Cash distribution. Proviso. Division of payments. graded Texas two-year-old heifers and graded Durham or Hereford two-year-old bulls, for issue to said Indians, to be distributed as equally as possible among men, women, and children, but not more than one half of the money received in any one year shall be expended as aforesaid, and the other half shall be paid to said Indians per capita in cash, and an accounting, settlement, and payment shall be made in the month of October in each year until the lands are fully paid for and the funds distributed in accordance with this agreement: Provided, however, That not more than five hundred thousand dollars shall be expended or paid within two years after the ratification of this agreement, and not to exceed one hundred and fifty thousand dollars in each of the following years until the expiration of five years. "ART. IV. It is further agreed that all persons of the Rosebud Recognition of tribal Indian Reservation, South Dakota, who have been allotted lands and who are now recognized as members of the tribe belonging on said reservation, including mixed-bloods, whether their white blood comes from the paternal or maternal side, and the children born to them, shall enjoy the undisturbed and peaceable possession of their allotted lands, and shall be entitled to all the rights and privileges of the tribe enjoyed by full-blood Indians upon the reservation; and that white men heretofore lawfully intermarried into the tribe and now living with their families upon said reservation shall have the right of residence thereon, not inconsistent with existing statutes. "ART. V. It is understood that nothing in this agreement shall be construed to deprive the said Indians of the Rosebud Reservation, South Dakota, of any benefits to which they are entitled under existing treaties or agreements, not inconsistent with the provisions of this agreement." rights. Treaty rights continued. Disposal of ceded laws. mation. Post, p. 2354. Post, p. 700. Provisos. Rights of soldiers R.S., secs. 2304, 2305, SEC. 2. That the lands ceded to the United States under said agree- lands under homement, excepting such tracts as may be reserved by the President, stead and town-site not exceeding three hundred and ninety-eight and sixty-seven onehundredths acres in all, for subissue station, Indian day school, one Catholic mission, and two Congregational missions, shall be disposed of under the general provisions of the homestead and town-site laws of the United States, and shall be opened to settlement and entry by proclamation of the President, which proclamation shall prescribe the Opening by proclamanner in which these lands may be settled upon, occupied, and entered by persons entitled to make entry thereof; and no person shall be permitted to settle upon, occupy, or enter any of said lands, except as prescribed in such proclamation, until after the expiration of sixty days from the time when the same are opened to settlement and entry: Provided, That the rights of honorably discharged Union soldiers and sailors of the late civil and the Spanish war or Philippine insurrection, as defined and described in sections twenty-three hundred and four and twenty-three hundred and five of the Revised Statutes, as amended by the Act of March first, nineteen hundred and one, shall not be abridged: And provided further, That the price of said lands entered as homesteads under the provisions of this Act shall be as follows: Upon all land entered or filed upon within three months after Payments. the same shall be opened for settlement and entry, four dollars per acre, to be paid as follows: One dollar per acre when entry is made; seventy-five cents per acre within two years after entry; seventy-five cents per acre within three years after entry; seventy-five cents per acre within four years after entry, and seventy-five cents per acre within six months after the expiration of five years after entry. And upon all land entered or filed upon after the expiration of three months and within six months after the same shall be opened for settlement and entry, three dollars per acre, to be paid as follows: One dollar per acre when entry is made; fifty cents per acre within two years after entry; fifty cents per acre within three years VOL XXXIII, PT 1-17* P. 422. Vol. 31, p. 847. Homestead entries. to pay. Commutation. after entry; fifty cents per acre within four years after entry, and fifty cents per acre within six months after the expiration of five years after entry. After the expiration of six months after the same shall be opened for settlement and entry the price shall be two dollars and fifty cents