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 62 of 150)
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reports to Congress. 4164. Census of Indians at agency or

4162. Detail of officer of Army for In- reservation, and numbers of

dian education. school children, school-houses^

4163. Vacant military posts or barracks schools, etc., to be reported an-



for normal and industrial train- nually«

ing-schools; detail of officers of



(1669)



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§1161 INDIANS (Tit 28

•m. 6m.

4165. No appropritdoB to be mmde for 4174. Badoni, etc^ may be widiheld

any aectarian achooL for children not attendinc

4160. Rationa to minion adioola for achooL

children enrolled in them. 4175. Rationa, etc., may be withheld

4167. Superintendent of Indian echooli ; from parenta, etc., for non-at-

appointment; qualificadona; dn- tendance of children at achooL

ties. 4176. Annuities, etc., may be withheld

4168. Employment of Indian firla and from Osage Indiana for non-at-

boys as assistanta in acboola. tendance of children at acboot

4169. Leaves of absence to employee at 4177. Children not to be sent to school

Indian achools, for attendance out of State without consent of

at educational gatheringa, etc. parenta, etc

4170. Expenditure of appropriationa for 4178. Ctilld not to be taken to achool in

achool purposes; superriaion another State against iti will

and regulation; limitation per or without consent of parents,

capita. 4179. Admission of white children to

4171. Suspension or discontinuance of Indian day acboola; tuition fees,

schools; sale of buildings and and diaposition thereot

plants; disposition of proceeds. 4180. Admission of white children to

4172. Children of Indiana talting landa Indian boarding achools; toi-

in severalty not excluded. don feea, and disposition there-

4173. Regulations to secure attendanct ot

of children at ichooL

§ 4161. (R. S. § 2071.) Employment of persons to instruct Indians
in agriculture, and to teach their children, etc.; reports to Con-
gress.
The President may, in every case where he shall judge im-
provement in the habits and condition of such Indians practicable,
and that the means of instruction can be introduced with their
own consent, employ capable persons of good moral character to
instruct them in the mode of agriculture suited to their situation ;
and for teaching their children in reading, writing, and arithmetic,
and performing such other duties as may be enjoined according to
such instructions and rules as the President may give and pre-
scribe for the regulation of their conduct, in the discharge of their
duties. A report of the proceedings adopted in the execution of
this provision shall be annually laid before Congress.

Act March 8, 1819, c 85, 8 SUt 518.

The nature and effecta of alcoholic drinks and narcotica on the human
aystem were required to be atudied in the Indian achoola, by Act May 20,
1886, c. 862, post, U 0879-038L

(R. S. § 2099. Superseded.)

This section provided that moneys appropriated for purposes of education
among the Indian tribea ahould not be expended elsewhere than in Indian
' country, excepting certain expenditurea authorised by treaty to be under
direction either of the President or of the Indian tribes. Its provisions were
superseded by a proviso annexed to Act July 81, 1882, c 863, post, fi 4163,
that moneys appropriated for general purposes of education among the Indians
might be expended for education of Indian youth at auch posts, institutions,
and achoola aa the Secretary of the Interior might consider advantageous,
or aa Congress from time to time might authorise and provide.

Subsequent appropriations provide for achoola, etc, for Indiaa cfaildrea
''elaewhera than in Indian ooontry,**

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Ch. 4a) INDIANS § 4166

§ 4162. (Act June 23, 1879, c. 35, § 7.) Dctafl of officer of Army
for Indian education.
The Secretary of War shall be authorized to detail an officer of
the Army, not above the rank of captain, for special duty with ref-
erence to Indian education. (21 Stat. 35.)

This section was part of the legislative, executive, and judicial appropriation
act for the fiscal year 1880, cited above.

Subsequent provisions for detail of officers of the Army to certain schools
were made by Act July 31, 1882, c 863, post, i 4163.

§ 4163: (Act July 31, 1882, c. 363.) Vacant military posts or bar-
racks for normal and industrial training-schools; detail of of-
ficers of Army to such schools; places of expenditure of ap-
propriations.
That the Secretary of War be, and he is hereby, authorized to
set aside, for use in the establishment of normal and industrial
training-schools for Indian youth from the nomadic tribes having
educational treaty claims upon the United States, any vacant posts
or barracks, so long as they may not be required for military oc-
cupation, and to detail one or more officers of the Army for duty
in connection with Indian education, under the direction of the
Secretary of the Interior, at each such school so established : Pro-
vided, That moneys appropriated or to be appropriated for gen-
eral purposes of education among the Indians may be expended,
under the direction of the Secretary of the Interior, for the educa-
tion of Indian youth at such posts, institutions, and schools as
he may consider advantageous, or as Congress from time to time
may authorize and provide. (22 Stat. 181.)

