Maximum com pensation of sur- 23. 1879, ch. 103. Bonds for sink tary of Treasury. 3697. preparation of an alphabetical index, under the direction of the Joint Committee on Printing, be and the same is hereby, repealed. SEC. 10. That section two thousand six hundred and eighty-eight of the Revised Statutes of the United States be amended by inserting at the end thereof as follows: "That hereafter the maximum compensation of each surveyor of customs, performing the duties of collectors of customs, shall be five thousand dollars a year, out of any and all fees and emoluments by him received." (5) SEC. 11. That the Secretary of the Treasury is hereby authorized, at ing fund may be such times as may be necessary, for the purpose of obtaining bonds for called in by Secre- the sinking-fund, in compliance with sections three thousand six hunR. S., § 3694- dred and ninety-four to three thousand six hundred and ninety-seven, inclusive, of the Revised Statutes of the United States, to give public 1879, Jan. 25, ch. notice that he will redeem, in coin, at par, any bonds of the United States, bearing interest at the rate of six per centum, of the kind known as five-twenties; and in three months after the date of such public notice, the interest on the bonds so selected and called for payment shall cease. 24. Volumes of SEC. 12. That it shall be the duty of the Commissioner of Patents to drawings, &c., furnish, free of cost, one copy of the bound volumes of specifications and published by Patent Office to be drawings of patents published by the Patent-Office, to each of the Exfurnished Depart- ecutive Departments of Government, upon the request of the head thereof. [March 3, 1875.] ments. R. S., §§ 481, 490. NOTE.-(5) This amendment is incorporated into the second edition of the Revised Statutes in § 2688. March 3, 1875. 18 Stat. L., 402. Subsistence CHAPTER 131. AN ACT MAKING APPROPRIATIONS TO SUPPLY DEFICIENCIES IN THE APPROPRIATIONS That so much of the appropriation for subsistence of the Army as stores for sale to may be necessary may be applied to the purchase of subsistence-stores Army officers may for sale to officers for the use of themselves and their families, and to be purchased from subsistence approcommanders of companies or other organizations, for the use of the enpriations. listed men of their companies or organizations, -proceeds of sale And the proceeds of all sales of subsistence-supplies shall hereafter of, not to be cov- be exempt from being covered into the Treasury and shall be immediR. S, 3618, ately available for the purchase of fresh supplies. 3672, 3692. ered into Treasury. eighths of one per * Commission for SEC. 4. That the provisions contained in the act approved disbursing money March third, eighteen hundred and sixty-nine, entitled "An act making in construction of appropriations to supply deficiencies in the appropriations for the servlimited to three ice of the Government for the fiscal year ending June thirtieth, eighteen hundred and sixty-nine, and for other purposes," (1) limiting the compensation to be allowed for the disbursement of moneys appropriated for the construction of any public building was intended and shall be deemed and held to limit the compensation to be allowed to any disbursing officer who disburses moneys appropriated for and expended in NOTES. (1) The provisions of the act of 1869, ch. 123 (15 Stat. L., 312), here referred to, are incorporated into the Revised Statutes in § 3654, noted in the margin. cent. R. S., § 3654. the construction of any public building as aforesaid to three-eighths of one per centum for said services. * Band at Military SECT. 9. That the military academy band, shall consist of one teacher of music, who shall be leader of the band, and may be a civilian, and of Academy; of what forty enlisted musicians of the band to consist. SEC. 10. That the teacher of music shall receive ninety dollars per pay of. - month, one ration, and the allowance of fuel of a second lieutenant of R. S., §§ 1278, the army; and that of the enlisted musicians of the band, ten shall each 1282, 1283. be paid thirty-four dollars per month: and the remaining thirty shall each be paid thirty dollars per month; and that the enlisted musicians of the band shall have the benefits as to pay, arising from re-enlistments and length of service, applicable to other enlisted men of the army. SEC. 12. That (2) section thirty-three hundred and nine of the Revised Tax on distilled Statutes be so amended that the word seventy, wherever it occurs in the spirits assessed by same, shall be stricken out and the word ninety be substituted therefor. 90 cents a gallon. Commissioner to be R. S., § 3309. 