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 61 of 150)
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Department.**

The provisions of this portion of the section, as so amended, were soperseded
by those of Act Jan. 80, 1897, c. 100, i 1, post, | 4137.

Further provisions added at the end of the section by said amendment by Act
July 27, 1802, c. 234, relatinf to complaints for arrest of persons for riola-
tion of said act, and to the arrest and examination of snch pereonat are set
forth post, I 4140.

§ 4137. (Act Jan. 30, 1897, o. 109, § 1.) SeUing, etc^ intoxiaiting
drinks to Indians, or introducing intoxicating liquors into In-
dian country, punishable; imprisonment and fine; authority ot
War Department as defense.
Any person who shall sell, give away, dispose of, exchange, or
barter any malt, spirituous, or vinous liquor including beer, ale, and
wine, or any ardent or other intoxicating liquor of any kind what-
soever, or any essence, extract, bitters, preparation, compound,
composition, or any article whatsoever, under any name, label, or
brand, which produces intoxication, to any Indian to whom allot-
ment of land has been made while the title to the same shall be
held in trust by the Government, or to any Indian a ward of the
Government under charge of any Indian superintendent or agent,
or any Indian, including mixed bloods, over whom the Government,
through its departments, exercises guardianship, and any person
who shall introduce or attempt to introduce any malt, spirituous, or
vinous liquor, including beer, ale, and wine, or any ardent or in-
toxicating liquor of any kind whatsoever into the Indian country,
which term shall include any Indian allotment while the title to
the same shall be held in trust by the Government, or while the
same shall remain inalienable by the allottee without the consent
of the United States, shall be punished by imprisonment for not
less than sixty days, and by a fine of not less than one hundred
dollars for the first offense and not less than two hundred dollars
for each offense thereafter : Provided however. That the person con-
victed shall be committed until fine and costs are paid. But it shall
be a sufficient defense to any charge of introducing or attempting to
introduce ardent spirits, ale, beer, wine, or intoxicating liquors mto
the Indian country that the acts charged were done under author-
ity, in writing, from the War Department or any officer duly au-
thorized thereunto by the War Department. (29 Stat 506.)

This was an act entitled "An act to prohibit the sale of intoxicatinc drinks
to Indians, providing penalties therefor, and for other purposes.**

This act sui>er8eded provisions relating to the same subject oif R. 8. | 2138,
as amended by Act Feb. 27, 1877, c 09, § 1, 18 SUt 244, and further amended
by Act July 23, 1892, c 284, 27 SUt 260; and section 2 of thU act rapealed
■o much of said Act July 23, 181)2, c 234, as was inconsistent with tba prori-
sions of this set

Provisions added to R. 8. | 2138, by amendment by said Act Joly 23, 1882,
c 234, not inconsistent with the provisions of this act, are set forth post, i
4140.

A provision that no part of R. 8. If 2139, 2140, ahoold be a bar to the
prosecution of any officer, aoldier, etc, of the Army who shoald famish liq-
uors, etc, to any Indian* which may ba rtgardad as appUcabla to tha provl-

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Ch. 4) INDIANCI § 4140

sioiifl of this act similar to those of said section 2189, made by Act July 4,
18S4, c. X80, I 1, is set fortli post, f 4138.

Introduction and use of wines for sacramental purposes, within the Indian
country, was not to be unlawful, by a provision of Act Aug. 24, 1912, c 888,
I 1, post, I 4139.

§ 4138. (Act July 4, 1884, c 180, § 1.) Officers, soldiers, etc., of
Army furnishing liquors, etc., to Indians.
No part of section twenty-one hundred and thirty-nine or of
section twenty-one hundred and forty of the Revised Statutes shall
be a bar to the prosecution of any officer, soldier, sutler or store-
keeper, attache, or employe of the Army of the United States who
shall barter, donate, or furnish in any manner whatsoever liquors,
beer, or any intoxicating beverage whatsoever to eny Indian. (23
Stat. 94.)

This was a provision, accompausring an appropriation for detecting and pros-
ecuting persons selling liquors, etc., to Indians, in the Indian appropriation act
for the fiscal year 1885, cited above.

R. S. § 2139, mentioned in this provision, was superseded by the similar
but more comprehensive provisions of Act Jan. 30, 1897, c 109, § 1, ante, §
4137, to which tliis provision may be regarded as applicable. See notes to said
act

R. S. S 2140, also mentioned in this provision, is set forth post, { 4141.

§ 4139. (Act Aug. 24» 1912, c 388, § 1.) Introducing and using
wines, within Indian country, for sacramental purposes, not
imlawful.
Hereafter it shall not be unlawful to introduce and use wines
solely for sacramental purposes, under church authority, at any
place within the Indian country or any Indian reservation, includ-
ing the Pueblo Reservations in New Mexico. (37 Stat. 519.)

