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for the extinguishment of their right to a certain portion of said reservation, and a commission was appointed on the first day of July, eighteen hundred and seventy two, to conduct said negotiation; and whereas said negotiation having failed, owing to the refusal of said Indians to relinquish their right to any portion of said reservation, a new commission was appointed by the Secretary of the Interior, by letter of June second, eighteen hundred and sev enty-three, to conduct said negotiation:
Now, therefore, Felix R. Brunot, commissioner in behalf of the United States, and the chiefs and people of the Tabequache, Muache, Capote, Weeminuche, Yampa, Grand River, and Uintah, the confederated bands of the Ute Nation, do enter into the following agreement:
Ute Indians re
Article I. The confederated band of the Ute Nation hereby relinquish to the United States all right, title, and claim and interest in and to the lease certain lands. following described portion of the reservation heretofore conveyed to them by the United States, viz: Beginning at a point on the eastern boundary of said reservation fifteen miles due north of the southern boundary of the Territory of Colorado, and running thence west on a line parallel to the said southern boundary to a point on said line twenty miles due east of the western boundary of Colorado Territory; thence north by a line parallel with the western boundary to a point ten miles north of the point where said line intersects the thirty-eighth parallel of north latitude; thence east to the eastern boundary of the Ute reservation; thence south along said boundary to the place of beginning: Provided, That if any part of the Uncopagre Park shall be found to extend south of the north line of said described country, the same is reserved. not intended to be included therein, and is hereby reserved and retained as a portion of the Ute reservation.
Article II. The United States shall permit the Ute Indians to hunt upon said lands so long as the game lasts and the Indians are at peace ted to hunt. with the white people.
Article III. The United States agrees to set apart and hold, as a per- - annuity to be petual trust for the Ute Indians, a sum of money, or its equivalent in disbursed or inbonds, which shall be sufficient to produce the sum of twenty-five thou- Reaffirmed 1880, sand dollars per annum; which sum of twenty-five thousand dollars June 15, ch. 223. per annum shall be disbursed or invested at the discretion of the President, or as he may direct, for the use and benefit of the Ute Indians annually forever.
Article IV. The United States agrees, so soon as the President may -agency for, to be deem it necessary or expedient, to erect proper buildings and establish established. an agency for the Weeminuche, Muache, and Capote bands of Ute Indians at some suitable point, to be hereafter selected, on the southern part of the Ute reservation.
Article V. All the provisions of the treaty of eighteen hundred and Provisions of sixty-eight not altered by this agreement shall continue in force; and treaty of, reaffirmthe following words, from article two of said treaty, viz,
"The United States now solemnly agrees that no persons except those Stat. L., 619). herein authorized to do so, and except such officers, agents, and employees of the Government as may be authorized to enter upon Indian reservations in discharge of duties enjoined by law, shall ever be permitted to pass over, settle upon, or reside in the territory described in this article, except as herein otherwise provided," are hereby expressly re-affirmed, except so far as they applied to the country herein relinquished. Article VI. In consideration of the services of Ouray, head chief of Salary of Ouray, the Ute Nation, he shall receive a salary of one thousand dollars annum for the term of ten years, or so long as he shall remain head chief of the Utes and at peace with the people of the United States. Article VII. This agreement is subject to ratification or rejection by Subject to ratifi
the Congress of the United States and of the President. (1)
chief of Ute Nation.
Bonds to be is
SEC. 2. That the Secretary of the Treasury shall issue, set apart, and hold, as a perpetual fund, in trust for the Ute Indians, a sufficient sued and held for
NOTE.-(1) This agreement is signed and sealed by the Commissioner of the United States and by 254
payment of nuity, &c.
an- amount of five-per-centum bonds of the United States, the interest on which shall be twenty-five thousand dollars per annum; which interest shall be paid annually, as the President of the United States may direct, for the benefit of said Indians.
Appropriation for payment of salary to Chief Ouray.
SEC. 3. That the Secretary of the Treasury shall cause to be paid to Ouray one thousand dollars, as the first installment due him annually, so long as he shall be chief of said Ute Indians; and there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, one thousand dollars for that purpose. [April 29, 1874.]
April 29, 1874. 18 Stat. L., 41.
