, 1885-02-17

now a law, subject to the approval Of the
president, was a house bill, but was
amended by The senate, which body struck
ous son,e Of the severe provisions origin
~ attached to IL
The following Is the text Of the bin as
il finally passed both houses:
Sxcr7os /, That al enclosures Of any
public lands in ans state or Territory Of
the United States. hcretofore.or to be here
affcr made, erected, or constructed, BY
any person. party, association. or corpoa-
ton, to any Of which and included with
in the inclosure the person. party, asso-
citation, or corporation making or con-
~trollips .he Enclosure had no claim or
color Of title made OF acquired in good
faith, or an asserted right thereto by or
under claim made in good faith with q
view to entry thereof 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 hereby
declared to be unlawful, and the main
ten ance. erection, construction, or control
of any such inclosurc is hereby forbidden
and prohibited; and the assertion Of a
right 70 the exclusive use aud occupancy Of
any part Of the public lands Of the United
States in any State or in any Of the terri
tories Of the United States. without claim,
color OF title, or asserted right as above
specified as to inclcsure, is likewise deciar-
ed unlawful, and hereby prohibited.
morn. The senate struck ont the fol-
lowing clause from the above section,
which had been passed by the house:
And ii shall be lawful for any person to
tear down; cut. or demolish any such in
closure as is above prohibited, when the
inclosure includes more than one hun
drcd and sixty acres Of land
SEQ 2. That It shall be the duty Of the
district attorney Of the United States for
the proper district, on affidavit fled with
him by any citizen Of the United States
that section l Of this act is being violated,
showing a description Of the land en-
closed with reasonable certainty. not nee
essarily by metes and bounds nor By gov
eminent subdivisions Of surveyed lands,
but only 80 that the inclosurc may be
identified, and the persons guilty Of the
violation, as nearly as may be, and by de-
scripsion If the name can not on reason
able inquiry be ascertained. to institute a
civil suit in the proper United States dis
trict or circuit court. or territorial district
court, in the name Of the United States
and against the parties named or de-
Eribcd who shall be in charge of or con-
trolling the inclosure complained Of as de-
PENDANTS; and jurisdiction is also hereby
conferred on any United States district or
circuit court having Jurisdiction over the
locality where the land inclosed, OF any
part thereof. shall be situated, to hear
and determine proceedings in equity. by
writ Of injunction, to restrain 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 proceeding ON any agent or en-
ploye having charge or control of the in
closure; and any suit brought under the
provisions Of this section shall have pre-
eedence for bearing and trial over other
cases on the civil docket Of the court, and
shall be tried and determined at the earli-
est practicable day. In any case IL the
Enclosure shall be found to be unlawful,
the court shall make the proper order,
judgment. or decree for the destruction Of
the inclosure in a summary way. unless
the inelosure be removed by the defendant
within FIVE days after the order Of the
court.
SIC. 3. That no person, by force.
threats. intimidation. or by any fenc-
ing or inclosing, or any other unlawful
means, shall prevent or obstruct or shall
combine and confederate with others to
prevent or obstruct any person from
peacesbly entering upon or establishing
q settlement or residence on any tract Of
public land subject 4 settlement or entry
under the public-land laws of the United
States, or shall prevent or obstruct free
passage or transit ovcr or through the
public lands: Rsordcd. This section
shall not be held to affect the right or
title Of persons who have gone upon, i'm
proved, or occupied ssidhnds
lNorE: The senate struck out Of the
above section the following clause. And
the continuance of an unlawful inclosure
after conviction or pending prosecution
shall be deemed another offense.
SIC. 4. That any person violating any
Of the provisions hereof, whether as
owner, part owner or agent. or shall aid.
abeL counsel, advise or assist in any vio-
lafion hereof, shall be deemed guilty Of a
misdeameanor. and fined in a sum not
exceeding 81 600 and be imprisoned not
exceeding one year for each ofiense.
SIC. 5. That the president is hereby
authorized to take such measures as shall
be necessary to remove and destroy any
unlawful inciosure Of any Of said lands,
and to employ civil or military force as
may be necessary for that purpose.
As to section 4. it must be borne in
mind that the criminal feature Of the act
extends, As Of course, only to such viola
tons OF the act as may occur after It's
passage. 50 that it would be a misdea-
meanor to build fences after the final
passage and approval Of the act, while,