Reporter's Statement of the Case 105 C. Cls. pp. 3865-3869, Vol. 7), which sum was deposited into the appropriated fund entitled "Civilization of the Sioux" (page 302, Vol. 1). To this sum was added $13,456.62, representing the proceeds of the sale of wagon covers and other miscellaneous property, making available to June 30, 1925, the sum of $8,462,270.23. This $13,456.62 was included in disbursements to the Sioux. These funds were accounted for in the manner following: (a) Erroneously transferred to the Sioux fund, "Cheyenne River Reservation 3% Fund". (b) Disbursed as Sioux benefits under sec. 17.. Transferred to Surplus--- Balance in fund June 30, 1925.. Total (G. A. O. report, p. 302). $17, 280.00 8, 440, 786. 16 3, 565. 37 638.70 8, 462, 270. 23 (a) On June 2, 1916, the fiscal officer for the Cheyenne River agency purchased 320 head of two-year-old heifers for sale to Indians of that reservation under the reimbursable regulations from the "Cheyenne River Reservation 3% Fund," at an average cost of $54 a head, totalling the value of $17,280. By authority of the Commissioner of Indian Affairs, F. C. Campbell, Superintendent of the Cheyenne River Agency, issued these heifers to Indians of that reservation as benefits under sec. 17 of the act of March 2, 1889. In the last quarter of the fiscal year 1917, a transfer of funds in his custody was effected in his settlement, returning the amount of $17,280 to the "Cheyenne River Reservation 3% Fund" and reporting the expenditure from the appropriated fund, "Civilization of the Sioux." In August of the same year the Auditor for the Department of the Interior issued a transfer voucher for like amount, and in the same manner a transfer was made in the funds held in the United States Treasury. As the accounting stands, up to June 30, 1925, there remains a duplicate transfer of $17,280, representing an amount due the United States from the trust fund "Cheyenne River Reservation 3% Fund." (b) Expenditures of $8,440,786.16 for the benefit of Sioux Indians, under the provisions of Section 17 of the act of 658 Reporter's Statement of the Case March 2, 1889 (25 Stat. 894-895), as amended by the act of June 10, 1896 (29 Stat. 334) and the act of June 21, 1906 (34) Stat. 325), who qualified for such benefits by taking his or her allotment of land in severalty, and otherwise, are summarized for the fiscal years 1893 to 1925, inclusive, in the following table: The following tabulation reflects the distribution of benefits to Sioux Indians, according to their tribal membership, from continuing appropriations under sec. 17, act of 1889, of $8,427,329.54 under the title "Civilization of the Sioux": 105 C. Cls. Reporter's Statement of the Case EDUCATIONAL EXPENDITURES FOR THE SIOUX UNDER THE ACT AND AGREEMENT OF 1889 16. Educational expenditures were made by the United States for the benefit of the various tribes of the Sioux Nation under the act and agreement of March 2, 1889. This act contains two separate provisions for educational benefits to the Sioux. Sec. 20 (25 Stat. 896) reads: That the Secretary of the Interior shall cause to be erected not less than thirty school houses, and more, if found necessary, on the different reservations, at such points as he shall think for the best interest of the Indians, but at such distance only as will enable as many as possible attending schools to return home nights, as white children do attending district schools: And provided, That any white children residing in the neighborhood are entitled to attend the said school on such terms as the Secretary of the Interior may prescribe. Congress provided $30,000 to fulfill sec. 20 of the act of March 2, 1889 (25 Stat. 896), by the following appropriations: Act of August 19, 1890 (26 Stat. 349) For the erection of fifteen school buildings, being in part compliance with the requirements of section twenty of the above-mentioned act of March second, eighteen hundred and eighty-nine, fifteen thousand dollars. Act of January 19, 1891 (26 Stat. 720) For the erection of fifteen school buildings, provided for in article twenty of the above-mentioned act of March second, eighteen hundred and eighty-nine, fifteen thou sand dollars. Expenditures from the above funds were made under the appropriation title, "Indian School Buildings for Sioux Nation" (G. A. O. report, p. 257). These expenditures were made during the fiscal years 1891-1894, as follows: Construction of schoolhouses - - - Repairs and replacements to schoolhouses. Total...... $22, 471. 