Time of making
tended to Jan. 1,
AN ACT FOR THE RELIEF OF SETTLERS ON THE CHEROKEE STRIP IN KANSAS.
Be it enacted, &c., That all persons who, by the provisions of the proof of settle- second section of the act entitled "An act to carry out certain proment, &c., for visions of the Cherokee treaty of eighteen hundred and sixty-six, and Cherokee lands exfor the relief of settlers on the Cherokee lands in the State of Kansas," approved May eleventh, eighteen hundred and seventy-two, who have become entitled at any time to enter and purchase any portion of the lands mentioned in said act, but who have failed to make proof of settlement, entry, and payment within the times provided by said act, shall have and be allowed additional time within which to make such proof of settlement, entry, and payment to the first day of January, eighteen hundred and seventy-five;
1872, ch. 157, § (17 S. L., 98).
Treaty (14 S. L., 799).
Rights not forfeited.
Interest to be paid.
And no forfeiture of any rights of such persons shall be had or have effect by reason of failure heretofore to make such proof of settlement, entry, and payment within the time provided by said act, anything in the said act to the contrary notwithstanding;
And all persons availing themselves of the provisions of this act shall, at the time of entry and payment, pay interest on the purchase money of their lands at the rate of five per centum per annum from the time at which such payments should have been made by the terms of the aforesaid act to the time that payment shall be made. [April 29, 1874.]
May 7, 1874.
18 Stat. L., 42.
AN ACT TO AMEND THE ACT ENTITLED "AN ACT TO REGULATE THE CARRIAGE of
EIGHTEEN HUNDRED AND FIFTY-FIVE.
Collectors of customs to make returns to Secretary of Treasury of lists of passengers arriving in vessels. Collectors of cus- Be it enacted, &c., That the thirteenth section (1) of the act entitled toms to make re- "An act to regulate the carriage of passengers in steamships and other turns to Secretary vessels," approved March third, eighteen hundred and fifty-five, be, and of Treasury of lists of passengers ar- the same is hereby, repealed; and that hereafter each and every colriving in vessels. lector of customs to whom shall be delivered the manifests or lists of R.S., 208, par.6. passengers prescribed by the twelfth section of the act aforesaid, apR. S., 4266, proved March third, eighteen hundred and fifty-five, shall make returns
from such manifests or lists of passengers to the Secretary of the Treas ury of the United States, in such manner as shall be prescribed by that officer, under whose direction statements of the same shall be prepared and published. [May 7, 1874.]
NOTE.-(1) Section thirteen of the act of 1855, ch. 213 (10 Stat. L., 719), here referred to, is incorporated into the Revised Statutes, where it constitutes section 4267 and the sixth paragraph of section 208, which seem to be superseded or repealed by this act.
May 8, 1874.
18 Stat. L., 43.
AN ACT TO AMEND THE THIRTY-FIRST SECTION (1) OF AN ACT ENTITLED AN ACT FOR ENROLLING AND CALLING OUT THE NATIONAL MILITIA, AND FOR OTHER PURPOSES," APPROVED MARCHI THIRD, EIGHTEEN HUNDRED AND SIXTY-THREE. Army officers on duty west of Omaha may have certain leaves of absence without deduction of pay. Be it enacted, &c., That all officers on duty at any point west of a Army officers on line drawn north and south through Omaha City, and north of a line duty west of Omadrawn east and west upon the southern boundary of Arizona, shall be ha may have cerallowed sixty days' leave of absence without deduction of pay or allow
Provided, That the same is taken but once in two years:
And provided further, That the leave of absence may be extended to three months if taken once only in three years; or four months, if taken once only in four years. [May 8, 1874.]
NOTE.-(1) Section thirty-one of the act of 1863, ch. 75 (12 Stat. L., 736), here referred to, is incorporated into Revised Statutes in section 1265, noted in the margin.
tain leaves of ab-
AN ACT PROVIDING FOR THE PAYMENT OF THE BONDS OF THE LOUISVILLE AND
1. Louisville and Portland Canal; appropria-
2. Secretary of War to take possession of canal.
Be it enacted, &c.
Secretary of Treasury to audit and allow
-not to pay city or State taxes.
3. Canal to be free of toll, except, &c.
Secretary of War to provide for management
4. Trustees in mortgage to secure bondholders;
May 11, 1874. 18 Stat. L., 43.
