INDIAN LANDS Cross references: See "Abandoned Military Reservations," p. 9; "Alaska," p. 17; "Carey Act," pp. 82, 85; 'Drainage," p. 124; subtitles "Agricultural Entries on Coal Lands," p. 185, and “Free Homestead Act," p. 189, under "Homesteads"; "Isolated Tracts," pp. 298, 299; subtitle "Ceded Indian Lands" under "Mineral Lands," p. 323; "Preemptions," p. 395; subtitle "Indian Occupants on Railroad Lands in Arizona, New Mexico, and California," under "Railroad Grants," p. 475; "Sales of Public Lands," p. 634; subtitle School Land Grants," under "State Grants," pp. 656, 677; "Town Sites," pp. 728, 731, 738; "Water Power," pp. 759, 772; "Withdrawals and Restorations," p. 774. 66 ACQUISITION OF INDIAN LANDS BY THE UNITED STATES treaties with In SEC. 2079, R. S. No Indian nation or tribe within the No future territory of the United States shall be acknowledged or dian tribes. recognized as an independent nation, tribe, or power with Mar. 3, 1871, ch. whom the United States may contract by treaty; but no 120, sec. 1, VoL obligation of any treaty lawfully made and ratified with any such Indian nation or tribe prior to March third, eighteen hundred and seventy-one, shall be hereby invalidated or impaired. (U. S. C., title 25, sec. 71.) * 16, p. 566. grants from In SEC. 2116, R. S. No purchase, grant, lease, or other Purchases or conveyance of lands, or of any title or claim thereto, dians. from any Indian nation or tribe of Indians, shall be of June 30, 1884, 4 any validity in law or equity, unless the same be made S. 730. by treaty or convention entered into pursuant to the Constitution. Every person who, not being employed under the authority of the United States, attempts to negotiate such treaty or convention, directly or indirectly, or to treat with any such nation or tribe of Indians for the title or purchase of any lands by them held or claimed, is liable to a penalty of one thousand dollars. The agent of any State who may be present at any treaty held with Indians under the authority of the United States, in the presence and with the approbation of the commissioner of the United States appointed to hold the same, may, however, propose to, and adjust with, the Indians the compensation to be made for their claim to lands within such State, which shall be extinguished by treaty. (U. S. C., title 25, sec. 177.) Extract from the Indian appropriation Act approved March 3, 1901 (31 Stat. 1058, 1077) ̧ That the Secretary of the Interior be, and he is hereby, Secretary of Inauthorized, in his discretion, to negotiate, through any tiate with InUnited States Indian inspector, agreements with any of lands. dians for cession No new reserva- New Mexico and action of Congress Driving stock to feed on Indian lands. Ibid. Settling on or surveying lands Ibid. Indians for the cession to the United States of portions of their respective reservations or surplus unallotted lands, any agreements thus negotiated to be subject to subsequent ratification by Congress. (U. S. C., title 25, sec. 424.) LIMITATION ON NEW RESERVATIONS Cross reference: See act of June 30, 1919 (41 Stat. 3, 34), under "Withdrawals,” p. 774. Extract from the Indian appropriation act approved May 25, 1918 (40 Stat. 561, 570) That hereafter no Indian reservation shall be created, nor shall any additions be made to one heretofore created, within the limits of the States of New Mexico and Arizona, except by Act of Congress. (U. S. C., title 25, sec. 211.) PROTECTION OF INDIANS AND INDIAN LANDS SEC. 2117, R. S. Every person who drives or otherwise conveys any stock of horses, mules, or cattle, to range and feed on any land belonging to any Indian or Indian tribe, without the consent of such tribe, is liable to a penalty of one dollar for each animal of such stock. (U. S. C., title 25, sec. 179.) SEC. 2118, R. S. Every person who makes a settlement on any lands belonging, secured, or granted by treaty dians, by treaty with the United States to any Indian tribe, or surveys or attempts to survey such lands, or to designate any of the boundaries by marking trees, or otherwise, is liable to a penalty of one thousand dollars. The President may, moreover, take such measures and employ such military force as he may judge necessary to remove any such person from the lands. (U. S. C., title 25, sec. 180.) Protection of Indians desiring civilized life. S. 427. SEC. 2119, R. S. Whenever any Indian, being a member of any band or tribe with whom the Government has or June 14, 1862, 12 shall have entered into treaty stipulations, being desirous to adopt the habits of civilized life, has had a portion