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Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1913.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and they are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of paying the current and contingent expenses of the Indian Department, and in full compensation for all offices the salaries for which are specially provided for herein, for the service of the fiscal year ending June thirtieth, nineteen hundred and four, and for fulfilling treaty stipulations with various Indian tribes, namely:
Provided, That when it becomes necessary to make large per capita payments to Indians, the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, is hereby authorized to require any disbursing officer of the Indian Department to file a special bond in such amount as may be necessary to make such payment in one installment, the expenses incurred in procuring such special bond to be paid by the United States from this appropriation.
This amount to enable the President of the United States to pay the legal representatives of two deceased Kickapoo Indians, the settlement of whose estates is desired, under the provisions of section two of the act of August fourth, eighteen hundred and eighty-six, such sum as may be the proportion of the one hundred thousand dollars provided for said tribe for education and other beneficial purposes, per treaty of May eighteenth, eighteen hundred and fifty-four, not exceeding three hundred and thirty-seven dollars and eighty-three cents each, six hundred and seventy-five dollars and sixty-six cents; in all, four thousand and three dollars and thirty-eight cents.
For salaries of four commissioners appointed under acts of Congress approved March third, eighteen hundred and ninety-three, and March second, eighteen hundred and ninety-five, to negotiate with the Five Civilized Tribes in the Indian Territory, twenty thousand dollars: Provided, That said commission shall exercise all the powers heretofore conferred upon it by Congress.
In pursuance of the provisions of section twenty-six of an act to ratify and confirm an agreement with the Muscogee or Creek tribe of Indians, and for other purposes, approved March first, nineteen hundred and one, there is hereby awarded, as a final determination thereof, on the so-called “loyal Creek claims” named in said section twentysix, the sum of six hundred thousand dollars, and the same is hereby appropriated out of any money in the Treasury not otherwise appropriated, and made immediately available. And the Secretary of the Treasury is hereby authorized to pay, under the direction of the Secretary of the Interior, to the loyal Creek Indians and freedmen named in articles three and four of the treaty with the Creek Nation of Indians of June fourteenth, eighteen hundred and sixty-six, the said
sum of six hundred thousand dollars, to be paid to such Indians and freedmen only whose names appear on the list of awards made in their behalf by W. B. Hazen and F. A. Field, as commissioners on behalf of the United States to ascertain the losses of said Indians and freedmen as provided in said articles three and four; and such payments shall be made in proportion of the awards as set out in said list: Provided, That said sum shall be accepted by said Indians in full payment and satisfaction of all claim and demand growing out of said loyal Creek claims, and the payment thereof shall be a full release of the Government from any such claim or claims: Provided, however, That if any of said loyal Creek Indians or freedmen whose names are on said list of awards shall have died, then the amount or amounts due such deceased person or persons, respectively, shall be paid to their heirs or legal representatives: And provided further, That the Secretary of the Treasury be, and he is hereby, authorized and directed to first withhold from the amount herein appropriated and pay to S. W. Peel, of Bentonville, Arkansas, the attorney of said loyal Creeks and freedmen, a sum equal to ten per centum of the amount herein appropriated, as provided by written contracts between the said S. W. Peel and the claimants herein, the same to be payment in full for all legal and other services rendered by him, or those employed by him, and for all disbursements and other expenditures had by him in behalf of said claimants in pursuance of said contract. And further, said Secretary is authorized and directed to pay to David M. Hodge, a Creek Indian, of Tulsa, in the Creek Nation, a sum equal to five per centum of the amount herein appropriated, which payment shall be in full for all claims of every kind made by said David M. Hodge, or by those claiming under him, by reason of any engagement, agreement, or understanding had between him and said loyal Creek Indians.1
For personal and traveling expenses of the three judges of the Choctaw and Chickasaw citizenship court, five thousand dollars, or so much thereof as may be necessary; for one stenographer to each of said judges, to be appointed by them, respectively, at one hundred dollars per month each, three thousand six hundred dollars; for traveling expenses and subsistence of said stenographers, the reporter, and the bailiff of said court, not to exceed three dollars per day each, one thousand five hundred dollars, or so much thereof as may be necessary; in all, ten thousand one hundred dollars, to be immediately available.
The Supreme Court of the United States may transfer to the Choctaw and Chickasaw citizenship court the papers in the cases of Choctaw and Chickasaw citizenship appealed from the United States courts in the Indian Territory to the Supreme Court during the year eighteen hundred and ninety-eight.
