clerks and deputy clerks of the United States courts in the Indian Territory under the provisions of the Act of February nineteenth, Vol. 32, p. 842. nineteen hundred and three, which, under the terms of said Act, is to be applied to the permanent school fund of the district, and all money which may hereafter come into his hands from the same source under said Act; and the Secretary of the Interior is hereby authorized to use said money in maintaining, strengthening, and enlarging the schools in the Indian Territory as provided for in this paragraph. For collection and transportation of pupils to and from Indian schools, Transportation, etc. and also for the transportation of Indian pupils from all the Indian schools and placing of them, with the consent of their parents, under the care and control of such suitable white families as may in all respects be qualified to give such pupils moral, industrial, and educational training, under arrangements in which their proper care, support, and education shall be in exchange for their labor, sixty thousand dollars. Supervision of ex Provisos. That all expenditure of money appropriated for school purposes in penditures: this Act shall be at all times under the supervision and direction of the Commissioner of Indian Affairs, and in all respects in conformity with such conditions, rules, and regulations as to the conduct and methods of instruction and expenditure of money as may be from time to time prescribed by him, subject to the supervision of the Secretary of the Interior: Provided, That not more than one hundred and sixty-seven dollars shall be expended for the annual support and education of any expense. one pupil in any school herein specifically provided for, except when, by reason of epidemic, accident, or other sufficient cause, the attendance is so reduced or cost of maintenance so high that a larger expenditure is absolutely necessary for the efficient operation of the school affected, when the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, may allow a larger per capita expenditure, such expenditure to continue only so long as the said necessity therefor shall exist: Provided further, That the total amount appropriated for the support of such school shall not be exceeded: Provided further, That the number of pupils in any school entitled to the per capita allowance hereby provided for shall be determined by taking the average enrollment for the entire fiscal year and not any fractional part thereof. Total for schools. of Determination per capita allowance. Purchase of supplies to be advertised. SEC. 2. That no purchase of supplies for which appropriations are herein made, exceeding in the aggregate five hundred dollars in value at any one time, shall be made without first giving at least three weeks' public notice by advertisement, except in case of exigency, when, in Exceptions. the discretion of the Secretary of the Interior, who shall make official record of the facts constituting the exigency, and shall report the same to Congress at its next session, he may direct that purchases may be made in open market in amount not exceeding three thousand dollars at any one purchase: Prorided, That supplies may be purchased, contracts let, and labor employed for the construction of artesian wells, ditches, and other works for irrigation, in the discretion of the Secretary of the Interior, without advertising as herein before provided: Provided further, That as far as practicable Indian labor shall be employed market, etc. and purchase in the open market made from Indians, under the direction of the Secretary of the Interior. Provisos. Use of surplus for subsistence deficien SEC. 3. That the Secretary of the Interior, under the direction of the President, may use any surplus that may remain in any of the said cies. appropriations herein made for the purchase of subsistence for the several Indian tribes, to an amount not exceeding twenty-five thousand dollars in the aggregate, to supply any subsistence deficiency that may occur: Provided, That any diversions which shall be made under authority of this section shall be reported in detail, and the reason Provisos. Report of diversions. cattle from subsistence supplies. therefor, to Congress, at the session of Congress next succeeding such Purchase of stock diversion: Provided further, That the Secretary of the Interior, under direction of the President, may use any sums appropriated in this Act for subsistence, and not absolutely necessary for that purpose, for the purchase of stock cattle for the benefit of the tribe for which such appropriation is made, and shall report to Congress, at its next session thereafter, an account of his action under this provision: Provided further, That funds appropriated to fulfill treaty obligations shall not be used. Treaty funds. Transfer of funds for employees, etc. Rejection of bids. chases. SEC. 4. That when not required for the purpose for which appropriated, the funds herein provided for the pay of specified employees at any agency may be used by the Secretary of the Interior for the pay of other employees at such agency, but no deficiency shall be thereby created; and, when necessary, specified employees may be detailed for other