This was a proviso annexed to an appropriation for suppression of the traffic
in intoxicating liquors among Indians in the Indian appropriation act for the
fiscal year 1918, cited above.

§ 4140. (Act July 23, 1892, c. 234.) Complaints for violations of
provisions prohibiting sale, etc., to Indians, or introduction
into Indian country, of intoxicating liquors; arrests and ex-
aminations.
All complaints for the arrest of any person or persons made for
violation of any of the provisions of this act shall be made in the
county where the offense shall have been committed, or if com-
mitted upon or within any reservation not included in any county,
then in any county adjoining such reservation, * * ; but in all
cases such arrests shall be made before any United States court
commissioner residing in such adjoining county, or before any mag-
istrate or judicial officer authorized by the laws of the State in
which such reservation is located to issue warrants for the arrest
and examination of offenders by section ten hundred and fourteen
of the Revised Statutes of the United States. And all persons so
arrested shall, unless discharged upon examination, be held to an-

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§ 4140 niDiAKi (Tit 28

swer and stand trial before the court of the United States having
jurisdiction of the offense. (27 Stat. 261.)

These were prorisiona added to R. S. | 2189, as part of the amendmenta of
that section made by Act July 28, 1892, e. 234, dted aboTS.

The preceding provisions of said section 2139, as amended by this act, were
superseded by those of Act Jan. 80, 1897, c 109, | 1, ante, | 4187, and so
much of this act as was inconsistent with those of said Act Jan. 80, 1897, e.
109. were repealed by section 2 thsrcol See notes to said socUon 1, anta, |
4137.

The portion of this section omitted here related to arrests in the Indian Ter-
ritory. It was superseded by the admission of that Territory and the Territory
of Olclahoma into the Union as the State of Oklahoma, pursuant to Act Jme
16, 1906, c. 8335, 84 SUt 267.

R. S«| 1014, mentioned in theae proTisiona, Is set forth ante, | 1674.

§ 4141. (RS.§2140.) Searches for concealed liquon; powers of
officers ; seizure of and proceedings against liquors found, etc
If any [superintendent of Indian affairs J Indiah agent, or sub-
agent, or commanding officer of a military post, has reason to sus-
pect or is informed that any white person or Indian is about to in*
troduce or has introduced any spirituous liquor or wine into the
Indian country in violation of law, such superintendent, agent, sub-
agent, or commanding officer, may cause the boats, stores, packages,
wagons, sleds, and places of deposit of such person to be searched ;
and if any such liquor is found therein, the same, together with the
boats, teams, wagons, and sleds used in conveying the same, and
also the goods, packages, and peltries of such person, shall be seized
and delivered to the proper officer, and shall be proceeded against
by libel in the proper court, and forfeited, one-half to the informer
and the other half to the use of the United States ; and if such per-
son be a trader, his license shall be revoked and his bond put in
suit. It shall moreover be the duty of any person in the service
of the United States, or of any Indian, to take and destroy any
ardent spirits or wine found in the Indian country, except such as
may be mtroduced therein by the War Department. In all cases
arising under this and the preceding section Indians shall be com-
petent witnesses.

Act Jane 80, 18d4, c 161, | 21, 4 Stat. 782.

Act Jaly 23, 1892, c. 234, hy its tiUe purported to amend this lectloa and
B. 8. i 2141, besides R. a i 2139, bat Its provisions amended R. 8. | 2189
only.

Tbe words of tbis section, **saperintendettt of Indian atfairs," inclosed in
brackets, bave become inoperative; no appropriatSons for such saperintend-
enU having been made since 1877. See note to R. S. | 2045, ante, i 3980.

The powers conferred by this section on the officers named therein were con-
ferred also on the special agent of the Indian Bnrean for suppression of tlie
liquor traffic among Indians, etc., and hia deputies, by a proriaion of Act March
t, 1907, c. 2285, post, i 4142.

§ 4142. (Act March 1, 1907, c 2285.) Suppression of liquor tra£Bc
among Indians; powers of officers conferred also on special
agent of Indian Bureau and his deputies.

The powers conferred by section twenty-one hundred and forty

of the Revised Statutes upon Indian agents, and subagents, and

commanding officers of military posts are hereby conferred upon

the special agent of the Indian Bureau for the suppression of the

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Ch. 4) INDIANS S 4146

liquor traffic among Indians and in the Indian country and duly
authorized deputies working under his supervision. (34 Stat. 1017.)