That all causes transferred under section thirty-one of the act of Congress of July first, nineteen hundred and two, entitled “An act to ratify and confirm an agreement with the Choctaw and Chickasaw tribes of Indians, and for other purposes,” to the citizenship court for the Choctaw and Chickasaw nations provided in said act shall be tried and determined under the provisions of section thirty-two of said act and disposed of the same as if appealed to such court under the provisions of section thirty-two of the said act: Provided, That upon the final determination of cases within the jurisdiction of said citizenship court said court may fix reasonable compensation to the attorneys employed by contract dated January seventeenth, nineteen hundred and one, with the Choctaw and Chickasaw Nations and such determinations shall be made irrespective of the rate fixed in said contract between said attorneys and said nations, or either of them, unless the same shall have received the approval of the Secretary of the Interior. And upon the final determination of said cases by said citizenship court the Treasurer of the United States is hereby directed to pay to said
attorneys on the warrant or warrants drawn by the Secretary of the Interior the amount of such compensation out of any funds in the Treasury belonging to said nations. And the existence of the Choctaw and Chickasaw citizenship court is hereby extended until December thirty-first, nineteen hundred and four.
To pay all expenses incident to the survey , platting, and appraisement of town sites in the Choctaw, Chickasaw, Creek, and Cherokee nations, Indian Territory, as required by sections fifteen and twentynine of an act entitled “An act for the protection of the people of the Indian Territory, and for other purposes,” approved June twentyeighth, eighteen hundred and ninety-eight, and all acts amendatory thereof or supplemental thereto, twenty-five thousand dollars: Provided, That the money hereby appropriated shall be applied only to the expenses incident to the survey, platting, and appraisement of town sites heretofore set aside and reserved from allotment: And provided further, That nothing herein contained shall prevent the survey and platting, at their own expense, of town sites by private parties where stations are located along the lines of railroads, nor the unrestricted alienation of lands for such purposes, when recommended by the Commission to the Five Civilized Tribes and approved by the Secretary of the Interior.1 That hereafter the Secretary of the Interior may, whenever the chief execuitve of the Choctaw or Chickasaw nations fails or refuses to appoint a town-site commissioner for any town, or to fill any vacancy caused by the neglect or refusal of the town-site commissioner appointed by the chief executive of the Choctaw or Chickasaw nations to qualify or act, in his discretion, appoint a commissioner to fill the vacancy thus created.
Section sixty-eight of the act of Congress entitled “An act to provide for the allotment of the lands of the Cherokee Nation, for the disposition of town sites therein, and for other purposes,” approved July first, nineteen hundred and two, shall be so construed as to give the Eastern Cherokees, so called, including those in the Cherokee Nation and those who remained east of the Mississippi River, acting together or as two bodies, as they may be advised, the status of a band or bands, as the case may be, for all the purposes of said section: Provided, That the prosecution of such suit on the part of the Eastern Cherokees shall be through attorneys employed by their proper authorities, their compensation for expenses and services rendered in relation to such claim to be fixed by the Court of Claims upon the termination of such suit; and said section shall be further so construed as to require that both the Cherokee Nation and said Eastern Cherokees, so called, shall be made parties to any suit which may be instituted against the United States under said section upon the claim mentioned in House of Representatives Executive Document Numbered Three hundred and nine of the second session of the Fifty-seventh Congress; and if said claim shall be sustained in whole or in part the Court of Claims, subject to the right of appeal named in said section, shall be authorized to render a judgment in favor of the rightful claimant, and also to determine as between the different claimants, to whom the judgment so rendered, equitably belongs either wholly or in part, and shall be required to determine whether, for the purpose of participating in said claim, the Cherokee Indians who remained east of the Mississippi River constitute a part of the Cherokee Nation, or of the Eastern cherokees, so called, as the case may be.2
To enable the President to cause, under the provisions of the act of February eighth, eighteen hundred and eighty-seven, entitled “An act to provide for the allotment of lands in severalty to Indians,” and so
forth, such Indian reservations as in his judgment are advantageous for agricultural and grazing purposes to be surveyed or resurveyed, for the purposes of said act, and to complete the allotment of the same, including the necessary clerical work incident thereto in the field, and delivery of trust patents, so far as allotments shall have been selected under said act, forty thousand two hundred dollars. That the sum of twenty thousand dollars, or so much thereof as is necessary, is hereby appropriated, to be immediately available, for the purpose of aiding indigent and identified full-blood Mississippi Choctaws to remove to the Indian Territory, to be expended at the discretion and under the direction of the Secretary of the Interior.
For construction of ditches and reservoirs, purchase and use of irrigating tools and appliances, and purchase of water rights on Indian reservations, in the discretion of the Secretary of the Interior and subject to his control, one hundred and fifty thousand dollars: Provided, That the Secretary of the Interior may employ such number of superintendents of irrigation, who shall be skilled irrigation engineers, not to exceed four, as in his judgment may be necessary to secure the construction of ditches and other irrigation works in a substantial and workmanlike manner.
For survey and subdivision of Indian reservations and of lands to be allotted to Indians, and to make allotments in severalty, to be expended by the Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, twenty thousand dollars.
For survey of lands within the Pine Ridge and Standing Rock Indian reservations, South Dakota, and for examination in the field of surveys, the sum of seventeen thousand dollars, to be immediately available, and for clerical work and stationery in the office of the surveyorgeneral required on surveys within the Pine Ridge and Standing Rock Indian reservations, South Dakota, the sum of three thousand two hundred dollars; in all, the sum of twenty thousand two hundred dollars.
