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established by the Secretary of the Interior under the 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.]

CHAPTER 132.

March 3, 1875. 18 Stat. L., 420.

AN ACT MAKING APPROPRIATIONS FOR THE CURRENT AND CONTINGENT EXPENSES OF

THE INDIAN DEPARTMENT, AND FOR FULFILLING TREATY-STIPULATIONS WITH
VARIOUS INDIAN TRIBES, FOR THE YEAR ENDING JUNE THIRTIETH, EIGHTEEN
HUNDRED AND SEVENTY-SIX, AND FOR OTUIER PURPOSES.

ers.

*

*

*

SECTION

SECTION 1. Three Indian inspectors only, and agencies Copies of contracts for Indian service to be need not be inspected twice a year.

furnished Second Auditor. 2. No payments to Indians at war with United 8. Secretary of Interior to print and lay before States.

Congress_annually statement of expendi. 4. Agents to make rolls of Indians entitled to

tures of Indian appropriations, and statesupplies, and how to distribute supplies.

ment of salaries, &c. 5. - employés of, amount allowed for.

Report of Commissioner of Indian Affairs, &c., Indians to be employed.

to be laid before Congress on first day of Agent's oath to accounts.

session. Increase of employés, how obtained.

9. Bidders on account of Indian service in 6. Appropriations for Indian supplies to be so amounts exceeding $5,000 to accompany bids distributed as to prevent deficiencios.

with certified checks, &c. - not to be exceeded in any year.

10. Sureties on Indian agents' bonds to filo state7. Purchase of Indian supplies exceeding $1,000 ment of property.

not to be made without advertising, and no Indian agents to keep books of expenditures, credits allowed to officers without vouch

and forward transcripts to Commissioner.

- punishment for failure to keep books, &c. Be it enacted, &c. Three Indian in- [SECTION 1],

That after the commencement of the next spectors only, and fiscal year there shall be but three inspectors; and that provision of law agencies need not be inspected twice requiring that each agency shall be visited' and examined by one or a year.

more of the inspectors at least twice in each year is hereby repealed. R. S., ởỷ 20432045.

No payments to SEC. 2. That none of the appropriations herein made, or of any appro-
Indians at war priations made for the Indian service, shall be paid to any band of In-
with United dians or any portion of any band while at war with the United States
States.
R. S., 2100.

or with the white citizens of any of the States or Territories. Repetition of

SEC. 3. (1) 1874, June 22, ch. 389, 3. Agents to make SEC. 4. That hereafter, for the purpose of properly distributing the

4 rolls of Indians en: supplies appropriated for the Indian service, it is hereby made the duty

to ; how to distribute of each agent in charge of Indians and having supplies to distribute, to supplies.

make out, at the commencement of each fiscal year, rolls of the Indians R. S., $ 2058, entitled to supplies at the agency, with the names of the Indians and 2086, 2087.

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 beads of tribes or bands, and not to give out supplies for a greater

length of time than one week in advance. - employés of; SEC. 5. That hereafter not more than six thousand dollars shall be a mount allowed paid in any one year for salaries or compensation of employees at any for.

R. S., sø 2055, one agency, in addition to the salaries of the agent, and not more at any 2058.

one agency than is absolutely necessary; 1880, May 11, ch. 85, o 1, par. 2.

Indians to be And where Indians can perform the duties they shall be employed; employed. and the number and kind of employees at each agency shall be pre

1378, May 27, ch. scribed by the Secretary of the Interior, and none others shall be em142.

1379, Fub. 17, ch. ployed. 87.

Agent's oath to Indian agents shall be required to state, under oath, upon rendering accounts.

Note.-(1) This section is an repetition of section 3 of act of 1874, June ch. 389, and as it is printed with that act in this volume it is deemed unnecessary to reprint it here.

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 dis-
tance of such agent, the Secretary of the Interior may direct such re-
turns to be made upon certificate of the agent:
And provided further, That in case it should be necessary, at any

Increase of emagencies, to have more employees than provided for in this section, the ployés; how obSecretary may, by written order, authorize the increase necessary; but tained.

