United States. Office of Indian Affairs.

Annual report of the Commissioner of Indian Affairs online

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tion, pending such time and up to thirty days before said lands are
restored to the public domain as aforesaid, shall have in lieu of such
lease or permit the preferential right to locate under the mining laws
not to exceed six hundred and forty acres of conti^ous minenu land,
except the Raven Mining Company, which may in lieu of its lease Raven Mining
locate one hundred mining claims of the character of mineral men- Company,
tioned in its lease; and the proceeds of the sale of the lands so restored Ap^cation of
to the public domain shall be applied, first, to the reimbursement of ^j^®*" "®™
the United States for any moneys advanced to said Indians to carry



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494 INDIAN LEGISLATION.

mto effect the foregoing provisionfl; and the remainder, nnder the
direction of the Secretaj^ of the Interior, shall be used for the benefit
Pott, p. 746. of gaid Indians. And the sum of seventy thousand and sixty-f oar dol-
lare and forty-eight cents is hereby ai)propriated, oat of any moneys
in the Treasury not otherwise appropriated, to be paid to the Uintah
and the White River tribes of Ute Indians, under the direction of the
Secretary of the Interior, whenever a majority of the adult male
Indians of said tribes shall have consented to the allotment of lands
and the restoration of the unallotted lands within said reservation as
herein provided.
IndSnaf"^ ^ ^'^ ^*®°* ^^ seventy thousand and sixty-four dollars and forty-
Vol. 80,p. 87. eight cents to be paid to the Uintah and White River Utes covers
Post, nC claims which these Indians have made on account of the allotment of
lands on the Uintah Reservation to Uncomnahgre Indians and for
which the Government has received from saia Uncompahgre Indians
money aggregating sixty thousand and sixty-four dollars and forty-
eight cents; and the remaining ten thousand dollars claimed by the
Indians under an Act of Congress detaching a small part of the reser-
vation on the east and under which Act the proceeds of the sale of
the lands were to 'be applied for the benefit of the Indians.

ryol.82,p.264.] For the purchase of the right, title, and improvements of certain
v^on ArS***"^ settlers within the external boundaries of the Navajo Indian Reserva-
Payment ' fortion in Arizona, as set out in the communication of the Secretary of
liffhu, etc., of the Interior to the President, dated January fifth, nineteen hundred,
aetUen. gj^^ printed in Senate Document Numbered Sixty-eight, of date of

January tenth, nineteen hundred, forty-eight thousand dollars, to be
used and expended under the direction and within the discretion of
the Secretary, of the Interior. And the Secretary of the Interior is
authorized and empowered to purchase the right, title, and improve-
ments separately ot each and every one of the said persons named in
the said communication of the Secretary of the Interior, at the prices
h*^i!^*tc*" ^^^ separately agreed upon with the settlers therein named. And when so
ac ooiH, etc. purchased the improvements and the lands upon which they are sit-
uated, in and near Tuba City, are hereby set apart for school or public
purposes, as may be hereafter decided upon by tne Secretary of the Inte-
rior, and until required to be used for such public or school purposes
shall be used by the Indians under rules and regulations to be pre-
ProHsoa. scribed by the Secretary of the Interior: Provided, That the appraiae-

Eamest A. Lee. ^aent of Earnest A. Lee's property shall be three thousand seven hon-
ValuaUon. dred dollars: Provided further^ That the Secretary of the Interior shall
make no payment for any of said right, title, and improvements unless
in his judgment the valuation thereof is fair and just.

*******

^tw^nd^d '^^^ Secretary of the Interior is herebv authorixed to pay to the
fiouriaA. okla. Otoe and Missouria tribe of Indians of Oklahoma, immediately upon
Payment for the passage of this Act, the sum of fifty thousand aollars, or so mach
^Vof*8i*?^ thereof as may be necessary, out of any money to their credit in the
' Treasury of the United States, under such regulations as he may pre-

scribe, in the settlement of their claim for lands sold for them in the
State of Nebraska.
Omaha and For the construction and repair of bridges and approaches thereto
Airency ^Nebr^ ^ ^^ *^® Omaha and Winnebago Agency, in the State of Nebraska, ten
Bridges, etc! thousand dollars, to be paid out of the funds in the Treasury of the

United States belonging to the Omaha and Winneba^ Indians.

