Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1888-11-19
LAND REVIEW.
Publication Of Final Proof Notices
Duties Of District Land Officers..in Re.
kpcct Thereto Publishers Fees.

FINAL proof is the act of Congress ap-
proved March 8, 1879, and applies
exclusively to homestead and pre-
empt:on entries. Fl
Departmental regulations have been
promulgated requiring such publica- !
ton in desert land and timber culture
entries. l believe that there is no direct
statutory authority for the institution
of such regulation in respect to such
entries, but that it is claimed that the
authority is found in the general pro-
visions Of law relating to the making
of regulations necessary to carrying
into effect the laws governing dispos-
ais of public lands.
Under the law requiring the publ
cation OF notice in presumption and
homestead cases provision is made
that the "Register shall publish no.
tioe, etc.," and in the regulations re,
.ting to said law it is provided that
"the filing of such notice must be &c
companied. by a deposit of sufficient
money to pay the cost of publishing
the notice to be given by the Regis
ter" In such cases there can be no
question but that the Register is leg
ally responsible to the publisher for
the amount of publication fee. As
the affidavit Of the publisher or fore
man of the newspaper is necessary to
show that the law has been complied
with, publishers may usually enforce
payment of their charges by refusing
to furnish such affidavit until payment
has been made for advertising. o..
casionally, however, Registers fail to
require the deposit mentioned, and
order the advertising as usual; then
the en,ryman fails to make proof
abandons his claim perhaps--and the
Register declines to pay the publish
er. In such cases judgment could no
doubt be secured against the officer
In the proper court of the locality. In
fact, am of the opinion that Regis.
ter of Land Office, is, like other
people, amenable to the laws, and
liable for the amounts of contracts
entered into by him, aud when he
orders advertising, with specially stat
ing that in making such order he il
merely acting as the agent of anothc-,
the giving by him and execution by
the publisher Of such order constitutes
u contract under which payment OF
the usual advertising charge may be
enforced by legal process provided,
of course, that the Register has prop
erty subject to execution.
| Certain publications are required
by law in other classes of entry
Under the Stone and Timber Act
applicable TO Oregon, California
Nevada, and Washington Territory
publication is required in advance o
entry. Under this law the distric
land officers have nothing to do will
the publication OF notice, further thar
to furnish a copy Of the same to ap
plican: to be published at his ow,
expense in the newspaper published
nearest the location Of the land. O
course. registers may, as a matter o
accommodation to the applicant, for
ward the notice to the publisher, blu
he is not required to do so by til
statute, and such action by him with
out disclosing the fact that he
, merely acting as the agent of tn
entryman, woula render him legal
liable for the amount of the publica
" ton fees. The publishers can pro
r tect themselves in these cases, whe,
the applicants are in good faith, b
demanding their advertising fees BIZ
fore furnishing the evidence Of publ
. cation, whether the order be given b
i the register or BY the applicant.
d The remarks relative to the leg
# liability Of registers in the matte
e mentioned, are based on gener
, Is business principles, and will be mod
r. fed, Of course, by the usages OF tn
:. localities in which cases arise.
t. publishers have been acceptir
d orders for publication in Timber al
l. Stone Entries from registers 81
~ looking to applicant for compensate
;, and i. has been long understood tn
T. in giving such orders the. officer b
acted as agent for applicants,
ooursn rho officer would pot ha +, !