ors; term of of

138, s. 6, v. 17, p.

463; Mar. 3, 1875,

C.

1896. There shall be appointed by the President, by and Indian inspectwith the advice and consent of the Senate, a sufficient fice. Feb. 14, 1873, c. number of Indian inspectors, not exceeding five1 in number, to perform the duties required of such inspectors by the provisions of this title. Each inspector shall hold his office for four years, unless sooner removed by the President.

132,v. 18, p. 422.

Sec. 2043, R.S.

ties of inspectors. Ibid.

Mar. 3, 1875, c.

132, ss. 1, 4, 5, v.

18, pp. 422, 449.

Sec. 2045, R.S.

1897. Each Indian superintendency and agency shall be Powers and duvisited and examined as often as twice a year2 by one or more of the inspectors. Such examination shall extend to a full investigation of all matters pertaining to the business of the superintendency or agency, including an examination of accounts, the manner of expending money, the number of Indians provided for, contracts of all kinds connected with the business, the condition of the Indians, their advancement in civilization, the extent of the reservations, and what use is made of the lands set apart for that purpose, and, generally, all matters pertaining to the Indian service. For the purpose of making such investigations, each inspector shall have power to examine all books, papers, and vouchers, to administer oaths, and to examine. on oath all officers and persons employed in the superintendency or agency, and all such other persons as he may deem necessary or proper. The inspectors, or any of them, shall have power to suspend any superintendent or agent or employee, and to designate some person in his

'The act of May 31, 1900 (31 Stat. L., 224), makes provision for eight Indian inspectors, one of whom shall be an engineer competent to the location, construction, and maintenance of irrigation works.

2 The act of March 3, 1875 (18 Stat. L., 422), repealed the above requirement in respect to semiannual examinations by inspectors.

Indian agents.

Feb. 14, 1873, c.

place temporarily, subject to the approval of the Presi dent, making immediate report of such suspension and designation; and upon the conclusion of each examination a report shall be forwarded to the President without delay. The inspectors, in the discharge of their duties, jointly and individually, shall have power, by proper legal proceedings, which it shall be the duty of the district attorney of the United States for the appropriate district duly to effectuate, to enforce the laws and to prevent the violation of law in the administration of affairs in the several agencies and superintendencies. So far as practicable, the examinations of the agencies and superintendencies shall be made alternately by different inspectors, so that the same agency or superintendency may not be examined twice in succession by the same inspector or inspectors.

1898. The President is authorized to appoint from time 138, s. 1, v. 17, p. to time, by and with the advice and consent of the Senate,

437; June 22, 1874,

c. 389, v.18, p. 147. the following Indian agents:1

Sec. 2052, R.S.

Term of office.

Feb. 27, 1851, c.

1899. Each Indian agent shall hold his office for the term

14, s. 6, v.9, p. 587; of four years [and until his successor is duly appointed

A pr. 8, 1864, c. 48,

8. 4, v. 13, p. 40.

Sec. 2056, R.S.
Bonds.

Feb. 27, 1851, c.

and qualified].*

1900. Each Indian agent, before entering upon the duties 14, s. 6, v.9, p. 587; of his office, shall give bond in such penalties and with 132, s. 10, v. 18, p. such security as the President or the Secretary of the InteSec. 2057, R.S. rior may require."

Mar. 3, 1875, c.

451.

perintendencies,

Limits of su- 1901. The limits of each superintendency, agency, and agencies, and subagency shall be established by the Secretary of the June 30, 1834, c. Interior, either by tribes or geographical boundaries.

subagencies.

162, s. 7, v. 4, p. 736; Mar. 3, 1847, c. 66, s. 1, v. 9, p. 203. Sec. 2066, R.S.

Indian agents.

Ibid.

Residence of 1902. Every Indian agent shall reside and keep his Sec. 2060, R.S. agency within or near the territory of the tribe for which he may be agent, and at such place as the President may designate, and shall not depart from the limits of his agency without permission.

1The act of August 15, 1894 (28 Stat. L., 286), contained the following requirement: "Hereafter the annual salaries of the several Indian agents shall be as provided for in this act." (a) This legislation operated as an express repeal of the provisions of section 2057, Revised Statutes, in pari materia. The number of Indian agents and their respective salaries are now fixed in the annual acts of appropriation for the support of the Indian service. That for March 3, 1901 (31 Stat. L. 1058), makes provision for forty-nine Indian agents at an aggregate expense of $77,600.

