Proviso. Notice to relatives. Arrest, etc., else Affidavits as to insanity necessary. or her. property, and if permitted to remain at large or to go unrestrained in the District of Columbia the rights of persons and of property will be jeopardized or the preservation of public peace imperiled and the commission of crime rendered probable: Provided, however, That it shall be the duty of the major and superintendent of the said Metropolitan police to forthwith notify the husband or wife or some near relative or friend of the person so apprehended and detained whose address may be known to the said major and superintendent or. whose address can by reasonable inquiry be ascertained by him. SEC. 2. That the major and superintendent of said Metropolitan where, without warpolice is hereby authorized to order the apprehension and detention, rant. without warrant, of any indigent person alleged to be insane or of unsound mind or any alleged insane person of homicidal or otherwise dangerous tendencies found elsewhere in the District of Columbia than in the places mentioned in section one hereof whenever two or more responsible residents of the District of Columbia shall make and file affidavits with said major and superintendent of the Metropolitan police setting forth that they believe the person therein named to be insane or of unsound mind, the length of time they have known such person, that they believe such person to be incapable of managing his or her own affairs, and that such person is not fit to be at large or to go unrestrained, and if such person is permitted to remain at liberty in the District of Columbia the rights of persons and of property will be jeopardized or the preservation of public peace imperiled and the commission of crime rendered probable, and that such person is a fit subject for treatment on account of his or her mental condition: Provided, however, That before the major and superintendent of the said Metropolitan police shall order the apprehension and detention of sicians. any person upon the affidavits of the aforesaid residents or in case of arrest as provided in section one, he shall, in addition thereto, require the certificate of at least two physicians who shall certify that they have examined the person alleged to be insane or of unsound mind, and that such person should not be allowed to remain at liberty and go unrestrained, and that such person is a fit subject for treatment on account of his or her mental condition. Proviso. Temporary deten SEC. 3. That the Commissioners of the District of Columbia are tion at Government hereby authorized to place in the Government Hospital for the Insane Hospital for Insane. in said District, and the superintendent of said hospital is hereby authorized to receive, upon the written request of the said Commissioners, for a period of time not exceeding thirty days, indigent persons alleged to be insane or of unsound mind, residents of or found within the District of Columbia, and alleged insane persons of homicidal or otherwise dangerous tendencies, residents of or found within the said District, so apprehended and detained as provided in sections one and two of this Act, pending the formal commitment of such perso to said hospital as provided by law, or their transportation to their homes when their places of residence are ascertained by the proper officials charged by law with that duty. Ante, p. 316. Temporary commit SEC. 4. That the Commissioners of the District of Columbia may ment in other hosauthorize the temporary commitment of any of the above-mentioned pitals. insane persons or persons of unsound mind so apprehended and detained as provided in sections one and two of this Act (for a period of time not exceeding thirty days) in any other hospital in said District which, in the judgment of the health officer of said District, is properly constructed and equipped for the reception and care of such persons, and the official in charge of which, for the time being, is willing to receive such persons pending the temporary commitment or the formal commitment of such persons, as provided by law, to the Government Hospital for the Insane or to any other hospital or insane asylum; or stations, ete.. pending any such alleged insane person or person of unsound mind apprehended formal commitment. under sections one and two of this Act may be detained in any police Detention in police station or house of detention in said District pending the completion of arrangements for his or her temporary detention in the Government Hospital for the Insane or any other hospital or insane asylum; and such persons may be detained in any police station or house of detention in said District until formally committed to the Government Hospital for the Insane or any other hospital or asylum, in the manner provided by law, in case he or she can not be provided for by the said Government Hospital for the Insane and no arrangement can be made for his or her temporary detention in any other hospital or asylum: Provided, however, That if, pending the formal commitment of such alleged insane person or person of unsound mind to the Government Hospital for the Insane or to any other hospital or asylum, the superintendent of said Government Hospital for the Insane, in the case of the commitment of a person to said hospital under the provisions of this Act, or if two or more physicians in regular attendance at any other hospital or asylum where any person is committed under the provisions of this Act, or if two or more surgeons of the police and fire departments, in the case of any person detained at any police station house or