per acre, to be paid as follows: Seventy-five cents when entry is made; fifty cents per acre within two years after entry; fifty cents per acre within three years after entry; fifty cents per acre within four years after entry, and twenty-five cents per acre within Forfeiture on failure six months after the expiration of five years after entry: Provided, That in case any entryman fails to make such payment or any of them within the time stated all rights in and to the land covered by his or her entry shall at once cease, and any payments theretofore made shall be forfeited, and the entry shall be forfeited and held for cancellation and the same shall be cancelled: And provided, That nothing in this Act shall prevent homestead settlers from commuting their entries under section twenty-three hundred and one, Revised Statutes, by paying for the land entered the price fixed herein, receiving credit for payments previously made. In addition to the price to be paid for the land, the entryman shall pay the same fees and commissions at the time of commutation or final entry, as now provided by law, where the price of the land is one dollar and twenty-five cents per acre: And Sale of undisposed provided further, That all lands herein ceded and opened to settlement under this Act, remaining undisposed of at the expiration of four years from the taking effect of this Act, shall be sold and disposed of for cash, under 1ules and regulations to be prescribed by the Secretary of the Interior, not more than six hundred and forty acres to any one purchaser. R. S., sec. 2301, p. 421. Fees. lands. Disposal of proceeds. Payment for school sections. Dakota. SEC. 3. That the proceeds received from the sale of said lands in conformity with this Act shall be paid into the Treasury of the United States, and paid to the Rosebud Indians or expended on their account only as provided in article three of said agreement as herein amended. SEC. 4. That sections sixteen and thirty-six of the lands hereby acquired in each township shall not be subject to entry, but shall be reserved for the use of the common schools and paid for by the United Granted to South States at two dollars and fifty cents per acre, and the same are hereby Selections in lieu of granted to the State of South Dakota for such purpose; and in case any of said sections, or parts thereof, of the land in said county of Gregory are lost to said State of South Dakota by reason of allotments thereof to any Indian or Indians, now holding the same, or otherwise, the governor of said State, with the approval of the Secretary of the Interior, is hereby authorized, in the tract herein ceded, to locate other lands not occupied not exceeding two sections in any one township, which shall be paid for by the United States as herein provided in quantity equal to the loss, and such selections shall be made prior to the opening of such lands to settlement. allotted lands. Appropriation for school sections. Limit of Government liability. SEC. 5. That there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of seventy-five thousand dollars, or so much thereof as may be necessary, to pay for the lands granted to the State of South Dakota, as provided in section four of this Act. SEC. 6. That nothing in this Act contained shall in any manner bind the United States to purchase any portion of the land herein described, except sections sixteen and thirty-six or the equivalent in each township, or to dispose of said land except as provided herein; or to guarantee to find purchasers for said lands, or any portion thereof, it being the intention of this Act that the United States shall act as trustee for said Indians to dispose of said lands and to expend and pay over the proceeds received from the sale thereof only as received, as herein provided. Approved, April 23, 1904. CHAP. 1485.-An Act Making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. April 23, 1904. [Ĥ. R. 10670.] [Public, No. 149.] Army Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, tions. and they are hereby, appropriated out of any money in the Treasury not otherwise appropriated, for the support of the Army for the year ending June thirtieth, nineteen hundred and five: CONTINGENCIES OF THE ARMY: For all contingent expenses of the Army not otherwise provided for, and embracing all branches of the military service, including the office of the Chief of Staff, to be expended under the immediate orders of the Secretary of War, twenty thousand dollars. appropria Contingencies. ARMY WAR COLLEGE: For expenses of the Army War College, Army War College. being for the temporary hire of office rooms, purchase of the