2 Amended by the insertion of the words in brackets by the act of May 17, 1882 (22 Stat. L., 87).

3 For statute authorizing additional security to be required in certain cases see paragraph 1915, post.

a The act of July 4, 1884 (23 Stat. L., 76), contained a provision repealing all statutes fixing compensation of Indian agents in excess of the amounts therein appropriated. For a list of agencies, with the salaries thereto pertaining, as fixed by the act of August 15, 1884 (28 Stat. L., 286), see Vol. II, Supplement to the Revised Statutes, page 214, note 2.

1903. The President may require any military officer of the United States to execute the duties of an Indian agent; and when such duties are required of any military officer, he shall perform the same without any other compensation than his actual traveling expenses.1

1904. Hereafter the President may detail officers of the United States Army to act as Indian agents at such agencies as, in the opinion of the President, may require the presence of an army officer, and while acting as Indian agents such officers shall be under the orders and direction of the Secretary of the Interior. Act of July 1, 1898 (30 Stat. L., 573).

Officers of the

Army may be re-
Indian agents.

quired to act as
June 30, 1834, c.
Pec. 2062, R.S.

pp. 735-737.

The same.

July 1, 1898, v. 30, p. 573.

for extra serv

May 31, 1832, v.

1905. No compensation beyond their actual expenses for Compensation extra services shall be allowed any Indian agent or sub-ices, agent for services when doing duty under the order of the 109, s. 2, v. 4, p. Government, detached from their agency and the boundary Sec. 2063, R.S. of the tribe to which they are agents or subagents.

520.

and commission

ers

Mar. 3, 1863, c. 99, s.1, v. 12, p.792. Sec. 2067, R.S.

of sub-Indian

June 30, 1834, c.

162, s. b, v. 4, p.

736.

Sec. 2055, R.S.

1906. All special agents and commissioners not appointed Special agents by the President shall be appointed by the Secretary of the Interior. 1907. A competent number of sub-Indian agents shall be Appointment appointed by the President, with a salary of one thousand agents. dollars a year each, to be employed, and to reside wherever the President may direct, and who shall give bonds, with one or more sureties, in the penal sum of one thousand dollars, for the faithful execution of their duties. But no subagent shall be appointed who shall reside within the limits of any agency where there is an agent appointed. 1908. The Commissioner of Indian Affairs, with the Superintendapproval of the Secretary of the Interior, may devolve the school to act as duties of any Indian agency upon the superintendent of the Indian training school located at such agency, whenever in his judgment such superintendent can properly perform the duties of such agency. And the superintendent upon whom such duties devolve shall give bond as other Indian agents. Act of March 3, 1899 (30 Stat. L., 924.)

ent of training

agent.

Bond. Mar. 3, 1899, v. 30, p. 924.

1Officers of the Army acting as Indian agents at places where there are suitable quarters provided by the Government are not entitled to commutation of quarters. IV Compt. Dec., 212; III, ibid., 223.

The acts of July 1, 1898 (30 Stat. L., 573), March 2, 1899 (ibid., 926), and May 31, 1900 (31 ibid., 224), have contained the requirement that the sums appropriated for compensation of Indian agents "shall not take effect or become available in any case for or during the time in which any officer of the Army of the United States shall be engaged in the performance of the duties of Indian agent at any of the agencies” named therein.

The act of June 10, 1896 (29 Stat. L., 321), contained the same requirement.

Oaths in pen

sion cases.

1909. Declaration in (pension) claims of Indians may be July 26, 1892, 8. made before a United States Indian agent. Sec. 2, act of July 26, 1892 (27 Stat. L., 272).

2, v. 27, p. 272.

Acknowledgment of deeds,

Mar. 3, 1855, c.

701.

1910. Indian agents are authorized to take acknowledgetc., by agents. ments of deeds and other instruments of writing, and to 201, s. 10, v. 10, p. administer oaths in investigations committed to them in Sec. 2064, B. S. Indian country, pursuant to such rules and regulations as may be prescribed for that purpose by the Secretary of the Interior; and acknowledgments so taken shall have the same effect as if taken before a justice of the peace.

Administration

of oaths.

30, p. 924.

1911. Hereafter each special agent, supervisor of schools, Mar. 1, 1899, v. or other official charged with the investigation of Indian agencies and schools, in the pursuit of his official duties, shall have power to administer oaths and to examine, on oath, all officers and persons employed in the Indian service, and all such other persons as may be deemed necessary and proper. Act of March 1, 1899 (30 Stat. L., 924).

No person to hold two offices;

June 30, 1834, c.

737.

MISCELLANEOUS.

