United States.

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 59 of 150)
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retary of the Interior and the Commissioner of Indian Affairs to
such assignment be also indorsed thereon.
Act May 21, 1872. c 177, | 2. 17 SUt 136.
R. S. I 2108, mentloDed in this tecUon, ii let forth ante, | 4087.

(R. S. § 2107. Superseded.)

This tectioii provided that no paymenti should be made to contractors for
goods or supplies furnished to Indians, or for transportation thereof, «.r for
buildings or machinery erected or placed on their reservations, under any
contract with the Department of the Interior, on receipts or certificatss of
Indian agents, etc, fbr such supplies, etc., for more than 60 per cent, of
the amount due, until the accounts and vouchers should have been submitted
to the executive committee of the Board of Indian Commissioners, for ei-
amination, revisal, and approval; that such Board should forward the ac-
counts and vouchers submitted to them to the Secretary of the Interior,
with the reasons for their approval or disapproval of tba same; and that
the Secretary should have power to sustain, set aside, or modify the action
of the Board, and cause payment to be made or withheld, as he should de-
termine.

These provisions contemplated the exercise, by the Board, of the duty '*to
supervise all expenditures of money appropriated for the benefit of Indians,**
under R. S. f 2041 ; but they were superseded by the subsequent proviicion
that "the Commission shall only have power to visit and inspect agendca
and other branches of the Indian service, and to inspect goods purchased for
said service,** ate, of Act May 17, 1882, c. 168, { 1, anta, { 8982.

§ 4091. (Act July 4, 1884, c. 180, § 8.) False vouchers, accounts,
or claims presented b^ officers or other persons; efiPect to pre-
vent pa3rment or cre<ut
Any disbursing or other officer of the United States, or other
person, who shall knowingly present, or cause to be presented,
any voucher, account, or claim to any officer of the United States,
for approval or payment, or for the purpose of securing a credit
in any account with the United States, relating to any matter per-
taining to the Indian service, which shall contain any material mis-
representation of fact in regard to the amount due or paid, the
name or character of the article furnished or received; or of the
service rendered, or to the date of purchase, delivery, or perform-
ance of service, or in any other particular, shall not be entitled to
payment or credit for any part of said voucher, account, or claim ;
and if any such credit shall be given or received, or payment made,
the United States may recharge the same to the officer or person
receiving the credit or payment, and recover the amount from ci-
ther or from both, in the same manner as other debts due the
United States are collected: Provided, That where an account
contains more than one voucher the foregoing shall apply only
to such vouchers as contain the misrepresentation : And provided
further. That the officers and persons by and between whom the
business is transacted shall, in all civil actions in settlement of
accounts, be presumed to know the facts in relation to the matter
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Ch.2) INDIANS § 4094

set forth in the voucher, account, or claim : And provided further,
That the foregoing shall be in addition to the penalties now pre-
scribed by law, and in no way affect proceedings under existing
law for like offenses. That where practicable this section shall be
printed on the blank forms of vouchers provided for general use.
(23 Stat. 97.)

This section was part of the Indian appropriation act for the fiscal year
1885, cited above.

§ 4092. (R. S. § 2108.) Moneys due incompetent or orphan In-
dians.
The Secretary of the Interior is directed to cause settlements
to be made with all persons appointed by Indian councils to re-
ceive moneys due to incompetent or orphan Indians, and to re-
quire all moneys found due to such incompetent or orphan Indians
to be returned to the Treasury ; and all moneys so returned shall
bear interest at the rate of six per centum per annum, until paid
by order of the Secretary of the Interior to those entitled to the
same. No money shall be paid to any person appointed by any
Indian council to receive moneys due to incompetent or orphan
Indians, but the same shall remain in the Treasury of the United
States until ordered to be paid by the Secretary to those entitled
to receive the same, and shall bear six per centum interest until so
paid.

Act July 5, 1862. c. 135, { 6, 12 Stat 529.

§ 4093. (R. S. § 2109.) Number of Indians present and receiv-
ing food, etc., to be reported.

Whenever the issue of food, clothing, or supplies of any kind to
Indians is provided for, it shall be the duty of the agent or com-
missioner issuing the same, at such issue thereof, whether it be
both of food and clothing, or either of them, or of any kind of sup-
plies, to report to the Commissioner of Indian Affairs the number
of Indians present and actually receiving' the same.
Act Feb. 14, 1873. c. 138, S 7. 17 Stat. 463, 464.