For compensation of the commissioner authorized by the Indian appropriation act approved June seventh, eighteen hundred and ninety-seven, to superinted the sale of land, and so forth, of the Puyallup Indian Reservation, Washington, who shall continue the work as therein provided, two thousand dollars.
That the principal chief of the Quapaw tribe, with the consent of the tribal council, may sell the surplus tract of one hundred and sixty acres of Quapaw land heretofore set apart for school purposes, and the Secretary of the Interior is directed to pay out the proceeds of such sale, per capita, to the Quapaw people: Provided, That the money hereinbefore appropriated “for education” per third article of the Quapaw treaty of May thirteenth, eighteen hundred and thirty-three, and the unexpended balance of the same heretofore appropriated, not to exceed two thousand dollars, shall be paid to the treasurer of the Quapaw tribe or nation, and expended by him, under the direction of the Quapaw Council, for educational purposes only.
To enable the Secretary of the Interior to do the necessary surveying and otherwise carry out the purpose of so much of the act of May twenty-seventh, nineteen hundred and two, making appropriation for the current and contingent expenses of the Indian Department for the fiscal year nineteen hundred and three, and for other purposes, as provides for the allotment of the Indians of the Walker River Reservation in Nevada, and the Uintah and White River Utes in Utah, and the joint resolution of June nineteenth, nineteen hundred and two, providing for the allotment of the Indians of Spokane Reservation in Washington, to be immediately available, one hundred and seventy-
five thousand dollars: Provided, however, That the Secretary of the Interior shall forthwith send an inspector to obtain the consent of the Uintah and White River Ute Indians to an allotment of their lands as directed by the act of May twenty-seventh, nineteen hundred and two, and if their consent, as therein provided, can not be obtained by June first, nineteen hundred and three, then the Secretary of the Interior shall cause to be allotted to each of said Uintah and White River Ute Indians the quantity and character of land named and described in said act: And provided further, That the grazing lands to be set apart for the use of the Uintah, White River Utes, and other Indians, as provided by public resolution numbered thirtyone, of June nineteenth, nineteen hundred and two, be confined to the lands south of the Strawberry River on said Uintah Reservation, and shall not exceed two hundred and fifty thousand acres: And provided further, That the time for opening the unallotted lands to public entry on said Uintah Reservation, as provided by the act of May twentyseventh, nineteen hundred and two, be, and the same is hereby, extended to October first, nineteen hundred and four.
That in the lands within the former Uncompahgre Indian Reservation, in the State of Utah, containing gilsonite, asphaltum, elaterite, or other like substances, which were reserved from location and entry by provision in the act of Congress entitled “An act making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes, for the fiscal year ending June thirtieth, eighteen hundred and ninety-eight, and for other purposes,” approved June seventh, eighteen hundred and ninety-seven, all discoveries and locations of any such mineral lands by qualified persons prior to January first, eighteen hundred and ninety-one, not previously discovered and located, who recorded notices of such discoveries and locations prior to January first, eighteen hundred and ninety-one, either in the State of Colorado, or in the office of the county recorder of Uintah County, Utah, shall have all the force and effect accorded by law to locations of mining claims upon the public domain. All such locations may hereafter be perfected, and patents shall be issued therefor upon compliance with the requirements of the mineral land laws, provided that the owners of such locations shall relocate their respective claims and record the same in the office of the country recorder of Uintah County, Utah, within ninety days after the passage of this act. All locations of any such mineral lands made and recorded on or subsequent to January first, eighteen hundred and ninety-one, are hereby declared to be null and void; and the remainder of the lands heretofore reserved as aforesaid because of the mineral substances contained in them, in so far as the same may be within even numbered sections, shall be sold and disposed of in tracts not exceeding forty acres, or a quarter of a quarter of a section, in such manner and upon such terms and with such restrictions as may be prescribed in a proclamation of the President of the United States issued for that purpose not less than one hundred and twenty days after the passage of this act, and not less than ninety days before the time of sale or disposal, and the balance of said lands and also all the mineral therein are hereby specifically reserved for future action of Congress.
That the Secretary of the Interior be, and he is hereby, directed to negotiate with the Weeminuchi Ute tribe of Indians for the relinquishment of their right of occupancy to the United States to the tract of land known as the Mesa Verde—a part of the reservation of said tribe—situate in the county of Montezuma, in the State of Colorado; the said tract to include and cover the ruins and prehistoric remains situate therein. And the Secretary of the Interior shall report to the next session of Congress the terms and conditions upon
which the said tribe of Indians will relinquish to the United States their right of occupancy to said tract of land.
To maintain at the city of Omaha, Nebraska, in the discretion of the Secretary of the Interior, a warehouse for the receipt, storage, and shipping of goods for the Indian Service, ten thousand dollars.
To maintain at the city of Saint Louis, Missouri, in the discretion of the Secretary of the Interior, a warehouse for the receipt, storage, and shipping of goods for the Indian Service, ten thousand dollars.