Portland Canal, appropriation to pay debts of, made permanent.
1873, ch. 233 (17
[SECTION 1], That the appropriations made by the act approved March third, eighteen hundred and seventy-three, entitled (1) "An act making appropriations for the repair, preservation, and completion of certain public works on rivers and harbors, and for other purposes," for the payment of the debts of the Louisville and Portland Canal Com- S. L., 563). pany, are hereby continued in full force, and are made permanently applicable to the payment of the debts of the said Louisville and Portland Canal Company; and so much as may be necessary shall be applied to the payment of the interest as it accrues, and the principal of the outstanding bonds of said company as they mature:
Provided, however, That the Secretary of the Treasury may purchase and pay for any of said bonds, at the market price, not above par, whenever he deems it for the interest of the United States. SEC. 2. That after thirty days from the passage of this act the Secretary of War is hereby authorized and directed to take possession of the said Louisville and Portland Canal, and all the property, real and personal, of said company, as the property of the United States, as provided for by the act of the general assembly of the State of Kentucky, approved February twenty-second, eighteen hundred and forty-four, entitled "An act to amend an act entitled 'An act to amend the charter of the Louisville and Portland Canal Company,' approved January twenty-first, eighteen hundred and forty-two," conceding jurisdiction over said canal to the United States, subject however, to the mortgagelien on said property in favor of the trustees under said mortgage and the holders of the bonds issued under it;
And the Secretary of the Treasury is hereby authorized to pay the
NOTE.-(1) The act of 1873, ch. 233 (17 Stat. L., 563), here referred to, authorized the Secretary of the Treasury to assume control of the canal, as the provision now stands in Revised Statutes, § 5255, and provided that "the sum of money necessary to enable the Secretary of the Treasury to carry this provision into effect is hereby appropriated."
R. S., § 5255.
- bonds of, may be purchased by Sec
retary of Treasury.
Secretary of War to take possession
Secretary of Treasury to pay di
and to collect debts due company.
rectors for their directors of said company for the stock held by them, which payment stock, to have ac- shall be made forthwith by the Secretary of the Treasury, being the sum counts examined; of one hundred dollars to each director, with interest thereon at six per centum per annum since the ninth day of February, eighteen hundred and sixty-four; and he is authorized and directed to cause a careful and full examination of all the receipts and disbursements of the said company to be made, and to collect, and, if necessary, to sue for, any money due to or held for the said company by the directors of said company, or the trustees under said mortgage, or by any person whatever.
Secretary of Treasury to give notice that debts of company be presented by July 1, 1875, &c.
Secretary of War to provide for manpair of canal, make
agement and re
Trustees in mort
gage to secure bondholders, how may enforce lien.
Attorney-General to appear in case, &c.
And said Secretary of the Treasury is hereby directed and empowered, immediately upon the passage of this act to give public notice in such manner as, in his judgment, will best effect the purpose, to all persons and corporations having debts of any nature against said Louisville and Portland Canal Company, except the bonded debt thereof, to present them to him on or before the first day of July, eighteen hundred and seventy-five; and any such debt not presented on or before said day shall be forever barred.
And said Secretary is hereby directed and authorized to examine, audit, and, in his discretion, allow such debts, or any of them, being hereby vested with any power necessary to that end; and he shall embrace his action in the premises in his succeeding annual report:
Provided, however, That no sum of money shall be paid by the Secretary of the Treasury on account of any claim for either city or State taxes assessed, or to be hereafter assessed, against said company, or against the said canal property, or any of its appendages.
SEC. 3. That the said canal and property appertaining thereto shall be held for the common use and benefit of the people of the United States, free of all tolls and charges except such as are necessary to pay the current expenses of said canal, and to keep the same in repair; and for the present year they shall be at the rate of ten cents per ton capacity on vessels propelled by steam and five cents per ton on other vessels;
And to ascertain what rates will pay current expenses after the present year, the Secretary of War shall, on the first Monday of January of each year, ascertain from the expenses of the previous year what tolls will probably pay the expenses of the current year; and he shall fix and declare the rate of tolls thus ascertained to be charged for the current year;
And, until otherwise provided by law, the Secretary of War shall provide for the superintendence, management, and repair of said canal, and may apply the tolls so received, as far as may be necessary, to pay the current expenses of said canal; and he shall, in his next annual report, set forth such receipts and expenditures and the condition of said canal with a view to such legislation as may be necessary for the superintendence and management thereof; but no expenditure nor contract for expenditure of money shall be made under the authority of this section in any one year to an amount greater than the amount which may be received during such year from tolls on said canal.
