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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, for fulfilling treaty stipulations with various Indian tribes, 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 seven, namely:
Mission schools on an Indian reservation may, under rules and regulations prescribed by the Commissioner of Indian Affairs, receive for such Indian children duly enrolled therein, the rations of food and clothing to which said children would be entitled under treaty stipulations if such children were living with their parents.
That prior to the expiration of the trust period of any Indian allottee to whom a trust or other patent containing restrictions upon alienation has been or shall be issued under any law or treaty the President may in his discretion continue such restrictions on alienation for such period as he may deem best: Provided, however, That this shall not apply to lands in the Indian Territory.
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 purchases: 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 hereinbefore provided: Provided further, That as far as practicable Indian labor shall be employed and purchases 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 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 to Congress with the reason therefor in detail, 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 so used: Provided further, That in lieu of the milch cows, mares, and implements to be issued to Sioux allottees under the provisions of section seventeen of the “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 purposes,” approved March second, eighteen hundred and eighty-nine, the Secretary of the Interior may, in his discretion, issue to any allottee entitled to benefits under said section who shall petition therefor an equal value in good stock cattle.
That the homestead settlers on all ceded Indian reservations in Minnesota who purchased the lands occupied by them as homesteads be, and they hereby are, granted an extension of one year’s time in which to make the payments now provided by law.
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 the provisions of this act those received for any article contain 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 seven, shall be immediately available, but no such goods or supplies shall be distributed or delivered to any of said Indians prior to July first, nineteen hundred and six.
That the act entitled “An act to provide for the allotment of lands in severalty to Indians on the various reservations, and to extend the protection of the laws of the United States and the Territories over the Indians, and for other purposes,” approved February eighth, eighteen hundred and eighty-seven, be, and is hereby, amended by adding the following:
No lands acquired under the provisions of this act shall, in any event, become liable to the satisfaction of any debt contracted prior to the issuing of the final patent in fee therefor.
That no money accruing from any lease or sale of lands held in trust by the United States for any Indian shall become liable for the payment of any debt of, or claim against, such Indian contracted or arising during such trust period, or, in case of a minor, during his minority, except with the approval and consent of the Secretary of the Interior.
That the shares of money due minor Indians as their proportion of the proceeds from the sale of ceded or tribal Indian lands, whenever such shares have been, or shall hereafter be, withheld from their parents, legal guardians, or others, and retained in the United States Treasury by direction of the Secretary of the Interior, shall draw interest at the rate of three per centum per annum, unless otherwise provided for, from the period when such proceeds have been or shall be distributed per capita among the members of the tribe of which such minor is a member; and the Secretary of the Treasury is hereby authorized and directed to allow interest on such unpaid amounts belonging to said minors as shall be certified by the Secretary of the Interior as entitled to draw interest under this act.
That any Indian allotted lands under any law or treaty without the power of alienation, and within a reclamation project approved by the Secretary of the Interior, may sell and convey any part thereof, under rules and regulations prescribed by the Secretary of the Interior, but such conveyance shall be subject to his approval, and when so approved shall convey full title to the purchaser the same as if final patent without restrictions had been issued to the allottee: Provided, That the consideration shall be placed in the Treasury of the United States, and used by the Commissioner of Indian Affairs to pay the construction charges that may be assessed against the unsold part of the allotment, and to pay the maintenance charges thereon during the trust period, and any surplus shall be a benefit running with the water right to be paid to the holder thereof.1
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 Commissioner of Indian Affairs, under the direction of the Secretary of the Interior and subject to his control, one hundred and fifty-five thousand dollars, of which twenty-five thousand dollars shall be made immediately available: Provided, That the Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, may employ 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 workman-like 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, fifteen thousand dollars.
That the Commissioner of Indian Affairs, under the supervision of the Secretary of the Interior, is hereby authorized to investigate and report to Congress upon the desirability of establishing a sanitarium for the treatment of such Indians as are afflicted with tuberculosis, and to report upon a location and the cost thereof, and also upon the feasibility of utilizing some present Government institution therefor; said report to include, as far as possible, the extent of the prevalence of tuberculosis among Indians.
The Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, is hereby authorized and directed to select and designate some one of the schools or other institution herein specifically provided for as an “Indian Reform School,” and to make all needful rules and regulations for its conduct, and the placing of Indian youth therein: Provided, That the appropriation for collection and transportation, and so forth, of pupils, and the specific appropriation for such school so selected shall be available for its support
and maitenance: Provided further, That the consent of parents, guardians, or next of kin shall not be required to place Indian youth in said school.
That so much of the section three of the act of August fifteenth, eighteen hundred and seventy-six, as required the Commissioner of Indian Affairs to embody in his annual report a detailed and tabular statement of all bids and proposals received for any services, supplies, and annuity goods for the Indian service, together with a detailed statement of all awards of contracts made for any such services, supplies, and annuity goods for which said bids or proposals were received, is hereby repealed, and hereafter he shall embody in his annual report only a detailed statement of the awards of contracts made for any services, supplies, and annuity goods for the Indian service; and that so much of the acts of March second, eighteen hundred and ninety-two, and April twenty-first, nineteen hundred and four, which require the commissioner to report annually the names of all employees in the Indian service is hereby also repealed.
To enable the Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, to take action to suppress the traffic of intoxicating liquors among Indians, twenty-five thousand dollars, fifteen thousand dollars of which to be used exclusively in the Indian Territory and Oklahoma.
For support of Indian day and industrial schools, and for other educational purposes not hereinafter provided for, one million three hundred thousand dollars;
For construction, purchase, lease, and repair of school buildings, and sewerage, water supply, and lighting plants, and purchase of school sites, and improvement of buildings and grounds, four hundred and fifty thousand dollars;
In all, one million seven hundred and fifty thousand dollars.
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: Provided, That not exceeding five thousand dollars of this amount may be used under direction of the Commissioner of Indian Affairs in the transportation and placing of Indian pupils in positions where remunerative employment can be found for them in industrial pursuits. The provisions of this section shall apply to native pupils brought from Alaska.
That all expenditure 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 and control 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 or cost of maintenance so high 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 therefor 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.
Telegraphing, telephoning, and purchase of Indian supplies: To pay the expense of purchasing goods and supplies for the Indian service, including inspection and pay of necessary employees; advertising, at rates not exceeding regular commercial rates, and all other expenses connected therewith, and for telegraphing and telephoning, and for transportation of Indian goods and supplies, including pay and expenses of transportation agents and rent of warehouses, two hundred and ninety thousand dollars, and warehouses for the receipt, storage, and shipping of goods for the Indian service shall be maintained at the following places: New York, Chicago, Omaha, Saint Louis, and San Francisco.
For buildings and repairs of buildings at agencies and for rent of buildings for agency purposes, and for water supply at agencies, seventy-five thousand dollars.
For pure vaccine matter and vaccination of Indians, five thousand dollars.
That the provisions of section thirty-seven hundred and eighty-six of the Revised Statutes of the United States shall not apply to such work of the Indian Department as can be executed at the several Indian schools.
That section two of an act of Congress entitled “An act to provide for the acquiring of rights of way of railroad companies through Indian reservations, Indian lands, and Indian allotments, and for other purposes,” approved March second, eighteen hundred and ninety-nine, be, and the same hereby is, amended so as to read as follows:
“SEC. 2. That such right of way shall not exceed fifty feet in width on each side of the center line of the road, except where there are heavy cuts and fills, when it shall not exceed one hundred feet in width on each side of the road, and many include grounds adjacent thereto for station buildings, depots, machine shops, side tracks, turnouts, and water stations, not to exceed two hundred feet in width by a length of three thousand feet, and not more than one station to be located within any one continuous length of ten miles of road.”
For expenses of the commission of citizens, serving without compensation, appointed by the President under the provisions of the fourth section of the act of April tenth, eighteen hundred and sixty-nine, four thousand dollars, of which amount not to exceed three hundred dollars may be used by the commission for office rent.
For pay of eight Indian inspectors, two of whom shall be engineers, one to be designated as chief, competent in the location, construction, and maintenance of irrigation works, at two thousand five hundred dollars per annum each, except the chief engineer, who shall receive three thousand five hundred dollars, twenty-one thousand dollars.
For traveling expenses of eight Indian inspectors, at three dollars per day when actually employed on duty in the field, exclusive of
transportation and sleeping-car fare, in lieu of all other expenses now authorized by law, and for incidental expenses of negotiation, inspection, and investigation, including telegraphing and expenses of going to and going from the seat of government, and while remaining there under orders and direction of the Secretary of the Interior, for a period not to exceed twenty days, twelve thousand eight hundred dollars.
For pay of one superintendent of Indian schools, three thousand dollars.
For necessary traveling expenses of one superintendent of Indian schools, including telegraphing and incidental expenses of inspection and investigation, one thousand five hundred dollars: Provided, That he shall be allowed three dollars per day for traveling expenses when actually on duty in the field, exclusive of cost of transportation and sleeping-car fare, in lieu of all other expenses now allowed by law: And provided further, That he shall perform such other duties as may be imposed upon him by the Commissioner of Indian Affairs, subject to the approval of the Secretary of the Interior.
For payment of necessary interpreters, to be distributed in the discretion of the Secretary of the Interior, four thousand dollars; but no person employed by the United States and paid for any other service shall be paid for interpreting.
For services of officers at twenty-five dollars per month each, and privates at twenty dollars per month each, of Indian police, to be employed in maintaining order and prohibiting illegal traffic in liquor on the several Indian reservations and within the Territory of Alaska, in the discretion of the Secretary of the Interior, for the purchase of equipments, and for the purchase of rations for policemen at nonration agencies, two hundred thousand dollars.
To enable the Secretary of the Interior to employ suitable persons as matrons to teach Indian girls in housekeeping and other household duties, at a rate not to exceed sixty dollars per month, and for furnishing necessary equipments, and renting quarters where necessary, twenty-five thousand dollars: Provided, That the amount paid said matrons shall not come within the limit for employees fixed by the act of June seventh, eighteen hundred and ninety-seven.
To enable the Commissioner of Indian Affairs to employ practical farmers and practical stockmen, subject only to such examination as to qualifications as the Secretary of the Interior may prescribe, in addition to the agency farmers now employed, at wages not exceeding seventy-five dollars each per month, to superintend and direct farming and stock raising among such Indians as are making effort for self-support, one hundred and twenty-five thousand dollars: Provided, That the amounts paid said farmers and stockmen shall not come within the limit for employees fixed by the act of June seventh, eighteen hundred and ninety-seven: Provided further, That the Commissioner of Indian Affairs may employ additional farmers at any Indian
school at not exceeding sixty dollars per month, subject only to such examination as the Secretary of the Interior may prescribe, said farmers to be in addition to the school farmers now employed.
For compensation of judges of Indian courts, twelve thousand dollars.
For contingencies of the Indian Service, including traveling and incidental expenses of Indian agents and of their offices, and of the Commissioner of Indian Affairs; also traveling and incidental expenses of special agents, at three dollars per day when actually employed on duty in the field, exclusive of transportation and sleeping-car fare, in lieu of all other expenses now authorized by law, and expenses of going to and going from the seat of government, and while remaining there under orders and direction of the Commissioner of Indian Affairs, for a period not to exceed twenty days; for pay of employees not otherwise provided for, and for pay of special agents, at two thousand dollars per annum each, seventy-five thousand dollars.
The appropriations for the salaries of Indian agents shall not take effect nor become available in any case for or during the time in which any officer of the Army of the United States shall be engaged in the performance of the duties of Indian agent at any of the agencies above named; and the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, may devolve the duties of any Indian agency or part thereof upon the superintendent of the Indian school located at such agency or part thereof 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.
For pay of Indian agent at the San Carlos Agency, Arizona, one thousand eight hundred dollars.
For support and civilization of the Apache and other Indians in Arizona and New Mexico who have been or may be collected on reservations in Arizona and New Mexico, two hundred and twenty-five thousand dollars: Provided, That the unexpended balance for the fiscal year nineteen hundred and six is hereby appropriated and made available for nineteen hundred and seven.
For support and civilization of the Indians of Pima Agency, Arizona, forty thousand dollars, to be expended for their benefit in such manner as the Secretary of the Interior, in his discretion, may deem best.
For support and education of two hundred Indian pupils at the Indian school at Fort Mojave, Arizona, thirty-three thousand four hundred dollars;
For pay of superintendent of said school, one thousand six hundred dollars;
For general repairs and improvements, five thousand dollars;
For irrigation for farm, five thousand dollars;
In all, forty-five thousand dollars.
For support and education of seven hundred Indian pupils at the Indian school at Phoenix, Arizona, one hundred and sixteen thousand nine hundred dollars;
For general repairs and improvements, eight thousand dollars;
For pay of superintendent at said school, two thousand five hundred dollars;
Heating system, sixteen thousand dollars;
In all, one hundred and forty-three thousand four hundred dollars.
For support and education of one hundred and thirty-five pupils at the Indian school at Truxton Canyon, Arizona, twenty-two thousand five hundred and forty-five dollars;
Pay of superintendent, one thousand five hundred dollars;
General repairs and improvements, three thousand dollars;
In all, twenty-seven thousand and forty-five dollars.
For general incidental expenses of the Indian service in Arizona, including traveling expenses of agents, one thousand five hundred dollars.
For the construction of an irrigation system necessary for developing and furnishing a water supply for the irrigation of the lands of the Pima Indians in the vicinity of Sacaton, on the Gila River Indian Reservation, two hundred and fifty thousand dollars, to expended under the direction of the Secretary of the Interior: Provided further, That when said irrigation system is in successful operation, and the Indians have become self-supporting, the cost of operating the said system shall be equitably apportioned upon the lands irrigated, and to the annual charge shall be added an amount sufficient to pay back into the Treasury the cost of the work within thirty years, suitable deduction being made for the amounts received from disposal of lands which now form a part of said reservation.
For support and civilization of the Mission Indians in California, including pay of employees, five thousand dollars.
For support and civilization of the Northern Indians, California, ten thousand dollars.
For support and education of five hundred Indian pupils at the Sherman Institute, Riverside, California, eighty-three thousand five hundred dollars;
For pay of superintendent, two thousand two hundred and fifty dollars;
For additional water and sewer system, three thousand dollars;
For addition to dining hall and kitchen, twelve thousand dollars;
For stable, four thousand dollars;
For coal house, two thousand dollars;
For ice and cold storage, six thousand dollars;
For general repairs and improvements, five thousand dollars;
In all, one hundred and seventeen thousand seven hundred and fifty dollars.
For general incidental expenses of the Indian service in California, including traveling expenses of agents, and support and civilization of Indians at the Round Valley, Hoopa Valley, and Tule River agencies, four thousand dollars;
And pay of employees at same agencies, seven thousand dollars;
In all, eleven thousand dollars.
For the purpose of removing obstructions from the bed of the stream which drains into the Eel River in the Round Valley Reservation, Mendocino County, California, eight thousand dollars.
That the Secretary of the Interior be, and he is hereby, authorized to expend not to exceed one hundred thousand dollars to purchase for the use of the Indians in California now residing on reservations which do not contain land suitable for cultivation, and for Indians who are not now upon reservations in said State, suitable tracts or parcels of land, water, and water rights in said State of California, and have constructed the necessary ditches, flumes, and reservoirs for the purpose of irrigating said lands, and the irrigation of any lands now occupied by Indians in said State, and to construct suitable buildings upon said lands, and to fence the tracts of land so purchased, and fence, survey, and mark the boundaries of such Indian reservations in the State of California as the Secretary of the Interior may deem proper. One hundred thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any funds in the Treasury not otherwise appropriated, for the purpose of carrying out the provisions of this act.
For the support and education of two hundred Indian pupils at the Indian school at Fort Lewis, Colorado, thirty-three thousand four hundred dollars;
For pay of superintendent at said school, one thousand seven hundred dollars;
For general repairs and improvements, two thousand dollars;
For additional buildings, twenty-five thousand dollars;
In all, sixty-two thousand one hundred dollars.
For support and education of two hundred Indian pupils at the Indian school at Grand Junction, Colorado, thirty-three thousand four hundred dollars;
Pay of superintendent at said school, one thousand six hundred dollars;
General repairs and improvements, four thousand dollars;
Driveways, one thousand five hundred dollars;
Increase to lighting plant, two thousand dollars;
In all, forty-two thousand dollars.
For general incidental expenses of the Indian Service in Colorado, including traveling expenses of agents, one thousand dollars.
For a superintendent in charge of agency and educational matters on the Coeur d’Alene Reservation, Idaho, one thousand two hundred dollars.
For support and civilization of the Shoshones and Bannocks and other Indians of the Fort Hall Reservation in Idaho, including pay of employees, twenty thousand dollars.
For support, civilization, and instruction of the Shoshones, Bannocks, Sheepeaters, and other Indians of the Lemhi Agency, Idaho, including pay of employees, ten thousand dollars.
That if any adult member of the Nez Perce Tribe of Indians in Idaho believes himself or herself competent to make leases and transact his
or her affairs, such member may file a request with the Commissioner of Indian Affairs for a permit to lease the lands which have been allotted to him or her and the minor children of such member.
And if upon consideration and examination of the request the said commissioner finds said member to be fully competent and capable of managing and caring for his or her own individual affairs, he may issue a certificate to such member authorizing him or her to make leases or rental contracts for the lands allotted to such member and his or her minor children.
That there be appropriated from the moneys of the United States Treasury not otherwise appropriated the sum of twenty-five thousand dollars for completing the survey on the Fort Lemhi and the Fort Hall Indian Reservations, in Idaho; including expenses in the office of the surveyor general for Idaho, and for the examination of said surveys; and for a reconnoissance survey and preparation of plans for an irrigation system and storage system for Indian lands and lands ceded by the act of June sixth, nineteen hundred, on the Fort Hall Reservation, in Idaho.
That before any of the lands in the Lemhi Reservation, in Idaho, ceded by the agreement concluded on May fourteenth, eighteen hundred and eighty, set forth in the act of February twenty-third, eighteen hundred and eighty-nine (Twenty-fifth Statutes, page six hundred and eighty-seven), the provisions of which are accepted by agreement executed December twenty-eighth, nineteen hundred and five, by a majority of all the adult male members belonging on or occupying the said reservation, and approved by the President on January twenty-seventh, nineteen hundred and six, be opened to settlement or entry, the Commissioner of Indian Affairs shall cause to be prepared a schedule of the improved lands to be abandoned, with a description of the improvements thereon and the names of the Indian occupants, a duplicate of which shall be filed with the Commissioner of the General Land Office.
Before entry shall be allowed of any tract of land occupied and cultivated and included in the schedule aforesaid, the Secretary of the Interior shall cause the improvements on said tract to be appraised and sold to the highest bidder.
No sale of such improvements shall be for less than the appraised value. The purchaser of such improvements shall have thirty days after such purchase for preference right of entry of the lands upon which the improvements purchased by him are situated, not to exceed one hundred and sixty acres: Provided, That the proceeds of the sale of such improvements shall be paid to the Indians owning the same: Provided further, That any missionary or religious society to which the Government has assigned lands in said reservation may remove or dispose of the improvements thereon within a reasonable time after the removal of the Indians to the Fort Hall Reservation, and if sold the purchaser of such improvements shall have thirty days from the date of sale thereof for preference right to entry of the lands upon which the improvements purchased by him are situated, not exceeding one hundred and sixty acres.
For general incidental expenses of the Indian Service in Idaho, including traveling expenses of agents, one thousand dollars.
BANNOCKS: For pay of physician, teacher, carpenter, miller, engineer, farmer, and blacksmith, as per tenth article of treaty of July third, eighteen hundred and sixty-eight, five thousand dollars.
For last of fifteen installments of eight thousand dollars each, to be expended under the direction of the Secretary of the Interior, under the sixth article of agreement of March twenty-sixth, eighteen hundred and eighty-seven, ratified by act of March third, eighteen hundred and ninety-one, eight thousand dollars;
For pay of blacksmith, carpenter, and physician, and purchase of medicines, as per the eleventh article of said agreement, three thousand five hundred dollars.
