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Secretary of Interior to enter of
record his official statement.
Provided, That the Secretary of the Interior shall in all cases enter, in writing, on such original contract, on the record in the office of the Commissioner of Indian Affairs wherein such original contract is recorded, an official statement, showing that the contract or agreement and proofs have been filed in accordance with the provisions of this act and consid. ered by him, and in his opinion said contract or agreement or assignments thereof are not exorbitant and not fraudulent, and that they are just, the same shall be valid.
-may reject any But if, in the opinion of the Secretary of the Interior, such contract or contract as exorbi- agreement, or the assignment thereof, is fraudulent or exorbitant, he shall tant or fraudulent. officially enter his rejection, in writing, upon the record of such contract or agreement, and they shall not be considered of binding force by any officer or employee of the United States.
to cause investi
gation to be made of existing contracts, &c.
SEC. 5. That it is hereby made the duty of the Secretary of the Interior to cause an investigation to be made of all existing contracts or agreements, within the purview of this act, now on file in his office, or of the office of the Commissioner of Indian Affairs, or any other office or bureau under his control, and by special notice to the party or parties in interest compel, in the case of each such contract or agreement so found on file, the same strictness of official examination, and indorsement, record and sworn statement of fact, as is required by the several provisions of this Provided, That the investigation of facts touching the character of any may be appointed contract or agreement contemplated by this act may be made by a comto make investiga- missioner appointed by the President for that purpose, who shall report all such facts to the Secretary of the Interior in writing. [April 29, 1874.]
April 29, 1874.
18 Stat. L., 36.
Articles of agreement with Ute Indians in Colorado.
Ratified again 1880, June 15, ch. 223.
Treaty (15 Stat. L., 619).
Stat. L., 55).
AN ACT TO RATIFY AN AGREEMENT WITH CERTAIN UTE INDIANS IN COLORADO, AND
[SECTION 1], That a certain agreement made by Felix R. Brunot, commissioner on the part of the United States, with certain Ute Indians in Colorado, be, and the same is hereby, ratified and confirmed. Said agreement is in words and figures following, namely:
Articles of convention made and entered into at the Los Pinos agency for the Ute Indians, on the thirteenth day of September, eighteen hundred and seventy-three, by and between Felix R. Brunot, commissioner in behalf of the United States, and the chiefs, head men, and men of the Tabequache, Muache, Capote, Weeminuche, Yampa, Grand River, and Uintah bands of Uté Indians, witnesseth:
That whereas a treaty was made with the confederated bands of the Ute Nation on the second day of March, eighteen hundred and sixty-eight, and 1872, ch. 115 (17 proclaimed by the President of the United States on the sixth day of November, eighteen hundred and sixty eight, the second article of which defines by certain lines the limits of a reservation to be owned and occupied by the Ute Indians; and whereas by act of Congress approved April twenty three, eighteen hundred and seventy two, the Secretary of the Interior was authorized and empowered to enter into negotiations with the Ute Indians in Colorado
for the extinguishment of their right to a certain portion of said reservation, and a commission was appointed on the first day of July, eighteen hundred and seventy two, to conduct said negotiation; and whereas said negotiation having failed, owing to the refusal of said Indians to relinquish their right to any portion of said reservation, a new commission was appointed by the Secretary of the Interior, by letter of June second, eighteen hundred and seventy-three, to conduct said negotiation:
Now, therefore, Felix R. Brunot, commissioner in behalf of the United States, and the chiefs and people of the Tabequache, Muache, Capote, Weeminuche, Yampa, Grand River, and Uintah, the confederated bands of the Ute Nation, do enter into the following agreement:
Ute Indians re
Article I. The confederated band of the Ute Nation hereby relinquish to the United States all right, title, and claim and interest in and to the lease certain lands. following described portion of the reservation heretofore conveyed to them by the United States, viz: Beginning at a point on the eastern boundary of said reservation fifteen miles due north of the southern boundary of the Territory of Colorado, and running thence west on a line parallel to the said southern boundary to a point on said line twenty miles due east of the western boundary of Colorado Territory; thence north by a line parallel with the western boundary to a point ten miles north of the point where said line intersects the thirty-eighth parallel of north latitude; thence east to the eastern boundary of the Ute reservation; thence south along said boundary to the place of beginning: Provided, That if any part of the Uncopagre Park shall be found to extend south of the north line of said described country, the same is reserved. not intended to be included therein, and is hereby reserved and retained as a portion of the Ute reservation.