To enable the President to cause to be allotted, under the provisions of the act of March second, eighteen hundred and eighty-nine, entitled “An act to divide a portion of the reservation of the Sioux Nation of Indians in Dakota into separate reservations and to secure the relinquishment of the Indian title to the remainder, and for other purpose,” the lands in said separate reservations as provided in said act, including the necessary resurveys, ten thousand dollars.
For the equipment and maintenance of the asylum for insane Indians at Canton, South Dakota, for incidental and all other expenses necessary for its proper conduct and management, including pay of employees, and for necessary expense of transporting insane Indians to and from said asylum, twenty-five thousand dollars.
For pay of one special attorney for the Pueblo Indians of New Mexico, one thousand five hundred dollars, and for necessary traveling and incidental expenses of one special attorney for the Pueblo Indians of New Mexico, five hundred dollars; in all, two thousand dollars.
That any part of the one hundred thousand dollars for the removal and support of the Mission Indians in California, appropriated by the act of May twenty-seventh, nineteen hundred and two, making appropriations for the Indian Service for the fiscal year nineteen hundred and three, not needed for the purposes specified in that act, may, in the discretion of the Secretary of the Interior, be used for the purchase of other tracts of land in California upon which to locate said Mission Indians and for the removal of such Indians to such purchased tract or tracts of land, and for acquiring, distributing, and developing water for the use of such Indians, and for the purchase of such building materials, agricultural implements, harness, wagons and horses, subsistence supplies, and other necessaries as may be required to properly establish such Indians in their new locations.
That the Secretary of the Interior is authorized to use three hundred and fifty dollars of the one hundred thousand dollars appropriated for the removal and support of the Mission Indians in California by the act of May twenty-seventh, nineteen hundred and two, making appropriations for the current and contingent expenses of the Indian Department for the fiscal year nineteen hundred and three, to pay the expenses incurred by the commission created by said act, this being in addition to any other sums authorized for that purpose.
That the sum of two thousand nine hundred and eighteen dollars and five cents, or so much thereof as may be necessary, is hereby appropriated, out of any moneys in the Treasury of the United States not otherwise appropriated, to be paid to the American Surety Company of New York, a corporation duly organized and existing under and by virtue of the laws of the State of New York for the purpose of giving bonds and undertakings required by law, to indemnify said company in the amount or amounts it may actually be required to disburse or expend by the final decree of the proper court, under two separate undertakings on appeal, as damages and costs assessed against and for the value of the use and occupation of real property occupied by the defendants, who are Mission Indians of California, in the suits entitled J. Downey Harvey, administrator, and others, versus Allejandro Barker and others, and J. Downey Harvey, administrator, and others,
versus Jose Quevas and others, which suits were appealed from the decision of the superior court of the country of San Diego, State of California, to the supreme court of California, and to the Supreme Court of the United States, by direction of the Attorney General of the United States, being cases numbered two hundred and nine and two hundred and ten, respectively, in the October term, nineteen hundred, of the latter court; also to include costs in any suit that may be pending or that may hereafter be instituted to determine the liability under such undertakings: Provided, That no payment shall be made hereunder until proper vouchers evidencing the expenditures by said company under said undertakings shall have been presented to and approved by the Secretary of the Interior: Provided further, That if it shall be shown to the satisfaction of the Secretary of the Interior that said American Surety Company has been reimbursed or indemnified, then the money hereby appropriated, or so much thereof as may be necessary, shall be paid, in whole or in part, to the persons who have reimbursed or indemnified the said company, as the interests of such persons may appear.
To pay the persons who compiled and indexed the two volumes of the treaties, laws, Executive orders, and so forth, relating to Indian affairs, under Senate resolution of May twentieth, nineteen hundred and two, five thousand dollars of which said sum so much as may be necessary, may be expended as additional pay or compensation to any officer or employee of the United States, to be immediately available, and to be paid only upon vouchers signed by the chairman of the Committee on Indian Affairs of the Senate.
For the purpose of compromising, settling and finally disposing of the case of the United States against William H. Thomas and others, which suit was begun in equity and has been prosecuted in the circuit court of the United States for the western district of North Carolina for the benefit of the Eastern Band of Cherokee Indians of North Carolina, the sum of four thousand dollars, to be paid to the said band of Indians by and under the direction of the Attorney General of the United States whenever, in his judgment, such payment will operate to secure a complete settlement of all matters pertaining to such litigation.
For the payment of settlers within the boundaries of the Northern Cheyenne Indian Reservation, Montana, for improvements upon certain lands situated therein, two thousand nine hundred and sixty-five dollars: Provided, That the Secretary of the Interior shall and does, in his discretion, ratify and approve, under the provisions of section ten of the Indian appropriation act, approved July first, eighteen hundred and ninety-eight (Thirtieth Statutes, pages five hundred and ninety-six and five hundred and ninety-seven), the agreement entered into thereunder by United States Inspector James McLaughlin with the settlers included within the boundaries of said reservation, submitted by him to the Secretary of the Interior with his report, dated January sixteenth, nineteen hundred and one, and shall find, after investigation, that the improvements of said settlers remain intact and in good condition: And provided further, That the settlers shall remove immediately from the reservation upon the payment of the sums, according to their respective agreements, as ratified and approved by the Secretary of the Interior. And any private lands occupied by actual settlers over which an Indian reservation has been or may be extended by Executive order may be exchanged, at the discretion of the Secretary of the Interior, and at the expense of the owner thereof, under such rules and regulations as may be prescribed by the Secretary of the Interior, for vacant, nonmineral, nontimbered, surveyed public lands of like area and value, and situated in the same State or Territory.