. 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.

SEC. 6. That hereafter, it shall be the duty of the Secretary of the Appropriations Interior, and the officers charged by law with the distribution of sup- to be so distributed plies to the Indians, under appropriations made by law, to distribute as to prevent dofithem and pay them out to the Indians entitled to them, in such proper ciencies. 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;

And no expenditure shall be made or liability incurred on the part of -not to be exthe Government on account of the Indian service for any fiscal year

ceeded in any year.

R. S., \ 3679. (unless in compliance with existing law) beyond the amount of money previously appropriated for said service during such year.

SEC. 7. That hereafter, no purchase of goods, supplies, or farming Purchases of Inimplements, or any other article whatsoever, the cost of which shall dian supplies exexceed one thousand dollars, shall be paid for from the money appropri, to bo made with

ceeding $1,000 pot ated by this act, unless the same shall have been previously advertised out advertisement, and contracted for as heretofore provided by law; and no payment of and no credits alany part of the money appropriated by this act, or heretofore appropri. lowed to officers ated, for the expenses of the Indian Department, shall be credited to without vouchers, , any Government officer until the proper vouchers therefor shall first R. S., ởỷ 2083, have been submitted to, examined, and authorized by the accounting 3709: officers of the Treasury.

1877, March 3,

ch. 101. And provided further, That copies of all contracts made by the Com

Copies of conmissioner of Indian Affairs, or any other officer of the Government, for tracts for Indian the Indian service, shall be furnished to the Second Auditor of the service to be fur

nished Second AuTreasury before any payment shall be made thereon.

ditor. SEC. 8. That hereafter, the Secretary of the Interior cause to be pre

Secretary of Inpared and delivered to the Public Printer, on or before the first day of terior to priut and November in each year, a tabular statement of the items paid out up to lay boforo Conthat date of the appropriations made for the Indian Department for the grens annually a fiscal year previously ending, each item þeing placed under the appro- of expenditure of

statement of items priation from which it was paid, in such manner as to show the dispo. Indian appropriasition made of each appropriation and the amount unexpended of each; tions, statement of also an itemized statement of the salaries and incidental expenses paid salaries, &c;

R. S., § 445. 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 Commissioner of reports of agents, be printed and laid before Congress on the first day Indian Attairs to of the said session.

report to Congress

on first day of ses

sion. R. S., Ø 468, 469. SEC. 9. That hereafter all bidders under any advertisement published Bidders on by the Commissioner of Indian Affairs for proposals for goods, supplies, count of Indian

service in amounts transportation, and so forth, for and on account of the Indian service, exceeding $5,000 to whenever the value of the goods, supplies, and so forth, to be furnished, accompany 'bids or the transportation to be performed, shall exceed the sum of five thou- with certifiod sand dollars, shall accompany their bids with a certitied check, or draft checks, &c.

R. S., \ 3709. payable to the order of the Commissioner of Indian Affairs, upon some

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1874, Juno 22, ch. United States depository or some one of such solvent national banks as 389, Ø 6.

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;

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. Suretics on In- SEC. 10. That hereafter the security or securities, upon the bond redian agents' bond quired by the act of February twenty-seventh, eighteen hundred and to file statement of property.

fifty-one, (1) to be given by each Indian agent before entering upon the R.S., V 2057. duties of his office, shall file a sworn statement with the 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 Each Indian agent shall keep a book of itemized expenditures of every kvep. book of ex- kind, with a record of all contracts, together with the receipts of money penditures, ... from all sources; and the books thus kept shall always be open to in

forward transcripts to Commis- spection; and the said books shall remain in the office at the respective sioner.

reservations, not to be renioved froin said reservation by said agent, but R. S., 0 2058.

shall be safely kept and handed over to his successor; 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 : - punishment for Provided, That should any agent knowingly make any false entry in failing to keep said books, or in the transcripts directed to be forwarded to the Combooks, &c.

missioner of Indian Affairs, or shall knowingly fail to keep a perfect
entry in said books as herein prescribed, he shall be deemed guilty of a
misdemeanor, and, on conviction before any United 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.-(1) The provision of the act of 1851, Feb. 27, ch. 14, 8 6 (9 Stat. L, 587), is incorporated into
§ 2057 of the Revised Statutes.

