The Arizona champion., 1890-03-08

numbered sections in each and a
 of the townships and fractions
 townships above mentioned belon
 to and are part of the public domail
 of the United States. That tn
 defendants have not, nor has eithe
 of them, any right, title, interest
 or possession or right of possession
 of or to any of the lands embraced
 in any of the townships or fraction
 al townships above mentioned, nor
 have they ever had any such right,
 title, interest or possession. That
 none of the lands included within
 said townships or fractional town
 ships are fenced or enclosed, except
 small portion owned by plaintiffs,
 which they have heretofore enclosed
 with fences for use as corrals, with
 In which to gather from time to
 time their cattle in order to brand
 the young thereof. They allege that
 tor various reasons they cannot fence and enclose their lands with
 out enclosing large portions of the
 lands of the United States, and
 without rendering large and valua- ble portions of their own of no val ue, by reason of the shutting of and preventing their own cattle from obtaining necessary water. That the defendants, Houtz and Conant now and for long time past, have owned a large number, to wit, l5, 900 head of sheep, and each of the other defendants to this action is now and for long time past has been the owner of a large flock or herd of sheep. The smallest num- Der owned by any one party excee,ls as plaintiff believes, five thousand, and the aggregate mum Der of sheep so held exceeds two hundred thous and.
 It is then alleged that the official survey of the United States has been extended over all land within the townshi ps and fractional townships mentioned in the Li.l, and that there are seven weil-deiined and well-known travelled Highways over those lands, four of whi.h run in a northerly and soytlieriy direction, and three in an eaote,ly lnd wester- y direction, entirely across the lands embraced in said townships and fractional townships. along which the sheep of the iefendants may be driven without injury to to plai1 tiffs' lands, notwithstanding wbich each of said defen;,4nts claims aud asserts that he has tIle lawful right and is entitled to drive all sheep owned by him owe: and acro.s any Of said lands of these plaintiffs, and to pasture and graze his sheep thereon whenever and wherever he may des ire so to do. That all of said defendants respectively rely upon and set up commpn, though not a joint, pretended Ii .ht to drive, graze and pasture his sheep thereon, and each of said defendants bases his pretended right to drive, graze and pasture his sheep upon the lands of the plaintiffs upon pre- :i,ely the same state of facts as that relied upon by each of the other defend ants. That is to say, each of said defendants claims that all the even numbered sections i'll each of said townships and fractional townships being unoccupled public dom1in of the United States, he las an implied license from the government of the United States to dive, graze and pasture his sheep thereon. and that he cannot do this without having them run, graze and pasture upon the lands of the pla ntii's. There fore each of said defendants claims and asserts that he Is entitled to have his said sheep run, graze and pasture upon the lands of tie plain tiffs as aforesaid; anI that during the year past each of ssi defend ants did repeatedly dive large bands and herds of sheep over, up on and across the lands uf these plaintiffs, and graze and pa-ture the same thereon, u the great in jury and damage of the said plaint- ifs, aud that tn y and each of them threaten to continue to do this and l will do 1t unless restrained by order