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Show REPOHT OF THE COMMISSIONEE OF INDIAN AFFAIRS. XV from the reser~~ationan, d then, if he returns, he incurs a penalty of one . thousand dollars. The litm as it stands is practically a dead letter, as the trespassers drdinarily belong to the impecunious class, and even if con-victed (which is by IIO means certain), nothing can be realized from them in an action of debt to recover the penalty; hence, the delinquents escape I unpunished. A striking illustration of the iuadlequacy of the law is afforded in the case of the Pyramid Lake Reservation in Nevada. This reservation derives its name from the large lake which is included within its bonndaries, and which is valued for its fisheries. .kt the Februar.~te rm of the United States district co~irfto r the district of Nevada, certain fish-ermen, trespassers, who had been previously remored from the reserva- ' tiou by the military, but who had retnrned thereto, were indicted, charged with having returned, iu violation of sect,ion 2148, Revised Statutes. The special verdict and agrecd facts shoved that these men . ,' were engaged within the limits of the Pyramid Lake Reserration fishil~c, " I and dealing and trading in fish ; that they Irere, by order of tlke 1)rop.r authority, remored t.herefrom, and that thereafter they retnrned al~d resumed their former busiuess. Upon the trial of the indictments, all , the defendants weere adjudged gnilty as charged, and ordered to appear for sentence on the 15th Jaly, 1Si9. Ugou appeal to the United States circuit court, Ilea4 November, 18'79, the judgment of the coort below ! affirmed, thereby est,ablishing: first., that t.he ~rhole of Pyramid Lake is within an Iuclian reserration; and, second, that it is Indian country within tho meaning of the intercourse la\vs, autl that trespassers may rightfully be re~novedth erefrom. The clefendants were ordered t o appear for sentence December 1 and 2, 1870, bot for some uuexl~laiued reason, probably, as the agent reports, owing to t.he iulivcrsal fiym-pathy accorded by all classes of the surrounding commnnity to the offenders, se~~tenchea s not been passed, altl~ongha Sear has elapsed since the date on which they were ordered to appear. Recent advices , , from the agent in charge state that the offenders and those mllose in-terests prompt them to engage in t.11is unlawful pnrsnit, emboldened by . .-. the dela,y in enforcing even the defective statntes which exist, conclude that the^ have nothing to fear, and are busily enga.ged in perfecting their plans, securing large quantities of minnows, porchasing boats, and getting in readiness for renewed operations on thelake. The civil power having proved ineffective for tlie purpose, it will again be necessary to call in the aid of the military forces in order to protect the reservation. The law should be so framed that trespassers on Indian reservations should incur its penalty for the first as well as for every subsequent offense, and that such offense should be punishable by fiue or imprison-ment, or both, at the discretion of the court. Third. The enactment of suitable laws for Indian resen-ations. In tha annual reports of this office for some years past the necessitj for a judi-cial system or code of laws for the Indians has been specially commented |
