Commissioners penses. appropriate for that purpose; and that a commission shall be sent to superintend the removal and settlement of the Utes, and to see that they are well provided with agricultural and pastoral lands sufficient for their future support, and upon such settlement being duly effected, that they are furnished with houses, wagons, agricultural implements, and stock cattle sufficient for their reasonable wants, and also such saw and grist mills as may be necessary to enable them to commence farming operations, and that the money to be appropriated by Congress for that purpose shall be apportioned among the different bands of Utes in the following manner: One-third to those who settle on the La Plata River and vicinity, one-half to those settling on Grand River and vicinity, and one-sixth to those settling on the Uintah Reservation. Third. That in consideration of the cession of territory to be made by the said confederated bands of the Ute Nation, the United States, in addition to the annuities and sums for provisions and clothing stipulated and provided for in existing treaties and laws, agrees to set apart and hold, as a perpetual trust for the said Ute Indians, a sum of money, or its equivalent in bonds of the United States, which shall be sufficient to produce the sum of fifty thousand dollars per annum, which sum of fifty thousand dollars shall be distributed per capita to them annually forever. Fourth. That as soon as the President of the United States may deem it necessary or expedient, the agencies for the Uncompahgres and Southern Utes be removed to and established at suitable points, to be hereafter selected, upon the lands to be set apart, and to aid in the support of the said Utes until such time as they shall be able to support themselves, and that in the mean time the United States Government will establish and maintain schools in the settlements of the Utes, and make all necessary provision for the education of their children. Fifth. All provisions of the treaty of March second, eighteen hundred and sixtyeight, and the act of Congress approved April twenty-ninth, eighteen hundred and seventy-four, not altered by this agreement, shall continue in force, and the following words from article three of said act, namely, "The United States agrees to set apart and hold, as a perpetual trust for the Ute Indians, a sum of money or its equivalent in bonds, which shall be sufficient to produce the sum of twenty-five thousand dollars per annum, which sum of twenty-five thousand dollars 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 forever", are hereby expressly reaffirmed. Sixth. That the commissioners above mentioned shall ascertain what improvements have been made by any member or members of the Ute Nation upon any part of the reservation in Colorado to be ceded to the United States as above, and that payment in cash shall be made to the individuals having made and owning such improvements, upon a fair and liberal valuation of the same by the said commission, taking into consideration the labor bestowed upon the land. Done at the city of Washington this sixth day of March, anno Domini eighteen hundred and eighty. Signed SEC. 2. That the President of the United States be, and he is hereby, appointed; com- authorized and empowered to appoint, by and with the advice and conpensation, ex- sent of the Senate, five commissioners, who shall receive compensation for their services at the rate of ten dollars per diem while actually engaged, in addition to their actual traveling and other necessary expenses; and said commissioners shall, under such instructions as the Secretary of the Interior may give them, present said agreement to the confederated bands of the Ute Indians in open council for ratification, as provided in the first section of this act; Clerk; his salary, bond, and du ties. And said commissioners shall have a clerk, at a salary of two hundred dollars per month, in addition to his actual traveling and other necessary expenses, and who shall give bond in an amount to be fixed by the Secretary of the Interior, and shall act also as disbursing-officer for said commissioners. Improvement on And upon the ratification of said agreement by said tribe as herein lands surrendered provided, said commissioners shall, under the direction of the Secretary to be appraised. Census of In dians. -particulars of. of the Interior, appraise the improvements belonging to said Ute Indians upon the lands surrendered by them as provided in said agreement, and report the same to the Secretary of the Interior for settlement. It shall be their duty to take a careful census of said Indians, separating them under said census as follows: First. Those known in the agreement above referred to as Southern Utes. Second. Those known as Uncompahgre Utes. Third. Those known as White River Utes. Said census shall also show separately the name of each head of a family, and the number of persons in such family, distinguishing those over eighteen years of age from those under eighteen years of age, and giving the names of each separately; also, said census shall show separately the orphan children in each of said classes of Utes described in the foregoing agreement, and they shall make an accurate register of the names, ages, occupations, and general condition of each of