United States v. Roth
District Court, D. Alaska
Action against the defendant under section 67, Penal Code of Alaska, for trespassing on lands in the possession of another.' The admitted facts in this case show that one C. H. Heine entered Garden Island, opposite the town of Fairbanks, as a homestead on May 6,1904; that it borders on the Chena river, which is admitted to be a navigable stream; that Roth subsequently entered upon that part of the land between high and low water, opposite the town, at the side of the bridge…
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Action against the defendant under section 67, Penal Code of Alaska, for trespassing on lands in the possession of another.' The admitted facts in this case show that one C. H. Heine entered Garden Island, opposite the town of Fairbanks, as a homestead on May 6,1904; that it borders on the Chena river, which is admitted to be a navigable stream; that Roth subsequently entered upon that part of the land between high and low water, opposite the town, at the side of the bridge crossing from Cushman street, and built a tent thereon, and occupies the ground. He was notified in writing to depart…
1Opinion of the Court
WICKERSHAM, District Judge.
Section 67 of the Penal Code provides:
“That if any person other than an officer on lawful business shall go or trespass on any lands or premises in the lawful occupation of another, and shall fail, neglect, or refuse to depart therefrom immediately and remain away until permitted to return upon the verbal or printed or written notice of the owner or person in the lawful possession of said lands or premises, such trespasser shall be deemed guilty of a misdemeanor, and shall be punished” as provided therein.
Was that part of Garden Island which lies between high and…
2Cases cited16 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Pollard's Lessee v. HAGANSupreme Court of the United States · 1845
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
- Knight v. United States Land Assn.Supreme Court of the United States · 1891
11 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bermudez v. Virgin Islands Telephone Corp.Superior Court of The Virgin Islands · 2011
- Barron v. AlexanderDistrict Court, D. Alaska · 1912
- People v. BrownNew York Supreme Court · 1803
- Thompson v. PeltonDistrict Court, D. Alaska · 1912