Article II. The United States shall permit the Ute Indians to hunt upon said lands so long as the game lasts and the Indians are at peace with the white people.
ted to hunt.
annuity to be or in
Article III. The United States agrees to set apart and hold, as a perpetual trust for the Ute Indians, a sum of money, or its equivalent in disbursed bonds, which shall be sufficient to produce the sum of twenty-five thou- Reaffirmed 1880, sand dollars per annum; which sum of twenty-five thousand dollars June 15, ch. 223. per annum shall be disbursed or invested at the discretion of the President, or as he may direct, for the use and benefit of the Ute Indians annually forever.
Article IV. The United States agrees, so soon as the President may agency for, to be deem it necessary or expedient, to erect proper buildings and establish established. an agency for the Weeminuche, Muache, and Capote bands of Ute Indians at some suitable point, to be hereafter selected, on the southern part of the Ute reservation.
Article V. All the provisions of the treaty of eighteen hundred and sixty-eight not altered by this agreement shall continue in force; and treaty of, reaffirmthe following words, from article two of said treaty, viz, See Treaty (15
"The United States now solemnly agrees that no persons except those Stat. L., 619). herein authorized to do so, and except such officers, agents, and employees of the Government as may be authorized to enter upon Indian reservations in discharge of duties enjoined by law, shall ever be permitted to pass over, settle upon, or reside in the territory described in this article, except as herein otherwise provided," are hereby expressly re-affirmed, except so far as they applied to the country herein relinquished. Article VI. In consideration of the services of Ouray, head chief of Salary of Ouray, the Ute Nation, he shall receive a salary of one thousand dollars per annum for the term of ten years, or so long as he shall remain head chief of the Utes and at peace with the people of the United States. Article VII. This agreement is subject to ratification or rejection by Subject to ratifithe Congress of the United States and of the President. (1)
chief of Ute Nation.
Bonds to be is
SEC. 2. That the Secretary of the Treasury shall issue, set apart, and hold, as a perpetual fund, in trust for the Ute Indians, a sufficient sued and held for
NOTE. (1) This agreement is signed and scaled by the Commissioner of the United States and by 254
payment of nuity, &c.
an- amount of five-per-centum bonds of the United States, the interest on which shall be twenty-five thousand dollars per annum; which interest shall be paid annually, as the President of the United States may direct, for the benefit of said Indians.
Appropriation for payment of salary to Chief Ouray.
SEC. 3. That the Secretary of the Treasury shall cause to be paid to Ouray one thousand dollars, as the first installment due him annually, so long as he shall be chief of said Ute Indians; and there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, one thousand dollars for that purpose. [April 29, 1874.]
AN ACT FOR THE RELIEF OF SETTLERS ON THE CHEROKEE STRIP IN KANSAS.
April 29, 1874. 18 Stat. L., 41.
Time of making proof of settlement, &c., for Cher-
Cherokee lands ex
Rights not forfeited.
Time of making Be it enacted, &c., That all persons who, by the provisions of the proof of settle- second section of the act entitled "An act to carry out certain proment, &c., for visions of the Cherokee treaty of eighteen hundred and sixty-six, and tended to Jan. 1, for the relief of settlers on the Cherokee lands in the State of Kansas," approved May eleventh, eighteen hundred and seventy-two, who have become entitled at any time to enter and purchase any portion of the lands mentioned in said act, but who have failed to make proof of settlement, entry, and payment within the times provided by said act, shall have and be allowed additional time within which to make such proof of settlement, entry, and payment to the first day of January, eighteen hundred and seventy-five;
1872, ch. 157, § (17 S. L., 98).
Treaty (14 S. L.,
Rights not forfeited.
Interest to be paid.
And no forfeiture of any rights of such persons shall be had or have effect by reason of failure heretofore to make such proof of settlement, entry, and payment within the time provided by said act, anything in the said act to the contrary notwithstanding;
And all persons availing themselves of the provisions of this act shall, at the time of entry and payment, pay interest on the purchase money of their lands at the rate of five per centum per annum from the time at which such payments should have been made by the terms of the aforesaid act to the time that payment shall be made. [April 29, 1874.]
