Free Notice (Other) - District Court of Federal Claims - federal

Case 1:99-cv-00550-ECH

Document 309-7
Ss. II.

Filed 06/30/2008
1894.

Page 1 of 12 303

FIFTY-THIRD CONGRESS.

CH. 290.

For support and civilization of the Modoc Indians now residing Modoca, InftinTerritory. within the Indian Territory, four thousand dollars. For support and civilization of the Moqui Indians, including pay of Moquis. employees, six thousand dollars. For support and civilization of the Navajo Indians, -New Mexico Navajos. Territory, including pay of employees, and purchase of farming implements and seed, seven thousand five hundred dollars; For support and civilization of the Northern Cheyenne and Arapaho Northern Cheyennes Indians on the Tongue River, in Montana, twenty-five thousand dollars. and Arapahoes. NezPerees, Joseph's For the purchase of agricultural implements and support and civiliza- band. tion of Joseph's band of Nez Perces Indians, ten thousand dollars. For support and civilization of the Nez Perces Indians in Idaho, Nez Perces. including pay of physician, six thousand five hundred dollars. For support and civilization of the Poncas, including payof employees, Pon. fifteen thousand dollars: Provided,That this amount be divided pro rata Proviso. anin g all the members of said tribe in the Indian Territory and in South Division. Dakota. tst a For support and civilization of the Quinaielts and Quillehutes, Wash- Aunaie es ington, including pay of employees, three thousand dollars. For support and civilization of Shoshone Indians in Wyoming, fifteen Shoshones, Wyoming. thousand dollars. For support and civilization of Shoshone Indians in Nevada, includ- Shoahones, Nevada. ing pay of employees, ten thousand dollars. For support, civilization and instruction of the Seminoles in Florida., Seminoles, Florida. six thousand dollars, one-half of which sum shall be expended by the Commissioner of Indian Affairs in procuring permanent homes for said Indians. For support and civilization of Sioux of Devils Lake, North Dakota, Soux,Devils Lake. including pay of employees, six thousand dollars. For support and civilization of the S'Klallam Indians, Washington, S'Kalams. including pay of employees, one thousand five hundred dollars. For support and civilization of the Tonkawa Indians, Indian Terri- Tonkawas. tory, and for seeds and agricultural implements, four thousand dollars. For support and civilization of the Walla Walla, Cayuse, and Uma- walla walla. Caytilla tribes, Oregon, including pay of employees, six thousand five hun- uses, and Umatillas. dred dollars. For support and civilization of Indians at the Mission Agency, Cali- Mission Agency Idians. fornia, including pay of employees, ten thousand dollars. For support and civilization of the Yakamas and other Indians at Yakamas, etc. said agency, including pay of employees, ten thousand dollars. For the construction of a wagon road on the Hoopa Valley Indian Hloopa valley, callReservation in the State of California in accordance with the recom- forms, road. mendation of Captain W. E. Dougherty, United States Army, acting Indian agent in charge of said Reservation, to the Commissioner of Indian Affairs, dated November twenty-first, eighteen hundred and ninety-three, three thousand five hundred and nine dollars. The work on said road to be performed as far as practicable by Indians. To enable the Secretary of the Interior to rempve and rebuild the Bridge, Big Wind bridge across the Big Wind River on the Shoshoue Indian Reservation, River, Wyoming. in the State of Wyoming, two thousand five hundred dollars, or so much thereof as may be necessary. GENERAL INCIDENTAL EXPENSES SERVICE. OF THE INDIAN
Incidentalexpenses.

Arizona: For general incidental expenses of Indian service, including traveling expenses of agents in Arizona, and for the support and civilization of Indians at the Colorado River, Pima, and Maricopa and Moquis Pueblo agencies, twelve thousand dollars; and pay of employees at same agencies, six thousand dollars; in all, eighteen thousand dollars.

Arizona.

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Califania.
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SEss. II. Cn. 290.

Page 2 of 12
1894.

FIFTY-THIRD CONGRESS.

-Colorado.

California: For general incidental expenses of the Indian service, including traveling expenses of agents in California and support and civilization of Indians at the Round Valley, Hoopa Valley, and Tule River agencies, fourteen thousand dollars; and pay of employees, including one carpenter (for Hoopa Valley Agency), at same agencies, nine thousand dollars; in all, twenty-three thousand dollars. Colorado: For general incidental expenses of the Indian service, including traveling expenses of agents, one thousand five hundred dollars. including traveling expenses of agents at three agencies in North Dakota, one thousand five hundred dollars.

North Dakota.

North Dakota: For general incidental expenses of the Indian service, South Dakota: For general incidental expenses of the Indian service,

South Dakota.

Idaho. Montana. Nevada.

New Mexico.

Oregon.

7tah.

including traveling expenses of agents at seven agencies in South Dakota, two thousand five hundred dollars. Idaho: For general incidental expenses of the indian service in Idaho, including traveling expenses of agents, eight hundred dollars. Montana: For general incidental expenses of the Indian service, including traveling expenses of agents, three thousand dollars. Nevada: For general incidental expenses of the Indian service, including traveling expenses of agents in Nevada and support and civilization of Indians located on the Piute, Walker River, and Pyramid Lake reservations and Piutes on the Western Shoshone Reservation, fourteen thousand dollars; and pay of employees at same agencies, five thousand dollars; in all, nineteen thousand dollars. New Mexico: For general incidental expenses of the Indian service, including traveling "expenses of agents in New Mexico and support and civilization of Indians at Pueblo Agency, three thousand five hundred dollars, and pay of employees at said agency, one thousand two hundred dollars; in all, four thousand seven hundred dollars. Oregon: For general incidental expenses of the Indian service, including traveling expenses of agents in Oregon and support and civilization of Indians at Grand Ronde and Siletz agencies, ten thousand dollars, and pay of employees at the same agencies, five thousand dollars; in all, fifteen thousand dollars. Utah: For general incidental expenses of the Indian service, including traveling expenses of agents in Utah, support and civilization of Indians at Uintah Valley and Ouray agencies, three thousand dollars, and pay of employees at said agencies, five thousand dollars, at least one-half of this amount shall be expended for Indian employees; in all, eight thousand dollars.