This was a provision of the Indian appropriation act for the fiscal year
1908, dted above.

R. a i 2140, mentioned in this provision, is set forth ante, | 4141.

The powers of sherifiFs and their deputies, in each State, conferred on mar^
■hals and their deputies, were conferred also on the chief special officer for sup-
pression of the liqnor traffic among Indians and liis deputies, by a provision
of Act Aug. 24, 1912, c 38d, | 1, post, { 4143.

§ 4143. (Act Aug. 24, 1912, c. 388, § 1.) Suppression of liquor
traffic among Indians; powers of marshals and deputy mar-
shals conferred also on chief special officer and his deputies.
The powers conferred by section seven hundred and eighty-eight
of the Revised Statutes upon marshals and their deputies are here-
by conferred upon the chief special officer for the suppression of
the liquor traffic among Indians and duly authorized officers work-
ing under his supervision whose appointments are made or af-
firmed by the Commissioner of Indian Affairs or the Secretary of
the Interior. (37 Stat. 519.)

This was a farther proviso annexed to an appropriation for suppression of
the traffic in intoxicating liquors among Indians, in the Indian appropriation
act for the fiscal year 1913, dted above.

R. S. I 788, mentioned in this provision, giving marshals and their depu-
ties the powers of sheriflto and their deputies, in each State, if set forth ante,
• 133U2.

§ 4144. (R. S. § 2141.) Setting up distillery in Indian country.

Every person who shall, within the Indian country, set up or
continue any distillery for manufacturing ardent spirits, shall be
liable to a penalty of one thousand dollars; and the [superintend-
ent of Indian affairs,] Indian agent, or subagent, within the limits
of whose agency any distillery of ardent spirits is set up or con-
tinued, shall forthwith destroy and break up the same.
Act June 30, 1834. c. 161, f 21, 4 Stat. 732.

The words of this section, ''superintendent of Indian affairs,'' inclosed in
braclsets, have become inoperative, no appropriations for such superintendents
having been made since 1877. See note to R. S. | 2045, ante, i 3889.

§ 4145. (R. S. § 2142.) Assault.

Every white person who shall make an assault upon an Indian,
or other person, and every Indian who shall make an assault upon
a white person, within the Indian country, with a gun, rifle, sword,
pistol, knife, or any other deadly weapon, with intent to kill or maim
the person so assaulted, shall be punishable by imprisonment, at hard
labor, for not more than five years, nor less than one year.
Act March 27, 1854, c 26, f 6, 10 Stat. 270.

Indians committing any of seven crimes specified including assault with in-
tent to kill, within any Territory, were made subject to the laws of such Ter-
ritory relating to said crimes, and those committing any of said crimes with-
in the boundaries of a State and within the limits of an Indian reservation
were made subject to the same laws as persons committing any of said crimes
witliin the exclusive jurisdiction of the United States, by the Seven Grimes
Act, Act March 3, 1885, c 341, f 9, 23 Stat 385, which was incorporated in-
to the Criminal Code, in section ^28 thereof, post, 1 10502, and was repealed by
section 841 thereof, post, i 10515.

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S 4146 iMDiANt (Tit 28

§ 4146. (R. S. § 2143.) Anon.

Every white person who shall set fire, or attempt to set fire, to
any house, out-house, cabin, stable, or other building, in the Indian
country, to whomsoever belonging; and every Indian who shall
set fire to any house, out-house, cabin, stable, or other building, in
the Indian country, in whole or in part belonging to or in lawful
possession of a white person, and whether the same be consumed or
not, shall be punishable by imprisonment at hard labor for not
more than twenty-one years, nor less than two years.

Act March 27, 1854, c 20, | 4, 10 Stat 270.

Arson wat one of the crimes specified in the Seven Crimea Act, making In-
dians committing any of said crimes if within a Territory, subject to the laws
of the Territory, and if within an Indian reaerration in any State, subject to
the Uws of the United States. See note to R. S. i 2142, ante, | 4145.

§ 4147. (R S. § 2144.) Laws defining, etc» forgery and depreda-
tions on mails, extended to Indian cotmtry.
The general laws of the United States defining and prescribing
punishments for forgery and for depredations upon the mails, shall
extend to the Indian country.

Act March 8, 1865, c 204, | 8» 10 Stat 700.

