Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-04-08
AN ACT
To Prevent Unlawful Occupancy of
the Public Lands.

From Mr. ]. I. Evans we have received
copy Of the act herewith published, anC
present it for the benefit of the people
generally. Captain Evans has especia
instructions from Assistant-C Commissions
Harrison, which are in favor of the laws
and not the law-breakers. The Captain viii
follow them out, too
BE 1t enacted By the Senate and House
Of Representatives. ofhe United States O
America an Congress assembled, That all
enclosures of any public lands in any State
or Territory of the United States, hereto
fore or to be hereafter made, erected, or
constructed by any person, party, asso-
clatlon. or corporation, to any OF which
land included within the inclosure the
person, party, association, or corporation
making or controlling the enclosure had
no claim or color of title made or acquired
IN good faith, or an asserted right there
to by or under claim, made in good faith
with view to entry Thereof at the proper
Iand-otfice under the general laws of the
United States at the time any such in
closure was or shall be made, are hereby
declarefto be unlawful, and the main
tenance, erection, construction, or control
OF any such inclosure is hereby forbidden
and prohibited; and the assertion OF
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 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 being vio-
lated showing description of the land
mclosed with reasonable certainty, not
necessarily by metes and bounds nor by
governmental subdivisions of SURVEYED
lands, but only so that the inclosure NAV
be identified, and the persons guilty. of
the violation as nearly as may be, and bv
description, if the name cannot on rea-
sonable inquiry be ascertained. to insti-
tute civil suit in the proper United
States district or circuit court, or Terri
tOrial district court, in the name of the
United States, and against the par
ties named or described who shall
be IN charge of or controlling
the Enclosure complained of as defend
ants; and jurisdiction is also hereby con-
ferred on anyUnited States district or cir
cult court or Territorial district court hay
ing jurisdiction over the locality where
the land inclosed, or any part thereof,
shall be situated, to hear and determine
proceedings IN equity, by writ of injunc-
ton, to restrain violations of the provis-
ions of this act; and it shall be suf-
flcient to give the court Jurisdiction
If service of original process be !
had in any civil proceeding on
any agent or employee having charge or
control of the Enclosure; 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 |
and 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, judgment, or de-
cree Tor the destruction of the Enclosure.
In summary way, unless the Enclosure
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 lncloslng, or any other unlawful means
shall prevent or cbstruct, or shall com
blne and confederate with others to pre-
vent and Obstruct, any person from peace
ably entering upon or establishing settle
ment or residence on any tract of
public land subject to settlement or
entry under thepublic land laws ofthe Uni
ed States, or shall prevent or obstruct free
11SS1OQ trans SIT /,
ic lands Proyided, This section shall not
De held to affect the right or title of per-
sons, VINO have gone upon, improved or
occupied said lands under the land laws
II the United States, claiming title there
o, in good faith.
SECTION 4. That any person violating
my OF the provisions hereof, whether as :
'Wner, part owner, agent, or who shall
id, abet, counsel, advise or assist in anv {
iolation thereof, shall be deemed guilty
I misdemeanor, and fined in sum
ot exceeding one thousand dollars and
re imprisoned not exceeding one year {
Dr. each offence.
SEC. 5. That the President is hereby
to take such measures as shall
e necessary to remove and destroy any t
nlawful Enclosure of any of said lands. !
nd to employ civil or military force as :
lay be necessary for tn at purpose.
Sec. 6. That where the alleged unlaw-
IL Enclosure includes less than one hun
red and sixty acres of land, no suit shall
e brought under the provisions of this act |
ithout authority from the Secretary of '
lie Interior.
Sec. Z. That nothing herein shall
feet any pending suits to work their dis
but as to them hereafter
ley shall be prosecuted and determined
1der the provisions Of this act
Approved, February 25th, 1885.