house of detention under the provisions of this Act, shall certify in writing to the Commissioners of the District of Columbia that such person is not insane or that he or she has recovered his or her reason, the official in charge of the Government Hospital for the Insane or the hospital or asylum in which such person is confined, or the major and superintendent of said Metropolitan police, if such person be confined in a police station house or in a house of detention, shall discharge such alleged insane person or person of unsound mind forth with and immediately report such action to the Commissioners of the District of Columbia. SEC. 5. That for the purposes of this Act no certificate as to the sanity or the insanity of any person shall be valid which has been issued (a) by a physician who has not been regularly licensed to practice medicine in the District of Columbia, unless he be a commissioned surgeon of the United States Army, Navy, or Public Health and Marine-Hospital Service; or (b) by a physician who is not à permanent resident of the District of Columbia; or (c) by a physician who has not been actively engaged in the practice of his profession for at least three years; or (d) by a physician who is related by blood or by marriage to the person whose mental condition is in question. Nor shall any certificate alleging the insanity of any person be valid which has been issued by a physician who is financially interested in the hospital or asylum in which the alleged insane person is to be confined, or who is professionally or officially connected therewith. SEC. 6. That any person who makes an affidavit, as required by section one or two of this Act, by which he or she secures or attempts to secure the apprehension, detention, or restraint of any other person in the District of Columbia without probable cause for believing such person to be insane or of unsound mind, or any physician who knowingly makes any false certificate as to the sanity or insanity of any other person shall, upon conviction thereof, be fined not more than five hundred dollars or imprisoned not more than three years, or both. SEC. 7. That all Acts and parts of Acts inconsistent with the provisions of this Act be, and the same are hereby, repealed. Approved, April 27, 1904. CHAP. 1619.-An Act For the cession of one hundred and twenty acres of land to the Beecher Island Battle Memorial Association. April 27, 1904. [H. R. 10101.] [Public, No. 178.] Preamble. Beecher Island Whereas the Beecher Island Battle Memorial Association is desirous of making a park and erecting a monument thereon of the land upon which was fought a memorable battle between the scouts and frontiermen on the one side and hostile Indians on the other: Now, therefore, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the northeast quarter Public lands. of the northeast quarter and the northwest quarter of the northeast Battle Memorial Assoquarter and the southwest quarter of the northeast quarter of section ciation, Colorado. twenty-one, township two south, range forty-three west of the sixth public park. principal meridian, is hereby ceded to the Beecher Island Battle Memorial Association, a corporation incorporated and organized under and by virtue of the laws of the State of Colorado, for the purpose of a public park, and in the event that the same shall not be used for a public park for three successive years the same shall revert to the Government. Declaration of forfeiture under this Act may be declared by the Secretary of the Interior. SEC. 2. That the Secretary of the Interior is hereby authorized to issue to the Beecher Island Battle Memorial Association a patent for said land, subject to the qualification herein contained. Approved, April 27, 1904. Lands ceded to, for Forfeiture. Patent. CHAP. 1620.-An Act To modify and amend an agreement with the Indians of the Devils Lake Reservation, in North Dakota, to accept and ratify the same as amended, and making appropriation and provision to carry the same into effect. April 27, 1904. Preamble. Whereas James McLaughlin, United States Indian inspector, did, on the second day of November, A. D. nineteen hundred and one, vation, N. Dak. make and conclude an agreement with the male adult Indians of the Devils Lake Reservation, in the State of North Dakota, which said agreement is in words and figures as follows: Agreement with Sioux Indians on, for of certain lands. This agreement made and entered on the second day of November, nineteen hundred and one, by and between James McLaughlin, U. S. cession Indian Inspector, on the part of the United States and the Sisseton, Wahpeton, and Cut-Head bands of the Sioux tribe of Indians belonging on the Devils Lake Reservation, in the State of North Dakota, witnesseth: ARTICLE I. The said Indians belonging on the Devils Lake Indian Reservation, North Dakota, for the consideration hereinafter named, do hereby cede, surrender, grant, and convey to the United States all their claim, right, title, and interest in and to all that part of the Devils Lake Indian Reservation now remaining unallotted, including the tract of land at present known as the Fort Totten Military Reserve, situated within the boundaries of the said Devils Lake Indian Reservation, and being a part thereof; except six thousand one hundred and sixty (6,160) acres required for allotments to sixty-one Indians of said reservation entitled to allotments, but to whom allotments have not yet been made, said sixty-one allotments to be made by the United States under the provisions of the general allotment act of February 8, 1887, as amended February 28th, 1891. ARTICLE