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A.-Statement showing States and corporations to which grants have

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Location of the grants

been made to aid in the construction of railroads, &c.—Continued.

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No grant in Texas. The length of road in Texas here given is that of the line fixed by the granting act. The constructed road given is part of this line.

It is understood that this company has constructed and is now operating its road to the western boundary of Texas, but no proof of construction west of the 181 miles here given has been filed. Proof of construction, under the act of 1872, of a road from Marshall to the eastern boundary of Texas, a distance of 20 miles, has been filed.

The company has also filed maps showing 221 miles of branch lines in Texas constructed or acquired under authority of the act of 1874.

The area within the limits of this grant here given is the amount of vacant land available for the grant, found by actual examination heretofore. This company has recently filed in the department proof of the completion of 130 miles of road, 60 of which were constructed by the New Orleans, Mobile and Texas Railroad Company, but this office has not been advised of the acceptance of any portion thereof.

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A communication from the Secretary of the Interior relative to the more adequate prevention of trespass upon Indian lands.

MARCH 29, 1882.-Referred to the Committee on Indian Affairs and ordered to be printed.

To the Senate and House of Representatives:

I transmit herewith a communication from the Secretary of the Interior, dated 24th instant, in relation to the urgent necessity of action on the part of Congress for the more adequate prevention of trespasses upon Indian lands, with copy report from the Commissioner of Indian Affairs upon the subject, and draft of a bill for the object indicated. The subject is commended to the consideration of Congress. CHESTER A. ARTHUR.

EXECUTIVE MANSION, March 29, 1882.

DEPARTMENT OF THE INTERIOR,
Washington, March 25, 1882.

SIR: I have the honor to submit herewith copy of a communication of the 13th instant, from the Commissioner of Indian Affairs, urging action on the part of Congress for the more adequate prevention of trespasses upon Indian lands, and presenting a draft of proposed legislation for the object indicated.

Persons

Trespasses upon Indian lands are of constant occurrence. are daily entering upon Indian reservations in violation of law, under various pretexts, and, having once gained a foothold, and made some improvement, or opened mines, when the attention of the department is called to the matter, and they are removed, or about to be removed, make the fact of their entrance and labor the basis of a claim to Congress at its next session for the right to retain possession of what they have in reality wrongfully gained.

These trespasses frequently cause difficulties with the Indians, and

sometimes result in bloodshed and open war. The existing law imposes no penalty beyond removal for the first unlawful entry, and a fine not exceeding $1,000 for the second offense (Rev. Stats., secs. 2147, 2148). In most cases the imposition of a fine amounts to nothing, in conse quence of the inability of the offender to pay it. The bill in question inflicts a penalty of not more than $500 and imprisonment at hard labor for not more than one year for the first offense, and for every subsequent offense not more than $1,000 nor less than $500, and imprisonment at hard labor not more than two years, nor less than one year, but exempts all emigrants or travelers peaceably passing through Indian lands, tribal reservations, or lands specially set apart for Indian purposes, without committing any willful trespass or injury to person or property.

The subject having my approval, I respectfully ask that it may be presented for the early attention and action of Congress.

I have the honor to be, sir, very respectfully, your obedient servant, S. J. KIRKWOOD,

Secretary.

The PRESIDENT.

DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS,
Washington, March 13, 1882.

The honorable the SECRETARY OF THE INTERIOR:
SIR: In the annual report of this office for the past year, I referred to the insuffi-
ciency of existing laws relating to intruders upon Indian reservations in the following

terms:

"Existing laws (intercourse act June 30, 1834; act of August 18, 1856, sections 2147, 2148, Revised Statutes) are, in the changed order of things, entirely insufficient for the purpose. Under these laws an intruder must first be removed from the reserve, and then if he returns he is liable to a penalty of $1,000.

"As a general rule intruders are of a class having no property subject to execution, and as the penalty can only be collected by an action of debt, the result is invariably a barren judgment, and the delinquent goes scot free, only to renew his attempts at settlement at a later date, and perhaps in some other direction.

"A notable illustration of the inadequacy of the law is found in the case of the notorious Captain Payne, of Oklahoma fame, who, after repeated attempts at settlement in the Indian Territory, and removal therefrom by the military, was finally arrested July 15, 1880, and taken to Fort Smith, Ark., where he was released on bail to appear at the ensuing November term of court. At the subsequent May term of said court a civil suit in the nature of an action of debt brought against Payne in the name of the United States, to recover the statutory penalty of $1,000, was tried and judgment rendered against him. It is altogether improbable that the judgment can now be collected from Payne, and the result is that he is at large, organizing another scheme for invasion of the Territory.

"I suggest an amendment of the law so that an intruder on Indian lands shall be liable to prosecution for the first and every subsequent offense, and, upon conviction, be punishable, not simply by fine, but by fine and imprisonment, and provision should also be made in the act for confiscation and sale by the government of the entire outfit of an intruder or party of intruders."

I also beg leave to call your attention to the remarks of Inspector Pollock in his report to the department upon the condition of the five civilized tribes in the Indian Territory, under date of October 10, 1881.

"The greater portion of the troubles that arise here are occasioned by white intruders -American citizens-whom the United States are obligated to, and should promptly. remove from the Territory.

"These intruders do not come here because there are no other unoccupied lands; mil lions of acres better than this are to be found in our Western States and Territories, against the settlement of which there is no inhibition; they come here from an inherent disposition to transgress, to evade the payment of taxes, and to escape the restraints of law.

"To them the Indian laws do not apply. By regularly enacted laws of the 'Five Nations' their members are inhibited from carrying deadly weapons, but these white intruders-pale-faced cut-throats, the terrors of the country-go armed to the teeth continually.

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