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coverers of coal, etc.

Preference to dis- filing said approved plat of survey: Provided, however, That any person who in good faith prior to the passage of this Act had discovered and opened, or located, a mine of coal or other mineral, shall have a preference right of purchase for ninety days from and after the official filing in the local land office of the approved plat of survey provided for by this section.

Agreement with San Carlos Reservation Indians.

AGREEMENT WITH THE INDIANS OF THE SAN CARLOS
INDIAN RESERVATION IN ARIZONA.

SEC. 10. Whereas Province McCormick, United States Indian inspector, did, on the twenty-fifth day of February, eighteen hundred and ninety-six, in accordance with the provisions of the Act of Congress of March second, eighteen hundred and ninety-five (Twenty-eighth Negotiation for ces Statutes at Large, page eight hundred and ninety-four), conclude an agreement with the Indians of the San Carlos Reservation, Arizona, for the cession and relinquishment to the United States of the lands of the reservation embracing the coal fields, which said agreement is in words and figures as follows (House Document Numbered Three hundred and twenty, Fifty-fourth Congress, first session), to wit:

sion of coal fields.

Vol. 28, p. 894.

Lands ceded.

Consideration.

This agreement, made on the twenty-fifth day of February, one thousand eight hundred and ninety-six, pursuant to an item in the Act of Congress making appropriations for current and contingent expenses and fulfilling treaty stipulations with Indian tribes for the fiscal year ending June 30, 1896, as follows: "The Secretary of the Interior is authorized to negotiate with the Indians on the San Carlos Reservation, Arizona, through an inspector, for the cession or relinquishment to the United States of the lands embracing the coal fields, and that any agreement made shall be submitted to Congress for its action," by Province McCormick, United States Indian inspector, on the part of the United States, and the Apache, Mohave, and Yuma Indians, residing on the San Carlos Indian Reservation, in the Territory of Arizona, by their chiefs, headmen, and members of said tribes, embracing a majority of all the male adult Indians occupying said reservation, witnesseth:

ARTICLE I.

That the said Indians do hereby cede, grant, and relinquish to the United States all right, title, and claim which they may have in and to all the land embraced within the following-described tract, now a part of the said San Carlos or White Mountain Indian Reservation, to wit: All the land lying south of a line, commencing at a point on the present eastern boundary of the said reservation, one mile south of Goodwin Spring; thence in a general direction west to the highest point on Mount Turnbull; thence in a westerly direction to a point on a line between the agency building proper and Stanley, or the Saddle butte, seven miles from said building in a southerly direction; thence in a westerly direction at longest possible tangents to the mouth of Hawk Canyon, not crossing said canyon; thence down the Gila River, following the south bank to a point where said Gila River crosses the present western boundary of the reservation.

ARTICLE II.

That in consideration of the lands ceded, relinquished, and conveyed, as aforesaid, the United States stipulates and agrees to place in the Treasury of the United States to the credit and for the sole benefit of the said Apache, Mohave, and Yuma Indians and to account therefor annually, to them through their agent, the net proceeds accruing from the disposal of such coal and mineral lands, lying within the ceded territory, under the laws applicable thereto; and that said money shall be paid to them in cash from time to time as the same shall become

available, pro rata, share and share alike to each man, woman, and child of the tribes now living upon and entitled to the privileges of the said reservation: Provided, That none of the money credited to said Indians under this agreement shall be subject to the payment of any claims, judgments, or demands against said Indians for damages or depredations, claimed to have been committed prior to the signing of this agreement.

ARTICLE III.

That for the purpose of segregating the ceded land from the diminished reservation the new boundary line described in article one of the agreement shall be properly surveyed and permanently marked in a plain and substantial manner by prominent and durable monuments; and that the cost of said survey shall be chargeable to and be paid out of the proceeds of said ceded lands.

ARTICLE IV.

Prior claims barred.

Survey, etc.

This agreement shall not take effect and be in force until ratified by Ratification. the Congress of the United States.

Dated and signed at San Carlos Agency, Arizona, on the twenty-fifth day of February, one thousand eight hundred and ninety-six.

PROVINCE MCCORMICK,
United States Indian Inspector.

The foregoing articles of agreement having been fully explained to us in open council, we, the undersigned chiefs, headmen, and members of the several bands of Apache, Mohave, and Yuma Indians, attached to and receiving rations at the San Carlos Agency, in the Territory of Arizona, do hereby consent and agree to all the stipulations therein contained.

Witness our hands and seals at San Carlos Agency, Arizona, this twenty-fifth day of February, one thousand eight hundred and ninetysix.

(Here follows six hundred and three signatures of the adult male Indians of the San Carlos Reservation.)

Witness:

ALBERT L. MYER,

Capt. Eleventh Infantry, Acting Indian Agent.
D. G. CHEESMAN,

Agency Clerk.