In all, eleven thousand five hundred dollars.
That the Secretary of the Interior be, and he is hereby, authorized and directed, as hereinafter provided, to sell or dispose of unallotted lands in the Coeur d’Alene Indian Reservation, in the State of Idaho.
That as soon as the lands embraced within the Coeur d’Alene Indian Reservation shall have been surveyed, the Secretary of the Interior shall cause allotments of the same to be made to all persons belonging to or having tribal relations on said Coeur d’Alene Indian Reservation, to each man, woman, and child one hundred and sixty acres, and upon the approval of such allotments by the Secretary of the Interior, he shall cause patents to issue therefor under the provisions of the general allotment law of the United States.
That upon the completion of said allotments to said Indians the residue or surplus lands—that is, lands not allotted or reserved for Indian school, agency, or other purposes—of the said Coeur d’Alene Indian Reservation shall be classified under the direction of the Secretary of the Interior as agricultural lands, grazing lands, or timber lands, and shall be appraised under their appropriate classes by legal subdivisions, and, upon completion of the classification and appraisement, such surplus lands shall be opened to settlement and entry, under the provisions of the homestead laws, at not less than their appraised value, in addition to the fees and commissions now prescribed by law for the disposition of lands of the value of one dollar and twenty-five cents per acre, by proclamation of the President, which proclamation shall prescribe the manner in which these lands shall be settled upon, occupied, and entered by persons entitled to make entry thereof: Provided, That the price of said lands when entered shall be fixed by the appraisement, as herein provided for, which shall be paid in accordance with rules and regulations to be prescribed by the Secretary of the Interior upon the following terms: One-fifth of the purchase price to be paid in cash at the time of entry and the balance in five equal annual installments to be paid in one, two, three, four, and five years, respectively, from and after the date of entry, and in case any entryman fails to make the annual payments, or any of them, promptly when due, all rights in and to the land covered by his or her entry shall cease, and any payment theretofore made shall be forfeited and the entry canceled, and the lands shall be reoffered for sale and entry: Provided, That the right to commute by said entryman shall be allowed as to any lands classified as agricultural and grazing lands, but the entryman, upon commutation, shall not be required to pay in the aggregate any sum in excess of the appraised value of such lands; and nothing in this act shall be held to repeal or extend the provisions of the homestead laws permitting the entryman to cut and remove, or cause to be cut and removed, so much timber as is actually necessary for buildings, fences, and other improvements on the land entered: Provided further, That the general mining laws of the United States shall extend after the approval of this act to any of said lands and mineral entry may be made on any of said lands, but no such mineral selection shall be permitted upon any lands allotted in severalty to the Indians: Provided further, That all the coal or oil deposits in or under the lands on the said reservation shall be and remain
the property of the United States, and no patent that may be issued under the provisions of this or any other act of Congress shall convey any title thereto: Provided further, That the lands remaining undisposed of at the expiration of five years from the opening of the said lands to entry shall be sold to the highest bidder for cash, at not less than one dollar per acre, under rules and regulations to be prescribed by the Secretary of the Interior, and that any lands remaining unsold ten years after the said lands shall have been opened to entry may be sold to the highest bidder for cash without regard to the above minimum limit of price: And provided further, That sections sixteen and thirty-six of said lands be, and they are hereby, excepted from the foregoing provisions and are hereby granted to the State of Idaho for school purposes, and the United States shall pay to said Indians therefor the sum of one dollar and twenty-five cents per acre: And provided also, That if the State of Idaho has made any selections under existing law in lieu of sections sixteen and thirty-six of the lands affected by this act the acreage of such selections shall be deducted from the acreage to be paid for under the preceding proviso.
That the said lands shall be opened to settlement and entry by proclamation of the President, which proclamation shall prescribe the time when and the manner in which these lands may be settled upon, occupied, and entered by persons entitled to make entry thereof, and no person shall be permitted to settle upon, occupy, and enter any of said lands except as prescribed in such proclamation.
That the Secretary of the Interior shall reserve from said lands, whether surveyed or unsurveyed, such tracts for town-site purposes as in his opinion may be required for the future public interests, and he may cause any such reservations, or parts thereof, to be surveyed into blocks and lots of suitable size, and to be appraised and disposed of under such regulations as he may prescribe, and the net proceeds derived from the sale of such lands shall be paid to said Indians as provided in section seven of this act.
That the net proceeds arising from the sale and disposition of the lands aforesaid, including the sums paid for mineral and town-site lands, shall be, after deducting the expenses incurred from time to time in connection with the allotment, appraisement, and sales and surveys herein provided, deposited in the Treasury of the United States to the credit of the Coeur d’Alene and confederated tribes of Indians belonging and having tribal rights on the Coeur d’Alene Indian Reservation, in the State of Idaho, and shall be expended for their benefit, under the direction of the Secretary of the Interior, in the education and improvement of said Indians and in the purchase of stock cattle, horse teams, harness, wagons, mowing machines, horserakes, thrashing machines, and other agricultural implements for issue to said Indians, and also for the purchase of material for the construction of houses or other necessary buildings, and a reasonable sum may also be expended by the Secretary, in his discretion, for the comfort, benefit, and improvement of said Indians: Provided, That a portion of the proceeds may be paid to the Indians in cash per capita, share and share alike, if in the opinion, of the Secretary of the Interior such payments will further tend to improve the condition and advance the progress of said Indians, but not otherwise: Provided, That any sums placed in the Treasury of the United States to the credit of said Indians shall bear interest at the rate of three per centum per annum, which interest shall be expended in the same manner as the principal.
That any of said lands necessary for agency, school, and religious purposes, including any lands now occupied by the agency buildings, and the site of any sawmill, gristmill, or other mill property on said lands are hereby reserved for such uses so long as said land shall be
occupied for the purposes above designated: Provided, That all such reserved lands shall not exceed in the aggregate three sections and must be selected in legal subdivisions conformable to the public surveys, such selection to be under the direction of the Secretary of the Interior and subject to his approval.
That the Secretary of the Interior is hereby vested with full power and authority to make all needful rules and regulations as to the manner of sale, notice of same, and other matters incident to the carrying out of the provisions of this act, and with authority to reappraise and reclassify said lands if deemed necessary from time to time, and to continue making sales of the same, in accordance with the provisions of this act, until all of the lands shall have been disposed of.
That nothing in this act contained shall be construed to bind the United States to find purchasers for any of said lands, it being the purpose of this act merely to have the United States to act as trustee for said Indians in the disposition and sales of said lands and to expend or pay over to them the net proceeds derived from the sales as herein provided.
That to enable the Secretary of the Interior to allot, classify, appraise, and conduct the sale and entry of said lands as in this act provided the sum of fifteen thousand dollars, or so much thereof as may be necessary, is hereby appropriated from any money in the Treasury not otherwise appropriated, the same to be reimbursed from the proceeds of the sales of the aforesaid lands: Provided, That when funds shall have been procured from the first sales of the land the Secretary of the Interior may use such portion thereof as may be actually necessary in conducting future sales and otherwise carrying out the provisions of this act.
For eighteenth of twenty installments, as provided in agreement with said Indians approved February twenty-third, eighteen hundred and eighty-nine, to be used by the Secretary of the Interior for the benefit of the Indians in such manner as the President may direct, six thousand dollars.
For pay of Indian agent at the Union Agency, Indian Territory, three thousand dollars.
For special clerical force in the office of the United States Indian agent, Union Agency, and miscellaneous expenses in connection with entering of remittances received in account of payments of town lots and issuance of patents, and conveying same, ten thousand dollars.
For clerical work and labor connected with the sale and leasing of Creek and the leasing of Cherokee lands, thirty thousand dollars.
That there shall be reserved from allotment one acre of the unallotted lands of the choctaw tribes for each church under the control of or used exclusively by the Choctaw or Chickasaw freedmen; and there shall be reserved from allotment one acre of said lands for each school conducted by Choctaw or Chickasaw freedmen, under the supervision of the authorities of said tribes and officials of the United States, and patents shall issue, as provided by law, to the person or organization entitled to receive the same. There are also reserved such tracts from said lands as the Secretary of the Interior may approve for cemeteries; and such cemeteries may be reserved, respectively, for Indians, freedmen, and whites, as the Secretary may designate.
That the Secretary of the Interior is hereby authorized and empowered to segregate and reserve from allotment, and to cancel any filings or applications that may heretofore have been made with a view to
allotting, the following-described lands, situate in the Choctaw Nation, Indian Territory, to wit: The northwest quarter of section twelve, in township five north, range fifteen east, containing in the aggregate one hundred and sixty acres more or less. That the provisions of sections fifty-six to sixty-three, inclusive, of the act of Congress approved July first, nineteen hundred and two, entitled “An act to ratify and confirm an agreement with the Choctaw and Chickasaw tribes, and for other purposes,” be, and the same are hereby, made applicable to the lands above described, the same as if the said described lands had been made a part of the segregation as contemplated by said sections fifty-six to sixty-three, inclusive, of said above act approved July first, nineteen hundred and two: Provided, That the Secretary of the Interior may, in his discretion, add to and make a part of the coal mining leases now in effect, and to which said lands are contiguous, the northwest quarter of section twelve, in township five north of range fifteen east, Government subdivisions being followed as nearly as possible: Provided further, That the holder or holders of the lease or leases to which such lands shall be added shall, before the same are added, pay the Indian or Indians who have filed upon or applied for such lands as their allotments, or who are in possession thereof, the value of the improvements placed on the land by said Indian or Indians, such value to be determined under the direction of the Secretary of the Interior.
That there is appropriated, out of any money in the United States Treasury not otherwise appropriated, the sum of one thousand two hundred and thirty-six dollars, to pay Toney E. Proctor two dollars per day in lieu of subsistence from August thirteenth, eighteen hundred and ninety-nine, until April twenty-third, nineteen hundred and one, while serving as town-site appraiser of Wagoner, Indian Territory, Creek Nation.
Removal of intruders, Five Civilized Tribes: For the purpose of removing intruders and placing allottees in unrestricted possession of their allotments, to be expended under the direction of the Secretary of the Interior, twenty thousand dollars.
That the Secretary of the Interior be, and he is hereby, authorized to make such contracts as in his judgment seems advisable for the care of orphan Indian children at the Whittaker Home, Pryor Creek, Indian Territory, and for the purpose of carrying this provision into effect, the sum of ten thousand dollars, or so much thereof as is necessary, is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated.
Ten thousand dollars, or so much thereof as may be necessary, to be immediately available, in the payment of indebtedness already incurred, necessarily expended in suppressing the spread of smallpox in the Indian Territory during the fiscal year ended June thirtieth, nineteen hundred, all accounts to be first examined and approved by the Secretary of the Interior as just and reasonable before being paid.
To enable the Secretary of the Interior to carry out the provisions of the act approved April twenty-first, nineteen hundred and four, for the removal of restrictions upon the alienation of lands of all allottees of the Five Civilized Tribes, eighteen thousand dollars: Provided, That so much as may be necessary may be used in the employment of clerical force in the office of the Commissioner of Indian Affairs.
For general incidental expenses of the Indian Service in the Indian Territory, and for pay of employees, eighteen thousand dollars.
To carry out the provisions of section ten of the supplemental agreements with the Creek Nation, as ratified by the act of June thirtieth, nineteen hundred and two, and section thirty-seven of the Cherokee agreement, as ratified by the act of July first, nineteen hundred and two, eight thousand dollars.
For clerical and incidental expenses of the United States inspector’s office, Indian Territory, in accordance with the provisions of section twenty-seven of the act of June twenty-eighth, eighteen hundred and ninety-eight, entitled “An act for the protection of the people of the Indian Territory, and for other purposes,” ten thousand dollars.
To enable the Secretary of the Interior to investigate, or cause to be investigated, any lease of allotted land in the Indian Territory which he has reason to believe has been obtained by fraud, or in violation of the terms of existing agreements with any of the Five Civilized Tribes, as provided by the act approved March third, nineteen hundred and five, ten thousand dollars.
For the maintenance, strengthening, and enlarging of the tribal schools of the Cherokee, Creek, Choctaw, Chickasaw, and Seminole Nations, and making provision for the attendance of children of parents of other than Indian blood therein, and the establishment of new schools under the control of the Department of the Interior, the sum of one hundred and fifty thousand dollars, or so much thereof as may be necessary, to be placed in the hands of the Secretary of the Interior, and disbursed by him under such rules and regulations as he may prescribe.
That the Court of Claims be, and is hereby, authorized and empowered, upon final determination of the case or cases involving the claim of the intermarried white persons in the Cherokee Nation to share in the common property of the Cherokee people, and to be enrolled for such purpose (being numbers four hundred and nineteen, four hundred and twenty, four hundred and twenty-one, and four hundred and twenty-two, on the docket of the United States Supreme Court for October term, nineteen hundred and five), to ascertain and determine the amount to be paid the attorney and counsel of record for the Cherokee Indians by blood in said cases, in reimbursement of necessary expenses incurred, and as reasonable compensation for services rendered in such proceedings not exceeding sixty thousand dollars. Such court shall further designate the persons, class, or body of persons by whom such payment should equitably be made and the fund or funds held by the United States out of which the same shall be paid and enter a decree for the amount so found; and the sum necessary to pay the same is hereby appropriated out of the fund or funds designated by the court, and the Secretary of the Treasury shall pay the same: Provided, That notice of hearing of such application to determine such compensation shall be given the governor of the Cherokee Nation, or the attorney of record thereof, and the Secretary of the Interior, at least thirty days before the day of said hearing.
The amount awarded by the court when paid shall be in full for all expenses and services of said attorney and counsel in connection with the claim of the intermarried whites.
For the completion of the work heretofore required by law to be done by the Commission to the Five Civilized Tribes, two hundred thousand dollars. Said appropriation to be disbursed under the direction of the Secretary of the Interior.
That the Commissioner of the Five Civilized Tribes is hereby authorized to add the names of the following persons to the final roll of the citizens by blood of the Choctaw Tribe: Malinda Pickens, Morris Battiest, and Samuel Sydney Burris; and the names of the following persons to the final roll of the citizens by blood of the Chickasaw
Tribe: Rebecca Pitts, Maggie Wade; and the names of Nancy Bigknife, Alice Owen and her children, to the final roll of the citizens by blood of the Cherokee Tribe, the said persons being either Choctaw, Chickasaw, or Cherokee Indians by blood, whose names, through neglect on their part or on the part of their parents, have been omitted from the tribal rolls: Provided, That the enrollment of said persons by the Commissioner to the Five Civilized Tribes shall not be objected to by the said tribes, and shall be approved by the Secretary of the Interior.1
That the Secretary of the Interior shall upon completion of the approved rolls, have prepared and printed in a permanent record book such rolls of the Five Civilized Tribes and that one copy of such record book shall be deposited in the office of the recorder in each of the recording districts for public inspection. That any person who shall copy any roll of citizenship of the Creek, Cherokee, Choctaw, Chickasaw, or Seminole tribes of Indians, prepared by or under the direction of the Secretary of the Interior, the Commission to the Five Civilized Tribes or the Commissioner to the Five Civilized Tribes, whether completed or not, or any person who shall, directly or indirectly, exhibit, sell, offer to sell, give away, offer to give away, or in any manner or by any means offer to dispose of, or who shall have in his possession, any such roll or rolls, any copy of the same, or a copy of any portion thereof, shall be deemed guilty of a misdemeanor, and punished by imprisonment for not exceeding two years: Provided, That this act shall not apply to any persons authorized by the Secretary of the Interior, the Commissioner of Indian Affairs, or the Commissioner to the Five Civilized Tribes to copy, exhibit, or use such rolls, or a copy thereof, for any purpose necessary or required by law.
No distinction shall be made in the enrollment of full-blood Mississippi Choctaws who have been identified by the United States Commission to the Five Civilized Tribes, and who had removed to the Indian Territory prior to March fourth, nineteen hundred and six, and who shall furnish proof thereof.
For permanent annuity, per second article of treaty of November sixteenth, eighteen hundred and five, and thirteenth article of treaty of June twenty-second, eighteen hundred and fifty-five, three thousand dollars;
For permanent annuity for support of light horsemen, per thirteenth article of treaty of October eighteenth, eighteen hundred and twenty, and thirteenth article of treaty of June twenty-second, eighteen hundred and fifty-five, six hundred dollars;
For permanent annuity for support of blacksmith, per sixth article of treaty of October eighteenth, eighteen hundred and twenty, ninth article of treaty of January twentieth, eighteen hundred and twenty-five, and thirteenth article of treaty of June twenty-second, eighteen hundred and fifty-five, six hundred dollars;
For permanent annuity for education, per second and thirteenth articles of last two treaties named above, six thousand dollars;
For permanent annuity for iron and steel, per ninth article of treaty of January twentieth, eighteen hundred and twenty-five, and thirteenth article of treaty of June twenty-second, eighteen hundred and fifty-five, three hundred and twenty dollars;
For interest on three hundred and ninety thousand two hundred and fifty-seven dollars and ninety-two cents, at five per centum per annum, for education, support of the government, and other beneficial purposes, under the direction of the general council of the Choctaws, in conformity with the provisions contained in the ninth and thirteenth
articles of treaty of January twentieth, eighteen hundred and twenty-five, and treaty of June twenty-second, eighteen hundred and fifty-five, nineteen thousand five hundred and twelve dollars and eighty-nine cents;
In all, thirty thousand and thirty-two dollars and eighty-nine cents.
And provided, The Secretary of the Interior is hereby authorized in case after investigation he deems it for the best interest of the tribe to set aside six hundred and forty acres of Choctaw land for the benefit of Old Goodland Indian Orphan Industrial School, and to convey the same to said school in conjunction with the executive of the Choctaw Tribe.
That section two of the act entitled “An act to provide for the final disposition of the affairs of the Five Civilized Tribes in the Indian Territory, and for other purposes,” approved April twenty-sixth, nineteen hundred and six, be, and the same is hereby, amended by striking out thereof the words “Provided further, That nothing herein shall be construed so as to hereafter permit any person to file an application for enrollment in any tribe where the date for filing application has been fixed by agreement between said tribe and the United States:1 Provided further, That nothing herein shall apply to the intermarried whites in the Cherokee Nation whose cases are now pending in the Supreme Court of the United States.” And insert in said act in lieu of the matter repealed, the following: Provided further, That nothing herein shall be construed so as hereafter to permit any person to file an application for enrollment or to be entitled to enrollment in any of said tribes, except for minors the children of Indians by blood, or of freedmen members of said tribes, or of Mississippi Choctaws identified under the fourteenth article of the treaty of eighteen hundred and thirty, as herein otherwise provided, and the fact that the name of a person appears on the tribal roll of any of said tribes shall not be construed to be an application for enrollment.
That section fifteen of the act entitled “An act to provide for the final disposition of the affairs of the Five Civilized Tribes in the Indian Territory, and for other purposes,” approved April twenty-sixth, nineteen hundred and six, be, and the same is hereby, amended by inserting after the word “conveyances,” at the end of said section, the following: “ Provided, That this section shall not take effect until the date of the dissolution of the tribal governments of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole Tribes.”2
That, in addition to the places now provided by law for holding courts in the central judicial district of Indian Territory, terms of the district court of the central district shall hereafter be held at the town of Wilburton, and the United States judge of said central district is hereby authorized to establish by metes and bounds a recording district for said court to be known as recording district numbered thirty. That all laws regulating the holding of courts in the Indian Territory shall be applicable to the court hereby created at the town of Wilburton.
