per cent per annum, shall be at all times subject to appropriation by Congress for the education and civilization of such tribe or tribes of Indians or the members thereof. . . . And if any religious society or other organization is now occupying any of the public lands to which this act is applicable, for religious or educational work among the Indians, the Secretary of the Interior is hereby authorized to confirm such occupation to such society or organization, in quantity not exceeding one hundred and sixty acres in any one tract, so long as the same shall be so occupied, on such terms as he shall deem just; but nothing herein contained shall change or alter any claim of such society for religious or educational purposes heretofore granted by law. And hereafter in the employment of Indian police, or any other employes in the public service among any of the Indian tribes or bands affected by this act, and where Indians can perform the duties required, those Indians who have availed themselves of the provisions of this act and become citizens of the United States shall be preferred.

SEC. 6. That upon the completion of said allotments and the patenting of the lands to said allottees, each and every member of the respective bands or tribes of Indians to whom allotments have been made shall have the benefit of and be subject to the laws, both civil and criminal, of the State or Territory in which they may reside; and no Territory shall pass or enforce any law denying any such Indian within its jurisdiction the equal protection of the law. And every Indian born within the territorial limits of the United States to whom allotments shall have been made under the provisions of this act, or under any law or treaty, and every Indian born within the territorial limits of the United States who has voluntarily taken up, within said limits, his residence separate and apart from any tribe of Indians therein, and has adopted the habits of civilized life, is hereby declared to be a citizen of the United States, and is entitled to all the rights, privileges, and immunities of such citizens, whether said Indian has been or not, by birth or otherwise, a member of any tribe of Indians within the territorial limits of the United States without in any manner

impairing or otherwise affecting the right of any such Indian to tribal or other property.

SEC. 7. [The Secretary of the Interior to prescribe rules for use of waters for irrigation.]

SEC. 8. That the provision of this act shall not extend to the territory occupied by the Cherokees, Creeks, Choctaws, Chickasaws, Seminoles, and Osage, Miamies and Peorias, and Sacs and Foxes, in the Indian Territory, nor to any of the reservations of the Seneca Nation of New York Indians in the State of New York, nor to that strip of territory in the State of Nebraska adjoining the Sioux Nation on the south added by executive order.

SEC. 9. [Appropriation for surveys.]

SEC. 10. That nothing in this act contained shall be so construed as to affect the right and power of Congress to grant the right of way through any lands granted to an Indian, or a tribe of Indians, for railroads or other highways, or telegraph lines, for the public use, or to condemn such lands to public uses, upon making just compensation.

SEC. 11. That nothing in this act shall be so construed as to prevent the removal of the Southern Ute Indians from their present reservation in Southwestern Colorado to a new reservation by and with the consent of a majority of the adult male members of said tribe.

APPROVED, February 8, 1887.

No. 116. Ownership of Real Estate in the

Territories

March 3, 1887

A BILL to restrict the ownership of real estate in the Territories to American citizens was introduced in the House, January 11, 1886, by Lewis E. Payson of Illinois, and referred to the Committee on Public Lands. The bill was not reported until July 31; the same day it passed the House, the vote being 210 to 6, 106 not voting. The Senate passed the bill with amend

ments August 4. The House referred the amended bill, and the session closed without further action. December 9 the amendments of the Senate were disagreed to, and the bill went to a conference committee. The report of the committee was agreed to by the Senate February 26, 1887, and by the House two days later. With the act should be compared the act of March 2, 1897 (No. 127, post).

REFERENCES. Text in U.S. Statutes at Large, XXIV, 476, 477. For the proceedings see the House and Senate Journals, 49th Cong., 1st and 2d Sess., and the Cong. Record. The text of the House bill is in the Record, July 31, 1886. Various statistical exhibits regarding the ownership of land in the United States by aliens are to be found in the debates.

An act to restrict the ownership of real estate in the Territories to American citizens, and so forth.