I>ev^ Lake, The Secretary of the Interior is hereby authorized, m his discretion,

B^ge permit- *^ permit the construction of a free bridge to span the narrows of

ted. Devils Lake, in the State of North Dakota, at a point on the south

shore of Devils Lake sixty-six chains and seventv unks due north and

thirty-three chains and thirty links due west of the southeast comer of

section twenty-three in township one hundred and fifty-two north of

ranse sixty-three west of the fifth principal meridian. If said bridge

shall abut on an Indian allotment, the consent of the allottee shall first

be obtained. The Sc may also authorize the taking of stone

from the shores of th< on the reservation side in the constraction

of the said bridge.



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INDIAN LEGISLATION. 495

For the oonstraction of two bridges, one over Big Soldier Creek Pottowatomie
and one over Little Soldier Creek, on the Pottowatomie Indian Reeer- 15^''^*"*''^»



vation, in Jackson County, Kansas, three thousand dollars. Bridges.

To enable the Secretary of the Interior to purchase additional land Oneida^ Wte.
from an Oneida Indian allottee or allottees of Wisconsin for the use of land for in^Uim
the Oneida Indian school, one thousand dollars, or so much thereof school,
as may be necessary, to be paid to said allottee or allottees; and tiie
allottee or allottees from whom said land may be purchased are here-
by authorized and empowered to sell and convey the same to the
Lnited States for said purpose.

That the Secretary of the Interior be, and he is hereby, authorized Sioux Indians,
and directed to investigate the claims of the members of the Lower JiSid.^'^ firuie
Brule band of Sioux Indians for loss of property resulting from their Claims for
forcible removal from their homes south of White River, in South property losses.
Dakota, in the year eighteen hundred and ninety-three, and to deter-
mine what amounts they may be justly and equitably entitled to for
the loss of such property, and to certify the same to the Secretary of payment
the Treasury; and the Secretary of the Treasury is hereby authonzed
and directed to pay such sums so certified to him by the Secretary of
the Interior to members of the Lower Brule band ot Indians as afore-
said. And the sum of one thousand five hundred dollars, or so much
thereof as may be necessary, is hereby appropriated, out of any money
in the Treasury not otherwise appropriated, for this purpose.

That the Secretary of the Interior is hereby authonzed, with the crow Indians,
consent of the tribe, to distribute the cattle belonging to the Crow Distribution of
tribe, known as the " common herd " and held as such under the ninth ca**^®'
article of the agreement with said tribe of December eighth, eighteen
hundred and ninety, ratified by the Act of March third, eighteen Vol. 26, p. 1041.
hundred and ninety-one( Twenty-sixth Statutes, ten hundred and forty-
one), among the members of said tribe, to be held by them as individ-
uals in the same manner as their other individual stock is held, after
which the common herd shall cease to exist. The Secretary of the Distribution of
Interior is also authorized to distribute amon^ the tribe per capita all " c row herd
of the money due or to become due said Indians from sales from the
common herd, known as the **Crow herd fund": Provided, That the f^JJ^i.
distribution of the cattle and payment of the money shall be made at K^fi^'"*"^'^
such time and under such regulations as the Secretary of the Interior
in his discretion may prescribe. That the funds now in the Treasury ^^^''*^?^f''® ^'^
of the United States to the credit of the Crow Indians in Montana, or "^^^ ^"*®-
any portion of it, may^ with the consent of the tribe, be used by the
Secretary of the Interior, in his discretion, in the purchase of stock
cattle to be distributed among the members of the tribe under such
regulations as he may prescribe.

That the Secretary of the Interior be, and he is hereby, authorized Southern utes,
and empowered, under general regulations to be fixed by him, to gj^iit Qf ^^y
permit the use of the right of way through the allotted lands of the irriigltion ditch-
Southern Ute Indians in Colorado for im^ting ditches to the extent es.
of the ground occupied by the water in said ditches and such number
of feet on each side of the marginal limits thereof as may be necessary
in maintaining and operating ttie ditches: Provided, That no applica- Proviso.
tion for such right of way shall be granted unless accompanied by the Consent of in-
consent, in writing, of the allottee or allottees whose land may be^^""*
affected thereby.