Washington.

Washington: For general incidental expenses of the Indian service,

Wyoming.

including traveling expenses of agents at sgven agencies and the support and Civilization of Indians at Colville and Puyallup agencies, and pay of employees, sixteen thousand dollars. Wyoming: For general incidental expenses of the Indian service, including traveling expenses of agents, one thousand dollars. MISCELLANEOUS. For operating and repairing the flour mill at Pima Agency, Arizona, one thousand five hundred dollars.

Miscellaneous.

*Mil, Pima Agency. Flathead
Mont. Mill, S ho bhone Agency, Ariz. Allotments. Vol. 24, 388. p.

Agency,

For pay of employees at substation, and saw" and flour mills at the
Flathead Agency, Montana, and for purchase of machinery and necessary repairs, three thousand five hundred dollars.

February eighth, eighteen hundred and eighty-seven, entitled "An Act to provide for the allotment of lands in severalty to Indians," such Indian reservations as in his judgment are advantageous for agricultural and grazing purposes to be surveyed, or resurveyed, for the

For the erection of a flour and saw mill at Shoshone Agency, Wyoming, and to purchase machinery therefor, five thousand dollars. To enable the President to cause, under the provisions of the Act of

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FIFTY-THIRD CONGRESS.

CH. 290. 1894.

purposes of said Act, and to tomplete the allotment of the same, including the necessary clerical work incident thereto in the field and in the Office of Indian Affairs, and delivery of trust patents, so far as allotments shall have been selected under said Act, thirty thousand dollars: Provided, That whenever it shall be made to appear to the Yrc iso. Secretary of the Interior that by reason of age, disability or inability, Leases permitted. any allottee of Indian lands under this or former Acts of Congress, can not personally and with benefit to himself, occupy or improve his allotment or any part thereof the same may be leased upon such teris, regulations, and conditions as shall be prescribed by the Secre tary for a term not exceeding five years for farming or grazing purposes, or ten years for mining or business purposes: Provided further, That the surplus lands of any tribe may be leased for farming purposes Leas of surplus by the council of such tribe under the same rules and regulations and lands by tribes. for the same term of years as is now allowed in the case of leases for grazing purposes. allot. or Actions That all persons who are in whole or in part of Indian blood ,C meet$ allegefor to be ,descent who are entitled to an allotment of land under any law of Con- a ely teobied. gress, or who claim to be so entitled to land under any allotment Act or under any grant made by Congress, or who claim to have been unlawfully denied or excluded from any allotment or any parcel of land to which they claim to be lawfully entitled by virtue of any Act of Congress, may commence and prosecute or defend any action, suit, or proceeding in relation to their right thereto, in the proper circuit court of the United States. And said circuit courts are hereby given jurisdiction to try and determine any action, suit, or proceeding arising within their respectivej urisdictions, involving the right of any person, in whole or in part of Indian blood or descent, to any allotment of land under any law or treaty. And the judgment or decree of any such court in favor Judgments. of any claimant to an allotment of land shall have the same effect, when properly certified to the Secretary of the Interior, as if such allotment had been allowed and approved by him; but this provision shall not Lands excepted. apply to any lands now held by either of the Five Civilized Tribes nor to any of the lands within the Quapaw Indian Agency: Provwded, That Poetse. Appoa. the right of appeal shall be allowed to either party as in other cases. For the construction, purchase, and use of irrigating machinery and Irrigation. appliances on Indian reservations, in the discretion of the Secretary of the Interior and subject to his control, thirty thousand dollars. The Secretary of the Interior is directed to contract with responsible Fort Hall, Idaha parties for the construction of irrigating canals and the purchase or Irigaton. securing of water supply on the Fort Hall Indian Reservation, in the State of Idaho, for the purpose of irrigating the lands of said reservation: Provided, That the expense of constructing said canals and the Proviso. purchase or securing of water supply shall be paid out of moneys Expense. belonging to the said Fort Hall Indians now in the Treasury of the United States and subject to the disposal of the Secretary of the Interior for the benefit of said Indians. To enable the Secretary of the Interior to employ practical farmers Practical farmers. and practical stockmen in addition to the agency farmers now employed, at wages not exceeding seventy-five dollars each per mouth, to superintend and direct farming and stock-raising among such Indians as are making effort for self-support, seventy thousand dollars; and no person shall be employed as such farmer or stockman who has not been at least five years immediately previous to such employment practically -engaged in the occupation of farming. To enable the Secretary of the Interior to employ suitable persons bMatrons to teach as matrons to teach Indian girls in housekeeping and other household housekeeping. duties, at a rate not to exceed sixty dollars per month, and for furnishing necessary equipments, five thousand dollars. For the service of not exceeding eight hundred and fifty privates, at Indian polce. ten dollars per month each, and not exceeding-seventy-five officers, at fifteeii dollars per month each, of Indian police, to be employed in
STAT-VOL XXVITI20

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1894.

