The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1885-02-06
FENCING PUBLIC LANDS.
A Stringent Law to Prohibit This Evil.

Special Correspondence Livingston Enterprise.
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 re-
port 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 be hereafter made,
erected by any person or corporation, to any
of which land included within the enclosure
the person or corporation making or con-
trolling the inclosure 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. construc.
ton or control of any Enclosure Is hereby
prohibited, and the assertion of right to the
exclusive use and occupancy of any part of
the public lands of the United States with.
cut claim or color of title as to Enclosure, 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 of
this act Is being violated, showing descrip-
ton of the land inclosed with reasonable
certainty, not necessarily by governmental
subdivision of surveyed lands, but only so
that the Enclosure may be identified, and the
persons guilty of the violation by description
If the names cannot be ascertained, to insti-
tute civil suit in the proper United States
Digtrict nr cirant in h. g tbo
United States, and against the parties who
shall be In charge of the enclosure COM
planned Of as defendants; and jurisdiction
is conferred on any United States District or
Circuit Court having jurisdiction over the
locality where the land 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 suffi- |
Glen: to give the court Jurisdiction If service |
of original process be had on any employe |
having charge of the enclosure aud any suit |
so brought shall have precedence over other
cases on the docket. In any case If the In.
closure shall be found to be unlawful, the |
court shall make the proper order for its
destruction In . summary way, unless the
inclosure shall be removed by the defendant
within 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
entering 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 thereto in good faith.
Any person violating the provisions hereof,
whether as owner or agent, or who shall
assist in any violation hereof, shall be deem.
ed guilty of misdemeansr, and fined not
exceeding $1,000, and be imprisoned not ex.
ceeding one year for each offense. The
is authorized to take measures to
destroy any unlawful Enclosure of any of
said lands, and for such purpose to employ
civil or military force, as may be necessary.
Where the alleged unlawful Enclosure in
cludes 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 affect
any pending suits to work their discontnu.
snce, but as to them hereafter, they shall be
prosecuted and determined under the provs- ]
ons Of this act.