The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1874-07-16
LAWS
OF THE
UNITED STATES
PASSED AT THE
FirstSessiOn Ofthe FOrty-Third Congress,
GENERAL NATURE No. PSI


AN ACT relative to private contracts agreements
made with Indians prior to May twenty first,
eighteen hundred and seventy-two.
Be it enacted by the Senate and House of Repre-
sentatioes Of tile United States Of AmeircG in Con-
greSS assembled, That hereafter it shall not be law
full for any United States officer, other person I'M
der its employ control, to recognize the binding
force legality, in any manner sustain or enforce,
counsel give any aid or assistance to sustain OF
enforce any contract agreement made by any per-
son or persons poraton, with any band tribe,
or nation of Indians, or individual Indian In
dans not citizen of the United States, entered
into prior to the date of the act of Congress entitled
IAN act regulating the mode of making private con-
tracts with Indians approved May twenty-frst,
eighteen hundred and seveDty-two, for the payment
or delivery OF any money or other thing OF value
in present prospective, for the granting or pro-
curing any privilege to him or her. or any other per
son persons. corporation, in consideration OF
services for, advancemens made to. said Indians
re atiye to their lands OF to any claim growing out
of in reference to annutes, instruments, or other
moneys, claims demand, or thing Under laws OF
treaties with the United States, official acts oil any
officer thereof or in any way connected WIN OF que
frCm the United States, unless such contract or
agreement was reduced to writing and duly signed
by the parties in interest thereto at the time
it was entered into and fully made known to the
parties at the time the contract signed,
and then not Until such original written contract
shall first have been presented to and examined by
the Secretary of the Interior and the Commissioner
of Indian Affairs and these facts by them severay
endorsed thereon, and copy of said contract and OF
any assignments that may have been made thereon
duly entered of record in the office OF the Commits
siOner of indian Affairs
SEC 2. That in addition thereto there shall also be
fled in said Commissioners Office, and retained
therein official papers, and be examined by said
Commissioner and Secretary, and that fact Endorsed
on them, the following statement of facts touching
each and all such contracts and agreements pre-
scented; winch statements shall be sworn to special
ly by all and severaly the person persons claim
ing interest in and seeking the Support and enforce
ment of such contract agreement, and not by
agent attorney: First that the writing presented
for examination and record, provided Tor III the
first section Of this act and purporting to be the
original contract or agreement, is in fact such, and
that it was entered into and reduced to writing at
tine date and for the purposes it purports to have
been made and executed secondly, such sworn state
shall give particularly the names OF the real par
ties in interest in the original contract agreement,
naming them il not named in the written contract or
agreement and if either of the contracting parties is
band, tribe, or nation of indians or corporation
firm the name of the person, officer agent con-
tracing in their behalf together with his authority
for so doing. shall be specially stated thirdly, par
ticular statement of all and singular the services
rendered or the thing things done under such con-
tract agreement prior TO said filing, with those
things to be done rendered, together with par
ticuar statement of any and all moneys paid or adj
vanced by either party under such contract agree
ment, giving in all the time, place, and real
value of services rendered, thing or things done,
or the kind and manner of payment, whether IN
money property, credits, up to the cate OF the
filing of the said sworn statement: fourthy, state
specifically whether the original contract or agree
ment had been submitted to any Secretary OF the
In, erior Commissioner of Indian Affairs, Superin-
tendent OF Indian Affairs Indian Agent, Commits
sioner other person having Otlcal control OF or
connection with Indian affairs, giving the time
when, place where, and person by name to whom
such submission was made, and whether by
said officer Endorsed not, or whether any such
officer was cognzant of such contract agreement
having been made though not submitted to him fol-
approval.
Indian Affairs is hereby empowered to require in
writing any additional facts or proofs that may be
necessary TO aid in determining the true character
of the contract agreement assignment thereof
SEC 4. That no such contract or agreement Shall
be recognized by any officer or employee of the
United States until the Secretary Of the Interior
SHALL after full consideration of any such contract
agreement, together with the proofs and papers in
this required to be fled and such the Secreta
ry of the Interior Commissioner of Indian Affairs
may require in addition thereto the Secretary Of
the Interior shall consider to be just and reasonable
demands: Pr0vided That the Secretary of the In
terror shall in all cases enter in writing, on such
original contract, the record in the office of the
Commissioner of Indian Affairs wherein such origin
al contract is recorded official statement, show
ing that the contract agreement and proofs have
been filed in accordance with the provisions of this
act and considered by him. and in his opinion said
| contract or agreement, or assignment thereof
are not exorbant and not fraudulent, and thai
| they are just, the same shall be valid.
But it, in the opinion of the Secretary of the In.
terror. such contract or agreement, or the assign
ment thereof, is fraudulent exorbitant, he shall
officially enter his rejection, in writing, upon the
record Of such contract agreement, and they shall
not be considered of binding force by any officer OF
| employee of the United States.
SEC. 5. That it is hereby made the duty of the
Secretary of the Interior to Investigation
to be made of all existing contracts agreements
within the purview of this act, now on file in his
Office of the office of the Commissioner of Indian
Affairs, or any other office or bureau under his con
troll and by special notice to the party parties il
interest compel in the of each such contract OF
| agreement so found file, the strictness o.
| official examination, and Endorsement record and
sworn statement of fact, is required by the
era provisions of this act: Pr Uided, That the in
| vesigaton of facts touching the character of any
contract or agreement contemplated by this act
| be made by commissioner appointed by the Presi.
dent for that purpose, who shall report all sucl
facts the Secretary of the Interior in writing.
| Approved, April 20, 1874.