fifteenth section of this act, and in which the conditions prescribed by law have been or may be complied with, the entries so allowed are hereby confirmed, and patents shall be issued thereon; subject, however, to the restrictions and limitations contained in the fifteenth section of this act in regard to alienation and incumbrance. [March 3, 1875.] CHAP. 132.-An act making appropriations for the current and contingent expenses of the * * March 3, 1875. 18 Stat. L., 420. Three Indian in Be it enacted, &c., * * [Par. 1.] That after the commencement of the next fiscal year there shall be but three inspectors; spectors only, and (1) and that provision of law requiring that each agency shall be agencies need not visited and examined by one or more of the inspectors at least twice be inspected twice a year. R. S., SS in each year is hereby repealed. 2043-2045. [Par. 2.] That the Secretary of the Interior be authorized to with- No payments to hold, from any tribe of Indians who may hold any captives other Indians holding than Indians, any moneys due them from the United States until captives. said captives shall be surrendered to the lawful authorities of the R. S., § 2102. United States. * * SEC. 2. That none of the appropriations herein made, or of any -nor to Indians appropriations made for the Indian service, shall be paid to any band at war with of Indians or any portion of any band while at war with the United United States. States or with the white citizens of any of the States or Territories. R.S., § 2100. SEC. 3. That for the purpose of inducing Indians to labor and be- Indians to be recome self-supporting, it is provided that hereafter, in distributing quired to labor on the supplies and annuities to the Indians for whom the same are ap- reservations to propriated, the agent distributing the same shall require all able- amount of supbodied male Indians between the ages of eighteen and forty-five to ties distributed. plies and annuiperform service upon the reservation, for the benefit of themselves R, S., § 2086. or of the tribe, at a reasonable rate, to be fixed by the agent in charge, and to an amount equal in value to the supplies to be delivered; and the allowances provided for such Indians shall be distributed to them only upon condition of the performance of such labor, under such rules and regulations as the agent may prescribe: may be exempted by Secretary of the Interior. Agents to make rolls of Indians entitled to supplies; how to distribute Provided, That the Secretary of the Interior may, by written order, except any particular tribe, or portion of tribe, from the operation of this provision where he deems it proper and expedient. SEC. 4. That hereafter, for the purpose of properly distributing the supplies appropriated for the Indian service, it is hereby made the duty of each agent in charge of Indians and having supplies to distribute, to make out, at the commencement of each fiscal year, supplies. rolls of the Indians entitled to supplies at the agency, with the names of the Indians and of the heads of families or lodges, with the number in each family or lodge, and to give out supplies to the heads of families, and not to the heads of tribes or bands, and not to give out supplies for a greater length of time than one week in advance. SEC. 5. That hereafter not more than six thousand dollars shall be paid in any one year for salaries or compensation of employees at any one agency, in addition to the salaries of the agent, and not more at any one agency than is absolutely necessary; And where Indians can perform the duties they shall be employed; and the number and kind of employees at each agency shall be prescribed by the Secretary of the Interior, and none others shall be employed. R. S., § 2109. 1884, July 4, ch. 180, § 9, post, p. 451. limit of employ és of. 1880, May 11, ch. 85, par. 2, post, p.282. Indians to be employed. R. S., § 2069. 1882, May 17, ch. 163, 6, post, p. Indian agents shall be required to state, under oath, upon rendering 343. Agent's oath to NOTE. (1) Notwithstanding this provision appropriations have been annually made from 1880 to accounts. their quarterly accounts, that the employees claimed for were actually and bona fide employed at such agency, and at the compensation as claimed, and that such service was necessary; and that such agent is not to receive, and has not received, directly or indirectly, any part of the compensation claimed for any other employee: Provided, That when there is no officer authorized to administer oaths within convenient distance of such agent, the Secretary of the Interior may direct such returns to be made upon certificate of the agent; And provided further, That in case it should be necessary, at any ployés; how ob- agencies, to have more employees than provided for in this section, the Secretary may, by written order, authorize the increase necessary; but in no case shall the amount expended at any agency exceed ten thousand dollars in any one year; and the provision of this section shall apply to the fiscal year ending June thirtieth, eighteen hundred and seventy-five. Increase of em tained. Appropriations for Indian supplies to be so distributed as to prevent defi ciencies. R. S., § 3679. year. SEC. 6. That hereafter, it shall be the duty of the Secretary of the Interior, and the officers charged by law with the distribution of supplies to the Indians, under appropriations made by law, to distribute them and pay them out to the Indians entitled to them, in such proper proportions as that the amount of appropriation made for the current year shall not be expended before the end of such current year, so as to prevent deficiencies; -not to be exAnd no expenditure shall be made or liability incurred on the ceeded in any part of the Government on account of the Indian service for any fis1891.March 3,ch. cal year (unless in compliance with existing law) beyond the amount 543, 4, post, p.928. of money previously appropriated for said service during such year. Copies of con- SEC. 7. *That copies of all contracts made by the Commistracts for Indian sioner of Indian Affairs, or any other officer of the Government, for service to be fur the Indian service, shall be furnished to the Second Auditor of the Treasury before any payment shall be made thereon. nished Second Auditor. * R.S., § 3744. 