That there is hereby created in the Cherokee Nation, Indian Territory, an additional recording district, to be known as district numbered twenty-seven. Said district shall be bounded as follows: Beginning at the northwest corner of the Cherokee Nation, thence east along the north boundary line of the Cherokee Nation to the northeast corner of section seventeen, in township twenty-nine north, of range fourteen east; thence south to the township line at the corner of section thirty-two; thence west along said township line to the northeast corner of section four, in township twenty-eight north, of range fourteen east; thence south with the section line to the township line
between townships twenty-three and twenty-four; thence west to the dividing line between the Osage and Cherokee Nations; thence north along said dividing line between the Osage and Cherokee Nations to the place of beginning.
That not less than two terms of court in each year shall be held at the town of Bartlesville, in said recording district numbered twenty-seven, and a United States commissioner’s court shall be established in said recording district numbered twenty-seven and maintain an office at Bartlesville, in said district, and an act of Congress entitled “An act providing for the recording of deeds and other conveyances and instruments in writing in Indian Territory, and for other purposes,” approved February nineteenth, ninteen hundred and three, shall have the same force and effect in said district numbered twenty-seven as it has in the districts created by said act approved February nineteenth, nineteen hundred and three.
That there is hereby created in Indian Territory an additional recording district, to be known as recording district numbered twenty-eight. Said district shall be bounded as follows: Beginning at the southwest corner of the Cherokee Nation; thence north along the western boundary line of the Cherokee Nation to the township line between townships twenty-three and twenty-four north; thence east along the township line between townships twenty-three and twenty-four north to the range line between ranges fourteen and fifteen east; thence south along the range line between ranges fourteen and fifteen east to the township line between townships sixteen and seventeen north; thence west along the township line between townships sixteen and seventeen north to the range line between ranges twelve and thirteen east; thence north along the range line between ranges twelve and thirteen east to the township line between townships eighteen and nineteen north; thence west along the township line between town-ships eighteen and nineteen north to the range line between ranges ten and eleven east; thence north along said range line to the Arkansas River; thence northwest up said river to a point where it crosses the north line of the Creek Nation; thence east along the north line of the Creek Nation to the place of beginning.
That the judge of the western judicial district of Indian Territory shall hold not less than three terms of court in each year at the town of Tulsa, in said recording district numbered twenty-eight; and a United States commissioner’s court shall be established and maintained in said recording district numbered twenty-eight, which commissioner shall maintain his office at Tulsa, in said district, and an act of Congress entitled “An act providing for the recording of deeds and other conveyances and instruments in writing in Indian Territory, and for other purposes,” approved February nineteenth, nineteen hundred and three, shall have the same force and effect in said recording district numbered twenty-eight as it has in the districts created by the said act approved February nineteenth, nineteen hundred and three.
That all that portion of territory included in said recording district numbered twenty-eight, as herein defined, lying within the boundaries of the Cherokee Nation, and being now a part of the northern judicial district of Indian Territory, shall become, and the same is hereby, attached to and made a part of the western judicial district of Indian Territory; and all of the power, authority, and jurisdiction of the United States court of the western judicial district of Indian Territory and of the judges and marshals thereof are hereby extended to and put in force over all the territory included within the boundaries of said twenty-eighth recording district as herein defined and established.
That in addition to the places now provided by law for holding courts in the southern judicial district of Indian Territory courts shall be held in the town of Duncan, and all laws regulating the holding of
the courts in the Indian Territory shall be applicable to the said court hereby created in the said town of Duncan.
That the territory next hereinafter described shall be known as recording district numbered twenty-nine, beginning at a point where township line between townships two and three north reaches the east boundary line of Oklahoma Territory; thence east on said township line twenty-four miles to where it intersects with range line three and four west; thence south on said range line twelve miles to where it intersects the base line between townships one north and one south; thence east along said base line six miles to the range line between ranges two and three west; thence south twelve miles along said range line to the township line between townships two and three south; thence west thirty miles along said township line to where it intersects with the east line of Oklahoma Territory; thence north along said line twenty-four miles to the place of beginning; and the place of recording and holding court in said district shall be Duncan.
For education, per third article of treaty of May thirteenth, eighteen hundred and thirty-three, one thousand dollars;
For blacksmith and assistants, and tools, iron; and steel for blacksmith shop, per same article and treaty, five hundred dollars;
In all, one thousand five hundred dollars: Provided, That the President of the United States shall certify the same to be for the best interests of the Indians.
That Leander J. Fish, an allottee of two hundred acres of land in section thirty-two, township twenty-nine, range twenty-three east, and of forty acres in section fourteen, township twenty-nine, range twenty-four east, in the Quapaw Reservation, under the provisions of the act of March second, eighteen hundred and ninety-five (Twenty-eighth Statutes, page nine hundred and seven), and the act of March third, nineteen hundred and one (Thirty-first Statutes, page ten hundred and fifty-eight), be, and he is hereby, authorized to alienate such portion of said land as he may see fit, not exceeding one hundred and twenty acres, under such rules and regulations as the Secretary of the Interior may prescribe, and any conveyance of such land made by said Fish shall be executed subject to the approval of the Secretary of the Interior.
That the Court of Claims is hereby authorized to hear and adjudicate the claim of Joseph P. T. Fish, an Indian of nonage, born January twenty-first, eighteen hundred and ninety-five, on the Quapaw Reservation, son of Leander J. Fish, a Shawnee by birth, who was duly enrolled on the Quapaw Agency rolls and an allottee of lands therein, to be enrolled and participate in the allotment of lands of the Shawnee-Cherokee Indians, and to have full jurisdiction to hear, try, and determine the claims of said minor child to enrollment, the judgment of said court to be certified to the Secretary of the Interior; and, if the court shall determine that the said minor child is entitled to enrollment with said tribe, the Secretary of the Interior shall cause his name to be so enrolled and lands allotted as to other minor children in said tribe.
For five per centum interest on two hundred and fifty thousand dollars, to be paid as annuity, per eighth article of treaty of August seventh, eighteen hundred and fifty-six, twelve thousand five hundred dollars;
For five per centum interest on two hundred and fifty thousand dollars, to be paid as annuity (they having joined their brethren West),
per eighth article of treaty of August seventh, eighteen hundred and fifty-six; twelve thousand five hundred dollars;
For interest on fifty thousand dollars, at the rate of five per centum per annum, to be paid annually for the support of schools, as per third article of treaty of March twenty-first, eighteen hundred and sixty-six, two thousand five hundred dollars; For interest on twenty thousand dollars, at the rate of five per centum per annum, to be paid annually for the support of the Seminole government, as per same article, same treaty, one thousand dollars;
In all, twenty-eight thousand five hundred dollars.
That the Secretary of the Interior is hereby authorized and directed to pay, out of any money in the Treasury belonging to the Creek Nation, to C. W. Turner, of Muskogee, Indian Territory, Creek warrant numbered twenty-six hundred and seventy-one, drawn on the Creek treasurer on March twelfth, eighteen hundred and ninety-eight, for one thousand dollars, and now unpaid, which said warrant was drawn under an appropriation act of the Creek council, was presented to the Creek treasurer for payment, and is yet unpaid: Provided, That before any payment is made to said Turner he shall prove, to the satisfaction of the Secretary of the Interior, that he is an innocent holder of said warrant and was a purchaser of the same in good faith.
That the Secretary of the Interior is hereby authorized and directed to pay, out of any money in the Treasury of the United States belonging to the Chickasaw Nation, the amount due the State National Bank of Denison, Texas, upon a note given by the governor and treasurer of the Chickasaw Nation, under an act entitled “An act authorizing and requesting the governor and treasurer of the Chickasaw Nation to borrow the sum of twenty-six thousand one hundred and ninety-five dollars and thirty-five cents to pay the expenses of the present session of the legislature, exclusive of the four dollars per day allowed by law for the expenses of the members and officers of the present session of the legislature,” approved by the governor of the Chickasaw Nation on December twentieth, nineteen hundred and five.
That no person who has been, now is, or may hereafter be an employee of the Government under the Commission to the Five Civilized Tribes, or its successor, shall be permitted to practice in any manner as an agent or attorney before the Commissioner to the Five Civilized Tribes within two years after said person shall cease to be an employee of the Government.
That the Secretary of the Interior is authorized, under such rules and regulations as he may prescribe, to continue the publication of the Cherokee Advocate, at Tahlequah, Indian Territory, until June thirtieth, nineteen hundred and seven, and to pay the expense of the same out of the tribal funds of the Cherokee Nation.
That the Court of Claims is hereby authorized and directed to hear and adjudicate the claims against the Choctaw Nation of the heirs of Peter P. Pitchlynn, deceased, and to render judgment thereon in such amounts, if any, as may appear to be equitably due. Said judgment, if any, in favor of the heirs of Pitchlynn, shall be paid out of any funds in the Treasury of the United States belonging to the Choctaw Nation, said judgment to be rendered on the principle of quantum meruit for services rendered and expenses incurred. Notice of said suit shall be served on the governor of the Choctaw Nation, and the Attorney General of the United States shall appear and defend in said suit on behalf of said nation.1
That to enable the Red River Bridge Company, of Denison, Texas, to acquire land necessary to the proper conduct and operation of its property, Wyatt S. Hawkins, an intermarried citizen of the Chickasaw Nation, is hereby authorized to sell and convey the whole or any
part of the homestead allotted to him as such intermarried citizen, and all restriction on the alienation of such homestead imposed by any existing law is hereby removed.
That all restrictions as to the sale, incumbrance, or taxation of the lands heretofore allotted to William P. Ross, of Tahlequah, Maud W. Ross, Edward G. Ross, Mrs. Josephine Rider, William P. Ross of Bartlesville, Nevermore Trainer, Annie C. Bennett, Nathan F. Adams, Annie Potts, and Sam Spade, Famous Dew numbered twenty-eight thousand five hundred, Alexander Procter numbered twenty-eight thousand three hundred and thirty-two, Lizzie Sunday numbered fifteen hundred and twenty-two, Sarah Ooyusuttah numbered twenty thousand three hundred and ninety-nine, Betsy Galcatcher numbered fifteen thousand two hundred and eleven, George W. Bark numbered eighteen thousand five hundred and sixty-five, Nellie Hicks numbered sixty-one hundred and seventy-nine, Charley Ellis numbered twenty-nine thousand five hundred and twenty-five, Tillman England numbered eighteen thousand and three, Taylor Soldier numbered sixty-three hundred and fifteen, Carry Downing numbered eighteen thousand one hundred and sixty-eight, Tyler Tilden numbered sixty-four hundred and forty-one, Lewis Dragger numbered twenty-seven thousand four hundred and seven, Joshua Young numbered sixty-two hundred and ninety-one, all citizens of the Cherokee Nation, Indian Territory, and duly enrolled as such, be, and the same are hereby, removed.
That the restrictions upon the alienation of the homestead of Benjamin Marshall, a Creek Indian, it being the southeast quarter of the southwest quarter of section twenty-eight, township sixteen north, and range seventeen east of the Indian base meridian, in Indian Territory, containing forty acres, be, and the same are hereby, removed. That all restrictions upon the sale of the northeast quarter of the southwest quarter of section fifteen, township ten, range eleven east, in the Creek Nation, the homestead of Martha Lowe, be and hereby are removed: Provided, That the same be sold under direction of the Secretary of the Interior and upon condition that the said Secretary shall retain the proceeds of such sale and disburse the same in such amounts and at such times as he deems advisable. That all restrictions upon the alienation of the west half of the southeast quarter of the southeast quarter and the southeast quarter of the southeast quarter of the southeast quarter of section twelve, township seven, north of range eight, formerly owned by Manda Proctor, deceased Creek Indian, are hereby removed. That all restrictions upon the alienation or leasing of lands held by Sallie Carey, Bell Leverett (née Murrell), Maria Williams (née Jamison), Andrew Wiley and Susie Wiley, mixed blood Creek Indians, and William N. Taliaferro and Mary Estella Taliaferro (his wife), Choctaw allottees, in the Indian Territory, be and the same are hereby removed. That all restriction upon the alienation, leasing, or incumbrance as to the homestead of Nocos Fixico, in the Creek Nation, Indian Territory, be and are hereby removed.
That the restrictions upon the alienation of the homestead of John A. Jacobs, a Creek Indian, it being the southwest quarter of the southwest quarter of section eighteen, township seven north, and range nine east of the Indian base meridian, in Indian Territory, containing forty acres, be, and the same are hereby, removed.
That the Secretary of the Interior be, and he is hereby, authorized to issue a fee-simple patent to Maynard C. Armstrong, Wyandotte allottee numbered fifty-three; William Nichols, Seneca allottee numbered one hundred and eighty-five; Eulala Smith, Wyandotte allottee numbered fifteen; Thomas F. Richardville, Mary Richardville, Katherine R. Simpson, Western Miami Indians, for land heretofore allotted them, and the issuance of said patent shall operate as a removal of all
restrictions as to the sale, incumbrance, or taxation of the lands so patented.
That the Secretary of the Interior is hereby authorized and directed to make practical and exhaustive investigation of the character, extent and value of the coal deposits in and under the segregated coal lands of the Choctaw and Chickasaw Nations, Indian Territory; and the expense thereof, not exceeding the sum of fifty thousand dollars, shall be paid out of the funds of the Choctaw and Chickasaw Nations in the Treasury of the United States: Provided, That any and all information obtained under the provisions of this act shall be available at all times for the use of the Congress and its committees.
For the care and support of insane persons in Indian Territory, to be expended under the direction of the Secretary of the Interior, fifty thousand dollars, or so much thereof as may be necessary: Provided, however, That Indian citizens in said Territory shall be cared for at the asylum in Canton, Lincoln County, South Dakota.
For support and education of eighty Indian pupils, at the Indian school on the Sac and Fox Reservation, Iowa, thirteen thousand three hundred and sixty dollars;
For pay of superintendent, one thousand dollars;
For general repairs and improvements, one thousand five hundred dollars;
In all, fifteen thousand eight hundred and sixty dollars.
For support and education of seven hundred and fifty Indian pupils at the Indian school, Haskell Institute, Lawrence, Kansas, and for transportation of pupils to and from said school, one hundred and thirty-five thousand two hundred and fifty dollars;
For pay of superintendent at said school, two thousand five hundred dollars;
For general repairs and improvements, eight thousand dollars;
For dairy barn, ten thousand dollars, to be immediately available;
For draining and ditching, four thousand five hundred dollars, to be immediately available;
In all, one hundred and fifty-six thousand two hundred and fifty dollars.
For support and education of seventy Indian pupils at the Indian school, Kickapoo Reservation, Kansas, eleven thousand six hundred and ninety dollars;
For pay of superintendent, one thousand three hundred dollars;
General repairs and improvements, one thousand two hundred dollars;
In all, fourteen thousand one hundred and ninety dollars.
For interest in lieu of investment on fifty-seven thousand five hundred dollars, balance of one hundred and fifty-seven thousand five hundred dollars, to July first, nineteen hundred and six, at five per
centum per annum, for education or other beneficial purposes, under the direction of the President, per ninth article of treaty of May seventeenth, eighteen hundred and fifty-four, two thousand eight hundred and seventy-five dollars.
For interest on sixty-four thousand eight hundred and sixty-five dollars and twenty-eight cents, at five per centum per annum, for educational and other beneficial purposes, per treaty of May eighteenth, eighteen hundred and fifty-four, three thousand two hundred and forty-three dollars and twenty-six cents.
For permanent annuity, in silver, per fourth article of treaty of August third, seventeen hundred and ninety-five, three hundred and fifty-seven dollars and eighty cents;
For permanent annuity, in silver, per third article of treaty of September thirtieth, eighteen hundred and nine, one hundred and seventy-eight dollars and ninety cents;
For permanent annuity, in silver, per third article of treaty of October second, eighteen hundred and eighteen, eight hundred and ninety-four dollars and fifty cents;
For permanent annuity, in money, per second article of treaty of September twentieth, eighteen hundred and twenty-eight, seven hundred and fifteen dollars and sixty cents;
For permanent annuity, in specie, per second article of treaty of July twenty-ninth, eighteen hundred and twenty-nine, and second article of treaty of September twentieth, eighteen hundred and twenty-eight, five thousand seven hundred and twenty-four dollars and seventy-seven cents;
For permanent provision for payment of money in lieu of tobacco, iron, and steel, per second article of treaty of September twentieth, eighteen hundred and twenty-eight, and tenth article of treaties of June fifth and seventeenth, eighteen hundred and forty-six, one hundred and seven dollars and thirty-four cents;
For permanent provision for three blacksmiths and assistants, and for iron and steel for shops, per third article of treaty of October sixteenth, eighteen hundred and twenty-six; second article of treaty of September twentieth, eighteen hundred and twenty-eight, and second article of treaty of July twenty-ninth, eighteen hundred and twenty-nine, one thousand and eight dollars and ninety-nine cents;
For permanent provision for fifty barrels of salt, per second article of treaty of July twenty-ninth, eighteen hundred and twenty-nine, fifty dollars;
For interest on two hundred and thirty thousand and sixty-four dollars and twenty cents, at five per centum, in conformity with provisions of article seven of treaties of June fifth and seventeenth, eighteen hundred and forty-six, eleven thousand five hundred and three dollars and twenty-one cents;
In all, twenty thousand five hundred and forty-one dollars and eleven cents.
For interest on one hundred and fifty-seven thousand four hundred dollars, at five per centum, under the direction of the President, per second article of treaty of October twenty-first, eighteen hundred and thirty-seven, seven thousand eight hundred and seventy dollars;
For support of a school, per fifth article of treaty of March sixth, eighteen hundred and sixty-one, two hundred dollars;
In all, eight thousand and seventy dollars.
That the Secretary of the Interior is hereby authorized to sell and convey, under such rules and regulations as he may prescribe, the tract of land located in Kansas City, Kansas, reserved for a public burial ground under a treaty made and concluded with the Wyandotte Tribe of Indians on the thirty-first day of January, eighteen hundred and fifty-five. And authority is hereby conferred upon the Secretary of the Interior to provide for the removal of the remains of persons interred in said burial ground and their reinterment in the Wyandotte Cemetery at Quindaro, Kansas, and to purchase and put in place appropriate monuments over the remains reinterred in the Quindaro Cemetery. And after the payment of the costs of such removal, as above specified, and the costs incident to the sale of said land, and also after the payment to any of the Wyandotte people, or their legal heirs, of claims for losses sustained by reason of the purchase of the alleged rights of the Wyandotte Tribe in a certain ferry named in said treaty, if, in the opinion of the Secretary of the Interior, such claims or any of them are just and equitable, without regard to the statutes of limitation,the residue of the money derived from said sale shall be paid per capita to the members of the Wyandotte tribe of Indians who were parties to said treaty, their heirs, or legal representatives.1
That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, to issue patents in fee simple to the members of the Sac and Fox of Missouri and Iowa tribes of Indians, for the lands heretofore allotted them in Kansas and Nebraska; and the issuance of such patents shall operate to remove all restrictions as to sale, taxation, and incumbrance of the lands so patented.
That the Secretary of the Interior shall cause all the surplus unallotted lands of the Sac and Fox of Missouri tribe to be allotted to those members born since the completion of allotments to said tribe and alive and in being on June thirtieth, nineteen hundred and six, as near as may be an equal quantity of land in acres, and to issue patents therefore in fee simple, or under the provisions of the fifth section of the act of Congress approved February eighth, eighteen hundred and eighty-seven, Twenty-fourth Statutes at Large, page three hundred and eighty-eight, in his discretion.
That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, to issue fee-simple patents to the following parties for the lands heretofore allotted them: John Dupins, Sac and Fox of Iowa allottee, William A. Margrave, Margaret Margrave, William C. Margrave, James T. Margrave, Earl I. Margrave, Julia LeClere, and Wille Connell, Sac and Fox of Missouri allottees numbered sixty, sixty-one, sixty-two, sixty-three, sixty-four, fifty-eight, and twenty-seven, respectively; and the issuance of said patents shall operate as a removal of all restrictions as to the sale, incumbrance, or taxation of the lands so patented.
For support and education of three hundred Indian pupils at the Indian school, Mount Plesant, Michigan, fifty thousand one hundred dollars.
