Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1884-02-05
ADVERSE CLAIMS.
They May Be Filed on the Last Day Of
PublicatiOn.-An Important Circular.
WAsHINGTON, d. c.,
January IA, 1884.

WV NSOIClOu " lIIC AlOlI. AoSCICtdIy vi
the Interior, in case of Charles X.
Miner, claimant of the Spencer Lode,
vs.. J. G. Marriott ct al, claimants of
the Tabor Lode, dated January
1884:
"Section 1928 of the Revised Stat
.utes requires, among other things,
newspaper publication for the period
OF sixty days, as notice of applica-
ton for mineral patent. 1t also pro
vides that 'if no adverse claim shall
have been filed with the register and
receiver of the proper land Office at
the expiration of the sixty days of
publication, it shall be assumed that
the applicant is entitled to patent,
upon the payment to the proper Of.
ficer of five dollars per acre, and that
no adverse claim exists
"Section 1896 prescribes the meth
cd of procedure where an adverse
claim is filed during the period of
publication
"For the purpose of deciding the
question raised by the appeal, it is
only necessary to apply the provisions
OF law above cited to the facts rel
ative to publication, as disclosed by
the record.
"These are found to be as follows:
The first publication for the Tabor
lode was, as already stated, on the
lst Of June, 1882. The adverse
claim of Miner was filed on the Sd of
August, 1892.
"Excluding, in accordance with
long-established rule of the Depart
ment, the first day, we find the sd of
August to be the esd day of pub
LEGATION.
IAN apparently plain and simple
proposition is thus presented for con-
sderation.
"The law requires that an adverse,
to be effective, must be filed within
the sixty days of publication. Mi
ner's adverse claim was not filed un.
til the sixty-third day. Was it filed
within the period prescribed by the
law, and mas the adverse claimant
legal status as such?
"This would admit Of no discus
sion except for the following facts:
This Department has held for num-
Ter of years Certainly since 1874
that where publication is made in
weekly newspaper, ten insertions are
essential in order to show compliance
with the law requiring sixty days
publication. la such cases the tenth
issue falls on the sixty-third day after
the first In view Of this ruling of
the Department, your Office in Octo-
Der, 1879, promulgated decision or
order containing the following:
'Ihe last, or tenth, insertion being es-
scntial, it follows that adverse claims
may be filed until the expiration of
the day upon which the last Issue Of
such weekly publication is made
"This rule has since been followed
by your Office, and YOU therefore rec
oynize as legal and valid the adverse
claim of Miner, filed on the dav of
tenth issue of paper containing pub.
LEGATION, i. e., on the sixty third dav
In my opinion the practice of vonr
otlice referred to is not necessary as a
logical result of the rule requiring
ten insertions in week ~ paper, nor
i it consistent with the law which
prescribes the time within which an
adverse claim may I've filed.
"Sect!on 1925 OF the Revised Stat
utes specifically fixes sixty days as the
period of publication, and saws If no
ad 'erse claim shall have been filed
at the expiration Of the
sixty days Of publication it shall be
assumed that the applicant is entitled
to patent &c. The regulation re.
curing ten publications (in weekly
paper, thus in fact making the period
slNty-tlree days instead of sixty, ioes
not alter the law a, to sixty DAYS for
the fling of an adverse.
"lhe regulation has its reason II
the fact tia, in no other way can the
lawreqnlrina sixty days publication be
complied with. Nine issues Of ,
weekly paper would not cover the IT.
qulred period. It's true that the lO,l
Insertion carries the publication thre,
da's heyona the legal, r, quired ski,
days :", f.r the purrp,. Of me-,