We hereby certify that the foregoing articles of agreement were carefully read and explained to the Indians, parties hereto, in open council, and were thoroughly understood by them before signing the same, and that the agreement was executed and signed by said Indians at the San Carlos Indian Agency, in Arizona Territory, on the twenty-fifth day of February, one thousand eight hundred and ninety-six.

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I certify that the records of this office show that the total number of males on this reservation over eighteen years of age, according to last census, was eleven hundred and thirteen, of whom thirty are scouts in the United States service and permanently absent, leaving ten hundred and eighty-three.

ALBERT L. MYER,

Captain Eleventh Infantry, Acting Indian Agent. SAN CARLOS AGENCY, ARIZ., February 25, 1896.

SAN CARLOS AGENCY, 'ARIZ.

February 25, 1896.

I certify that the records of this office show ten hundred and eightythree male adult Indians over eighteen years of age now residing on this entire reservation, and that the foregoing agreement has been duly signed by a majority thereof.

Therefore,

PROVINCE MCCORMICK, United States Indian Inspector.

Be it enacted by the Senate and House of Representatives of the United Agreement con- States of America in Congress assembled, That said agreement be, and the same hereby is, accepted, ratified, and confirmed.

firmed.

Survey of boundary.

Appropriation.

Proviso.

Reimbursement.

Lands open to mineral entry only.

The Secretary of the Interior shall cause the said boundary line (estimated length forty-five miles), as described in article three of the agreement quoted and made a part of this Act, to be surveyed, marked, and established, by permanent and durable monuments of stone, the same to be set at each mile and half-mile point and at the angles formed on said line, and set, marked, and witnessed in conformity with instructions to be furnished by said Secretary of the Interior relating thereto; the compensation to be allowed for executing said survey not to exceed the sum of forty dollars per mile, including the monuments.

There is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of one thousand eight hundred dollars, or so much thereof as may be necessary, to carry into effect the provisions of the preceding section, said amount to be immediately available: Provided, however, That from the proceeds of the sale of the lands ceded by said agreement there shall first be deducted an amount sufficient to reimburse the United States for the expenditure authorized by this section.

That upon the filing in the United States local land office for the district in which the lands surrendered by article one of the foregoing agreement are situated, of the approved plat or survey authorized by this section, the lands so surrendered shall be open to occupation, location, and purchase under the provisions of the mineral-land laws only, subject to the several articles of the foregoing agreement: Provided, No occupancy prior That the terms of this section shall not be construed to authorize occuto opening.

Provisos.

pancy of said lands for mining purposes prior to the date of filing said approved plat of survey: Provided, however, That any person who Preference to dis- in good faith prior to the passage of this Act had discovered and

coverers of coal. etc.

Benjamin J. Clardy.

lahoma lands.

opened, or located, a mine of coal or other mineral, shall have a preference right of purchase for ninety days from and after the official filing in the local land office of the approved plat of survey provided for by this section.

That the Secretary of the Interior is hereby directed to issue a patent Patent to issue, Ok in fee to Benjamin J. Clardy for all the land heretofore allotted to him in the Territory of Oklahoma, as a citizen Pottawatomie Indian, and all restrictions as to the sale, incumbrance, or taxation of said land is hereby removed.

Approved, June 10, 1896.

CHAP. 399.- An Act Making appropriations for the naval service for the fiscal year ending June thirtieth, eighteen hundred and ninety-seven, and for other purposes.

June 10, 1896.

priations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, Naval service approand they are hereby, appropriated, to be paid out of any money in the Treasury not otherwise appropriated, for the naval service of the Government for the year ending June thirtieth, eighteen hundred and ninetyseven, and for other purposes:

PAY OF THE NAVY.

Pay of the Navy.

Provisos.

Allotment of pay by officers permitted.

For the pay of officers on sea duty; officers on shore and other duty; officers on waiting orders; officers on the retired list; clerks to commandants of yards and stations; clerks to paymasters at yards and stations; general storekeepers; receiving ships and other vessels; extra pay to men reenlisting under honorable discharge; interest on deposits by men; pay of petty officers, seamen, landsmen, and boys, including men in the engineers' force and for the Coast Survey Service and Fish Commission, nine thousand two hundred and fifty men and seven hundred and fifty boys, at the pay prescribed by law; and the Secretary of the Navy is hereby authorized to enlist at any time after the passage of this Act as many additional men as in his discretion he may deem necessary, not to exceed one thousand, eight million one hundred thousand eight hundred and seventy-three dollars: Provided, That the Secretary of the Navy be, and he is hereby, authorized to permit officers of the Navy and the Marine Corps to make allotments from their pay, under such regulations as he may prescribe, for the support of their families or relatives, for their own savings, or for other proper purposes, during such time as they may be absent at sea, on distant duty, or under other circumstances warranting such action: Provided further, That all officers who have been or may be appointed to any corps of the Navy pointed. or to the Marine Corps after service in a different corps of the Navy or of the Marine Corps shall have all the benefits of their previous service in the same manner as if said appointments were a reentry into the Navy or into the Marine Corps: Provided further, That such surgeons Surgeons. in the Navy not in line of promotion as may have been appointed to that position in accordance with a special act of Congress for meritorious services during yellow fever epidemics shall have all the benefits of their previous service in the same manner as if said appointments were a reentry into the Navy: And provided further, That hereafter no payment shall be made from appropriations made by Congress to any contractors. officer in the Navy or Marine Corps on the active or retired list while such officer is employed, after June thirtieth, eighteen hundred and ninety-seven, by any person or company furnishing naval supplies or war material to the Government; and such employment is hereby made Employment for bidunlawful after said date.