For pay of superintendent of said school, one thousand seven hundred dollars.
For general repairs and improvements, four thousand one hundred dollars.
For storehouse, three thousand dollars.
In all, fifty-eight thousand eight hundred dollars.
To pay to Margaret Bushman, five hundred and forty-seven dollars and ninety cents, being the amount awarded her in eighteen hundred and eighty-six under article two of the treaty of eighteen hundred and sixty-one with the Pottowtomie Indians and not heretofore paid.
That the Secretary of the Interior be, and he is hereby authorized, in his discretion, to cancel the record of the patent issued to Charlotte Nay taw me ge zhick, on the L’Anse Reservation, in Michigan, and to issue at patent of like force and effect to Charles Beneche, a member of said tribe.
For pay of Indian agent at the Leech Lake Agency, Minnesota, one thousand eight hundred dollars.
For pay of Indian agent at White Earth Agency, Minnesota, one thousand eight hundred dollars.
For the support and education of one hundred and fifty Indian pupils at the Indian school, Morris, Minnesota, twenty-five thousand and fifty dollars;
Pay of superintendent, one thousand five hundred dollars;
For general repairs and improvements, two thousand dollars;
In all, twenty-eight thousand four hundred and fifty dollars.
For support and education of two hundred and twenty-five Indian pupils at the Indian school, Pipestone, Minnesota, thirty-seven thousand five hundred and seventy-five dollars;
For pay of superintendent at said school, one thousand six hundred dollars;
For hospital, six thousand dollars;
For improvement to water system, four thousand dollars;
For general repairs and improvements, two thousand dollars;
In all, fifty-one thousand one hundred and seventy-five dollars.
For support of a school or schools upon said reservation, during the pleasure of the President, in accordance with third article of treaty of March nineteenth, eighteen hundred and sixty-seven, four thousand dollars.
Advance interest to the Chippewa Indians in Minnesota, as required by section seven of “An act for the relief of the Chippewa Indians in the State of Minnesota,” approved January fourteenth, eighteen hundred and eighty-nine, to be expended under the direction of the Secretary of the Interior, in the manner required by said act (reimbursable), ninety thousand dollars.
To enable the Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, to carry out an act entitled “An act for the relief and civilization of the Chippewa Indians in the State of Minnesota,” approved January fourteenth, eighteen hundred and eighty-nine, namely, the purchase of material and employment of labor
for the erection of houses for Indians; for the purchase of agricultural implements, stock and seeds, breaking and fencing land; for payment of expenses of delegations of Chippewa, Indians to visit the White Earth Reservation; for the erection and maintenance of day and industrial schools; for subsistence and for pay of employees; for pay of commissioners and their expenses, and for removal of Indians and for their allotments, to be reimbursed to the United States out of the proceeds of sale of their lands, one hundred and fifty thousand dollars.
That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, the sum of one hundred and ninety-seven dollars and fifty cents to Martha A. Allen, widow of Hiram W. Allen, late additional farmer at Red Lake Indian Reservation, Minnesota, said sum being the amount of said Hiram W. Allen’s salary withheld for the third quarter, eighteen hundred and eighty-five: Provided, That the Secretary of the Interior shall first approve said payment.
To enable the Secretary of the Interior to pay to the heirs of Thomas Le Blanc, decesed, Sioux scout, the sum alleged to be due said heirs, nine hundred and one dollars and twenty-three cents.
That the restrictions upon the alienation upon the allotment of James I. Coffey, Chippewa allottee number one hundred and twenty-three, of the Fond du Lac (Minnesota) band, are hereby removed, and patent may issue therefor.
That the Secretary of the Interior is hereby authorized and directed to pay to D. C. Lightbourn, of Ada, Minnesota, the sum of one thousand two hundred and forty-four dollars and forty-five cents; and to George D. Hamilton, of Detroit, Minnesota, the sum of eight hundred and thirty dollars, out of any moneys standing to the credit of the Chippewa Indians, of Mississippi, in payment for bills incurred in advertising; and the said sums are hereby appropriated for said purpose: Provided, That the Secretary of the Interior shall first examine said accounts and approve the same. That the sum of two thousand two hundred dollars, or so much thereof as may be necessary, is hereby appropriated, to settle the account of Charles H. Armstrong on contract numbered one hundred and fifteen for survey of Indian lands in the State of Minnesota.
That there is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, the sum of two thousand and ninety-one dollars and ninety-two cents, and the Secretary of the Treasury is hereby authorized and directed to pay said sum to Alice Fairbanks Mee, administratrix of the late George Fairbanks, formerly a member of the firm of Fairbanks Brothers, assignees of W. R. Spears, of claims against Chippewa Indian loggers on the Red Lake Reservation during the logging season of eighteen hundred and eighty-four and eighteen hundred and eighty-five, said sum to be immediately available: Provided, That Alice Fairbanks Mee shall furnish satisfactory evidence to the Secretary of the Interior that she is the rightful owner of the claim, the amount being a balance due on time checks and supplies furnished said loggers engaged in logging under contract with Frank J. Johnson: Provided further, That no part of the amount to be charged against any funds belonging to the Chippewa Indians.
That the Secretary of the Treasury be, and he is hereby, authorized to return of the several purchasers of the pine timber from the lands of the ceded Chippewa Indian Reservations, in the State of Minnesota, at sales held, or to be held, under the act of January fourteenth, eighteen hundred and eighty-nine, as amended by the act of June twenty-seventh, nineteen hundred and two, such amounts as the Secretary of the Interior may determine, after the scale books have been rechecked, to have been paid by said purchasers on their completed contracts in excess of the correct amount due for the timber cut from the land.
That the Secretary of the Interior is hereby authorized to pay from the proceeds of the sale of timber on ceded Chippewa lands in Minnesota, under the act of June twenty-seventh, nineteen hundred and two, to the superintendet of logging appointed under said act four dollars and to his assistant superintendent two dollars and fifty cents per diem in lieu of subsistence while on duty, said allowances for subsistence to date from the date of appointment of such superintendent and assistants.
That for the purpose of preserving the living and growing timber on the ten sections of land in the Chippewa of the Mississippi Indian Reservation, in the State of Minnesota, reserved from sale or settlement in accordance with the provisions of the act of January fourteenth, eighteen hundred and eighty-nine, as amended by the act of June twenty-seventh, nineteen hundred and two, the Secretary of the Interior, under such rules and regulations as he shall prescribe, may sell, at not less than a minimum price to be fixed by the Secretary of the Interior, the down timber, both merchantable and unmerchantable, the latter to be sold as cord wood, on said ten section, as well as the hay on the meadow lands therein. Prior to the sale the timber shall be suitably designated by the superintendent of logging or one of the assistant superintendents of logging, appointed under the act of June twenty-seventh, nineteen hundred and two, for which no additional compensation shall be allowed, or by some person designated by the Secretary of the Interior. Payment for the timber and for the hay shall be made to the Indian agent at the Leech Lake Agency, and the money arising therefrom, after defraying the expenses incident to the sale, shall be placed in the Treasury of the United States to the credit of all the Chippewa Indians in the State of Minnesota, as a part of the permanent fund provided for by section seven of the act of January fourteenth, eighteen hundred and eighty-nine. Notice of the proposed sale shall be given for not less than thirty days in at least two newspapers having a general circulation in the county in which the ten sections are situated. Should no bid be accepted for the timber, or any part thereof, the Secretary of the Interior may permit, under rules and regulations to be prescribed by him, the use for firewood of the unmerchantable down timber on said ten sections, free of charge, by bona fide settlers and residents not residing on said ten sections.
That section five of an act entitled “An act for the relief and civilization of the Chippewa Indians in the State of Minnesota,” as amended by the act of Congress approved on the twenty-seventh day of June, nineteen hundred and two, entitled “An act to amend an act entitled ‘An act for the relief and civilization of the Chippewa Indians in the State of Minnesota,’ approved January fourteenth, eighteen hundred and eighty-nine,” is hereby amended in line ninety-two by inserting after the word “lakes” the words “excepting Cooper Island in Cass Lake,” and in line ninety-four, after the word “Interior,” by inserting the sentence “And Cooper Island in Cass Lake composed of the following-described pieces of land situate in the State of Minnesota, to wit, lots one and two of section twenty-five; lot one of section twenty-six; the southeast quarter of the southeast quarter, and lots five and six of section twenty-seven; lots one, two, three, and four of section thirty-four; the west half of the northwest quarter, the north-west quarter of the southwest quarter, the southeast quarter of the southwest quarter, and lots one, two, three, four, five, six, seven, and eight of section thirty-five; lots one, two, three, and four of section thirty-six; all in township one hundred and forty-six north, range thirty-one west; also lot one of section one; lots one, two, three, and four of section two, of township one hundred and forty-five north, range thirty-one west, is hereby reserved for and granted to the State
of Minnesota, to be used as a State forest reserve or public park, upon condition that if at any time the State shall cease to use the said island so reserved and granted for forest reserve or park purposes the title to the same shall be forfeited and shall revert to the United States”: Provided, That the Secretary of the Interior is authorized to convey the same to the State of Minnesota for such consideration and under such terms as may be agreed upon between said Secretary and the governor of said State.
That the Secretary of the Interior is hereby authorized to cause to be made a drainage survey of the lands ceded by the Chippewa Indians in the State of Minnesota under the act of Congress entitled “An act for the relief and civilization of the Chippewa Indians in the State of Minnesota,” approved January fourteenth, eighteen hundred and eighty-nine, and an act entitled “An act to authorize the sale of a part of what is known as the Red Lake Indian Reservation, in the State of Minnesota,” approved February twentieth, nineteen-hundred and four which remain unsold, and are wet, overflowed or swampy in character, with a view to determining what portions thereof may be profitably and economically reclaimed by drainage, the number, location, cost, and extent of drainage ditches, canals, or improved natural water courses required to afford drainage outlets; and whether a sufficient fund for such improvement could be provided by an increase in the price at which such unsold ceded lands should be sold in the future, and the sum of fifteen thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of paying for the expenses of said survey and carrying the foregoing provision into effect: Provided, That said amount shall be reimbursable from any funds in the Treasury belonging to said Indians derived from the sale of lands under said act: Provided further, That the Secretary of the Interior in his discretion may withdraw said unsold ceded lands, or any portion thereof, from sale and entry pending the survey herein provided for or pending the improvement contemplated thereby.
That all restrictions as to sale, incumbrance, or taxation for allotments within the White Earth Reservation in the State of Minnesota, now or hereafter held by adult mixed-blood Indians, are hereby removed, and the trust deeds heretofore or hereafter executed by the department for such allotments are hereby declared to pass the title in fee simple, or such mixed bloods upon application shall be entitled to receive a patent in fee simple for such allotments; and as to full bloods, said restrictions shall be removed when the Secretary of the Interior is satisfied that said adult full-blood Indians are competent to handle their own affairs, and in such case the Secretary of the Interior shall issue to such Indian allottee a patent in fee simple upon application.1
For pay of Indian agents in Montana at the following-named agencies at the rates respectively indicated, namely:
At the Blackfeet Agency, Montana, one thousand eight hundred dollars.
At the Crow Agency, Montana, one thousand eight hundred dollars.
At the Flathead Agency, Montana, one thousand five hundred dollars.
For support and civilization of the Indians at Fort. Belknap Agency, Montana, including pay of employees, twenty thousand dollars.
For support and civilization of the Crow Indians in Montana, including pay of employees, eight thousand dollars.
For support and civilization of Indians at Flathead Agency, Montana, including pay of employees, nine thousand dollars.
For support and civilization of the Indians at Fort Peck Agency in Montana, including pay of employees, fifty thousand dollars.
For general incidental expenses of the Indian Service in Montana, including traveling expenses of agents, two thousand five hundred dollars.
For last of nine installments, to be disposed of as provided in article two of the agreement with the Indians of the Blackfeet Reservation, ratified by act approved June tenth, eighteen hundred and ninety-six, one hundred and fifty thousand dollars.
For the last of twenty-five installments, as provided in agreement with the Crows, dated June twelfth, eighteen hundred and eighty, to be used by the Secretary of the Interior in such manner as the President may direct, thirty thousand dollars;
For pay of physician, as per tenth article of same treaty, one thousand two hundred dollars;
For pay of carpenter, miller, engineer, farmer, and blacksmith, as per tenth article of same treaty, three thousand six hundred dollars;
For pay of second blacksmith, as per eighth article of same treaty, one thousand two hundred dollars;
In all, thirty-six thousand dollars.
For subsistence and civilization, as per agreement with the Sioux Indians approved February twenty-eight, eighteen hundred and seventy-seven, including subsistence and civilization of Northern Cheyennes removed from Pine Ridge Agency to Tongue River, Montana, ninety thousand dollars;
For pay of physician, two teachers, two carpenters, one miller, two farmers, a blacksmith, and engineer, per seventh article of the treaty of May tenth, eighteen hundred and sixth-eight, nine thousand dollars;
In all, ninety-nine thousand dollars.
For the purchase of heifers and bulls for the Indians on the Northern Cheyenne Indian Reservation. Tongue River Agency, Montana, thirty thousand dollars: Provided, That the expenditure of this money shall be under the direction of the Secretary of the Interior, who shall purchase the cattle and regulate their distribution according to such rules and regulations as in his discretion he may deem best.
That the act of April twenty-third, nineteen hundred and four (Thirty-third Statutes at Large, page three hundred and two), entitled “An act for the survey and allotment of lands now embraced within the limits of the Flathead Indian Reservation, in the State of Montana, and the sale and disposal of all surplus lands after allotment,” as amended by section nine of the act of March third, nineteen hundred and five (Thirty-third Statutes at Large, page one thousand and forty-eight), be amended by adding the following sections:
“SEC. 17. That the Secretary of the Interior is hereby authorized and directed to reserve and set aside for town-site purposes, and to survey, lay out, and plat into town lots, streets, alleys, and parks not less than forty acres of said land at or near each of the present set–
tlements of Arlee, Dayton, Ravalli, Dixon, and Ronan, and not less than eighty acres of the present settlements of Saint Ignatius and Polson, and at such other places as the Secretary of the Interior may deem necessary or convenient for town sites, in such manner as will best subserve the present needs and the reasonable prospective growth of said settlements.
“Such town sites shall be surveyed, appraised, and disposed of as provided in section twenty-three hundred and eighty-one of the United States Revised Statutes: Provided, That any person who, at the date when the appraisers commence their work upon the land, shall be an actual resident upon any one such lot and the owner of substantial and permanent improvements thereon, and who shall maintain his or her residence and improvements on such lot to the date of his or her application to enter, shall be entitled to enter, at any time prior to the day fixed for the public sale and at the appraised value thereof, such lot and any one additional lot of which he or she may also be in possession and upon which he or she may have substantial and permanent improvements: Provided further, That before making entry of any such lot or lots the applicant shall make proof, to the satisfaction of the register and receiver of the land district in which the land lies, of such residence, possession, and ownership of improvements, under such regulations as to time, notice, manner, and character of proof as may be prescribed by the Commissioner of the General Land Office, with the approval of the Secretary of the Interior: Provided further, That in making their appraisal of the lots so surveyed, it shall be the duty of the appraisers to ascertain the names of the residents upon and occupants of any such lots, the character and extent of the improvements thereon, and the name of the reputed owner thereof, and to report their findings in connection with their report of appraisal, which report of findings shall be taken as prima facie evidence of the facts therein set out. All such lots not so entered prior to the day fixed for the public sale shall be offered at public outcry in their regular order, with the other unimproved and unoccupied lots. That no lot shall be sold for less than ten dollars: And provided further, That said lots, when surveyed, shall approximate fifty by one hundred and fifty feet in size.
“SEC. 18. That the Secretary of the Interior is hereby authorized and directed to reserve and set aside one hundred and sixty acres of land at and surrounding the present hot springs, situated on said reservation near the settlement of Camas.
“That said hot springs and the said one hundred and sixty acres of land last mentioned shall be under the control and direction of the Secretary of the Interior, under such rules and regulations as he may prescribe, but any and all moneys that shall be derived from such use shall be for the benefit of the persons holding tribal relations with said tribes of Indians, the same to be disbursed as provided in section thirteen of this act.
“SEC. 19. That nothing in this act shall be construed to deprive any of said Indians, or said persons or corporations to whom the use of land is granted by the act, of the use of water appropriated and used by them for the necessary irrigation of their lands or for domestic use or any ditches, dams, flumes, reservoirs constructed and used by them in the appropriation and use of said water.
“SEC. 20. That there is hereby appropriated, for the survey, appraisement, and sale of said town sites, out of any money in the Treasury not otherwise appropriated, the sum of fifteen thousand dollars, or so much thereof as may be necessary, the same to be reimbursable out of the funds arising from the sale of said lands: Provided, That the persons employed or detailed under this appropriation shall
be allowed therefrom while on duty a per diem in lieu of subsistence, at a rate to be fixed by the Secretary of the Interior, not exceeding three dollars per day each, and actual necessary expenses for transportation, including necessary sleeping-car fares.”
For support and education of three hundred Indian pupils at the Indian school, Genoa, Nebraska, fifty thousand one hundred dollars;
For pay of superintendent of said school, one thousand seven hundred dollars;
For general repairs and improvements, six thousand dollars;
In all, fifty-seven thousand eight hundred dollars.
For interest on eight hundred and four thousand nine hundred and nine dollars and seventeen cents, at five per centum per annum, per fourth article of treaty of November first, eighteen hundred and thirty-seven, forty thousand two hundred and forty-five dollars and forty-five cents; and the Secretary of the Interior is hereby directed to expend said interest for the support, education, and civilization of said Indians; to be expended in such manner and to whatever extent that he may judge to be necessary and expendient for their welfare and best interest.
For interest on seventy-eight thousand three hundred and forty dollars and forty-one cents, at five per centum per annum, to be expended under the direction of the Secretary of the Interior for the erection of houses, improvement of their allotments of land, purchase of stock, agricultural implements, seeds, and other beneficial objects, three thousand nine hundred and seventeen dollars and two cents;
In all, forty-four thousand one hundred and sixty-two dollars and forty-seven cents.
That the Secretary of the Interior be, and he is hereby, authorized and directed, under such rules and regulations as he may prescribe, to pay to the Santee Sioux Indians in Nebraska and the Ponca Indians in Nebraska the shares of said Indians in the principal permanent fund appropriated and placed in the Treasury of the United States to the credit of the Sioux Nation of Indians by the seventeenth section of the act of Congress approved March second, eighteen hundred eighty-nine (Statutes at Large, volume twenty-five, page eight hundred and ninety-five): Provided, That the shares of minors until they become of age, and the shares of incompetents, shall remain in the Treasury, and the interest on such shares may, in the discretion of the Secretary of the Interior, be paid to the parents or legally appointed guardians of such minors and incompetents under such regulations as he may prescribe; or he may direct that the share of any minor or incompetent to be paid to the parent or legal guardian, on the recommendation of the Commissioner of Indian Affairs, if deemed necessary for their best interests: Provided further, That the Secretary of the Interior may withhold any of the payments herein provided for if in his judgment it would be to the best interests of the member entitled to said payment to do so. And so much of the act of April twenty-first, nineteen hundred and four (volume thirty-three, Statutes at Large, page two hundred and one), as relates to retaining minors’ and incompetents’ shares in the Treasury is hereby amended so as to permit the shares of the tribal trust funds belonging to minors or incompetents to be paid in like manner to the parents or legal guardians.
