Page:United States Statutes at Large Volume 37 Part 1.djvu/344

 SIXTY-SECOND CONGRESS. Sess. II. Ch. 311. 1912. 321 involve any lands sold by the Oregon and California Railroad Company parlor t0_Apr1l thirtieth, nineteen hundred and eight, unless the same_ all be mstituted within one year from the date of the approval of this Act: Provided, That this section shall not be construed to PM¥•¤~ a ply to any suits m exluty heretofore instituted, nor to any parties 1¤l:i¤°l•*i1{¤€éi°$°¤?°°` t£ere_ to, nor to any of e ands_mvolved therein, nor to the mstitution of any further suits m eqfuity, actions at law, or other judicial proceedmgs relating to any 0 the lands that are involved in said pending suits. Sec. 4._ That the Attorney General is hereby authorized to com- ,z§g¤P*°¤*·¤•¤¤=¤*· Kzonnse in the manner hereinafter provided any suit heretofore or ` reafter mst1tuted_pursuant_to the provision of said joint resolution approved April thn·t1eth, mneteen hundred and ht involving lands purchased from the said Oregon and Californiaeliailroad Company prior to September fourth, nineteen hundred and eight. In °°¤<**¤•>¤¤· any such siut the Attome General may, in his discretion, stipulate with the defendant or defzndants who purchased said lands, or are the successors or of such tgurchaser or urchasers, that decree shall be entered a that e lands involved therein have been and are forfeited to the nited States. Such decree shall recite that · the same was entered pursuant to such stipulation. If said ur- P·!¤•¤¤ chaser defendant or defendants, or their successors or , £iall withm six months from the entry of said decree iile with e Secretary_of the Interior a certified copy of said decree, together with an application to-purchase all of the' ands adjudged by said decree to have been forfeited to the United States as aforesaid, and shall pay - to the Treasurer of the United States the sum of two dollars and. fifty cents per acre for all of the lands so applied for, the Secretary ‘·““°°*P•’°”°* of the Interior shall cause patents to be issue conveying to said purchaser defendant or defen ants, and their successors and assigns, all of the rgit, title, and interest of the United States in and to all of said lan ; and such Gurchase shall operate as a compromise of any and all claims of the nited States for waste or trespass ihpon any of said lands committed by such purchaser defendant or de endants or · their successors or assi%s, respectively: Promklcd, That the benefits €$Z'§{§{;¤_ of this section shall not e exercised or enjoyed except in cases where decree shall have been entered pursuant to stipulation entered mtc as aforemd: And provided further, That the provisions of this section L°“"’°"°‘“°°"· shall not apply to any lands that have not been patented to said Oregon an alifomia Railroad Company: And further, That the aforesaid privile e of purchasing said fo cited lands shall ·,§g‘,,§({’_""°' ”‘ not be exercised or enjoyed as to less than all of the lands mvolved  said suits, respectively, the purpose hereof l)8lD%1h0 prevent the elimination from any purchase of any lands from w 'ch timber has been removed or upon which any other waste or trespass has been committed, or the elimination of any part whatever of any land from such purchase. _ mm, mu M Ssc. 5. That the provisions of section four of tlus Act shall not_be elzfsuggamilgia construed to apply to the suit involving approximately two million m_';°;€·m,°§,':,{‘“’· three hundred an sixty thousand acres, now pending in the District Court of the United States for the District of Oregon, wherein the United States of America is complainant and the Oregon and Cahforma Railroad Company, the Southern Pacific Conépany, Stephen T. Gage, the Union Tmst Compan, and others are efendants, beglg designated in the records and files of said court as suit number _ thirty- tllwq hundred and forgy; nor shall the provisions of said sectiqu four of this Act be constru to apply to any of the lands mvolved m said list described suit; nor to create any rights or privileges whatever in f$V0l' of an of the defendants therein. _ No nm`, 0, nm, Sec. 6. %at nothing in this Act contained, nor action taken ppl'- mu. amemons. ea;. suant to the provisions of this Act, shall be construed as a condonation