the above classes as aforesaid, specifying particularly the number and names of said Indians incapable by reason of orphanage, minority, or other disability of managing their own affairs, Lands to be al And they shall also select lands and allot them in severalty to said Indians, as herein provided, and superintend the removal, location, and lotted in severalty. settlement of the Indians thereon, and do and perform such other services as the Secretary of the Interior may consider necessary for them to do in the execution of the provisions of this act. Commissioners And after the said commissioners shall have performed the duties specifically assigned to them by this act, and such other duties as the to make report. Secretary of the Interior may require of them, they shall make a full report of their proceedings to the Secretary of the Interior, which shall set forth, among other things, the name of each person to whom they. may have apportioned and allotted lands as herein provided for, with the name and condition of such person, showing who, upon proofs, are considered incompetent to take charge of their property, either as orphans, minors, or for other causes; and shall also exhibit the quantity of land assigned to each person, with the metes and bounds of such allotments. And said commissioners shall make an accurate map of the whole survey and proceeding, showing the partition and division aforesaid, a copy and survey. of which map shall be filed with said report; and the Secretary of the Interior shall cause a copy to be filed in the General Land Office, and copies shall also be filed in the office of the surveyors-general of Utah, Colorado and New Mexico, and also in the office of the register and receiver of the land district in which such lands or any portion of them may be situate. -to make map Said commissioners shall further report the total number of acres to report numallotted and set apart as provided by the foregoing agreement, the ber of acres allotamount of such land tillable without irrigation, the amount of irrigation ted, &c. required, and the probable cost thereof. They shall also locate the agencies for the Southern Utes and the to locate agenUncompahgre Utes, shall furnish an estimate of the number of houses cies, estimate cost required, the cost of each, the number of school-houses required and the of houses, schoolhouses, &c. number of teachers, and the number of children of school age, and such other data as the Secretary of the Interior may require to enable him to make judicious expenditure of the money appropriated in section nine of this act; And said commissioners shall exercise direct supervision and control to supervise exof all expenditures under this act during the time they remain in the penditures, render Ute country, under the general direction of the Secretary of the Inte- accounts, &c. rior; and they shall render a full and detailed account of such expenditure, with the vouchers therefor, as now provided by law. Land to be sur Allotments of SEC. 3. That the Secretary of the Interior be, and he is hereby, authorized to cause to be surveyed, under the direction of said commissioners, veyed for settlea sufficient quantity of land in the vicinities named in said agreement, ment in severalty. to secure the settlement in severalty of said Indians as therein provided. And upon the completion of said survey and enumeration herein required, the said commissioners shall cause allotments of lands to be land in severalty. made to each and all of the said Indians, in quantity and character as set forth in the agreement above mentioned, and whenever the report and proceedings of said commissioners, as required by this act, are approved by the President of the United States, he shall cause patents to issue to each and every allottee for the lands so allotted, with the same conditions, restrictions and limitations mentioned therein as are provided in said agreement; Lands released And all the lands not so allotted, the title to which is, by the said agreement of the confederated bands of the Ute Indians, and this ac. to United States to be sold. Lands not sub entry, but to be ceptance by the United States, released and conveyed to the United States, shall be held and deemed to be public lands of the United States and subject to disposal under the laws providing for the disposal of the public lands, at the same price and on the same terms as other lands of like character, except as provided in this act: Provided, That none of said lands, whether mineral or otherwise, shall ject to homestead be liable to entry and settlement under the provisions of the homestead sold for cash, &c.; law; but shall be subject to cash entry only in accordance with existing money how dis- law; and when sold the proceeds of said sale shall be first sacredly ap posed of. Subdivisions on sold at auction. plied to reimbursing the United States for all sums paid out or set apart under this act by the government for the benefit of said Indians, and then to be applied in payment for the lands at one dollar and twentyfive cents per acre which may be ceded to them by the United States outside of their reservation, in pursuance of this agreement. And the remainder, if any, shall be deposited in the Treasury as now provided by law for the benefit of the said Indians, in the