INDIAN AFFAIRS: LAWS AND TREATIES. Vol. 1, Laws

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.

ACTS OF FIFTY-THIRD CONGRESS—SECOND SESSION, 1895.
CHAP. 3 | CHAP. 236 | CHAP. 290 | CHAP. 307

Margin Notes
Chap. 290	Indian affairs.
Chap. 290	Superintendents of schools may act as agents.
Chap. 290	— to give bond. R. S., 2075. 1875, Mar. 3, c. 132, s. 10, ante. p. 25.
Chap. 290	Salaries of agents fixed.
Note b	Pay of Indian agents.
Chap. 290	Employees not to be paid for interpreting. [28 Stat., 288.]
Chap. 290	Surplus tribal lands to be leased for farming. [28 Stat., 305.] 1900, May 31, c. 598, post, p. 105.
Chap. 290	Claimants may appear in circuit court. 1893, Mar. 3, c. 209, ante, p. 66. 95 Fed. Rep., 193. Amended, post, p. 109.
Chap. 290	Jurisdiction to courts.
Chap. 290	Effect of judgments.
Chap. 290	Lands excepted.
Chap. 290	Appeal.
Chap. 290	Equal education to those taking lands in severalty. [28 Stat., 311.] 1893, Mar. 3, c. 209, ante, p. 65. 1887, Feb. 8, c. 119, ante, p. 33. 1891, Feb. 28, c. 383, ante, p. 57.
Sec. 2	Face value of certain nonpaying bonds to be credited to the Indians. R. S., 2095, 2096.
Sec. 2	Interest to be paid. 1880, Apr. 1, c. 41, ante, p. 28.
Sec. 2	Bonds to belong to United States.
Sec. 3	Supplies to be manufactured by Indians. [28 Stat., 312.]
Sec. 4	Advertisement and contract before appropriations. R. S., 3679, 3732, 3733.
Sec. 4	Contracts on basis of preceding year.
Sec. 4	No liability unless appropriation.
Sec. 9	Report of employees at agencies and schools. R. S., 468. 1889, Mar. 2, c. 412, ante, p. 44. 1900, May 31, c. 598, post, p. 107.
Sec. 9	— Indian Bureau R. S., 468.
Sec. 10	Indian employees preferred. 1882. May 17, c. 163 (1 Supp. R. S., 343).
Sec. 10	Provision to be enforced.

Chapter 290
Aug. 15, 1894. | 28 Stat., 286.

An act making appropriations for current and contingent expenses of the Indian Department and fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and for other purposes.

Be it enacted, &c., * * * That the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, may devolve the duties of any Indian agency upon the superintendent of the Indian training school located at such agency, whenever in his judgment such superintendent can properly perform the duties of such agency

And the superintendent upon whom such duties devolve shall give bond as other Indian agents; ^a

^aThis provision, without the last sentence as to bond, is repeated from the previous appropriation act, 1893, March 3, ch. 209.

Hereafter the annual salaries of the several Indian agents shall be as provided for in this Act.^b

^bA provision has been repeated annually in the Indian appropriation acts, since 1884, repealing all laws fixing compensation of Indian agents in excess of the amount provided in the particular act.

This paragraph now seems intended to take the place of the recurrent annual provisions and to fix the salaries on a permanent basis. The salaries so fixed in this act are as follows:

Blackfeet Agency, Montana, $1,800.
Cherokee School, North Carolina: Additional compensation to superintendent of said school for performing the duties heretofore required of the agency at the Cherokee Agency, $200.
Cheyenne and Arapaho Agency, Oklahoma Territory, $1,800.
Cheyenne River Agency, South Dakota, $1,700.
Colorado River Agency, Arizona, $1,500.
Colville Agency, Washington, $1,500.
Crow Creek and Lower Brule Agency, South Dakota, $1,800.
Crow Agency, Montana, $1,800.
Devils Lake Agency, North Dakota, $1,200.
Flathead Agency, Montana, $1,500.
Fort Belknap Agency, Montana, $1,500.
Fort Berthold Agency, South Dakota, $1,500.
Fort Hall Agency, Idaho, $1,500.
Fort Peck Agency, Montana, $1,800.
Grand Ronde Agency, Oregon, $1,200.
Green Bay Agency, Wisconsin, $1,800.
Hoopa Valley Agency, California, $1,200.
Kiowa Agency, Oklahoma Territory, $1,800.
Klamath Agency, Oregon, $1,200.
La Pointe Agency, Wisconsin, $1,800.
Lemhi Agency, Idaho, $1,200.
Mescalero Agency, New Mexico, $1,600.
Mission Tule River Agency, California, $1,600.
Navajo Agency, New Mexico, $1,800.
Neah Bay Agency, Washington, $1,200.
Nevada Agency, Nevada, $1,500.
New York Agency, New York, $1,000.
Nez Perces Agency, Idaho, $1,600.