Collectors of cns
AN ACT TO AMEND THE ACT ENTITLED "AN ACT TO REGULATE THE CARRIAGE OF
EIGHTEEN HUNDRED AND FIFTY-FIVE.
Collectors of customs to make returns to Secretary of Treasury of lists of passengers arriving in vessels.
Be it enacted, &c., That the thirteenth section (1) of the act entitled toms to make re- "An act to regulate the carriage of passengers in steamships and other turns to Secretary vessels," approved March third, eighteen hundred and fifty-five, be, and of Treasury of lists of passengers ar- the same is hereby, repealed; and that hereafter each and every colriving in vessels. lector of customs to whom shall be delivered the manifests or lists of R.S., § 208, par.6. passengers prescribed by the twelfth section of the act aforesaid, apR. S., $$ 4266, proved March third, eighteen hundred and fifty-five, shall make returns
from such manifests or lists of passengers to the Secretary of the Treasury of the United States, in such manner as shall be prescribed by that officer, under whose direction statements of the same shall be prepared and published. [May 7, 1874.]
NOTE-(1) Section thirteen of the act of 1855, ch. 213 (10 Stat. L., 719), here referred to, is incorporated into the Revised Statutes, where it constitutes section 4267 and the sixth paragraph of section 208, which seem to be superseded or repealed by this act.
May 8, 1874.
18 Stat. L., 43.
AN ACT TO AMEND THE THIRTY-FIRST SECTION (1) OF AN ACT ENTITLED AN ACT FOR ENROLLING AND CALLING OUT THE NATIONAL MILITIA, AND FOR OTHER PURPOSES," APPROVED MARCH THIRD, EIGHTEEN HUNDRED AND SIXTY-THREE. Army officers on duty west of Omaha may have certain leaves of absence without deduction of pay. Be it enacted, &c., That all officers on duty at any point west of a Army officers on line drawn north and south through Omaha City, and north of a line duty west of Omadrawn east and west upon the southern boundary of Arizona, shall be ha may have cerallowed sixty days' leave of absence without deduction of pay or allow- tain leaves of ab
Provided, That the same is taken but once in two years:
sence without deduction of pay.
R. S., § 1265. 1876, July 29, ch.
And provided further, That the leave of absence may be extended to three months if taken once only in three years; or four months, if taken 239. once only in four years. [May 8, 1874.]
NOTE.-(1) Section thirty-one of the act of 1863, ch. 75 (12 Stat. L., 736), here referred to, is incorporated into Revised Statutes in section 1265, noted in the margin.
AN ACT PROVIDING FOR THE PAYMENT OF THE BONDS OF THE LOUISVILLE AND
1. Louisville and Portland Canal; appropriation to pay debts of, made permanent. -bonds of, may be purchased by Secretary of Treasury.
2. Secretary of War to take possession of canal. Secretary of Treasury to pay directors for their stock, to have accounts examined, and to collect debts due company.
-to give notice that debts of company be presented.
Secretary of Treasury to audit and allow
-not to pay city or State taxes.
3. Canal to be free of toll, except, &c.
Secretary of War to provide for management
4. Trustees in mortgage to secure bondholders;
May 11, 1874.
18 Stat. L., 43.
Be it enacted, &c. [SECTION 1], That the appropriations made by the act approved Portland Canal, March third, eighteen hundred and seventy-three, entitled (1) "An act pay debts of, made appropriation to making appropriations for the repair, preservation, and completion of permanent. certain public works on rivers and harbors, and for other purposes," for 1873, ch. 233 (17 the payment of the debts of the Louisville and Portland Canal Com- S. L., 563). pany, are hereby continued in full force, and are made permanently applicable to the payment of the debts of the said Louisville and Portland Canal Company; and so much as may be necessary shall be applied to the payment of the interest as it accrues, and the principal of the outstanding bonds of said company as they mature:
Provided, however, That the Secretary of the Treasury may purchase and pay for any of said bonds, at the market price, not above par, whenever he deems it for the interest of the United States.
