And by adding to the fifth express condition of said agreement after word "reaffirmed", the words following to wit: "This sum, together with the annuity of fifty thousand dollars herein before provided, may, in the discretion of Congress, at the end of twenty-five years, be capitalized, and the principal sum be paid to said Indians per capita in lieu of said annuities";

Addition to fifth clause.

agreement.

And provided also, That three-fourths of the adult male members of Members to sign said confederated bands shall agree to and sign said agreement, upon presentation of the same to them, in open council, in the manner hereinafter provided:

Indians not to be lands claimed in severalty.

Provided further, That nothing in this act contained, or in the agree ment herein set forth, or in the amendments herein proposed to said removed from agreement, shall be so construed as to compel any Ute Indian to remove from any lands that he or she claims in severalty.

Said agreement is in words and figures as follows, namely:

The chiefs and headmen of the confederated bands of the Utes now present in Washington, hereby promise and agree to procure the surrender, to the United States, for trial and punishment, if found guilty, of those members of their nation, not yet in the custody of the United States, who were implicated in the murder of United States Indian Agent N. C. Meeker and the murder of and outrages upon the employees at the White River Agency on the twenty-ninth day of September, eighteen hundred and seventy-nine, and in case they do not themselves succeed in apprehending the said parties, presumably guilty of the above-mentioned crime, that they will not in any manner obstruct, but faithfully aid, any officers of the United States, directed by the proper authorities, to apprehend such presumably guilty parties.

The said chiefs and headmen of the confederated bands of Utes also agree and promise to use their best endeavors with their people to procure their consent to cede to the United States all the territory of the present Ute Reservation in Colorado, except as hereinafter provided for their settlement.

The Southern Utes agree to remove to and settle upon the unoccupied agricultural lands on the La Plata River, in Colorado; and if there should not be a sufficiency of such lands on the La Plata River and in its vicinity in Colorado, then upon such other unoccupied agricultural lands as may be found on the La Plata River or in its vicinity in New Mexico.

The Uncompahgre Utes agree to remove to and settle upon agricultural lands on Grand River, near the mouth of the Gunnison River, in Colorado, if a sufficient quantity of agricultural land shall be found there, if not then upon such other unoccupied agricultural lands as may be found in that vicinity and in the Territory of Utah. The White River Utes agree to remove to and settle upon agricultural lands on the Uintah Reservation in Utah.

Allotments in severalty of said lands shall be made as follows:

To each head of a family one-quarter of a section, with an additional quantity of grazing land not exceeding one-quarter of a section."

To each single person over eighteen years of age one-eighth of a section, with an additional quantity of grazing land not exceeding one-eighth of a section.

To each orphan child under eighteen years of age one-eighth of a section, with an additional quantity of grazing land not exceeding one-eighth of a section; and to cach other person, under eighteen years, now living, or who may be born prior to said allotments, one-eighth of a section, with a like quantity of grazing land.

All allotments to be made with the advice of the commission hereinafter provided, upon the selection of the Indians, heads of families selecting for their minor children, and the agents making the allotment for each orphan child.

The said chiefs and headmen of the confederated bands of Utes further promise that they will not obstruct or in anywise interfere with travel upon any of the highways now open or hereafter to be opened by lawful authority in or upon any of the lands to be set apart for their use by virtue of this agreement.

Terms of agree

ment.

The said chiefs and headmen of the confederated bands of Utes promise to obtain Conditions. the consent of their people to the cession of the territory of their reservation as above on the following express conditions:

First. That the Government of the United States cause the lands so set apart to be First. properly surveyed and to be divided among the said Indians in severalty in the proportion herein before mentioned, and to issue patents in fee simple to them respectively therefor, so soon as the necessary laws are passed by Congress. The title to be acquired by the Indians shall not be subject to alienation, lease, or incumbrance, either by voluntary conveyance of the grantee or by the judgment, order, or decree of any court, or subject to taxation of any character, but shall be and remain inalienable and not subject to taxation for the period of twenty-five years, and until such time thereafter as the President of the United States may see fit to remove the restriction, which shall be incorporated in the patents when issued, and any contract made prior to the removal of such restriction shall be void.