That the Secretary of the Interior shall make investigation as to the southern ute
practicability of providing a water supply for irrigation purposes to be Reservation,
used on a portion of the reservation of the Southern Utes in Colorado, inigation con-
and he is authorized, in his discretion, to contract for and to expend tract authorized,
from the funds of said Southern Utes in the purchase of perpetual
water rights sufiBcient to irrigate not exceeding ten thousana acres on
the western part of the Southern Ute Reservation and for annual
charges for maintenance of such water thereon such amount and upon
such terms and conditions as to him may seem just and reasonable, not
exceeding one hundred and fifty thousand dollars for the purchase of
such perpetual water rights ana not exceeding a maximum of fifty
cents per acre per annum for the maintervniJb r^ water upon the land
to be irrigated: Provided, That after sucit).-! ■ Mjvestigation he shall ^^^^^^^
find all the essential conditions relative to tnc ,. ater supply and to the ^"^^^o™-



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496 INDIAN LEaiSLATION.

perpetuity of its availability for nse upon said lands sadi as in his
judgment will justify a contract for its perpetual nse: P. nAdedfurlher,
Bond required. That the Secretary of the Interior, upon making all such contract0,
shall require from the person or persons entering upon such contract
a bond of indemnity, to be approved by him, for the faithful and con-
tinuous execution of snch contract as provided therein.
Spokane Rej^ That the mineral lands only in the Spokane Indian Beservation, in
^niy^'min^i the State of Washmgton, shall be subject to entry under the laws of
lands subject to the United States in relation to the entry of mineral lands: Provided^
^pwao That lands allotted to the Indians or used by the Government for any

Land's ex- purpose or by any school shall not be subject to entry under this
cepted. provision.

iW, pp.742, 744.

Joj^ stainer. Xo enable the Secretary of the Treasury to pay the claim of Joeef
i^yme o. g^j^^jj^j. f^^ labor and material used in makmg repairs to school build-
ings numbered one, two, and three, at Cheyenne Kiver Indian A^^cv,
South Dakota, damaged bv windstorm and cyclone on night of July
nineteenth, eighteen hunared and ninety-two, as approved by the
Secretary of the Interior, two hundred and seventv-eight dollars and
thirty-seven cents, to be paid from unexpended balanoe of appropria-
tion '* Education, Sioux Nation."

rvoi 82,p.a^.l For payment to the attorn^ who, under a contract approved by
Inmlma.^ ' ^^® CommiBsioner of Indian Affairs and the Secretary of the Interior,
Payment to represented the Wichita and affiliated bands of Indians in the Court of
attorneys. Claims and the Supreme Court of the United States in the litigation

Vol. 28, p. 898. provided for bv act of Congress to determine the title of the said
Indians to the lands of the former Wichita Reservation, in the Terri-
tory of Oklahoma, six per centum of the value of said land as decreed
by the Court of Claims, the sum of forty-three thousand three hundred
and thirty-two dollars and ninety-three cents, or so much thereof as
Provi9o. mav be necessary, to be immediately available: Provided, That the

ment! "***""*" said sum shall be reimbursed to the United States out of the proceeds
of the sale of the said lands.

£oun?'^*^y ^^^ payment to the several persons and firms herein named, their
Reservation.Cal. heirs, executors, administrators, or assigns, the several sums men-
Payment f ortioned herein, the same being in full for, and the receipt of the same
private Improve- to be taken and accepted in each case as a full and final dischaive of,
^^^^ their several claims for private improvements on the Round Vallev

Indian Reservation, in Mendocino County, California, on March third,
eighteen hundred and seventy-three, when said lands w^ere reserved
for Indian purposes; and beins the several amounts as appropriated
and allowed by the Honorables Jed Lake, Arthur A. Smith, and Arthur
Twineham, commissioners appointed by the President of the United
States on December thirteenth, eighteen hundred and ninety-two, to
appraise the value of Round Valley Indian Reservation lands and the
Vol. 17, p. 684. pnvate improvements made thereon and existing on March thiid,
Vol. 26, p. 658. eighteen hundred and seventy-three, under the provisions of an act
entitled ^'An act to provide for the reduction of the Round Valley
Indian Reservation in the State of California, and for other purposes, '
approved October first, eighteen hundred and ninety, as follows: To |
J. N. Rea and D. T. Johnson, eight hundred dollars; to estate of Fred
Bourne and estate of D. T. Johnson, one hundred and fifty dollars; to
estate of D. T. Johnson, Fred C. Handy, and Percy W. Handy, l^ye \
hundred dollars; to Martin Corbittand whitcomb Henley, eight bun- |
dred and tweiitv-five dollars; to Charles H. Hurt, one thousand and |
twenty-five dollars; to Henry Marks, four thousand seven humtred
and fifty dollars.