This was an act entitled *'An act to provide additional industrial training-
schools for Indian youth, and authorizing the use of unoccupied military
barracks for such purposes.*' The proviso to this section superseded R. S.
{2099.

§ 4164. (Act July 4, 1884, c. 180, § 9.) Census of Indians at agen-
cy or reservation, and numbers of school children, school-
houses, schools, etc., to be reported annualljr.
That hereafter each Indian agent be required, in his annual re-
port, to submit a census of the Indians at his agency or upon the
reservation under his charge, the number of males above eighteen
years of age, the number of females above fourteen years of age,
the number of school children between the ages of six and sixteen
years, the number of school-houses at his agency, the number of
schools in operation and the attendance at each, and the names of
teachers employed and salaries paid such teachers. (23 Stat. 98.)
This section was part of the Indian appropriation act for the fiscal year
1885, dted above.

§ 4165. (Act June 7, 1897, c. 3, § 1.) No appropriation to be made
for any sectarian school.

It is hereby declared to be the settled policy of the Government
to hereafter make no appropriation whatever for education in any
sectarian school: * * Provided further. That the foregoing shall
not apply to public schools of any State, Territory, county, or

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S 4166 DfDiAim (Tit. 28

city, or to schools herein or hereafter specifically provided for. (30
Stat. 79.)

TheM were proridoiui of the Indian appropriation act f6r tiie fiacal 7«ar
1898, cited above.

The portion of the act omitted here was a proviso anthorisinf the Se cr e-
tary of the Interior to make contracts with echoola of varioas denominations
for the education of Indian pupila during the fiacal year 1898, bat only at
places where nonsectarian schools could not be provided, and was temporary
merely.

A previous provision of Act June 29, 1888, c. 508, { 10, 25 Stat 239, that
at certain schools, at which **church organisations are asdstlng in the edocm-
tional work, the Christian Bible may be taught in the native language oi
the Indians,*' etc, may be regarded as superseded by a provision that tba
Government should, as early as practicable, make provision for the education
of Indian children in Government schools, made by Act March 2, 1895, c 188,
S 1, 28 Stat 904, and by the provisions, of this act

Similar provisions were made by the Indian appropriation act for tha j^r*-
ceding year. Act June 10, 1896, c 898, 1 1, 29 Sut 845.

§ 4166. (Act June 21, 1906» c. 3504.) Rations to mission schools
for children enrolled in them.

Mission schools on an Indian reservation may, under rules and
regulations prescribed by the Commissioner of Indian Affairs, re-
ceive for such Indian children duly enrolled therein, the rations of
food and clothing to which said children would be entitled under
treaty stipulations if such children were living with their parents.
(34 Stat. 326.)

This was a proTiaion of the Indian appropriation act for tha fiacal year

1907, cited abore.

§ 4167. (Act March 2, 1889, c. 412, § 10.) Superintendent of' In-
dian schools; appointment; qiialifications; duties.
There shall be appointed by the President, by and with the ad-
vice and consent of the Senate, a person of knowledge and ex-
perience in the management, training, and practical education of
children, to be Superintendent of Indian Schools, whose duty it
shall be to visit and inspect the schools in which Indians are
taught in whole or in part from appropriations from the United
States Treasury, and report to the Commissioner of Indian Affairs,
what, in his judgment, are the defects, if any, in any of them, in
system, in administration, or in means for the most effective ad-
vancement of the pupils therein toward civilization and self-sup-
port, and what changes are needed to remedy such defects as may
exist, and to perform such other duties in connection with Indian
schools as may be prescribed by the Secretary of the Interior.
(25 Stat 1003.)

Thia section was part of tha Indian appropriation act for tha fiacal year
1600, cited above.

A farther provision of thia section repealed a proviaion of the simUar act
for the preceding year for the appointment of a snperintandant of Indian
achools. Act June 29. 1888, c 503, { 8, 25 Stat 239.

