§ 685. (Act March 2, 1887, c. 320, § 1.) Report of expenditure of general Indian education fund.

* *

For support of Indian day and industrial schools, and for other educational purposes not hereinafter provided for, The Secretary of the Interior shall report annually, on or before the first Monday of December of each year, in what manner and for what purposes the general education fund for the preceding fiscal year has been expended; and said report shall embrace the number and kind of school-houses erected, and their cost, as well as cost of repairs, names of every teacher employed, and compensation allowed, the location of each school, and the average attendance at each school. (24 Stat. 465.)

This was a provision of the Indian appropriation act for the fiscal year 1888, cited above.

A provision in the same language was made by each of the similar acts for the two years preceding, Act March 3, 1885, c. 341, § 1, 23 Stat. 381, and Act May 15, 1886, c. 333, § 1, 24 Stat. 44.

§ 686. (Act April 4, 1910, c. 140, § 1.) Account of cost of survey and allotment work on Indian reservations.

Hereafter the Secretary of the Interior shall transmit to Congress annually on the first Monday in December a cost account for the preceding fiscal year of all survey and allotment work on Indian reservations. (36 Stat. 370.)

This was a proviso, annexed to a requirement that the Secretary should cause to be stated annual accounts between the United States and each tribe of Indians arising under reimbursable appropriations, in the Indian appropriation act for the fiscal year 1911, cited above.

Said preceding provision of this act, requiring statements of such annual accounts, is set forth, post, § 4080.

Subsequent provisions for reports of the expenditure of funds and appropriations for benefit of Indians made by Act March 3, 1911, c. 210, § 1, are set forth, post, §§ 687-689, and post, §§ 4124, 4125.

§ 687. (Act March 3, 1911, c. 210, § 1.) Report of expenditure for Indian school and agency buildings, etc.

For construction, lease, purchase, repairs, and improvements of school and agency buildings, and for sewerage, water supply, and lighting plants, and for purchase of school sites, * * Provided, That the Secretary of the Interior shall report annually to Congress the amount expended at each school and agency for the purposes herein authorized. (36 Stat. 1060.)

This paragraph and the paragraph next following were provisions of the Indian appropriation act for the fiscal year 1912, cited above.

§ 688. (Act March 3, 1911, c. 210, § 1.) Account of use of appropriations for agricultural experiments on Indian schools or agency farms.

To conduct experiments on Indian school or agency farms designed to test the possibilities of soil and climate in the cultivation of trees, grains, vegetables, and fruits, for the purposes of preserving living and growing timber on Indian reservations and allotments, and to advise the Indians as to the proper care of forests: * * Provided still further, That hereafter the Secretary of the Interior shall transmit to Congress annually on the first Monday in December a cost account for the preceding fiscal year relating to the use of appropriations made for the purposes herein provided for. (36 Stat. 1060.)

See note to preceding paragraph of this section, ante, § 687.

A further proviso, annexed to an appropriation in this section for a fund for encouraging agricultural industry among Indians, requiring the Secretary to submit annually a detailed report of the use of the fund, is set forth, with said provisions as to said fund and subsequent similar provisions of Act June 30, 1913, c. 4, § 1, post, §§ 4124, 4125.

§ 689. (Act March 3, 1911, c. 210, § 27.) Statement of fiscal affairs of Indian tribes for whose benefit expenditures are made. Annually, on the first Monday in December, the Secretary of the Interior shall transmit to the Speaker of the House of Representatives a statement of the fiscal affairs of all Indian tribes for whose benefit expenditures from either public or tribal funds shall have been made by any officer, clerk, or employee in the Interior Department during the preceding fiscal year; and such statement shall Show (1) the total amount of all moneys, from whatever source derived, standing to the credit of each tribe of Indians, in trust or other vise, at the close of such fiscal year; (2) an analysis of such credits, by funds, showing how and when they were created, whether by treaty stipulation, agreement, or otherwise; (3) the total amount of disbursements from public or trust funds made on account of each tribe of Indians for such fiscal year; and (4) an analysis of such disbursements showing the amounts disbursed (a) for per capita payments in money to Indians, (b) for salaries or compensation of officers and employees, (c) for compensation of counsel and attorney's fees, 【d) for support and civilization. (36 Stat. 1077.)

and

This section was part of the Indian appropriation act for the fiscal year 1912, cited above.

