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.] March 3, 1875. 18 Stat. L., 420. Three Indian in CHAPTER 132. AN ACT MAKING APPROPRIATIONS FOR THE CURRENT AND CONTINGENT EXPENSES OF Be it enacted, &c. SECTION Copies of contracts for Indian service to be furnished Second Auditor. 8. Secretary of Interior to print and lay before Congress annually statement of expenditures of Indian appropriations, and statement of salaries, &c. Report of Commissioner of Indian Affairs, &c., to be laid before Congress on first day of session. 9. Bidders on account of Indian service in amounts exceeding $5,000 to accompany bids with certified checks, &c. 10. Suretics on Indian agents' bonds to file statement of property. Indian agents to keep books of expenditures, and forward transcripts to Commissioner. -punishment for failure to keep books, &c. 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that each agency shall be visited and examined by one or more of the inspectors at least twice in each year is hereby repealed. a year. * No payments to SEC. 2. That none of the appropriations herein made, or of any approIndians at war priations made for the Indian service, shall be paid to any band of Inwith United dians or any portion of any band while at war with the United States or with the white citizens of any of the States or Territories. Repetition of- SEC. 3. (1) States. R. S., § 2100. 1874, June 22, ch. 389, § 3. how to distribute supplies. Agents to make SEC. 4. That hereafter, for the purpose of properly distributing the rolls of Indians en- supplies appropriated for the Indian service, it is hereby made the duty titled to supplies; of each agent in charge of Indians and having supplies to distribute, to 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 heads of tribes or bands, and not to give out supplies for a greater length of time than one week in advance. - employés of; amount allowed for. R. S., §§ 2055, 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. Indian agents shall be required to state, under oath, upon rendering NOTE. (1) This section is an exact repetition of section 3 of act of 1874, June 22, 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 distance of such agent, the Secretary of the Interior may direct such returns to be made upon certificate of the agent: Increase of em tained. And provided further, That in case it should be necessary, at any agencies, to have more employees than provided for in this section, the ployés; how obSecretary 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. 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 for Indian supplies plies to the Indians, under appropriations made by law, to distribute as to prevent defithem 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 the Government on account of the Indian service for any fiscal year (unless in compliance with existing law) beyond the amount of money previously appropriated for said service during such year. not to be exceeded in any year. R. S., § 3679. 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 be made withceeding $1,000 not 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 without vouchers, ated, for the expenses of the Indian Department, shall be credited to &c. any Government officer until the proper vouchers therefor shall first have been submitted to, examined, and authorized by the accounting 3709 officers of the Treasury. 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 furTreasury before any payment shall be made thereon. R. S., § 2083, 1877, March 3, ch. 101. nished Second Auditor. statement of items SEC. 8. That hereafter, the Secretary of the Interior cause to be preSecretary of Inpared and delivered to the Public Printer, on or before the first day of terior to print and November in each year, a tabular statement of the items paid out up to lay before Conthat date of the appropriations made for the Indian Department for the gress annually a fiscal year previously ending, each item being placed under the appro- of expenditure of 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. 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; R. S., § 445. Commissioner of 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 Indian Affairs to of the said session. sion. report to Congress on first day of sesR. S., §§ 468, 469. Bidders on ac service in amounts SEC. 9. That hereafter all bidders under any advertisement published by the Commissioner of Indian Affairs for proposals for goods, supplies, count of Indian 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 certified sand dollars, shall accompany their bids with a certified check, or draft checks, &c. R. S., § 3709. payable to the order of the Commissioner of Indian Affairs, upon some 1874, June 22, ch. United States depository or some one of such solvent national banks as 389, § 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; Suretics on In to file statement of 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. 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 fifty-one, (1) to be given by each Indian agent before entering upon the 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. and forward tran Indian agents to Each Indian agent shall keep a book of itemized expenditures of every keep book of ex- kind, with a record of all contracts, together with the receipts of money penditures, &c., from all sources; and the books thus kept shall always be open to inscripts to Commis- spection; and the said books shall remain in the office at the respective reservations, not to be removed from said reservation by said agent, but 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: sioner. R. S., § 2058. - punishment for failing to keep books, &c. Provided, That should any agent knowingly make any false entry in said books, or in the transcripts directed to be forwarded to the Commissioner 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, § 6 (9 Stat. L, 587), is incorporated into § 2057 of the Revised Statutes. Actual traveling CHAPTER 133. AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE ARMY FOR THE FISCAL Par. 1.] That hereafter only actual travelling-expenses shall be alexpenses only to lowed to any person holding employment or appointment under the 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 officers and em 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. R. S., §§ 74, 1273, allowed to any of the disbursing-officers of the United States for pay- 1289, 1290, 1566, ment or allowances in violation of this provision. 3157. 1874, June 16, ch. 285. 1875, Feb. 20, ch. 95, § 7. 1876, June 30, ch. 159. Land-grant rail [Par. 2.] That no money shall hereafter be paid to any railroad company 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, paid for transporthe 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 Court 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., §§ 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 party shall have the right of appeal to the Supreme Court of the United States; 15 C. Cls., 126, 428. 16 Opin. Att'yGen., 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] armories in the perfection of patentable inventions in the manufacture of arms by officers of the Army otherwise compensated for their services to the United States. SEC. 2. That in all contracts for material for any public improvement, the Secretary of War shall give preference to American material; and all labor thereon shall be performed within the jurisdiction of the United States. [March 3, 1875.] Money not to he expended at armories in perfecting inventions by Ar my officers. R. S., §§ 1662-1673. Secretary of War, in contracts for public improvements, to give preference to domestic materials, and all labor thereon to be performed in United States. R. S., § 3717. CHAPTER 135. AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE MILITARY ACADEMY FOR Military Academy, vacancies in, may be filled by -assistant instructors of tactics to receive pay At Military Academy, books to be sold to cadets at cost. March 3, 1875. 18 Stat. L., 467. Be it enacted, &c. * That the President of the United States be authorized to fill any vacancy occurring at said academy by reason of death, or other cause, any person appointed by him. Military Acadof emy, vacancies in, may be filled by President. R. S., § 1309-1341. -assistant in- That the assistant instructors of tactics 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 to cadets at cost. R. S., §§ 1309 1341. March 3, 1875. 18 Stat. L., 469. Secretary of customs duties paid. For text-books, books of reference, * printing and binding text-books prepared for the special instruction of the cadets. * * 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.] * * CHAPTER 136. AN ACT RESTRICTING THE REFUNDING OF CUSTOM DUTIES AND PRESCRIBING CERTAIN [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 hereinafter provided, 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, 30124, 3013, 5292. 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: 15 Opin. Att'y Gen., 127. -except in cases of error of facts. and except in case of personal effects, &c., not dutiable. and cases of excess of deposits on estimated duties. R. S., § 3012). -decisions of, as to 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 not apply to such personal and household effects and other articles, not merchandise, as are by law exempt from duty: And provided also, That this act shall not affect the refund of 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 discovery. SEC. 2. That no ruling or decision once made by the Secretary of the customs duties, not 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 modified 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 acquiesce in decision of inferior Provided, That the Secretary of the Treasury may in his discretion, decline to acquiesce in the judgment, decision, or ruling of an inferior court upon any question affecting the interests of the United States, 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. courts in any case, &c. |