The Ely miner., 1904-03-11
Instructions of May IA. 1895, in the

same matter:
l.-Where final proofs are to be
taken before registers and receivers
special agents will not be required
TO make any examination in connec-
tion Herewith unless requested 10
to do so by said officers, or by direc-
tions from this Office, or unless some
thing within their own knowledge
makes such an examination neeceS-
say. The local officers Will be advised
| by this office that when tnal proofs
are taken before them they must
make a searching examination OF the
claimants and witnesses to deter
mine whether the claimslS made III
good faith aud in compliance With
the law. In tile event they are not
satisfied with the proofs in any such
case, they will be required TO SUBJ
nit the same to you, whereupon you
will carefully and fully Investigate
the case and submit report thereon
in the usual manner.
with respect to final proof TO be
taken before other than the local Of
ficers will be directed to furnish at
the time of issuing the same. a copy
of the notice of intention to. make
| final proof. Upon receipt Thereon you
will carefully consider the same and ii
in your judgment you deem it neces-
sary to be present at the taking or the
final proof and crosS-examine the
claimant and witness. and otherwise
investigate the case, you will do so,
and thereafter submit your report OF
the result Of your investigation in the
usual manner. II, on the other hand,
a 6nan hn
present at the taking OF the final
proof in any such case and are salts
lied with the claimants good faith,
you will so advise the local officers
who will be instructed TO carefully
examine the proof, and If they be-
lieve the claim TO be in good faith and
in compliance with law TO allow eutry
thereon upon payment or proper fees
and charges. In any case where you
nave reason TO believe that the claim
is not made in good faith aud for any
cause you are unable 10 be present. aL
the taking OF final proof you will ask
the local officers to suspend such proof
upon its receipt IN their Office pending
your report aud thereafter proceed in
the usual order 10 investigate aud re-
port unon the case. In llnther cases
YOU will consult with the local officers
with respect to the good faith OF the
claimant whose final proofs were not
taken before them, and if you and the
local officers are agreed that good
faith exists and the proof is in all re-
spects complete the local officers will
pass the proof to entry upon payment
of proper charges and fees. In case Of
any disagreement between you and
the local officers the records will be
forwarded To this Office for cUnsidera-
tion and action.
3.-These instructions require that
you will at the earliest possible mo
ment, if you lave not already done
so. make d careful examination of the
conditions existing in your district,
especially with respect TO the officers
therein, other than the local officers,
before whom final proofs may be
taken der the law, for the purpose
Of enabling you to determine tue
capacity and reliability of such Of
ticers. You will impress upon such
officers the absolute necessity on
their part of rigid and searching
inquiry into the good faith of every
claimant to public lands, and the
necessity of requiring the regular
proof and cross-eXaminat.on proofs
i'm timber and stone cases to be care
fully and faithfully filed out. You
will also report to the local officers
the name of any such officer who
has failed to faithfully execute the
law governing final proof or is guilty
of any misconduct in connection
Herewith. in order that appropriate
action may be taken thereon.
With respect to what will consti-
tute cause for investigation and ad-
verse report upon any claim for public
| lands, you will proceed upon the lines
heretofore followed in such Cases. a.
there will be no departure whatever
from the policy OF the Office in requir-
ing it to be satisfactorily shown that
| the law has been complied with.
In this connection your attention
! is called TO the instructions heretofore
| issued with respect TO that class of
cases where number OF persons are
located by certain person for a
stated consideration upon contiguous
claims, and have each other as wit
nesses at the final proof. Such cir
cumstances suggest careful investi-
cation of all the facts in the case in
order to determine whether there
was an attempt on the part OF the
claimant to secure title to the lands
in violation OF the law.
You will acknowledge receipt here
of and hereafter proceed in strict
accordance herewith.
Yours respectfully,
W. A. RICHARDS.
Commissioner.