1. Public Lands (§ 19*) — Unlawful Inclosube — Construction of Statute —“Inclosure.”

Act Feb. 25, 1885, c. 149, § 1, 23 Stat. 321 (U. S. Comp. St. 1901, p. 1524), prohibiting the inclosure of public lands to any of which land included within the Enclosure the person or corporation making or controlling the inclosure has no claim or color of title made or acquired in good faith, in view of the conditions which led to its enactment, should receive a construction which will give effect to its broad purpose. The word “inclosure” as used therein cannot be restricted in meaning to a complete encircling of the land with a fence without openings, but applies to any means whereby there is effected practical separation of public land from the body thereof.

[Ed. Note. — For other cases, see Public Lands, Cent. Dig. §§ 25, 26; Dec. Dig. § 19.*

For other definitions, see Words and Phrases, vol. 4, pp. 3498, 3499.]

2. Public Lands (§ 19*) — Unlawful Inclosube.

Defendant cattle company maintained a post and wire fence 44 miles long around 37,000 acres of land, 26,000 of which was public land and 11,000 privately owned, the most of it by defendant. It was for the most part bottom land and practically surrounded that owned by the government. No part of the fence was on the public land. There were about nine openings in the fence each 100 feet or more in length but separated by long distances and some where the ground was very rough and almost inaccessible. Reid, that it constituted an unlawful inclosure within the meaning of Act Feb. 25, 1885, c. 149, § 1, 23 Stat. 321 (U. S. Comp. St. 1901, p. 1524), the maintenance of which was properly enjoined under section 2 of the act.

[Ed. Note. — For other cases, see Public Lands, Cent. Dig. §§ 25, 26; Dec. Dig. § 19.*]

.'8. Public Lands- (§ 19*) — Unlawful Inclosube — Suit for Injunction.

Inclosure of any of the public land or maintaining such an inclosure except by one making claim to the land in good faith is made unlawful by Act Feb. 25, 1885, c. 149, § 1, 23 Stat. 321 (U. S. Comp. St. 1901, p. 1524), and the intent with which the inclosure was made or is maintained is immaterial in a suit in equity for an injunction under section 2.

[Ed. Note. — For other cases, see Public Lands, Cent. Dig. §§ 25, 26; Dec. Dig. § 19.*]

■4. Public Lands (§ 19*) — Power of Government to Protect — Unlawful Inclosure.

The enforcement of a decree for the removal or destruction of an unlawful inelosure of public lands rendered under Act Feb. 25, 1885, c. 149, § 2, 23 Stat. 321 (U. S. Comp. St. 1901, p. 1524), is within the police power of the United States to protect its property and is not an infringement of the constitutional rights of the owner of the inclosure.

[Ed. Note. — For other cáses, see Public Lands, Cent. Dig. §§ 25, 26; Dec. Dig. § 19.*]