CHAPTER 133.

March 3, 1875. 18 Stat. L., 452.

AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE ARMY FOR THE FISCAL

YEAR ENDING JUNE THIRTIETH, EIGHTEEN IIUNDRED AND SEVENTY-SIX, AND
FOR OTHER PURPOSES.

SECTION
1. Par. 1. Actual traveling expenses only to offi-

cers and employés, except marshals,
district attorneys, and clerks of

courts.
Par. 2. Land-grant railroads not to be paid for

transportation of property, troops,

officers, &c., of United States.
- may bring suits in Court of Claims,

&c.

SECTION
1. Par. 2. Certain land-grant railroads exempt

from these provisions.
1. Par. 3. Money not to be expended at armories

in perfecting inventions by Ariny

officers. 2. Secretary of War, in contracts for public im.

provement, to give preference to domestic materials, and all labor thereon to be performed in United States.

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Be it enacted, &c.

SECTION 1.1 * Actual traveling (Par. 1.] That hereafter only actual travelling-expenses shall be alexpenses only to lowed to any person holding employment or appointment under the officers and eni ployés, except

United States, except marshals, district attorneys, and clerks of the marshals, district courts of the United States and their deputies; and all allowances for mileages and transportation in excess of the amount actually paid, ex- attorneys, and cept as above excepted, are hereby declared illegal; and no credit shall be clerks of courts. allowed to any of the disbursing-officers of the United States for pay- 1289, * 1290,"' 1566,

R. S., 0974, 1273, ment or allowances in violation of this provision.

3157.

1874, June 16, ch. 285. 1875, Feb. 20, ch. 95, 57. 1876, June 30, ch. 159.

(Par. 2.] That no money shall hereafter be paid to any railroad com- Land-grant railpany for the transportation of any property or troops of the United roads not to be States over any railroad which in whole or in part was constructed by tation of property, the aid of a grant of public land on the condition that such railroad

troops, officers, should be a public highway for the use of the Government of the United &c., of United States free from toll or other charge, or upon any other conditions for States. the use of such road, for such transportation; nor shall any allowance be made for the transportation of officers of the Army over any such road when on duty and under orders as military officers of the United States.

But nothing herein contained shall be construed as preventing any – may bring suits such railroad from bringing a suit in the Court of Claims for the charges therefor in Conrt for such transportation, and recovering for the same if found entitled of Claims, with

right of appeal. thereto by virtue of the laws in force prior to the passage of this act;

R. S., 00 707,708, provided that the claim for such charges shall not have been barred by 1059. the statute of limitations at the time of bringing the suit, and either

15 C. Cls., 126,

428. party shall have the right of appeal to the Supreme Court of the United States;

16 Opin. Att’y

Gen., 605. And provided further, That the foregoing provision shall not apply – certain roads exfor the current fiscal year, nor thereafter, to roads where the sole con- empt from these dition of transportation is that the company shall not charge the Gov. provisions. ernment 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.

[Par. 3.) That hereafter no money shall be expended at said (national] Money not to be armories in the perfection of patentable inventions in the manutacture expended at armoof arms by officers of the Army otherwise compensated for their serv- inventions by Ar

ries in perfecting ices to the United States.

my officers.

R. S., Ø Ø 1662-1673. SEC. 2. That in all contracts for material for any public improvement, Secretary of the Secretary of War shall give preference to American material; and War, in contracts all labor thereon shall be performed within the jurisdiction of the United

for public improve

ments, to give States.

preference to do

mestic materials, [March 3, 1875.)

and all labor thereon to be performed in United States.

R. S., Ø 3717.

CHAPTER 135.

