
    THE RUSSIAN AMERICAN PACKING CO. v. THE UNITED STATES.
    [39 C. Cls. R., 460; 199 U. S. R., 570.]
    
      On the claimants Appeal.
    
    The act 17th May, 1884, provides that Indians or other persons in Alaska “ shall not he disturbed in the possession of any lands actually in their use or occupation." After this enactment and before the act 3d March, 1891, the claimant enters upon land and erects buildings for the canning of salmon. The last act provides that any citizen “ now or hereafter in the possession of and occupying public lands in Alaska ” may purchase at $2.50 per acre by application to certain officers “ for an estimate of the cost making a survey ” and by depositing the amount therefor. The officers are then to employ a competent person to make survey, and the survey is to be transmitted for the approval of the Commissioner of the General LaM Office. When approved, the purchaser is to pay for such land, and a patent to issue. In April, 1892, the claimant applies for a survey and deposits the required amount. A survey is made and forwarded to the Land Office. Before the Commissioner acts thereon the President, by proclamation, reserves the land from entry and warns all persons to depart therefrom. The agents of the United States compel the claimant to depart, leaving the improvements which had been erected on the land. The Commissioner of the Land Office refuses to approve the survey.
    The court below decides:
    The Act Scl March, 1S91 (2G Stat. L., p. 1095, § 12, 13), assures to persons who had entered upon public lands in Alaska only the preemptive right to purchase to the exclusion of other-persons if the Government should sell the land, leaving unimpaired the right of the Government to withdraw the land from entry and sale.
    2. Neither the act of 1891 nor the Act 11th May, 1884 (23 Stat. L., p. 24, § 8), created a contract whereby the Government was bound to convey land to persons in possession thereof in Alaska or to reimburse them for the improvements which they had made thereon if the lands should be withdrawn from sale.
    3. The President had authority at any time before the issuance of a patent to withdraw public lands from sale and to declare them reserved for public purposes.
    4. When a person enters upon public lands without the authority or license of the United States, he is a trespasser and acquires no right to be compensated for losses sustained by reason of enforced removal.
    The decision of the court below is affirmed on the same grounds.
   Mr. Justice Brown

delivered the opinion of the. Supreme Court December 18, 1905.  