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LAWS AND TREATIES
COMPILED TO MARCH 4, 1927
COMPILED, ANNOTATED, AND EDITED
CHARLES J. KAPPLER, LL. M.
OF THE BAR OF THE DISTRICT
SENATE RESOLUTION NO. 57, 69th CONGRESS.
SUBMITTED BY MR. HARRELD.
IN THE SENATE OF THE UNITED STATES,
Resolved, That the Committee on Indian Affairs is hereby authorized to have prepared for the use of the Senate a compilation of the laws, agreements, Executive orders, proclamations, and so forth, relating to Indian affairs passed and proclaimed since December 1, 1913, to be known as Laws and Treaties Relating to Indian Affairs, volume 4, the cost of preparation thereof not to exceed $2,000. Attest:
SUBMITTED BY MR. FRAZIER AND REPORTED BY MR. BINGHAM.
IN THE SENATE OF THE UNITED STATES,
Resolved, That the manuscript of the laws, agreements, Executive orders, proclamations, and so forth, relating to Indian aflairs, prepared under Senate Resolution 57, Sixty-ninth Congress, first session, be printed as a Senate document, and that fifty additional copies be printed for the use of the Indian Office and Indian agencies. Attest:
Resolved, That the manuscript of the laws, agreements, Executive orders, proclamations, and so forth, relating to Indian affairs, prepared under Senate Resolution 57, Sixty-ninth Congress, first session, be printed as a Senate document, together with such additional laws as were enacted or promulgated during the Sixty-ninth Congress, and that fifty additional copies be printed for the use of the Indian Office and Indian agencies.
Doctrine of Indian right of occupancy and possession of land.
In compliance with the resolution adopted by the Sixty-ninth Congress I submit Volume IV of the Compilation of Indian Laws and Treaties. Volumes I and II of the Compilation, bringing laws and treaties down to 1902, were published in that year, and later a second edition was issued. Volume III was published in 1913, bringing the laws down to that date. Volume IV embraces all laws relating to Indian affairs passed by Congress from December, 1913, to the end of the Sixtyninth Congress, March 4, 1927. During that period of 14 years a large amount of Indian legislation of considerable importance was enacted; many Executive orders, proclamations, etc., covering Indian lands and reservations have been issued, and a number of unratified treaties with Indians in whose behalf legislation has been enacted or is pending in Congress and which treaties have a bearing on such acts of Congress or pending legislation, are included in this volume, together with the latest statement of trust funds standing to the credit of the several tribes of Indians in the Treasury of the United States.
All laws passed by Congress since 1913 relating to Indians which have been before the Supreme Court of the United States, the Federal and State courts, the Court of Claims, the Departments of Justice and the Interior, and the Comptroller General for consideration or adjudication have appended thereto in this volume citations to such decisions. In addition, through the courtesy of Senator Frazier, chairman of the Senate Committee on Indian Affairs, the consent of the West Publishing Co. and the Edward Thompson Co., publishers of the United States Code, Annotated, was obtained to reprint in this volume their Title 25-Indians, which Title embraces all general laws governing Indians with extended annotations, historical notes, and court citations covering the several sections of Title 25 of a most instructive and valuable nature.
There is also included in this volume a list of all treaties made with the Indians from 1778 to 1868 which have been before the Supreme Court of the United States for adjudication, and citation to opinions noted. There are further included in Volume IV the famous Northwest Ordinance of July 13, 1787, on the rights of Indians; a historical Statement of the Fort Laramie Treaty of September 17, 1851, and its Force and Effect; an article entitled "Power of Congress to Abrogate Índian Treaties"; a memorandum on Federal Jurisdiction over Indian Lands, Allotments, Alienation, and the Determination of Heirs of Deceased Indians, and an article entitled "Doctrine of Indian Right of Occupancy and Possession of Land," supported by authorities, which papers will undoubtedly prove as serviceable and as ready a reference to Senators and Representatives on these important subjects as was the article appearing in Volume III, page 692, entitled "Power of the President to Set Aside by Proclamation or Executive Order Public Lands for Indian Reservations." (See Congressional Record, June 8, 1926, p. 10897.) With a liberal and methodical index and marginal references to acts and treaties citing where same can be found. in the Compilation, an examination of any question concerning legislation for the Indians can be conveniently and expeditiously made. As many Indian acts of Congress are known by the name of their authors, the index refers to such acts under the name by which they are known and cited.
In order to have the index of the previous three volumes of the Compilation conveniently at hand, there has been included at the end of this volume the index to volume I, volume II, and volume III.
It is believed that an examination of Volume IV will show that neither time nor painstaking care has been spared in order to prepare a volume of service and merit.
The Compilation of Indian Laws and Treaties has become authoritative, being used and cited by the highest courts in the United States, both Federal and State, the Committees of Congress, the Comptroller General, and the Departments of the Government; and the compiler takes pride in its success.