FIFTY-THIRD CONGRESS.

maintaining order and prohibiting illegal traffic in liquor on the several Indian reservations and within the Territory of Alaska, in the discretion of.the Secretary of the Interior, for the purchase of equipmeuts and for the purchase of rations for policemen at nonration agencies, one hundred and twenty-five thousand dollars.
courts.

Judges, Indian Vaccination.

For compensation of judges of Indian courts, twelve thousand five hundred and forty dollars. For pure vaccine matter and vaccination of Indians, one thousand

ing, etc.

Supplies, telegraph-

tation.

Supplies, tramspor-

Indian reservations

Survey and allotting

dollars. Telegraphing and purchase of Indian supplies: To pay the expense of purchasing goods and supplies for the Indian service and pay of necessary employes; advertising, at rates not exceeding regular commercial rates, inspection, and all other expenses connected therewith, including telegraphing, thirty-five thousand dollars. For this amount, for necessary expenses of transportation of such goods, provisions, and other articles for the various tribes of Indians provided for by this Act, including pay and expenses of transportation agents and rent of warehouses, two hundred and seventy-five thousand dollars.
For survey and subdivision of Indian reservations, and of lands to be allotted to Indians, and to make allotments in severalty, to be

expended by the Commissioner of Indian Affairs under the direction of the Secretary of the Interior, forty-five thousand dollars, of which
Distribution. amount twenty thousand dollars shall be expended in South Dakota,

Surveys. Indian For surveying lands in the Indian Territory, known as those of the Territory. Five Civilized Tribes, in conformity to the laws applicable to the pubVol. 27, p.645.

and ten thousand dollars on the Colville reservation in the State of Washington. lic domain, five thousand dollars; and any unexpended balance of the
sum of ttenty-five thousand dollars appropriated by section fifteen of

Negotiations with Indiana.

the Indian appropriation Act approved March third, eighteen hundred and ninety-three, is hereby made available and may be applied to the same purpose. To enable the Secretary of the Interior, in his discretion, to negotiate through Indian inspectors of his Department with any Indians for the surrender of portions of their respective reservations, any agreement thus negotiated being subject to subsequent ratification by Congress, three thousand five hundred dollars.
For the purpose of conducting negotiations with the Shoshone and their reservation in the State of Wyoming to the United States, one

ShoshonesandArap
ahoes.

of lands, Wyoming.

Negotiationsforsae Arapaho Indians for the sale and relinquishment of certain portions of

P.ovt ,ie.
3.

Ratification.
Kennetli White. Payment to.

thousand dollars; and the Secretary of the Interior shall detail imnediately one or moreofthe five Indian inspectors to make an agreement with said Indians: Provided, That any agreement entered into for said lands shall be ratified by Congress before it shall become binding.
That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay to J. Kenneth White the sum'of one hundred and

Vol. 27,p. 633.

eighty-three dollars and thirty-three cents, for plans and tracings furnished by him of buildings for new Lower Brule Agency, South Dakota, under authority of the Secretary of the Interior, out of the
appropriation of fifty thousand dollars appropriated. by Act approved

John Palmtier.
Payment to. Vol. 2,p.94.

March third, eighteen hundred and ninety-three, "for removal of Lower Brule and consolidating with Crow Creek Agency in Soutl Dakota, and for construction of agency buildings at some place on the Lower Brule Reservation, and to complete the Indian Industrial School at Chamberlain, South Dakota." To pay John Palmier for buildings and improvements at Pine Ridge Agency, taken by the I-ndian Bureau under section one of the Act entitled "An Act to divide a portion of the reservation of the Sioux Nation of Indians in Dakota, into separate reservations and to secure the relinquishment of the Indian title to-the remainder," approved April

Case 1:99-cv-00550-ECH

Document 309-7

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1894.

Page 5 of 12 307

FIFTY-THIRD CONGRESS.

Suss. II. CH. 290.