Be it enacted That it shall be unlawful for any person or persons not citizens of the United States, or who have not lawfully declared their intention to become such citizens, or for any corporation not created by or under the laws of the United States or of some State or Territory of the United States, to hereafter acquire, hold, or own real estate so hereafter acquired, or any interest therein, in any of the Territories of the United States or in the District of Columbia, except such as may be acquired by inheritance or in good faith in the ordinary course of justice in the collection of debts heretofore created: Provided, That the prohibition of this section shall not apply to cases in which the right to hold or dispose of lands in the United States is secured by existing treaties to the citizens or subjects of foreign countries, which rights, so far as they may exist by force of any such treaty shall continue to exist so long as such treaties are in force, and no longer.

SEC. 2. That no corporation or association more than twenty per centum of the stock of which is or may be owned by any person or persons, corporation or corporations, association or associations, not citizens of the United States, shall hereafter acquire or hold or own any real estate hereafter acquired in any of the Territories of the United States or of the District of Columbia.

SEC. 3. That no corporation other than those organized for the construction or operation of railways, canals, or turnpikes shall

acquire, hold, or own more than five thousand acres of land in any of the Territories of the United States; and no railroad, canal, or turnpike corporation shall hereafter acquire, hold, or own lands in any Territory, other than as may be necessary for the proper operation of its railroad, canal, or turnpike, except such lands as may have been granted to it by act of Congress. But the prohibition of this section shall not affect the title to any lands now lawfully held by any such corporation.

SEC. 4. That all property acquired, held, or owned in violation of the provisions of this act shall be forfeited to the United States, and it shall be the duty of the Attorney-General to enforce every such forfeiture by bill in equity or other proper process. And in any suit or proceeding that may be commenced to enforce the provisions of this act, it shall be the duty of the court to determine the very right of the matter without regard to matters of form, joinder of parties, multifariousness, or other matters not affecting the substantial rights either of the United States or of the parties concerned in any such proceeding arising out of the matters in this act mentioned.

APPROVED, March 3, 1887.

No. 117.

Retirement of the Trade Dollar

March 3, 1887

A BILL for the retirement and re-coinage of the trade dollar, whose legal tender character had been taken away by the act of July 22, 1876 [No. 100], was introduced in the Senate, December 8, 1885, by John I. Mitchell of Pennsylvania, and referred to the Committee on Finance, in whose hands it remained throughout the session. December 14, 1886, the bill was reported with amendments, and on the 17th passed the Senate. The House referred the bill to the Committee on Coinage, Weights and Measures, which reported it, January 15, 1887, without amendment. February 12 a substitute offered by Samuel W. T. Lanham of Texas was agreed to, and the bill passed, the final vote being 174 to 36. The bill received its final form from a conference committee. The report of the committee was agreed to February 19, in the

Senate by a vote of 49 to 5, and in the House without a division. The bill became law without the approval of the President.

REFERENCES. Text in U.S. Statutes at Large, XXIV, 634, 635. For the proceedings see the House and Senate Journals, 49th Cong., 1st and 2d Sess., and the Cong. Record. The report submitted in the House January 15, 1887, is House Report 3616, 49th Cong., 2d Sess.

An act for the retirement and recoinage of the trade-dollar.

Be it enacted That for a period of six months after the passage of this act, United States trade-dollars, if not defaced, mutilated, or stamped, shall be received at the office of the Treasurer, or any assistant treasurer of the United States in exchange for a like amount, dollar for dollar, of standard silver dollars, or of subsidiary coins of the United States.

SEC. 2. That the trade-dollars received by, paid to, or deposited with the Treasurer or any assistant treasurer or national depositary of the United States shall not be paid out or in any other manner issued, but, at the expense of the United States, shall be transmitted to the coinage mints and recoined into standard silver dollars or subsidiary coin, at the discretion of the Secretary of the Treasury: Provided, That the trade-dollars recoined under this act shall not be counted as part of the silver bullion required to be purchased and coined into standard dollars as required by the act of February twenty-eighth, eighteen hundred and seventyeight.

SEC. 3. That all laws and parts of laws authorizing the coinage and issuance of United States trade-dollars are hereby repealed.

No. 118. Anti-Polygamy Act

March 3, 1887

IN his annual message of December 8, 1885, President Cleveland called attention to the continued spread of Mormonism and polygamy, and the need of further legislation. On the same day a bill to amend the act of March 22, 1882 [No. 105], was introduced in the Senate by Edmunds of Vermont. On