That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, to issue fee-simple patents to the following parties for the lands heretofore allotted them: Reuben Cabana, Lewis Dick, Margaret La Flesche Diddock, Henry Warner, Roy Owens, D. Stabler, Ne ka ga he, or Noah La Flesche, Taingena Cook, James B. Atkin, Omaha allottees; Millie Neff, Sac and Fox allottee; Louis Dick and Ida C. Shott, Elsie Grace Pilcher, William H. Campbell, Henry Guitar, Harriet L. Pilcher, Me khu bae, or Anna Mary Walker, Omaha allottees numbered nine hundred and sixty-two, nine hundred and sixteen, four hundred and ninety-two, eight hundred and ninety-two, four hundred and twenty, three hundred and sixty-six, and three hundred and sixty-nine, respectively; David Saint Cyr, Daniel Rice, Alexander Saint Cyr, Charles Raymond, Louis Armell, Louis Saint Cyr, Mrs. Elsie E. Paulson, nee Perry, Mrs. Henrietta Lemmon, and Henry Lemmon, Winnebago allottees numbered two hundred and forty-eight, four hundred and nineteen, one hundred and thirty-nine, three hundred and thirty-eight, two hundred and thirty-seven, two hundred and forty-five, five hundred and nine, one hundred and thirty-two, and one hundred and thirty-six, respectively; Mary Whiting, Ponca (Nebraska) allottee numbered eleven; Rosa Baker, Emma M. Post, Mary Knudsen, Bertha F. Knudsen, Buffalo Chip, White Dog, Frank Sherman, Runs Bowing or William Elk, William Bear, and Mary Lesor, Ponca (Nebraska) allottees numbered thirty-nine, one hundred and six, twenty, two, one hundred eighty-eight, eighty-four, ninety-five, and one hundred and thirty-three, respectively; Josephine Amell, Winnebago allottee numbered two hundred and thirty-five; Zally Rulo, Ponca (Nebraska) allottee numbered eighty-three; George W. Dupuis, Koyakewin, William Holmes, Mary Rockwood, Henry Ross, Frank H. Young, Samuel Baskin, John Hoffman, David Thomas, Joseph Coursoll, junior, Samuel Thomas, Cecilia Coursoll, Julia Rouillard, Frederick A. Dupuis, Alemia Jones, Eliza Rouillard, Edward Mackey, Andrew Jackson Felix, David Mazakute, Henry Felix, Wakinyangi or Samuel, Alfred Dupuis, Samuel Campbell, Mary Coursoll, Thomas Whipple, Jannie Cox, Reuben H. Cahney, Sarah Sheridan, Tae hu tam be or Harvey Warner, Ge u ka or Charles Stabler, Peter Felix, junior, Him han skaden or Thomas Whiteowl, Dennie Felix, James Hemans, Charles Wicanhpidutawin, Bushman Chapman, Wacanga, George Goodteacher, Asdohewin, John Halfiron, David Boy, Hupojanjanwin, Samuel Stone, Andrew Sherman, Wospimaniwin, Phillip Webster, Joseph Paypay, Sarah Jones, Cantanna or Thomas Whipple, Wihaki or Lina Whipple, Thomas Rouillard, Samuel Whipple, August Trudell, John Ross, and Joseph Samuels, Santee Sioux allottees numbered one hundred and ninety-five, thirty-two, eight hundred and thirty-nine, one hundred and seventy-nine, seven hundred and fifty-eight, ninety-nine, eight hundred and forty-four, three hundred and fifty-nine, four hundred and twenty-seven, fifty-three, four hundred and twenty-five, seventy-six, eight hundred and thirty-one, seventy-one, eight hundred and sixteen, eight hundred and thirty, six hundred and seventy-seven, seven hundred and ten, three hundred and ninety-four, seven hundred and nine, three hundred and eighty-six, one hundred and ninety-four, eight hundred and twenty-one, seventy-four, eight hundred and seven, two hundred and forty-six, three hundred and fourteen, two hundred and ninety-two, five hundred and eight, three hundred and ninety-six, seven hundred and eight, four hundred and sixty-eight, seven hundred and fourteen, three hundred and sixty-three, three hundred and seventy-five, six hundred and fifty, fifteen, one hundred, three hundred and forty-four, two hundred and four, seven hundred and eighty-eight, three hundred and forty-nine, three hundred and eleven, three hundred and seventy-
nine, fifty, three hundred and twenty-six, four hundred and seventy-two, one hundred and twenty-six, eight hundred and nine, eight hundred and ten, eight hundred and twenty-eight, three hundred and ninety-six, five hundred and forty-eight, five hundred and thirteen, and eight hundred and twenty-six, respectively; Edward Blacksmith, Maud N. Dupuis, Louis Frenier, Nagiiyoptewin, David Whale, Charles Hedges, allottee numbered forty-six; John B. Wapaha, allottee numbered two hundred and thirty-four; Samuel Hoffman, allottee numbered three hundred and forty-three, Santee Sioux schedule; Fannie Baker, Rosebud Sioux allottee numbered one, Sioux Ceded Tract; James Garvie, Santee allottee numbered fifteen; and the issuance of said patents shall operate as a removal of all restrictions as to the sale, incumbrance, or taxation of the lands so patented.
That the Secretary of the Interior be, and he is hereby, authorized in his discretion to issue a fee-simple patent to Demas Eastman, a Santee Sioux allottee numbered eight hundred and thirty-seven, and the issuance of said patent shall operate as a removal of all restrictions as to the sale, incumbrance, or taxation of the land so patented.
That the Secretary of the Interior may in his discretion issue patent in fee to Good Hawk, Ponca (Nebraska) allottee numbered one hundred and ninety-nine, for such portion of the land allotted him as he may so approve, to be sold under direction of said Secretary; and the issuance of said patent shall operate to remove all restrictions as to the sale, incumbrance, or taxation of the land so patented.
That John Oldman, Santee Sioux allottee numbered one hundred and sixty-two and one hundred and sixty-three, to whom a patent has been issued containing restrictions on alienation, may sell and convey his allotment, but such conveyance shall be subject to the approval of the Secretary of the Interior, and when so approved shall convey full title to the purchaser the same as if a final patent without restrictions had been issued to the allottee.
For support and civilization of the Indians of the Western Shoshone Agency, Nevada, including pay of employees, eight thousand dollars.
For support and education of three hundred Indian pupils at the Indian school at Carson City, Nevada, fifty thousand one hundred dollars;
For pay of superintendent at said school, one thousand eight hundred dollars;
For general repairs and improvements, three thousand dollars;
For addition to schoolhouse, five thousand dollars;
For employees’ cottages, three thousand dollars;
For moving and rebuilding barn, one thousand dollars;
In all, sixty-three thousand nine hundred dollars.
For general incidental expenses of the Indian Service in Nevada, including traveling expenses of agents, and support and civilization of Indians located on the Piute, Walker River, and Pyramid Lake Reservations, five thousand dollars;
And pay of employees, including physician at the Walker River Reservation, four thousand dollars;
In all, nine thousand dollars.
That in addition to the allotment in severalty of lands in the Walker River Indian Reservation in the State of Nevada, and the selection and setting apart for the use in common of the Indians nonirrigable graz-
ing lands therein, as provided by the joint resolution of June nineteenth, nineteen hundred and two (Thirty-second Statutes, page seven hundred and forty-four), the Secretary of the Interior shall, before any of said lands are open to disposition under any public land law, select and set apart for the use in common of the Indians of said reservation such tract or tracts of timber land therein at one or more places as will subserve the reasonable requirements of said Indians for fuel and improvements.
For the purpose of purchasing from the State of Nevada lots two, three, and four, section thirteen, township forty-seven north, range thirty-eight east, Mount Diablo meridian (forty-eight and eight hundredths acres), for allotment to Pah Ute Indians in connection with adjoining public lands, seventy dollars, or as much thereof as may be necessary.
For support and education of three hundred Indian pupils at the Indian school at Albuquerque, New Mexico, fifty thousand one hundred dollars;
For pay of superintendent of said school, one thousand eight hundred dollars;
For improvements to water supply, three thousand five hundred dollars;
General repairs and improvements, five thousand dollars;
In all, sixty thousand four hundred dollars.
For support and education of three hundred Indian pupils at the Indian school at Santa Fe, New Mexico, fifty thousand one hundred dollars;
For pay of superintendent at said school, one thousand eight hundred dollars;
For water supply, one thousand five hundred dollars;
For general repairs and improvements, five thousand dollars;
For bakery, one thousand dollars;
For addition to warehouse, two thousand dollars;
In all, sixty-one thousand four hundred 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 said attorney, five hundred dollars;
In all, two thousand dollars.
That the sum of fifteen thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to construct an additional building for dining room and other purposes at the Indian school at Santa Fe, New Mexico.
For general incidental expenses of the Indian Service in New Mexico, including traveling expenses of agents, one thousand dollars.
For pay of Indian agent at the New York Agency, New York, one thousand dollars.
For pay of physician, New York Agency, six hundred dollars.
For permanent annuity, in lieu of interest on stock, per act of February nineteenth, eighteen hundred and thirty-one, six thousand dollars;
For interest, in lieu of investment, on seventy-five thousand dollars, at five per centum, per act of June twenty-seventh, eighteen hundred and forty-six, three thousand seven hundred and fifty dollars; For interest, at five per centum, on forty-three thousand and fifty dollars transferred from the Ontario Bank to the United States Treasury, per act of June twenty-seventh, eighteen hundred and forty-six, two thousand one hundred and fifty-two dollars and fifty cents; In all, eleven thousand nine hundred and two dollars and fifty cents.
For permanent annuity, in clothing and other useful articles, per sixth article of treaty of November eleventh, seventeen hundred and ninety-four, four thousand five hundred dollars.
For support and education of one hundred and sixty pupils at the Indian school at Cherokee, North Carolina, twenty-six thousand seven hundred and twenty dollars;
For pay of superintendent of said school, one thousand five hundred dollars;
For general repairs and improvements, two thousand five hundred dollars;
In all, thirty thousand seven hundred and twenty dollars.
For pay of Indian agent at the Standing Rock Agency, North Dakota, one thousand eight hundred dollars.
For support and civilization of Sioux of Devils Lake, North Dakota, five thousand dollars.
For support and civilization of Indians at Fort Berthold Agency, in North Dakota, including pay of employees, twenty thousand dollars.
For support and civilization of Turtle Mountain Band of Chippewas, North Dakota, including seeds, thirteen thousand dollars.
For support and education of three hundred and twenty-five Indian pupils at the Indian school, Fort Totten, North Dakota, fifty-four thousand two hundred and seventy-five dollars.
For pay of superintendent at said school, one thousand seven hundred dollars.
For general repairs and improvements, five thousand dollars.
In all, sixty thousand nine hundred and seventy-five dollars.
For the support and education of one hundred Indian pupils at the Indian school at Wahpeton, North Dakota, sixteen thousand seven hundred dollars.
For pay of superintendent on said school, one thousand five hundred dollars.
For minor improvements, five thousand dollars.
For purchasing live stock and equipment of building, six thousand dollars, or so much thereof as may be necessary.
In all, twenty-nine thousand two hundred dollars.
For general incidental expenses of the Indian Service in North Dakota, including traveling expenses of agents at three agencies, one thousand dollars.
That the Secretary of the Interior is hereby authorized to pay to the Devils Lake Sioux Indians of North Dakota, in addition to any one of installments of thirty thousand dollars provided by article three of the act approved April twenty-seventh, nineteen hundred and four, the sum of fifty-seven thousand eight hundred and seventy-four dollars and eighty-seven cents, or so much as may be available from the proceeds of the sales of their ceded lands, being the amount of the deficit of the one hundred and forty-five thousand dollars authorized by said act as the first payment.
That a part of the land reserved by general order numbered seventeen of the War Department, dated August twenty-eighth, eighteen hundred and seventy-six, for military purposes, but now abandoned, and subject to disposal under the act of Congress approved July fifth, eighteen hundred and eighty-four (Twenty-third Statutes at Large, page one hundred and three), to wit: Part of sections thirty and thirty-one, township one hundred and fifty-three north, range sixty-five west, and part of sections twenty-five, twenty-six, twenty-seven, thirty-five, and thirty-six, in township one hundred and fifty-three north, range sixty-six west (known as Graham’s Island), in the State of North Dakota, be, and the same is hereby, restored to the public domain and declared to be public of the United States: Provided, That the lands so restored shall, in the discretion of the Secretary of the Interior, be held for a period of twelve months, subject to allotments to the Turtle Mountain Band of Chippewa Indians, in accordance with the provisions of the amended agreement with said band approved April twenty-first, nineteen hundred and four (Thirty-third Statutes at Large, page one hundred and ninety-four).
For completing the surveys on the Standing Rock Indian Reservation in North Dakota, six thousand five hundred dollars.
And for expenses in connection therewith in the office of the surveyor general for North Dakota and for the examination of said surveys, three thousand dollars.
In all, nine thousand five hundred dollars.
That until otherwise provided by law, all water for the use of the Indian school located at Bismarck, North Dakota, shall be furnished by the Bismarck Water Company at such price as may be agreed upon between said company and the Secretary of the Interior, not exceeding thirty cents per thousand gallons. And there is hereby appropriated for the purchase of such water, for the year ending June thirtieth, nineteen hundred and seven, the sum of four hundred dollars, or so much thereof as may be necessary.
That Michael Okinyanwastena, Devils Lake allottee numbered two hundred and seven; Johnnie Heikoyagmani, Devils Lake allottee numbered two hundred and nine; and Wasicuka, Devils Lake allottee numbered five hundred and twenty-six, to whom trust patents have been issued containing restriction on alienation, may self and convey all or part of their allotments under such rules and regulations as the Secretary of the Interior may prescribe, and any conveyances made hereunder shall be subject to his approval and when so approved shall convey full title to the purchasers the same as if a final patent without restrictions had been issued to the respective allottees.
That the Secretary of the Interior be, and he is hereby, authorized in his discretion to cancel the patents for lands allotted to the following Indians of the Devils Lake Indian reservation, North Dakota, namely: Tiidezewin, numbered one thousand and fifty-one; Thomas Buhinhda, numbered eleven hundred and eighteen; Yiowastewin, numbered eleven hundred and nineteen; Kasto, numbered one thousand and ninety-six; Wicite, numbered one thousand and ninety-seven; Sungode, numbered one thousand and eighty-nine; Hetahuna, numbered one thousand and ninety-nine; Hicahewicazena, numbered eleven hundred; Thomas Kasto, numbered eleven hundred and two; Wamditowin, numbered eleven hundred and one; Wajunhunta, numbered eleven hundred and twenty-six; Napewastowin, numbered eleven hundred and twenty-seven; Hutopawin, numbered eleven hundred and twenty-eight; Baptiste Wajunhunta, numbered eleven hundred and twenty-nine; Wickatena, numbered eleven hundred and thirty; and Ohiya, numbered eleven hundred and thirty-one.
For pay of Indian agents in Oklahoma at the following-named agencies at the rates respectively indicated, namely:
At the Kiowa Agency, Oklahoma Territory, one thousand eight hundred dollars.
At the Osage Agency, Oklahoma Territory, one thousand eight hundred dollars.
For support and civilization of the Apaches, Kiowas, Comanches, Wichitas, and affiliated bands who have been collected in the reservations set apart for their use and occupation, twenty-five thousand dollars.
For support and civilization of the Arapahoes and Cheyennes who have been collected on the reservations set apart for their use and occupation, thirty-five thousand dollars.
For support and civilization of the Kansas Indians, Oklahoma Territory, including agricultural assistance and pay of employees, one thousand five hundred dollars.
For support and civilization of the Kickapoo Indians in Oklahoma Territory, two thousand dollars.
For support and civilization of the Ponca Indians, including pay of employees, nine thousand dollars.
For support and education of seven hundred Indian pupils at the Indian school at Chilocco, Oklahoma, one hundred and sixteen thousand nine hundred dollars;
For pay of superintendent at said school, three thousand dollars;
For general repairs and improvements, ten thousand dollars;
For dynamo and electric extensions, five thousand dollars;
For steam boilers, three thousand dollars;
For cottage, one thousand two hundred dollars;
In all, one hundred and thirty-nine thousand one hundred dollars: Provided, that the Commissioner of Indian Affairs, under such rules and restrictions as he may prescribe, subject to the approval of the Secretary of the Interior, is hereby authorized to lease such portion of the Chilocco Indian School Reservation as may not be required for school-farming purposes, and apply the proceeds to the maintenance and support of said school.
That the Secretary of the Interior be, and he is hereby, authorized to sell, in such a manner as he may deem best, for cash, twenty acres of land, described as the south half of the northeast quarter of the
southeast quarter of section thirty-six, township ten north, range three east of the Indian Meridian in Oklahoma, and apply the proceeds to the improvement of the Shawnee Indian Training School.
For the first of five installments, fourth series, to be paid per capita as provided in the seventh article of the agreement ratified by the act approved February thirteenth, nineteen hundred and one, one thousand eight hundred dollars.
To enable the Secretary of the Interior to anticipate five installments of the fourth series and five installments of the fifth series due the Iowa Indians in Oklahoma under the seventh article of the agreement ratified by the act approved February thirteenth, eighteen hundred and ninety-one, fifteen thousand dollars; to be immediately available and paid per capita in cash or expended otherwise for their benefit, under such rules and regulations as he may prescribe.
That the Secretary of the Interior be, and he hereby is, directed to immediately cause to be paid to those Kicking Mexican, Kickapoo allottees, who under the act of Congress of March third, eighteen hundred and ninety-three, elected to leave in the Treasury their share of the funds provided for in Article V of said act, the sum of money to their credit, together with interest thereon, as provided by said act, and as also provided by the act of June tenth, eighteen hundred and ninety-six; the shares of minors to be paid to the parents or next of kin having the care and custody of said minors, the shares of deceased persons to be paid to their heirs; all of said payments to be made upon claim through the First National Bank or the Border National Bank, of Eagle Pass, Texas, except that the Kickapoos now residing in Oklahoma may receive their shares through the United States Indian agent at Shawnee, Oklahoma, if they so desire; and for the purpose of carrying this provision into effect there is hereby appropriated the sum of forty thousand dollars, or so much thereof as may be necessary, out of any funds in the Treasury of the United States not otherwise appropriated, the same to be immediately available.
All restrictions as to sale and incumbrance of all lands, inherited and otherwise, of all adult Kickapoo Indians, and of all Shawnee, Delaware, Caddo, and Wichita Indians who have heretofore been or are now known as Indians of said tribes, affiliating with said Kickapoo Indians now or hereafter nonresident in the United States, who have been allotted land in Oklahoma or Indian Territory are hereby removed: Provided, That any such Indian allottee who is a nonresident of the United States may lease his allotment without restriction for a period not exceeding five years: Provided further, That the parent or the person next of kin having the care and custody of a minor allottee may lease the allotment of said minor as herein provided, except that no such lease shall extend beyond the minority of said allottee.
For interest on sixty-nine thousand one hundred and twenty dollars, at five per centum per annum, being value of fifty-four sections of land set apart by treaty of June second, eighteen hundred and twenty-five, for educational purposes, per Senate resolution of January ninth, eighteen hundred and thirty-eight, three thousand four hundred and fifty-six dollars.
For perpetual annuity, which is to be paid in cash to them, per second article of treaty of September twenty-fourth, eighteen hundred and fifty-seven, and agreement of November twenty-third, eighteen hundred and ninety-two, article three, thirty thousand dollars;
For support of two manual-labor schools, per third article of same treaty, of September twenty-fourth, eighteen hundred and fifty-seven, ten thousand dollars;
For pay of one farmer, two blacksmiths, one miller, one engineer and apprentices, and two teachers, as per fourth article of same treaty, five thousand four hundred dollars;
For pay of physician and purchase of medicines, one thousand two hundred dollars;
For purchase of iron and steel and other necessaries for the shops, as per fourth article of treaty of September twenty-fourth, eighteen hundred and fifty-seven, five hundred dollars;
In all, forty-seven thousand one hundred dollars.
For permanent annuity, in goods or otherwise, per third article of treaty of November third, eighteen hundred and four, one thousand dollars;
For interest on two hundred thousand dollars, at five per centum, per second article of treaty of October twenty-first, eighteen hundred and thirty-seven, ten thousand dollars;
For interest on eight hundred thousand dollars, at five per centum, per second article of treaty of October eleventh, eighteen hundred and forty-two, forty thousand dollars: Provided, That the sum of one thousand five hundred dollars of this amount shall be used for the pay of a physician and for purchase of medicine;
In all, fifty-one thousand dollars.
