3. That the said irrigation company is hereby granted sufficient
land on said reservation for reservoirs for the storage of water to be
used during the dry season, and for right of way connecting said storage
reservoirs with said irrigation canal, and shall have the right to locate,
construct, and maintain the same under the same terms and restrictions
provided herein for the right of way of said canal.
SEC. 4. That the right of way hereby granted to said company shall be 75 feet in width on each side of the central line of said canal as aforesaid; and said company shall also have the right to take from said lands adjacent to the line of said canal material, stone, earth, and timber necessary for the construction of said canal.
SEC. 5 That it shall be the duty of the Secretary of the Interior to fix the amount of compensation to be paid individual members of the tribe for damages sustained by them by reason of the construction of said canal, and to provide the time and manner for the payment thereof; but no right of any kind shall vest in said irrigation company in or to any part of the right of way herein provided for until plats thereof made upon actual survey for the definite location of such canal shall be filed with and approved by the Secretary of the Interior, which approval shall be made in writing, and be open for the inspection of any party interested therein; and the survey, construction, and operation of such canal shall be conducted with due regard for the rights of the Indians, and in accordance with such rules and regulations as the Secretary of the Interior may make to carry out this provision.
SEC. 6. That said company shall not assign to transcribe or mortgage this right of way for any purpose whatever until said canal shall be completed: Provided, That the company may mortgage said franchise for money to construct and complete said canal: And provided further, That the right herein granted shall be lost and forfeited by said company to any portion of said canal not completed within five years from the passage of this act.
SEC. 7. That said irrigation company shall accept this right of way upon the express condition, binding upon itself, its successors, or assigns that they will not attempt to secure from the Indian tribe any further grant of land or its occupancy than is hereinbefore provided: Provided, That any violation of the conditions mentioned in this section shall operate as a forfeiture of all the rights and privileges of said irrigation company under this act: Provided further, That the rights herein granted are upon the express condition that the grantee or grantees thereof shall at all times during continuance thereof furnish the Indian allottees along said right of way with water sufficient for all domestic and agricultural purposes and purposes of irrigation, on such terms and under such rules and regulations as shall be prescribed by the Secretary of the Interior.
The SPEAKER. Is there objection to the present consideration of the bill?
There was no objection.
The Committee on Indian Affairs recommended the following amendment:
On page 3, section 6, after the word "act," in line 8, insert:
"Provided further, That one-fourth of said canal shall be completed in two years from the date of approval of this act."
The amendment recommended by the committee was agreed to.
Mr. WILSON of Washington. Mr. Speaker, in order to perfect the bill I desire to offer an amendment which will bring it under the report of the special agent who has examined this question.
The Clerk read as follows:
On page 4, line 15, after the word "Interior" insert:
"Provided further, That the Indians who have or may have allotments along said right of way shall have water for irrigation and domestic purposes free."
The amendment was agreed to.
The bill as amended was ordered to be engrossed and read a third time; and being engrossed, was accordingly read the third time, and passed.
On motion of Mr. WILSON of Washington, a motion to consider the last vote was laid on the table.
MESSAGE FROM THE PRESIDENT.
A message in writing from the
President of the United States was communicated to the House by Mr. PRUDEN,
one of his secretaries, who also informed the House that the President
had approved and signed bills and joint resolutions of the following titles:
On May 4. 1894:
An act (H. R. 5065) to ratify the reservation of certain lands made for the benefit of Oklahoma Territory, and for other purposes.
On May 5, 1894:
Joint resolution (H. Res. 150) providing for partial payments for work, etc., for vessels constructed under the direction of the Secretary of the Treasury.
On May 7, 1894:
An act (H. R. 6442) to protect the birds and animals in yellowstone National Park, and to punish crimes in said park, and for other purposes;
An act (H. R. 6055) to authorize the construction of a bridge over the Monongahela River, in the city of Pittsburg; and
An act (H. R. 6073) to extend the limits of the port of New York.
CLAIMS IN FAVOR OF CERTAIN COUNTIES IN ARIZONA.
Mr. SMITH of Arizona.
I ask unanimous consent for the present consideration of House resolution
121, authorizing proper officers of the Treasury Department to examine
and certify claims in favor of certain counties in Arizona.
