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Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 58 of 150)
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piOTiBiont, befinninf with the word **hereafter,'* for the transfer of faod«
provided for pay of specified employes and for detail of such omplojiB for
other servico, which are set forth ante, | 4005w
See notes to said precedinf paragraph*

(R S. § 2091. Repealed.)

This section required that all persons, charfed or tmsted wttii the dis-
bursement or application of money, goods, etc., for the bcDefit of the Indiana,
should settle their accounts, annually, at the Department of the Interior
on the first day of October, and that copies of the same should be laid
before Conjn'ess at the commencement of tlie ensninf session, by the proper
accountiuf officer^ together with a list of the names of all persons to whoa
money, goods, or effects had been delivered within the preceding year, for
the benefit of the Indians, specifying the amount and object for which they
were intended, and showing who are delinquents, if any. In forwarding their
accounts, and also with a list of the names of all persons appointed or em-
ployed under this Title, with tha dates of their appointment or amploymont,
and the salary and pay of each.

It was superseded, as to the dme of settlement of accounts, by a provision
that all disbursing officers should render their accounts quarterly, of Act
Aug. 80, 1890, c 837, | 4, post, | 6617. And it was repealed by Act June
26, 1910, c. 431« i 19, 36 Sut. 86a

§ 4067. (R. S. § 2092.) Restriction on advances to agents or odicr
disbursing officers.
No [superintendent of Indian affairs, or] Indian agent, or other
disbursing officer in such service, shall have advanced to him. on In-
dian or public account, any money to be disbursed in future, un^il
such [superintendent,! agent, or officer in such service has settled his
accounts of the preceding year, and has satisfactorily shown that all
balances in favor of the Government, which may appear to be in his
hands, are ready to be paid over on the order of the Secretary of the

Act June 27, 1846, c 84, | 1, 9 8Ut 2a

The worda "auperintendent of Indian aflfaira, or,** and *^per{ntendent,^
inclosed in brackets in thia section, bare become inoperative; no appropriation
for any superintendent of Indian aflCaira barinf been made ainca Act Marcb
8, 1877, c 101« i 1« 19 Sut 271.

§ 4068. (Act April 30. 1908. c 153.) Deposit in bank of mooeyt in
hands of disbursing agents; bond of bank.
Hereafter any United States Indian agent, [superintendent,] or
other disbursing agent of the Indian Service may dq>osit Indian

Digitized by


Ch. 2) INDIANS § 4072

moneys, individual or tribal, coming into his hands as custodian, in
such national bank or banks as he may select: Provided, That the
bank or banks so selected by him shall first execute to said disbursing
agent a bond, with approved surety, in such an amount as will prop-
erly safeguard the funds to be deposited. , Such bond shall be sub-
ject to the approval of the Secretary of the Interior. (35 Stat. 73.)

This was a provision of the Indian appropriation act for the fiscal year
1909, cited above.

The word ''superintendent,'* inclosed in brackets in this section, has be^
come Inoperative; no appropriation for any superintendent of Indian affairs
having been made since Act March 3, 1877, c 101, § 1, 19 Stat. 271.

§ 4069. (R. S. § 2093.) Disposal of proceeds of sales of Indian

All moneys received from the sales of lands that have been, or
may be hereafter, ceded to the United States by Indian tribes, by
treaties providing for the investment or payment to the Indians, par-
ties thereto, of the proceeds of the lands ceded by them, respectively,
after deducting the expenses of survey and sale, any sums stipulated
to be advanced, and the expenses of fulfilling any engagements con-
tained therein, shall be paid into the Treasury in the same manner
that moneys received from the sales of public lands are paid into the

Act Jan. 9, 1837, c. 1, i 1, 5 Stot 135.

§ 4070. (R S. § 2094.) Appropriation of moneys to carry out In-
dian treaties.

All sums that are or may be required to be paid, and all moneys
that are or may be required to be invested by the treaties mentioned in
the preceding section, are appropriated in conformity to them, and
shall be drawn from the Treasury as other public moneys are drawn
therefrom, under such instructions as may from time to time be given
by the President.

Act Jan. 9, 1837, c. 1, { 2, 5 Stat. 135.

§ 4071. (Act July 4, 1884, c. 180, § 10.) Proceeds of sales of In-
dian lands not subject to deductions for expenses of public land

No part of the expenses of the public lands service shall be de-
ducted from the proceeds of Indian lands sold through the General
Land Office, except as authorized by the treaty or agreement provid-
ing for the disposition of the lands. (23 Stat. 98.)