proportion herein before stated, and the interest thereon shall be distributed annually to them in the same manner as the funds provided for in this act: Provided further, That the subdivisions upon which are located imwhich are improvements to be appraised, as provided for in section two of this act, provements to be shall be offered to the highest bidder at public sale, after published notice of at least thirty days by the Secretary of the Interior, and the same shall be absolutely reserved from occupation or claim until so sold. Indians patent- SEC. 4. That upon the completion of said allotments and the patenting ing allotments to of the lands to said allottees, each and every of the said Indians shall have equal rights be subject to the provisions of section nineteen hundred and seventyof citizenship. seven of the Revised Statutes and to the laws, both civil and criminal, of the State or Territory in which they may reside, with the right to sue and be sued in the courts thereof: R. S., § 1977. -lands of; how not taxable. Trust fund; interest to be paid cach Indian annually. Salaries continucd. Distribution of money to Indians themselves for energy, &c. Provided, That their lands and personal property shall not be subject to taxation or execution upon the judgment, order, or decree of any court obtained on any cause of action which may arise during the period named in the above recited agreement. SEC. 5. That the Secretary of the Treasury shall, out of any moneys in the Treasury not otherwise appropriated, set apart, and hold as a perpetual trust-fund for said Ute Indians, an amount of money sufficient at four per centum to produce annually fifty thousand dollars, which interest shall be paid to them per capita in cash, annually, as provided in said agreement. SEC. 6. That all salaries paid to any member or members of the Ute tribe under existing treaty stipulations shall be continued for the term of ten years beyond the time fixed in said treaties. And the sum of four thousand dollars per annum for the term of ten years shall be distributed by the President at his discretion to such of who distinguish said Indians as distinguish themselves by good sense, energy, and perseverance in the pursuits of civilized life, and in the promotion of a good understanding between the Indians and the Government and people of the United States, and there is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, four thousand dollars as the first installment for such purpose. Laws relating to Indians to apply. R. S., § 20392157. SEC. 7. That the provisions of title twenty-eight of the Revised Statutes shall extend over and be applicable to every allotment of land provided for in the foregoing agreement, and to the administration of the affairs of said Indians, so far as said provisions can be made applicable thereto. Springs in Un- SEC. 8. That the hot springs located in what is known as "The Uncompaligre Valley compahgre Park", in the Uncompahgre Valley, and four square miles and four square of land surrounding said springs and within said valley, are hereby reserved, and with drawn from settlement, occupancy, or sale, under the R. S., §§ 2474, laws of the United States, and dedicated and set apart for the benefit and enjoyment of the people; and, so far as practicable, the provisions miles of land reserved, &c. 2475. of sections twenty-four hundred and seventy-four and twenty-four hundred and seventy-five, of the Revised Statutes, are hereby made applicable to said tract. SEC. 9. That for the purpose of carrying the provisions of this act into Appropriations. effect, the following sums, or so much thereof as may be necessary, be, and they are hereby, appropriated, out of any moneys in the Treasury not otherwise appropriated, to be expended under the direction of the Secretary of the Interior as follows, namely: For the payment of the expenses of the commissioners herein provided, the sum of twenty-five thousand dollars. For the cost of removal and settlement of the Utes, surveying their lands, building houses, establishing schools, building mills and agency buildings, purchasing stock, agricultural implements, and so forth, as provided in said agreement and in this act, the sum of three hundred and fifty thousand dollars. For the sum to be paid to said Ute Indians, per capita, in addition to the sixty thousand dollars now due and provided for, the sum of fifteen thousand dollars. For the payment of the appraised value of individual improvements as provided herein, the sum of twenty thousand dollars. For the care and support of the Ute Indians in Colorado for the bal. ance of the current fiscal year, the sum of twelve thousand dollars: Provided, That with the exception of the appropriation for expenses when available. of the commissioners, the above appropriations shall become available only upon the ratification of said agreement by three-fourths of the male adult members of the Ute Indians as provided in this act, and the certification of such fact to the Secretary of the Treasury by the Secretary of the Interior. SEC. 10. If the agreement as amended in this act is not ratified by Ratification. three-fourths of the adult male Indians of the Ute tribes within four months from the approval of this act the same shall cease to be of effect after that day.