That the Secretary of the Interior is hereby authorized and directed, under such rules and regulations as he may prescribe, to pay to the Sac and Fox Indians in Oklahoma, per capita, in cash, or to expend otherwise for their benefit, the sum of fifty thousand dollars out of the amount of money now to their credit in the United States Treasury, to be immediately available.
That the boundary line between the Creek Nation, Indian Territory, and the Territory of Oklahoma, as surveyed by Frederick W. Bardwell in eighteen hundred and seventy-one, and reestablished by the Geological Survey in eighteen hundred and ninety-five and eighteen hundred and ninety-six is hereby declared to be the west boundary line of the Creek Nation.
That Tah lah to ti, or Emma Saumty, Kiowa allottee numbered ten hundred and twenty-five, to whom a trust patent has been issued containing restrictions upon alienation, may sell and convey not exceeding five acres of her allotment for a cemetery site; but such conveyance shall be subject to the approval of the Secretary of the Interior, and when so approved shall convey full title to the purchaser the same as if a final patent without restrictions has been issued to the allottee.
That the Secretary of the Interior be, and he is hereby, authorized and directed, in his discretion, to cancel the fee-simple patent issued June twenty-fourth, nineteen hundred and five, to W. E. Hardy, Amelia Clavier, Melinda Harris, William Hardy, and W. F. S. Hardy, heirs of Victoria Hardy, deceased, a member of the Kansas Tribe of Indians, for the land heretofore allotted to her in Oklahoma Territory, described as follows: Lot six, in section seven, and the north half of the southwest quarter of section eight, in township twenty-seven
north, range four east; and the west half of the southwest quarter and the northwest quarter of section twenty-one, in township twenty-eight north, range five east, of the Indian meridian, all on the Kansas Reservation, in Oklahoma; and he is hereby authorized and directed to issue a patent in fee simple to W. E. Hardy, Amelia Clavier, Melinda Harris, William Hardy, W. F. S. Hardy, D. W. Hardy, G. M. C. Hardy, and Lee Cross Hardy, heirs of Victoria Hardy, deceased, late a member of the Kansas Tribe of Indians in Oklahoma, for the lands heretofore allotted to her as a member of said tribe of Indians, and described as follows: Lot six of section seven, the north half of the southwest quarter and the southeast quarter of the southwest quarter of section eight, in township twenty-seven north, of range four east, of the Indian meridian, containing one hundred and fifty-five acres; and the west half of the southwest quarter and the northwest quarter of section twenty-one, in township twenty-eight north, of range five east, of the Indian meridian, containing two hundred and forty acres; all on the Kansas Indian Reservation, in the Territory of Oklahoma.
That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, to cancel a patent issued to Annie Adams, Wichita allottee numbered eight hundred and forty-two, on the thirty-first day of December, nineteen hundred and one, and allot forty acres of the land covered thereby to Ots se kuddy kid dah hay, Wichita allottee numbered five hundred and twenty-six, and cause a patent to be issued therefor, in accordance with the provisions of the act of Congress approved March second, eighteen hundred and ninety-five.
That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, to cancel the patent to Margaret Bourassa, Citizen Pottawatomie allottee numbered thirteen hundred and thirty-six, and to allot the lands covered thereby to some member or members of the Citizen Band of Pottawatomie Indians who have failed to receive an allotment, although legally entitled thereto; the patent issued December thirty-first, nineteen hundred and one, in the name of James Longhat, Wichita allottee numbered five hundred and eighty-two, and he is further authorized to cause the land covered thereby to be allotted to Gertrude Lamb, a member of the Wichita Tribe of Indians who failed to receive an allotment, although legally entitled thereto.
That all restrictions as to sale and incumbrance as to the lands heretofore allotted in Oklahoma to Frank Shincis and Josephine Barone, absentee Shawnee allottees numbered twenty-nine and thirty-two, Emily Bertrand as to the northwest quarter of section fifteen, township six north of range one east, and the heirs of Gertrude E. Collister as to the south half of section fifteen, town six north of range one east of the Indian meridian in Oklahoma, are hereby removed.
That any missionary society or religious organization now occupying, under proper authority, for religious or educational work among the Indians, any of the lands in the Territory of Oklahoma heretofore ceded to the United States by the Indians theretofore occupying the same, and reserved to such societies or organizations for such religious uses on the schedules of allotments approved by the Secretary of the Interior, shall have the right for two years within which to make application for a patent therefor; and the Secretary of the Interior is hereby authorized and directed, upon such application, to issue patents in fee to such religious societies or organizations, severally, for the lands so occupied, not to exceed one hundred and sixty acres to any one institution: Provided, That where such Indians, in their agreement under which the lands were ceded and allotted, reserved to themselves a reversionary interest in such lands, such religious society or organization shall pay therefor a fair valuation to be fixed by the Secretary of the Interior, not to be less than the price paid such Indians by the United States for the lands so ceded, and the proceeds there–
from shall be placed to the credit of the tribes or bands by whom such lands were ceded.
That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, to issue fee-simple patents to the following parties for the lands heretofore allotted them: Frank O. Jones, Sac and Fox allottee numbered ten, Per Mam Su or Comanche Jack, Comanche allottee numbered two thousand and twenty-five, Mary McCoy, Sac and Fox allottee, Isaac McCoy, Ottawa allottee, Minnie Plumb, Mississippi Sac allottee numbered five hundred and forty-six, Victoria Ezell (née Bradley), Glen Bradley, Alexander B. Peltier, Lincoln Kennedy, John B. Bruno, Lucy A. Lourane, Zoe Rhodd, Nellie Finley, Eliza J. Neiswender, Davis Hardin, Daniel Chilsom, Amanda Nadeau (née Toupin), R. W. Dike, Doshia E. Phillips (née Kennedy), Joseph Bertrand, Benjamin Bertrand, Dan. O’Brien, Philip Wickens, and William Frapp, Citizen Pottawatomie allottees numbered one hundred and eighty, one hundred and eighty-two, one hundred and thirteen, thirteen hundred and fifty-one, one hundred and twenty-one, two hundred and ten, one hundred and four, five hundred and sixty-three, seventeen, forty-one, seven hundred and two, ninety-eight, seven hundred and thirty-eight, three hundred and seventy-one, one hundred and forty, seven hundred and seventy-two, seven hundred and seventy-four, one hundred and nine, and five hundred and eighty-three, respectively; Albert M. Glardy, John B. Bergeron, Catherine Peltier, and Anthony Bourbonnais, Junior, Citizen Pottawatomie allottees in Oklahoma numbered thirteen hundred and sixty-three, thirty-seven, and thirty-four, respectively; Julia Lazelle and Phillip Wickens, Citi zen Pottawatomie allottees numbered one hundred and seventeen and five hundred and eighty-three, respectively; heir of Horace P. Jones, Kiowa allottee numbered two thousand three hundred and fifty-six; and the issuance of said patents shall operate as a removal of all restrictions as to the sale, incumbrance, or taxation of the lands so patented.
The jurisdiction is hereby conferred upon the Court of Claims to hear and determine the claim for services rendered by Clement N. Vann and William P. Adair, late of the Indian Territory, to the Osage Nation of Indians, in defeating a treaty between the said nation and the United States, executed in eighteen hundred and sixty-eight, commonly known as the “Drum Creek treaty,” and certain proposed legislation injurious to the Csage Indians for the sale of their lands in Kansas, and in procuring the enactment of other legislation favorable to said Indians for the sale of said lands.
That a petition may be filed by the executor or administrator of the estates of said Adair and Vann, respectively, in said court within forty days from the approval of this act against the Osage Nation of Indians, and service of said petition shall be had by delivering a copy thereof to the Secretary of the Interior and to the governor or principal chief of said nation, with a notice to answer within the time herein prescribed; and said answer shall be field in said court within ninety days after the service of the petition.
The court may receive and consider all papers, depositions, records, and documents heretofore filed either in said court or the Executive Departments of the Government, together with any other evidence offered by either party to the case, and shall render a judgment or decree against the Osage Nation of Indians for such amount, if any, as the court shall find legally or equitably due for the services of said Adair and Vann, either upon contract or upon a quantum meruit, provided said court shall determine that a plea of quantum meruit may be interposed and considered, not exceeding one hundred and eighty thousand dollars. The court shall enter judgment for the total amount found to be due, if any, and shall specify therein the amounts
payable to any person or persons under any contract or assignment made since September twenty-sixth, nineteen hundred and two, covering any portion of said claim.
Said cause shall be advanced on the calendar of said court. The amount for which judgment may be rendered by the Court of Claims, when paid to the parties named in said judgment, shall be received in full and final settlement of the claim for said services of said Adair and Vann against said nation of Indians: Provided, That the Osage tribe be, and are hereby, authorized to employ counsel, with the consent of the Secretary of the Interior, to represent them in said cause.1
That the Secretary of the Interior be, and he is hereby, authorized and directed to pay, out of the funds of the Otoe and Missouri Indians, of Oklahoma Territory, the sum of one hundred and eighty-two dollars and fifty cents to the Choctaw, Oklahoma and Gulf Railroad Company for five tickets from Oklahoma City to Washington, District of Columbia, furnished members of said tribe, the payment of which has been asked by the council of said tribe.
That the Secretary of the Interior is hereby authorized and directed to pay to Lorenzo A. Bailey six thousand one hundred and fifty-five dollars and twenty-two cents, out of any money in the Treasury of the United States belonging to the Csage Nation or Tribe of Indians, for his retainer fee and his contingent fee in the Watson Stewart case, under his contract with said nation bearing date February twentyninth, nineteen hundred and four, and such further sum as the Court of Claims may hereafter determine to be a fair and reasonable fee to him under said contract.
That the Indian appropriation act of March third, nineteen hundred and one (Thirty-first Statutes, page one thousand and sixty-five), be amended so as to read as follows: “That it shall be unlawful hereafter for the traders upon the Osage Indian Reservation to give credit to any individual Indian, head of a family, to an amount greater than seventy-five per centum of the next quarterly annuity to which such Indian will be entitled.”2
For support and civilization of the Klamaths, Modocs, and other Indians of the Klamath Agency, Oregon, including pay of employees, five thousand dollars.
For support and civilization of the confederated tribes and bands under Warm Springs Agency, and for pay of employees, four thousand dollars.
For support and civilization of the Walla Walla, Cayuse, and Umatilla Tribes, Oregon, including pay of employees, three thousand dollars.
Whereas James McLaughlin, an Indian inspector for and on behalf of the Secretary of the Interior, under and by virtue of an act of Congress approved July first, eighteen hundred and ninety-eight (Thirtieth United States Statute Laws, page five hundred and seventy-one), 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-nine, and for other purposes,” did, on the seventeenth day of June, nineteen hundred and one, make and conclude an agreement with the Klamath and Modoc Tribes and Yahooskin Band of Snake Indians, residing on the Klamath Indian Reservation, in the State of Cregon, which agreement is as follows:
This agreement, made and entered into on the seventeenth day of June, nineteen hundred and one, by and between James McLaughlin, U. S. Indian inspector, on the part of the United States, and the Klamath and Modoc Tribes and Yahooskin Band of Snake Indians, belonging to the Klamath Indian Agency, in the State of Oregon, witnesseth:1
ARTICLE I. The said Klamath and other Indians belong to the Klamath Agency, Oregon, for the consideration hereinafter named, do hereby cede, surrender, grant, and convey to the United States all their claim, right, title, and interest in and to all that part of the Klamath Indian Reservation lying between the boundaries described in the treaty with said Indians concluded October fourteenth, eighteen hundred and sixty-four, and proclaimed February seventeenth, eighteen hundred and seventy, as confirmed by the Klamath boundary commission in their report to the Secretary of the Interior, dated December eighteenth, eighteen hundred and ninety-six, and the reservation boundary lines as established by the survey approved in eighteen hundred and eighty-eight by the General Land Office, the tract of land hereby ceded and relinquished comprising six hundred and twenty-one thousand eight hundred and twenty-four acres.
ARTICLE II. In consideration of the land ceded, relinquished, and conveyed by Article I of this agreement, and in full of all claims and demands of said Klamath and other Indians arising or growing out of the erroneous survey of the outboundaries of their reservation in eighteen hundred and seventy-one, the United States stipulates and agrees to pay to and expend for said Indians, in the manner herein after provided, the sum of five hundred and thirty-seven thousand and seven dollars and twenty cents ($537,007.20), being at the rate of eighty-six and 36/100 (.86 36/100) cents per acre, the price awarded for said lands by the Klamath boundary commissioners in their report to the Secretary of the Interior, dated December eighteenth, eighteen hundred and ninety-six.
ARTICLE III. It is agreed that of the amount to be paid to the said Klamath and other Indians, as stipulated in Article II of this agreement, the sum of twenty-five thousand dollars shall be paid in cash pro rata, share and share alike, to each man, woman, and child belonging to said Klamath, and other tribes and under the jurisdiction of the Klamath Indian Agency, within one hundred and fifty days from and after the date of the ratification of this agreement, and the sum of three hundred and fifty thousand dollars shall be deposited in the Treasury of the United States to the credit of said Indians, and shall draw interest at the rate of five per centum per annum, which interest shall be paid to said Indians annually per capita in cash, and that the remainder of said sum of five hundred and thirty-seven thousand and seven dollars and twenty cents, after the payment of the legal fees of attorneys having duly approved contracts, shall be expended for the benefit of said Indians, under the direction of the Secretary of the Interior, upon requisition of the Indians through the U. S. Indian agent, in the drainage and irrigation of their lands, and the purchase of stock cattle for issue to said Indians, and for such other purposes as may, in his opinion, best promote their welfare: Provided, That beneficiaries whose allotments will not be benefited by the irrigation systems constructed under this provision shall not bear any of the expense of such irrigation construction, and shall, as nearly as practicable, receive an equivalent in value of the stock cattle or other articles herein contemplated, that each beneficiary may thus receive his or her proportionate share of the benefits of this provision: And provided further, That in addition to the interest on the fund deposited in the U. S. Treasury, the Secretary of the Interior may, in his discretion,
expend for the benefit of said Indians, including reasonable cash payments per capita, not to exceed ten per centum per annum of the principal fund, upon a majority of the male adult Indians of Klamath Agency petitioning for same through the Commissioner of Indian Affairs.
ARTICLE IV. It is understood that nothing in this agreement shall be construed to deprive the said Klamath and other Indians of the Klamath Agency of any benefits to which they are entitled under existing treaties, not inconsistent with the provisions of this agreement.
ARTICLE V. This agreement shall take effect and be in force when signed by U. S. Indian Inspector James McLaughlin, and by a majority of the male adult Indians, parties thereto, and when approved by the Secretary of the Interior and accepted and ratified by the Congress of the United States.
For the purpose of carrying into effect the foregoing agreement the sum of five hundred and thirty-seven thousand and seven dollars and twenty cents is hereby appropriated out of any money in the Treasury not otherwise appropriated, and the said agreement is hereby ratified and confirmed. Of the said sum so appropriated, three hundred and fifty thousand dollars shall be deposited in the Treasury of the United States to the credit of said Indians and the remainder shall be expended as provided in the third article of said agreement.
That the Secretary of the Interior be, and is hereby, authorized, in his discretion, to exchange the whole of the odd numbered sections and parts thereof in the Klamath Indian Reservation in the State of Oregon, now held in private ownership under the final decree and decision of the Supreme Court of the United States, affirming the title of the California and Oregon Land Company thereto, in the suit of the United States against said company as reported in volume one hundred and ninety-two, at page three hundred and fifty-five, of the decisions of said court, and aggregating one hundred and eleven thousand three hundred and eighty-five acres, for other lands not exceeding eighty-seven thousand acres, situate in one or more compact bodies, in townships thirty-one and thirty-two south, of ranges eleven, twelve, and thirteen east in said reservation, said lands so taken in exchange to be selected, subject to the approval of the Secretary of the Interior; and in order to facilitate such exchange and the development of the lands to be so taken thereunder there may also be selected in like manner and as part of the quantity aforesaid other lands in said reservation for the location, construction, and operation of mills and power plants, and with the right to construct railroads, dams, reservoirs, and power-transmission lines, subject to the provisions of existing law and such rules and regulations as the Secretary of the Interior may prescribe thereunder. And when such exchange is effected patents for the lands so selected and approved shall issue therefor.
For support and education of six hundred Indian pupils at the Indian school, Salem, Oregon, one hundred thousand two hundred dollars;
For pay of superintendent at said school, two thousand dollars;
For general repairs and improvements, including construction of viaduct, five thousand dollars;
For bakery and equipment, four thousand dollars;
In all, one hundred and eleven thousand two hundred dollars.
For general incidental expenses of the Indian Service in Oregon, including traveling expenses of agents, and support and civilization of Indians of Grande Ronde and Siletz agencies, three thousand dollars;
Pay of employees at the same agencies, three thousand dollars;
In all, six thousand dollars.
For pay of teachers and for manual-labor schools, and for all necessary materials therefor, and for the subsistence of the pupils, per second article of treaty of December twenty-first, eighteen hundred and fifty-five, three thousand dollars.
That the Secretary of the Interior is hereby authorized and directed to investigate as to the validity of the following claims against the United States, namely, the claims, respectively, of the Waukikum bands of the Chinook Indians of the State of Washington, of the Nuc que clah we muck band of the Chinook Indians of the State of Oregon, of the Chehalis tribe of Indians of the State of Washington, and of the Wheelappa band of the Chinook Indians of the State of Washington; and to report said investigation, with such recommendation as he may deem proper.
That the Secretary of the Interior is hereby authorized subject to such regulations as he may prescribe, to permit owners of sheep and cattle to cross the Umatilla Indian Reservation, in the State of Oregon, with their flocks in going to and returning from summer ranges.
For support and education at Indian school at Carlisle, Pennsylvania, for transportation of pupils to and from said school, and for general repairs and improvements, one hundred and fifty-eight thousand five hundred dollars, three thousand five hundred dollars of which shall be made immediately available;
For additional salary for superintendent in charge, one thousand dollars;
For cottage for physician, two thousand five hundred dollars;
For new hospital, ten thousand dollars, and the amount of ten thousand dollars for addition to hospital, act of March third, nineteen hundred and five, is hereby reappropriated for this purpose;
In all, one hundred and seventy-two thousand dollars.
For pay of Indian agents in South Dakota at the following-named agencies at the rates respectively indicated, namely:
At the Cheyenne River Agency, one thousand eight hundred dollars;
At the Crow Creek Agency, one thousand six hundred dollars;
At the Lower Brulé Agency, one thousand four hundred dollars;
At the Pine Ridge Agency, one thousand eight hundred dollars;
At the Rosebud Agency, one thousand eight hundred dollars;
At the Sisseton Agency, one thousand five hundred dollars;
At the Yankton Agency, one thousand six hundred dollars.
For the support and education of two hundred Indian pupils at the Indian school at Chamberlain, South Dakota, thirty-three thousand four hundred dollars;
For pay of superintendent of said school, one thousand six hundred dollars;
For general repairs and improvements, for fire house and equipment, for two reservoirs or water tanks, and for changing sewer, twelve thousand dollars, to be immediately available;
In all, forty-seven thousand dollars.
For support and education of three hundred and seventy-five Indian pupils at the Indian school at Flandreau, South Dakota, sixty-two thousand six hundred and twenty-five dollars;
For pay of superintendent of said school, one thousand eight hundred dollars;
For general repairs and improvements, and for cement veneer for old buildings, and for industrial and domestic school building, seventeen thousand dollars; two thousand five hundred dollars to be immediately available;
New silo, and equipment thereof, two thousand dollars, to be immediately available;
In all, eighty-three thousand four hundred and twenty-five dollars.
