Balance available. 46 Stat., 1031; ante, 216. February 10, 1932. [S. 2406.] 47 Stat., 1656. Harvey K. Meyer. Credit allowed accounts of. tions to provide for emergency construction on certain public works during the remainder of the fiscal year ending June 30, 1931, with a view to increasing employment," approved December 20, 1930, is hereby continued available during the fiscal year 1933, and not to exceed $4,760 may be used for personal services in the District of Columbia. [For Act approved July 21, 1932 (47 Stat., 711) see Post, 634] PRIVATE ACTS OF THE SEVENTY-SECOND CONGRESS, FIRST SESSION, 1931-1932 CHAP. 37.-An Act For the relief of Harvey K. Meyer, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Compin troller General of the United States be, and he is hereby, authorized and directed to allow credit in the accounts of Harvey K. Meyer, superintendent and special disbursing agent at Colville Agency, Washington, for payments aggregating $312.67, made from tribal funds of the Spokane Indians to William S. Lewis, of Spokane, Washington, to reimburse him for travel expenses incurred in behalf of said Indians, as provided in his contract with them as their attorney, which payments were disallowed by the General Accounting Office for the reason as claimed that there was no authority of law therefor. Approved, February 10, 1932. March 1, 1932. [H. R. 4150.] 47 Stat., 1657. Benjamin horse. Land patent in fee, authorized. CHAP. 66.-An Act For the relief of Thomas C. LaForge Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized to issue a patent in fee to Thomas C. LaForge, Crow allottee numbered 1257, for land allotted to him under the provisions of the Act of June 4, 1920 (41 Stat. L. 751), and designated as homestead. Approved, March 1, 1932. CHAP. 67.-An Act Authorizing issuance of patents in fee to Benjamin Spottedhorse and Horse Spottedhorse for certain lands Be it enacted by the Senate and House of Representatives of the Spotted United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized to issue a patent in fee to Benjamin Spottedhorse, Crow allottee numbered 1335, for land 41 Stat., 751, vol. 4, allotted to him under the provisions of the Act of June 4, 1920 (41 Stat. L. 751), and described as the northeast quarter and east half of northwest quarter section 16, township 8 south, range 32 east, comprising two hundred and forty acres. 271. Horse Spottedhorse. authorized. SEC. 2. That the Secretary of the Interior be, and he is hereby, Land patent in fee, authorized to issue a patent in fee to Horse Spottedhorse, Crow allottee numbered 1336, for land allotted to her under the provisions of the Act of June 4, 1920, supra, and described as the west half of northwest quarter section 16, township 8 south, range 32 east, comprising eighty acres. Approved, March 1, 1932. CHAP. 264.-An Act For the relief of Florian Ford June 14, 1932. [H. R. 5940.] 47 Stat., 1674. Florian Ford. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, ized. out of any funds in the Treasury not otherwise appropriated, the sum of $175 to Florian Ford, in full settlement for his loss through the burning of his barn and other property, located on land under the police jurisdiction of the Crow Indian Agency, under authorization of Federal officers engaged in the capture of George Bolton on October 29, 1926. Approved, June 14, 1932. CHAP. 304.-An Act For the relief of Ross E. Adams Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury is authorized and directed to pay to Ross E. Adams, of Nashua, Montana, out of any money in the Treasury deposited to the credit of the Fort Peck Indians, a sum equal to the amount found by the Commissioner of the General Land Office to have been paid by the said Ross E. Adams in excess of lawful requirements on account of his original homestead entry on lands within the Fort Peck Indian Reservation, less any amounts unpaid on the date of enactment of this Act on account of his additional entry made on May 21, 1926, on lands within such reservation. Such sum shall be in full satisfaction of his claim for a refund of overpayments on account of such original entry, and the Secretary of the Interior is authorized and directed to issue patent to the lands covered by such additional entry without the requirement of any further payments. Approved, June 28, 1932. CHAP. 339.-An Act For the relief of J. N. Gordon Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Comptroller General of the United States be, and he hereby is, authorized and directed to adjust and settle the claim of J. N. Gordon, arising out of the relinquishment of certain lands included in mineral entry, Denver, numbered 040111, for which the payments had theretofore been made, and to allow said claim in the amount of $382.50 in full and final settlement thereof. Payment, from Ute SEC. 2. To enable the Comptroller General to carry out the pro- Indian funds. visions of this Act there is hereby appropriated, out of that subdivision of the Confederated Bands of Utes 4 per centum fund to which the same was heretofore credited, the sum of $382.50 to pay this claim. Approved, June 30, 1932. CONCURRENT RESOLUTIONS OF CONGRESS, SEVENTY-SECOND JURISDICTION IN MANAGEMENT OF INDIAN COUNTRY Resolved by the Senate (the House of Representatives concurring), That the President of the United States be, and he is hereby, requested to return to the Senate the enrolled bill (S. 3322) entitled "An Act March 31, 1932. 