1912. No person shall hold more than one office at the leave of absence. same time under this Title;' nor shall any agent, subagent, 162, s. 10, v. 4, p. interpreter, or person employed under this Title, receive Sec. 2074, R. S. his salary while absent from his agency or employment without leave of the superintendent or Secretary of the Interior; but such absence shall at no time exceed sixty days.

Compensation prescribed to be in full.

June 30, 1834, c.

737.

traveling ex

penses.

June 30, 1834, c.

737.

15 Pet., 423.

1913. The several compensations prescribed by this Title' shall be in full of all emoluments or allowances whatso

162, s. 10, v. 4, p. ever. But, where necessary, a reasonable allowance or Sec. 2076, R. S. provision may be made for offices and office contingencies. Allowance for 1914. Where persons are required, in the performance of their duties, under this Title,' to travel from one place to 162, s. 10, v. 4, p. another, their actual expenses, or a reasonable sum in lieu Minis v. U. S., thereof, may be allowed them, except that no allowance Sec. 2077, B. S. shall be made to any person for travel or expenses in coming to the seat of Government to settle his accounts, unless thereto required by the Secretary of the Interior. Additional se- 1915. The President may, from time to time, require bursing officers, additional security, and in larger amounts, from all perJune 30, 1834. c. sons charged or trusted, under the laws of the United States, with the disbursement or application of money, goods, or effects of any kind, on account of Indian affairs.

curity from dis

etc.

162, s. 8, v. 4, p.

737.

Sec. 2075, R. S.

'Title XXVIII, Revised Statutes.

DISCONTINUANCE OF AGENCIES.

tain agents, etc.,

with.

1916. It shall be the duty of the President to dispense Services of cer with the services of such Indian agents and superintend- to be dispensed ents as may be practicable; and where it is practicable he Ibid., p. 438. shall require the same person to perform the duties of two c.389, v. 18, p. 147; agencies or superintendencies for one salary.

June 22, 1874,

June 22, 1874, c. 289, v. 18, p. 177. Sec. 2053, R. S.

of agencies, etc. March 1, 1883, s. 6, v. 22, p. 451.

1917. The President may, in his discretion, consolidate Consolidation two or more agencies into one, and where Indians are located on reservations created by executive order, he

with the consent of the tribes to be affected thereby, expressed in the usual manner, consolidate one or more tribes, and abolish such agencies as are thereby rendered unnecessary; and preference shall at all times, as far as practicable, be given to Indians in the employment of clerical, mechanical, and other help on reservations and about agencies. Sec. 6, act of March 1, 1883 (22 Stat. L., 451).

and transfer of

June 30, 1834, c.

735.

Sec. 2059, R. S.

1918. The President shall, whenever he may judge it Discontinuance expedient, discontinue any Indian agency, or transfer the agencies. same, from the place or tribe designated by law, to such 162, s. 4, v. 4, p. other place or tribe as the public service may require. 1919. Whenever any one or more of the superintendencies is abolished by law, or discontinued by the President, the Indian agents in such superintendencies shall report directly to the Commissioner of Indian Affairs.

c.

The same.

July 15, 1870,

360.

296, s. 6, v. 16, p. Sec. 2054, R. S.

of the offices of

terpreters, etc.

174, s. 5, v. 4, p.

1920. The Secretary of the Interior shall, under the Discontinuance direction of the President, cause to be discontinued the subagents, inservices of such [agents] subagents, interpreters, and mechanics, as may from time to time become unnecessary, in consequence of the [immigration] [emigration] of the Indians, or other causes.

DUTIES OF INDIAN AGENTS.

July 9, 1832, c. 564; Feb. 27, 1877 Sec. 2078, R. S.

c. 69, v. 19, p. 244.

Duties.

June 30, 1834,

736; June 5, 1850, 16, s. 4, v. 9, p.

1921. Each Indian agent shall, within his agency, manage and superintend the intercourse with the Indians, c. 162, s. 7, v. 4. p. agreeably to law; and execute and perform such regula-136, Feb. 27, 1851, tions and duties, not inconsistent with law, as may be c. 14, s. 5, v. 9, p. prescribed by the President, the Secretary of the Interior, v. 18, pp. 449, 451. the Commissioner of Indian Affairs, or the Superintendent Sec. 2058, B. S. of Indian Affairs.1

587; Mar. 3, 1875,

132, ss. 5,

For statutes imposing other duties upon Indian agents see section 9, act of July 4, 1884 (23 Stat. L., 98), requiring a census to be taken. See, also, the annual acts of appropriation. For the statute establishing the Indian police see the act of May 27, 1878 (20 Stat. L., 86), paragraphs 2011-2014, post.