v0755-571
United States Circuit Court
of Appeals
For the Ninth Circuit
United States of America,
Appellant^
'^^~ ' BRIEF OF APPELLEE
- FiCKETT,
Appellee.
- Fickett was indicted for interrupting, hindering
and preventing one Fernald from making a survey of five
certain unpatented mining claims, claimed and owned hj
the Old Pueblo Copper Company, a corporation, the said
Fernald being a person authorized to survey public lands,
in conformity with instructions of the Commissioner of the
General Land Office.
The indictment was demurred to on the ground that it
did not charge an offense, and the demurrer was sustained.
The indictment was drawn under Section 2412 of the
Revised Statutes of the United States :
"Every person who in any manner, by threats or force,
interrupts, hinders or prevents the surveying of the public
lands, or any private land claim which has or may be con-
firmed by the United States, by the persons authorized to
survey the same, in conformity with the instructions of the
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