Subsequent Indian appropriation acta made appropriationa annually for paj
of the superintendent of Indian achoola and for hia travalinf and other az-
panaea, accompanied from year to year by a proriao that ha ahould p«rfonB

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Ch. 4a) indiakb § 4170

sucIl other duties as miglit. be imposed upon him by the Commissioner of
Indian Affairs, subject to the approval of the Secretary of the Interior. But
no such appropriation has been made since that for the fiscal year 1010, by
Act March 8, 1909, c. 268, 35 Stat 785.

§ 4168. (Act June 7, 1897, c. 3, § 1.) Emplo3mient of Indian girls
and boys as assistants in -schools.

Hereafter the Commissioner of Indian Affairs shall employ In-
dian girls as assistant matrons and Indian boys as farmers and
industrial teachers in all Indian schools when it is practicable to
do so. (30 Stat 83.)

This was a proyision of the Indian appropriation act for the fiscal year
1808, dted above.

Provisions to the same effect were made in the similar appropriation acts
for previous years.

§ 4169. (Act Aug. 24, 1912, c. 388, § 1.) Leaves of absence to em-
ployes at Indian schools, for attendance at educational gather-
ings, etc.

Hereafter employees of Indian schools may be allowed, in ad-
dition to annual leave, educational leave not to exceed fifteen days
per calendar year for attendance at educational gatherings, con-
ventions, institutions, or training schools, if the interests of the
service require, and under such regnlations as the Secretary of the
Interior may prescribe, and no additional salary or expense on ac-
count of this leave of absence shall be incurred. (37 Stat. 519.)

This was a proviso annexed to the appropriation for Indian schools, etc,
in the Indian appropriation act for the fiscal year 1913, cited above.

§ 4170. (Act April 30, 1908, c. 153, § 1.) Expenditure of appro-
priations for school piuposes; supervision and regulation;
limitation per capita.
All expenditure of money herein or hereafter appropriated for
school purposes among the Indians, shall be at all times under the
supervision and direction of the Commissioner of Indian Aflfairs, and
in all respects in conformity with such conditions, rules, and regu-
lations as to the conduct and methods of instruction and expenditure
of money as may be from time to time prescribed by him, subject
to the supervision of the Secretary of the Interior: Provided, That,
except for pay of superintendents, not more than one hundred and
sixty-seven dollars shall be expended for the annual support and edu-
cation of any one pupil in any school herein specifically provided for,
except when, by reason of epidemic, accident, or other sufficient cause,
the attendance is so reduced or cost of maintenance so high that a
larger expenditure is absolutely necessary, when the Commissioner
of Indian Affairs, with the approval of the Secretary of the Interior,
may allow a larger per capita expenditure: Provided further, That
the total amount appropriated for the support of such school shall
not be exceeded: Provided further. That the number of pupils in
any school entitled to the per capita allowance hereby provided for

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§ 4170 INDIANS (Tit. 28

shall be determined by taking the averaee enrollment for the entire
fiscal year and not any fractional part uiereof. (35 Stat 72.)

These were provitiont of the Indian appropriation act for tlit Ibcal year
1900, cited above.

Similar provisions were made by tiie Indian appropriation acti for p w rfcHM
years, applicable to the appropriations by each partlcolar act

Subsequent Indian appropriation acts provide that *'all moneys appropriated
herein f<>r school purposes among the Indians may be expended, witbont re-
striction as to per capita expenditure, for the annual support sind edocatlofi
of any one pupil in any school.'* The provision for the fiscal year 1914 was
by Act June 30, 1913, c 4, $ 1. 38 SUt 79.

The recent appropriations for Indian schools, etc, are accompanied by a
proviso restricting the expenditure thereof to educate children of leas thma
one-fourth Indian blood. The provision for the fiscal year 1914, by Act Jmie
30, 1913, c 4, i 1, 38 Stat 78, was as follows:

*'No part of this appropriation, or any other appropriation prorided for
herein, except appropriations made pursuant to treaties, shall bt oaed to
educate children of less than one-fourth Indian blood whose parents an
citizens of the United States and the State wherdn they live and wb^rs
there are adequate free school facilities provided and the facilities of the
Indian schools are needed for pupils of more than one-fourth Indian Mood."

Previous provisions for admitting white children to Indian schools, on pay-
ment for tuition, made by Act March 1, 1907, c 2285, and Act March 8,
1900, c 263, are set forth post, H 4179, 4180.