83 1, 110. 37 23, 582. 20 These expenditures were made within the following specified reservations (G. A. O. report, p. 181): The unexpended balance of $6,417.80 was returned to surplus June 30, 1901 (G. A. O. report, p. 235). This amount of $23,582.20 was not reimbursable under the agreement of 1889. 17. The first part of sec. 17 of the act and agreement of March 2, 1889, relating to educational benefits for the Sioux, reads in part as follows: That it is hereby enacted that the seventh article of the said treaty of April twenty-ninth, eighteen hundred and sixty-eight, securing to said Indians the benefits of education, subject to such modifications as Congress shall deem most effective to secure to said Indians equivalent benefits of such education, shall continue in force for twenty years from and after the time this act shall take effect; * * * The first appropriation, providing funds for educational purposes under sec. 17 of the act of March 2, 1889, quoted above, was approved January 19, 1891 (26 Stat. 720, 721) and reads as follows: For the erection of day and industrial schools, providing furniture and other necessary articles, and pay of teachers, in accordance with article seven of the treaty of April twenty-ninth, eighteen hundred and sixty-eight, which said article of treaty is continued in force for twenty years by section seventeen of the abovementioned act of March second, eighteen hundred and eighty-nine: Provided, That as fast as school facilities. are furnished the Secretary of the Interior is hereby authorized and required to compel all children between the ages of six and sixteen to attend the schools on the reservation at least nine months in the year, except such as may be attending school elsewhere, one hundred and fifty thousand dollars. The continuation of elementary schools, as provided in the treaty of 1868, and provision for industrial schools and education (instruction in mechanical and agricultural arts) for the Sioux Indians, were obligations which the United States assumed under art. 5 of the agreement of September Reporter's Statement of the Case 105 C. Cls. 26, 1876, ratified by the act of February 28, 1877 (19 Stat. 254), hereinafter referred to in more detail. The abovequoted provision of sec. 17 of the agreement of 1889 was written therein to secure acceptance of the proposed agreement by plaintiff and to satisfy the plaintiff Indians that the schools and elementary education which had been provided for 20 years in the treaty of 1868, which they insisted they had not received as contemplated by such treaty, would be furnished to them. The above-quoted educational provision of sec. 17 was in furtherance of the elementary and industrial educational provisions of art. 5 of the agreement of 1876, supra, and was so intended. It is not in any way in conflict with the purpose and intent of said art. 5 of the 1876 agreement. The next appropriation act approved July 13, 1892 (27 Stat. 132) reads in part: For support and maintenance of day and industrial schools, including erection and repairs of school buildings, in accordance with article seven of treaty of April twenty-ninth, eighteen hundred and sixty-eight, which article is continued in force for twenty years by section seventeen of the act of March second, eighteen hundred and eighty-four [nine], one hundred and fifty thousand dollars; * * Thereafter, appropriations were made annually from 1893 to 1909 providing funds for educational purposes to include the fiscal year 1910. Each of these appropriations is similar to that of July 13, 1892, quoted above. The appropriation act approved April 4, 1910 (36 Stat. 284) reads in part: For support and maintenance of day and industrial schools among the Sioux Indians in South Dakota, including the erection and repairs of school buildings, two hundred thousand dollars, to be expended under the agreement with said Indians in section seventeen of the act of March second, eighteen hundred and eighty-nine, which agreement is hereby extended to and including June thirtieth, nineteen hundred and eleven. The appropriations made in 1911, 1912, 1913, and 1914 are similar to the act of April 4, 1910, but each of these acts |