-

thirtieth, eighteen hundred and eighty-eight, one thousand nine hundred and ninety-five dollars. To enable the Secretary of the Interior to carry out the provisions of Vrinebago reserve. Crow Creek and · an Act of Congress approved October first, eighteen hundred and tions. ninety, *providing for the assessment of damages resulting to nine ages to settlersdamPayment of rehundred and forty-four settlers who went upon the Crow Creek and mose ttrom. Winnebago Indian Reservation in the now State of South Dakota, Vol. 2, p.659. between the twenty-seventh day of February, eighteen hundred and eighty-five, and the seventeenth day of April, eighteen hundred. and eighty-five, and who were afterwards removed therefrom by the Government, the 'sum of one hundred and sixteen thousand one hundred and nineteen dollars and nineteen cents, said sum being the amount found due after careful examination by the Secretary of the Interior and recommended by him for payment in pursuance of said Act of October first, eighteen hundred and ninety. And the further sum of Additionalclaims. three thousand dollars, or so much thereof as may be necessary, is hereby appropriated for the purpose of reimbursing, if found upon further examination to be entitled, such claimants in the list examined by the Secretary of the Interior as were held for further proof, or which were erroneously disallowed because of incorrect descriptions of the lands settled upon, thus making it appear that they were not upon lands affected by the executive order of February twenty-seventh, eighteen hundred and eighty-five. That the Secretary of the Interior is hereby authorized and directed S. Pin Ridge Agency. IDak. to reimburse, out of any unexpended balance of the appropriation for Parment for perthe support of the Indian schools for the fiscal year ending June thir- ""' losses, fire at tieth, eighteen hundred and ninety-four, the persons employed by the Ogalalla school. Government at the Ogalalla Indian Boarding School at Pine Ridge Agency, South Dakota, who lost their personal property by the fire which destroyed the above school building on the eighth day of February, eighteen hundred and ninety-four, while said employees were engaged in saving the lives of the pupils: Provided, That claims pre- Proviso. sented for adjudication under this authority shall be supported by Evidence. sworn and competent evidence of the claimants as to the value of the property destroyed: Provided, That no more than one thousand five Limit. hundred dollars be expended for this purpose. For the purpose of continuing and completing the appraisal of Appraising intrud. Cherokee Nation. improvements of intruders in the Cherokee Nation under the pro- ers' property. visions of the Act of March third, eighteen hundred and ninety-three, Vol.27,p.643. four thousand nine hundred and ninety-six dollars. To enable the Secretary of the Interior to pay the Stockbridge and Munsees. Stockbridges and Munsee Indians in Wisconsin the amount received by the United Payment to. States and covered into the Treasury, collected by the Government in certain suits for timber cut and removed from the reservation of said Indians, three thousand five hundred hnd fifty-seven dollars and sixteen cents. Said sum to be paid said Indians per capita. That the accounting officers of the Treasury are hereby authorized Beefcows. and directed to settle and pay the claims of the following-named con- Payment of contractors for beef cows delivered at the following-named agencies under actors' claims. contracts with the Indian Bureau during the fiscal years of eighteen hundred and ninety, eighteen hundred and ninety-one, and eighteen hundred and ninety-two, being for suspensions or disallowances made on account of excess of number of cows limited by the words of the contracts, to wit: To F. G. Niedringhaus, the sum of two thousand seven hundred and F.G. Niedringhaus. thirty-one dollars and thirty-four cents, for cows delivered at Fort Peck Post, p. 592. Agency in the spring of eighteen hundred and ninety-one; To MIatliew H. Murphy, the sum of foi-ty-eight dollars and seventy- Mathe H. Murphy. three cents, for excess of cows delivered at Tongue River Agency in the fall of eighteen hundred and ninety-one; And to Portus B. Weare, the sum of two thousand one hundred and Portus B.Weare.

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Page 6 of 12
1894.

308

FIFTY-THIRD CONGRESS.

Provisos.
Funds.

Actual issue etc.

Eugene 1EWhite

Paymentto.

James A. Cooper Credit in accounts

Old Settlers Chorekees.Commission for cen UsB.

ot, p. 45t.

ninety-five dollars and eighteen cents for excess of cows delivered at Crow Agency in October and November, eighteen hundred and ninetyone: Provided, That the said amounts Pre found to be charged at the contract price for beef cows; that they were actually received by the authorized officers of the United States and issued to the Indians: And providedfurther, That there are funds to the credit of the respective Indians from which said sums can be paid. That the Secretary of the Treasury be, and he hereby is, authorized to allow to Eugene E. White, of Prescott, Arkansas, late a special United States Indian agent, a credit of one hundred and sixty-five dollars on his two cash accounts, one for the quarter ending December thirty-first, eighteen hundred and eighty-seven, and the other for the quarter ending March thirty-first, eighteen hundred and eighty-eight, and out of said amount to pay him the sum of sixty-nilie dollars and forty-nine cents, which is hereby appropriated. That the proper accounting officers of the Treasury Department be, and they are hereby, authorized to re-examine the accounts of James A. Cooper, late special agent of the Interior Department, upon the principles of equity and justice, and allow him such credits as he is entitled to and incurred by him under direct authority and orders of his sul)erior officer, the Secretary of the Interior; and give him credit for the per diem due him while detained here in Washington under orders of the Interior Department. To provide for the expenses of the five commissioners appointed to take a census of the Old Settlers Cherokees, five thousand dollars, the same to be deducted from the amount awarded to said Indians by judgment of the Court of Claims, dated June sixth, eighteen hundred and ninety-three, and reimbursed to the United States.

Support of schools.
Day and industrial.

FOR SUPPORT OF SCHOOLS.

'Erection and repair

Hlorses, etc.
'Transporting, etc.

Provisos.

Limit per capita,

Supervisorslimited.

Mex.

Albuqueorqn, N.

For support of Indian day and industrial schools and for other educational purposes not hereinafter provided for, including pay of draftsman to be employed in the office of the Commissioner of Indian Affairs, one million dollars, of which amount the Secretary of the Interior may in his discretion use five thousand dollars for the education of Indians in Alaska; for the erection and repair of school buildings on Indian reservations, forty thousand dollars; for the purchase of horses, cattle, sheep, goats, swine, and poultry, for schools, twenty thousand dollars; for collecting and transporting pupils to and from Indian schools and also for the transportation of Indian pupils from all the Indian schools, except Carlisle, and placing of them, with the consent of their parents, under the care and control of such suitable white families as may in all respects be qualified, to give such pupils moral, industrial, and educational training under arrangements in which their proper care, support, and education shall be in exchange for their labor, thirty-five thousand dollars; in all, one million ninety-five thousand dollars: Provided, That not more than one hundred and sixty-seven dollars of this appropriation shall be expended for the annual support and education of any one pupil, except in such cases as in the judgment of the Secretary of the Interior a larger expenditure is absolutely necessary to prevent a serious impairment of the efficiency of the school, a full statement of the specific reasons for such additional expenditure to be made by the Commissioner of Indian Affairs in his ainual report: And provided further, That no more than three supervisors of Indian schools shall be appointed or paid from this fund. For support and education of two hundred and fifty Indian pupils at' Albuquerque, New Mexico, at one hundred and sixty-seven dollars per annum for each pupil, forty-one thousand seven hundred and fifty dollars; pay of superintendent, one thousand five hundred dollars per annum; in all, forty-three thousand two hundred and fifty dollars.