§ 4094. (R. S. § 2110.) Rations for Indians.

The President is authorized to cause such rations as he deems
proper, and as can be spared from the Army provisions without
injury to the service, to be issued, under such regulations as he
shall think fit to establish, to Indians who may visit the military
posts .or agencies of the United States on the frontiers, or in their
respective nations; and a special account of these issues shall be
kept and rendered.

Act Jone^SO, 1884, c 162, | 16, 4 Stat 788.

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8 4095



IMDIAMa



(Tit 28



CHAPTER THREE
Government and Protection of Indians



8m. 8m.

4096. Sendinf Mdltiooi mesMget; pen-
altj.

4006. CtnTinf leditioiu meMifci; pen- 4116.

alty.

4007. Correspondence with foreign na-

tions, to excite Indians to war;
penalty.

4006. General superintendence by the 4116.
President oTer tribes remored
west of the Mississippi. 4117.

4000. Sorrey of Indian reservations.

4100. Purchases or grants of lands 41ia
from Indiana.

410L Fees payable on behalf of Indian

parties in contests under public 4110.
land laws; amount and pay-
ment thereof.

4102. District attorneys to represent 4120.
Indians in all suits in certain
States, etc

4108. White men marrying Indian 4121.
women not to acquire any right
to tribal property, etc

4104. Indian women marrying white
men to become citisens of Unit-
ed Sutes; right to tribal prop-
erty, etc, not affected thereby.

4106. E}vidence of marriage of white 4122.
man with Indisn woman.

4106. Children of marriages previous to

act between white men and In- 4128.
dian women to have same
rights, etc., as mother, to prop-
erty, etc, of tribe.

4107. Driving stock to feed on Indian 4124.

lands.

4108. Settling on or surveying lands be-

longing to Indians by treaty.
4100. Protection of Indians desiring

dviUsed life 4126.

4110. Indisni trespassing upon lands

of civilised Indians.

4111. Suspension of chief for trespass.

4112. Sale of buildings belonging to the

United States. 4126.

4113. Ssle of lands with buildings.

4114. Government of property at In-

dian reservation or school, not



required for use; removal au-
thorised.

Government property at Indian
reservation, not required for
use; transfer or sale authoris-
ed; disposition of proceeds of
sale.

Penalties under this Title; bow
recovered.

Proceedings against goods seised
for violation of this Title.

Burden of proof in trials of right
of property between Indians
and white persons.

Indians on reservations not to be
permitted to go into State of
Texas.

Sale by agents of cattle, horses,
etc, of Indians not required for
their use, authorised.

Sale of cattle of Indians porefaaa-
ed by Government to persons
not members of the tribe, etc^
forbidden, except with written
consent of agent; purchase in
violations of provision punisb-
sble.

Sale or other disposition of dead
timber, by Indians oo reserva-
tions, authorised.

Sale or other dispositioB of dead
timber, by Indians on reserva-
tions, etc, in Minnesota, au-
thorised.

Fund for encouraging agricultur-
al industry among Indians; con-
ditions for repsyments; dispo-
sition of repayments; report of
use of fund.

Additional fund for encouraging
agricultural industry smong In-
dians; conditions for* repay-
ments; disposition of repay-
ments; report of use of fund.

Access to records of Five Civilis-
ed Tribes by Secretary of In-
terior.



§ 4095. (R S. § 2111.) Sending seditious messages; penalty.

Every person who sends any talk, message, or letter to any In-
dian nation, tribe, chief, or individual, with an intent to produce
a contravention or infraction of any treaty or law of the United

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Ch.3) INDIANS § 4100

States, or to disturb the peace and tranquility of the United States,
is liable to a penalty of two thousand dollars.
Act June 30. 1834, c 161/I 18, 4 Stat 781.

§ 4096. (R. S. § 2112.) Carrying seditious messages; penalty.

Every person who carries or delivers any talk, message, speech,
or letter, intended to produce a contravention or infraction of any
treaty or law of the United States, or to disturb the peace or
tranquility of the United States, knowing the contents thereof, to
or from any Indian nation, tribe, chief, or individual, from or to
any person or persons whatever, residing within the United States,
or from or to any subject, citizen, or agent of any foreign power
or state, is liable to a penalty of one thousand dollars.
Act June 30, 1834, c 161, { 14, 4 Stat 731.