necessary stationery, office, toilet, and desk furniture, text-books, books of reference, scientific and professional papers and periodicals, binding, maps, police utensils, and for all other absolutely necessary expenses, fifteen thousand dollars. UNDER THE CHIEF OF ARTILLERY. Under Chief of Artillery. Submarine Defense School. SCHOOL OF SUBMARINE DEFENSE, FORT TOTTEN, NEW YORK: For incidental expenses of school and depot, including chemicals, station-, Incidentalexpenses. ery, hardware, extra-duty pay to soldiers necessarily employed for periods not less than ten days as artificers on work in addition to and not strictly in line with their military duties, such as carpenters, blacksmiths, draftsmen, printers, lithographers, photographers, engine drivers, telegraph operators, teamsters, wheelwrights, masons, machinists, painters, overseers, laborers, office furniture and fixtures, machinery, and unforeseen expenses, ten thousand dollars. Material for instruc For purchase of material for use in instruction of artillery troops tion. in their special duties in connection with the loading and planting of submarine mines, one thousand dollars. For purchase of special apparatus and for experimental purposes of the department of electricity, mines, and mechanism, Fort Totten, New York, two thousand dollars. For purchase of special apparatus and for experimental purposes of the department of chemistry and explosives, Fort Totten, New York, one thousand five hundred dollars. For purchase of special apparatus for electrician sergeants division, School of Submarine Defense, Fort Totten, New York, three thousand dollars. For purchase and binding of professional books of recent date treating of military and scientific subjects for library of School of Submarine Defense, and for use of school, two thousand five hundred dollars. UNITED STATES SERVICE SCHOOLS: To provide means for the theoretical and practical instruction at the Artillery School, at Fort Monroe, Virginia; the School of Submarine Defense, at Fort Totten, New York: the General Service and Staff College, at Fort Leavenworth, Kansas, and the School of Application for Cavalry and Field Artillery, at Fort Riley, Kansas, by the purchase of text-books, books of reference, scientific and professional papers, the purchase of modern instruments and material for theoretical and practical instruction, and for all other absolutely necessary expenses, to be allotted in such proportions as may, in the opinion of the Secretary of War, be for the best interest of the military service, twenty-five thousand dollars. Apparatus. Books. Service sehools. Fort Monroe, Va. Fort Totten, N. Y. Fort Leavenworth, Kans. Fort Riley, Kans. at headquarters. For contingent expenses at the headquarters of the several military Contingentexpenses divisions and departments, including the staff corps serving thereat, being for the purchase of the necessary articles of office, toilet, and desk furniture, binding, maps, technical books of reference, profes Military tion division. informa sional and technical newspapers and periodicals, and police utensils, to be allotted by the Secretary of War, and to be expended in the discretion of the several military divisions and department commanders, seven thousand five hundred dollars. For contingent expenses of the military information division, General Staff Corps, including the purchase of law books, professional books of reference, professional and technical periodicals and newspapers, and of the military attachés at the United States embassies and legations abroad, and of the branch office of the Military Information Division at Manila, to be expended under the direction of the Secre tary of War, ten thousand dollars: Provided, That section thirty-six hundred and forty-eight, Revised Statutes, shall not apply to subscripR. S., sec. 3648. p. 718. tions for foreign and professional newspapers and periodicals to be paid for from this appropriation. Proviso. Subscriptions to pa pers. Office of Chief Sig nal Officer. ble Expenses. OFFICE OF THE CHIEF SIGNAL OFFICER. SIGNAL SERVICE OF THE ARMY: For expenses of the Signal Service of the Army, as follows: Purchase, equipment, and repair of field electric telegraphs, signal equipments and stores, binocular glasses, telescopes, heliostats, and other necessary instruments, including necessary meteorological instruments for use on target ranges; war balloons; telephone apparatus (exclusive of exchange service) and maintenance of the same; electrical installations and maintenance at military posts; maintenance and repair of military telegraph lines and cables, including salaries of civilian