The Pioche weekly record. [volume] (Pioche, Nev.) 1877-1900, 1888-12-01
cupp's LAND REVIEW.
Publications OF Final Proof Notices.
Duties Of District Land Officers i'm
Respect theretO-Publisher Fees.

The only law requiring the publication
of notice of intention to make final proof
is the act of Congress approved March 3,
1879 go Stat, ALB, and applies exclus-
lively to homestead and presumption en-
tries.
Departmental regulations have been
promulgated requiring such publication
in desert-land and timber-culture entries.
l believe that there is no direct statutory |
authority for the institution Of such reg
ulation in respect to such entries. but |
that it is claimed that the authority is
found in the general provisions of law re-
lating to the making Of regulations nee
essary to carrying into effect the laws
governing disposals Of public lands.
under the law requiring the publica
ton of notice Of 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 filing Of such no.
tice must be accompanied by deposit of
sufficient money to pay the cost Of pub
fishing the notice to be given by the reg
ister." 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 afii-
davit Of the publisher 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 afli-
davit until payment has been made for
advertising Occasionally, however, reg
ister's fail to require the deposit men,
toned, and order the advertising as usu-
all; then the cntryman fails to make
proof abandon's his claim perhaps and
the register declines to pay the publisher.
In such cases judgment could no doubt
, be secured against the officer in the prop
. er court Of the locality. In fact | am OF
the opinion that register Of land Of
!, fee, 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 execution by tn,
publisher of such order constitutes {
contract under which payment of tn,
} usual ADVERTISING charge NAV be enforced
- by legal process provided, of course, tina
= the register has property subject to exc
:, cution.
= Certain publications are required b,
y law in other classes of entry. Under tn
e Stone and Timber Act, applicable to Or
Y egon, California, Nevada and Washing
= ton Territory, publication is required i
advance Of entry. Under this law III
y district land officers have nothing to d
= with the publication of notice, turtle
" than to furnish a copy of the same to a,
~ plicant to be published at his own e,
~ pense in the newspaper published neare
:" the location of the land. OF course, re-
. ister's may, as matter of accommod
y ton to the applicant, forward the noti
10 to the publisher. but he is not require
Y to do so by the statute, and such actit
- by him without disclosing the fact TIL
u he is merely acting as the agent Of Il
entryman, would render him legally Ii
Il. BILE for the amount Of the publicati,
ed fees. The publishers can protect thel
is selves in these eases, where the app
or cants are in good faith, by demandil
Nc. their ADVERTISING fees before furnishil
m. the evidence of publication, whether q
Nv order be given by the register or by L
he applicant.