1875, March 3, ch. 127, § 1. * SECTION 14, That hereafter the commissions of all officers under the Commissions of direction of and control of the Secretary of the Interior shall be made officers under Secout and recorded in the Department of the Interior, and the seal of the to be made, &c., in retary of Interior said Department affixed thereto; any laws to the contray nothwithstand his Department, ing: Provided, That the said seal shall not be affixed to any such commission before the same shall have been signed by the President of the United States. And all commissions heretofore issued in conformity to the provisions (3) of the third section of the act of thirty-first of May eighteen hundred and fifty-four, and all official acts done by officers thus commissioned are hereby declared legal and valid. &c. R. S., § 437, 1794. Certain Indians entitled to benefit of homestead laws. R. S., § 2289 2317. SEC. 15. That any Indian born in the United States, who is the head of a family, or who has arrived at the age of twenty-one years, and who has abandoned, or may hereafter abandon, his tribal relations, shall, on making satisfactory proof of such abandonment, under rules to be prescribed by the Secretary of the Interior, be entitled to the (4) benefits of 1881, June 18, ch. the act entitled "An act to secure homesteads to actual settlers on the 23, §§ 2, 3. public domain," approved May twentieth, eighteen hundred and sixtytwo, and the acts amendatory thereof, except that the provisions of the eighth section of the said act shall not be held to apply to entries made under this act: not to alienate Provided, however, That the title to lands acquired by any Indian by virtue hereof shall not be subject to alienation or incumbrance, either same, &c. by voluntary conveyance or the judgment, decree, or order of any court, and shall be and remain inalienable for a period of five years from the date of the patent issued therefor: &c. Provided, That any such Indian shall be entitled to his distributive - interest of, in share of all annuities, tribal funds, lands, and other property, the same tribal property, as though he had maintained his tribal relations; and any transfer, alienation, or incumbrance of any interest he may hold or claim by reason of his former tribal relations shall be void. SEC. 16. That in all cases in which Indians have heretofore entered entries of homepublic lands under the homestead-law, and have proceeded in accord- stead by, heretoance with the regulations prescribed by the Commissioner of the Gen- fore made, coneral Land Office, or in which they may hereafter be allowed to so enter R. S., §§ 2289under said regulations prior to the promulgation of regulations to be 2317. NOTES.-(2) This amendment has been incorporated into the second edition of the Revised Statutes. (3) The section here referred to, 1854, ch. 60, 3 (10 Stat. L., 297), was the same as the first paragraph of this section, but was omitted from the Revised Statutes. (4) The provisions here referred to are incorporated into Revised Statutes in the sections noted in the margin. The eighth section of the act of 1862, ch. 75 (12 Stat. L., 392), here excepted, forms § 2301 of Revised Statutes. firmed. established by the Secretary of the Interior under the fifteenth section of this act, and in which the conditions prescribed by law have been or may be complied with, the entries so allowed are hereby confirmed, and patents shall be issued thereon; subject, however, to the restrictions and limitations contained in the fifteenth section of this act in regard to alienation and incumbrance. [March 3, 1875.] March 3, 1875. 18 Stat. L., 420. Three Indian in CHAPTER 132. AN ACT MAKING APPROPRIATIONS FOR THE CURRENT AND CONTINGENT EXPENSES OF Indians to be employed. Agent's oath to accounts. Increase of employés, how obtained. 6. Appropriations for Indian supplies to be so 7. Purchase of Indian supplies exceeding $1,000 Be it enacted, &c. * SECTION Copies of contracts for Indian service to be furnished Second Auditor. 8. Secretary of Interior to print and lay before Congress annually statement of expenditures of Indian appropriations, and statement of salaries, &c. Report of Commissioner of Indian Affairs, &c., to be laid before Congress on first day of session. 9. Bidders on account of Indian service in amounts exceeding $5,000 to accompany bids with certified checks, &c. 10. Sureties on Indian agents' bonds to file statement of property. Indian agents to keep books of expenditures, and forward transcripts to Commissioner. -punishment for failure to keep books, &c. That after the commencement of the next spectors only, and fiscal year there shall be but three inspectors; and that provision of law agencies need not be inspected twice requiring that each agency shall be visited and examined by one or more of the inspectors at least twice in each year is hereby repealed. a year. R. S., §§ 20432045. No payments to SEC. 2. That none of the appropriations herein made, or of any approIndians at war priations made for the Indian service, shall be paid to any band of Inwith United dians or any portion of any band while at war with the United States or with the white citizens of any of the States or Territories. Repetition of― SEC. 3. (1) States. R. S., § 2100. 