INDIAN AFFAIRS: LAWS AND TREATIES

Vol. III, Laws     (Compiled to December 1, 1913)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1913.


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ACTS OF SIXTIETH CONGRESS— SECOND SESSION, 1909.
CHAP. 76 | CHAP. 126 | CHAP. 138 | CHAP. 145 | CHAP. 147 | CHAP. 178 | CHAP. 197 | CHAP. 253 | CHAP. 256 | CHAP. 263 | CHAP. 298 | CHAP. 321 | J. R. No. 18 | J. R. No. 19

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Chapter 321

Margin Notes
Chap. 321 Criminal Code.
Chap. 321 Crimes.
Sec. 50 Offenses against operations of the Government.
    35 Stat., 1093.
Sec. 50 Timber, etc., depredations on reservations of Indian lands.
    35 Stat., 1098, post, 477.
    R. S., sec. 5388.
    25 Stat., 166.
Sec. 50 Punishment for.
Sec. 328 General and special provisions.
    35 Stat., 1151.
Sec. 328 Indians committing certain crimes.
    23 Stat., 385, vol. 1, 32.
    29 Stat., 487.
Sec. 328 Acts on reservations, etc.
Sec. 328 Punishment for.
Sec. 328 Proviso. Rape on Indian woman.
Sec. 329 Crimes committed on Indian reservations in South Dakota.
    32 Stat., 793, ante, 5.
    35 Stat., 1152.
Sec. 329 Proviso. Rape of female Indian.

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Chapter 321
    Mar. 4, 1909. [S. 2982.] | [Public, No. 350.] 35 Stat., 1088.
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An Act To codify, revise, and amend the penal laws of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the penal laws of the United States be, and they hereby are, codified, revised, and amended, with title, chapters, headnotes, and sections, entitled, numbered, and to read as follows:

CRIMES.


CHAPTER FOUR.

OFFENSES AGAINST THE OPERATIONS OF THE GOVERNMENT.

SEC. 50

Whoever shall unlawfully cut, or aid in unlawfully cutting, or shall wantonly injure or destroy, or procure to be wantonly injured or destroyed, any tree, growing, standing, or being upon any land of the United States which, in pursuance of law, has been reserved or purchased by the United States for any public use, or upon any Indian reservation, or lands belonging to or occupied by any tribe of Indians under the authority of the United States, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both.


CHAPTER FOURTEEN.

GENERAL AND SPECIAL PROVISIONS.

SEC. 328

All Indians committing against the person or property of another Indian or other person any of the following crimes, namely— murder, manslaughter, rape, assault with intent to kill, assault with a dangerous weapon, arson, burglary, and larceny, within any Territory of the United States, and either within or without an Indian reservation, shall be subject therefor to the laws of such Territory relating to said crimes, and shall be tried therefor in the same courts

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and in the same manner and shall be subject to the same penalties as are all other persons charged with the commission of said crimes, respectively; and the said courts are hereby given jurisdiction in all such cases. And all such Indians committing any of the above-named crimes against the person or property of another Indian or other person within the boundaries of any State of the United States, and within the limits of any Indian reservation, shall be subject to the same laws, tried in the same courts and in the same manner, and be subject to the same penalties as are all other persons committing any of the above crimes within the exclusive jurisdiction of the United States: Provided, That any Indian who shall commit the offense of rape upon any female Indian within the limits of any Indian reservation shall be imprisoned at the discretion of the court.1


1 U. S. v. Gardner, 189 Fed., 690.

SEC. 329

The circuit and district courts of the United States for the district of South Dakota shall have jurisdiction to hear, try, and determine all actions and proceedings in which any person shall be charged with the crime of murder, manslaughter, rape, assault with intent to kill, assault with a dangerous weapon, arson, burglary, or larceny, committed within the limits of any Indian reservation in the State of South Dakota. Any person convicted of murder, manslaughter, rape, arson, or burglary, committed within the limits of any such reservation, shall be subject to the same punishment as is imposed upon persons committing said crimes within the exclusive jurisdiction of the United States: Provided, That any Indian who shall commit the crime of rape upon any female Indian within any such reservation shall be imprisoned at the discretion of the court. Any person convicted of the crime of assault with intent to kill, assault with a dangerous weapon, or larceny, committed within the limits of any such reservation, shall be subject to the same punishment as is provided in cases of other persons convicted of any of said crimes under the laws of the State of South Dakota. This section is passed in pursuance of the cession of jurisdiction contained in chapter one hundred and six, Laws of South Dakota, nineteen hundred and one.


Approved, March 4, 1909.


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