Case 1:99-cv-00550-ECH

Document 309-7
SESS. II.

Filed 06/30/2008
1894.

FIFTY-THIRD CONGRESS.

CH. 290.

Page 7 of 12 309

For support and education of one hundred Indian pupils at Saint Banning, Cal. Boniface's Industrial School at Banning, California, twelve thousand five hundred dollars. For the education and support of one hundred Indian children at the BlackfeetAgency. Holy Family Indian School at Biackfeet Agency, Montana, twelve thousand five hundred dollars. For support and education of eighty pupils at the Cherokee Training Cherokee, N. C. School at Cherokee, North Carolina, at one hundred and sixty-seven dollars per annum each, thirteen thousand three hundred and sixty dollars; for pay of superintendent, one thousand two hundred dollars; for construction of school buildings, three thousand dollars; in all, seventeen thousand five hundred and sixty dollars. For support of Indian industrial school at Carlisle, Pennsylvania, at Carlisle, Pa. not exceeding one hundred and sixty-seven dollars for each pupil, for transportation of pupils to and from Carlisle school, and for the repair of buildings, one hundred and five thousand dollars. For support and education of one hundred and twenty-five Indian Cr-on City, Wev. pupils at Carson City, Nevada, at one hundred and sixty-seven dollars per annum each, twenty thousand eight hundred and seventy-five dollars; general repairs, three thousand dollars, and for pay of superintendent of said school, one thousand five hundred dollars per annum; in all, twenty-five thousand three hundred and seventy-five dollars. For support and education of three hundred and fifty Indian pupils, Chiloco, Ind. Ter. Chilocco, Indian Territory, one hundred and sixty-seven dollars per annum each, fifty-eight thousand four hundred and fifty dollars; general repairs, two thousand dollars; pay of superintendent of said school, one thousand five hundred dollars per annum; in all, sixty-one thousand nine hundred and fifty dollars. For education and support of one hundred Chippewa boys and girls sity and St. Benedict's st. John's Univer. at Saint John's University and at Saint Benedict's Academy, in Stearns cademy. Minnesota. County, State of Minnesota, at one hundred and fifty dollaI's each per annum, and for the education and support of one hundred Indian pupils at Saint Paul's Industrial School at Clontarf, in the State of Minnesota, Clontarf, Minn. thirty thousand dollars. For support and education of one hundred and fifty Indian pupils at Flandreau, S. aIk. Flandreau, South Dakota, at one hundred and sixty-seven dollars per annum each, twenty-five thousand and fifty dollars; for pay of superintendent of said school, one thousand five hundred dollars per annum; for pay of one assistant matron, six hundred dollars per annum; general repairs and erection of out houses, two thousand dollars, of which sum one thousand dollars, or so much thereof as may be necessary, may be used to procure a permanent water supply for the school; in all, twenty-nine thousand one hundred and fifty dollars. For support and education of one hundred and fifty Indian pupils Fort Mojave, Aria at Fort Mojave, Arizona, at one hundred and sixty-seven dollars per annum each, twenty-five thousand and fifty dollars; for pay of superintendent of said school, one thousand five hundred dollars per annum; erection of tailor shop and purchase of tools and furniture for same, one thousand dollars; extension of dining room, five hundred dollars; in all, twenty-eight thousand and fifty dollars. For the repair of the church and building now owned by the United son xa-ie , Ari.. States and used for school purposes on the San Xavier Reservation, in the Territory of Arizona, one thousand dollars. For support and education of two hundred and forty Indian pupils FortTotten, N.Dak. at Fort Totten, North Dakota, at one hundred and sixty-seven dollars per annum each, forty thousand and eighty dollars; pay of superintendent of said school, one thousand five hundred dollars per annum; erection of and general repairs to buildings, three thousand dollars; in all, forty-four thousand five hundred and eighty dollars. For support and education of three hundred and fifty Indian pupils Genoa, Kebr-. at Genoa, Nebraska, at one hundred and sixty-seven dollars per annum

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1894.

FIFTY-THIRD CONGRESS.

C02o.

Grand Junctio a,

Hampton, va.
Lawrence, Kans.

Philadelphia, Pa.

Lincoln Institution,

each, fifty-eight thousand four hundred and fifty dollars; pay of superintendent, one thousand five hundred dollars per aunum; general repairs to buildings and sidewalks, two thousand dollars; in all, sixtyone t housand nine hundred and fifty dollars. For support and education of one hundred and fifty Indian pupils, at one hundred and sixty-seven dollars per annum each, at Grand Junction, Oolorado, twenty-five thousand and fifty dollars; for pay of superintendent at the Indian school, one thousand five hundred dollars per annum; for general repairs, five hundred dollars; fencing, painting, six hundred and eighty-five dollars; cisterns, cesspools, and sewerage, five hundred dollars; in all, twenty-eight thousand two hundred and thirty-five dollars. For support and education of one hundred and twenty Indian pupils at the school at Hampton, Virginia, twenty thousand and forty dollars. For support and education of five hundred Indian pupils at Haskell Institute, Lawrence, Kansas, at one hundred and sixty-seven dollars per annum each, eighty-three thousand five hundred dollars; for pay of superintendent of said school, two thousand dollars per annum; for general repairs, one thousand five hundred dollars; in all, eighty-seven thousand dollars. For support and education of two hundred Indian pupils at Lincoln
Institution, Philadelphia, at one hundred and sixty-seven dollars per

Mount Pleasant, For support and education of one hundred and fifty Indian pupils at Mich. Mount Pleasant, Michigan, at one hundred and fifty dollars per annum

annum each, thirty-three thousand four hundred dollars.