47 Stat., 1776. Jurisdiction in management of Indian country. Return of bill rela January 20, 1933. [S. 5252.] 47 Stat., 773. Minnesota. Per capita payment to, from tribal funds. 305. to transfer certain jurisdiction from the War Department in the management of Indian country." Passed, March 31, 1932. PUBLIC ACTS OF THE SEVENTY-SECOND CONGRESS, SECOND CHAP. 15.-An Act Providing for payment of $25 to each enrolled Chippewa Indian of Minnesota from the funds standing to their credit in the Treasury of the United States Be it enacted by the Senate and House of Representatives of the Chippewa Indians of United States of America in Congress assembled, That the Secretary of the Interior is authorized and directed to withdraw from the Treasury so much as may be necessary of the principal fund on deposit to the credit of the Chippewa Indians in the State of Minnesota, 25 Stat., 645, vol. 1, under section 7 of the Act entitled "An Act for the relief and civilization of the Chippewa Indians in the State of Minnesota," approved January 14, 1889, as amended, and to make therefrom payment of $25 to each enrolled Chippewa Indian of Minnesota, under such regulations as such Secretary shall prescribe. No payment shall be made under this Act until the Chippewa Indians of Minnesota shall, in such manner as such Secretary shall prescribe, have accepted such payments and ratified the provisions of this Act. The money paid to the Indians under this Act shall not be subject to any lien or claim of whatever nature against any of said Indians. Approved, January 20, 1933. January 26, 1983. [S. 3675.] 47 Stat., 776. projects. Indian irrigation Payment of 1931 construction charges de ferred. CHAP. 21.-An Act Relating to the deferment and adjustment of construction charges for the years 1931 and 1932 on Indian irrigation projects Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized, under such rules and regulations as he may prescribe, to defer the payment of such of the construction charges as are in default for the calendar year 1931 on irrigation projects under the direction of the Commissioner of Indian Affairs, and to adjust the construction charges for the calendar year 1932 on such projects, in the same manner and under the same terms as provided by the Act of Congress for the temporary relief of water users on irrigation projects constructed and operated under the reclamation law, 47 Stat., 75; ante, approved April 1, 1932 (Public, Numbered 70, Seventy-second Congress). 251. Approved, January 26, 1933. January 27, 1933. [H. R. 8750.] 47 Stat., 777. Five Civilized Tribes of Indians, Okla. tain members declared restricted. CHAP. 23.-An Act Relative to restrictions applicable to Indians of the Five Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all funds and other securities now held by or which may hereafter come under the supervision of the Secretary of the Interior, belonging to and only so 164 Fed. (2d), 979, 982; 73 Fed. (2), 845-8; 92 Fed. (2), 249; 103 Fed. (2), 37; 105 Fed. (2), 398; 54 I. D. D., 382; 62 Pac. Rep. (2), 501; 63 Pac. Rep., 724; 70 Pac. Rep., 75. Supervision of ex penditure. Provisos. long as belonging to Indians of the Five Civilized Tribes in Oklahoma Tax-exempt lands. Maximum area. Minerals subject to taxation. 44. 45 Stat., 495; ante, Creation of trusts by Indians. Provisos. pay SEC. 2. The Secretary of the Interior be, and he is hereby, authorized to permit, in his discretion and subject to his approval, any Indian of the Five Civilized Tribes, over the age of twenty-one years, having restricted funds or other property subject to the supervision of the Secretary of the Interior, to create and establish, out of the restricted funds or other property, trusts for the benefits of such Indian, his heirs, or other beneficiaries designated by him, such trusts to be created by contracts or agreements by and between the Indian and incorporated trust companies or such banks as may be authorized by law to act as fiduciaries or trustees: Provided, That no trust company or bank shall be trustee in any trust created under this Act which ment of trustees' fees. has paid or promised to pay to any person other than an officer or employee on the regular pay roll thereof any charge, fee, commission, or remuneration for any service or influence in securing or attempting to secure for it the trusteeship in any trust: Provided further, That all trust agreements or contracts made or entered into prior to the approval of. date of approval of this Act, and all contracts or agreements made or entered into prior to said date providing for or looking to the creation of such trust or trusts shall be null and void unless such contracts or agreements shall have heretofore been approved by the Secretary of the Interior.2 SEC. 3. The Secretary of the Interior be, and he is hereby, authorized, upon the