§ 4097. (R. S. § 2113.) Correspondence with foreign nations, to

excite Indians to war; penalty.
Every person who carries on a correspondence, by letter or oth-
erwise, with any foreign nation or power, with an intent to in-
duce such foreign nation or power to excite any Indian nation,
tribe, chief, or individual, to war against the United States, or to
the violation of any existing treaty ; or who alienates, or attempts
to alienate, the confidence of any Indian or Indians from the Gov-
ernment of the United States, is liable to a penalty of one thou-
sand dollars.

Act June 30, 1834, c 161, i 15, 4 Stat 731.

§ 4098. (R. S. § 2114.) General superintendence by the President

over tribes removed west of the Mississippi.
The President is authorized to exercise general superintendence
and care over any tribe or nation which was removed upon an ex-
change of territory under authority of the act of May twenty-
eighth, eighteen hundred and thirty, "to provide for an exchange
of lands with the Indians residing in any of the States or Terri-
tories, and for their removal west of the Mississippi;" and to cause
such tribe or nation to be protected, at their new residence, against
all interruption or disturbance from any other tribe or nation of
Indians, or from any other person or persons whatever.

Act May 28, 1830, c. 148, K 7, 8, 4 Stat 412.

§ 4099. (R. S. § 2115.) Survey of Indian reservations.

Whenever it becomes necessary to survey any Indian or other
reservations, or any lands, the same shall be surveyed under the
direction and control of the General Land-Office, and as nearly as
may be in conformity to the rules and regulations under which
other public lands are surveyed.

Act April 8, 1864, c. 48, { 6, 13 Stat 41.

§ 4100. (R. S. § 2116.) Purchases or grants of lands from Indi-
ans.
No purchase, grant, lease, or other conveyance of lands, or of
any title or claim thereto, from any Indian nation or tribe of In-
dians, shall be of any validity in law or equity, unless the same

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§ 4100 iMDiANf (Tit. 28

be made by treaty or convention entered into pursuant to the
Constitution. Every person who, not being employed under the
authority of the United States, attemt>ts to negotiate such treaty
or convention, directly or indirectly, or to treat with any such na-
tion or tribe of Indians for the title or purchase of any lands by
them held or claimed, is liable to a penalty of one thousand dol-
lars. The agent of any State who may be present at any treaty
held with Indians under the authority of the United States, in the
presence and with the approbation of the commissioner of the
United States appointed to hold the same, may, however, propose
to, and adjust with, the Indians the compensation to be made for
their claim to lands within such State, which shall be extin-
guished by treaty.

Act June 80, 1834, c 161« { 12, 4 SUt 780.

In any toit in the Supreme Court to determine the right of a State to
school lands wiUiin any Indian reaervation or Indian ceHion, where an In-
dian tribe daimf any right to or interest in the lands, etc, the right of rach
State may b« folly tested and determined witbont making the Indian tribe
a party to the salt, if the Secretary of the Interior is made a party thereto,
and the doty of representing and defending the right or interest of the
Indian tribe shall devolve upon the Attomey-Qenenl, on request of the
Secretary, by Act March 2, 1001, c 808, post, | 4881.

§ 4101. (Act March 3, 1893, c. 209, § 1.) Feet payable on bdialf
of Indian parties in contests under public land laws; anx>tmt
and pa3rment thereof.
To enable the Secretary of the Interior, in his discretion, to pay
the legal costs incurred by Indians in contests initiated by or
against them, to an entry, filing or other claims, under the laws of
Congress relating to public lands for any sufficient cause affecting
the legality or validity of the entry, filing or claim, five thousand
dollars: Provided, That the fees to be paid by and on behalf of
the Indian party in any case shall be one-half of the fees provided
b^ law in such cases, and said fees shall be paid by the Commis-
sioner of Indian Affairs, with the approval of the Secretary of the
Interior, on an account stated by the proper land officers through
the Commissioner of the General Land Office. (27 Stat 631.)

This was a proTision of the Indian appropriation act for the fiscal ytmr
1894, cited above.

Appropriations for legal expenses in Tarions suits, etc, on behalf of or
against Indians, including hearings by local land officers to determine rigtita
of Indians to public lands, are made by the annual Indian appropriation acts.
The provision for the fiscal year 1914 was by Act June 80, 1913, c. 4, | 1, 88
Stat 8a

§ 4102. (Act March 3, 1893, c 209, § 1.) District attorneys to
represent Indians in all suits in certain States, etc
In all States and Territories where Uicre are reservations or al-
lotted Indians the United States District Attorney shall represent
them in all suits at law and in equity. (27 Stat 631.)

