Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1888-11-23
Cops Land Review.

PUBLICATION OF FINAL PROOF NOTICES
DUTIES OF DISTRICT LAND Off
GERS IN RESPECT THERETO - PUB
LISTERS FEES.
The only law requiring the publica-
ton of notice of intention to make
final proof is the act of Congress ap-
proved March 3, 1879, GO Stat, 47S),
and applies exclusively to homestead
and presumption entries.
Departmental regulations have been
promulgated requiring such publica-
ton in descrt-land and timber-culture
entries. l believe that there is no d.
rect statutory authority for the institu-
ton OF such regulation in respect to
such entries, but that it is claimed
that the authority is found in the gen.
eral 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 publica-
ton OF notice in presumption and
and homestead cases provision is made
that the register shall publish a no
ticc," ETC., and in the regulations relat-
ing to said law it is provided that a the
filing of such notice must be accom-
panied by a deposit 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 publ
cation fee. As the affidavit of the pub
Usher or foreman 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. Occasionally,
however, Registers fail to require the
deposit mentioned, and order the adj
vertising rs usual; then the entryman
fails to make proof, abandon's his
claim perhaps, and the Register de-
claines 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 opinion that n Register of land
office, is like other people, amenable to
the laws, and liable for the amounts
of contract entered into by him, and
when he orders advertising, without
specially stating that in making such
order he is merely acting as the agent
ef another, the giving by him and the
execution by the publisher of such
order constitutes a contract under
which payment of the usual advertis-
ing charge may be enforced by legal
process provided, of course, that the
Register has property subject to execu-
ton.
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 offices have
nothing to do with the publication of
notice, further than to furnish copy
OF the same to applicant to be pub
lished at his own expense in the news
paper published nearest the location
of the land. Of course, Registers may,
as matter of accommodation to the
applicant, 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 agent OF the
entryman, would render him legally
liable for the amount of the publica-
ton fees. The publishers can protect
themselves in these cases, where the
applicants are in good faith, by de-
manding 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 legal
liability of Registers in the matters
mentioned, are based upon general
business principles, and will be modi-
fled, OF course, by the usages of the
localities in which cases arise. If pub
fishers have been accepting orders for
publication in Timber and Stone
Entries from Registers and looking
to applicants for compensation, and it
has been long understood that in Civ
ing such orders the officer has acted as
agent for applicants, of course, the
officer would not be liable for the
amount of publishers fees.