To pay S. W. Campbell, Indian agent at the La Pointe Agency, Wisconsin, the sum of one hundred dollars, advanced by him as attorney's fees, and the further sum of one hundred and eleven dollars and ninety-one cents, paid by him as interest on money borrowed to pay employees of the agency, both at the request of the Interior Department; in all, two hundred and eleven dollars and ninety-one cents.
To pay Reuben Perry, superintendent of the Lac du Flambeau Boarding School, Wisconsin, the sum of fifty-seven dollars and ninety cents, paid by him for attorney’s fees in defending suit in the circuit court of Oneida County, Wisconsin, by direction of the Secretary of the Interior, fifty-seven dollars and ninety cents.
For payment to Huff Jones, of Oconto, Wisconsin, his heirs or legal representatives, the sum of one thousand two hundred and twenty-six dollars and thirty-nine cents, in full for money expended under an agreement with William T. Richardson, United States Indian agent at Green Bay, Wisconsin, in November, eighteen hundred and seventy-two, for shanties, stables, roads, and supply road constructed by him upon such Indian reservation.
For payment to Peter La Blanc, a Sisseton Indian, who served in the Army of the United States during the war of the rebellion, the sum of one thousand four hundred and ninety-eight dollars and sixty-nine cents, being the aggregate amount which was paid each of the Sisseton, Wahpeton, Medawakanton, and Wahpakoota scouts and soldiers not parties to the agreement between the United States and the Sisseton and Wahpeton bands of Dakota and Sioux Indians on the twelfth day of September, eighteen hundred and eighty-nine, of the amounts appropriated by Congress by the acts of March third, eighteen hundred and ninety-one, March third, eighteen hundred and ninety-three, and March second, eighteen hundred and ninety-five, which amount he did not receive by reason of his name being omitted from the rolls.
To reimburse William G. Malin, Indian agent for the Sac and Fox tribe of Indians in Iowa, for certain expenses (court costs, sheriffs’s; and attorneys’ fees) paid by him in obtaining the appointment of guardians for Indian minors by the district court of Tama County, Iowa, one hundred and ninety dollars and forty-eight cents, to be immediately available.
That the Secretary of the Treasury is hereby authorized and directed to pay to Joseph H. Lee, senior, of Tuba, Arizona, the sum of three thousand seven hundred dollars for his property purchased within the external boundaries of the Navajo Indian Reservation, instead of to Ernest A. Lee, as provided by the Indian appropriation act approved May twenty-seventh, nineteen hundred and two: Provided, That said sum shall only be paid upon the presentation of a general release executed by said Ernest A. Lee, or his legal representatives.
That the Secretary of the Interior be, and is hereby, authorized to sell, in such manner as he may deem best, for cash, the three hundred and nineteen and seventy-two one-hundredths acres, the west half of section three, township eleven north, range two east of the Indian meridian, reserved for agency and school purposes by article two of the agreement of June twenty-first, eighteen hundred and ninety-one, ratified and confirmed by act of Congress approved March third, eighteen hundred and ninety-three (Twenty-seventh Statutes, page five hundred and fifty-seven), the proceeds of the sale of said tract of land to be applied and used for enlarging the school plant of the Absentee Shawnee Indian Industrial Training School, Oklahoma, so as to provide school facilities for such children of the Mexican Kickapoo, Absentee Shawnee, and Citizen Band of Pottawatomie Indians as
are at present, or may hereafter be, without such Government educational advantages.
Whenever the Secretary of the Interior shall determine the same to be necessary for the purposes intended, the city of Lawton, in the Territory of Oklahoma, is hereby authorized and permitted, upon such conditions as the Secretary of the Interior may prescribe, to erect, maintain, and operate on section twenty-nine, township two north, range eleven west, in said Territory, and within the limits of the reservation created for the Fort Still Boarding School, a pumping station, collecting gallery, reservoir, and such other appurtenant and necessary structures and pipe lines as may be required to furnish said city with a sufficient water supply.
For collection and transportation of pupils to and from Indian schools, and also for the transportation of Indian pupils from all the Indian schools and placing of them, with the consent of their parents, under the care and control of such suitable white families as may in all respects be qualified to give such pupils moral, industrial, and educational training, under arrangements in which their proper care, support, and education shall be in exchange for their labor, sixty thousand dollars.