For support and education of one hundred and fifty Indian pupils at the Indian school at Pierre, South Dakota, twenty-five thousand and fifty dollars;
For pay of superintendent of said school, one thousand five hundred dollars;
For general repairs and improvements, toilet facilities, fencing farm, and moving buildings, six thousand dollars, two thousand dollars of which is to be immediately available;
For artesian well, water system, and irrigation plant, ten thousand dollars;
In all, forty-two thousand five hundred and fifty dollars.
For support and education of two hundred and fifty Indian pupils at the Indian school, Rapid City, South Dakota, forty-one thousand seven hundred and fifty dollars;
For pay of superintendent, one thousand six hundred dollars;
For office building, three thousand dollars;
For general repairs and improvements, two thousand dollars;
For the purchase of one thousand acres of land and springs and water right for a permanent water supply for the Indian school at Rapid City, South Dakota, eight thousand six hundred and fifty dollars;
In all, fifty-seven thousand dollars.
For general incidental expenses of the Indian Service in South Dakota, including traveling expenses of agents at seven agencies, three thousand dollars.
For pay of five teachers, one physician, one carpenter, one miller, one engineer, two farmers, and one blacksmith, per thirteenth article of treaty of April twenty-ninth, eighteen hundred and sixty-eight, ten thousand four hundred dollars;
For pay of second blacksmith, and furnishing iron, steel, and other material, per eighth article of same treaty, one thousand six hundred dollars;
For pay of additional employees at the several agencies for the Sioux in Nebraska and Dakota, eighty-five thousand dollars;
For subsistence of the Sioux, and for purposes of their civilization, as per agreement ratified by act of Congress approved February
twenty-eighth, eighteen hundred and seventy-seven, six hundred thousand dollars: Provided, That this sum shall include transportation of supplies from the termination of railroad or steamboat transportation, and in this service Indians shall be employed whenever practicable: And provided further, That the number of rations issued shall not exceed the number of Indians on each reservation, and any excess in the number of rations issued shall be disallowed in the settlement of the agent’s account: Provided further, That the unexpended balance for the fiscal year nineteen hundred and six is hereby appropriated and made available for nineteen hundred and seven;
For support and maintenance of day and industrial schools, including erection and repairs of school buildings, in accordance with article seven of the treaty of April twenty-ninth, eighteen hundred and sixty-eight, which article is continued in force for twenty years by section seventeen of the act of March second, eighteen hundred and eighty-nine, two hundred and twenty-five thousand dollars;
In all, nine hundred and twenty-two thousand dollars.
For eighteenth of twenty installments (last series), to be paid to them or expended for their benefit, per fourth article of treaty of April nineteenth, eighteen hundred and fifty-eight, fifteen thousand dollars;
For subsistence and civilization of Yankton Sioux, heretofore provided for in appropriations under “Fulfilling treaty with Sioux of different tribes,” and so forth, thirty thousand dollars; In all, forty-five thousand dollars.
In all, forty-five 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 water system, three thousand five hundred dollars. to be immediately available.
In all, twenty-eight thousand five hundred dollars.
That the sum of five thousand dollars be, and the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to enable the Secretary of the Interior to put down an artesian well or wells at or near Lake Andes, on the Yankton Indian Reservation, South Dakota, at such place or places as he may determine, for the purpose of supplying said Indians with water for domestic purposes, for stock, and for irrigation purposes.
For clerical work and stationery in the office of the United States surveyor-general required on surveys within the Pine Ridge Indian Reservation, South Dakota, the sum of three thousand two hundred dollars, and for the completion of the survey of said reservation, one thousand dollars. In all, four thousand two hundred dollars.
That jurisdiction be, and hereby is, conferred upon the Court of Claims in Congressional case numbered twenty-two thousand five hundred and twenty-four, on file in said court, entitled “The Sisseton and Wahpeton Bands of Sioux Indians against the United States,” to further receive testimony, hear, determine, and render final judgment in said cause, for balance, if any is found due said bands, with right of appeal as in other cases, for any annuities which would be due to said bands of Indians under the treaty of July twenty-third, eighteen hundred and fifty-one (Tenth Statutes at Large, page nine hundred and forty-nine), as if the act of forfeiture of the annuities of said bands, approved February sixteenth, eighteen hundred and sixtythree, had not been passed; and to ascertain and set off against
the amount found to be due to said Indians, if any, all payments or other provisions of every name or nature made to or for said bands by the United States, or to or for any members thereof, since said act of forfeiture was passed, which are properly chargeable against said unpaid annuities.
Upon the rendition of such judgment and in conformity therewith the Secretary of the Interior is hereby directed to determine which of said Indians now living took part in said outbreak and to prepare a roll of the persons entitled to share in said judgment by placing on said roll the names of all living members of the said bands residing in the United States at the time of the passage of this act, excluding therefrom the names of those found to have participated in the outbreak; and he is directed to distribute the proceeds of such judgment, except as hereinafter provided, per capita to the persons borne on the said roll; and the court shall consider the evidence now on file in said cause in connection with such other evidence as may hereafter be adduced therein, and the said cause shall be advanced on the docket of the Court of Claims and of the Supreme Court of the United States if the same shall be appealed; and the court shall fix and determine, after full hearing, the amount that shall be deemed reasonable and just to be paid to the attorneys for said Indians for services rendered or to be rendered in said cause, and the court may consider all contracts or agreements heretofore entered into by said Indians with attorneys who have represented them in the matter of their claim, and the Secretary of the Treasury is hereby directed to pay the said sum of money to the said attorneys immediately upon the rendition of final judgment, out of the proceeds of said judgment, if any, when an appropriation for the payment thereof is made by Congress.1
To enable the President to cause, 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 purposes,” to be allotted the lands in said separate reservations as provided in said act, including the necessary resurveys, seven thousand five hundred dollars.
That the Secretary of the Treasury be, and he is hereby, authorized and directed to allow Bertha D. Staley, administratrix of the estate of James Staley, deceased, credit in the sum of four hundred and seventy-five dollars and sixty-three cents in the settlement of the accounts of said James Staley, deceased, late superintendent Indian training school, Yankton Agency, South Dakota, and special disbursing agent.
That Yuhunhunzewin, Sisseton, and Wahpeton allottee numbered eight hundred and sixty-three, to whom a trust patent has been issued containing restrictions upon alienation, may sell and convey any part of her allotment, but such conveyance shall be subject to the approval of the Secretary of the Interior, under such rules and regulations as he may prescribe, and when so approved shall convey full title to the purchaser the same as if a final patent without restriction had been issued to the allottee.
That for the purpose of allowing any Indian allottee to sell for town-site purposes any portion of the lands allotted to him the Secretary of the Interior may, by order, remove restrictions upon the alienation of such lands and issue fee-simple patents therefor under such rules and regulations as he may prescribe.
That upon the recommendation of the Commissioner to the Five Civilized Tribes and with the approval of the Secretary of the Interior any allottee in the Indian Territory may be permitted to survey and plat at his own expense for twon-site purposes his allotment when
the same is located along the line of any railroad where stations are located.
That the Secretary of the Interior be, and he is hereby, authorized and directed to investigate the allotments made to It ko ki po pi or Joshua, John Joshua, Thomas Bull, Sarah Bull, and Lillie Bull, Yankton Sioux allottees numbered eleven hundred and thirty-nine, eleven hundred and forty, eleven hundred and thirty-six, eleven hundred and thirty-seven, and eleven hundred and thirty-eight, respectively; and if he becomes satisfied that there did not in fact exist said allottees or any of them at the time the said allotments were made, he is hereby authorized and directed to reallot the lands embraced in said allotments to the members of the Yankton Tribe who were entitled to allotment but failed to receive lands when the Indians of said tribe were allotted lands in severalty.
That the restrictions contained in terms or by provisions of law then in force, upon the patent issued on the tenth day of June, eighteen hundred and eighty-nine, to Angelique Dupuis, on the following-described property, to wit: The south half of the southeast quarter of section seventeen and the north half of the northeast quarter of section twenty, township one hundred and twenty-four north, of range fifty west, principal meridian, in the Territory (now the State) of South Dakota, be, and the same are hereby, removed; and the heirs of the said Angelique Dupuis are hereby vested with title in fee simple in and to said land, and authorized to sell and convey the same, subject to the laws of the State of South Dakota relating to the estates of decedents.
That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, to issue fee-simple patents to the following parties for the lands heretofore allotted to them: Collins La Monte, allottee numbered eight hundred and thirty-seven; Mrs. Artie Barber, allottee numbered five hundred and seventy-four; Mrs. Mary S. Rouse, Ellen Young, Julia D. Picotte, and Joseph Leonard Smith, Yankton Sioux allottees numbered five hundred and ninety-seven, eleven hundred and three, eight hundred and ninety-seven, two hundred and forty-nine (and four hundred and eighty-eight), respectively; Charles Henry Bonnin, Mercy Conger Bonnin, Joseph Shunk Laroche, Julia Shunk Laroche, Hermine Shunk, Alexander Shunk, William Shunk, Yankton Sioux allottees, and Jennie Quinn, a Sisseton and Wahpeton allottee, and the issuance of said patents shall operate as a removal of all restrictions as to the sale, encumbrance, or taxation of the lands so patented.
That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, to issue fee-simple patents to the following parties for the lands heretofore allotted to them: Daniel Dowan, Annie B. White, William B. Robertson, Henry Red Earth, Samuel Quinn, Jennie M. Bailly, Sarah La Batte, John La Batte, Mason S. La Batte, Mary Wynde, Viola Moore, formerly Viola Faribault, Joseph R. Brown, junior, Amanda Brown, and Arthur Gray Cloud, Sisseton and Wahpeton allottees, and the issuance of said patents shall operate as a removal of all restrictions as to the sale, encumbrance, or taxation of the lands so patented.
That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, to issue fee-simple patents to the heir or heirs of Charles E. Vandel, Arthur M. Vandel, James E. Vandel, Yankton Sioux Indians, deceased, for the land heretofore alloted them; and the issuance of said patents shall operate as a removal of all restrictions as to the sale, incumbrance, or taxation of the lands so patented.
That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, to issue fee-simple patent to Wanyanka Mani, or
Reverend Luke C. Walker, for the land heretofore allotted to him on the Sioux ceded tract, and the issuance of said patent shall operate as a removal of all restrictions as to the sale, incumbrance, or taxation of the lands so patented.
That Johah Iromwhip, allottee numbered ninety-seven; Amos Sitoka, allottee numbered twelve hundred and fourteen; Sunrise, allottee numbered eight hundred and eighty-five; Josephine Brunot, allottee numbered six hundred and fifteen; John Wahcahunka, allottee numbered one thousand and twenty-five; Tunkasapa, or Joseph T. Cook, Anpaodutawin, or Mary Ann Langlois, Yankton Sioux allottees to whom trust patents have been issued containing restrictions on alienation, may sell and convey not exceeding forty acres of their allotments; but such conveyance shall be subject to the approval of the Secretary of the Interior, and when so approved shall convey 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 is hereby, authorized, in his discretion, to issue fee simple patents to the following parties for the lands heretofore allotted them: Frances Ree, Victoria McBride, Peter Picotte, Louis Shunk, Frank La Rochelle, Louise Barbier Moran, Kate Marion Barbier, Peter La Grande; Lucy S. Patton, Joseph Dubray, Frederick Barbier, and Marie Barbier, Yankton Sioux allottees numbered two hundred and twenty-eight, four hundred and sixty-two, one hundred and sixty-two, one thousand and thirty-eight, eight hundred and seventeen, one thousand four hundred and sixteen, one thousand three hundred and fifty-six, seven hundred and seventy-six, one thousand and seven, one thousand and forty, one thousand three hundred and fifty-four, seven hundred and seventy-nine, two hundred and forty-two, and seven hundred and eighty, respectively; Louise Cutschall, née Herman, Rosebud allottee numbered six hundred and forty-three; George W. Dripps, Yankton Sioux allottee numbered fourteen hundred and thirty-five; Joseph Volin, Yankton allottee numbered eleven hundred and twenty-nine; and the issuance of said patents shall operate as a removal of all restrictions as to the sale, incumbrance, or taxation of the lands so patented; William Jandrin, Yankton Sioux allottee numbered eleven hundred and forty-seven, Louise Ange and Angel Ange Bagan, Sisseton and Wahpeton allottees, heirs of Louis Dechon, Alexis V. Renville, William M. Weatherstone, Daisy Rice, Mary S. Weatherstone, James Weatherstone, Ada Cloutier, Ralph Weatherstone, and Joseph La Fromboise, Sisseton and Wahpeton allottees numbered two hundred and fifteen, ten hundred and seventy, thirteen hundred, thirteen hundred and seven, twelve hundred and ninety-six, thirteen hundred and one, two hundred and twelve, and seven hundred and twenty-four (two numbers), twelve hundred and ninety-nine, and thirteen hundred and thirty-seven, respectively; and the issuance of said patents shall operate as a removal of all restrictions as to the sale, incumbrance, or taxation of the lands so patented.
For payment to fifteen Sioux Indians of Pine Ridge Agency, South Dakota, for property taken from them in the year eighteen hundred and seventy-six by the United States military authorities for reasons of military expediency, while they were in amity with the Government, the names of the Indians and amounts to be paid to each having heretofore been found by the Department of the Interior and reported in estimates for appropriations required for the service of the fiscal year ending June thirtieth, nineteen hundred and five, and prior years, by the Indian Service, the sum of six thousand three hundred and twenty dollars.
For pay of Indian agent at the Uintah and Ouray Agency, Utah (consolidated), one thousand eight hundred dollars.
That the Secretary of the Interior is hereby authorized, in his discretion, to sell, at such price as he may deem fair and reasonable, one hundred and sixty acres of land of the tract now occupied by the Shebit Indians in Washington Country, Utah, to the Utah and Eastern Copper Company, including the twenty acres of land leased by the Secretary of the Interior to the said Utah and Eastern Copper Company on November fifth, nineteen hundred and three, under the authority of the Indian appropriation act, “approved March third, nineteen hundred and three; and the Secretary of the Interior is hereby authorized to make, execute, and deliver proper deeds of conveyance therefor and to expend the proceeds of the sale for the use and benefit of the Shebit Indians in such manner as he may deem best: Provided, That said deed shall contain the following conditions or covenants, to wit: Prohibiting the sale or use of intoxicating liquor on any part of the land sold so long as the adjoining territory is used for an Indian reservation, and also prohibiting the pollution of the water after it leaves the smelters of the Utah and Eastern Copper Company, and also prohibiting the commission of nuisances of any kind whatsoever on the tract of land sold.
For support and education of seventy-five pupils at the Panguitch Indian school in southern Utah, twelve thousand five hundred and twenty-five dollars;
Pay of superintendent, nine hundred dollars;
General repairs and improvements, four thousand dollars;
For warehouse, two thousand dollars;
In all, nineteen thousand four hundred and twenty-five dollars.
For general incidental expenses of the Indian Service in Utah, including traveling expenses of agents, one thousand dollars.
For constructing irrigation systems to irrigate the allotted lands of the Uncompahgre, Uintah, and White River Utes in Utah, the limit of cost of which is hereby fixed at six hundred thousand dollars, one hundred and twenty-five thousand dollars which shall be immediately available, the cost of said entire work to be reimbursed from the proceeds of the sale of the lands within the former Uintah Reservation: Provided, That such irrigation systems shall be constructed and completed and held and operated, and water therefor appropriated under the laws of the State of Utah, and the title thereto until otherwise provided by law shall be in the Secretary of the Interior in trust for the Indians, and he may sue and be sued in matters relating thereto: And provided further, That the ditches and canals of such irrigation systems may be used, extended, or enlarged for the purpose of conveying water by any person, association, or corporation under and upon compliance with the provisions of the laws of the State of Utah: And provided further, That when said irrigation systems are in successful operation the cost of operating same shall be equitably apportioned upon the lands irrigated, and, when the Indians have become self-supporting, to the annual charge shall be added an amount sufficient to pay back into the Treasury the cost of the work done, in their behalf, within thirty years, suitable deduction being made for the amounts received from disposal of the lands within the former Uintah Reservation.
For pay of two carpenters, two millers, two farmers, and two blacksmiths, as per tenth article of treaty of October seventh, eighteen hundred and sixty-three, and fifteenth article of treaty of March second, eighteen hundred and sixty-eight, six thousand seven hundred and twenty dollars;
For pay of two teachers, as per same article of same treaty, one thousand eight hundred dollars;
For purchase of iron and steel and the necessary tools for blacksmith shop, per ninth article of same treaty, two hundred and twenty dollars;
For annual amount for the purchase of beef, mutton, wheat, flour, beans, and potatoes, or other necessary articles of food, as per twelfth article of same treaty, thirty thousand dollars;
For pay of employees at the several Ute agencies. fifteen thousand dollars;
In all, fifty-three thousand seven hundred and forty dollars.
That the act 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 four, and for other purposes,” approved March third, nineteen hundred and three, be amended by adding after the words “Uintah County, Utah,” in the thirty-fourth line of page nine hundred and ninety-eight of part one of volume thirty-two of the United States Statutes at Large, the words “or in the office of the county recorder of Wasatch County, Utah, or with the recorder of the mining district in which such mining claims are situate,” and by adding after the words “Uintah County,” in the fortieth line of page nine hundred and ninety-eight of part one of volume thirty-two of the United States Statutes at Large, the words “or Wasatch County”: Provided, however, That where patents have been issued prior to March third, nineteen hundred and three, upon locations made prior to January first, eighteen hundred and ninety-one, of mining claims within the said Uncompahgre Reservation, said patents are hereby validated and confirmed as against any claim or title of the United States.
That the Secretary of the Interior may authorize the Indians of the former Uintah Reservation, in the State of Utah, to cut and sell cedar and pine timber for posts or fuel from the tracts reserved for grazing purposes for said Indians under joint resolution of June nineteenth, nineteen hundred and two, in such quantities and upon such terms and under such rules and regulations as the said Secretary of the Interior may prescribe.
For the purchase of lands and sheep for the San Juan Pah-Ute Indians, five thousand dollars.
For the support and civilization of the Kaibab Indians in Utah, and for the purchase and acquiring of land and water, together with the necessary farming implements and machinery and live stock for their use, ten thousand five hundred dollars, to be immediately available.
For the support and education of one hundred and twenty Indian pupils at the school at Hampton, Virginia, twenty thousand and forty dollars
For pay of Indian agent at the Colville Agency, Washington, one thousand five hundred dollars;
For support and civilization of the D’Wamish and other allied tribes in Washington, including pay of employees, five thousand dollars;
For support and civilization of the Makahs, Washington, including pay of employees, two thousand dollars;
For support and civilization of the Qui-nai-elts and Quil-leh-utes, including pay of employees, one thousand dollars;
For support and civilization of Yakimas, and other Indians at said agency, including pay of employees, five thousand dollars;
For general incidental expenses of the Indian Service in Washington, including traveling expenses of agents, and support and civilization of Indians at Colville and Puyallup Agencies, and for pay of employees, thirteen thousand dollars.
That the Secretary of the Interior, in his discretion, is hereby authorized to sell, under rules and regulations to be prescribed by him, any tract or tracts of land heretofore reserved for the Puyallup Indian School not now needed for school purposes, and to use the proceeds of said sale for the establishment of an industrial and manual training school for the Puyallup and allied tribes and bands of Indians at the site of the present Puyallup Indian School.
For pay of a blacksmith and carpenter to do necessary work and to instruct the said Indians in those trades, one thousand dollars each, per sixth article of agreement with said Indians, dated March eighteenth, eighteen hundred and eighty-seven, ratified by act of Congress approved July thirteenth, eighteen hundred and ninety-two, two thousand dollars;
For purchase of agricultural implements, and support and civilization of Joseph’s Band of Nez Perce Indians, one thousand dollars;
For the extension of the irrigation system on lands allotted to Yakima Indians in Washington, fifteen thousand dollars, to be reimbursed from the proceeds of the sale of surplus lands, as provided by the act of December twenty-first, nineteen hundred and four, entitled “An act to authorize the sale and disposition of surplus or unallotted lands of the Yakima Indian Reservation in the State of Washington;” in all, fifteen thousand dollars.