Perris, C.

Phomix, Ariz.

Pierre, S. IDak

each, twenty-two thousand five hundred dollars; for pay of superin. tendent, one thousand five hundred dollars, per annum; construction of buildings and general repairs, three thousand five hundred dollars; in all, twenty-seven thousand five hundred dollars. For support and education of one hundred Indian pupils at Indian industrial school near Perris, California, at one hundred and sixty-seven dollars per annum each, sixteen thousand seven hundred dollars; for pay of superintendent, one thousand five hundred dollars per annum; barn, wagon shed, and tool shed combined, one thousand two hundred and fifty dollars; laundry and equipment thereof, five hundred dollars; erection and equipment of hospital building, two thousand five hundred dollars; in all, twenty-three thousand two hundred dollars. For support and education of one hundred and thirty pupils at PhcBnix, Arizona, at one hundred and sixty-seven dollars per annum each, twenty-one thousand seven hundred and ten dollars; pay of superintendent, one thousand five hundred dollars per annum; erection of hospital, two thousand five hundred dollars; completion of waterworks and for sewerage, two thousand dollars; general repairs and minor improvements, two thousand five hundred dollars; in all, thirty thousand two hundred and ten dollars. For support and education of one hundred and fifty Indian pupils atPierre, South Dakota, at one hundred and sixty-seven dollars per annum each, twenty-five thousand -and fifty dollars; for pay of superintendent of said school, one thousand five hundred dollars per annum; erection of buildings and repairs, one thousand dollars; in all, twentyseven thousand five hundred and fifty dollars.
For support and education of sixty Indian pupils at Indian indus-

Pipestone, Minn.

Jocko

eervation,

trial school at Pipestone, Minnesota, at one hundred and sixty-seven dollars per annum each, ten thousand and twenty dollars; for pay of superintendent, one thousand two hundred dollars per annum; for erection of buildings and general repairs, one thousand dollars; in all, twelve thousand two hundred and twenty dollars. For support and education of three hundred Indian pupils at the Saint Ignatius Mission School, on the Jocko Reservation, in Montana, at one hundred and fifty dollars per annum each, forty-five thousand dollars.

Case 1:99-cv-00550-ECH

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Filed 06/30/2008
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Page 9 of 12 311

FIFTY-THIRD CONGRESS.

CH. 290.

For support and education of sixty Indian pupils at Saint Joseph's Rensselaer.Id. 'Normal School at Rensselaer, Indiana, eight thousand three hundred and thirty dollars. For support of two hundred and fifty Indian pupils at Salem, Oregon, Salem. Oreg. at one hundred and sixty-seven dollars per annum each, forty-one thousand seven hundred and fifty dollars; for pay of the superintendent of said school, one thousand five hundred dollars per annum; repairs, two thousand dollars; in all, forty-five thousand two hundred and fifty dollars. For support and education of one hundred and fifty Indian pupils at Santa Fe, N.Mex. Santa F6, New Mexico, at one hundred and sixty-seven dollars per annum each, twenty-five thousand and fifty dollars; for pay of superintendent of said school, one thousand five hundred dollars per annnm; for general repairs, five hundred dollars; water supply for irrigation and fire protection, one thousand five hundred dollars; in all, twentyeight thousand five hundred and fifty dollars. For support and education of one hundred and twenty-five Indian Shoshone Reserva pupils at Indian industrial school at Shoshone Reservation, Wyoming, tionWyo. at one hundred and sixty-seven dollars per annum each, twenty thousand eight hundred and seventy-five dollars; for pay of superintendent, one thousand five hundred dollars per annum; fencing, five hundred dollars, or so much thereof as may be necessary; in all, twenty-two thousand eight hundred and seventy-five dollars. For support and education of one hundred Indian pupils at Indian Torah,Wis. industrial school at Tomah, Wisconsin, at one hundred and sixty-seven dollars per annum each, sixteen thousand seven hundred dollars; for pay of superintendent, one thousand five hundred dollars per annum; general repairs and grading, one thousand dollars; in all, nineteen thousand two hundred dollars. For support and education of sixty Indian pupils at the Kate Drexel UmatiUa ReservaIndustrial School, on the Umatilla Indian Reservation, in Oregon, six tio,.Org. thousand dollars. For suppo-t and education of sixty Indian pupils at White's Manual Labor Institute, Whites Manual Labor Institute, of Wabash, Indiana, ten thousand and twenty dollars. Wabash, Ind. That hereafter in the expenditure of money appropriated for any of Taking lands in exthe purposes of education of Indian children, those children of Indians cl's not to under any who have taken or may hereafter take lands in severalty existing law shall not, by reason thereof. be excluded from the benefits of such appropriation. That the expenditure of the money appropriated for school purposes Indian Affairs to Commissioner of · in this Act shall be at all times under the supervision and direction of diret expenditures. the Commissioner of Indian Affairs, and in all respects in conformity with such conditions, rules, and regulations as to the conduct and methods of instruction and expenditure of money as may from time to time be prescribed by him, subject to the approval of the Secretary of the Interior: Provided, That the Secretary of the Interior is hereby Proriso. to inqire-In;-estigatien of directed to inquire into and investigate the propriety of discontinuing contract schools judgment, the same can be done contract schools, and whether, in his without detriment to the education of the Indian children; and that Report. he submit to CongTess at the next session the result of such investigation, including an estimate of the additional cost, if any, of substituting Government schools for contract schools, together with such recommendations as he may deem proper. Faevalueofcertain SEc. 2. That the Secretary of the Treasury is hereby authorized and bonds to be credited directed to place upon the books of the Treasury to the credit of the to Indians. several Indian tribes interested therein, the face value of certain nonpaying State bonds or stocks, including certain abstracted bonds described on pages one hundred and fifty-three and one hundred and fifty-four of Annual Estimates for the fiscal year ending June thirtieth, eighteen hundred and ninety-five (House Executive DocumentNumbered five, Fifty-third Congress, second session), to draw interest at the rate Interest. of five per cent per annum, as provided by the Act of Aptil one, vol. 21, P. 0.