This was a further provision of the Indian appropriation act for the Ibcal
year 1894, cited abore.

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Ch. 3) INDIANS § 4107

§ 4103. (Act Aug. 9, 1888, c. 818, § 1.) White men marrying In-
dian women not to acquire any right to tribal property, etc.
No white man, not otherwise a member of any tribe of Indians,
who may hereafter marry, an Indian woman, member of any In-
dian tribe in the United States, or any of its Territories except the
five civilized tribes in the Indian Territory, shall by such marriage
hereafter acquire any right to any tribal property, privilege, or in-
terest whatever to which any member of such tribe is entitled.
(25 Stat. 392.)

This section and the two sections next following were an act entitled "An
act in relation to marriage between white men and Indian women."

§ 4104. (Act Aug. 9, 1888, c. 818, § 2.) Indian women marr>ring

white men to become citizens of United States ; right to tribal

property, etc., not aflFected thereby.

Every Indian woman, member of any such tribe of Indians, who

may hereafter be married to any citizen of the United States, is

hereby declared to become by such marriage a citizen of the

United States, with all the rights, privileges, and immunities of

any such citizen, being a married woman : Provided, That nothing

in this act contained shall impair or in any way affect the right or

title of such married woman to any tribal property or any interest

therein. (25 Stat 392.)

§ 4105. (Act Au^. 9, 1888, c. 818, § 3.) Evidence of marriage of
white man with Indian woman. '
Whenever the marriage of any white man with any Indian wo-
man, a member of any such tribe of Indians, is required or offered
to be proved in any judicial proceeding, evidence of the admission
of such fact by the party against whom the proceeding is had, or
evidence of general repute, or of cohabitation as married persons,
or any other circumstantial or presumptive evidence from which
the fact may be inferred, shall be competent. (25 Stat. 392.)

§ 4106. (Act Jime 7, 1897, c. 3, § 1.) Children of marriages pre-
vious to act between white men and Indian women to have
same rights, etc., as mother, to property, etc., of tribe.

All children born of a marriage heretofore solemnized between
a white man and an Indian woman by blood and not by adoption,
where said Indian woman is at this time, or was at the time of her
death, recognized by the tribe shall have the same rights and
privileges to the property of the tribe to which the mother belongs,
or belonged at the time of her death, by blood, as any other mem-
ber of the tribe, and no prior Act of Congress shall be construed
as to debar such child of such right. (30 Stat. 90.)

This was a provision of section 1 of the Indian appropriation act for the
fiscal year 1898, cited above.

§ 4107. (R. S. § 2117.) Driving stock to feed on Indian lands.

Every person who drives or otherwise conveys any stock of
horses, mules, or cattle, to range and feed on any land belonging to

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§4107 niDiAMS (Tit 28

any Indian or Indian tribe, without the consent of such tribe^ is
liable to a penalty of one dollar ior each animal of such stock.
Act Jane 80^ 1884, c 181, | 9, 4 Stat 780.

§ 4108. (R S. § 2118.) Settling on or surveying lands belonging

to Indians by treaty.
Every person who makes a settlement on any lands belonging,
secured, or granted by treaty with the United States to any In-
dian tribe, or surveys or attempts to survey such lands, or to des-
ignate any of the boundaries by marking trees, or otherwise, is
liable to a penalty of one thousand dollars. The President may,
moreover, take such measures and employ such military force as he
may judge necessary to remove any such person from the lands.

Act June 80, 1884, c. 161, | 11, 4 Stat 780.

§ 4109. (R S. § 2119.) Protection of Indiana desiring dvilixed

life.
Whenever any Indian, being a member of any band or tribe
with whom the Government has or shall have entered into treaty
stipulations, being desirous to adopt the habits of civilized life, has
had a portion of the lands belonging to his tribe allotted to him in
severalty, in pursuance of such treaty stipulations, the agent and
superintendent of such tribe shall take such measures, not incon-
sistent with law, as may be necessary to protect such Indian in
the quiet enjoyment of the lands so allotted to him.

Act Jane 14, 1862, c 101, | 1, 12 SUt 427.

