v0755-579
/^
United States Circuit Court ot Appeals
For tlie Ninth Circuit
United States of America,
Appellant.
vs REPLY BRIEF OF APPELLANT
- Fickett,
Appellee.
ARGUMENT
It is, of course, conceded that a mining claim is not a
private land claim within the meaning of that expression
as used in Section 2412 Revised Statutes of the United
States, under which the prosecution in thi? case was initiated.
The appellee in his brief states that the language of the
indictment is somewhat anomalous, in that it is charged that
Fickett interrupted the survey of the public lands, which said
lands were, then and there, mining claims and were
claimed and oiined by a private corporation. The ques-
tipn is then asked: "Can it be that property that has been
granted by the United States and is owned in private is
public land?" It is perfectly apparent from the language
of this indictment, wherein it charges that the lands in
question were unpatented mining claims, that the govern-
archive.org Volume Name: govuscourtsca9briefs0755
Volume: http://archive.org/stream/govuscourtsca9briefs0755
Document Link: http://archive.org/stream/govuscourtsca9briefs0755#page/n578/mode/1up
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