Second. That so soon as the consent of the several tribes of the Ute Nation shall Second have beer obtained to the provisions of this agreement, the President of the United States shall cause to be distributed among them in cash the sum of sixty thousand dollars of annuities now due and provided for, and so much more as Congress may

penses.

appropriate for that purpose; and that a commission shall be sent to superintend the removal and settlement of the Utes, and to see that they are well provided with agricultural and pastoral lands sufficient for their future support, and upon such settlement being duly effected, that they are furnished with houses, wagons, agricultural implements, and stock cattle sufficient for their reasonable wants, and also such saw and grist mills as may be necessary to enable them to commence farming operations, and that the money to be appropriated by Congress for that purpose shall be apportioned among the different bands of Utes in the following manner: One-third to those who settle on the La Plata River and vicinity, one-half to those settling on Grand River and vicinity, and one-sixth to those settling on the Uintah Reservation.

Third. That in consideration of the cession of territory to be made by the said confederated bands of the Ute Nation, the United States, in addition to the annuities and sums for provisions and clothing stipulated and provided for in existing treaties and laws, agrees to set apart and hold, as a perpetual trust for the said Ute Indians, a sum of money, or its equivalent in bonds of the United States, which shall be sufficient to produce the sum of fifty thousand dollars per annum, which sum of fifty thousand dollars shall be distributed per capita to them annually forever.

Fourth. That as soon as the President of the United States may deem it necessary or expedient, the agencies for the Uncompahgres and Southern Utes be removed to and established at suitable points, to be hereafter selected, upon the lands to be set apart, and to aid in the support of the said Utes until such time as they shall be able to support themselves, and that in the mean time the United States Government will establish and maintain schools in the settlements of the Utes, and make all necessary provision for the education of their children.

Fifth. All provisions of the treaty of March second, eighteen hundred and sixtyeight, and the act of Congress approved April twenty-ninth, eighteen hundred and seventy-four, not altered by this agreement, shall continue in force, and the following words from article three of said act, namely, "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 bonds, which shall be sufficient to produce the sum of twenty-five thousand dollars per annum, which sum of twenty-five thousand dollars 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 forever", are hereby expressly reaffirmed.

Sixth. That the commissioners above mentioned shall ascertain what improvements have been made by any member or members of the Ute Nation upon any part of the reservation in Colorado to be ceded to the United States as above, and that payment in cash shall be made to the individuals having made and owning such improvements, upon a fair and liberal valuation of the same by the said commission, taking into consideration the labor bestowed upon the land.

Done at the city of Washington this sixth day of March, anno Domini eighteen hundred and eighty.

Signed

Commissioners SEC. 2. That the President of the United States be, and he is hereby, appointed; com- authorized and empowered to appoint, by and with the advice and conpensation, ex- sent of the Senate, five commissioners, who shall receive compensation for their services at the rate of ten dollars per diem while actually engaged, in addition to their actual traveling and other necessary expenses; and said commissioners shall, under such instructions as the Secretary of the Interior may give them, present said agreement to the confederated bands of the Ute Indians in open council for ratification, as provided in the first section of this act;

Clerk; his salary, bond, and duties.

And said commissioners shall have a clerk, at a salary of two hundred dollars per month, in addition to his actual traveling and other necessary expenses, and who shall give bond in an amount to be fixed by the Secretary of the Interior, and shall act also as disbursing-officer for said commissioners.

Improvement on And upon the ratification of said agreement by said tribe as herein lands surrendered provided, said commissioners shall, under the direction of the Secretary to be appraised. of the Interior, appraise the improvements belonging to said Ute Indians upon the lands surrendered by them as provided in said agreement, and report the same to the Secretary of the Interior for settlement.

Census of In

dians.

-particulars of.

It shall be their duty to take a careful census of said Indians, separating them under said census as follows:

First. Those known in the agreement above referred to as Southern Utes.

Second. Those known as Uncompahgre Utes.

Third. Those known as White River Utes.

Said census shall also show separately the name of each head of a family, and the number of persons in such family, distinguishing those

over eighteen years of age from those under eighteen years of age, and giving the names of each separately; also, said census shall show separately the orphan children in each of said classes of Utes described in the foregoing agreement, and they shall make an accurate register of the names, ages, occupations, and general condition of each of the above classes as aforesaid, specifying particularly the number and names of said Indians incapable by reason of orphanage, minority, or other disability of managing their own affairs,

Lands to be al

And they shall also select lands and allot them in severalty to said Indians, as herein provided, and superintend the removal, location, and lotted in severalty. settlement of the Indians thereon, and do and perform such other serv ices as the Secretary of the Interior may consider necessary for them to do in the execution of the provisions of this act.