This section was part of the deficiency appropriation act for the fiscal year
1884, cited above. ^

§ 4072. (Act March 3, 1883, c. 141, § 1.) Disposal of proceeds of
pasturage and sales of timber, coal or other products of res-
The proceeds of all pasturage and sales of timber, coal, or other
product of any Indian reservation, except those oi the five civilized
tribes, and not the result of the labor of any member of such tribe,
shall be covered into the Treasury for the benefit of such tribe un-
der such regulations as the Secretary of the Interior shall prescribe;


Digitized by


§ 407S ntDiAHS (Tit. 28

and the Secretary shall report his action in detail to Congress at its
next session. (22 Stat. 590.)

This was a proTiaion of the dafidancy appropriation act for the fiacal year
1884, dted above.

§ 4073. (R. S. § 2095.) Investments of stock required by treaties.

All investments of stock, that are or may be required by treaties
with the Indians, shall be made under the direction of the President;
and special accounts of the funds under such treaties shall be kept at
the Treasury, and statements thereof be annually laid before Con*

Act Jan. 9, 1837, c 1, { 8, 5 Sut 135.

§ 4074. (R. S. § 2096.) Investment of proceeds of lands.

The Secretary of the Interior shall invest in a manner which shall
be in his judgment most safe, and beneficial for the fund, all moneys
that may be received under treaties containing stipulations for the
payment to the Indians, annually, of interest upon the proceeds of
the lands ceded by them ; and he shall make no investment of such
moneys, or of any portion, at a lower rate of interest than five per
centum per annum.

Act Jan. 9, 1837, c 1, | 4, 5 Stat 135.

Subsequent provisioDs for the custody, etc., of Indian trust funda, made
by June 10, 1876, c. 122, and Act April 1, 1880, c 41, are aet forth post,
if 4075, 4076.

§ 4075. (Act June 10, 1876» c 122.) Custody of stocks, bonds, etc,
held in trust for Indian tribes.
All stocks, bonds, or other securities or evidences of indebtedness
now held by the Secretary of the Interior in trust for the benefit of
certain Indian tribes shall, within thirty days from the passage of tliis
act, be transferred to the Treasurer of the United States, who shall
become the custodian thereof ; and it shall be the duty of said Treas-
urer to collect all interest falling due on said bonds, stocks, &c., and
deposit the same in the Treasury of the United States, and to issue
certificates of deposit therefor, in favor of the Secretary of the In-
terior, as trustees for various Indian tribes. And the Treasurer of
the United States shall also become the custodian of all bonds and
stocks which may be purchased for the benefit of any Indian tribe or
tribes after the transfer herein authorized, and shall make all pur-
chases and sales bonds and stocks authorized by treaty-stipulations
or by acts of Congress when requested so to do by the Secretary of
the Interior: Provided, That nothing in this act shall in any manner
impair or affect the supervisory and appellate powers and duties in
regard to Indian affairs which may now be vested in the Secretary
of the Interior as trustee for various Indian tribes, except as to the
custotly of said bonds and the collection of interest thereon as here-
inbefore mentioned. (19 Stat. 58.)

Thia waa an act entiUed **An act tranaferring the cuatodj of certain Indian
tmat funds.**

§ 4076. (Act April 1, 1880, c. 41.) Deposit in Treasury, in lieu of
investment, of Indian trust funds.
That the Secretary of the Interior be, and he is herdqr, authorized


Digitized by


Ch. 2) INDIANS § 4078

to deposit, in the Treasury of the United States, any and all sums now
held by him, or which may hereafter be received by him, as Secretary
of the Interior and trustee of various Indian tribes, on account of the
redemption of United States bonds, or other stocks and securities be-
longing to the Indian trust-fund, and all sums received on account
of sales of Indian trust lands, and the sales of stocks lately purchased
for temporary investment, whenever he is of the opinion that the
best interests of the Indians will be promoted by such deposits, in
lieu of investments ; and the United States shall pay interest semi-
annually, from the date of deposit of any and all such sums in the
United States Treasury, at the rate per annum stipulated by treaties
or prescribed by law, and such payments shall be made in the usual
manner, as each may become due, without further appropriation by
Congress. (21 Stat. 70.)

