Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-05-16
THE PUBLIC DOMAIN.

Occupancy-A STRINGENT PrOvts.
ION i'm Favor of the People and
Against Corporations.
Following is the full text OF the law
passed by Congress last February "to pre-.
vent the unlawful occupancy of the public
lands:"
Gan Enclosures of any public lands, in
any State or Territory TO be hereafter
made, erected or constructed by any per-
son, party, association or corporation, to
any of which land included within the in
closure the party making or controlling
the Enclosure had nc claim or color of title
made or required in good faith, or an as
serted 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 Enclosure was or shall be
made, are hereby declared to be unlawful,
and the maintenance, construction or con-
troll of any such Enclosure is hereby forbid
den and prohibited; and the assertion Of q
right to the exclusive use and occupancy
of any part of the public lands of the
United States without claim, color or title
or asserted right as above specified as to in
closures, is likewise declared unlawful and
hereby prohibited.
cit shall be the duty of the District
Attorney for the proper district, on
affidavit filed with him by any citizen, that
section / Of this Act is being violated,
showing q description of the land inclosed
with reasonable certainty, not necessarily
by the metes and bounds nor by Govern
ment subdivisions Of surveyed lands, but
only 80 that the Enclosure may be identi-
fed, and the persons guilty Of the viola
ton as nearly as may be, and by descrip-
ton II the name cannot on reasonable in
quiry be asc~ertained. to institute a civil
suit in the proper United States District
or Circuit Court or Territorial District
Court, in the name of the United States,
and against the parties named or described
who shall be in charge of or controlling
the inclosure complained Of as defendants;
and jurisdiction is also hereby conferred
on any United States District or Circuit
Court or Territorial District Court
having jurisdiction over the locality
where the land inclosed, or any part
thereof shall be situated, TO hear and de-
termine proceedings in equity, by writ OF
injunction, TO restrain violations OF the
provisions of this Act; and j. shall be
sufficient to give the court jurisdiction II
service of original process be had in any
civil proceeding or any agent or employe
having charge or control Of the Enclosures;
and any suit brought under the provisions
of this sec ton shall have precedence for
hearing over other cases on the civil
docket, and shall be tried at the earliest
practicable day. In any case, il the inclos-
ure shall be found to be unlawful, the
court shall make the proper order, for the
distinction OF the inclosure, in a summary
way, unless the Enclosure shall be removed
by the defendant within five days after the
order of the court.
"No person, by force, intimidation, or
by any fencing or inclosing, or any other
unlawful means, shall prevent or obstruct,
or shall combine and confederate with
others to prevent or obstruct u person
from peaceably entering upon or establish
ing q settlement or residence on any tract
of public land, subject to settlement or
entry under the public 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 affect the right or title
Of persons who have improved or occupied
said lands under the land laws claiming
title thereto in good faith.
"Any person violating any Of the pro-
visions hereof, whether as owner. part
owner, agent, or who shall aid, abet.
counsel. advise or assist in any violation
hereof shall be deemed guilty Of a INSIDE
meanor, and fined In a sum not exceeding
81, 900 and to be imprisoned not exceeding
one year for each offense.
"The President is hereby authorized to
take such measures as shall be necessary
to remove and destroy any unlawful in
closure of any Of said lands, and to employ
civil and military force as may be neces-
sary for that purpose.
Where the alleged unlawful Enclosures
include less than 160 acres Of land, no suit
shall be brought under the provisions OF
this Act without authority from the Secre-
tary of the Interior.
Nothing herein shall affect any pend
ing suits to work their discontinuance,
but as to them hereafter they shall be
prosecuted and determined under the pro-
visions of this Act"