the agency guardhouse for a period not exceeding sixty any Ninth. In addition to the offenses herein before enumerated, court of Indian offenses shall also have jurisdiction (subject to the visions of rule 3) of misdemeanors committed by Indians belonging to the reservation, and of civil suits where Indians are parties thereto; and any Indian who shall be found intoxicated, or who shall sell, exchange, give, barter, or dispose of any spirituous, vinous, or fermented liquors to any other Indian, or who shall introduce or attempt to introduce, under any pretense whatever, any spirituous, vinous, or fermented liquors on the reservation, shall be punishable by imprisonment for not less than thirty days nor more than ninety days, or by the withholding of Government rations therefrom, at the discretion of the court and approval of the agent. The civil jurisdiction of such court shall be the same as that of a justice of the peace in the State or Territory where such court is located, and the practice in such civil cases shall conform as nearly as practicable to the rules governing the practice of justices of the peace in such State or Territory; and it shall also be the duty of the court to instruct, advise, and inform either or both parties to any suit in regard to the requirements of these rules. terior не 585. Agents are instructed to notify all nomadic Indians under their supervision that they will not be allowed to roam away from thei reservations without any specific object in view, nor will they be allowe to trespass upon the public domain; but that they will be expected i remain within the limits of their reservation and not to leave it excepons as as hereinafter provided. can not y part ming 586. The practice of bands of Indians making or returning visits to other reservations is deemed injurious to the Indians, and must not be + allowed; but where a few Indians, who have by meritorious conduct and attention to labor earned the extension of certain privileges, or for satisfactory reasons, desire to make short visits at seasons when it will not interfere with the necessary work at the agencies, agents may allow them to make such visits, in their discretion, as a reward for their good conduct, provided the consent of the agent of the tribe to be visited has previously been obtained, and that it will in no event be likely to prove disadvantageous to the Indian Service, and provided further, that the consent of the Indian Office has been asked for and obtained. 4 the papers in each case. (Circ. Int. Dept., Sept. 17, 1887, and July 2, 1891.) 639. Registers and receivers are required to afford every facility to Indians who desire to take allotments, and, when necessary, assist them in the preparation of their applications and the required proof. (Circ. Int. Dept., Sept. 17, 1887.) 640. Blank forms hereby prescribed may be had upon application to the Commissioner of Indian Affairs or the register and receiver of the various district land offices. (Circ., Sept. 17, 1887.) TRESPASSES. 641. Agents are instructed to take such measures, not inconsistent with law, as may be necessary to protect those Indians who have adopted the habits of civilized life, and received their lands in severalty by allotment, in the quiet enjoyment of the lands allotted to them. (Sec. 2119, R. S.) 642. If any person of Indian blood belonging to a band or tribe. which receives or is entitled to receive annuities, and who has not adopted the habits of civilized life and received lands in severalty by allotment, commits a trespass upon the lands of any Indian who has so received his lands by allotment, the agent of such band or tribe shall ascertain the damages resulting from such trespass, and the sum so ascertained shall be withheld from the payment next thereafter to be made either to the band or tribe to which the party committing the trespass belongs, as in the discretion of the agent he shall deem proper; and the sum so withheld shall, if the Secretary of the Interior ali approve, be paid over to the party injured. (Sec. 2120, R. S.) erve and o 643. Whenever such trespasser as is mentioned in the preceding section is the chief or headman of a band or tribe, the agent shall also bare suspend the trespasser from his office for three months, and shall oft during that time deprive him of all the benefits and emoluments connected therewith. The chief or headman may, however, be sooner restored to his former position if the agent so directs. (Sec. 2121, R. S.) re 644. Agents must report the violation of any of the preceding sections under this heading immediately upon its occurrence, giving names of offenders, witnesses, etc., to the Indian Office, in order that proper proceedings may be taken in the premises. IRRIGATION. 645. It shall be the duty of agents to study the topography and general characteristics of their reservations, for the purpose of ascertaining whether irrigation is necessary and feasible. They will report the facts fully to the Indian Office, showing the districts, if any, requiring irrigation, the quantity of land that can be irrigated, the most available sources of water supply, the number of Indians who would or could be benefited by it, suggest a plan of work and submit a careful estimate in detail of the cost. The irrigation districts should be made to conform, where practicable, to the road districts of the reservation. ROADS. I. UNDER SUPERVISION OF THE INDIAN OFFICE. 646. It is important that Indians be instructed in the duty and labor of opening and repairing roads, and building bridges for their common benefit and the general welfare. 647. All roads existing or required to be opened on Indian reservations or school tracts for general use by the Indians, and for purposes of the Indian Service (except such as may exist under charter or other proper authority requiring them to be in condition for travel) should be kept in good repair. 648. Where new roads are to be opened or old ones are straightened or otherwise necessarily changed they should be laid out and constructed, as far as may be practicable, upon the lines dividing the allotments or tracts occupied by individual Indians; and those roads likely to form a continuation and part of public highways, existing outside of reservations, should be laid out and constructed in the general direction most necessary and convenient for the public interest. 649. The whole reservation shall be districted, the districts for this purpose to coincide, as nearly as practicable, with those prescribed for the purposes of the Indian courts. The agent shall appoint a "supervisor of roads" for each district, who will be selected from the most industrious, capable, intelligent, and progressive Indians residing therein, and who will be charged with the duty of the supervision of the roads and bridges within his district. 