AN ACT MAKING APPROPRIATIONS FOR TIIE SUPPORT OF THE MILITARY ACADEMY FOR

THE YEAR ENDING JUNE THIRTIETI, EIGHTEEN HUNDRED AND SEVENTY-SIX.

March 3, 1875. 18 Stat. L., 467.

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That the President of the United States be authorized to fill any va- Military Acadcancy occurring at said academy by reason of death, or other canse, of emy, vacancies in, any person appointed by him.

may be filled by

President.
R. S., Ø Ø 1309-1341.

*

- assistant in- That the assistant instructors of táctics commanding cadet companies
structors of tactics at West Point shall receive the same pay and allowances as assistant
to receive pay of
assistant profess- professors in the other branches of study.
ors. R. S., 1337.
- books to be sold

For
text-books, books of reference,

printing to cadets at cost. and binding text-books prepared for the special instruction of the ca

R, S., ý ý 1303- dets. 1341.

Provided, That said books shall be sold to the cadets at cost price and the amount received therefor shall be covered into the Treasury;

[March 3, 1873.]

*

3.

any case.

Gen.,

CHAPTER 136. March 3, 1875. AN ACT RESTRICTING THE REFUNDING OF CUSTOM DUTIES AND PRESCRIBING CERTAIN

REGULATIONS OF THE TREASURY DEPARTMENT 18 Stat. L., 469. SECTION

SECTION 1. Secretary of Treasury restricted in power to 2. Secretary may decline to acquiesce in decis. refund customs duties paid.

ions of inferior courts in any case, &c. - except in case of error in fact.

to maky regulations under this act. - and except in case of personal effects, &c., to report to Congress annually statement of not dutiablo.

money refunded under revenue laws.
- and cases of excess of deposit on estimated — may require Attorney-General to peal

duties.
2. – decision of, as to customs duties, not to be

reversed or modified adversely to United

States except, &c.

Be it enacted, &c. Secretary of (SECTION 1], That no moneys collected as duties on imports, in acTreasury restricted cordance with any decision, ruling, or direction previously made or given in power to refund by the Secretary of the Treasury, shall, except as bereinafter provided, customs duties paid.

be refunded or repaid, unless in accordance with the judgment of a cirR. S., $$_2984, cuit or district court of the United States giving construction to the law, 30121, 3013, 5292. and from which the Attorney-General shall certify that no appeal or 15 Opin. Att’y- writ of error will be taken by the United States; or unless in pursuance 127.

of a special appropriation for the particular refund or repayment to be

made: - except in cases Provided, That whenever the Secretary shall be of opinion that such of error of facts.

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: – and except in Provided further, That the restrictive provisions of this act shall not case of personalof- apply to such personal and household effects and other articles, not merforts, &c., not du- chandise, as are by law exempt from duty: tiable. - and cascs of ex

And provided also, That this act shall not affect the refund of excess cess of deposits on of deposits based on estimated duties nor prevent the correction of errors estimated duties. in liquidation, whether for or against the Government, arising solely R. S., \ 3012).

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 col

lector within ten days from the date of discovery. - decisions of,as to SEC. 2. That no ruling or decision once made by the Secretary of the customs duties, vot Treasury, giving construction to any law imposing customs duties, shall to be reversed, or be reversed or modified adversely to the United States, by the same or moditieel adversely to United States, a succeeding Secretary, except in concurrence with an opinion of the except, &c. Attorney-General recommending the same, or a judicial decision of a

R, S., 249, circuit or district court of the United States conflicting with such ruling 2652, 5293.

or decision, and from which the Attorney-General shall certify that no

appeal or writ of error will be taken by the United States : may decline to

Provided, That the Secretary of the Treasury may in his discretion, acquiesce in decis decline to acquiesce in the judgment, decision, or ruling of an inferior ion of inferior courts in any case',

court upon any question affecting the interests of the United States, &c.

when, in his opinion, such interests require a final adjudication of such 16 Opin. Att’y, question by the court of last resort. Gen., 20,94.

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