This was an act entitled *'An act to anthorize the Secretary of the Interior
to deposit certain funds in the United States Treasury in lieu of investment.*

§ 4077. (Act June 30, 1913, c 4. § 18.) Contracts vjrith Indians
relatmg to tribal funds or property in hands of United States
not valid without consent of United States.
No contract made with any Indian, where such contract relates to
the tribal funds or property in the hands of the United States, shall
be valid, nor shall any payment for services rendered in relation
thereto be made unless the consent of the United States has previ-
ously been given. (38 Stat. 97.)

This was a paragraph, following pro^ions relating to the Five Civilized
Tribes, in section 18 of the Indian appropriation act for the fiscal year 1914,
cited above.

§ 4078. (Act March 2, 1907, c. 2523, § 1.) Allotment of tribal
funds to individual Indians.
The Secretary of the Interior is hereby authorized, in his discretion,
from time to time, to designate any individual Indian belonging to
any tribe or tribes whom he may deem to be capable of managing his
or her affairs, and he may cause to be apportioned and allotted to any
such Indian his or her pro rata share of any tribal or trust funds on
deposit in the Treasury of the United States to the credit of the
tribe or tribes of which said Indian is a member, and the amount so
apportioned and allotted shall be placed to the credit of such Indian
upon the books of the Treasury, and the same shall thereupon be sub-
ject to the order of such Indian: Provided, That no apportionment
or allotment shall be made to any Indian until such Indian has first
made an application therefor : Provided further, That the Secretaries
of the Interior and of the Treasury are hereby directed to withhold
from such apportionment and allotment a sufficient sum of the said
Indian funds as may be necessary or required to pay any existing
claims against said Indians that may be pending for settlement by
judicial determination in the Court of Claims or in the Executive
Departments of the Government, at time of such apportionment and
allotment. (34 Stat. 1221.)

This and the section next following were an act entitled "An act providing
for the allotment and distribution of Indian tribal funds."


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S 4079 INDIANS (lit 28

§ 4079. (Act March 2» 1907» c 2523, § 2.) Payment of ahare of
tribid fundi to helpless, etc., Indians.

The Secreury of the Interior is hereby authorized to pay any In-
dian who is blind, crippled, decrepit, or helpless from old age, disease,
or accident, his or her share, or any portion thereof, of the tribal
trust funds in the United States Treasury belonging to the tribe of
which such Indian is a member, and of any other money which may
hereafter be placed in the Treasury for the credit of such tribe and
susceptible of division among its members, under such niles, r^ula-
tions, and conditions as he may prescribe. (34 Stat 1221.)
§ 4080. (Act April 4, 1910, c. 140, | 1.) Sutements of accounts
between United States and Indian tribes under reimbursable
appropriations, and pasrment of balances.

Hereafter the Secretary of the Interior shall cause to be stated
annual accounts between the United States and each tribe of Indians
arising under appropriations heretofore, herein, or hereafter to be
made, which by law are required to be reimbursed to the United
States, crediting in said accounts the sums so reimbursed, if any ; and
the Secretary of the Interior shall pay, out of any fund or funds be-
longing to such tribe or tribes of Indians applicable thereto and held
by the United States in trust or otherwise, all balances of accounts
due to the United States and not already reimbursed to the Treasury,
and deposit such sums in the Treasury as miscellaneous receipts ; and
such accounts shall be received and examined by the proper auditor
of the Treasury Department and the balances arising thereon certified
to the Secretary of the Treasury. (36 Stat. 270.)

These were provisions of ths Indian appropriation act for the fiscal j<sar
1911, cited above.

§ 4081. CfL S. § 2097.) Ifiisapplication of funda belonging to the

Indiana prohibited.
No funds belonging to any Indian tribe with which treaty relations
exist shall be applied in any manner not authorized by such treaty, or
by express provisions of law ; nor shall money appropriated to ex-
ecute a treaty be transferred or applied to any other purpose, unless
expressly authorized by law.

Act Julj 26, 1866, c 266, { 2, 4 Sut 280.
§ 4082. (R S. § 2098.) Indian depredationa, how paid.

No part of the moneys which may be appropriated in any gen-
eral act or deficiency bill making appropriations for the current
and contingent expenses incurred in Indian affairs, to pay annui-
ties due to or to be used and expended for the care and benefit of
any tribe or tribes oi Indians, shall be applied to the payment of
any claim for depredations that may have been or may be com-
mitted by such tribe or tribes, or any member or members there-
of. No claims for Indian depredations shall be paid until Con-
gress shall make special appropriation therefor.