§ 4110. (R S. § 2120.) Indians trespassing upon lands of civ-
ilixed Indians.
Whenever any person of Indian blood belonging to a band or
tribe which receives or is entitled to receive annuities from the
United States, and who has not adopted the habits and customs of
civilized life, and received his lands in severalty by allotment, as
mentioned in the preceding section, commits any trespass upon
the lands or premises of any Indian who has so received his lands
by allotment, the superintendent and agent of such band or tribe
shall ascertain the damages resulting from such trespass, and the
sum so ascertained shall be withheld from the payment next there-
after to be made, either to the band or tribe to which the party
committing such trespass shall belong, as in the discretion of the
superintendent he shall deem proper; and the sum so withheld
shall, if the Secretary of the Interior approves, be paid over by
the agent or superintendent to the party injured.
Act June 14, 1862, c 101, | 2, 12 Stat 427.

§ 4111. (R S. § 2121.) Suspension of chief for trespass.

Whenever such trespasser as is mentioned in the preceding sec-
tion is the chief or head-man of a band or tribe, the superintend-
ent of Indian affairs in his district shall also suspend the trespasser
from his office for three months, and shall during that time de-
prive him of all the benefits and emoluments connected therewith :

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Ch. 3) INDIANS § 4116

but the chief or head-man may be sooner restored to his former
standing if the superintendent shall so direct
Act June 14, 1862, c 101, | 8, 12 SUt 427.

§ 4112. (R. S. § 2122.) Sale of bxiildings belonging to the United
States.

The Secretary of the Interior is authorized to cause all such
buildings belonging to the United States, as have been, or here-
after shall be, erected for the use of their agents, teachers, farmers,
mechanics, and other persons employed amongst the Indians, to
be sold whenever the lands on which the same are erected have
become the property of the United States, and are no longer nec-
essary for such purposes.

Act March 8, 1843, c 78, | 1, 5 Stat 611.

§ 4113. (R. S. § 2123.) Sale of lands with buildings.

The Secretary of the Interior is authorized to cause to be sold,
at his discretion, with each of such buildings as are mentioned in
the preceding section, a quantity of land not exceeding one sec-
tion ; and on the payment of the consideration agreed for into the
Treasury of the United States by the purchaser, the Secretary shall
make, execute, and deliver to the purchaser a title in fee-simple for
such lands and tenements.

Act March 8, 1843, c. 78, f 2, 5 Stat 611.

§ 4114. (Act March 1, 1907, c. 2285.) Government property at

Indian reservation or school, not required for use; removal

authorized.

Hereafter where there is Government property on hand at any

of the Indian reservations or schools not required for the use or

benefit of the Indians of said reservations or schools, the Secretary

of the Interior is hereby authorized to move such property to other

Indian reservations or schools where it may be required. (34

Stat. 1016.)

This was a proyision of the Indian appropriation act for the fiscal year
1908, cited above.

Other provisions for the disposition of Government property at Indian
reservations, not required for the use of the Indians, were made by Act July
1, 1898^ c. 545, i 6, as amended by Act June 25, 1910, c 481, i 22, post, (
4115.

§ 4115. (Act July 1, 1898» c 545, § 6, as amended. Act June 25^
1910, c. 431, § 22.) Government property at Indian reserva-
tion, not required for use; transfer or sale authorized; dis-
position of proceeds of sale.
Whenever there is on hand at any of the Indian reservations
government property not required for the use and benefit of the
Indians on such reservations, the Secretary of the Interior is au-»
thorized to cause any such property to be transferred to any other In-
dian reservation where it may be used advantageously, or to cause
it to be sold and the proceeds thereof deposited and covered into the
Treasury in conformity with section thirty-six hundred and eighteen

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(4116 INDIANS (Tit 28

of the Revised Statutes of the United States. (30 Stat. 596. 36
Sut. 861.)

This sectfon was part of the lodian appropriation act for the fiscal year
1809, first dted above.

The section, as origiiiallj enacted, aathorised the Secretary of the Interior
'to move snch property to other Indian reservations where it may be re-
quired, or to sell it and apply the proceeds of same in the purchase of such
articles as may be needed for the use of the Indians for whom said property
was pnrchased," and required him to make report of his action to the next
session of Congress thereafter. It was amended to read as set forth hers,
by Act Jane 25, 1910, c. 431, i 22, which section was part of an act to pro-
vide for determining heirs of deceased Indians, etc., last cited above.

A similar provision for the removal of Government property at any Indian
reservation or school, to other reservations or schools where it may bs rs>
quired, made by Act March 1, 1907, c 2285, is set forth ante, i 4114.

§ 4116. (R S. § 2124,) Penalties under this Title; how recovered.

All penalties which shall accrue under this Title shall be sued



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 59 of 150)