service when not required for the duty for which they were engaged; and that the several appropriations herein or heretofore made for millers, blacksmiths, engineers, carpenters, physicians. and other persons, and for various articles provided for by treaty stipulation for the several Indian tribes, may be diverted to other uses for the benefit of said tribes, respectively, within the discretion of the President, and with the consent of said tribes, expressed in the usual manner; and that he cause report to be made to Congress, at its next session thereafter, of his action under this provision. SEC. 5. That whenever after advertising for bids for supplies in accordance with sections three and four of this Act those received for any article contain conditions detrimental to the interests of the GorOpen market pur- ernment, they may be rejected, and the articles specified in such bids purchased in open market, at prices not to exceed those of the lowest bidder, and not to exceed the market price of the same, until such time as satisfactory bids can be obtained, for which immediate advertisement shall be made: Provided, That so much of the appropriations Amount for supplies herein made as may be required to pay for goods and supplies, for expenses incident to their purchase, and for transportation of the same, for the year ending June thirtieth, nineteen hundred and six, shall be immediately available, but no such goods or supplies shall be distributed or delivered to any of said Indians prior to July first, nineteen hundred and five. Proviso. immediately able. avail Agreement with Port Madison Reser ratified. SEC. 6. That the following agreement made and concluded on the vation Indians, Wash., twenty-eighth day of May, nineteen hundred and four, by James McLaughlin, United States Indian inspector, with the male adult Indians residing on the Port Madison Indian Reservation, in the State of Washington, is hereby accepted, ratified, and confirmed: Agreement. Lands ceded. Payment to Indians. This agreement made and entered into on the the twenty-eighth day of May, nineteen hundred and four, by and between James McLaughlin, United States Indian inspector, on the part of the United States, and the Indians belonging on the Port Madison Indian Reservation, in the State of Washington, witnesseth: ARTICLE I. The said Indians belonging on the Port Madison Indian Reservation, in the State of Washington, for the consideration hereinafter named, do hereby cede, grant, and relinquish to the United States all right, title, and interest which they may have in and to that portion of the unallotted lands of the said Port Madison Indian Reservation, in the State of Washington, described by legal subdivision of Government survey as lots four and five, in section twenty-one, township twenty-six north, range two east, Willamette meridian, containing forty-eight and seventy-five one-hundredths acres, more or less. ARTICLE II. In consideration of the lands ceded, granted, relinquished, and conveyed by Article I of this agreement, the United States stipulates and agrees to pay to the said Indians per capita in cash the sum of three thousand nine hundred dollars, share and share alike, to each man, woman, and child belonging on the said Port Madison Indian Reservation, within ninety days after the ratification of this agreement, and also to pay to certain of said Indians, within the said time limit, the sum of three thousand six hundred and twenty-eight dollars for certain personal improvements, and four hundred and sixty-six and seventy-five one-hundredths dollars to the treasurer of the Port Madison Indian Improvement Club for floating wharf, and three hundred and fifty-five dollars to the treasurer of the board of trustees of the Port Madison Indian Church, as listed in schedule of appraisement of said improvements upon lands ceded by Article I of this agreement, a copy of which schedule of appraisement is hereunto attached. And it is further agreed that the disposition of the sum of eight hundred and eighty-four dollars, the appraisement of the Government schoolhouse and farmer's dwelling, and two hundred dollars for cable anchorages of two telegraph companies, as per attached schedule, is discretionary with the Secretary of the Interior, and may be expended, in his discretion, in the erection of a day school building upon the remaining thirty-six acres unallotted subdivision of the Port Madison Indian Reservation, described as lot three, section twenty-one, township twenty-six north, range two east, Willamette meridian, which unallotted subdivision adjoins lot four of the tract ceded by Article I of this agreement. ARTICLE III. It is understood that nothing in this agreement shall be construed to deprive the said Indians of the Port Madison Indian Reservation of any benefits to which they are entitled under existing treaties or agreements not inconsistent with the provisions of this agreement. ARTICLE IV. This agreement shall take effect and be in force when signed by United States Indian Inspector James McLaughlin and by a majority of the male adult Indian parties hereto, and when accepted and ratified by the Congress of the United States. In witness whereof the said James McLaughlin, United