Act Jalj 16, 1870, c 296, { 4, 16 Sut 860.
(R. S. § 2099. Superseded.)

This aeotion provid<^ that moneys appropriated for pnrpotM nf «4iicitioa
amonff tha Indian tribea abooM not ba expended eltewbexe than ia Indian


Digitized by


Cli.2) INDIANS § 4086

country, excepting certain expenditures authorized by treaty to be under
direction either of the President or of the Indian tribes. It is transferred
to Chapter 4 A of this Title, "Bducation of Indians." But its provisions
were superseded by a proviso annexed to Act July 31, 1882, c. 363, post, §
4163, that moneys appropriated for general purposes of education among
the Indians might be expended for education of Indian youth at such posts,
institutions, and schools as the Secretary of the Interior might consider
advantageous, or as Ck)ngress from time to time might authorize and provide.

§ 4083. (R. S. § 2100.) Annuities of Indians hostile to United

States not to be paid or delivered.
No moneys or annuities stipulated by any treaty with an In-
dian tribe for which appropriations are made shall be expended
for, or paid, or delivered to any tribe which, since the next pre-
ceding payment under such treaty, has engaged in hostilities
against the United States, or against its citizens peacefully or law-
fully sojourning or traveling within its jurisdiction at the time of
such hostilities; nor in such case shall such stipulated payments
or deliveries be resumed until new appropriations shall have been
made therefor by Congress. And the Commissioner of Indian Af-
fairs shall report to Congress, at each session, any case of hostili-
ties, by any tribe with which the United States has treaty stip-
ulations, which has occurred since his next preceding report.

Act March 2, 1867, c. 173, S 2, 14 Stat. 515.

Payment of appropriations to Indians at war with the United States was
prohibited by Act March 3, 1875, c 132, | 2, post, f 4064.

§ 4084. (Act March 3, 1875, c. 132, § 2.) Appropriations not to be
paid to Indians at war with United States.

None of the appropriations herein made, or of any appropria-
tions made for the Indian service, shall be paid to any band of In-
dians or any portion of any band while at war with the United
States or with the white citizens of any of the States or Territo-
ries. (18 Stat. 449.)

This section was part of the Indian appropriation act for the fiscal year

1876, cited above.

§ 4085. (R. S. § 2101.) Goods withheld from chiefs who have vio-
lated treaty stipulations.
No delivery of goods or merchandise shall be made to the chiefs
of any tribe, by authority of any treaty, if such chiefs have vio-
lated the stipulations contained in such treaty upon their part
Act April 10, 1869, c. 16, § 2, 16 Stat 89.

(R. S. § 2102. Superseded.)
This section provided for withholding from any tribe of Indians holding
American captives any moneys due them, until such captives should have been
surrendered. It was superseded by a similar provision of Act March 8, 1875,
c 182, I 1, post, S 4086.

§ 4086. (Act March 3, 1875» c. 132, § 1.) Moneys due Indians

holding captives other than Indians to be withheld.

That the Secretary of the Interior be authorized to withhold,

from any tribe of Indians who may hold any captives other than

Indians, any moneys due them from the United States until said

Comp.St.'13-103 (1633)

Digitized by


§ 4080 INDIANS (Tit 28

captives shall be surrendered to the lawful authorities of the
United States. (18 Stat. 424.)

This was a proTiiion of tha Indian appropriation act for tba fiacal jmr
1876, dted above.

§ 4087. (R. S. § 2103.) Contracts with Indian tribes or Indians.

No agreement shall be made by any person with any tribe of
Indians, or individual Indians not citizens of the United States,
for the payment or delivery of any money or other thing of value,
in present or in prospective, or for the granting or procuring any
privilege to him, or any other person in consideration of services
for said Indians relative to their lands, or to any claims growing
out of, or in reference to, annuities, installments, or other moneys,
claims, demands, or thing, under laws or treaties with the United
States, or official acts of any officers thereof, or in any way con-
nected with or due from the United States, unless such contract
or agreement be executed and approved as follows :

First. Such agreement shall be in writing, and a duplicate of it
delivered to each party.

Second. It shall be executed before a judge of a court of record,
and bear the approval of the Secretary of the Interior and the
Commissioner of Indian Affairs indorsed upon it

Third. It shall contain the names of all parties in interest, their
residence and occupation; and if made with a tribe, bv their tri-
bal authorities, the scope of authority and the reason for exercis-
ing that authority, shall be given specifically.

