McCook weekly tribune. (McCook, Neb.) 188?-1886, 1885-03-26
FENCES OFFENSIVE.
The Bill Passed by Congress Pro-
hibiting Unlawful Enclosures.

AN ACT TO PREVENT UNLAWFUL OCCUPANCY
OF THE PUBLIC LANDS.
Be 1t enacted by the senate and house of
representative of the United States of Ameri
ca in congress assembled 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 corporation, to
any Of which land included within the inclos-
ure the person, party, association, or corpora
ton making or controlling the Enclosure had
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
to entry thereof at the proper land Office I'M
der the general laws of the United States at
the time any such Enclosure was or shall be
made. are hereby declared to be unawfu'
and the maintenance, erection, construction,
or control of any such Enclosure is hereby for
hidden and prohibited and the assertion of a
right to the exclusive use and occupancy of
any part of the public lands of the United
States in any state or any of the territories of
the United States. without claim, color of title,
or asserted right as above specified as to en-
closure, is likewise declared unlawful, and
hereby prohibited.
SEC. 2. That it shall be the duty of the dis
trict 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 being violated showing de-
scription of the land inclosed with reasonable
certainty, not necessarily by metes and
bounds nor by governmental subdivisions of
surveyed lands, but only so that the Enclosure
may be identified, and the persons guilty of
the violation as nearly as may be- and by de-
scription, if the name cannot on reasonable
inquiry be ascertained, to institute 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 Enclosure complained as
defendants; and jurisdiction is also hereby
conferred on any United States district or cir
cult court or territorial district court having
jurisdiction over the locality where the land
Enclosed, or 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 it shall be suffi
cient to give the court jurisdiction if service
of original process be had in any civil pro-
ceedings on any agent or employee having
charge or control of the inclosure and any
suit brought under the provisions of this sec
ton shall have precedence for hearing and
trial over other cases on the civil docket of
the court, and shall be tried aid determined
at the earliest practicable day. In any case if
the Enclosure shall be found to be unlawful,
the court shall make the proper order, judg
ment, or decree for the destruction of the in
closure, in a summary way, unless the inclos-
ure shall be removed by the defendant within
five days after the order of the court.
SEC. 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 combine and confederate
with others to prevent Or obstruct, any per-
son from peaceably entering upon or estab-
fishing 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 pas
sage 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 gone upon, improved or occupied said
lands under the land laws of the United States,
claiming title thereto, in good faith.
SEC. 4. That any person violating any of
the provisions 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 misdemeanor, and fined
in a sum not exceeding one thousand dollars
and be imprisoned not exceeding one year for
each offence.
SEC. 5. That the president is hereby author
lied to take such measures as shall be neces-
sary to remove and destroy any unlawful in
closure of any of said lands, and to employ
civil or military force as may be necessary for
that purpose.
SEC. 6. That where the alleged unlawful in
closure includes less than one hundred and
sixty acres of land, no suit shall be brought
under the provisions of this act without au-
thority from the secretary of the interior.
SEC. T. That nothing herein shall affect any
pending suits to work their discontinuance,
but as to them hereafter they shall be prose-
cuted and determined under the provisions
of this act
Approved, February %, 1885,
The party assembled the steps, MAX
ING as little noise as pOssible. and Col.