Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1885-05-16
Land Contests.

VI VIC geheTai lahu once hearings anC
contests before the local officers are IN
great measure rendered unnecessary
Amended rule 35 Of rules of practice
was made especially that testimon,
should be taken near the land in con
troversy. 1t is only necessary in such
cases that the officer, place and time
should be designated in the notice
whether service is had by publication
or personal service.
County clerks are informed by the
J general land Office that when protest
is offered, or any person appears to OBJ
ject to claimants entry or proof, you
should take all the testimony offered or
both sides first examining claimant and
his witnesses, and then taking testimony
on the part of the protestant. Either
party can cross examine the witnesses
Of the other side"
In his circular Of September II, 1884
the commissioners says: Notice to
make proof is an invitation to all the
world to contest the right of the party
to make proof, and full teslnonv should
| then be taken on both sides and the
record made up for action and decision
in the case"
In his circular of December 10, 1854,
the commissioner says: Notice to
make proof is an invitation to all per-
sons to come in and show cause why
proof should not be allowed 1t il not
necessary that an objection should be Il
prior party to the record 1t is not nee
essary that he should be party in IN
tercst. When any person appears at the
time and place set for making proof all
the testimony in favor of and against
the entry, should he taken, and de-
cision rendered in the same manner rs
in contest cases"
In his instructions Of Oct. IL, 1854, the
commissioner said: Claimant having
by his notice invited objections to his
entry, and a time and place being set
where any adverse claim may be assert.
cd, he is expected to be prepared to
support his claim against all charges
and counter claims which may be pre-
:ented. If more time is necessary to ob
tain evidence, Il postponement may be
had in the usual manner as by censent
Of parties, as in ordinary contest cases
pr an adjournment to a future day to
the local office can be had if parties so
lesire."
In the case of Marquadt VS., Olson, II
Copp, p. 2l3, the secretary of the interior
said: "No:ice of final proof is publish.
ed that all parties in interest may be al
vised Of the proceeding, and when one
teglects this opportunity for objection,
il is also reasonable to presume he has
none"
From the foregoing rulings ii is quite
evident that the general land office has
done all in it's power to save parties to
proof contests and hearings the expense
OF travelling long distances to Sthc land
office and paying the expenses of wit
neSses detained for examination. The
mode Of procedure is made as simple
and inexpensive as possible The duty
of the clerk or notary taking testimony
presented and transmitting it in proper
shape to the land officers, who are al
lowed nothing for examination and de.
cision.
If Ifnotaries, clerks and attorneys would
provide themselves with volumes 10 and
II Of Copp's Land Owner, and subse-
quent numbers as they appear every
fortnight, they would have no trouble
in complying with the liberal regula-
tions now in force. Hearings NAV be
had at Speafish, Sturgis, as we'll as Rapid,
Custer Hot Springs and Minnesota, and
places not county seats. A contest may
be had before any officer authorized to
take proof. The necessity of expensive
trips to The land Office is obviated in al
most every possible case.