The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1885-01-31
FENCING PUBLIC LANDS.
A Stringent Law to Prohibit This Evil.
IL


Especial Correspondence)
WASHINGTON, D. c., Jan. 27.-The bill
to prevent the unlawful occupancy of the
public lands which passed the House last
June was amended in the Senate on the
report of Senator VanWyck this week and
will be passed. The bill provides that all
Enclosures of any public lands of the
United States heretofore and to bc here
after made, erected by any person or
corporation, to any of which land ipclud-
ed within the inclosure the person or cor
poration making or controlling the inclos-
ure had no claim or color of title made or
acquired in good faith, at the proper land
office, are hereby declared to be unlawful
and the maintenance, construction or con-
troll Of any inclosure is hereby prohibited,
and the assertion of right to the exclus-
i've use and occupancy of any part OF the
public lands of the United States without
claim, or color of title as to inclosurc, is
likewise declared unlawful. 1t shall be
the duty of the district attorney, 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 description of the land inclosed
with reasonable certainty, not necessarily
by governmental subdivision of surveyed
lands, but only so that the inclosure may
be identified, and the persons guilty of
the violation by description if the name
cannot be ascertained, to institute civil
suit in the proper United States district or
circuit court, in the name of the United
States, and against the parties who shall
be in charge of the inclosure complained
of as defendants; and jurisdiction is con-
ferred on any United States district or cir
cult court having jurisdiction over the To-
cality where the land he 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
sufficient to give the court jurisdiction if
service of original process be had on any
employe having charge Of the enclosure;
and any suit so brought shall have prece-
dence over other cases on the docket. In
any case if the enclosure shall be found
to be unlawful, the court shall make the
proper order for its destruction in a sum-
mary way, unless the inclosure shall be
removed by the defendant within 5 days.
No person, by force, threats, or by any
fencing Or any other unlawful means,
shall obstruct or shall combine with others
to prevent any person from peaceably en-
tering upon any tract of public land sub
ject to settlement under the public land
laws of the United States, or shall obstruct
free transit through the public lands:
This shall not apply to persons who have
occupied said lands, under the land laws
of the United States, claiming title there
to in good faith. Any person violating
the provisions hereof whether as owner or
agent, or who shall assist IN any violation
hereof, shall be deemed guilty of MIS-
demeanor, and fined not exceeding $1,000,
and be imprisoned not exceeding one year
for each offense. The President is author
lied to take measures to destroy any un-
lawful inclosure of any of said lands, and
for such purpose to employ civil Or mill
tary force, as may be necessary. Where
the alleged unlawful inclosure includes
less than 100 acres of land no suit shall
be brought under the provisions of this
act without authority from the secretary
of the interior. Nothing herein shall af-
feet any pending suits to work their dis
continuance, but as to them hereafter, they
shall be prosecuted and determined under
the provisions of this act.
The Proper Indian Policy.
Delegate Maginnis of Montana in the
IL