II. In consideration of the land ceded, relinquished, and conveyed by Article I of this agreement, and in full of all claims and demands of said Indians of Devils Lake Reservation, North Dakota, arising or growing out of the erroneous survey of the western boundary of their reservation in eighteen hundred and seventy-five, whereby Lands to be ceded. Vol. 26, p. 794. Price. about sixty-four thousand (64,000) acres were excluded therefrom; also in full for timber taken from their reservation for use of the military post of Fort Totten, from eighteen hundred and sixty-seven (1867) to eighteen hundred and ninety (1890) (covering the period from the time of its establishment to the time of its discontinuance), the United States stipulates and agrees to pay to said Indians, in the manner hereinafter provided, the sum of three hundred and forty-five thousand (345,000) dollars. ARTICLE III. It is agreed that of the amount to be paid to said Indians, as stipulated in Article II of this agreement, the sum of one hundred and forty-five thousand (145,000) dollars shall be paid in cash, per capita, share and share alike, to each man, woman, and child belonging on the said Devils Lake Reservation, within four months after the ratification of this agreement, and the remainder of the said sum of three hundred and forty-five thousand dollars, viz, two hundred thousand (200,000) dollars, shall be paid in cash, per capita, in ten annual installments of twenty thousand (20.000 dollars each, the first of which installments to be paid in the month of June following the said first payment of one hundred and forty-five thousand (145,000) dollars, and in the month of June of each year thereafter of the succeeding nine years covering the period of the said ten annual installments. ARTICLE IV. It is understood that nothing in this agreement shall be construed to deprive the said Indians of the Devils Lake Reservation, North Dakota, of any benefits to which they are entitled under the existing treaties or agreements not inconsistent with the provisions of this agreement. ARTICLE V. This agreement shall take effect and be in force when signed by U. S. Indian Inspector James McLaughlin, and by a majority of the male adult Indians, parties hereto, and when accepted and ratified by the Congress of the United States. In witness whereof the said James McLaughlin, U. S. Indian Inspector, on the part of the United States, and the male adult Indians belonging to the Devils Lake Reservation, North Dakota, have hereunto set their hands and seals at the Devils Lake Agency, Fort Totten, North Dakota, this second day of November, A. D. nineteen hundred and one. We, the undersigned, hereby certify that the foregoing agreement was fully explained by us in open council to the Indians of the Devils Lake Reservation, N. Dak.; that it was fully understood by them before signing, and that the agreement was duly executed and signed by said Indians. CHARLES WHITE, DEVILS LAKE AGENCY, N. DAK., November 7, 1901. We, the undersigned, do hereby certify that we witnessed the sig natures of James McLaughlin, U. S. Indian Inspector, and the two hundred and sixteen (216) Indians of the Devils Lake Reservation, North Dakota, to the foregoing agreement. F. RABINNOVITZ, Agency Clerk. IGNATIUS Court, Postmaster, Fort Totten, N. Dak. DEVILS LAKE AGENCY, N. DAK., November 7, 1901. I certify that the total number of male adult Indians, over eighteen (18) years of age, belonging on the Devils Lake Reservation, North Dakota, is two hundred and ninety-six (296), of whom two hundred and sixteen (216) have signed the foregoing agreement. F. O. GETCHELL, DEVILS LAKE AGENCY, N. DAK., November 7, 1901. Therefore, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That said agreement be, and the same is hereby, modified and amended to read as follows: ed. Agreement amend. Lands ceded. "ARTICLE I. The said Indians belonging on the Devils Lake Indian Sale of lands. "ART. II. In consideration of the land ceded, relinquished, and conveyed by article one of this agreement, and in full of all claims and demands of said Indians of Devils Lake Reservation, North Dakota, arising or growing out of the erroneous survey of the western boundary of their reservation in eighteen hundred and seventy-five, whereby about sixty-four thousand acres were excluded therefrom; also in full for timber taken from their reservation for use of the military post of Fort Totten, from eighteen hundred and sixty-seven to eighteen hundred and ninety (covering the period from the time of its establishment to the time of its discontinuance), the United States stipulates and agrees to dispose of the said lands to settlers under the provisions of the homestead and town-site laws, except sections sixteen and thirtysix, or an equivalent of two sections, in each township, and except such lands as may be reserved, as hereinafter provided, and to pay to said Indians the proceeds derived from the sale of said lands; and also School, etc., lands. the United States stipulates and agrees to pay for sections sixteen and thirty-six, or an equivalent of two sections, in each township, and for such lands as may be reserved for school, agency, church, and mission purposes, at the rate of three dollars and twenty-five cents per acre. "ART. III. It is agreed that out of the funds accruing from the sale of the said lands there shall be paid to the said Indians, in cash, per capita, share and share alike, to each man, woman, and child belonging on the said reservation, within four months after the date of the proc VOL XXXIII. PT 1--21* Payment. Price per acre. Per capita distribu tion. |