(1) [June 15, 1880.] NOTE. (1) The agreement as amended by this act was ratified by three-fourths of the adult male CHAPTER 225. AN ACT MAKING APPROPRIATIONS FOR THE LEGISLATIVE, EXECUTIVE, AND JUDICIAL Par. 1. Rates of pay for folding books, pamphlets, Par. 3. Departments may rent buildings in District of Columbia, in certain cases. &c. Par. 2. Secretary of Treasury to report annually amount received for fines, penalties, &c., and how expended. Be it enacted, &c. 1876, Aug. 15, ch. [Par. 1.] And the following prices may be paid for folding books, pam- Rates of pay for phlets, speeches, and the Daily Record, namely: For quarto volumes, not folding, books, exceeding one cent per volume; for octavo volumes, not exceeding one- pamphlets, &c. half cent each per volume; for the Daily Record, not exceeding two dol- 287, § 1, par. 1. lars per thousand; and for speeches not exceeding one dollar per thousand. [Par. 2.] And the Secretary of the Treasury shall make to Congress Secretary of each year a statement giving the amount received under sec- Treasury to report tion thirty-six hundred and eighty-seven of the Revised Statutes, and received for fines, annually amount also a statement showing in detail how the money appropriated under penalties, &c., and said section has been expended. how expended. R. S., § 3687. Departments [Par. 3.] And where buildings are now rented for public use in the may rent buildings District of Columbia, the executive departments are authorized, whenbia in certain ever it shall be advantageous to the public interest, to rent others in their stead: Provided, That no increase in the number of buildings now 1874, June 22, ch. in use, nor in the amounts paid for rents, shall result therefrom. 388, par. 4. in District Colum cases. 1877, March 3, [June 15, 1880.] ch. 106. CHAPTER 227. June 15, 1880. 21 Stat. L., 237. trespasses, &c., SECTION AN ACT RELATING TO THE PUBLIC LANDS OF THE UNITED STATES. 1. Suits and prosecutions not to be maintained 2. Persons who have entered public lands for Be it enacted, &c. SECTION 3. Certain alternate sections of railway-grant lands reduced in price. 4. Act not to apply to mineral lands, nor to trespassers after March, 1879. Suits and prose[SECTION 1], That when any lands of the United States shall have cutions not to be been entered and the Government price paid therefor in full no criminal maintained for suit or proceeding by or in the name of the United States shall therecommitted before after be had or further maintained for any trespasses upon or for or on March, 1879, on account of any material taken from said lands and no civil suit or propublic lands en- ceeding shall be had or further maintained for or on account of any tered and paid for, trespasses upon or material taken from the said lands of the United &c. States in the ordinary clearing of land, in working a mining claim or for agricultural or domestic purposes or for maintaining improvements upon the land of any bona fide settler or for or on account of any timber or material taken or used by any person without fault or knowledge of the trespass or for or on account of any timber taken or used without fraud or collusion by any person who in good faith paid the officers or agents of the United States for the same or for or on account of any alleged conspiracy in relation thereto: Provided, That the provisions of this section shall apply only to trespasses and acts done or committed and conspiracies entered into prior to March first, eighteen hundred and seventy-nine: And provided further, That defendants in such suits or proceedings shall exhibit to the proper courts or officer the evidence of such entry and payment and shall pay all costs accrued up to the time of such entry. Persons who SEC. 2. That persons who have heretofore under any of the homestead have entered pub- laws entered lands properly subject to such entry, or persons to whom lic lands for home- the right of those having so entered for homesteads, may have been atexisting laws, or tempted to be transferred by bona fide instrument in writing, may entheir assigns, may title themselves to said lands by paying the government price therefor, have patent on and in no case less than one dollar and twenty-five cents per acre, and paying price. the amount heretofore paid the government upon said lands shall be taken as part payment of said price: stead under pre Certain alternate sections of railroad-grant lands reduced in price to $1.25 per acre. R. S., § 2357. Act not to apply Provided, This shall in no wise interfere with the rights or claims of others who may have subsequently entered such lands under the homestead laws. SEC. 3. That the price of lands now subject to entry which were raised to two dollars and fifty cents per acre, and put in market prior to January, eighteen hundred and sixty one, by reason of the grant of alternate sections for railroad purposes is hereby reduced to one dollar and twentyfive cents per acre. SEC. 4. This act shall not apply to any of the mineral lands of the to mineral lands, United States; and no person who shall be prosecuted for or proceeded nor to trespasses against on account of any trespass committed or material taken from after March, 1879. any of the public lands after March first, eighteen hundred and seventynine shall be entitled to the benefit thereof. [June 15, 1880.] |