That all expenditures of money appropriated for school purposes in this act shall be at all times under the supervision and direction of the Commissioner of Indian Affairs, and in all respects in conformity with such conditions, rules, and regulations as to the conduct and methods of instruction and expenditure of money as may be from time to time prescribed by him, subject to the supervision of the Secretary of the Interior: Provided,That not more than one hundred and sixty-seven dollars shall be expended for the annual support and education of any one pupil in any school herein specifically provided for, except when, by reason of epidemic, accident, or other sufficient cause the attendance is so reduced that a larger expenditure is absolutely necessary for the efficient operation of the school affected, when the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, may allow a larger per capita expenditure, such expenditure to continue only so long as the said necessity therefore shall exist: Provided further, That the total amount appropriated for the support of such school shall not be exceeded: Provided further, That the number of pupils in any school entitled to the per capita allowance hereby provided for shall be determined by taking the average enrollment for the entire fiscal year and not any fractional part thereof: Provided also, That in preparing implements and room for laundry work, in all Indian schools, arrangements shall be made for doing by hand such an amount of said work as may be sufficient to teach the female pupils the art of hand laundry work.
That no purchase of supplies for which appropriations are herein made, exceeding in the aggregate five hundred dollars in value at any one time, shall be made without first giving at least three weeks’ public notice by advertisement, except in case of exigency, when, in the discretion of the Secretary of the Interior, who shall make official record of the facts constituting the exigency, and shall report the same to Congress at its next session, he may direct that purchases may be made in open market in amount not exceeding three thousand dollars at any one purchase: Provided, That supplies may be purchased, contracts let, and labor employed for the construction of artesian wells, ditches, and other works for irrigation, in the discretion of the Secretary of the Interior, without advertising as herein before
provided: Provided further, That the Commissioner of Indian Affairs may, in his discretion, pay any field matron, on account of meritorious services, an addition of ten dollars per month to the fifty dollars as provided for in this act: And provided further, That as far as practicable Indian labor shall be employed and purchase in the open market made from Indians, under the direction of the Secretary of the Interior.
That the Secretary of the Interior, under the direction of the President, may use any surplus that may remain in any of the said appropriations herein made for the purchase of subsistence for the several Indian tribes, to an amount not exceeding twenty-five thousand dollars in the aggregate, to supply any subsistence deficiency that may occur: Provided, That any diversions which shall be made under authority of this section shall be reported in detail, and the reason therefor, to Congress, at the session of Congress next succeeding such diversion: Provided further, That the Secretary of the Interior, under direction of the President, may use any sums appropriated in this act for subsistence, and not absolutely necessary for that purpose, for the purchase of stock cattle for the benefit of the tribe for which such appropriation is made, and shall report to Congress, at its next session thereafter, an account of his action under this provision: Provided further, That funds appropriated to fulfill treaty obligations shall not be used.
That when not required for the purpose for which appropriated, the funds herein provided for the pay of specified employees at any agency may be used by the Secretary of the Interior for the pay of other employees at such agency, but no deficiency shall be thereby created; and, when necessary, specified employees may be detailed for other service when not required for the duty for which they were engaged; and that the several appropriations herein or heretofore made for millers, blacksmiths, engineers, carpenters, physicians, and other persons, and for various articles provided for by treaty stipulation for the several Indian tribes, may be diverted to other uses for the benefit of said tribes, respectively, within the discretion of the President, and with the consent of said tribes, expressed in the usual manner; and that he cause report to be made to Congress, at its next session thereafter, of his action under this provision.
That whenever, after advertising for bids for supplies in accordance with sections three and four of this act, those received for any article contains conditions detrimental to the interests of the Government, they may be rejected, and the articles specified in such bids purchased in open market, at prices not to exceed those of the lowest bidder, and not to exceed the market price of the same until such time as satisfactory bids can be obtained, for which immediate advertisement shall be made: Provided, That so much of the appropriations herein made as may be required to pay for goods and supplies, for expenses incident to their purchase, and for transportation of the same, for the year ending June thirtieth, nineteen hundred and four, shall be immediately available, but so such goods or supplies shall be distributed or delivered to any of said Indians prior to July first, nineteen hundred and three.
That the Commissioner of Indian Affairs shall report annuaily 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, and whether, in the opinion of such Commissioner, any of such employees are unnecessary.
That section five of the act approved February twentyeighth, eighteen hundred and ninety-nine, entitled “An act providing for the sale of the surplus lands on the Pottawatomie and Kickapoo Indian reservations in Kansas, and for other purposes,” be, and the same is hereby, amended so as to read as follows:
“SEC. 5.
That before any of the surplus lands belonging to either of said tribes of Indians shall be sold under the provisions of this act there shall be allotted by the Secretary of the Interior eighty acres to each absentee of either of said tribes, and also to each of the children of members of the respective tribes born since the allotments heretofore made were closed and to whom allotments have never been made, but all allotments shall be made and accepted subject to existing leases: Provided, That in making these allotments the said Pottawatomie children and absentees shall be restricted to the Pottawatomie lands and the Kickapoo children and absentees to the Kickapoo lands: Provided further, That in case there are not sufficient surplus lands belonging to either tribe to allot lands to each child and absentee in quantity as above provided, said surplus lands shall be allotted to each of said children and absentees pro rata, as near as may be, according to legal subdivisions: Provided further, That this paragraph relating to allotments may be adopted or rejected by either tribe separate and apart from and without affecting the other provisions of this act.”