§ 4148. (R. S. § 2145.) General laws as to punishment of crimes
extended to Indian country.
Except as to crimes the punishment of which is expressly pro-
vided for in this Title, the general laws of the United States as to
the punishment of crimes committed in any place within the sole
and exclusive jurisdiction of the United States, except the District
of Columbia, shall extend to the Indian country.

Act Jnne 80, 1834, c 161, | 25, 4 Sut 738. Act March 27, 1854, c. 26, |
8, 10 Stat 270.

§ 4149. (R S. § 2146, as amended. Act Feb. 18, 1875, c 80, § 1.)
Exception^ to operation of preceding section.

The preceding section shall not be construed to extend to crimes
committed by one Indian against the person or property of another
Indian, nor to any Indian committing any offense in the Indian
country who has been punished by the local law of the tribe, or to
any case where, by treaty stipulations, the exclusive jurisdiction
over such offenses is or may be secured to the Indian tribes re-
spectively.

Act March 27, 1854, e. 28, 1 8, 10 Stat 270. Act Feh. 18, 1875, e. 80, 1 1, 18
Stat 318.

Thb lection, at enacted in the ReTieed Statutes, did not contain the words
"crimes committed bj one Indian acaintt the person or propertj of anottier
Indian, nor to/' Said words were inserted bj amendment making the section
read as set forth here, by Act Feb. 18, 1875, c. 80, | 1, last cited above.

Indians committing any of seven crimes specified, if committed within a Ter-
ritory, were made subject to the laws of the Territory, and if committed witli-
in an Indian reserration in any State, were made subject to the same laws ss
persons committing any of said crimes within the exclusive jurisdiction of the
United SUtes, by the Seren Crimea Act Act March 3. 1SS:>, c. 341. | 9, 23
Stat 385, which was incorporated into the Criminal Code, In section 32S
thereof, post 1 10502, and was repealed by section 841 thereof, post, i 10515w

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Ch. 4) INDIANS § 4154

§ 4150. (R. S. § 2147.) Removal of persons from Indian country.
The [superintendent of Indian affairs, and the] Indian agents
and sub-agents, shall have authority to remove from the Indian
country all persons found therein contrary to law ; and the Presi-
dent is authorized to direct the military force to be employed in
such removal.

Act June 30, 1834, c 161, { 10, 4 Stat. 730.

The words of this section, "superintendent of Indian Affairs, and the," in-
closed in brackets, have become inoperative; no appropriations for such su-
perintendents having been made since 1877. See note to R. S. I 2045, ante,
i 3989.

§ 4151. (R. S. § 2148.) Return after removal; penalty.

If any person who has been removed from the Indian country
shall thereafter at any time return or be found within the Indian
country, he shall be liable to a penalty of one thousand dollars.
Act Aug. la 1856, c 128, S 2, 11 Stat 80.

§ 4152. (R. S. § 2149.) Removal from reservations.

The Commissioner of Indian Aflfairs is authorized and required,
with the approval of the Secretary of the Interior, to remove from
any tribal reservation any person being therein without authority
of law, or whose presence within the limits of the reservation may,
in the judgment of the Commissioner, be detrimental to the peace
and welfare of the Indians ; and may employ for the purpose such
force as may be necessary to enable the agent to effect the removal
of such person.

Act June 12, 1858, c. 155, fi 2, 11 Stat 832.

§ 4153. (R. S. § 2150.) Emplo3mient of the military in apprehend-
ing persons violating the law, and for other purposes.

The military forces of the United States may be employed in
such manner and under such regulations as the President may di-
rect —

First. In the apprehension of every person who may be in the
Indian country in violation of law ; and in conveying him immedi-
ately from the Indian country, by the nearest convenient and safe
route, to the civil authority of the Territory or judicial district in
which such person shall be found, to be proceeded against in due
course of law ;

Second. In the examination and seizure of stores, packages, and
boats, authorized by law ;

Third. In preventing the introduction of persons and property
into the Indian country contrary to law ; which persons and prop-
erty shall be proceeded against according to law ;

Fourth. And also in destroying and breaking up any distillery
for manufacturing ardent spirits set up or continued within the In-
dian country.

Act June 80, 1834, c 161, §S 21, 28, 4 Stat 782, 783.

§ 4154. (R. S. § 2151.) Detention of persons apprehended by the
military.
No person apprehended by military force under the preceding
section shall be detained longer than five days after arrest and be-

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§ 41M INDIAKS (Tit 28

fore removal. All officers and soldiers who may have any such per-
son in custody shall treat him with all the hmnanity which the
circumstances will permit.

Act June 80, 1834, c 161, I 28, 4 Stat 788.