Sol. 28, p. 268.] For payment to the Indians occupying the Mille Lac Indian Reser-
ti^ ^^?^ vation, in the State of Minnesota, the sum of forty thousand dollars,
*™ymenttoin-^'" ^ much thereof as may be necessary, to pay said Indians for
dlans removing, improvements made by them, or any of them, upon lands occupied by
Vol. ^ p. 6& them on said Mille Lac Indian Reservation, said payment to be made
upon inveeti^tion, examination, and appraisement by the Secretary



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INDIAN LEGISLATION. 497

of the Interior, upon condition of said Indians removing from said
Mille Lac Rreervation: Provided, That any Indian who has leased or Provisos.
purchased any Government subdivision of land within said Mille Lac JijfJ"*! P*^'"
Reservation from or through a person having title to said land fromJ^J^^i^ '®'

the Government of the United States shall not be required to move
from said reservation, but shall be entitled to the benefits of said
appropriation to all intents and purposes as though they had removed
from said reservation: And provided furthery That this api^ropriation Action by
shall be paid only after said Indians shall, by proper council proceed- §?!^*^ ^^ ^^'
ings, have accepted the provisions hereof and declared the manner in *"""•
which they wish the money disbursed; and said Indians upon remov-
ing from said Mille Lac Reservation shall be permitted to take up
their residence and obtain allotments in severalty either on the White
Earth Reservation or on any of the ceded Indian reservations in the
State of Minnesota on which allotments are made to Indians.

For paying the expenses of surveying and locating allotments here- Net Lake Re»-
tofore made upon Net Lake Reservation, in the State of Minnesota, ^'surreyinK aiS
the sum of one thousand dollars, or so much thereof as may be nee- aiiotingf



For support and education of seven hundred and fifty Indian pupils [Vol.82,p.27i.l
at the Indian school, Haskell Institute, Lawrence, Kanas, * * *Ki^'^'®''*'®'
for the purchase of three hundred and twenty -eight acres of improved
land, more or less, adjoining land now belonging to the United States,
ttiirty thousand dollars, to be immediately available; * * *

For the support and education of one hundred and fifty Indian
pupilj^ at the Indian school at Morris, Minnesota; * * * and for the Morris, Minn.

Eurchase of six acres of land, more or less, for use of said school, five
undred and fifty dollars, to replace six acres of land, more or less,
belonging to the United States and used for said school which the
Secretary of the Interior is hereby authorized to sell. * * *
* * * * * * *

For the support and education of two hundred and twenty-five ^?i^' wS^'^
Indian pupils at the Indian school, Tomah, Wisconsin, thirty -seven
thousand five hundred and seventy-five dollars; * * * for pur-
chase of land, six thousand dollars, or so much thereof as may be nec-
* « «



Sec. 7. That the adult heirs of any deceased Indian to whom a [Voi.32,p.275.]
trust or other patent containing restrictions upon alienation has been Lands inher
or shall be issued for lands allotted to him may sell and convey the ^^ ^rom ii^
lands inherited from such decedent, but in case of minor heirs their co^eyS*^ f^
interests shall be sold only by a guardian duly appointed by the proper
court upon the order of such court, made upon petition filed oy the ^^°°"-
guardian, but all such conveyances shall be subject to the approval of
the Secretary of the Interior, and when so approved shall convejr a
full title to tne purchaser, the same as if a final patent without restric-
tion upon the alienation had been issued to the allottee. All allotted
land so alienated by the heirs of an Indian allottee and all land so Taxation,
patented to a white allottee shall thereupon be subject to taxation
under the laws of the State or Territory where the same is situate:
Provided, That the sale herein provided for shall not apply to the
homestead during the life of the father, mother, or the minority of proviso
any child or children. Restriction.

Sec. 8. That the part of the northern district of the Indian Terri- Indian Terri-
tory consisting of the Creek country, the Seminole country, and all ^ic^i^^sTr^ct
that portion ol the Cherokee and Cnoctaw nations included in the created,
following-described boundaries, to wit: Commencing at the northeast Vol.28,p.o»3.
comer of the Creek Nation and running east on the line between Boundaries,
townships nineteen and twenty, to its intersection with the dividing
line between ranges twenty and twenty-one east, thence south on said
line to ite intersection with the Arkansas River, thence down the
Arkansas River to its intersection with the Canadian River, thence up
the Canadian River to ita intersection with the dividing line between
ranges twenty and twenty-one east, thence south to the intersecting
line between townships seven and eight, thence west on the intersect-

9674—02 32 ^ T

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498 INDIAK LEGISLATION.

