Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-07-10
IOFfICIAL.l
IoFFICIAL.l
LAWS OF THE UNITED STATES
Passsd ~ fhs Ffrsf Sessions OF fhs Rorfu.
third Con Ersss.
GENERAL NArURE-No. 25. J


GENERAL NATURR-No. 25l
AN ACT relstive TO private contracts or agree
ments made with Indians prior 10 May TWEEN
ty-nrst, eighteen hundred and seventy-two.
BE IL enacted By The Senate and House If Rspre-
seEdtireS Of The United States Of America tn Con-
greSS assembled, That hereafter il shall not
be lawful tor any United States officer, or other
person under its employ or control, to recognize
the binding force or legality, or in any manner
sustain or enforce or counsel, OF give any aid or
assistance TO sustain or enforce sny contract or
agreement made by any person or persons or
corporation, with any band, tribe, or nation OF
Indians, or individual Indian or Indians, not a
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
contracts with Indians, !" approved May twenty
first, eighteen hundred and seventy-two, for the
payment or delivery OF any money or other
thing of value, in present or prospective, or for
the granting or procuring any privilege TO him
or her, or any other person or persons, or corpo-
ration, in consideration OF services for, or adj
yancements made TO, said Indians relative 20
then lands, or to any claim growing out OF or in
reference 70 annuities, instruments, or other
moneys, claims, demand, or thing under laws
or treaties with the United States, or official
acts OF any officer thereof, or in any way con-
nected with or due from the United States,
unless such contract or agreement was reduced
TO writing and duly signed by the parties in in
terest thereto at the time II was entered into
and fully made known TO the parties at the time
the contract was signed, and then not until
such original written contract shall first have
been presented TO and examined by the Secre-
tsTy OF the Interior and the Commissioner OF
Indian Affairs, and these facts by them several
ly endorsed thereon, and q copy or said con-
tract and Of any assignments that may have
made thereon duly entered OF cord in the Of
flee OF the Commissioner or Indi An Affairs.
SIC. 2. That in addition thereto there shall
also be fled in said Commissioners ONCE, an
retained therein as official papers, and be exam
ined by said Commissioner and that fact in
dorsed on them, the following statement OF facts
touching each and all such contracts and agree
ments SO presented; which statements shall be
sworn TO specially BY all and severally the per-
sOns claiming interest in and seeking tue sup
port and enforcement of such contract or agree
IneDt, aid not by agent or attorney: Fust, that
the writing presented for examination and re-
cord, as provided for in the first section of this
act, and purporting TO be the original contract
or agreement, is in fact such, and that il was
entered into and reduced TO writing at the date
and Tor the purposes II purports TO have been
made and executed; secondly, such sworn state
nent shall give particularly the names of the
real parties in interest in the original contract
or agreement, naming them IL not named in the
written contract or agreement, and if either of
the contracting parties is a band, tribe, or ma
ton OF Indians, or corporation or firm, the
name Of the person, officer, or agent contract
ing in their behalf, together with his authority
for so doing, shall be specially stated; thirdly,
particular statement of ali and singular the
services rendered or the thing or things done un.
der such contract or agreement prior 70 said i'll
ing, with those things 20 be done rendered, to-
gether with particular statement Of any and all
moneys paid or advanced by either party under
such contract or agreement, giving in all cases
the time, place, and real value Of services rem
dered, or thing or things done, or the kind and
manner OF payment, whether in money, prop
erty, or credits, up to the date of the Hing OF
the said sworn statement; fourthly, state spe-
cifcslly whether the origina contract or agree
ment had been submitted TO any Secretary of
the Interior, Commissioner OF Indian Affairs
superintendent Of Indian affairs, Indian agent
commissioner, or other person having Official
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 or not, or
whether any such officer was cognizant OF such
contract or agreement having been made
though not submitted to him for approval.
SIC. 3. That the Secretary or Commissioner
OF Indian Affairs Is hereby empowered TO re-
quire, in writing, any additional facts or proofs
that may be necessary TO aid in deter mining the
true character OF the contract or agreement, or
SEC. 4. That no such contract or agreement
shall be recognized by any officer of employee OF
the United States until the Secretary OF the
Interior shall, after full consideration OF any
such contract or agreement, together with the
proofs and papers IN this act req ured to be filed,
and such as the Secretary OF the Interior or
COMM ssioner OF Indian Affairs may require in
addition thereto, the Secretary OF the Interior
shall consider to be Just and reasonable, and not
tainted with fraud and not exorb itant in its de-
mands: PrOrided, That the Secretary OF the Inte-
ror shall in all cases enter, in writing, on such
original contract, on the record in the Office of
the Commissioner Of Indian Affairs wherein
such original contract is recorded, an official
statement, showing that the contract or agree
ment 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 exor-
bitant and not fraudulent, and that they are
just, the same shall be valid.
But II, in the opinion or the Secretary of the
Interior, such contract or agreement, or the as
signment thereof, 10 fraudulent or exorbitant,
be shall officially enter his rejection in writing,
and they shall not be considered Of binding fierce
by any officer or employee Of the United States.
SIC. 8. That IL Is hereby made the duty OF the
Secretary Of the Interior to cause an investlga-
agreements. within the purvieW OF this act,
now on file in his Office, or OF the Office of the
Commissioner of Indian Affairs, or any other
Office or bureau under his control, and by spe-
compel, in the case Of each such contract or
agreement so found on fle, the same strictness
Of official examination, and indorsement, rec
ord and sworn statement Of fact, as Is REQ uired
by the several provisions Of this act PROVIDED,
That the investigation OF facts touching the
templated by this act NAV be made by q COM
missioner appointed by the President for that
purpose, who shall report all such facts to the
Secretary Of the Interior In writing.
Approved, April %. 1874
[GKNRRAL HAruRB-No. 26.l
Az Acf to amend the act entitled San act to
regulate the carriage OF passengers In steam
ship and other vessels" approved March
three, eighteen hundred and 6fty-nve.
Be IL ENACTED By Tie Senate and House Of Repre-
sentatiues Of the Uasted States of America On Con-
gress assembled, That the thirteenth section OF
OF passengers In steamship and other vessels"
approved March third, eighteen hundred and
ffty-fvs, b, and the sane 70 hereby, repealed;