1876, Aug. 15, ch. 289, § 3, post, p. 121. Secretary of In- SEC. 8. That hereafter, the Secretary of the Interior cause to be terior to print and prepared and delivered to the Public Printer, on or before the first lay before Conday of November in each year, a tabular statement of the items paid gress annually a statement of items out up to that date of the appropriations made for the Indian Deof expenditure of partment for the fiscal year previously ending, each item being placed Indian appropria- under the appropriation from which it was paid, in such manner as tions, statement of to show the disposition made of each appropriation and the amount salaries, &c. R. S., § 445. Commissioner of Indian Affairs exceeding $5,000 unexpended of each; also an itemized statement of the salaries and incidental expenses paid at each agency for the said year, and the appropriations out of which paid, and the number of Indians at each agency; and that the same be laid before Congress on the first day of the succeeding session; And that the report of the Commissioner of Indian Affairs, with the reports of agents, be printed and laid before Congress on the first day of the said session. SEC. 9. That hereafter all bidders under any advertisement pubcount of Indian lished by the Commissioner of Indian Affairs for proposals for goods, service in amounts supplies, transportation, and so forth, for and on account of the Into accompany bids dian service, whenever the value of the goods, supplies, and so forth, with certified to be furnished, or the transportation to be performed, shall exceed checks, &c. the sum of five thousand dollars, shall accompany their bids with a R. S., § 3709. certified check, or draft payable to the order of the Commissioner of 1877, March 3, Indian Affairs, upon some United States depository or some one of ch. 101, post, P. such solvent national banks as the Secretary of the Interior may designate, which check or draft shall be five per centum on the amount of the goods, supplies, transportation, and so forth, as aforesaid; 134. And in case any such bidder, on being awarded a contract, shall fail to execute the same with good and sufficient sureties according to the terms on which such bid was made and accepted, such bidder shall forfeit the amount so deposited to the United States, and the same shall forthwith be paid into the Treasury of the United States; But if such contract shall be duly executed, as aforesaid, such draft or check so deposited shall be returned to the bidder. to file statement SEC. 10. That hereafter the security or securities, upon the bond Sureties on Inrequired by the act of February twenty-seventh, eighteen hundred dian agents' bond and fifty-one, (2) to be given by each Indian agent before entering of property. upon the duties of his office, shall file a sworn statement with the R. S., § 2057. Secretary of the Interior, setting forth the nature and kind of property owned by such security or securities, the value of the same, and where situated; and that no money appropriated by this act shall be paid to any Indian agent hereafter appointed until the security or securities shall have filed such statement. Indian agents to and forward tran Each Indian agent shall keep a book of itemized expenditures of every kind, with a record of all contracts, together with the receipts keep book of exof money from all sources; and the books thus kept shall always be penditures, &c., open to inspection; and the said books shall remain in the office at scripts to Comthe respective reservations, not to be removed from said reservation missioner. by said agent, but shall be safely kept and handed over to his suc- R.S., § 2058. cessor; and true transcripts of all entries of every character in said books shall be forwarded quarterly by each agent to the Commissioner of Indian Affairs: books, &c. Provided, That should any agent knowingly make any false entry -punishment for in said books, or in the transcripts directed to be forwarded to the failing to keep Commissioner of Indian Affairs, or shall knowingly fail to keep a 1874, June 22,ch. perfect entry in said books as herein prescribed, he shall be deemed 389,and note,ante, guilty of a misdemeanor, and, on conviction before any United p. 31. States court having jurisdiction of such offense, shall be fined in a sum not less than five hundred nor more than one thousand dollars, at the discretion of the court, and shall be rendered incompetent to hold said office of Indian agent after conviction under this act. * [March 3, 1875.] NOTE. (2) The provision of the act of 1851, Feb. 27, ch. 14, § 6 (9 Stat. L., 587), is incorporated into March 3, 1875. 18 Stat. L., 452. Actual traveling expenses only to officers and emmarshals, district ployés, except CHAP. 133.