Recent Indian appropriation acts also make separate appropriations for
collection and transportation of pupils to and from Indian schools, etc, with
a proviso that a specified part of the amount so appropriated may bt oaed la
placing Indian youths in employment in industrial pursuits. The proTisioa
for the fiscal year 1914, by Act June 80, 1913, c 4, i 1, 88 Sut 79, was
as follows:

"For collection and transportation of pupils to and from Indian schools, and
for the transportation of Indian pupils from any and all Indian schools and
placing them, with the consent of their parents, under the care and control
of white families qualified to give such pupils moral, industrial, and educa-
tional training, $82,000: Provided, That not to exceed |5,000 of this amount
may be used in the transportation and placing of Indian youths in posi-
tions where a remunerative employment may be found for them in industrial
pursuits. The provisions of this section shall also apply to native pupils of
school age under twenty-one years of age brought from Alaska."

§ 4171. (Act April 21, 1904, c. 1402, § 1.) Suspension or discon-
tinuance of schools; sale of buUdings and plants; disposition
of proceeds.
The Commissioner of Indian Affairs, may, when in his judgment
the good of the service will be promoted thereby, suspend or dis-
continue any reservation Indian school, and, with the approval of
the Secretary of the Interior, may sell any reservation school
building or plant, that is no longer desirable as an Indian school
upon any reservation and invest the proceeds in other school build-
ings and plants, as the needs of the service may demand, under
such rules and regulations as he may, with the approval of the
Secretary of the Interior, prescribe. (33 Stat 211.)

This was a proviso annexed to the appropriation for Indian sebools, ste^
In the Indian appropriation act for the fiscal year 1006, cited abors.

The removal of Government property at any Indian reservation or school,
not required for use, to other reservations or schools, was authoriasd by
a proviHion of Act March 1, 190T, c 2285, ante, { 4120.

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Ch. 4a) INDIANS § 4175

§ 4172. (Act Aug. 15, 1894, c. 290, § 1.) Children of Indians tak-
ing lands in severalty not excluded.
Hereafter in the expenditure of money appropriated for any of
the purposes of education of Indian children, those children of In-
dians who have taken or may hereafter take lands in severalty un-
der any existing law shall not, by reason thereof, be excluded from
the benefits of such appropriation. (28 Stat. 311.)

This was a provision of the Indian appropriation act for the fiscal year
1895, cited above.

Similar provisions were made by the Indian appropriation acts for previous
years.

§ 4173. (Act July 13, 1892, c. 164, § 1.) Regulations to secure at-
tendance of children at school.
Hereafter the Commissioner of Indian Affairs, subject to the di-
rection of the Secretary of the Interior, is hereby authorized and
directed to make and enforce by proper means such rules and reg-
ulations as will secure the attendance of Indian children of suit-
able age and health at schools established and maintained for their
benefit. (27 Stat. 143.)

This was a provision of the Indian appropriation act for the fiscal year

1893, dted above.

§ 4174. (Act March 3, 1893, c. 209, § 1.) Rations, etc., may be
withheld for children not attending school.

The Secretary of the Interior may in his discretion, establish
such regulations as will prevent the issuing of rations or the fur-
nishing of subsistence either in money or in kind to the head of
any Indian family for on account of any Indian child or children
between the ages of eight and twenty-one years who shall not
have attended school during the preceding year in accordance with
such regulations. This provision shall not apply to reservations
or part of reservations where sufficient school facilities have not
been furnished nor until full notice of such regulations shall have
been given to the Indians to be affected thereby.

The amount and value of subsistence so withheld shall be cred-
ited to the tribe or tribes from whom the same is withheld, to be
issued and paid when in the judgment of the Secretary of the In-
terior they shall have fully complied with such regulations. (27
Stat. 628.)

These were provisions of the Indian appropriation act for the fiscal year

1894, cited above.

Further provisions of this act, for withholding rations, etc, from parents
for non-attendance of their children at school, are set forth post, § 4175.

A special provision for withholding annuities or other payments due to
Osage Indian minors, whose parents fail to place them in school, was made
by Act June 30, 1918, c 4, { 18, post, S 4176.

§4175. (Act March 3, 1893, c. 209, § 1.) Rations, etc., may be
withheld from parents, etc., for nonattendance of children at
school.