Commissioners

And after the said commissioners shall have performed the duties specifically assigned to them by this act, and such other duties as the to make report. Secretary of the Interior may require of them, they shall make a full report of their proceedings to the Secretary of the Interior, which shall set forth, among other things, the name of each person to whom they may have apportioned and allotted lands as herein provided for, with the name and condition of such person, showing who, upon proofs, are considered incompetent to take charge of their property, either as orphans, minors, or for other causes; and shall also exhibit the quantity of land assigned to each person, with the metes and bounds of such allotments. And said commissioners shall make an accurate map of the whole sur-to make map vey and proceeding, showing the partition and division aforesaid, a copy of which map shall be filed with said report; and the Secretary of the Interior shall cause a copy to be filed in the General Land Office, and copies shall also be filed in the office of the surveyors-general of Utah, Colorado and New Mexico, and also in the office of the register and receiver of the land district in which such lands or any portion of them may be situate.

and

survey.

Said commissioners shall further report the total number of acres to report numallotted and set apart as provided by the foregoing agreement, the ber of acres allotamount of such land tillable without irrigation, the amount of irrigation ted, &c. required, and the probable cost thereof.

They shall also locate the agencies for the Southern Utes and the Uncompahgre Utes, shall furnish an estimate of the number of houses required, the cost of each, the number of school-houses required and the number of teachers, and the number of children of school age, and such other data as the Secretary of the Interior may require to enable him to make judicious expenditure of the money appropriated in section nine of this act;

to locate agencies, estimate cost of houses, schoolhouses, &c.

And said commissioners shall exercise direct supervision and control - to supervise exof all expenditures under this act during the time they remain in the penditures, render Ute country, under the general direction of the Secretary of the Inte- accounts, &c. rior; and they shall render a full and detailed account of such expendi

ture, with the vouchers therefor, as now provided by law.

Land to be sur

Allotments of

SEC. 3. That the Secretary of the Interior be, and he is hereby, authorized to cause to be surveyed, under the direction of said commissioners, veyed for settlea sufficient quantity of land in the vicinities named in said agreement, ment in severalty. to secure the settlement in severalty of said Indians as therein provided. And upon the completion of said survey and enumeration herein required, the said commissioners shall cause allotments of lands to be land in severalty. made to each and all of the said Indians, in quantity and character as set forth in the agreement above mentioned, and whenever the report and proceedings of said commissioners, as required by this act, are approved by the President of the United States, he shall cause patents to issue to each and every allottee for the lands so allotted, with the same conditions, restrictions and limitations mentioned therein as are provided in said agreement;

Lands released

And all the lands not so allotted, the title to which is, by the said agreement of the confederated bands of the Ute Indians, and this ac- to United States to

be sold.

Lands not sub

entry, but to be

ceptance by the United States, released and conveyed to the United States, shall be held and deemed to be public lands of the United States and subject to disposal under the laws providing for the disposal of the public lands, at the same price and on the same terms as other lands of like character, except as provided in this act:

Provided, That none of said lands, whether mineral or otherwise, shall ject to homestead be liable to entry and settlement under the provisions of the homestead sold for cash, &c.; law; but shall be subject to cash entry only in accordance with existing money how dis- law; and when sold the proceeds of said sale shall be first sacredly apposed of.

Subdivisions on

plied to reimbursing the United States for all sums paid out or set apart under this act by the government for the benefit of said Indians, and then to be applied in payment for the lands at one dollar and twentyfive cents per acre which may be ceded to them by the United States outside of their reservation, in pursuance of this agreement. And the remainder, if any, shall be deposited in the Treasury as now provided by law for the benefit of the said Indians, in the proportion herein before stated, and the interest thereon shall be distributed annually to them in the same manner as the funds provided for in this act:

Provided further, That the subdivisions upon which are located imwhich are im- provements to be appraised, as provided for in section two of this act, provements to be shall be offered to the highest bidder at public sale, after published sold at auction. notice of at least thirty days by the Secretary of the Interior, and the

Indians patenting allotments to have equal rights

of citizenship. R. S., § 1977.

-lands of; how not taxable.

Trust fund; in

each Indian annually.

same shall be absolutely reserved from occupation or claim until so sold. SEC. 4. That upon the completion of said allotments and the patenting of the lands to said allottees, each and every of the said Indians shall be subject to the provisions of section nineteen hundred and seventyseven of the Revised Statutes and to the laws, both civil and criminal, of the State or Territory in which they may reside, with the right to sue and be sued in the courts thereof:

Provided, That their lands and personal property shall not be subject to taxation or execution upon the judgment, order, or decree of any court obtained on any cause of action which may arise during the period named in the above recited agreement.

SEC. 5. That the Secretary of the Treasury shall, out of any moneys in terest to be paid the Treasury not otherwise appropriated, set apart, and hold as a perpetual trust-fund for said Ute Indians, an amount of money sufficient at four per centum to produce annually fifty thousand dollars, which interest shall be paid to them per capita in cash, annually, as provided in said agreement.

