The Arizona sentinel. [volume] (Arizona City [Yuma], Yuma County, A.T. [Ariz.]) 1872-1911, 1883-01-27

law or the regulations made
hereunder, and in violation o
the same shall. to the prejudice
of applicants, cause publication
Of mineral notices to be publish
ed 10 his own interest or in the
interest of particular newspapers
he commits a misdemeanor il
office. such as in my judgement
merits no less of Il rebuke than
immediate dismissal.
It will be observed by refer.
ence to paragraph "a, page IS. U.
S. Mining Laws, and regulations
hereunder. that applicants must
furnish the agreement of the
publisher to hold applicant for
patent alone responsible for the
charges of publication, and the
last paragraph of circular instruc-
tions issued by the commission
er April 8, 1880, reads as follows,
viz: "In the performance of the
duty Of designating the news
paper as that published nearest
the claim you are not expected
to make d discrimination, on ac-
count of the distance of the place
of publication from the claim,
between different newspapers
published in the same town or
city. Any one of several news
papers so situated may be desig>
nated."
There is no doubt of the intent
and meaning of these instruc-
tions, namely: That the appli-
can't who has to contract for and
pay the cost of publication may
choose the newspaper in which
his notice Of Application for patent
shall be published providing the
town or point of issuing the pa
per is nearest to the claim, said
place being the main question
for the register to act upon in the
matter of designation, that the
publication be male in pursuance
of the rule in respect to distance;
that is to say, the register, under
the laws and regulations, must
determine at what point a news
paper is published nearest the
claim, and if at tLat point two or
more newspapers are published,
it is of no consequence to the
Government in which of the two
or more papers a notice is pub
llshed, and to arbi trarily force all
notices into one paper would be
a violation of the provisions of
section 1884, revised statutes, by
robbing applicants Of the liberty
to obtain the publication of their
notices at. the most reasonable
rates, as the statute provides they
may.
1t does not become an official of
the government to exercise par
tiality in the discharge of his du-
lies, and whoever i'll an official
does so, not only does
wrong, but deservedly becomes
odious in the eyes Of the people.
In the patter of the publication
of notices OF intention to make
final proof by applicants for agri-
cultural lands, Substantially the
sa me rule applies as fer mineral
/ Offices, and need not be discussed
at this time.
In what I have said it has been |
my aim to define the rights of |
both publishers and applicants.
and to expose the falIacious idea
that the land office has patronage |
to dispense, or that an officer of |
it is privileged to divert the bus
mess of the office into special
contrary to law and |
regulations, for personal aggran-
liZement, in support of special
interests, in behalf of |
friends, To the prejudice of pub
ishers and applicants, and in vi
)lation of the honest rule under
ying all the land laws and regu-
atiuns-absolute impartiality i'll
I'll matters and towards all per
onS within the purview Of adj
illustrative action.
Very respectfully,
G.. +. DALEY,
Receiver Of Public Moneys. II