of the lands belonging to his tribe alloted to him in severalty, in pursuance of such treaty stipulations, the agent and superintendent of such tribe shall take such measures, not inconsistent with law, as may be necessary to protect such Indian in the quiet enjoyment of the lands so allotted to him. (U. S. C., title 25, sec. 185.) Indians trespassing upon Indians. Ibid. SEC. 2120, R. S. Whenever any person of Indian blood lands of civilized belonging to a band or tribe which receives or is entitled to receive annuities from the United States, and who has not adopted the habits and customs of civilized life, and received his lands in severalty by allotment, as mentioned in the preceding section, commits any trespass upon the lands or premises of any Indian who has so received his lands by allotment, the superintendent and agent of such band or tribe shall ascertain the damages resulting from such trespass, and the sum so ascertained shall be withheld from the payment next thereafter to be made, either to the band or tribe to which the party committing such trespass shall belong, as in the discretion of the superintendent he shall deem proper; and the sum so withheld shall, if the Secretary of the Interior approves, be paid over by the agent or superintendent to the party injured. (U. S. C., title 25, sec. 186.) Suspension of SEC. 2121, R. S. Whenever such trespasser as is mentioned in the preceding section is the chief or head-man chief for trespass. of a band or tribe, the superintendent of Indian affairs Ibid. in his district shall also suspend the trespasser from his office for three months, and shall during that time deprive him of all the benefits and emoluments connected therewith; but the chief or head-man may be sooner restored to his former standing if the superintendent shall so direct. (U. S. C., title 25, sec. 187.) recovered. June 30, 1834, 4 S. 733. SEC. 2124, R. S. All penalties which shall accrue under Penalties, how this Title shall be sued for and recovered in an action in the nature of an action of debt, in the name of the United States, before any court having jurisdiction of the same, in any State or Territory in which the defendant shall be arrested or found, the one-half to the use of the informer and the other half to the use of the United States, except when the prosecution shall be first instituted on behalf of the United States, in which case the whole shall be to their use. (U. S. C., title 25, sec. 201.) against goods. Ibid. SEC. 2125, R. S. When goods or other property shall Proceedings be seized for any violation of this Title, it shall be lawful for the person prosecuting on behalf of the United States to proceed against such goods, or other property, in the manner directed to be observed in the case of goods, wares, or merchandise brought into the United States in violation of the revenue laws. (U. S. C., title 25, sec. 193.) SEC. 2126, R. S. In all trials about the right of prop- Burden of proof. erty in which an Indian may be a party on one side, and Ibid. a white person on the other, the burden of proof shall rest upon the white person, whenever the Indian shall make out a presumption of title in himself from the fact of previous possession or ownership. (U. S. C., title 25, sec. 194.) Extract from the Indian appropriation Act, approved March 3, 1893 (27 Stat. 612, 631) of legal contests Indians. To enable the Secretary of the Interior, in his discre- Payment of costs tion, to pay the legal costs incurred by Indians in con- by or against tests initiated by or against them, to any entry, filing, or other claims, under the laws of Congress relating to public lands, for any sufficient cause affecting the legality or validity of the entry, filing, or claim, * * One-half fees. Accounts. Provided, That the fees to be paid by and on behalf of the Indian party in any case shall be one-half of the fees provided by law in such cases, and said fees shall be paid by the Commissioner of Indian Affairs, with the approval of the Secretary of the Interior, on an account stated by the proper land officers through the Commissioner of the General Land Office. In all States and Territories where there are reservations or allotted InDistrict attorneys dians the United States District Attorney shall represent them in all suits at law and in equity. (U. S. C., title 25, secs. 175, 178.) to represent Indians. Secretary of the substituted as party for Indian tribes in suits brought by States Court for school lands on Indian reservations. An Act Authorizing the Attorney General, upon the request of the Secretary of the