§ 4155. (R S. § 2152.) Arrest of absconding Indians guilty of
crime.
The [superintendents,] agents, and sub-agents shall endeavor to
procure the arrest and trial of all Indians accused of committing
any crime, offense, or misdemeanor, and of all other persons who
may have committed crimes or offenses within any State or Ter-
ritory, and have fled into the Indian country, either by demanding
the same of the chiefs of the proper tribe, or by such other means
as the President may authorize. The President may direct the
military force of the United States to be employed in the appre-
hension of such Indians, and also in preventing or terminating hos-
tilities between any of the Indian tribes.

Act Juoe 80, 1834. c 161, fi 19. 4 Stat 782.

The word ''tuperiDtcndents,** lodoaed in brackets In this saetioB, has be-
come iDoperadve; no appropriationa for inch auperintendenta harinf 'Im«i
made aince 1877. See note to R. & { 2045, ante, | 3989.

§ 4156. (R S. § 2153.) Employment by marshal of posse comita-
tus in executing process.
In executing process in the Indian country, the marshal may
employ a posse comitatus, not exceeding three persons in any of
the States respectively, to assist in executing process by arresting
and bringing in prisoners from the Indian country, and allow them
three dollars for each day in lieu of all expenses and services.
Act June 14. 1868, c 163, | 8, U Stat 863.

§ 4157. (R S. § 2154.) Reparation for injuries to property of In-
dians.
Whenever, in the commission, by a white person, of any crime,
offense, or misdemeanor, within the Indian country, the property
of any friendly Indian is taken, injured, or destroyed, and a con-
viction is had for such crime, offense, or misdemeanor, the person
so convicted shall be sentenced to pay to such friendly Indian to
whom the property may belong, or whose person may be injured,
a sum equal to twice the just value of the property so taken, in-
jured, or destroyed.

Act Jane 80, 1834, c. 161, f 16, 4 SUt 781.

§ 4158. (R. S. § 2155.) Payment where the offender is unable.

If such offender shall be unable to pay a sum at least equal to
the just value or amount, whatever such payment shall fall short
of the same shall be paid out of the Treasury of the United States.
If such offender cannot be apprehended and brought to trial, the
amount of such property shall be paid out of the Treasury. But
no Indian shall be entitled to any payment out of the Treasury of
the United States, for any such property, if he, or any of the na-
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Ch. 4a) INDIANS § 4160

tion to which he belongs^ have sought private revenge, or have
attempted to obtain satisfaction by any force or violence.
Act Jane 30, 1834. c 161, { 16, 4 Stat 731.

§ 4159. (R. S. § 2156.) Injuries to property by Indians.

If any Indian, belonging to any tribe in amity with the United
States, shall, within the Indian country, take or destroy the prop-
erty of any person lawfully within such country, or shall pass from
Indian country into any State or Territory inhabited by citizens
of the United States, and there take, steal, or destroy, any horse,
or other property belonging to any citizen or inhabitant of the
United States, such citizen or inhabitant, his representative, at-
torney, or agent, may make application to the proper [superin-
tendent,] agent, or sub-agent, who, upon being furnished with the
necessary documents and proofs, shall, under the direction of the
President, make application to the nation or tribe to which such
Indian shall belong, for satisfaction; and if such nation or tribe
shall neglect or refuse to make satisfaction, in a reasonable time
not exceeding twelve months, such [superintendent] agent, or
sub-agent shall make return of his doings to the Commissioner of
Indian Affairs, that such further steps may be taken as shall be
proper, in the opinion of the President, to obtain satisfaction for
the injury.

Act June 30, 1834, c 161, i 17, 4 Stat 731. Act Feb. 28, 1869, c. 66, i 8,
11 Stat 401.

§ 4160. (R S. § 2157.) A^^ents, etc., authorized to take deposi-
tions touching depredations.
The superintendents, agents, and sub-agents within their re-
spective districts are authorized and empowered to take deposi-
tions of witnesses touching any depredations, within the purview
of the three preceding sections, and to administer oaths to the de-
ponents. *

Act June 30, 1834, c 161, i 18, 4 Stat 732.



CHAPTER FOUR A
Education of Indians

This chapter, inserted here as additional to the original chapters of Title
XXVIII of the Revised Statutes, includes the provisions of section 2071 of
the Revised Statutes, and of subsequent acts, general and permanent in their
nature, and remaining in force, relating to education of Indians, particularly
children, by schools and other means of instruction.
Sec See.

4161. Employment of persons to in- Army to snch schools; places

struct Indians in agriculture, of expenditure of appropria-

and to teach their children, etc; tions.



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 61 of 150)