Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1885-05-28
AN ACT

TO PREVENT UNLAWFUL OCCUPANCY OF
THE PUBLIC LANDS.
Be it enacted By the Senate and House
Of Representatives Of the United
States of America in Congress as
scmbed,
That all Enclosures Of any public
lands in any state or territory Of the
United States, heretofore or to be here
after made, erected. or constructed by
any person, party, association or corpora
ton, TO any Of which land included with
in the Enclosure the person, party, asso-
citation, or corporation making or con-
trolling the corporation Lad no claim or
color Of title made or acquired in good
faith, or an asserted right thereto by or
under claim, made in good faith with
view 70 entry thereof at the proper land
ONCE under the general laws Of the Uni
ted States at the time any such inclosure
was or shall'b made, are hereby declared
to be unlawful, and the maintenance,
erection, construction, or control Of any
such Enclosure is hereby forbidden and
prohibited; and the assertio on
Of right to the exclusive use
and occupany of any part Of tina public
lands Of the United States in any state
or any Of the territories Of United States,
without claim, color or title, or asserted
right as above specified as to Enclosure,
is likewise declared unlawful, and hereby
prohibited
SEC. 2. That it shall be the duty of
the district attorney Of the United States
for the proper district, on affidavit filed
with him by any citizen Of the United
States that section one Of this act is be-
ing violated showing description Of the
land inclosed with reasonable certainty,
not necessarily by metes and bounds nor
by governmental subdivisions of sur
vsyed lands, but only 80 that the inclo-
sure may be identified, and the persons
guilty Of the violation as nearly as may
BE-, and by description, il the name can
not on reasonable description be ascer.
tanned, to institute civil suit in the prop
or United States district or circuit count,
Or territorial district court, in tho name
Of tho United States, and against the
parties named or described who shall be
IN charge Of or controlling the inclosure
complained Of as defendants, and juris-
diction is also hereby conferred on any
United States district or circuit court or
territorial district court having jurisdie-
ton over the locality whero the land in.
closed, or any part thereof, shall be situa,
ted, to hear and determine proceedings
10 equity, BY writ Of injunction, to re-
strain violations Of the provisions of this
act; and il shall be sufficient to give the
court Jurisdiction if service Of original
process be had in any civil proceedings
on any agent or employee having charge
or control Of the Enclosure; aud any suit
brought under the provisions Of this sec
ton shall have precedence for trial and
hearing over other cases on the civil doc.
ket Of the court, and shall be tried snd
determined At the earliest practicable dry
II any case if the Enclosure shall be
found 70 DO unlawful, the court shall
make the proper order, judgement, or
decree for the destruction Of the Enclosure,
in summary way, unless the inclosurc
shall b removed by the defendant with
n i've days after the order Of the court.
SIC. 3. That no person. by force,
threats, intimidation, or by any fencing
or inclosing, or any other unlawful means
shall prevent or obstruct, or shall CON-
biuc and confederate with others to pre-
vent or obstruot, any person from peace,
ably entering upon or establishing set
Element or residence OH any tract Of pub
lie land subject to settlement or entry un-
dor the pablo land laws Of the United
States, or shall prevent or obstruct free
passage or transit over or through the
public lands; Provided, This section
shall not be held to aztec. the right or
title Of persons, who having gone upon,
improved or occupied said lands under
the land laws Of the United States, claim
ing title thereto In good faith.
SEC. 4. That any person violating any
If tho provisions hereof, whether as own
er, part owner, agent, or who shall aid,
abet, counsel, advise or assist in any yio-
lation hereof, shall be deemed guilty of
. misdemeanor, and fined in q sum NOT
exceeding one thousand dollars and be
imprisoned not exceeding one year for
each oifense.
SEC. 8. That the President is hereby
authorized to take such measures as shall