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Disposal of bonds.

Document 309-7

Filed 06/30/2008
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1894.

FIFTY-THIRD CONGRESS.

eighteen hundred and eighty; and thereupon said State bonds or stocks shall become the property of the United States. interest on bonds. For the payment of interest on said bonds for the fiscal year ending June thirtieth, eighteen hundred and ninety four, seventy-eight thouProiWso sand three hundred and twenty dollars: Provided, That the Secretary W. Bi.Munson. Claims against of the Interior is hereby directed to make a thorough examination of Chickasaws to be ex. the claim of W. B. Munson, of Denison, Texas, against the Chickasaw amined. tribe of Indians for the amounts named in certain orders or drafts drawn by R. H. Saunders in favor of the First National Bank of Denison, Texas, dated December tenth, eighteen hundred and eighty, and directed to Honorable Robert L. Boyd, auditor, Chickasaw Nation, Indian Territory, and by him accepted January sixth, eighteen hundred and eighty-one, and to make a full report of the finding of the facts to Congress in December next. plies to be adoertised. SEc. 3. That no purchase of supplies for which appropriations are herein made, exceeding in the aggregate five hundred dollars in value, at any one time, shall be made without first giving at least three Exception, exigen- weeks' public notice by advertisement, except in case of exigency, cles. when, in the discretion of the Secretary of the Interior, who shall make official record of the facts constituting the exigency and shall report the same to Congress at its next session, he may direct that purchases may be made in open market in amount not exceeding three thousand Provisos. dollars at any one purchase: Provided, That funds herein and heretoIrrigation. fore appropriated for construction of artesian wells, ditches and other works for irrigating may, in the discretion of the Secretary of the Interior, be expended in open market: Providedfurther, That purchase Purchases from In- in open market shall as far as practicable, be made from Indians under dians. the direction of the Secretary of the Interior: And provided further, Purchasesuntil con- That the Secretary of the Interior is authorized, for the period of tracts are eseented. thirty days after the approval of this Act, to purchase in open market supplies necessary for the Indian service, until contracts are executed and approved and contractors have had time to deliver supplies to the several agencies, to an amount not exceeding ten thousand dollars at any one time, a special report thereof to be made to Congress at its Leather, etc..manu- next session. And the Secretary of the Interior may, when pciab, practicable, factore by Indians.Sertrma, arrange for the manufacture by Indians upon the reservation, of shoes, clothing, leather, harness, and wagons. Aertisem not beSno. 4. That hereafter the Commissioner of Indian Affairs is authorized to advertise in the spring of each year for bids, and enterinto contracts, subject to the approval of the Secretary of the Interior, for goods and supplies for the Indian service required for the ensuing fiscal year, notwithstanding the fact that the appropriations for such fiscal year have not been made, and the contracts so made shall be on the basis of the appropriations for the preceding fiscal year arid shall contain a clause that no deliveries shall be made under the same and no liability attach to the United States in consequence of such execution if Congress fails to make an appropriation for such contract for the fiscal year for which those supplies are required. And the Secretary of the Interior, under the direction of the President, may use any surplus that may remain in any of the said appropriations herein made for the purchase of subsistence for the several Indian tribes, to an amountnot exceeding twenty-five thousand dollars in the aggregate, to supply any subsistence* deficiency that may occur: Provided, however, That funds appropriated to fulfill treaty obligations shall not be used: And providedfurther, That any diversions which shall be made under authority of this section shall be reported in detail, and the reason therefor; to Congress, at the Session of Congress next succeeding such diversion: And provided further, That the Secretary of the Interior, under the direction of the President, may use-any sums appropriated in this Act for subsistence, and not absolutely necessary for that purpose, for the purchase of stock cattle for the benefit of the tribe for which such appropriation is made, or for the assistance of such

Diversion ofestrplus for subsistence.

Provisos.
Report.

Treaty funds.

Purchase of stock cattle, etc.

Case 1:99-cv-00550-ECH

Document 309-7
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Filed 06/30/2008
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Page 11 of 12 313

FIFTY-TIRD CONGRESS.

CH. 290.

