Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1888-11-24
COPP'S LAND REVIEW.
Publication OF Final Proof Notices
Duties OF District Land Officers i'm

Duties OF District Land Omcers I'm
Respect Observation-Disclosures Fees.
The only law requiring the publication OF
notice of intention to make final proof is the
act of Congress approved March 8, 1879 (2o
Stat, 472), and applies exclusively to home,
stead and pre-. emption entries.
Departmental regulations have been pro-
mulgated requiring such publication in des
ert-land and timber culture entries. believe
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 provisions
of law relating to the making of regulations
necessary to carrying into effect the laws
governing disposals of public lands.
Under the law requiring the publication of
notice in pre- emption and homestead cases
provision is made that the "register shall
publish a notice." ETC., and in the regulations
relating to said law it is provided that "the
filing Of such notice must be accompanied
by deposit of sufficient money to pay the
cost Of publishing the notice to be given by
register. In such cases there can be no
question but that the register is legally re-
sponsible to the publisher for the amount Of
Usher or foreman Of the newspaper is neces-
sary to show that the law has been complied
with, publishers may usually enforce pay
ment of their charges by refusing to furnish
such affidavit until payment has been made
for advertising. Occasionally, however, reg
ister's fail to require the deposit mentioned,
and order the advertising as usual; then the
entryman fails to make proof-abandons his
claim perhaps-and the register declines to
pay the publisher. In such case judgment
could no doubt be secured against the officer
in the proper court of the locality. In fact
am of the opinion that register of land
office, is, like other people, amenable to the
laws, and liable for the amounts of contracts
entered into by him, and when he orders adj
vertising, without specially stating that in
making such order he is merely acting as the
agent of another, the giving by him and ex-
ecution by the publisher Of such order const-
tues contract under which payment of the
usual advertising charge may be enforced by
legal process, provided, of course, that the
register has property subject to execution.
Certain publications are required by law
in other classes of entry. Under the Stone
and Timber Act, applicable to Oregon, Cal.
fornia, Nevada and Washington Territory,
publication is required in advance Of entry.
Under this the district land officers have
nothing to do with the publication Of notice,
further than to furnish copy of the same to
applicant to be published at his own expense
in the newspaper published nearest the loca-
ton Of the land. OF course, registers may,
as matter Of accommodation to the appli-
cant, forward the notice to the publisher, but
he is not required to do so by the statute, and
such action by him without disclosing the
fact that he is merely acting as the ag-nt of
the entryman, woulp render him legally liza
BILE for the amount of the publicrtion fees.
The publishers can protect themselves in
these cases, where the applicants are in good
faith, by demanding their advertising fees,
before furnishing the evidence of publication,
whether the order be given by the register or
by the applicant.
The remarks relative to the liability OF
registers in the matters mentioned, are based
on general business principles, and will be
modified, of course, by the usages of the To-
calites in which cases arise. If publishers
have been accepting orders for publication in
Timber and Stone Entries + ON registers and
looking to applicants for compensation, and
it has been long understood that in giving
such orders the officer has acted as agent for
applicants, of course, the officer would not
be liable for the amount of publishers fees.
This letter is called out by complaints and
inquiries recently received from publishers,
indicating that the questions herein discussed
are imperfcctly understood by many pub.
fishers.
Now that the election is over, let the
farmers who want taxes reduced demand the
early abolition Of the entire Internal Reeve.
nue. system.
HENRY N. Corp.