The Delta independent., 1888-11-27

Ihc"nly law requiring the publica-
lion af notice ct intention To make
ANAL Prcof Is he act of Congress ap
proved Marcia ;, 1879 go Stat, 4T2j,
and Spplics exclusively TO homestead
sisd pre- enhption entries.
Departmental regulations have been
requiring such puhlica-
tion an d-sert-land and timber culture
essuries, believe that there is no di-
s~S,t statutory authority for the insti-
Uation OF such regulation in respect to
sach entries. hut that it is claimed that
Iiie authority Is found in the general
provisions of law relating to the max
ing of regulations necessary to carrying
into effect The laws governing disposa!s
of public lands.
Under the law requiring the publica-
taon of notice in presumption and home
stead cases provision is made that the
-'register shall publish notice." etc,
and in the regulations relating to said
law it is provided that "the fling of
such notice must be accompanied by
deposit of sufficient money to pay the
cost of publishing the notice to be CIV
an 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
lie affidavit of the publisher or fore
,han of the newspaper is necessary to
ssiow that the law has been complied
with, publishers may usually enforce
payment of their charges by refusing
TO furnish suchnfiidavit until payment
has been made for advertising. Occa-
sional,y, however, registers fail to re-
qnire the deposit mentioned, and order
the advertising rs usual; then the ell
Iryman fails to make proof abandons
his claim, perhaps and tie register
declines to pay the publisher. In such
case judgment could no doubt be Sc
cured against the officer in the proper
court Of the locality. In fact, 1 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 advertising without
specially stating that in making such
order he is merely acting as the agent
of another, the giving by him and exc
tion by the publisher of such order
constitutes contract under which
payment of the usual advertising
charge may be enforced by legal pro-
cess; provided. of course, that the reg
lister has pro operty subject to execation.
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 of entry. Under
this law the district land officers hare
nothing to do with the publication of
notice, further than to furnish copy
of the same to applicant to he published
at his own expense in the newspaper
land. OF course. registers may. us a
matter of accommodation to the appli-
cant. forward the notice to the pnb-
3isher. but he is not required to do SO
by the statute, and such action by him
without disclosing the fact that he is
nerely acting as an agent of the entry
1nan, would render him legally liable
for the amount of the publication fees.
The publishers can protect themselves
in these cases, where the applicants are
in good faith. by demanding their ad-
vertisiug fees before furnisieg the evil
dence Of publication. whether the order
be given by the register or by the ap.
plicant
The remarks relative to the legal
liability of registers in the matters
mentioned, are based on general busi-
ness principles. and will be modified,
of course. by the usages of the localities
in which cases arise. If publishers
have been accepting orders for publi-
cation in Timber and Stone Entries
from registers, and looking to appli
cants 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
gould not be liable for the amount of
publishers fees.
This letter is called ont by complaints
and inquiries recently received from
publishers. indicating that the ques-
tions herein discussed are imperfectly
understood by many publishers.
Now that election is over. let the
farmers who want taxes reduced de-
mand the early abolition of the entire
Internal Revenue system.
HENRY n. Corr.
The Chicago I'inrs accuses the Lon.
don Times Of publishing the following
editorial on the day after our late cleo