employees, supplies, and general repairs, and other expenses connected with the duty of collecting and transmitting information for the Army, by telegraph or otherwise, Alaska military ca- two hundred and eight thousand five hundred dollars; for completing the purchase, installation, operation, and maintenance of a submarine military cable from Sitka, Alaska, to Fort Liscum, Alaska, connecting by an all-American route the headquarters of the Department of Columbia with the military garrisons in southeastern Alaska, as authorized by the Act of Congress approved March second, nineteen hundred and three, three hundred and twenty-one thousand five hundred and eighty dollars. Vol. 32, p. 929. Pay. Line officers. Longevity. Enlisted men. Proviso. Gunners' additional pay. William H. Arthur. Longevity. Engineer battalion. Longevity. PAY OF OFFICERS OF THE LINE. For pay of officers of the line, five million dollars. For pay of officers for length of service, to be paid with their current monthly pay, one million and seventy-one thousand four hundred and twenty-eight dollars. PAY OF ENLISTED MEN. For pay of enlisted men of all grades, including recruits, nine million dollars: Provided, That hereafter first-class gunners of field artillery shall receive two dollars per month and second-class gunners one dollar per month in addition to their pay. For refunding to Major William H. Arthur, Medical Department, United States Army, money disbursed through errors in descriptive list of an enlisted man of the Second Regiment, United States Infan try, seventy-five dollars. For additional pay for length of service, one million two hundred and eighty-eight thousand six hundred and fifty dollars. ENGINEER BATTALION. Two hundred and seventy thousand seven hundred and fifty-six dollars. Additional pay for length of service, twenty-seven thousand three hundred and seventy-six dollars. ORDNANCE DEPARTMENT. One hundred and seventy-one thousand one hundred and twenty dollars. Ordnance Corps. Additional pay for length of service, nineteen thousand seven hun- Longevity. dred and eighty-six dollars. QUARTERMASTER'S DEPARTMENT. geants. Two hundred quartermaster-sergeants, at four hundred and eight Quartermaster-serdollars each, eighty-one thousand and six hundred dollars. Additional pay for length of service, fourteen thousand four hun- Longevity. dred dollars. SUBSISTENCE DEPARTMENT. Commissary-ser Two hundred post commissary-sergeants, at four hundred and eight geants. dollars each, eighty-one thousand six hundred dollars. Additional pay dollars. for length of service, nineteen thousand two hundred Longevity. ELECTRICIAN SERGEANTS (ARTILLERY CORPS). Electrician ser geants. Twenty-five master electricians, at nine hundred dollars each, and one hundred electrician sergeants, at four hundred and eight dollars each, sixty-three thousand three hundred dollars. Additional pay for length of service, four thousand and eighty Longevity. dollars. SIGNAL CORPS. One hundred and thirty-two first-class sergeants, at five hundred and forty dollars each, seventy-one thousand two hundred and eighty dollars. One hundred and forty-four sergeants, at four hundred and eight dollars each, fifty-eight thousand seven hundred and fifty-two dollars. One hundred and fifty-six corporals, at two hundred and forty dollars each, thirty-seven thousand four hundred and forty dollars. Five hundred and fifty-two first-class privates, at two hundred and four dollars each, one hundred and twelve thousand six hundred and eight dollars. One hundred and sixty-eight privates, at one hundred and fifty-six dollars each, twenty-nine thousand three hundred and twenty-eight dollars. Twenty-four cooks, at two hundred and forty dollars each, five thousand seven hundred and sixty dollars. Signal Corps. Thirty-six master signal electricians, at nine hundred dollars each, Electricians. thirty two thousand four hundred dollars: Provided, That the increase of enlisted men herein authorized shall take effect immediately. In all, three hundred and forty-seven thousand five hundred and sixty-eight dollars. Additional pay for length of service, seventeen thousand one hundred dollars. HOSPITAL CORPS. Seven hundred and seventy thousand four hundred dollars. Additional pay for length of service, one hundred and three thousand four hundred and sixty-two dollars. PAY TO CLERKS AND MESSENGERS AT HEADQUARTERS OF DIVISION AND One chief clerk, at the office of the Chief of Staff, two thousand dollars per annum. Four clerks, at one thousand eight hundred dollars each per annum. Proviso. Increase to take effect immediately. Longevity. Hospital Corps. Clerks and messengers, at headquarters, etc. |