Salaries continued.

Distribution of

themselves for energy, &c.

SEC. 6. That all salaries paid to any member or members of the Ute tribe under existing treaty stipulations shall be continued for the term of ten years beyond the time fixed in said treaties.

And the sum of four thousand dollars per annum for the term of ten money to Indians years shall be distributed by the President at his discretion to such of who distinguish said Indians as distinguish themselves by good sense, energy, and perseverance in the pursuits of civilized life, and in the promotion of a good understanding between the Indians and the Government and people of the United States, and there is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, four thousand dollars as the first installment for such purpose.

Laws relating to Indians to apply. R. S., §§ 20392157.

SEC. 7. That the provisions of title twenty-eight of the Revised Statutes shall extend over and be applicable to every allotment of land provided for in the foregoing agreement, and to the administration of the affairs of said Indians, so far as said provisions can be made applicable thereto.

Springs in UnSEC. 8. That the hot springs located in what is known as "The Uncompahgre Valley compahgre Park", in the Uncompahgre Valley, and four square miles and four square of land surrounding said springs and within said valley, are hereby reserved, and withdrawn from settlement, occupancy, or sale, under the R. S., §§ 2474, laws of the United States, and dedicated and set apart for the benefit and enjoyment of the people; and, so far as practicable, the provisions

miles of land reserved, &c.

2475.

of sections twenty-four hundred and seventy-four and twenty-four hundred and seventy-five, of the Revised Statutes, are hereby made applicable to said tract.

SEC. 9. That for the purpose of carrying the provisions of this act into Appropriations. effect, the following sums, or so much thereof as may be necessary, be, and they are hereby, appropriated, out of any moneys in the Treasury not otherwise appropriated, to be expended under the direction of the Secretary of the Interior as follows, namely:

For the payment of the expenses of the commissioners herein provided, the sum of twenty-five thousand dollars.

For the cost of removal and settlement of the Utes, surveying their lands, building houses, establishing schools, building mills and agency buildings, purchasing stock, agricultural implements, and so forth, as provided in said agreement and in this act, the sum of three hundred and fifty thousand dollars.

For the sum to be paid to said Ute Indians, per capita, in addition to the sixty thousand dollars now due and provided for, the sum of fifteen thousand dollars.

For the payment of the appraised value of individual improvements as provided herein, the sum of twenty thousand dollars.

For the care and support of the Ute Indians in Colorado for the balance of the current fiscal year, the sum of twelve thousand dollars:

-

Provided, That with the exception of the appropriation for expenses when available. of the commissioners, the above appropriations shall become available only upon the ratification of said agreement by three-fourths of the male adult members of the Ute Indians as provided in this act, and the certification of such fact to the Secretary of the Treasury by the Secretary of the Interior.

SEC. 10. If the agreement as amended in this act is not ratified by Ratification. three-fourths of the adult male Indians of the Ute tribes within four months from the approval of this act the same shall cease to be of effect after that day.(1) June 15, 1880.]

NOTE (1) The agreement as amended by this act was ratified by three-fourths of the adult male
Indians of the Ute tribes within the time limited by this section.

CHAPTER 225.

AN ACT MAKING APPROPRIATIONS FOR THE LEGISLATIVE, EXECUTIVE, AND JUDICIAL
EXPENSES OF THE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE THIR-
TIETH, EIGHTEEN HUNDRED AND EIGHTY-ONE, AND FOR OTHER PURPOSES.

Par. 1. Rates of pay for folding books, pamphlets, Par. 3. Departments may rent buildings in Dis-
&c.
trict of Columbia, in certain cases.

Par. 2. Secretary of Treasury to report annually amount received for fines, penalties, &c., and how expended.

Be it enacted, &c.

*

[Par. 1.] And the following prices may be paid for folding books, pam- Rates of pay for phlets, speeches, and the Daily Record, namely: For quarto volumes, not folding, books, pamphlets, &c. exceeding one cent per volume; for octavo volumes, not exceeding one- 1876, Aug. 15, ch. half cent each per volume; for the Daily Record, not exceeding two dol- 287, § 1, par. 1. lars per thousand; and for speeches not exceeding one dollar per thousand.

[Par. 2.] And the Secretary of the Treasury shall make to Congress Secretary of each year * a statement giving the amount received under sec- Treasury to report tion thirty-six hundred and eighty-seven of the Revised Statutes, and received for fines, annually amount also a statement showing in detail how the money appropriated under penalties, &c., and said section has been expended. how expended. R. S., § 3687.