States Indian inspector, on the part of the United States, and the male adult Indians belonging on the Port Madison Indian Reservation, in the State of Washington, have hereunto set their hands and seals at the Port Madison Subagency, Kitsap County, Washington, this twenty-eighth day of May, anno Domini nineteen hundred and four. Rights of Indians not impaired. Effect. Claf-wha George. Qu-dis-kid Big John. That Claf-wha George, Indian allottee numbered ten, of the Port Madison Indian Reservation, in the State of Washington, to whom a trust patent was issued on November fourth, eighteen hundred and eighty-six, for lot one, in section twenty-eight, township twenty-six north, range two east, of the Willamette meridian, together with other lands, is hereby authorized to sell and convey to the United States of America the said lot one, including improvements thereon. That Qu-dis-kid Big John, Indian allottee numbered eleven, of the Port Madison Indian Reservation, in the State of Washington, to whom a trust patent was issued on November fourth, eighteen hundred and eighty-six, for lot two, in section twenty-eight, township twenty-six north, range two east, of the Willamette meridian, together with other lands, is hereby authorized to sell and convey to the United States of America the said lot two, including improvements thereon. SEC. 7. For payment to the Kansas or Kaw Indians in settlement of their claims against the United States, as established by the award of the Kaw Commission, under the provisions of the Act of Congress of July first, nineteen hundred and two (Thirty-second Statutes at Large, page six hundred and thirty-six), one hundred and fifty-five thousand nine hundred and seventy-six dollars and eighty-eight cents, to be immediately available: Provided, That the amount herein appropriated Acceptance to be in is accepted by the said Kansas or Kaw Indians in full settlement for full. all claims of whatever nature which they may have or claim to have Kansas or Kaw Indians. Payment of award. Provisos. Attorney's fees. Indians. Advertising. Samuel J. Crawford. against the United States: Provided further, That the Secretary of the Interior be, and is hereby, authorized and directed to pay out of the above amount to Samuel J. Crawford, attorney of record for said Indians, an amount equal to ten per cent of said sum of one hundred and fifty-five thousand nine hundred and seventy-six dollars and eightyeight cents, in full for, services and expenses incident to the prosecuGeneral release from tion of the claims of said Indians: Provided, however, That no part of said sum shall be paid until said Indians, in general council lawfully convened for that purpose, shall execute and deliver to the United States a general release of all claims and demands of every name and nature against the United States: Provided further, That out of the amount of one hundred and fifty-five thousand nine hundred and seventy-six dollars and eighty-eight cents, for payment of the claim of the Kaw or Kansas Indians, the Secretary of the Interior is hereby authorized and directed to pay the accounts of the twenty-two newspapers, aggregating the sum of three thousand six hundred and ninetyfour dollars and seventy-six cents, set out in the report of the Secretary of the Interior, printed in House of Representatives Executive Document Numbered Sixty, Forty-seventh Congress, first session, at not exceeding the commercial rates at the time the service was rendered, for advertising under previous authority of the Department of the Interior the sale of Kansas trust and diminished reserve Indian lands in eighteen hundred and seventy-four and eighteen hundred and seventy-five. Southern Utes of Colorado. rights for irrigation. SEC. 8. That the Secretary of the Interior shall make an investigaPurchase of water tion as to the practicability of providing a water supply for irrigation purposes to be used on a portion of the reservation of the Southern Utes in Colorado, and he is authorized to contract for and to expend from the funds of said Southern Utes in the purchase of perpetual water rights sufficient to irrigate not exceeding ten thousand acres on the western part of the Southern Ute Reservation and for annual charges for maintenance of such water thereon such amount and upon such terms and conditions as to him may seem just and reasonable, not exceeding one hundred and fifty thousand dollars, for the purchase of such perpetual water rights and not exceeding a maximum of fifty cents per acre per annum for the maintenance of water upon the land to be irrigated: Provided, That after such an investigation be shall find all the essential conditions relative to the water supply and to the perpetuity of its availability for use upon said lands as will justify a contract for its perpetual use the contract for such water shall be for a specific number of inches: Provided, That the Secretary of the Interior, upon making all such contracts, shall require from the company, person, or persons entering into such contract a bond of indemnity, to be approved by him, for the faithful and continuous execution of such contract as provided therein. Provisos. Indemnity bond. SEC. 9. That section twelve, chapter fourteen