the character of any may be appointed contract or agreement contemplated by this act may be made by a comto make investiga- missioner appointed by the President for that purpose, who shall report all such facts to the Secretary of the Interior in writing. [April 29, 1874.] Commissioner tions. April 29, 1874. 18 Stat. L., 36. CHAPTER 136. AN ACT TO RATIFY AN AGREEMENT WITH CERTAIN UTE INDIANS IN COLORADO, AND Articles of agreement with Ute Indians in Colorado. Ratified again 1880, June 15, ch. 223. Preamble. Treaty (15 Stat. L., 619). Stat. L., 55). [SECTION 1], That a certain agreement made by Felix R. Brunot, commissioner on the part of the United States, with certain Ute Indians in Colorado, be, and the same is hereby, ratified and confirmed. agreement is in words and figures following, namely: Said Articles of convention made and entered into at the Los Pinos agency for the Ute Indians, on the thirteenth day of September, eighteen hundred and seventy-three, by and between Felix R. Brunot, commissioner in behalf of the United States, and the chiefs, head men, and men of the Tabequache, Muache, Capote, Weeminuche, Yampa, Grand River, and Uintah bands of Ute Indians, witnesseth: That whereas a treaty was made with the confederated bands of the Ute Nation on the second day of March, eighteen hundred and sixty-eight, and 1872, ch. 115 (17 proclaimed by the President of the United States on the sixth day of Novem ber, eighteen hundred and sixty-eight, the second article of which defines by certain lines the limits of a reservation to be owned and occupied by the Ute Indians; and whereas by act of Congress approved April twenty three, eighteen hundred and seventy two, the Secretary of the Interior was authorized and empowered to enter into negotiations with the Ute Indians in Colorado |
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