The Secretary of the Treasury is required to annually transmit to the Speaker of the House of Representatives estimates of the amounts of the receipts to, and expenditures which the Secretary of the Interior recommends to be made for the benefit of Indians from, all tribal funds of Indians for the ensuing year, by a provision in Act May 18, 1916, c. 125, § 27, ante, § 398a.

Expenditures from Indian tribal funds without specific appropriations by Congress, except in certain specified cases, are prohibited by another provision in Act May 18, 1916, c. 125, § 27, post, § 4077a.

The Secretary of the Interior is to install in the Bureau of Indian affairs a system of bookkeeping, which will afford a ready analysis of expenditures by appropriations and allotments and by units of the service, by Act June 30, 1916, c. 4, § 26, post, § 6789. Said section also provides that a detailed statement of expenditures as described in said system shall be incorporated in the annual report of the Commissioner of Indian Affairs. Said section also Provides that before any appropriation for the Indian service is obligated or expended the Secretary of the Interior shall make allotments thereof in conformity with the intent and purposes of the act (the Indian appropriation act), and that such allotments shall not be modified or altered except with the approval of the Secretary of the Interior. Said section further provides that the estimates for appropriations for the Indian Service submitted by the Secretary of the Interior shall be accompanied by a detailed statement, classified in accordance with the said system of bookkeeping, showing the purposes for which the appropriations are required.

§ 690. (R. S. § 446.) Commissioner of the General Land-Office. There shall be in the Department of the Interior a Commissioner of the General Land-Office, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of [four thousand dollars] a year.

Act April 25, 1812, c. 68, § 11, 2 Stat. 717. Act July 4, 1836, c. 352, § 1, 5 Stat. 107. Act March 3, 1873, c. 226, § 3, 17 Stat. 508.

The salary of the Commissioner, having been increased from $3,000 to $4,000, by the provision of Act March 3, 1873, c. 226, § 3, incorporated into this section of the Revised Statutes, and cited above, was reduced to $3,000, and the words of this section inclosed in brackets, "four thousand dollars," were superseded, by the repeal of so much of that act as increased the amount, by Act Jan. 20, 1874, c. 11, 18 Stat. 4. Subsequent appropriations were for increased amounts. The appropriation for the Commissioner for the fiscal year 1917, was $5,000, by Act May 10, 1916, c. 117, § 1, 39 Stat.

All laws or parts of laws inconsistent with rates of salaries or compensation appropriated by the legislative, executive, and judicial appropriation acts are repealed, and the rates of salaries or compensation of officers or employés appropriated for in said acts are to constitute the rate of salary or compensation of such officers or employés, respectively, until otherwise fixed by an annual rate of appropriation or other law, by Act July 16, 1914, c. 141, § 6, post, § 3228a.

The officers and employés of the United States whose salaries are appropriated for in the legislative, executive, and judicial appropriation act for the fiscal year 1916, Act March 4, 1915, c. 141, 38 Stat. 1049, are established and continued from year to year to the extent that they are appropriated for by Congress, by § 6 of said Act, post, § 3228b.

Unless otherwise specially authorized by law, no money appropriated by any act shall be available for payment to any person receiving more than one salary, when the combined amount of said salaries exceeds $2,000 per annum, with certain enumerated exceptions, by Act May 10, 1916, c. 117, § 6, as amended by Act Aug. 29, 1916, c. 417, post, § 3230a.