-An act making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and seventy-six, and for other purposes. Be it enacted, &c., * [Par. 1.] That (1) hereafter only actual travelling expenses shall be allowed to any person holding employment or appointment under the United States, except marshals, district attorneys, and clerks of the courts of the United States and their deputies; and all allowances for mileages and transporta- attorneys, and tion in excess of the amount actually paid, except as above excepted, clerks of courts. are hereby declared illegal; and no credit shall be allowed to any of R. S., SS 74, 1273, the disbursing-officers of the United States for payment or allowances 3157. in violation of this provision. * 1289, 1290, 1566, 1882, Aug. 5, ch. [Par. 2.] That no money shall hereafter be paid to any railroad Land-grant railcompany for the transportation of any property or troops of the roads not to be United States over any railroad which in whole or in part was con- tation of property, paid for transporstructed by the aid of a grant of public land on the condition that troops, officers, such railroad should be a public highway for the use of the Govern- &c., of the United ment of the United States free from toll or other charge, or upon States. any other conditions for the use of such road, for such transporta- 390, par. 1, post, tion; nor shall any allowance be made for the transportation of offiNOTE. (1) This provision, without the word "hereafter" and without the exception appearing herein, first appeared in 1874, June 16, ch. 285 (18 Stat. L., 72). It is thus superseded by this act, and is consequently omitted from this volume, although amendinents made by 1875, ch. 95, and 1876, ch. 159 (cited below), refer to the act of 1874 instead of to this act. Changes of law are made by 1875, Feb. 20, ch. 95, § 7, ante, p. 66, allowing mileage to judicial officers, as in this act; 1876, June 30, ch. 159, par. 1, post, p. 109, allowing mileage to naval officers (amended by 1882, Aug. 5, ch. 391, par. 5, post, p. 377, repealing mileage for travel abroad); and 1876, July 24, ch. 226, § 2, post, p. 113, allowing mileage to Army officers, regulated by 1883. March 3, ch. 93, par. 2, post, p. 400; 1890, June 13, ch 423, par. 7, post, p. 756 (see note thereto), and 1890, Sept. 19, ch. 907, § 15, post, p. 803; and 1878, June 11, ch. 181, $1, post, p. 180, and 1879, Feb. 14, ch. 68, par. 2, post, pp. 216, 217, allowing mileage to Board of Visitors to Military and Naval Academies. p. 375. SUP R S-6 93 U. S. 442. 12 cers of the Army over any such road when on duty and under orders C. Cls., 295. 13 C. as military officers of the United States. Cls., 562. 15 C. Cls., 126, 428. 18 C. Cls., 359,618. 19 Fed. Rep., 807. right of appeal. -may bring suits But nothing herein contained shall be construed as preventing any therefor in Court such railroad from bringing a suit in the Court of Claims for the of Claims, with charges for such transportation, and recovering for the same if found R. S., 707, 708, entitled thereto by virtue of the laws in force prior to the passage of this act; provided that the claim for such charges shall not have been barred by the statute of limitations at the time of bringing the suit, and either party shall have the right of appeal to the Supreme Court of the United States; 1059. 15 C. Cls., 126, 428; 16 Opins., 605. - certain roads exempt from these provisions. And provided further. That the foregoing provision shall not apply for the current fiscal year, nor thereafter, to roads where the sole condition of transportation is that the company shall not charge the Government higher rates than they do individuals for like transportation, and when the Quartermaster-General shall be satisfied that this condition has been faithfully complied with. * * * Money not to be [Par. 3.] For manufacture at national armories, * Provided, expended at ar- That hereafter no money shall be expended at said armories in the mories in perfecting inventions by perfection of patentable inventions in the manufacture of arms by Army officers. officers of the Army otherwise compensated for their services to the R. S., §§ 1663, United States. 1673. 1883, March 3, ch. 143, par. 5, post, p. 420. erence to domes Secretary of SEC. 2. That in all contracts for material for any public improveWar to give pref- ment, the Secretary of War shall give preference to American matetic materials and rial; and all labor thereon shall be performed within the jurisdiction of the United States. [March 3, 1875.] labor. R. S., § 3717. March 3, 1875. 18 Stat. L., 467. Military A cad how filled. CHAP. 135. —An act making appropriations for the support of the Military Academy for the year ending June thirtieth, eighteen hundred and seventy-six. Be it enacted, &c., * [Par. 1.] That the President of emy, vacancies in, the United States be authorized to fill any vacancy occurring at said R. S., 1309- academy by reason of death, or other cause, of any person appointed by him. 1341. -assistant in * * That the assistant instructors of tactics commanding cadet comstructors of tac- panies at West Point shall receive the same pay and allowances as tics, pay of. R. S., 1337. assistant professors in the other branches of study. 1880, June 1, ch. 115, post, p. 290. 1882, June 30, ch. 255, par. 1, post, p. 349. [Par. 2.] For text-books, books of reference, R. S., § 1309- Printing and binding text-books prepared for the special instruction Provided, That said books shall be sold to the cadets at cost price, and the amount received therefor covered into the Treasury; * [March 3, 1875.] March 3, 1875. 