{Page 68}

Omaha and Winnebago Agency, Nebraska, $1,600.
Osage Agency, Oklahoma Territory, $1,600.
Pima Agency, Arizona, $1,800.
Pine Ridge Agency, South Dakota, $1,800.
Pottawatomie and Great Nemaha Agency, Kansas, $1,200.
Ponca, Pawnee, Otoe, and Oakland Agency, Oklahoma Territory, $1,500.
Pueblo and Jicarilla Agency, New Mexico, $1,500.
Puyallup (consolidated) Agency, Washington, $1,600.
Rosebud Agency, South Dakota, $1,800.
Round Valley Agency, California, $1,500.
Sac and Fox Agency, lowa, $1,000.
Sac and Fox Agency, Oklahoma Territory, $1,200.
San Carlos Agency, Arizona, $1,800.
Santee Agency, Nebraska, $1,200.
Shoshone Agency, Wyoming, $1,500.
Siletz Agency, Oregon, $1,200.
Sisseton Agency, South Dakota, $1,500.
Southern Ute Agency, Colorado, $1,400.
Standing Rock Agency, North Dakota, $1,800.
Tongue River Agency, Montana, $1,500.
Tulalip Agency, Washington, $1,200.
Uintah and Ouray Agency, Utah (consolidated), $1,800.
Umatilla Agency, Oregon, $1,200.
Union Agency, Indian Territory, $1,500.
Warm Springs Agency, Oregon, $1,200.
Western Shoshone Agency, Nevada, $1,500.
White Earth Agency, Minnesota, $1,800.
Yakima Agency, Washington, $1,800.
Yankton Agency, South Dakota, $1,600.
Quapaw Agency, Indian Territory, $1,400.

For the payment of necessary interpreters, to be distributed in the discretion of the Secretary of the Interior, * * * dollars; but no

person employed by the United States and paid for any other service shall be paid for interpreting.^c * * *

^cThis provision has been repeated annually since 1885.

That the surplus lands of any tribe may be leased for farming purposes by the council of such tribe under the same rules and regulations and for the same term of years as is now allowed in the case of leases for grazing purposes.

That all persons who are in whole or in part of Indian blood or descent who are entitled to an allotment of land under any law of Congress, or who claim to be so entitled to land under any allotment Act or under any grant made by Congress, or who claim to have been unlawfully denied or excluded from any allotment or any parcel of land to which they claim to be lawfully entitled by virtue of any Act of Congress, may commence and prosecute or defend any action, suit, or proceeding in relation to their right thereto, in the proper circuit court of the United States.

And said circuit courts are hereby given jurisdiction to try and determine any action, suit, or proceeding arising within their respective jurisdictions, involving the right of any person, in whole or in part of Indian blood or descent, to any allotment of land under any law or treaty.

And the judgment or decree of any such court in favor of any claimant to an allotment of land shall have the same effect, when properly certified to the Secretary of the Interior, as if such allotment had been allowed and approved by him;

but this provision shall not apply to any lands now held by either of the Five Civilized Tribes nor to any of the lands within the Quapaw Indian Agency:

Provided, That the right of appeal shall be allowed to either party as in other cases.

That hereafter in the expenditure of money appropriated for any of the purposes of education of Indian children, those children of Indians who have taken or may hereafter take lands in severalty under any existing law shall not, by reason thereof, be excluded from the benefits of such appropriation. * * *

That the Secretary of the Treasury is hereby authorized and directed to place upon the books of the Treasury to the credit of the several Indian tribes interested therein, the face value of certain nonpaying State bonds or stocks, including certain abstracted bonds described on pages one hundred and fifty-three and one hundred and fifty-four of Annual Estimates for the fiscal year ending June thirtieth, eighteen hundred and ninety-five (House Executive Document Numbered five, Fifty-third Congress, second session),

to draw interest at the rate of five per cent per annum, as provided by the Act of April one, eighteen hundred and eighty;

and thereupon said State bonds or stocks shall become the property of the United States.

And the Secretary of the Interior may, when practicable, arrange for the manufacture by Indians upon the reservation, of shoes, clothing, leather, harness, and wagons.^d

^dSee other acts relating to employment of Indians and purchase of goods made by them: Revised Statutes 2069, 2127; 1875, March 3, c. 132, s. 3, 5 (ante p. 24); 1877, March 3, c. 101 (ante p. 27); 1880, May 11, ch. 85 (ante p. 28); 1882, May 17, c. 163, 6 (ante p. 29); 1893, March 3, c. 209 (ante p. 66).

That hereafter the Commissioner of Indian Affairs is authorized to ^e advertise in the spring of each year for bids, and enter into contracts, subject to the approval of the Secretary of the Interior, for goods and supplies for the Indian service required for the ensuing fiscal year, notwithstanding the fact that the appropriations for such fiscal year have not been made,

^eSee notes reviewing laws in relation to advertisements appended to 1894, January 27, c. 22 (2 supp., R. S., 169.)

A similar provision, including the word “hereafter,” has been repeated annually in Indian appropriation acts. See 1891, March 3, c. 543 (26 Stat. 989); 1892, July 13, c. 164 (27 Stat., 144); 1893, March 3, c. 646 (27 Stat. L., 639).

and the contracts so made shall be on the basis of the appropriations for the preceding fiscal year

and shall contain a clause that no deliveries shall be made under the same and no liability attach to the United States in consequence of such execution if Congress fails to make an appropriation for such contract for the fiscal year for which those supplied are required.

^fThat the Commissioner of Indian Affairs shall report annually to Congress, specifically showing the number of employees at each agency, industrial, and boarding school, which are supported in whole or in part out of the appropriations in this Act, giving name, when employed, in what capacity employed, male or female, whether white or Indian, amount of compensation paid, and out of what item or fund of the appropriation paid.

^fThis section directs the Commissioner to report “annually,” this indicating a permanent provision; but the report is to be of schools “supported out of the appropriations in this Act,” apparently indicating a temporary provision for the single year. This is repeated from the previous appropriation acts of 1892 and 1893 (27 Stat. L., 145, 640).

Also the number of employees in the Indian Bureau in Washington, when employed, in what capacity employed, male or female, full name, amount of compensation paid and out of what fund paid, and under what law employed.

That in the Indian service Indians shall be employed as herders, teamsters, and laborers, and where practicable in all other employments in connection with the agencies and the Indian service.

And it shall be the duty of the Secretary of the Interior and the Commissioner of Indian Affairs to enforce this provision. * * * [August 15, 1894.]