Indians to become farmers, and in aiding such Indians as have taken allotments to build houses and other buildings for residence or improve- Buildings, etc. ment of such allotments, and shall report to Congress, at its next session thereafter, an account of his action under this provision. SEC. 5. That when not required for the purpose for which appropri- Transfer of funds ated the funds herein provided for the pay of specified employees at for employees. any agency may be used by the Secretary of the Interior for the pay of other employees at such agency, but no deficiency shall be thereby created; and, when necessary,, specified employees may be detailed for other service when not required for the duty for which they were engaged; and that the several appropriations herein made for millers, blacksmiths, engineers, carpenters, physicians, and other persons, and for various articles provided for by treaty stipulation for the several Indian tribes, may be diverted to other uses for the benefit of said tribes, respectively, within the discretion of the President, and with the consent of said tribes, expressed in the usual manner; and that he cause report to be made to Congress, at its next session thereafter, of his action under this provision. SEC. 6. That whenever, after advertising for bids for supplies in Rejection of bids. accordance with section three of this Act, those received for any article contain conditions detrimental tothe interest of the Government, they may be rejected, and the articles specified in such bids purchased in open market, at prices not to exceed those of the lowest bidder, and Purchases in open not to exceed the market price of the same until such time as satisfac- arket. tory bids can be obtained, for which immediate advertisement shall be made. SEC. 7. That at any or the Indian reservations *where there is now Sale of property not on hand Government property not required for the use and benefit of used. the Indians at said reservation the Secretary of the Interior is hereby authorized to move such property to other Indian. reservations where it may be required, 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 purchased; and he shall make report of his action hereunder to the next session of Congress thereafter. Cozo-utation of ra. SEC. 8. That when in the judgment of the Secretary of the Interior tions, etc., to civilized any Indian tribe, or part thereof, who are receiving rations and cloth- 1ndians. c lug and other supplies under this Act, are sufficiently advanced in civilization to purchase such rations and clothing and other supplies judiciously, they may commute the same and pay the value thereof in money per capita to such tribe or part thereof, the manner of such payment to be prescribed by the Secretary of the Interior. SEC. 9. That the Commissioner of Indian Affairs shall report annually Roportofemployeea to Congress, specifically showing the number ot employees at each to be made annually. agency, industrial, and boarding school, which are supported in whole or in part out of the appropriations in this Act, giving name, when employed, in what capacity employed, male or female, whether white or Indian, amount of compensation paid, and out of what item or fund of the appropriation paid. Also the number of employees in the Indian Indian Bureau. Bureau in Washington, when employed, in what capacity employed, male or female, full name, amount of compensation paid and out of what fund paid, and under what law employed. SEC. 10. That in the Indian service Indians shall be employed as Employment of Inherders, teamsters, ai.d laborers, and where practicable in all other dians as herder, etc. employments in connection with the agencies and the Indian service. And it shall be the duty of the Secretary of the Interior and the Commissioner of Indian Affairs to enforce this provision. Consent when oh;ISuC. 11. That ho Indian child shall be sent from any Indian reserva- req u ire dof parents tion to a school beyond the State or Territory in which said reserva- dren are sent to school tiol is situated without the voluntary consent of the father or mother in another State. ot 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

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Improper i n d u c e. ments forbidden.

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FIFTY-THIRD CONGRESS.

shall send to the Commissioner of Indian Affairs 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 einploy6 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 Indian to consent to the removal of any Indian child beyond the limits of any reservation.
AGREEMENT WITH THE YANKTON SIOUX OR DAKOTA INDIIINS, IN SOUTH DAKOTA.

Yanltoun

A-reement with

South Dakota, raffie.

SEC. 12. The following agreement, made byJ. C. Adams and John J. Sioux, i11Cole, commissioners on the part of the United States, with the chiefs,

headmen, and other male adults of the Yankton tribe of Sioux or

Dakota Indians upon the Yankton Reservation, in the State of South Dakota, on the thirty-first day of December, eighteen hundred and ninety-two, and now on file in the Department of the Iterior, and signed by said commissioners on behalf of the United States, and by Charles Martin, Edgar Lee, Charles Jones, Isaac Ilepikigan, Stephen Cloud Elk, Edward Yellow Bird, Iron Lingthing, Eli Brockway, Alex Brunot Francis Willard, Louis Shunk, Joseph Caje, Albion Hitika, John Selwyn, Charles Ree, Joseph Cook, Brigham Young, William Highrock, Frank Felix, and Philip Ree, on behalf of the said Yankton tribe of Sioux Indians, is hereby accepted, ratified, and confirmed. ARTICLES OF AGREEMENT. Commissioners. Whereas J. C. Adams and John J. Cole, duly appointed commissioners on the part of the United States, did, on the thirty-first day of December, eighteen hundred and ninety-two, conclude an agreement with the chiefs, headmen, and other male adults of the Yankton tribe of Sioux or Dacotah Indians upon the Yankton Reservation, in the State of South Dakota, which said agreement is as follows: Whereas a clause in the act making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes, fol the fiscal year ending June thirtieth (30th), eighteen hundred and ninety-three (1893), and for other purposes, approved July 13th, 1892, authorizes the " Secretary of the Interior to negotiate with any Indians for the surrender of portions of their respective reservations, any agreement thus negotiated being subject to subsequent ratification by Cong'ress-" and Whereas the Yankton tribe of Dacotah--now spelled Dal!ota andi so spelled in this agreement-or Sioux Indians is willing to dispose of a portion of the land set apart and reserved to said tribe, by the first article of the treaty of April (19th) nineteenth, eighteen hundred and fifty-eight (1858), between said tribe and the United States, and situated in tie State of South Dakota: Now, therefore, this agreement made and entered into in pursuance of the provisions of the act of Congress approved July thirteenth (13th), eighteen hundred and ninety-two (1892), at the Yankton Indian Agency, South Dakota, by J. C. Adams of Webster, S. D., John J. Cole of St. Louis. Mo., and I. W. French of the State of Neb., on the part of the United States, duly authorized and empowered thereto, and the chiefs, headmen, and other male adult members of said Yankton tribe of Indians, witnesseth:
ARTICLE I. Unallottedlands ceded.

Val. 27,p.&3.

The Yankton tribe of Dakota or Sioux Indians hereby cede, sell, relinquish, and convey to the United States all their claim, right, title, and interest in and to all the unallotted lands within the limits of the reservation set apart to said Indians as aforesaid.