The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-01-26

1896. by j. H. Scales. special agent Of
the general land Office, was directed to
be present in the interest of the gov
eminent at the hearings involving the
classification of lands made under said
act of Feb. 26, 1895.
Dec. 2S. 1895, you forwarded a de-
tailed statement by the special agent,
showing the names of the parties and
the dates of the hearings. with an esti-
mate of the expenses in each case.
which amount the special agent asks,
be advanced for the use of said hear
ings.
From the special agents statement,
it appears that the hearings were set
for Jan. z, s and 10, 1896 and that $50 is
penses in each case, making a total of
$3.50. In said detailed statement the
partines to such hearings are persons
and corporations contesting the CLASH
fication of the land the United States
is placed as contestee and made de-
PENDANT in each case.
1.-THE act of Feb. 26. 1895, provides that
all the costs of the hearings involving
classified lands shall be paid by the
unsuccessful party. The circular of
April 13, 1895, under said act, provides
that each litigant shall prior to the
hearing, deposit with the receiver a
sum of money sufficient to cover the
deposited by the successful party to be
returned to him upon notice of final
action in the case.
1T is presumed that the estimated
amount herein is to be advanced as the
governments portion of the costs re-
quired. 1t being regarded by the special
agent as a party litigant.'
''It is not believed that the act con-
templates the government as a party
itigant, or that 1t shall in any case be
made the defendant in such actions,
and that ii Is only party in interest
to the extent of providing for a proper
disposition of the public lands.
THE classification of large bodies of
land is being made at enormous ex-
pense for the purposes of establishing
the rights of parties and corporations
thereto. The government should not
also be required to pay the additional
expenses of a hearing ordered at the
instance of party aggrieved at such
classification.
THE act further states that such
hearings shall be conducted as may be
practicable under the rules and regula-
lions governing contests involving the
mineral or non-mineral character of
land in other cases.
I'm such other cases where the land
was returned as mineral by the United
States surveyor general the costs are
upon the party VINO WOULD eStdDllSn us
non-mineral character.
"A similar rule should apply in this
case, and the costs should be upon the
person or corporation who would at
tempt to disprove the classification
made, except of course in this case
where a party appeared in defense of
such classification when the costs
should be placed as provided for in the
circular.
Therefore. though parties contestant
succeed in defeating the classification.
the government can not be looked upon
as the unsuccessful party" and made
to pay the cost of the hearing, for 1t
merely acts in its judicial capacity and
not as a defendant to the suit.
1T accordingly is held that in the
absence of a defense of the classical
ton by any person or corporation, par
ties contestant must meet the expenses
of such hearings without regard to the
conclusion reached in said hearings.
Advise the special agent hereof and
in any hearing now before your office.
and in all hearings hereafter allowed
you will require parties contestant to
make a deposit of a sum sufficient to
meet all the expenses of the hearing.
Very respectfully,
rs. w. Lamereux,
iGS -