and the net proceeds derived from the sale of such lands shall be paid to said Indians, as provided in section six of this act: Approved, March 22, 1906 (34 Stat., 82). An Act To authorize the Secretary of the Interior to sell and dispose of the Surplus un allotted agricultural lands of the Spokane Indian Reservation, Washington, and for other purposes. * is Town sites. SEC. 4. That the Secretary of the Interior * further authorized and directed to reserve and set aside such tracts as he may deem necessary or convenient for town-site purposes, and he may cause any such reservations to be surveyed into lots and blocks of suitable size. and to be appraised and disposed of under such regulations as he may prescribe, and the net proceeds derived from the sale of such lands shall be deposited in the Treasury of the United States to the credit of the Indians of ceeds. the Spokane Reservation. An Act To ratify and amend an agreement with the Indians residing on the Shoshone or Wind River Indian Reservation in the State of Wyoming and to make appropriations for carrying the same into effect. * * * * * Deposit of pro to entry. SEC. 2. That the lands ceded to the United States under the said agreement shall be disposed of under the provisions of the homestead, town-site, coal and mineral land laws of the United States and shall be opened to settle-Opening of ment and entry by proclamation of the President of the United States on June fifteenth, nineteen hundred and six, which proclamation shall prescribe the manner in which these lands may be settled upon, occupied, and entered by persons entitled to make entry thereof, and no person shall be permitted to settle upon, occupy, and enter said lands except as prescribed in said proclamation until after the expiration of sixty days from the time when the same are opened to settlement and entry, * * * mineral en Lands entered under the town-site, coal, and mineral-Town-site, coal, land laws shall be paid for in amount and manner as pro- tries. vided by said laws. UNLAWFUL OCCUPANCY OF PUBLIC LANDS. public lands with unlawful. inclosure forbidden. right without Act of February 25, 1885 (23 Stat., 321)-Inclosure of public An Act To prevent unlawful occupancy of the public lands. Page. 388 389 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Inclosure of That all inclosures of any public lands in any State or out title declared Territory of the United States, heretofore or to be hereafter made, erected, or constructed by any person, party, association, or corporation, to any of which land included within the inclosure the person, party, association, or corporation making or controlling the inclosure had no claim or color of title made or acquired in good faith, or an asserted right thereto, by or under claim, made in good faith with a view to entry thereof at the proper land office under the general laws of the United States at the time any such inclosure was or shall be made, are hereby Maintenance of declared to be unlawful, and the maintenance, erection, construction, or control of any such inclosure is hereby forbidden and prohibited; and the assertion of a right to the exclusive use and occupancy of any part of the public lands of the United States in any State or any of the Territories of the United States, without claim, color of Assertion of title, or asserted right as above specified as to inclosure, title prohibited. is likewise declared unlawful, and hereby prohibited. United States SEC. 2. That it shall be the duty of the District Attorto institute civil ney of the United States for the proper district, on affidavit filed with him by any citizen of the United States that section one of this act is being violated, showing a description of the land inclosed with reasonable certainty, not necessarily by metes and bounds, nor by Governmental sub-divisions of surveyed lands, but only so that the inclosure may be identified, and the persons guilty of the violation as nearly as may be, and by description, if the name can not on reasonable inquiry be ascertained, to institute a civil suit in the proper United States district or circuit court, or territorial district court, in the name of the United States, and against the parties named or described who shall be in charge of or controlling the inclosure complained of as defendants; and jurisdiction is also hereby conferred on any United States district or Jurisdiction of circuit court or territorial district court having jurisdiction over the locality where the land inclosed, or any part thereof, shall be situated, to hear and determine proceedings in equity, by writ of injunction, to restrain violations district attorneys suits. courts. of the provisions of this act; and it shall be sufficient to give the court jurisdiction if service of original process be had in any civil proceeding on any agent or employé having charge or control of the inclosure; and any suit brought under the provisions of this section shall have precedence for hearing and trial over other cases on the Such cases to civil docket of the court, and shall be tried and determined at the earliest practicable day. In any case if the inclosure shall be found to be unlawful, the court shall make the proper order, judgment, or decree for the destruction have precedence. of the inclosure, in a summary way, unless the inclosure Summary judgshall be removed by the defendant within five days after ments. the order of the court. SEC. 3. That no person by force, threats, intimidation, Settlement and or by any fencing or inclosing, or any other unlawful transit not to be means, shall prevent or obstruct, or shall combine and confederate with others to prevent or obstruct any person from peaceably entering upon or establishing a settlement or residence of any tract of public land subject to settlement or entry under the public land laws of the United States, or shall prevent or obstruct free passage or transit over or through the public lands: Provided, This section shall not be held to affect the right or title of persons, who have gone upon, improved or occupied said lands under the land laws of the United States, claiming title thereto, in good faith. SEC. 4. That any person violating any of the provisions Misdemeanor. hereof, whether as owner, part owner, agent, or who shall aid, abet, counsel, advise, or assist in any violation hereof, shall be deemed guilty of a misdemeanor, and fined in a Fine and imsum not exceeding one thousand dollars and be impris- prisonment. oned not exceeding one year for each offense. removed. SEC. 5. That the President is hereby authorized to take Inclosures to be such measures as shall be necessary to remove and destroy any unlawful inclosure of any of said lands, and to employ civil or military force as may be necessary for that purpose. than 160 acres. SEC. 6. That where the alleged unlawful inclosure in- Inclosure of less cludes less than one hundred and sixty acres of land, no suit shall be brought under the provisions of this act without authority from the Secretary of the Interior. SEC. 7. That nothing herein shall affect any pending Pending suits suits to work their discontinuance, but as to them hereafter they shall be prosecuted and determined under the、 provisions of this act. Approved, February 25, 1885 (23 Stat., 321). An Act To amend section four of an act entitled "An act to prevent unlawful occupancy of the public lands," approved February twentyfifth, eighteen hundred and eighty-five. Be it enacted by the Senate and House of Representatives not affected. pancy. of the United States of America in Congress assembled, That Unlawful occusection four of an act entitled "An act to prevent unlawful occupancy of the public lands," approved February Alternative penalty. twenty-fifth, eighteen hundred and eighty-five, be, and the same is hereby, amended so as to read as follows: "SEC. 4. That any person violating any of the provisions hereof, whether as owner, part owner, or agent, or who shall aid, abet, counsel, advise, or assist in any violation hereof, shall be deemed guilty of a misdemeanor and fined in a sum nor exceeding one thousand dollars or be imprisoned not exceeding one year, or both, for each offense." Approved, March 10, 1908 (35 Stat., 40). |