The joint resolution was read, as follows:
Resolved, etc., That the First Auditor and the First Comptroller of the Treasury be, and they are hereby, authorized to examine all claims which may be presented in proper form by the different counties in Arizona Territory, and to ascertain the amount due to each of said counties on account of legal costs and expenses incurred from March 3, 1889, to June 30, 1893, in the prosecution of Indians under the act of March 3, 1885, 23d Statutes, page 385, for which the United States is liable under act of March 3, 1889, Statutes at Large, volume 25, page 1004: and which have been paid by said counties; and the amounts so found due shall be certified by the Secretary of the Treasury to the Speaker of the House of Representatives for a deficiency appropriation.
Mr. SAYERS. Mr. Speaker, I should like to have some explanation in regard to this resolution.
Mr. SMITH of Arizona. Mr. Speaker, this resolution was drawn at the suggestion of the First Auditor and the First Comptroller of the Treasury, they being unable to audit certain claims under the act of March 2, 1889, for the trial of Indians charged with crime in Arizona. The Supreme Court has decided that all Indians committing crimes on or off reservations should be tried in the Territorial court. That threw the expense of the trial of Indians on the taxpayers of Arizona. I had a provision put into the appropriation bill here referred to, of March 2, 1889, which required the Government to pay expenses incurred in the trial of these Indians.
Mr. SAYERS. Now, I want to ask the gentleman if the accounts referred to here do not embrace expenses for the keeping of these Indians after conviction?
Mr. SMITH of Arizona. No, sir; not at all. The recommendation of the First Auditor is:
I have to suggest that the various counties which have paid expenses in these prosecutions make out and forward their accounts as soon as practicable, and that a special appropriation be made to cover the amount of such expenses. The claims are no doubt just and should be paid, and in making such special appropriation the Government is not assuming any additional liability, but only repaying to the counties moneys which such counties have expended in payment of the obligations of the United States.
The difficulty with the Auditor and the Comptroller is that they can not, under the requirements of the Department, get the certification of the sheriff that he made the arrest and of the coroner that he held the inquest over the remains of each man killed, and paid the usual expenses attending these cases, because many of the sheriffs are dead.
Many have left the country and these expenses have been charged as accounts against the different counties, and the counties have paid the money; and the Auditor and Comptroller only ask that, on the proper proof by these counties, these claims shall be allowed according to the act which says that--
Hereafter the costs of the cases in the courts of the several Territories, tried pursuant to and for offenses named * * * shall be audited by the accounting officers of the Treasury and paid out of money for similar expenses in the trial of criminal cases in the courts of the United States.
Mr. SAYERS. Mr. Speaker, another question. I understand, then, from the gentleman from Arizona that if these accounts had been certified to by the officers by whom they were contracted, then there would have been no difficulty in the Treasury Department as to the certification for their allowance to Congress.
Mr. SMITH of Arizona. None whatever, if the mistake had not been made in these trials of filing charges against the counties instead of against the United States. The Supreme Court have held that in trials of Indians charged with crime the Territorial courts alone have jurisdiction, and the officers naturally would put the claims against the county instead of making out the same kind of a claim and filing it against the United States. These officers have been paid by the counties. many of them have gone away, and some of them have died. It is, however, the same kind of proof that the counties require of these officers before they are allowed to be paid which the Government requires of its officers for similar services.
Mr. SAYERS. How much is involved in this resolution?
Mr. SMITH of Arizona. I do not know; but I think there are several thousand dollars.
Mr. SAYERS. How many thousands, would you estimate?
Mr. SMITH of Arizona. I do not know; possibly $7,000 or $8,000; but I can not be specific; probably much more.
Mr. DINGLEY. I would like to ask if these accounts have been approved by the Department of Justice?
Mr. SMITH of Arizona. There is one of the difficulties. The sheriff would have had to send an account, like a marshal, to the Department of Justice. The judge and jury accounts would have had to go to the Treasury Department. These accounts have all gone to the counties and been paid by them. The Attorney-General, in a letter to the First Auditor of the Treasury, dated October 5, says:
The acts referred to by you provide for the cost of trying Indians in Territorial courts for certain crimes committed within or without any reservation, or within the Territory, in the same manner as are all other persons.
The act of March 2, 1889, section 11, directs the payment of the cost of prosecution: "Hereafter the cost of the trial of the cases in the courts of the several Territories tried pursuant to and for offenses named * * * shall be audited by the accounting officers of the Treasury and paid out of money for similar expenses in the trial of criminal cases in the courts of the United States." After looking over the facts it is not seen how the Attorney-General has any authority in this matter.