execution and approval of any trust agreement or contract as herein provided, to transfer, or cause to be transferred, to the trustee, from the individual restricted or trust funds or other restricted property of the respective Indian, the funds or property required by the terms of the approved agreement, and the funds or property so transferred shall in each case be held by the trustee subject to the terms and conditions of the trust agreement or contract creating the trust, separate and apart from all assets, investments or trust estates in the hands of said trustee. Trust agreements, Transfers to trustee authorized. Segregation of assets. Release of trust restrictions SEC. 4. None of the restrictions upon the funds or property transferred under the terms of any such trust agreement or contract shall agreement be in any manner released during the continuance of the restriction period now or hereafter provided by law, except as provided by the 237 Opp. Atty. Gen., 193; 54 I. D. D., 310. denied. 232219-41-20 and income. Alienation of corpus terms of such agreement or contract, and neither the corpus of said trust nor the income derived therefrom shall, during the restriction period provided by law, be subject to alienation, or encumbrance, nor to the satisfaction of any debt or other liability of any beneAnnual accounting ficiary of such trust during the said restriction period. The trustee shall render an annual accounting to the Secretary of the Interior and to the beneficiary or beneficiaries to whom the income for the preceding year, or any part thereof, was due and payable. required. Irrevocability of approved contracts. Proviso. Revesting of funds if trust agreement nulled. an Illegally procured trusts. Cancellation proceed ings. Return of trust funds. Jurisdiction, etc., of courts. Administration of Act. Valuation of trust, bond, etc. SEC. 5. Trust agreements or contracts executed and approved as herein provided shall be irrevocable except with the consent and approval of the Secretary of the Interior: Provided, That if any trust, trust agreement, or contract be annulled, canceled, or set aside by order of any court, or otherwise, the principal or corpus of the trust estate, with all accrued and unpaid interest, shall be returned to the Secretary of the Interior as restricted individual Indian property. SEC. 6. If, after the creation and approval of any trust, it is found that said trust was procured in violation of any of the provisions of this Act, or that the trustee designated therein has failed or refused to properly perform the duties imposed thereby, in accordance with the terms, provisions and requirements of said trust agreement, it shall be the duty of the Attorney General to institute appropriate proceedings in the Federal courts for the cancellation and annulment of said trust by court decree, and upon decree of annulment and cancellation, which shall be at the cost of the trustee, and after accounting, but without the allowance of any fee, charge, or commission for any services rendered by the trustee, all funds held by the trustee shall be paid to the Secretary of the Interior as restricted funds, and the Federal courts are hereby given exclusive jurisdiction of all actions involving an accounting under any trust created under the provisions of this Act, and all actions to cancel, annul, or set aside any trust entered into pursuant to this Act. SEC. 7. The Secretary of the Interior is hereby authorized to prescribe such rules and regulations as he may deem necessary for the proper administration of this Act. He shall fix and determine the value of each trust, revising such valuation from time to time as he may deem necessary, and, for the faithful performance of each trust agreement or contract, shall require corporate surety company bond equal to the value of the respective trust so fixed and determined, or the deposit of securities of the United States Government equal to Trust period restric- such amount: Provided, however, That trusts created under the provisions of this Act shall not extend beyond a period twenty-one years after the death of the last survivor of the named beneficiaries in the respective trust agreement. Proviso. tion. Oklahoma courts. sent restricted mem- bers. 351. Approval of conveyances required. Right of appeal. SEC. 8. That it shall be the duty of the attorneys provided for under the Act of May 27, 1908 (35 Stat. L. 312), to appear and represent any restricted member of the Five Civilized Tribes before the county courts of any county in the State of Oklahoma, or before any appellate court thereof, in any matter in which said restricted Indians may have an interest, and no conveyance of any interest in land of any full-blood Indian heir shall be valid unless approved in open court after notice in accordance with the rules of procedure in probate matters adopted by the Supreme Court of Oklahoma in June of 1914, and said attorneys shall have the right to appeal from the decision of any county court approving the sale of any interest in land, to the district court of the district to which the county is a part. Approved, January 27, 1933. |