PAY, MISCELLaneous.

Benefit of previous service to officers reap

Payment forbidden to officers employed by

den.

For commissions and interest; transportation of funds; exchange; Miscellaneous. mileage to officers while traveling under orders in the United States, and for actual personal expenses of officers while traveling abroad under orders, and for traveling expenses of apothecaries, yeomen, and civilian employees, and for actual and necessary traveling expenses of naval cadets while proceeding from their homes to the Naval Academy for examination and appointment as cadets; for rent and furniture of buildings and offices not in navy yards; expenses of courts-martial, prisoners and prisons, and courts of inquiry, boards of inspection, examining boards, with clerks' and witnesses' fees, and traveling expenses and costs; stationery and recording; expenses of purchasingpaymasters' offices of the various cities, including clerks, furniture, fuel, stationery, and incidental expenses; newspapers and advertising; foreign postage; telegraphing, foreign and domestic; telephones; copy

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ing; care of library, including purchase of books, photographs, prints, manuscripts, and periodicals; ferriage, tolls, and express fees; costs of suits; commissions, warrants, diplomas, and discharges; relief of vessels in distress; canal tolls and pilotage; recovery of valuables from shipwrecks; quarantine expenses; reports; professional investigation; cost of special instruction, at home or abroad, in maintenance of students and attachés and information from abroad, and the collection and classification thereof, and other necessary incidental expenses, two hundred and sixty thousand dollars.

CONTINGENT, NAVY: For all emergencies and extraordinary expenses arising at home or abroad, but impossible to be anticipated or classified, exclusive of personal services in the Navy Department, or any of its subordinate bureaus or offices, at Washington, District of Columbia, seven thousand dollars.

BUREAU OF NAVIGATION.

GUNNERY EXERCISES: For prizes for excellence in gunnery exercises and target practice; diagrams and reports of target practice; for the establishment and maintenance of targets and ranges, for hiring estab lished ranges, and for transporting to and from ranges, six thousand dollars.

OCEAN AND LAKE SURVEYS: For ocean and lake surveys; the publication and care of the results thereof; the purchase of nautical books, charts, and sailing directions, and freight and express charges on same; preparing and engraving on copper plates the surveys of the Mexican coasts, and the publication of a series of charts of the coasts of Central and South America, fourteen thousand dollars.

BOUNTIES FOR OUTFITS FOR NAVAL APPRENTICES: For bounties for outfits of seven hundred and fifty naval apprentices, at forty-five dollars each, thirty-three thousand seven hundred and fifty dollars. RECRUITING, TRANSPORTATION, AND CONTINGENT, BUREAU OF NAVIGATION: For expenses of recruiting for the naval service; rent of rendezvous and expenses of maintaining the same; advertising for men and boys, and all other expenses attending the recruiting for the naval service, and for the transportation of enlisted men and boys at home and abroad; for heating apparatus for receiving and training ships, and extra expenses thereof; for freight, telegraphing on public business, postage on letters sent abroad, ferriage, ice, apprehension of deserters and stragglers, continuous-service certificates, discharges, good-conduct badges, and medals for boys, schoolbooks for training ships, packing boxes and materials, and other contingent expenses and emergencies arising under cognizance of the Bureau of Navigation, unforeseen, and impossible to classify, forty-five thousand dollars.

NAVAL STATION, NEWPORT, RHODE ISLAND: For maintenance of office of commandant; fuel, stationery, books, furniture, freight, and other contingent expenses, one thousand dollars.

NAVAL TRAINING STATION, COASTERS HARBOR ISLAND, RHODE ISLAND (FOR APPRENTICES): For dredging channels, repairs to main causeway, roads, and grounds, extending sea wall, and the employment of such labor as may be necessary for the proper care and preservation of the same; for repairs to wharf and sea wall; for repairs and improvements on buildings, heating, lighting, and furniture for same; books and stationery, freight and other contingent expenses; purchase of food and maintenance of live stock, and mail wagon, and attendance on same; and purchase of fresh water, thirty thousand dollars; installing water supply from city waterworks, two thousand five hundred dollars; in all, thirty-two thousand five hundred dollars, to be immediately available.

NAVAL WAR COLLEGE AND TORPEDO SCHOOL ON COASTERS HARBOR ISLAND, RHODE ISLAND: For maintenance of the Naval War College and Torpedo School on Coasters Harbor Island, and care of

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