SEC. 4. That if at any time it become necessary to enforce the lien of the mortgage upon said canal property for the benefit of the bondholders, it shall be lawful for the trustees named in said mortgage, or any other trustees who may be appointed in pursuance of the laws of Kentucky, to commence proceedings therein in any court having jurisdiction thereof, with notice to the United States as terre tenant pro forma, and serve process upon any officer of the United States who shall have the superintendence of said canal, whose duty it shall be to notify the Attorney-General of the United States of such service;
Whereupon said Attorney-General shall enter an appearance in said case, and take all necessary steps to represent and defend the interests of the United States in such proceedings, so that the same may be conducted in the same manner and with the like effect as if the said Louisville and Portland Company were still in existence as a corporation. [May 11, 1874.]
AN ACT TO ESTABLISH AN ASSAY-OFFICE AT HELENA, IN THE TERRITORY OF MONTANA.
1. Assay-office at Helena, Montana, established. 2. building for, to be constructed.
Be it enacted, &c.
[SECTION 1], That the Secretary of the Treasury is hereby authorized and required to establish an assay-office at Helena, in the Territory of Montana, the said assay-office to be conducted under the provisions of the act entitled (1) “An act revising and amending the laws relative to the mints, assay-offices, and coinage of the United States," approved February twelfth, eighteen hundred and seventy-three.
May 12, 1874.
18 Stat. L., 45.
Assay-office at Helena, Montana, established.
R. S., § 3495.
building for, to
SEC. 2. That the Secretary of the Treasury is hereby authorized and directed to cause to be constructed a suitable building at Helena, in be constructed. the Territory of Montana, for the purpose of said assay-office, and provide the same with the necessary fixtures and apparatus, at a cost not exceeding fifty thousand dollars, which sum is hereby appropriated out of any money in the Treasury not otherwise appropriated. [May 12, 1874,]
NOTE.-(1) The provisions of the act of 1873, ch. 131 (17[Stat. L., 424), here referred to, are incorporated into Revised Statutes in §§ 3495–3570.
AN ACT GIVING THE ASSENT OF CONGRESS FOR THE IMPROVEMENT OF THE WOLF
Wolf River may be improved to run logs across
Damages, how awarded.
River may be used by Indians and others for run-
May 15, 1874.
18 Stat. L., 46.
Be it enacted, &c., That the assent of Congress be, and hereby is, Wolf River may given to the Keshena Improvement Company, a corporation organized be improved so as under the laws of the State of Wisconsin, to improve the Wolf River, to run logs across so as to run logs down said river, across the Menomonee Indian reser- tion. vation, in accordance with the laws of said State:
Provided, That any damages which may be caused on account of such Damages, how improvements shall be awarded as in all other cases under the laws of awarded. the State of Wisconsin, and the amount be paid into the Treasury of the United States for the benefit of said Indians;
And said Indians and all other persons shall be permitted to use said river for the purpose of running logs, as contemplated by this act; and the charges for said privilege shall be regulated by the legislature of
the State of Wisconsin:
Provided, further, That all privileges under this act may be altered or revoked by Congress. [May 15, 1874.]
River may be used by Indians and others for running logs, under charges regulated by Wisconsin.
Act may be altered, &c.
AN ACT GRANTING A PORTION OF THE UNITED STATES MILITARY RESERVATION AT
Public cemetery to be laid out on military reservation, near Salt Lake City, Utah.
- part of, for use of religious denominations.
May 16, 1874. 18 Stat. L., 46.
Be it enacted, &c., That the Secretary of War be, and he is hereby, Public cemetery authorized to set apart a tract of land, not exceeding twenty acres in to be laid out on extent, in the United States military reservation of Camp Douglas, near tion near Salt Lake Salt Lake City, in the Territory of Utah, to be used as a public ceme- City, Utah. tery, under such rules and regulations as he shall establish for the protection, care, and management of such cemetery. And he shall cause