18 Stat. L., 469. Secretary of fund customs duties paid. CHAP. 136. An act restricting the refunding of custom duties and prescribing certain regulations of the Treasury Department Be it enacted, &c., That no moneys collected as duties on imports, Treasury restrict- in accordance with any decision, ruling, or direction previously made ed in power to re- or given by the Secretary of the Treasury, shall, except as hereinafter provided, be refunded or repaid, unless in accordance with the judgment of a circuit or district court of the United States giving construction to the law, and from which the Attorney-General shall certify that no appeal or writ of error will be taken by the United States; or unless in pursuance of a special appropriation for the particular refund or repayment to be made: R. S., SS 2984, 30124, 3013, 5292. 1890, June 10, ch. 407, § 15, post, 15 Opins., 127. p. 751. 10 Fed. Rep., 89. - except in cases of error of facts. Provided, That whenever the Secretary shall be of opinion that such duties have been assessed and collected under an erroneous view of the facts in the case, he may authorize a re-examination and reliquidation in such case, and make such refund in accordance with existing laws as the facts so ascertained shall, in his opinion, justify; but no such reliquidation shall be allowed unless protest and appeal shall have been made as required by law: Provided further, That the restrictive provisions of this act shall -Restrictive pronot apply to such personal and household effects and other articles, visions not to apply to personal not merchandise, as are by law exempt from duty: effects, &c., not - and cases of ex cess of deposits on And provided also, That this act shall not affect the refund of dutiable. excess of deposits based on estimated duties nor prevent the correction of errors in liquidation, whether for or against the Government, arising solely upon errors of fact discovered within one year from the date of payment, and, when in favor of the Government, brought to the notice of the collector within ten days from the date of dis covery. estimated duties. R. S., $30124. SEC. 2. That no ruling or decision once made by the Secretary of decisions of, as the Treasury, giving construction to any law imposing customs to customs duties, not to be reversed, duties, shall be reversed or modified adversely to the United States, or modified adby the same or a succeeding Secretary, except in concurrence with versely to United an opinion of the Attorney-General recommending the same, or a States, except, &c. judicial decision of a circuit or district court of the United States R. S., S$ 249, 2652, 5293. conflicting with such ruling or decision, and from which the Attor- 1890, June 10, ney-General shall certify that no appeal or writ of error will be ch. 407, § 15, post, taken by the United States: p. 751. - Provided, That the Secretary of the Treasury may in his discre- may decline to tion, decline to acquiesce in the judgment, decision, or ruling of an acquiesce in deciinferior court upon any question affecting the interests of the United courts in any case. States, when, in his opinion, such interests require a final adjudica- 16 Opins., 29, 94. tion of such question by the court of last resort. Secretary of SEC. 3. That the Secretary of the Treasury shall have power to make such regulations, not inconsistent with law, as may be neces- Treasury to make sary to carry this act into effect. SEC. 4. That the Secretary of the Treasury shall, in his annual report to Congress, give a detailed statement of the various sums of money refunded under the provisions of this act or of any other act of Congress relating to the revenue, together with copies of the rulings under which repayments were made: Provided, That in all cases where the Secretary of the Treasury shall so request the Attorney-General shall take an appeal to the Supreme Court. [March 3, 1875.] regulations. R. S., § 249. -to report to Congress annually statement of money refunded. R. S., §§ 257-262. may require Atappeal any case. torney-General to CHAP. 137.—An act to determine the jurisdiction of circuit courts of the United States, and to regulate the removal of causes from State courts, and for other purposes. Be it enacted, &c. [For substitute for sections 1, 2, 3, see 1888, Aug. 13. ch. 866, § 1, post, p. 611.]. March 3, 1875. 18 Stat. L., 470. ments, bonds, se SEC. 4. That when any suit shall be removed from a State court to In cases removed a circuit court of the United States, any attachment or sequestration from State courts, of the goods or estate of the defendant had in such suit in the State previous attachcourt shall hold the goods or estate so attached or sequestered to curity, orders, &c., answer the final judgment or decree in the same manner as by law to remain valid. they would have been held to answer final judgment or decree had it been rendered by the court in which said suit was commenced; And all bonds, undertakings, or security given by either party in such suit prior to its removal shall remain valid and effectual, notwithstanding said removal; And all injunctions, orders, and other proceedings had in such suit prior to its removal shall remain in full force and effect until dissolved or modified by the court to which such suit shall be removed. R. S., § 646. 113 U.S., 725. SEC. 5. That if, in any suit commenced in a circuit court, or removed Suits improperly from a State court to a circuit court of the United States, it shall in circuit court |