Arizona weekly citizen., 1888-11-24
COPP'S LAND REVIEW.
PublIeaton of Final Proof Sotices-Dutits ts of District Land Ofhcers fin Respect Eaas

PublIeaton of Final Proof Sotices-Dutiss
 of District Land Officers fin Respect
 Thereto-Publisher's Fees.
 The only law requiring the publication of notice of intention to make final proof is the act of congress approved March 3, 1879 (29 Stat. 472) and applies exclusively to homestead and pr1-emp- ton entries.
 Departmental regulations have been promulgated requiring such publication ID desert-lsnd and timber-eulture entries I believe that there is no direct statuto- " authority for the institution of such regulation ID 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 fleet the law governing dispossls of pubic lands.
 Under the law requiring she publica- tion of notice in pre-empIion and home- stead cases, provision IS made that the "regIster shall publish a notice" etc , and Tn the regulations relating to said law 1t is provided that "the filing ofsuch notice must be accompanied by depos- it of sufficient money to pay the cost of publishing the notice to be given by the register. In such cases there can be no question but that the register IS legally responsible to the publisher for the amount of publication fee. As the sfh- dsvit of the publisher or foreman of the newspaper IS necessary to show that the law has been compiled with, publishers may usually enforce payment of their charges by refusing to furnish such sffi- dayit until payment has been made for advertising. Occasionally, however, reg ister's fail to require the deposit men, tioned and order the advertising as usu- al, then the entryman fails to make proof-sbandons his claim perhsps- aud the register declines to pay the pub fisher. In such case 8 judgement could no doubt be secured against the officer in the proper court of the locality. In fact am of the opinion that register of 6 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 advertising, withoutsspeoislly stating that in making such order be is merely acting as the agent of another, the giving by him and execution by the publisher of such order constitutes a contract under which payment of the usual advertising charge may be enforced by legal process pro- ylded, of course, that the register has property subject to execution.
 Certain publications are required by law ID other classes of fentrY. Under the stone and Timber Act, applicable to Oregon, California, Nevada, and Wash peton Territory, publication is requir- Il d. 1f ITndar thfa a rr 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 ex- pense in the newspaper published near est the location of the land, or course, registers msy, es matter of accommo- dstion to the applicant. forward the mo- tice to the publisher, but he is not re- quired to do so by the statute. and such action by him without disclosing the fact that he is merely acting ss the agent of the entrymsn, would render him le- gslly liable for the amount of the publi- cation fees. The publishers can protect them selves in these cases, where the sp- plicsnts are in good faith, by demand ing their advertising fees before furnish ing the evidence of publication, whether the order be given by the register or by the applicant.
 The remarks relative to the legal lis- bility of registers in the matters men tioned. are based on general business principles, and will be modified, of course, by the ussges of the localities ip which cases arise. If publishers have been accepting orders for publication ip Timber and Stone Entries from regis ter's and looking to applicants for com pensstion, and it has been long under stood that in giving such orders the off cer has acted as agent for applicants. of course, the officer would rot be liable for the amount of puclisher's fees.
 This letter is called cut by complaints and inquiries recently received from pnb- fishers, indicating that the questions herein discussed are imperfectly under stood by many publishers.
 Now that election is over. let the farm CTS who want taxes reduced demand the early abolition of the entire Internal Revenue system,