1874, June 22, ch. 389, § 3. Agents to make SEC. 4. That hereafter, for the purpose of properly distributing the rolls of Indians en- supplies appropriated for the Indian service, it is hereby made the duty how to distribute of each agent in charge of Indians and having supplies to distribute, to supplies. make out, at the commencement of each fiscal year, rolls of the Indians entitled to supplies at the agency, with the names of the Indians and of the heads of families or lodges, with the number in each family or lodge, and to give out supplies to the heads of families, and not to the heads of tribes or bands, and not to give out supplies for a greater length of time than one week in advance. R. S., §§ 2058, 2086, 2087. -employés of; amount allowed for. R. S., §§ 2055, SEC. 5. That hereafter not more than six thousand dollars shall be paid in any one year for salaries or compensation of employees at any one agency, in addition to the salaries of the agent, and not more at any one agency than is absolutely necessary; And where Indians can perform the duties they shall be employed; and the number and kind of employees at each agency shall be prescribed by the Secretary of the Interior, and none others shall be employed. Indian agents shall be required to state, under oath, upon rendering NOTE. (1) This section is an exact repetition of section 3 of act of 1874, June 22, ch. 389, and as it is printed with that act in this volume it is deemed unnecessary to reprint it here. their quarterly accounts, that the employees claimed for were actually and bona fide employed at such agency, and at the compensation as claimed, and that such service was necessary; and that such agent is not to receive, and has not received, directly or indirectly, any part of the compensation claimed for any other employee: Provided, That when there is no officer authorized to administer oaths within convenient distance of such agent, the Secretary of the Interior may direct such returns to be made upon certificate of the agent: tained. And provided further, That in case it should be necessary, at any Increase of emagencies, to have more employees than provided for in this section, the ployés; how obSecretary may, by written order, authorize the increase necessary; but in no case shall the amount expended at any agency exceed ten thousand dollars in any one year; and the provision of this section_shall apply to the fiscal year ending June thirtieth, eighteen hundred and seventy-five. Appropriations SEC. 6. That hereafter, it shall be the duty of the Secretary of the Interior, and the officers charged by law with the distribution of sup. for Indian supplies plies to the Indians, under appropriations made by law, to distribute as to prevent defithem and pay them out to the Indians entitled to them, in such proper ciencies. proportions as that the amount of appropriation made for the current year shall not be expended before the end of such current year, so as to prevent deficiencies; And no expenditure shall be made or liability incurred on the part of the Government on account of the Indian service for any fiscal year (unless in compliance with existing law) beyond the amount of money previously appropriated for said service during such year. not to be exceeded in any year. R. S., § 3679. SEC. 7. That hereafter, no purchase of goods, supplies, or farming Purchases of Inimplements, or any other article whatsoever, the cost of which shall dian supplies exexceed one thousand dollars, shall be paid for from the money appropri- to be made withceeding $1,000 not ated by this act, unless the same shall have been previously advertised out advertisement, and contracted for as heretofore provided by law; and no payment of and no credits alany part of the money appropriated by this act, or heretofore appropri- lowed to officers without vouchers, ated, for the expenses of the Indian Department, shall be credited to &c. any Government officer until the proper vouchers therefor shall first R. S., §§ 2083, have been submitted to, examined, and authorized by the accounting 3709, officers of the Treasury. 