650. When a farmer, additional farmer, or other person employed for instructing Indians in industrial pursuits is stationed in any road district, he will be expected to see that the work necessary to keep the roads in condition for travel is not neglected; and the supervisor of roads for that district shall make his reports to the agent through him. 651. Each supervisor of roads, as soon as practicable after his appointment, shall prepare and submit to the agent an alphabetical list of all persons liable to road labor, residing within his district, such list to be revised yearly, and the revised list to be filed with the agent on or before the first day of January of each year. 652. All able-bodied male Indians belonging on the reservation, between the ages of 21 and 45 years, including persons permitted to reside there by reason of marriage to Indian women, or for any other reason, except employees of the Government, missionaries, ministers of the gospel, and persons regularly employed in school work, will be required to perform, without compensation therefor, such number of days of labor in each year, not less than two nor more than five, as may be required for opening and repairing the roads; provided, when great damage is done to the roads by sudden storms, etc., such greater number of days' labor may be required of those persons liable for road labor as the emergency may demand. 653. The supervisor shall call upon those in his district liable to road labor to perform their respective duties at such times as will least interfere with their own private work upon their allotments or elsewhere, and shall give each person not less than two days' notice. Every person so notified shall be required to appear at the place and hour designated by the supervisor, with such tools and implements as said supervisor may direct, and shall perform, under the personal direction of the supervisor, or of some one appointed by him, eight hours faithful labor for each day's work assessed to him. Any person furnishing, when required to do so, teams, tools, or other implements for work on the roads, will be allowed proper deduction therefor from the number of days of personal labor assessed to him. 654. Any person required to perform labor on the roads of his district may be allowed, if he desire to do so, to furnish at his own expense a competent and suitable substitute to perform such labor in lieu of his own personal service. 655. Any Indian who refuses, or without good and sufficient cause fails to perform the work assessed to him, shall be reported by the supervisor having charge of the district in which he is liable to perform such labor, to the agent, and by the agent to the judge of the Indian court having jurisdiction over such district, if such court exists, and shall be subject to the punishment provided in the regulations relating to the establishment and jurisdiction of Indian courts. If no such court exists the agent shall himself take steps to oblige the delinquent to perform the proper amount of work, or to punish him according to the nature of the offense in such manner as may be within the scope of his authority. Any person other than an Indian refusing or failing to perform the road duty assessed to him shall be liable to removal from the reservation. 656. Persons held as prisoners under charge of the agent may be required, when practicable and in the discretion of the agent, to perform labor necessary for opening and repairing roads on the reservation. 657. It shall be the duty of each supervisor to submit to the agent an annual report, showing: 1. The total number of days' work done under his supervision during the year. 2. The locality in which such work was done and the nature of the work. 3. The number of days' labor actually performed by each Indian, or other person, whose name appears on the roll of those liable to road labor, and whether such work was performed by the individual in person or by a substitute. 4. The points in the district where it is most desirable that work be done during the next year and the nature and extent of the work required. 658. The agent shall make an annual report to the Commissioner of Indian Affairs, based upon the several supervisors' reports submitted to him, and upon his personal observation and knowledge of the work accomplished during the year in the way of road improvement and building. II. PUBLIC ROADS ESTABLISHED BY THE LOCAL OR STATE AUTHORITIES. 659. Section 4 of the Indian appropriation act approved March 3, 1901 (31 Stat., p. 1058), provides : That the Secretary of the Interior is hereby authorized to grant permission, upon compliance with such requirements as he may deem necessary, to the proper State or local authorities for the opening and establishment of public highways, in accordance with the laws of the State or Territory in which the lands are situated, through any Indian reservation or through any lands which have been allotted in severalty to any individual Indians under any laws or treaties but which have not been conveyed to the allottees with full power of alienation. 660. The laws of the several States and Territories respecting the establishment of public roads, and the conditions surrounding the different reservations and allotted lands likely to be crossed by public roads, are so widely at variance that it is not deemed advisable to formulate other than general rules governing the manner of presenting the application for the grant of the permission and the showing made in support thereof. (Circ. June 3, 1903, approved by Sec'y June 11, 1903.) 661. In order to secure the grant of permission to open public highways through any Indian reservation or over lands allotted in severalty to and held in trust by the United States for individual Indians, local road authorities will be required to make formal application, addressed to the Secretary of the Interior, and accompany the same by a satisfactory showing as to the necessity for the proposed road or highway, and a map or plat thereof showing its exact location in connection with the lines of the public survey where surveyed, also its width and length within the reservation or allotted lands. Where the lands traversed have been surveyed the proposed road or highway must follow section lines as far as practicable, and satisfactory showing must be made for any departure therefrom. (Ibid.) 662. These applications must be filed with the Indian agent in charge of the reservation desired to be crossed, and in case of allotted lands, |