, 1882-12-01

appeal to the commissioner,
The appeal must be in writing, def
initely setting forth in clear and con-
else terms the specific points of ex.
ception to the decision appealed from
and the reason or reasons upon which
exceptions are based.
OF the shfficiency Of such appeal
the General Land Office will be the
Judge, and will dismiss from further
notice any case wherein the appeal is
based upon frivolous grounds, or
where the proper formalities and
grounds are wanting, unless in the
record itself, either of the case or
upon the books of this Office, some
sufficient cause shall be found for
further consideration under the gen
eral power of supervision vested in
the commissioner by law.
Upon objection to the finding of
the General Land Office regarding an
appeal, the matter will be reported
to the Honorable Secretary OF the
Interior for his direction thereon.
The appeal must in all cases be filed
with the district officers, to be for
warded by them with full report of
the case to the General Land Office.
This report should recite the pro-
ceedings had, to wit: The applica-
ton and rejection, with the reasons
therefor, and also the status of the
tract involved, as shown by the rec
ords of the office, together with ref
erence to all entries filings, annota-
tions, memoranda. and Correspondence
shown by such record relating there
TO, so as to direct the attention of the
commissioner to all the material facts
and issues necessary to a proper de-
termination of the questions present
ed.
No appeal from the decision of the
register and receiver will be received
ut the General Land Office unless for
warded through the local officers in
the manner herein prescribed.
The report should be forwarded at
once upon the filing of the appeal,
except IN contested cases after regu-
lar hearing, when, unless all parties
request its earlier transmission, it
should not be made until the expira-
tion of the thirty days included in
the notice, in order that all parties
may have full opportunity to exam
inc the record ana prepare their ar
gument upon the questions at issue.
All documents once received must be
kept on file with the cases, and no
papers will be allowed under any
circumstances to be removed from
such files or taken from the custody
of the register and receiver; but ac-
cess to the same under proper rules,
SO as not to interfere with necessary
public business, should be permitted
10 the parties in interest, under the
supervision Of those officers.
Upon any question relating to the
disposal of the public lands, appeal
from the decision of the General
Land Office will lie to the Secretary
of the Interior Revised Statutes,
secs AL, 2273), except in cBses of in
terlocutory orders and decisions, and
orders for hearing, or other matters
resting in the sound discretion of the
commissioner. Such latter cases con
stitute matters of exception, which
should be noted, and they will be
considered by the Secretary on re-
view.
The appeal is required to be made
in writing, fairly and specifically
stating the points of exception to the
decision appealed from, and must be
filed either with the register and re
celver for transmission, OF with the
commissioner, within sixty days from
receipt, by the party or his attorney,
of the notice OF the decision.
After appeal is filed, the fact of its
receipt and pendency will be prompt
ly communicated to the district office
and to the parties, and thirty days
from service of such notice will be
allowed for the filing OF argument on
the points involved IN the controver-
sy. At the expiration of the time
prescribed, the papers and record
will be forwarded to the Secretary of
the Interior. All arguments must be
flied with the commissioner within
the time specified in the notice, in or
der that they may be referred to and
considered in transmitting the case
to the secretary, if deemed expedient
by the commissioner. Examination
of cases on appeal to the secretary
will be facilitated by filing in printed
form such argument as it is desired
to have considered.
Decisions of the commissioner not
appealed from, within the period
prescribed, become final, and the case
will be regularly closed. (Reyised