That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, to sell and convey by patent with such reservations as to flowage rights, dam sites, and mill sites appurtenant to water powers, as he may prescribe, such tract or tracts of lands of the Spokane Indian Reservation, State of Washington, lying at or near the junction of the Columbia and Spokane Rivers, not exceeding three hundred and sixty acres in extent, for town-site and terminal purposes, upon the payment of such price as may be fixed by him, and that the money received therefrom shall be deposited in the Treasury of the United States to the credit of the Spokane Indians.
To carry into effect the agreement bearing date May ninth, eighteen hundred and ninety-one, entered into between the Indians residing on the Colville Reservation and commissioners appointed by the President of the United States under authority of the act of Congress approved August nineteenth, eighteen hundred and ninety, to negotiate with the Colville and other bands of Indians on said Colville Reservation for the
cession of such portion of said reservation as said Indians might be willing to dispose of, there shall be set aside and held in the Treasury of the United States for the use and benefit of said Indians, which shall at all times be subject to the appropriation of Congress and payment to said Indians, in full payment for one million five hundred thousand acres of land opened to settlement by the act of Congress “To provide for the opening of a part of the Colville Reservation, in the State of Washington, and for other purposes,” approved July first, eighteen hundred and ninety-two, the sum of one million five hundred thousand dollars, and jurisdiction is hereby conferred upon the Court of Claims to hear, determine and render final judgment in the name of Butler and Vale (Marion Butler and Josiah M. Vale), attorneys and counsellors at law, of the city of Washington, District of Columbia, for the amount of compensation which shall be paid to the attorneys who have performed services as counsel on behalf of said Indians in the prosecution of the claim of said Indians for payment for said land, and in determining the amount of compensation for such services the court may consider all contracts or agreements heretofore entered into by said Indians with attorneys who have represented them in the prsecution of said claim, and also all services rendered by said attorneys for said Indians in the matter of said claim. Petition hereunder shall be filed in said court by the said attorneys (Butler and Vale), within thirty days from the passage of this act, and the Attorney General shall appear on behalf of the defendants, and said cause shall be given preference for immediate hearing in said court, and the Secretary of the Treasury is hereby authorized and directed to pay the sum of money so awarded by said court to the said attorneys (Butler and Vale), upon the rendition of final judgment, out of the said sum herein set apart or appropriated for the benefit of said Indians, and payment of said judgment shall be in full compensation to all attorneys who have rendered services to said Indians in the matter of their said claim, the same to be apportioned among said attorneys by said Butler and Vale as agreed among themselves: Provided, That before any money is paid to any attorney having an agreement with Butler and Vale as to the distribution of said fee, each of the same shall execute and deliver to the Secretary of the Interior a satisfaction and discharge of all claims and demands for services rendered said Indians in the matter of their said claim.1
That the Secretary of the Interior be, and he is hereby, authorized and directed to issue a patent, under the general allotment act, to Ignas, a grandson of Doc Jim, for the east half of the southeast quarter of section five, township twenty-three north, range nineteen east, Willamette meridian, Washington: Provided, That the patentee may sell and convey all or a part of the land under the supervision of the Secretary of the Interior, and that any deed of conveyance shall be approved by him to pass title.
That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, to issue fee-simple patents to the following parties for the lands heretofore allotted to them: George Bowen, Charles Finkbonner, Tee ah Ligh or George, Tang Weah or Louis, Tom Whaquiskun, Yah Him Aloo or Mary, Descanum or Albert, Kwina or Henry, Lummi allottees numbered one, two, three, eleven, sixteen, twenty-two, twenty-eight, and thirty, respectively, on the schedule of allotments approved by the President October fourteenth, eighteen hundred and eighty-four, and the issuance of said patents shall operate as a removal of all restrictions as to the sale, incumbrance, or taxation of the lands so patented.
That Charles Sheestal, Swinomish allottee numbered twenty-three, to whom a patent has been issued in accordance with the provisions of
the seventh article of the treaty of January twenty-second, eighteen hundred and fifty-five, with the Dwamish and other Indians (Twelfth Statutes, page nine hundred and twenty-seven), containing restrictions upon sale and alienation, may sell and convey the northwest quarter of the southwest quarter of section twenty-four, township thirty-four north, range two east, Willamette meridian, Washington, being forty acres of his allotment, but that such conveyance shall be under the supervision and subject to the approval of the Secretary of the Interior, and when so approved shall convey full title to the purchaser; also the south half of the north half of the southeast quarter of section twenty-three, township thirty-four north, range two east, Willamette meridian, or any part thereof, in the discretion of the Secretary of the Interior; and this conveyance, if any, shall be under the supervision and subject to the approval of the Secretary of the Interior, and when so approved shall convey full title to the purchaser.
That Lizzie Peone, allottee numbered three hundred and thirty-one in what was formerly the north half of the Colville Indian Reservation, in the State of Washington, and to whom a trust patent has been issued containing restrictions upon alienation, may sell and convey any part of her allotment, but such conveyance shall be subject to the approval of the Secretary of the Interior, under such rules and regulations as he may prescribe, and when so approved shall convey 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 is hereby, authorized, in his discretion, to issue fee-simple patents to the following parties for the lands heretofore allotted them: L. F. Laqua, a Yakima Indian, to his allotment, numbered seven hundred and eighty; Susan Stone (Swasey), a Yakima Indian, to her allotment, numbered two hundred and eighty-six; Suis Sis Kin, or Loupe Loupe Charley, numbered four, Yakima, now Waterville, Washington; Charles Wannassy, Yakima allottee, numbered one thousand six hundred and eighteen; Margaret Sar Sarp Kin, numbered six, Washington; and the issuance of said patents shall operate as a removal of all restrictions as to the sale, incumbrance, or taxation of the lands so patented.
That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, to issue a patent in fee simple to Franklin P. Olney, a Yakima Indian, for the land covered by his allotment numbered five hundred and eighty-three; and the issuance of said patent shall operate as the removal of all restrictions as to sale, incumbrance, or taxation of the land so patented.
For pay of Indian agent at the La Pointe Agency, Wisconsin, one thousand eight hundred dollars.
For the support and education of two hundred pupils at the Indian school at Hayward, Wisconsin, thirty-three thousand four hundred dollars;
Pay of superintendent, one thousand five hundred dollars;
General repairs and improvements, five thousand dollars;
Shop building, four thousand dollars;
In all, forty-three thousand nine hundred dollars.
For support and education of two hundred and fifty Indian pupils at the Indian school, Tomah, Wisconsin, forty-one thousand seven hundred and fifty dollars;
For pay of superintendent at said school, one thousand seven hundred dollars;
For general repairs and improvements, three thousand dollars;
In all, forty-six thousand four hundred and fifty dollars.
For support and civilization of the Chippewas of Lake Superior, Wisconsin, to be expended for agricultural and educational purposes; pay of employees, including pay of physician, at one thousand two hundred dollars; purchase of goods and provisions, and for such other purposes as may be deemed for the best interest of said Indians, seven thousand dollars.
That the Secretary of the Interior be, and he is hereby, directed to cause an investigation to be made of the claims of the Pottawatomie Indians of Wisconsin, as set forth in their memorial to Congress, printed in Senate Document Numbered One hundred and eighty-five, Fifty-seventh Congress, second session, and to report thereon to Congress at the beginning of the next session thereof, showing on the best information now obtainable what number of said Indians continued to reside in the State of Wisconsin after the treaty of September twenty-sixth, eighteen hundred and thirty-three, their proportionate shares of the annuities, trust funds, and other moneys paid to or expended for the tribe to which they belong, in which the claimant Indians have not shared, the amount of such moneys retained in the Treasury of the United States to the credit of the claimant Indians as directed by the provision of the act of Congress approved June twenty-fifth, eighteen hundred and sixty-four; if none have been so retained the amount that should have been annually so retained under said law, showing also what disposition has been made of the annuities, trust funds, and other moneys of said tribe, with the amounts and the status of any now remaining to their credit in the Treasury or otherwise. He will also cause an enrollment to be made of said Pottawatomie Indians.
That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, to issue fee-simple patents to the following parties for the lands heretofore allotted to them: (Compson) Doxtater, William Cornelius, Ida Powless, Daniel H. Cooper, Charles Elm, Abram Elm, Catherine Nynham, Joshua Cornelius, Lehi Wheelock, Dennison Wheelock, Rachel Peters Jones, Jerusha Peters, and Alice Cornelius, Oneida allottees numbered one hundred and thirty-seven, fifty-seven, two hundred and twenty-four, seven hundred and sixty-nine, twelve hundred and seventy-two, twelve hundred and seventy-one, thirteen hundred and ninety-eight, fifteen hundred and fourteen, three hundred and seventy-three, twenty-one, three hundred and ten, eleven hundred and thirty-seven, and sixty-two, respectively; Jacob Doxtater, allottee numbered one thousand and ninety-nine; Rachel Elm, allottee numbered eight hundred and seventy-nine; Jerusha Powless, allottee numbered fourteen hundred and eighty-three; Hendrix Skenandooh, allotee numbered eight hundred and four; Hannah Hayes, allottee numbered three hundred and five; Dolly Ann Doxtater, allottee numbered one hundred and seventy-four; Martin Williams, allotee numbered four hundred and twenty; Moses Webster, allottee numbered eleven hundred and thirty-five; Adam King, allottee numbered one hundred and twenty-one; Elizabeth Nynham, allottee numbered one thousand and seventy-five; Elijah John, allottee numbered five hundred and six; Silas Webster, allottee numbered thirteen hundred and fifty; Henry Cooper, allottee numbered three hundred and thirty-eight; David King, allottee numbered two hundred and one; Job Silas, allottee numbered three hundred and thirty-three; Joseph Skenandooh, allottee numbered five hundred and seventy-three; James Silas, allottee numbered two hundred and fifty-five; John Parkhurst, allottee numbered two hundred and thirty-six, and David Adams, allottee
numbered five hundred and ninety-four, Oneida Indians; Isaiah Sycles, Schuyler Nynham, Archie Wheelock, Truman Doxtater, Sophia Webster, Mary Webster, Jane Parkhurst, Henry Wheelock, Eva Jourdan, William Archquette, Sarah Hill, Frank Button, Sylvester Button, Margaret Thomas, William Christjohn, Frank Cornelius, Alice Cornelius, Hannah Hill, Sarah Sycles, Adam P. Cornelius, Thomas John, Esther Christjohn, Joseph Metozen, and James Wheelock, Oneida allottees numbered six hundred and seventy-seven, thirteen hundred and ninetynine, ten hundred and sixty-one, ten hundred and seventy-nine, one hundred and eighty-four, eleven hundred and eighty-three, twelve hundred and seventy-seven, three hundred and forty-four, eight hurdred and thirty-nine, seven hundred and twenty, four hundred and seventy-one, three hundred and seventy-six, twelve hundred and sixty-eight, eight hundred and seventy-six, twelve hundred and thirty-eight, seven hundred and seventeen, seven hundred and eighteen, one hundred and forty-eight, fourteen hundred and eightysix, seven hundred and thirteen, seven hundred and thirty-three, three hundred and sixty-four, one hundred and forty-two, and sixteen, respectively, and Michel Buffalo, Red Cliff allottee numbered twenty-eight, and the issuance of said patents shall operate as a removal of all restrictions as to the sale, incumbrance, or taxation of the lands so patented.
That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, to issue a patent in fee to any Indian of the Oneida Reservation in Wisconsin for the lands heretofore allotted him, and the issuance of such patent shall operate as a removal of all restrictions as to the sale, taxation, and alienation of the lands so patented.
To enable the Commissioner of Indian Affairs to pay in behalf of Ann Francis, a Chippewa Indian woman, and lineal descendant of Bow kow ton den, for printing record in the case of Francis against Francis, now pending in the Supreme Court, involving her title to land claimed under treaty and patent, and such briefs as may be necessary therein, one hundred and seventy-five dollars, or as much thereof as may be necessary.
That the Secretary of the Interior be, and he is hereby, authorized, in his discretion, with the consent of the Indians of the La Pointe or Bad River Reservation, to be obtained in such manner as he may direct, to set apart lots ten, eleven, and twelve, section twenty-five, township forty-eight north, range three west, on the La Pointe Reservation in Wisconsin, for an Indian town site, and to cause the lands described to be surveyed and platted into suitable lots, streets, and alleys, and to dedicate said streets and alleys and such lots or parcel as may be necessary to public uses, and to cause the lots to be appraised at their real value, exclusive of improvements thereon or adjacent thereto, by a board of three persons, one of whom shall be the United States Indian agent of the La Pointe Agency, one to be appointed by the Secretary of the Interior, and one selected by the Indians of the La Pointe band of Chippewas, who shall receive such compensation as the Secretary of the Interior may prescribe, to be paid out of the proceeds of the sale of lots sold under this act, and when so surveyed, platted, and appraised, the President may issue patents to the Indians of the said reservation for such lots on the payment by them of the appraised value thereof, on such terms as may be approved by the Secretary of the Interior, and the net proceeds of such sales shall be placed to the credit of the La Pointe band of Chippewa Indians: Provided, That no person shall be authorized to purchase lots on the lands described other than members of said La Pointe band of Indians, and those now owning permanent improvements there shall have the preference right for six months from the date such lots shall be offered for sale within which to purchase tracts upon which their improve–
ments are situated, but no lot shall be sold for less than the appraised valuation; but if any person entitled fails to take advantage of this provision, the agent of the La Pointe Agency shall appraise the improvements on the unsold lots, and any member of the La Pointe Band of Chippewas, on the payment to the owner of the appraised value of the improvements, shall have the preference right for six months from the date of such payment to purchase such unsold lot or lots at their appraised value on such terms as may be approved by the Secretary of the Interior: Provided further, That the patents to be issued shall contain a condition that no malt, spirituous, or vinous liquors shall be kept or disposed of on the premises conveyed, and that any violation of this condition, either by the patentee or any person claiming rights under him, shall render the conveyance void and cause the premises to revert to the La Pointe Band of Chippewa Indians, to be held as other tribal lands.
That the northest quarter of the northeast quarter of section thirtyfour, township forty-eight north, range three west, be set aside and dedicated as a burial ground, and for such other purposes as may be approved by the Commissioner of Indian Affairs, for the use of the members of the La Pointe Band of Indians. And the Secretary of the Interior is hereby authorized to sell and dispose of the merchantable timber growing thereon in such manner as he may deem best, for cash, and to expend the proceeds derived therefrom in paying the cost of surveying and platting the village of Odanah, in improving the cemetery site, and for public improvements in said village.
That the members of the Stockbridge and Munsee Tribe of Indians, as the same appear upon the official roll of said tribe, made in conformity with the provisions of the act of Congress approved March third, eighteen hundred and ninety-three, entitled “An act for the relief of the Stockbridge and Munsee Tribe of Indians in the State of Wisconsin,” and their descendants, who are living and in being on the first day of July, nineteen hundred and four, and who have not heretofore received patents for land in their own right, shall, under the direction of the Secretary of the Interior, be given allotments of land and patents therefor in fee simple, in quantities as follows:1
To each head of a family, one-eighth of section: Provided, That such allotment to the “head of a family” shall be deemed to be a provison for both husband and wife, or the survivor in the event of the death of either.
To each single person not provided for as above, one-sixteenth of a section.
That where a patent has heretofore been isssued to the head of a family (a married man) the same shall be deemed to have been in satisfaction of the claims of both husband and wife, and no further allotment shall be made to either of such persons under this act: Provided, That the children of such parents shall be entitled to allotments hereunder in their own right, if enrolled as members of the tribe.
That as there is not sufficient land within the limits of the Stockbridge and Munsee Reservation to make the allotments in the quantities above specified, all available land in said reservation shall first be allotted to the heads of families and single persons residing thereon, until said reservation land shall be exhausted, the additional land that may be required to complete the allotments to be obtained in the manner hereinafter specified: Provided, That the Secretary of the Interior may make such rules and regulations as he may deem necessary to
carry out the requirements of this act as to making and designating allotments.
That it shall be obligatory upon any member of said tribe who has made a selection of land within the reservation, whether filed with the tribal authorities or otherwise, to accept such selection as an allotment, except that the same shall be allotted in quantity not to exceed that hereinbefore authorized: Provided, That where such selection does not equal in quantity the allotment hereinbefore authorized, the allottee may elect to take out of the lands obtained under the provisions of this act the additional land needed to complete his or her quota of land, or in lieu thereof shall be entitled to receive the commuted value of said additional land in cash, at the rate of two dollars per acre, out of the moneys hereinafter appropriated.
That those members of said tribe who have not made selections within the reservation shall be entitled to the option of either taking an allotment under the provisions of this act, or of having the same commuted in cash, at the rate of two dollars per acre, out of the moneys hereinafter appropriated: Provided, That the election of any member to take cash in lieu of land shall be made within sixty days after the date of the approval of this act.
That for the purpose of obtaining the additional land necessary to complete the allotments herein provided for the Secretary of the Interior is hereby authorized and directed to negotiate, through an Indian inspector, with the Menominee Tribe of Indians of Wisconsin for the cession and relinquishment to the United States of a portion of the surplus land of the Menominee Reservation in said State, or to negotiate with the authorities of said State, or with any corporation, firm, or individual, for the purchase of said additional land: Provided, however, That in no event shall any agreement of cession or contract of purchase so negotiated stipulate that a sum greater than two dollars per acre shall be paid for the land so obtained: And provided further, That no such agreement or contract shall have any force or validity unless the same shall be approved by the Secretary of the Interior; or said Secretary may, in his discretion, utilize such unappropriated public lands of the United States as may be required to complete the allotments.
That certain members of the Stockbridge and Munsee Tribe having made selections of land on tracts patented to the State of Wisconsin under the swamp-land acts, and having made valuable improvements thereon, the Secretary of the Interior is hereby authorized to cause said improvements to be appraised by an inspector or special agent or Indian agent of his department, and to pay to the owners, as their interests may appear, the appraised value of said improvements, in all not to exceed the sum of one thousand dollars, out of the moneys hereinafter appropriated.
That the sum necessary to carry out the provisions hereof the Secretary of the Treasury is directed to pay out of the Stockbridge consolidated fund in the Treasury of the United States, which fund on the thirty-first of October, nineteen hundred and four, amounted to seventy-five thousand nine hundred and eighty-eight dollars and sixty cents, under the direction and upon the warrant of the Secretary of the Interior.
For support and civilization of Shoshone Indians in Wyoming, twelve thousand dollars.
For support and education of one hundred and seventy-five Indian pupils at the Indian school, Shoshone Reservation, Wyoming, twentynine thousand two hundred and twenty-five dollars;
For pay of superintendent at said school, one thousand eight hundred dollars;
For general repairs and improvements, five thousand dollars;
In all, thirty-six thousand and twenty-five dollars.
For general incidental expenses of the Indian service in Wyoming, including traveling expenses of agents, one thousand dollars.
SHOSHONES: For pay of physician, teacher, carpenter, miller, engineer, farmer, and blacksmith, as per tenth article of treaty of July third, eighteen hundred and sixty-eight, five thousand dollars. For pay of second blacksmith, and such iron and steel and other materials as may be required, as per eighth article of same treaty, one thousand dollars.
In all, six thousand dollars.
For the purpose of carrying out the provisions of article four of the agreement ratified by the act of March third, nineteen hundred and five, entitled “An act to ratify and amend an agreement with the Indians residing on the Shoshone or Wind River Indian Reservation, in the State of Wyoming, and make appropriation for carrying the same into effect,” one hundred thousand dollars of the amount specified by said fourth article to be immediately available and to be reimbursed from the proceeds derived from the sale of surplus lands, as provided by said act.
Approved, June 21, 1906.
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