Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-09-07

loosL Suleo pldCeS III the county at
which proofs may be made with oppor-
tunity to make same once every 80 |
days. ..., x .=&} q !. s5 EN-
I, This of course would require large
addition to the force of special agents
provided it was insistent that an ex-
aminer be present in person at each
place at the time of making proofs.
With this dilemma in view the com
missioner, under date OF September
2, 1904. instructs, in part, as follows:
: you are now advised that while it
IS the purpose Of this office to have
the agents meet all proofs so far as
practicable when made before other
than the local officers, it was expected
that by reason Of the mad equate force
the special agents would not be able
to be present In every instance. A
careful reading Of rule 2 Of the cir
cular Of January Is, 1904, to special
agents will show that it was designed
for just such cases. Said rule is as
follows: SEX u, Z 81 st 5 . i. 4 u ~ j
e. With respect to final proofs to!
Ne taken before other than the local
officers, the local officers will be d.,
rected to furnish you at, the time of.
issuing the same. a copy Of the notice
Of Intention to make final proof. Upon
receipt thereof you will carefully con-.
slider the same and if in your judg-
ment you deem it necessary to be
present at the taking Of the final proof
and cross-examine claimant and wit
nesses, and otherwise Investigate the
case, you will do SO, and thereafter
submit your report Of the result Of.
your investig ation in, the usual man,
ner. II, on the other hand, you do not
deem it necessary to be present at the
taking of the final proof in any such
case and are satisfied Of the claimants
good faith, you will so advise the local
officers, who will be instructed to care
fully examine the proof, and IL they
believe the claim to be in good faith
and in compliance with law to allow
entry thereon upon payment Of proper
fees and charges. In any case where
you have reason to believe that. the
claim Is not made In good faith, and
for any cause you are unable to be
present at the taking Of final proof
you will ask the local officers to sus-
pend such proof upon It's receipt Ia
their Office pending your report and
thereafter proceed III the usual order
4 to investigate and report upon the
case. In all other cases you will con.
suit with the local officers with respect
to the good faith Of the claimants
whose final proofs were not taken be-
fore them, and IL you and the local
officers are agreed that good faith ex.
lists and the proof Is in all respects
complete the local officers will pass
the proof to entry upon payment 81
proper charges and fees. IN case 81
any disagreement between you and
the local officers the record viii be
forwarded to this once Tor considera
ton and actor. b; II IS "a vi i}3J
1T is not intended that local oficers
and special agents shall discontinue
to cooperate In securing the mos
beneficial results under said rule, but
in any case where an applicant desire.
to have his proof taken before an ON
4 Ger not included in the schedule, he /.
not to- be deprived Of the priyileg,
granted under section 2294 r. s. q,
amended BY act OF March A. 1904 6;
4 Stat, So. This act Is remedial AMI
tle purpose OF congress in permittfnl
afadayits and proofs to be made q
othas places than the local oficers
was to relieve applicants and entry
lmen who live at a distance from til,
local Offices from expense and hard
ships. s215
, In any case hereafter arising wher
\ an applicant insists upon having al
\ proof taken at d time and place al
q before an officer not includ ed. IN th
q schedule fixed BY yon and the speeds
I agent, you will permit the same, BIZ
HIT the same time advise him ID direc,
I IA - rule 10 circular January rs, 1901
u that ouch a; course may cause dsiay 4
4 the comp elton Of his claim, - !
may require examination ~ : speeds
slagent IA accordance with rule q =
] circu1ar January q. 1904 10 specis
Al agents ss ss
s Il such proofs however. must =
Z taken before n onicer quali1ed llnde
said section 2294 il. 81. s4npra, md I
I 4 place where the oficer ~ ! ~
1 manent once, & II
This hit order y ths comm slone