1877, March 3, ch. 101. And provided further, That copies of all contracts made by the Com-Copies of conmissioner of Indian Affairs, or any other officer of the Government, for tracts for Indian the Indian service, shall be furnished to the Second Auditor of the service to be furTreasury before any payment shall be made thereon. nished Second Auditor. statement of items SEC. 8. That hereafter, the Secretary of the Interior cause to be preSecretary of Inpared and delivered to the Public Printer, on or before the first day of terior to print and November in each year, a tabular statement of the items paid out up to lay before Conthat date of the appropriations made for the Indian Department for the gress annually a fiscal year previously ending, each item being placed under the appro- of expenditure of priation from which it was paid, in such manner as to show the dispo- Indian appropriasition made of each appropriation and the amount unexpended of each; tions, statement of also an itemized statement of the salaries and incidental expenses paid salaries, &c. at each agency for the said year, and the appropriations out of which paid, and the number of Indians at each agency; and that the same be laid before Congress on the first day of the succeeding session; And that the report of the Commissioner of Indian Affairs, with the reports of agents, be printed and laid before Congress on the first day of the said session. sion. R. S., § 445. Commissioner of Indian Affairs to report to Congress on first day of sesR. S., §§ 468, 469. Bidders on ac service in amounts SEC. 9. That hereafter all bidders under any advertisement published by the Commissioner of Indian Affairs for proposals for goods, supplies, count of Indian transportation, and so forth, for and on account of the Indian service, whenever the value of the goods, supplies, and so forth, to be furnished, accompany bids or the transportation to be performed, shall exceed the sum of five thou- with certified sand dollars, shall accompany their bids with a certified check, or draft checks, &c. R. S., § 3709. payable to the order of the Commissioner of Indian Affairs, upon some 1874, June 22, ch. United States depository or some one of such solvent national banks as 389, § 6. the Secretary of the Interior may designate, which check or draft shall be five per centum on the amount of the goods, supplies, transportation, and so forth, as aforesaid; Sureties on In to file statement of And in case any such bidder, on being awarded a contract, shall fail to execute the same with good and sufficient sureties according to the terms on which such bid was made and accepted, such bidder shall forfeit the amount so deposited to the United States, and the same shall forthwith be paid into the Treasury of the United States; But if such contract shall be duly executed, as aforesaid, such draft or check so deposited shall be returned to the bidder. SEC. 10. That hereafter the security or securities, upon the bond redian agents' bond quired by the act of February twenty-seventh, eighteen hundred and fifty-one, (1) to be given by each Indian agent before entering upon the duties of his office, shall file a sworn statement with the Secretary of the Interior, setting forth the nature and kind of property owned by such security or securities, the value of the same, and where situated; and that no money appropriated by this act shall be paid to any Indian agent hereafter appointed until the security or securities shall have filed such statement. and forward tran Indian agents to Each Indian agent shall keep a book of itemized expenditures of every keep book of ex- kind, with a record of all contracts, together with the receipts of money penditures, &c., from all sources; and the books thus kept shall always be open to inscripts to Commis- spection; and the said books shall remain in the office at the respective reservations, not to be removed from said reservation by said agent, but shall be safely kept and handed over to his successor; and true transcripts of all entries of every character in said books shall be forwarded quarterly by each agent to the Commissioner of Indian Affairs: sioner. R. S., § 2058. -punishment for failing to keep books, &c. Provided, That should any agent knowingly make any false entry in said books, or in the transcripts directed to be forwarded to the Commissioner of Indian Affairs, or shall knowingly fail to keep a perfect entry in said books as herein prescribed, he shall be deemed guilty of a misdemeanor, and, on conviction before any United States court having jurisdiction of such offense, shall be fined in a sum not less than five hundred nor more than one thousand dollars, at the discretion of the court, and shall be rendered incompetent to hold said office of Indian agent after conviction under this act. [March 3, 1875.] NOTE. (1) The provision of the act of 1851, Feb. 27, ch. 14, § 6 (9 Stat. L, 587), is incorporated into § 2057 of the Revised Statutes. March 3, 1875. 18 Stat. L., 452. Actual traveling CHAPTER 133. AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE ARMY FOR THE FISCAL Par. 1.] That hereafter only actual travelling-expenses shall be alexpenses only to lowed to any person holding employment or appointment under the officers and employés, except United States, except marshals, district attorneys, and clerks of the marshals, district courts of the United States and their deputies; and all allowances for |