Fourth. It shall state the time when and place where made, the
particular purpose for which made, the special thing or things to
be done under it, and, if for the collection of money, the basis of
the claim, the source from which it is to be collected, the disposi-
tion to be made of it when collected, the amount or rate per
centum of the fee in all cases ; and if any contingent matter or con-
dition constitutes a part of the contract or agreement, it shall be
specifically set forth.

Fifth. It shall have a fixed limited time to run, which shall be
distinctly stated.

Sixth. The judge before whom such contract or agreement is
executed shall certify officially the time when and place where
such contract or agreement was executed, and that it was in his
presence, and who are the interested parties thereto, as stated to
him at the time ; the parties present making the same ; the source
and extent of authority claimed at the time by the contracting par-
tics to make the contract or agreement, and whether made in per-
son or by agent or attorney of either party or parties.

All contracts or agreements made in violation of this section shall
be null and void, and all money or other thing of value paid to
any person by any Indian or tribe, or any one else, for or on his
or their behalf, on account of such services, in excess of the
amount approved by the Commissioner and Secretary for such
services, may be recovered by suit in the name of the United

Digitized by

by Google

Ch.2) INDIANS § 4089

States in any court of the United States, regardless of the amount
in controversy; and one-half thereof shall be paid to the person
suing for the same, and the other half shall be paid into the Treas-
ury for the use of the Indian or tribe by or for whom it was so

Act March 3. 1871, c 120, { 3, 16 Stat 670. Act May 21, 1872, c. 177,
H 1, 2, 17 Stat 136.

Provisions of the same nature as those of this section, relating to private
contracts or agreements with Indian tribes or Indians, made prior to the date
of Act May 21, 1872, c. 177, cited above, which was incorporated into this
section of the Revised Statutes, were made by Act April 29, 1874, c. 135,
18 Stat 35. That act is omitted, as temporary merely.

§ 4088. (R. S. § 2104.) Payments under contracts restricted.

No money shall be paid to any agent or attorney by an officer
of the United States under any such contract or agreement, other
than the fees due him for services rendered thereunder; but the
moneys due the tribe, Indian, or Indians, as the case may be, shall
be paid by the United States, through its own officers or agents,
to the party or parties entitled thereto; and no money or thing
shall be paid to any person for services under such contract or
agreement, until such person shall have first filed with the Com-
missioner of Indian Affairs a sworn statement, showing each par-
ticular act of service under the contract, giving date and fact in
detail, and the Secretary of the Interior and Commissioner of In-
dian Affairs shall determine therefrom whether, in their judgment,
such contract or agreement has been complied with or fulfilled;
if so, the same may be paid, and, if not, it shall be paid in propor-
tion to the services rendered under the contract
Act May 21, 1872, c. 177, { 2, 17 Stat 136.

§ 4089. (R. S. § 2105.) Receiving moneys under prohibited con-
tracts punishable; prosecution therefor; Indian agents or em-
ployes of United States aiding in making prohibited contracts
or pa3rments to be dismissed from the service.
The person so receiving such money contrary to the provisions
of the two preceding sections, and his aiders and abettors, shall,
in addition to the forfeiture of such sum, be punishable by im-
prisonment for not less than six months, and by a fine of not less
than one thousand dollars. And it shall be the duty of all district
attorneys to prosecute such cases when applied to do so, and their
failure and refusal shall be ground for their removal from office.
Any Indian agent, or other person in the employment of the Unit-
ed States, who shall, in violation of the provisions of the preced-
ing section, advise, sanction, or in any way aid in the making of
such contracts or agreements, or in making such payments as are
here prohibited, shall, in addition to the punishment herein im-
posed on the person making such contract, or receiving such mon-
ey, be, on conviction, dismissed from the service of the United
States, and be forever disqualified from holding any office of profit
or trust under the same.

Act March 3, 1871, c. 120, { 3, 16 Stat 570.


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§ 4000 INDIANS (Tit 28

§ 4090. (R. S. § 2106.) Assignments of contracts restricted

No assignment of any contracts embraced by section twenty-one
hundred and three, or of any part of one shall be valid, unless the
names of the assignees and their residences and occupations be
entered in writing upon the contract, and the consent of the Sec-

Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 58 of 150)