The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1872-07-18
[GRNrRAL NAruRE--No. 73.]

GENERAL NArURE-No. 73]
AN ACT regulating the mode of making pri.
waite contracts with Indians.
Be il enacted By the Senate aud House Of Repre-.
gresS assembled, That hereafter no contract or
agreement of any kind shall be made by any
person with any tribe of Indians, or individual
Indian or Indians, OF q citizen o f the United
States for the payment or delivery of any mon
eyor other thing of value, in present or prospec
tive, or for the granting or procuring any priv.
lrge to him or her, or any other person persons
in consideration of services for said Indians rel
alive to their lands, or 10 any claims growing out
of, or in reference to, annnites, install menis or
other moneys, claims, demands, or thing, under
laws treaties with the United States or Off
cIal acts of any officers thereof or in any way
connected with or due from the United States
unless such contract or agreement be in wriing
after directed.
az, mt all contracts or agreements be-
tween ssch parties and for such purposes as
named in the first section of this act shall be in
writing, duplicate or copy of which shall be
delivered to each party thereto, hereinafter
provided All such contracts shall be executed
before a judge of a court of record and approved
in writing thereon by the Secretary OF the Inte-
rior and Commissioner of Indian Affairs. Such
contract or agreement shall contain the names of
all parties in interest, their residence and occupa
ton; but those made with a tribe by their tribal
authorities the scope of authority and their rea
son for exercising that authority shall be given
specifically. Such contracts or agreements Shall
state the time when and place where made, the
e,
thing or things to be done under it, and, If for
the collection of money, the basis of the claim,
the source from which it is to be collected, the
disposition to be made of it when collected the
amount rate per centum of the fee in all cases;
and if any contingent matter condition consti.
tntes a part of the contract agreement 1t
shall be specifically set forth: Provided
That all such contracts shall have fixed
limited time to run, and shall be invalid
unless so limited: And propided, That sucn con-
tracts shall not be assignable, in whole or in
part, unless the names of the assignees and their
residences and occupations he entered in writing
upon the contract, and the consent of the score
tarv of the Interior and the Commissioner of In
dian Affairs to such assignment be also indorsed
thereon; Andbe it further provided That the
judge before whom such contract or agreement is
executed shall certify officially the time when
and place where such contract or agreement was
executed, and that it was in his presence and
who are the interested parties thereto, as stated
to him at the time, the parties present making
the same; the source and extent of the allthori-
ty claimed at the time by the contracting parties
to make the contract or agreement, and whether
made in person or by agent or attorney of either
party or parties.
SEC. s. That no money shall be paid to any agent
or attorney by an officer of the United States I'M
der ans such contract or agreement other than the
fees due him for services rendered Hereunder:
but the moneys due the tribe, Indian, or Indians,
as the case may be, shall be paid by the
agents. to the party OF parties entitled
thereto: Provided, That no money or thing
shall be paid 10 any person for services under
such contract or agreement, until such person
shall have first filed with the Commissioner of
Indian Affairs a sworn statement showing each
particular act OF service under the contract Civ
ing date and fact in detail, and the Secretary of
the Interior and Commissioner of Indian Affair
shall determine therefrom whether in their
judgment, such contract agreement has been
complied with or fulfilled; if So the same NAV
be paid, and if not, it shall be paid in pronor-
ton to the services rendered under the contract.
Proutded, That all such contracts or agreement
hereafter made in violation of the proyiss
Ions OF this act hereby declared
null and void, and all money or other thing of
value paid to any person by any Indian or tribe
or any one else for or on his or their behalf on
account OF such services, in excess of the amount
approved by said Commissioner and Secretary
for such seryi es may be recovered by stlit i'm tbe
name of the United States in any eourt az the
United States, regardless of the amount i'm eon
troyersy, one half of which shall be paid To The
person suing for the same, and the other
half shal be paid into the treasury Of
the United States for The use of the Indian
or Tribe by or for whom 1t was paid and
the person so receiving said money
ana ms alders and abettors SHALL in addition to
the fo1ieitnre OF SAID sum. be subject to prosecu-
ton for msdemeanor in any court Of the limited
States, and on conviction, shall be fined not less
than one thousand dollars, and imprisoned not
less than 81 months and IL shall be the duty of
all district attorneys of the United Sta es 10
prosecute such cases when applied to to do so.
ana their failure and rel usal shall be ground for
their removal from office and any Indian agent
or othef per on in the employment of the United
Stiles VINO snail IN violation of the provisions of
thl> aci, ldVise, sanction, or In any way aid IN
the making OF such contracts OF aereements IN
making such payments as are here nrobibireS |
shall, In addition to the punishment herein i'm |