The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-05-05
THE PUBLIC LANDS.

WASHINGTON, May 4.--GSpecial. 1.-The
following is the full text of the bill intro
duced in the house by Payson to prevent
unlawful occupancy of the public laUds
Be IL enacted by the senate and house o
representatives OF the United States oil
America Ia congress assembled. That all
Enclosures OF any londs In any of the ter.
ritores of the United States, or OF any Dub
lie lands OF any state ot the Union, hereto.
fore or to be hereafter made, erected, or
constructed by any person, parry, associa-
on or corporation, TO Rll of which land in.
cluded within the inclosure the person
party, association, or corporation making
or controlling the inclosure and no claim oil
color OF title made or acquired In good faith
or ar asserted right thereto by or under
claim, made in good faith at the proper
land office, under the general laws OF the
United States. at the time any such in-
closure was or shall be made. are here.
by declared to be unlawful, and the
maintenance, erection, construction, or
hidden and prohibited; and the assertion o
a right to the exclusive use and occupancy
oi any part OF the public lands of the
United States, without claim, color or title
or asserted right AZ above specified as Ia
inclosure. IL likewise declared unlswful
and hereby prohibited and 1t shal. be law
full for any person TO tear down, cut, or de
hibitea. when the Enclosure includes more
than one hundred and eixty acres o land.
Sec. 2. That II shall be The duty OF the
district attorney Of the United states fol
the proper district, on affidavit filed with
him by any citizen Of the United States
that section one OF this sc, is being vic ated
moving description of the land inciosed
with reasonable CERTAINTY, and the personr
guilty OF the violation "a nearly as may b0,
and BY description, ii the name cannot cn
reasonable inquiry be ascartained, 20 insti-
tate civil emit IN the proper court, Ia the
name OF the United States OF America, aud
against the parties named or described who
shall be in charge OF or controlling the in.
closure complained OF as defsndsnis; and
Jurisdiction is also hereby conferred on any
court of record having jurisdiction over the
locality where the land inclosed shall be
situated, TO hear and determine proceedings
Ia equity, by writ OF Injunction, to re-
strain violations Of the provisions
OF this act; and it shall be
sufficient to give the court jurisdiction il
service Of original process be had in any
civil proceeding on any agent or employe
having charge or control of the enclosures
aud aDy suit brought under the pToyisioul
Of this section shall have precedence for
hearing and trial over other cases on the
civil docket of the court, and shall be tried
and determined at the earliest practicable
day. In sny case, II the enclosure shall be
found to be unlawful, the court shall make
the props order. Judgment, or decree ior
tae Obstruction OF tns enclosure, In q tum-
mary way, with posse comitatus. il nee.
essary, unless the enclosure shall be re-
moved by the defendant within five days
after the order OF the court.
SEC. 3. That any person violating any ol
the provisions hereof, whether as owner, part
owner, agent, attorney, or employe, OF
who shall aid, sbet. counsel, advise, OF
assiet In any violation hereof, shall be
deemed guilty Of a misdemeapor, and fined
ia sum not exceeding one thousand dol
lars and be imprisoned not. exceeding one
wear for each offense, and the continuance
Of an unlawful inclosure after conviction or
pending prosecution shall be deemed
another offense.
Sec L. That nothing herein shall aff4 ct
any pending tui,s to work their discontin.
usnce, but as to them hereafter thew shall
% prosecuted and determined under the
provisions of this act.