Notes of

Establishment of the office.-The General Land Office, when first established by Act April 25, 1812, c. 68, 2 Stat. 716, was made a bureau in the Department of the Treasury. Act July 4, 1836, c. 352, 5 Stat. 107, reorganizing the office, enacted that the executive duties appertaining to the surveys and sale of the public lands, etc., should be subject to the supervision and control of the Commissioner of the General Land Office, under the direction of the President. Section 3 of Act March 3, 1849, c. 108, 9 Stat. 395, establishing the Department of the Interior, provided that

Decisions

the Secretary of the Interior should perform all the duties of supervision and appeal, in relation to the General Land Office, theretofore discharged by the Secretary of the Treasury. Snyder v. Sickles (1878) 98 U. S. 210. And see Patterson v. Tatum (C. C. 1874) Fed. Cas. No. 10,830; (1836) 3 Op. Atty. Gen. 137.

Cited without definite application, Stoneroad v. Stoneroad (1895) 15 Sup. Ct. 822, 158 U. S. 240, 39 L. Ed. 966; U. S. v. Schlierholz (D. C. 1904) 133 Fed. 333.

§ 691. (Act July 11, 1890, c. 667, § 1.) Assistant Commissioner of the General Land-Office.

General Land Office: * * One assistant commissioner, to be appointed by the President, by and with the advice and consent of the Senate, who shall be authorized to sign such letters, papers, and documents, and to perform such other duties as may be directed by the Commissioner, and shall act as Commissioner in the absence of that officer, or in case of a vacancy in the office of Commissioner, three thousand five hundred dollars. (26 Stat. 257.)

This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1891, cited above. It was repeated in the similar acts

for each year following, down to 1911. The subsequent acts contain merely the appropriation, "Assistant Commissioner," $3,500. The provision for the fiscal Year 1917 was by Act May 10, 1916, c. 117, § 1, 39 Stat.

See notes to § 690, ante.

A provision of R. S. § 448, that the chief clerk of the General Land-Office should perform the duties of the Commissioner in case of a vacancy in that office, or of the absence or sickness of the Commissioner, may be regarded as Superseded by this provision; and that section was repealed by Act March 2, 1895, c. 177, § 3, 28 Stat. 807.

By the same act the Assistant Commissioner was to perform the duties of the Recorder, which had been imposed, by R. S. § 459, on the Principal Clerk on Private Land Claims, in case of vacancy in the office or sickness or absence of the Recorder; the office of Principal Clerk on Private Land Claims being abolished by that act. But all these provisions may be regarded as superseded by the provisions for designation of an officer or employé to perform temporarily the duties of Recorder, contained in Act May 22, 1908, c. 186, § 1, post, 694.

Recent appropriations provide for a "depositary acting for the Commissioner as receiver of public moneys, $2,000," who may, with the approval of the commissioner, designate a clerk of the General Land Office to act as such depositary in his absence. The provision for the fiscal year 1917 was by Aet May 10, 1916, c. 117, § 1, 39 Stat.

§ 692.

Office

(Act May 22, 1908, c. 186, § 1.) Designation of temporary Assistant Commissioner. Hereafter the Secretary of the Interior be, and he is hereby, authorized to designate an officer or employee of the General Land to act temporarily as Assistant Commissioner of that Office during the absence of the Assistant Commissioner, or in case of a vacancy in the office of such Assistant Commissioner, or when such Assistant Commissioner is acting as Commissioner, and all acts performed by any officer or employee while acting under such designation shall have the same force and effect as if performed by said Commissioner or Assistant Commissioner. (35 Stat. 225.)

This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1909, cited above.

§ 693. (R. S. § 447.) Recorder of General Land-Office.

There shall be in the General Land-Office an officer called the Recorder of the General Land-Office, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of two thousand dollars a year.

Act July 4, 1836, c. 352, § 4, 5 Stat. 111. Act March 3, 1837, c. 33, § 1, 5 Stat. 163, 164.

The designation of an officer or employé to perform temporarily the duties of the Recorder was authorized by a provision of Act May 22, 1908, c. 186, § 1, post, § 694.

See notes to § 690, ante.

Cited

Stoneroad

without definite application,

v. Stoneroad (1895) 15 Sup.