Interior, to appear in suits brought by States relative to school lands Be it enacted by the Senate and House of Representatives of the United States of America in Congress Interior may be assembled, That in any suit heretofore or hereafter instituted in the Supreme Court of the United States to determine the right of a State to what are commonly in the Superme known as school lands within any Indian reservation or any Indian cession where an Indian tribe claims any right to or interest in the lands in controversy, or in the disposition thereof by the United States, the right of such State may be fully tested and determined without making the Indian tribe, or any portion thereof, a party to the suit if the Secretary of the Interior is made a party thereto; and the duty of representing and defending the right or interest of the Indian tribe, or any portion thereof, in the matter shall devolve upon the Attorney General upon the request of such Secretary. Timber depredations. Punishment for depredations on Indian lands. Approved, March 2, 1901 (31 Stat. 950, U. S. C., title 43, sec. 868). An Act To provide for determining the heirs of deceased Indians, for the diposition and sale of allotments of deceased Indians, for the leasing of allotments, and for other purposes SEC. 6. That section fifty of the Act entitled "An Act to codify, revise, and amend the penal laws of the United States," approved March fourth, nineteen hundred and nine (Thirty-fifth United States Statutes at Large, page one thousand and ninety-eight), is hereby amended so as to read: แ "SEC. 50. Whoever shall unlawfully cut, or aid in reservations or unlawfully cutting, or shall wantonly injure or destroy, or procure to be wantonly injured or destroyed, any tree, growing, standing, or being upon any land of the United States which, in pursuance of law, has been reserved or purchased by the United States for any public use, or upon any Indian reservation, or lands belonging to or occupied by any tribe of Indians under the authority of the United States, or any Indian allotment while the included. title to the same shall be held in trust by the Govern- Trust allotments ment, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both." (U. S. C., title 18, sec. 104.) That section fifty-three of said Act is hereby amended so as to read: ing fires on SEC. 53. Whoever shall build a fire in or near any Punishment for forest, timber, or other inflammable material upon the not extinguishpublic domain, or upon any Indian reservation, or lands reservation or Inbelonging to or occupied by any tribe of Indians under dian lands. the authority of the United States, or upon any Indian Trust allotments allotment while the title to the same shall be held in trust included. by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall before leaving said fire, totally extinguish the same; and whoever shall fail to do so shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both." (U. S. C., title 18, sec. 107.) reservations. S. 41. SEC. 2115, R. S. Whenever it becomes necessary to Survey of Indian survey any Indian or other reservations, or any lands, the same shall be surveyed under the direction and con- Apr. 8, 1864, 18 trol of the General Land Office, and as nearly as may be in conformity to the rules and regulations under which other public lands are surveyed. (U. S. C., title 25, sec. 176.) ALLOTMENT OF INDIAN LANDS 66 Cross references: See "Abandoned Military Reservations," p. 9; "Alaska," p. 18; subtitles "Citizenship," p. 252; Expenses of Sales, Leases, etc.," p. 267; "Irrigation," p. 268; "Lieu Selections," p. 255; "Mineral Leases on Allotted Lands," p. 257; “Protection of Indians and Indian Lands," p. 226, under this title. An Act To provide for the allotment of lands in severalty to Indians on the various reservations, and to extend the protection of the laws of the United States and the Territories over the Indians, and for other purposes 1 Be it enacted by the Senate and House of Representatives of the United States of America in Congress as sembled [as amended by sec. 17 of the Act of June 25, 1910, Allotments on 36 Stat. 855]2-That in all cases where any tribe or band reservations. of Indians has been or shall hereafter be located upon any reservation created for their use by treaty stipulation, Act of Congress, or executive order, the President shall 1 Provisions of the act of Feb. 8. 1887, extended to all lands purchased for Indians. See the act of Feb. 14, 1923 (42 Stat. 1246), p. 234. This section was previously amended by sec. 1 of the act of Feb. 28, 1891 (26 Stat. 794). |