That the tribal government of the Seminole Nation shall not continue longer than March fourth, nineteen hundred and six: Provided, That the Secretary of the Interior shall at the proper time furnish the principal chief with blank deeds necessary for all conveyances mentioned in the agreement with the Seminole Nation contained in the act of July first, eighteen hundred and ninety-eight (Thirtieth Statutes, page five hundred and sixty-seven), and said principal chief shall execute and deliver said deeds to the Indian allottees as required by said act, and the deeds for allotment, when duly executed and approved, shall be recorded in the office of the Dawes Commission prior to delivery and without expense to the allottee until further legislation by Congress, and such records shall have like effect as other public records: Provided further, That the homestead referred to in said act shall be inalienable during the lifetime of the allottee, not exceeding twenty-one years from the date of the deed for the allotment. A separate deed shall be issued for said homestead, and during the time the same is held by the allottee it shall not be liable for any debt contracted by the owner thereof. 1
That the Secretary of the Interior be, and he is hereby,. authorized and directed to issue a fee simple patent to Harriet Aungie, a Yankton Indian, for the lands heretofore allotted to her in South Dakota, to wit: The southeast quarter and the southwest quarter of section thirty, township ninety-five north, range sixty-three west of the fifth principal meridian, and all restrictions as to the sale, incumbrance, or taxation of said lands are hereby removed.
That the Secretary of the Interior be, and he is hereby, authorized and directed to issue a patent in fee to Lawrence Johnson, a citizen Pottawatomie allottee, for the lands heretofore allotted to him in Oklahoma, to wit: The north half of thenortheast quarter of section twentyseven, township ten north, range three east of the Indian meridian, and all restrictions as to the sale, incumbrance, or taxation of said lands are hereby removed.
That Tah ko we ah, Kiowa allottee numbered six hundred and eighteen, and Kome ta me ah, Kiowa allottee numbered six hundred and twenty-one, to whom trust patents have been issued containing restrictions upon alienation, may each sell and convey not exceeding one-half
of her allotment, but such conveyance shall be subject to the approval of the Secretary of the Interior, and when so approved shall convey a full title to the purchaser, the same as if a final patent without restriction had been issued to the allottee.
That the Secretary of the Interior be, and he hereby is, authorized and directed to issue patents in fee, severally, to John Nestell, William F. Dietrich, Mabel R. Given, William E. Pedrick, Thomas F. Woodard, George W. Conover, Ben. Roache, Rudolph Fisher (whose Indian name is Asewaynah), Louis Bentz, and Emmet Cox, members of the Kiowa, Comanche, and Apache tribes of Indians, for the lands heretofore allotted to them, respectively, in the Territory of Oklahoma, and all restrictions as to the sale, incumbrance, or taxation of said lands are hereby removed.
That the Secretary of the Interior be, and he is hereby, authorized and directed to issue patents in fee, severally, to No-wa-hi, Darwin Hayes, Red Plume and Shoe, Cheyenne and Arapahoe Indians, for not to exceed eighty acres of the one hundred and sixty acres of land heretofore allotted to them, respectively, in the Territory of Oklahoma, and all restrictions as to the sale, incumbrance, or taxation of said land are hereby removed.
That the Secretary of the Interior be, and he is hereby, authorized and directed to issue a fee-simple patent to Samuel Townsend, a Pawnee Indian, for the following portion of the lands heretofore allotted to him in the Territory of Oklahoma, to wit, the south one-half of the northeast quarter of section two, in township twenty-three north, of range five east of the Indian meridian, and all restrictions as to the sale, incumbrance, or taxation of said lands are hereby removed.