Ct. 822, 158 U. S. 240, 39 L. Ed. 966;

U. S. v. Schlierholz (D. C. 1904) 133
Fed. 333.

§ 694. (Act May 22, 1908, c. 186, § 1.) Designation of temporary

Recorder.

Hereafter the Secretary of the Interior be, and he is hereby, authorized to designate an officer or employee of the General Land Office to perform temporarily the duties of the Recorder of that office in the absence of that officer and in the case of a vacancy in the office of such Recorder, and the acts of any person so designated shall have all the force and effect of an act performed by the Recorder. (35 Stat. 225.)

This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1909, cited above.

Before this provision the duties of the office of Recorder, in case of a vacancy, or of his sickness or absence, were to be performed by the Assistant Commissioner, by provisions of R. S. § 459, and Act March 2, 1895, c. 177, §3, 28 Stat. 807, which may be regarded as superseded by this provision.

(R. S. §§ 448, 449. Repealed.)

These sections provided for the offices, in the General Land-Office, of Principal Clerk of the Public Lands, Principal Clerk on Private Land Claims, and Principal Clerk of the Surveys, and prescribed their salaries and duties. Both sections, with R. S. § 2452, were repealed by Act March 2, 1895, c. 177, § 3, 28 Stat. 807.

§ 695. (R. S. § 450.) Secretary to the President to sign land pat

ents.

The President is authorized to appoint, from time to time, by and with the advice and consent of the Senate, a secretary, at a salary of one thousand five hundred dollars a year, whose duty it shall be, under the direction of the President, to sign in his name, and for him, all patents for land sold or granted under the authority of the United States.

Act July 4, 1836, c. 352, § 6, 5 Stat. 111.

The duties prescribed by this section are to be discharged by an executive clerk, under a provision of Act June 19, 1878, c. 329, § 1, post, § 697.

Recent appropriations provide, in the office of the Secretary of the Interior, for a "female clerk, to be designated by the President, to sign land patents, $1,200." The provision for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, 39 Stat.

See notes to § 690, ante.

Notes of Repeal of provision for appointment of Secretary to sign patents. The provision of Act June 19, 1878, § 1, post, § 697, for the discharge of the duties prescribed by this section by one of the executive clerks, did not wholly repeal this section. The provision in respect to the duty of signing, for the President, his name to patents for land, was not repealed; but in respect to the officer who was to perform that duty, it was repealed, being repugnant to the later statute. (1882) 17 Op. Atty. Gen. 305. Mode of signing patents.-The provision of Act July 4, 1836, § 6, incorporated in this section, was sufficiently com

§ 696. (R. S. § 451.) Assistant secretary to sign land patents. If at any time the number of patents for lands sold or granted under the authority of the United States, is such that they cannot be signed within a reasonable time by the secretary appointed under the preceding section, the President may appoint an assistant secretary to sign the same, but such assistant shall be employed by the express direction of the President, and only for such time as may be necessary to bring up the arrears of patents which may be ready for signature.

Act Jan. 26, 1848, c. 4, 9 Stat. 209.

An executive clerk, designated by the President, is authorized to sign land patents, by Act June 19, 1878, c. 329, § 1, post, § 697.

Notes of Decisions

See (1857) 9 Op. Atty. Gen. 17.

Effect of provision for executive clerk to sign patents.-This section was not materially affected by the provision of Act June 19, 1878, § 1, for designation of an executive clerk to discharge the duties prescribed by R. S. § 450, ante, § 695. If the condition set forth in this section exists, the President may appoint an assistant to aid in the work. (1882) 17 Op. Atty. Gen. 305.

Compensation of Assistant Secretary. -A clerk in the General Land Office, receiving an annual salary, was not entitled to additional compensation for services as assistant secretary to sign land patents, by appointment of the President. (1863) 10 Op. Atty. Gen. 442.

Cited without definite application, Stoneroad v. Stoneroad (1895) 15 Sup. Ct. 822, 158 U. S. 240, 39 L. Ed. 966; U. S. v. Schlierholz (D. C. 1904) 133 Fed. 333.