Hereafter the Secretary of the Interior may in his discretion
withhold rations, clothing and other annuities froih Indian par-

Co»rp.ST.'13-105 (1666)



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§ 4175 INDIANS (Tit 28

ents or guardians who refuse or neglect to send and keep their
children of proper school age in some school a reasonable por-
tion of the year. (27 Stat 635.) ,

This was a farther provision of the Indian appropriation act for the fi»*«l
year 1894, cited abovel
See notes to preceding provisions of this act, ante, { 4174.

§ 4176. (Act June 30, 1913, c. 4, § 18.) Annuities, etc., may be
withheld from Osage Indians for nonattendance of children
at school.
Hereafter the Commissioner of Indian Affairs is authorized in
his discretion to withhold any annuities or other payments due to
Osage Indian minors, above six years of age, whose parents fail,
neglect, or refuse to place such minors in some established school
for a reasonable portion of each year and to keep such children
in regular attendance thereof. The Commissioner of Indian Af-
fairs is authorized to make such rules and regulations as may be
necessary to put this provision into force and effect (38 Stat
96.)

These were provisions of the Indian appropriation act for the fiscal year
1014, cited above.

Previous general provisions of the same nature, of Act March 8, c 209,
I 1, are set forth ante, H 4174, 4175.

§4177. (Act Aug. 15, 1894, c. 290, § 11.) Child not to be sent to
school out of State without consent of parents, etc.
No Indian child shall be sent from any Indian reservation to a
school beyond the State or Territory in which said reservation is
situated without the voluntary consent of the father or mother
of such child if either of them are living, and if neither of them
are living without the voluntary consent of the next of kin of
such child. Such consent shall be made before the agent of the
reservation, and he shall send to the Commissioner of Indian Af-
fairs his certificate that such consent has been voluntarily given
before such child shall be removed from such reservation. And
it shall be unlawful for any Indian agent or other employe of the
Government to induce, or seek to induce, by withholding rations
or by other improper means, the parents or next of kin of any In-
dian to consent to the removal of any Indian child beyond the lim-
its of any reservation. (28 Stat. 314.)

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

1895, cited above.
A subseqaent prorision that no Indian child should be taken to a school

in another State against its will or without the written consent of its parents,

was made by Act June 10, 1896, c 898, i 1, post, i 417&

§ 4178. (Act June 10, 1896, c. 398, § 1.) Child not to be taken to

school in another State against its will or without consent of

parents.

Hereafter no Indian child shall be taken from any school in any

State or Territory to a school in any other State against its will

or without the written consent of its parents. (29 Stat. 348.)

This was a proviso annexed to appropriations for Indian acbocds in tke
Indian appropriation act for the fiscal year 1897, cited abora.

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Ch. 4b) INDIANS § 4180

§ 4179. (Act March 1, 1907, c. 2285.) Admission of white chil-
dren to Indian day schools ; tuition fees, and disposition there-
of.

Hereafter white children may, under rules and regulations pre-
scribed by the Commissioner of Indian Affairs, be admitted to any
Indian day school: Provided, That the tuition fees charged for
such children shall in no case exceed the tuition fees allowed or
charged by the State or county in which' such school is situated for
the children admitted in the common schools of such State or
county: And provided further, That all tuition fees paid for white
children enrolled in Indian day schools shall be deposited in the
United States Treasury to reimburse the funds out of which the
schools last mentioned are maintained. (34 Stat. 1018.)

These were provisions of the Indian appropriation act for the fiscal year
1908, cited above.

Subseqnent provisions for admission of white children to Indian boarding
schools were made by Act March 3, 1909, c. 263, post, { 4180.

§ 4180. (Act March 3, 1909, c. 263.) Admission of white children
to Indian boarding schools ; tuition fees, and disposition there-
of.

Hereafter white children may, under rules prescribed by the
Commissioner of Indian Affairs, be admitted to Indian boarding
schools on the payment of tuition fees at a rate to be fixed in said
rules: Provided further. That all tuition fees paid for white chil-
dren so enrolled shall be deposited in the United States Treasury
to reimburse the fund out of which the school is supported. (35
Stat. 783.)

These were provisos annexed to the appropriation for collection and trans-
portation of pupils to and from Indian schools in the Indian appropriation
act for the fiscal year 1910, cited abov^

Previous provisions for admission of white children to Indian day schools



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 62 of 150)