That that portion of the act of Congress approved March third, nineteen hundred and one (Thirty-first Statutes, page one thousand and sixty-five), entitled “An act making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June thirtieth, nineteen hundred and two, and for other purposes,” which reads as follows: “That on and after July first, nineteen hundred and one, any person desiring to trade with the Indians on said reservation shall, upon establishing the fact to the satisfaction of the Commissioner of Indian Affairs that he is a proper person to engage in such trade, be permitted to do so under such rules and regulations as the Commissioner of Indian Affairs may prescribe for the protection of said Indians,” is hereby amended and extended so as to apply to all Indian reservations.1
“That the Secretary of the Interior is hereby authorized to sell, subject to the homestead laws of the United States, to the highest bidder at public auction, in tracts not to exceed one hundred and sixty acres to each individual, all that part of the Red Lake Indian Reservation in the State of Minnesota lying westerly of the range line between ranges thirty-eight and thirty-nine west of the fifth principal meridian, approximating two hundred and fifty-six thousand acres. And the land shall be sold for not less than four dollars per acre and shall be sold upon the following terms: a test One-fifth of the price bid therefor to be paid at the time the bid is made, and the balance of the purchase price of said land to be paid in five equal annual installments, payment to be made to the receiver of the United States land office for the district in which said land may be situated. And in case any purchaser fails to make such annual payment when due, or within sixty days thereafter, all rights in and to the land covered by his or her purchase shall at once cease, and any payments made shall thereupon be forfeited, and the Secretary of the Interior shall thereupon declare such forfeiture by reoffering such land for sale. And no title to said land shall inure to the purchaser, nor any patent issued to the pur-
chaser, until the purchaser or his or her heirs shall have resided upon, improved, and cultivated said land for the full term of five years, without any commutation of time, and shall have in all respects complied with the terms and provisions of the homestead laws of the United States: Provided, That such purchaser shall make his final proof conformable to the homestead laws within six years from the date of the sale; that aliens who have declared their intention to become citizens of the United States may become purchasers under this act, but before making final proof and acquiring title must take out their full naturalization papers: Provided, That in consideration of the benefits to be derived by said Indians from the acceptance of this agreement they expressly grant to the State of Minnesota for school purposes sections sixteen and thirty-six of each township.
“All of the Indians residing upon the tract above described shall remove therefrom to the diminished Red Lake Reservation within six months after the ratification of this act; and there is hereby appropriated from the proceeds of said sale the sum of twenty thousand dollars, or so much thereof as may be necessary, to be paid to those thus removing in proportion to their respective improvements, which payment to said Red Lake Indians shall be in full of all improvements which they will abandon, and also for the removal within the diminished reservation of their dead from where they are now buried on the tract above described. The proceeds of said lands, as realized from time to time, shall be paid into the United States Treasury to the credit of the Indians belonging on said Red Lake Reservation.
“Of the amount realized from the sale of said lands the sum of three hundred thousand dollars shall be paid in cash, per capita, share and share alike, to each man, woman, and child belonging on said Red Lake Indian Reservation within ninety days after the sale herein provided for and the receipt by the United States of said sum from said sales, and the remainder of the proceeds of the sale of said lands shall be paid in cash, per capita, in fifteen annual installments, the first installment to be paid in the month of October of the year following that in which the payment of the three hundred thousand dollars is made.
“In consideration of the Indians hereinafter referred to ratifying this act, the said Indians shall possess their diminished reservation independent of all other bands of Chippewa Indians, and shall be entitled to allotments thereon of one hundred and sixty acres each of either agricultural or pine land, the different classes of land to be appropriated as equitably as possible among the allottees. And nothing in this act or its acceptance by said Indians shall be construed to deprive the said Indians of any benefits to which they are entitled under existing treaties or agreements not inconsistent with the provisions of this act.
“The Secretary of the Interior is hereby vested with full power and authority to make such rules and regulations as to the time of notice, manner of sale, and other matters incident to the carrying out of the provisions of this act as he may deem necessary, and with authority to continue making sales of said land until all of said land shall have been sold. The register and receiver shall receive the usual fees for making final proof under this act.
“Provided, That nothing in this section contained shall in any manner bind the United States to purchase any portion of the land herein described, or to dispose of said land except as provided herein; or to guarantee to find purchasers for said lands or any portion thereof, it being the intention of this act that the United States shall act as trustee for said Indians to dispose of said lands and to expend and pay over the proceeds received from the sale thereof only as received, as herein provided.
“This act shall take effect and be in force from and after its ratification by the Red Lake and Pembina Bands of Chippewa Indians belonging on the Red Lake Indian Reservation, in the State of Minnesota, a majority of the male adults of said Indians assenting thereto, and the evidence thereof to be made by the proclamation of the President to the effect that this act has been duly ratified. And the Secretary of the Interior is hereby directed to submit this act to said Indians for ratification as early as is practicable.”
That any one or more of the registers and receivers of the United States land offices in the State of Kansas upon whom was imposed the responsibility of making sale and disposal of the Osage ceded, Osage trust, and Osage diminished reserve land, in said State, under the treaty of September twenty-ninth, eighteen hundred and sixty-five, between the United States and the Osage Indians, and the acts of Congress for carrying said treaty into effect, may bring suit in the Court of Claims against the Osage Nation and the United States to determine the claim of the plaintiff or plaintiffs for commissions or compensation for the sale of said lands or any service or duty connected therewith. And the said court shall have jurisdiction to hear and determine said cause and to render judgment thereon on the merits; and the Attorney General shall appear on behalf of the United States and the Osage Nation, and either party feeling aggrieved at the decision of the Court of Claims may appeal to the Supreme Court of the United States, and the final judgment in such case shall determine the rights of all such registers and receivers similarly situated. Said Osage Nation may also appear in said suit by an attorney employed with the authority of said nation. The Court of Claims shall have full authority, by proper orders and process, to make parties to any such suit all persons whose presence in the litigation it may deem necessary or proper to the final determination of the matter in controversy.
Approved, March 3, 1903.
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