The news-herald., 1901-11-30
TINE WILL TELL.
The Prescott Courier Rises to Make a
Few Remarks.

| - - Il AOeoeAOiA AOA H@ooCAAo CAAC - IIAV~
ed States mining laws says:
"The register of the land office
4 x shall publish a. notice
that such application has been
made, for period Of 90 days, in a
newspaper to be by him designated
as published nearestto such place"
The law specifically states pub
lished nearest to the claim" This
does not mean, by any possible
stretch Of imagination, published
furtherest from the claim and cir
culated at the claim. A paper
could be published in Alaska and
dated ahead so that it could appear
in Wickenburg on a certain date;
but such a paper could not claim
to be published anywhere but in
Alaska. The patents from the
Wickenburg neighborhood now in
the Courier were so placed before
any newspaper was actually pub
lished in Wickenburg. There
were two papers published in Phoe-
nix, with a Wickenburg date, and
forwarded to that point. Since
that time one Of the papers has alb
sorbed the other, and really com
menced the publication of paper
at Wickenburg.
In placing the group of patents
from that neighborhood in the
Courier, the lawyer, the mine own
er, and the register Of the land
office complied with both the letter
and the spirit of the law. They
could not have done otherwise
than place the patents in some
Prescott paper as the paper actual
ly published nearest the claim; our
esteemed Wickenburg contempor-
ary to the contrary notwithstand-
ing. The above quotation Of law
is from Section 1885, United States
law.
Further, the Courier has from
competent authority that the gen
eral land office has ruled in exact
accordance with the action of the
local land office in this same mat
ter.-Prescott Courier.
The News-Herald differs with
the Courier. The commissioner of
the general land 5ffice at Washing
ton in a letter Of recent date quotes
us the following opinion from the
late Chief Justice Field:
"The statute says that the notice
MUST be published in paper where
the place of publication is nearest
the land. Il In one
sense a paper is published in every
place where it is circulated or it's
contents may be known, but it is
not in that general sense that the
language "place of publication" in
the statute is used. That language
refers to the particular place where
the paper is first issued, that is,
FIRST GIVEN TO THE PUBLIC FOR CIR
cULAT1oN."
Under this ruling the Wicken-
burg News and the News-Herald
have always published in Wicken-
burg The postofice department.
at Washington ruled to this effect
several months ago. While for a
time while waiting for q building
to he erected and plant installed
here, the mechanical work Of the
News Herald was done in Phoenix,
the proprietors lived in Wicken
burg, all business was transacted
here, the only Office of the News
Herald was here, and the paper
was never circulated or given to
the public from any other place.
Even the Phoenix subscribers re-
ceived their papers by mail from
Wickenburg, as did every subscrib-
er. From the very first Wicken-
burg has been the ONLY point Of
distribution, and the postoffice and
the land office have both ruled
that the paper has always been
published in Wickenburg, our es7
teemed contemporary to the con
trary. The News-Herald has pro-
tested the granting OF patents in
both the cases mentioned last week
where publication is being made in
Prescott, and now awaits the de-
cision of the general land office.
W. E. Robinson OF Los Angeles
has three men at work on the four
claims five miles northeast Of here,