The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1884-05-08
THE PUBLIC LANDS.

following Is the full text OF the bill intro
duced Ia the house by Payson 10 prevent
unlawful occupancy Of the public lands /:
BE IL enacted by the senate aud house OF
representatives Of the United Slries OF
America 10 congress assembled, That all
enclosures OF any lands In any OF the ter
ritorles of the United States, or OF any pub.
fore or TO be hereafter made, erected, or
constructed by any person, parry, essocis-
on or corporation, 10 all OF which land in
Guided within the Enclosure the person,
party, association, or corporation making
or controlling the Enclosure aud no claim or
color Of title made or acquired in &c I'd faith
or an asserted right thereto by or uader
claim, made In good faith at the proper
land Office, under the gsneral laws OF the
United States. ut the lime any such in
closure was or thall be make, are here
by declared 10 DO unlawful, and the
maintenan ,, erection, construction, or
control OF any ouch Enclosure is htreoy for
hidden and prohibited; and the assertion of
light TO the exclusive use end occupancy
Of any part OF the public lands OF the
United States, without claim, DIOR or title,
or assert / right az above specified as TO
Enclosure. is likewise declared unlawful,
and hereby prohibited: and it shsl, be law.
ful for any person - tear down, cut, or ds-
molish any such inolc cure on above pro-
hibitra, when the Enclosure includes more
than one hundred aud sixty sores Of land.
SEQ. 9. That /. shall be The duty OF the
district attciney of the United states Tor
the proper distilct, on affidavit filed with
bin by any citizen Of the Units States
that section one OF this sct Is hsidg violated.
showing d, .ctlption Of the land iucloscd
| with reasonable Certainty, and the persons
guilty of the violation n nc 1rlv ~ may be,
and by deecIiption, II tie nr'ne csnnot on
| reg sonahle iuQu'ry 90 e r aimed, - inst
tate civil suit IN the PROF n court, in the
name OF The Unit Sta;cS OF Amc- Ca, and
against the ps, til ) rsned or dc":iib2d who
shall be in enc re OF or controlling the N.
closure comple ned of as defcrds MS; and
jurisdiction is a'c1 he jby )n.eli, Gu any
Cou.t of record hay pg jun. iiction over the
locality wbe the land inclc-cd shall bs
siLuat ed, 10 hcer and determine proceedings
10 equity, bv Wat OF injunction, to re-
strain violaJlons OF the provisions
OF this act; sud it shall be
sufficient to give the o)uls i1'., iiction II
service OF Original pre- z IL had in any
civil pre- 3eeding on any agent or enploye
having charge or Contiol of the enclosure;
and any suit brought under the proVisiorH
of this lcction shF'l have precedence I.
besrjug and . 81 over oher c'-es on I
civil docket of 10 CouIt, and shsli be tried
aud DEF ermiucd at the eerlirat practicable
day. In sny tl.o, 1.-THE enclosure shall be
found 10 unlawful, the ooutS shall make
the propa o. ier, judgment, or decree ici
the disiI DC, ION Of tcs eEc'cJpre, in a sum
mary way, with T. r., tomitatus. il nee
essay, uplec1 the enclosure shall be re-
moved by the defendant within five days
after the order OF the court.
Sec. 3. That any percon violating any Of
the provisions hereof, whether as owner, part
owner, agent, attorney, or employe, OF
who shall cid, abtt counsel, sdyiss, OF
assist in any violation hereof, shalt b.
deemed guilty c Z miciemcanor, and tinet
in sum not exceeding Que thousand dol
lars and be impsi, 5ned not exceeding one
year for each offence, and the continuanc:
of an unlawful inclcaure after conviction o.
pending prosecution shall be deemed
another ottense.
Sec A That nothing herein shall affpc
any pending cults to work their diecontin
uanoa, but az to them hereafter they shall
DO prosecuted and determined under thu
provisions of this act