SEC. 2. That after thirty days from the passage of this act the Secretary of War is hereby authorized and directed to take possession of the said Louisville and Portland Canal, and all the property, real and personal, of said company, as the property of the United States, as provided for by the act of the general assembly of the State of Kentucky, approved February twenty-second, eighteen hundred and forty-four, entitled "An act to amend an act entitled 'An act to amend the charter of the Louisville and Portland Canal Company,' approved January twenty-first, eighteen hundred and forty-two," conceding jurisdiction over said canal to the United States, subject however, to the mortgagelien on said property in favor of the trustees under said mortgage and the holders of the bonds issued under it;
And the Secretary of the Treasury is hereby authorized to pay the
NOTE.-(1) The act of 1873, ch. 233 (17 Stat. L., 563), here referred to, authorized the Secretary of the Treasury to assume control of the canal, as the provision now stands in Revised Statutes, § 5255, and provided that the sum of money necessary to enable the Secretary of the Treasury to carry this pro vision into effect is hereby appropriated."
R. S., § 5255.
- bonds of, may be purchased by Secretary of Treasury.
Secretary of War to take possession
R. S., § 5255.
Secretary of Treasury to pay di
rectors for their directors of said company for the stock held by them, which payment stock, to have ac- shall be made forthwith by the Secretary of the Treasury, being the sum counts examined; of one hundred dollars to each director, with interest thereon at six per centum per annum since the ninth day of February, eighteen hundred and sixty-four; and he is authorized and directed to cause a careful and full examination of all the receipts and disbursements of the said company to be made, and to collect, and, if necessary, to sue for, any money due to or held for the said company by the directors of said company, or the trustees under said mortgage, or by any person whatever.
and to collect debts due company.
Secretary of Treasury to give
notice that debts of company be presented by July 1, 1875, &c.
And said Secretary of the Treasury is hereby directed and empow ered, immediately upon the passage of this act to give public notice in such manner as, in his judgment, will best effect the purpose, to all persons and corporations having debts of any nature against said Louisville and Portland Canal Company, except the bonded debt thereof, to present them to him on or before the first day of July, eighteen hundred and seventy five; and any such debt not presented on or before said day shall be forever barred.
And said Secretary is hereby directed and authorized to examine, audit, and, in his discretion, allow such debts, or any of them, being hereby vested with any power necessary to that end; and he shall embrace his action in the premises in his succeeding annual report:
Provided, however, That no sum of money shall be paid by the Secretary of the Treasury on account of any claim for either city or State taxes assessed, or to be hereafter assessed, against said company, or against the said canal property, or any of its appendages.
SEC. 3. That the said canal and property appertaining thereto shall be held for the common use and benefit of the people of the United States, free of all tolls and charges except such as are necessary to pay the current expenses of said canal, and to keep the same in repair; and for the present year they shall be at the rate of ten cents per ton capacity on vessels propelled by steam and five cents per ton on other vessels;
And to ascertain what rates will pay current expenses after the present year, the Secretary of War shall, on the first Monday of January of each year, ascertain from the expenses of the previous year what tolls will probably pay the expenses of the current year; and he shall fix and declare the rate of tolls thus ascertained to be charged for the current year;
And, until otherwise provided by law, the Secretary of War shall provide for the superintendence, management, and repair of said canal, and may apply the tolls so received, as far as may be necessary, the current expenses of said canal; and he shall, in his next annual report, set forth such receipts and expenditures and the condition of said canal with a view to such legislation as may be necessary for the superintendence and management thereof; but no expenditure nor contract for expenditure of money shall be made under the authority of this section in any one year to an amount greater than the amount which may be received during such year from tolls on said canal.
SEC. 4. That if at any time it become necessary to enforce the lien of the mortgage upon said canal property for the benefit of the bondholders, it shall be lawful for the trustees named in said mortgage, or any other trustees who may be appointed in pursuance of the laws of Kentucky, to commence proceedings therein in any court having jurisdiction thereof, with notice to the United States as terre tenant pro forma, and serve process upon any officer of the United States who shall have the superintendence of said canal, whose duty it shall be to notify the Attorney-General of the United States of such service;
Whereupon said Attorney-General shall enter an appearance in said case, and take all necessary steps to represent and defend the interests of the United States in such proceedings, so that the same may be conducted in the same manner and with the like effect as if the said Louisville and Portland Company were still in existence as a corporation. [May 11, 1874.]