hundred and ninetyfive, Statutes of the United States of America, entitled "An Act for the survey and allotment of lands now embraced within the limits of the Flathead Indian Reservation, in the State of Montana, and the sale and disposal of all surplus lands after allotment," be, and the same is hereby, amended so as to read as follows: "SEC. 12. That the President may reserve and except from said lands, not to exceed one thousand two hundred and eighty acres, for Catholic mission schools, church, and hospital and such other eleemosynary institutions as may now be maintained by the Catholic Church on said reservation, which lands are hereby granted to those religious organizations of the Catholic Church now occupying the same, known as the Society of Jesus, the Sisters of Charity of Providence, and the Ursuline Nuns, the said lands to be granted in the following amounts, namely: To the Society of Jesus, six hundred and forty acres; to the Sisters of Charity of Providence, three hundred and twenty acres, and to the Ursuline Nuns, three hundred and twenty acres, such lands to be reserved and granted for the uses indicated only so long as the same are maintained, used, and occupied by said organizations for the purposes indicated, except that forty acres of the six hundred and forty acres hereinbefore mentioned as granted to the Society of Jesus are hereby granted in fee simple to said Society of Jesus, its successors and assigns: And be it further provided, That the President shall Proviso. further reserve and except from said lands for the use of the University University of Monof Montana for biological station purposes one hundred and sixty acres, which land is hereby granted to the State of Montana for the use of the University of Montana. The governor of said State, with the approval of the Secretary of the Interior, is hereby authorized to locate said last-mentioned lands. "The President is also authorized to reserve lands upon the same conditions and for similar purposes for any other missionary or religious societies that may make application therefor within one year after the passage of this Act in such quantity as he may deem proper. The President may also reserve such of said lands as may be convenient or necessary for the occupation and maintenance of any and all agency buildings, substations, mills, and other governmental institutions now in use on said reservation, or which may be used or occupied by the Government of the United States." The President is also hereby authorized to reserve not to exceed five thousand acres of timber lands for the use of said Indians as a fuel supply, under such restrictions and regulations as may be prescribed by the Secretary of the Interior. Lands granted to tana. Land for other religious organizations. SEC. 10. For the construction of an irrigation system necessary for developing and furnishing a water supply for the irrigation of the of. lands of the Pima Indians in the vicinity of Sacaton on the Gila River Indian Reservation the sum of fifty thousand dollars to be expended under the direction of the Secretary of the Interior: Provided, That the total cost of the entire construction and installation of said irrigating system shall not exceed five hundred and forty thousand dollars: Provided further,. That when said irrigation system is in successful operation and the Indians have become self-supporting the cost of operating the said system shall be equitably apportioned upon the lands irrigated and to the annual charge shall be added an amount sufficient to pay back into the Treasury the cost of the work within thirty years, suitable deduction being made for the amounts received from disposal of lands which now form a part of the said reservation. SEC. 11. That townships twenty-two north of ranges one and two east of the Indian meridian, all in the Oto and Missouria Indian Reservation, shall be attached to and become a part of Noble County, Oklahoma Territory. Indian fuel supply. Pima Indians. Provisos. Reimbursement. Otoe and Missouria Indian Reservation. Part of, attached to Noble County, Okla. Territory courts. SEC. 12. That hereafter all appeals and writs of error shall be taken Appeals, etc., Indian from the United States courts in the Indian Territory to the United States court of appeals in the Indian Territory, and from the United States court of appeals in the Indian Territory to the United States circuit court of appeals for the eighth circuit in the same manner as is now provided for in cases taken by appeal or writ of error from the circuit courts of the United States to the circuit court of appeals of the United States for the eighth circuit. SEC. 13. That the Ottawa and Chippewa Indians of the State of Michigan are hereby authorized, within ninety days from the approval of this Act, to file a petition in the Court of Claims of the United States for the purpose of settling the question as to the ownership of the stocks, Government bonds, or moneys held in trust by the Government at the date of the treaty of July, eighteen hundred and fifty-five, between the Ottawa and Chippewa Indians and the United States Ottawa and Chippewa Indians, Mich. Suit to settle ownership of certain stocks, etc., of trust fund. |