Temw. ing line between townships seven and eight to the Creek Nation, be,

and the same is hereby, made the western district in said Territory,

v"^ and the places of holding courts in said western district shall be Mos-

•P cogee, Waj^oner, Sapulpa, Wewoka, Eufaula and Okmulgee. The

juage appomted unaer the act entitled *'Anact making appropria-
tions for the current and continent expenses of the Indian Depart-
ment, and for fulfilling treaty stipulations with various Indian tribes
for the fiscal year ending June thirtieth, eighteen hundred and ninety-
eight, and for other purposes,*' approved June seventh, eighteen hun-
dred and ninety-seven, shall be the judge of said western district, and
he is hereby authorized to appoint a clerk who shall reside and keep
his office at one of the places of holding court in said western district.

Commlasloneni'^^*^*' ®*^^ ^^ *^® three commissioners with headquarters at Muscogee,
and constables. Eufaula^ aud Wewoka, respectively, shall be United States commis-
sioners for said western district for a period of four years from the date
of their appointment and until their respective successors shall be
appointed and qualified, and the two constables now in office whose
h^dquarters are at Muscogee and Eufaula, respectively, shall be con-
stables in said western district until their successors shall be appointed
and (qualified; and said judge may appoint a constable for the com-
missioner at Wewoka, and the said judge may appoint an additional
commissioner to be located at Checotah, and an additional constable
for said commissioner's court Each of the United States commis-
sioners and each of the four constables now located in the northern
district as constituted. by this act shall continue to be United States
commissioners and constables, respectively, for said district until their

Recorder's of- successors shall be appointed and qualified. That the clerk's office at
Jce. northern Vinita shall also be the recorders office for the northern district,

Vol?'i9, p. 330. ^3ccept that the clerk's office at Miami shall continue to be the record-

' ing office for the Quapaw Indian Agency as now provided by law.

distri'?***'t t*°^ ^^® United States marshal of the present northern district shall be

ney. ^ * ^'"marshal of the western district, and there shall be appointed by the

President, by and with the advice and consent of the Senate, a district

attorney for said western district, and a United States marshal for

the northern district. The said officers shall be appointed and shall

hold office for the period of four years, and shall receive the same

Pending salary and fees and discharge like duties as other similar officers in

causes. g^i^ Territory. The cases now pending in that part of the northern

district which is hereby made tne western district shall be tried the

Terms north- same as if brought in said western district. Terms of court shall con-
^T *l*^^*" 692. ^^^^ ^ ^ ^^^^ within the territory remaining in said northern district
o . i», p. ^^ ^jjg places now provided by law for the holding of courts therein,
and in addition thereto at the towns of Sallisaw, Claremore, Nowata,
and Pryor Creek, in the Cherokee country. All laws now applicable
to the existing judicial districts in the Indian Territory, and to attor-
neys, marshate, clerks, and their assistants or deputies therein, not
inconsistent herewith, are hereby made applicable to the western di»-

Terms south- trict. In addition to the places now provided by law for holding
SKtrf iJ *^®'**'*^ courts in the southern and central districts, courts in the southern
*^^ district shall also be held at Tishomingo and Ada, and in the central

Constable, Du- district at Durant. The United States judge for the central district
of the Indian Territory, after the approval of this Act, may appoint
a constable for the commissioner located at Durant.

Jails. To enable the Attomey-Greneral to carry out the provisions of the

Vol. 30, p. 679. act approved July seventh, eighteen hundried and ninety-eight, for the
erection of three jails in the Indian Territory, and also to erect one
additional United States jail in said Territory, forty thousand dolliUB
is hereby appropriated, to be expended under the direction of the
Attorney-Generw, to be immediately available, and to remain available

United States until expended. And the Attorney-General is hereby authorized and
jails. directed to cause to be erected a United States jail at each of the three

Muscogee. places already formally designated by him, namely, at Muscogee in

South McAies- the western district, at South McAlester in the central district, and at
ter. Ardmore in the southern district^ and one additional United States

vinita. jail at Vinita in the northern distnct, at a total cost not exceeding one

hondred thousand dollars,



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INDIAN LEGISLATION. 499

That for the pnrpoee of acquiring sites for United States jails as pro- Referees to
vided herein in the Indian Territory, there shall be appointed by the^^^®"*'* ^**'
judge of the United States court in the district where such land is
situated, on application of the United States by petition describing the
land sought to be condemned, three disinterested referees, who shall
determine the compensation and damage to be paid any owner, occu-
pant, tribe, or nation by reason of the appropriation and condemnation



Online LibraryUnited States. Office of Indian AffairsAnnual report of the Commissioner of Indian Affairs → online text (page 85 of 117)