Durango semi-weekly herald., 1904-02-04
THE DUTIES OF REGISTER.

Several papers are publishing stand
ing notices to the effect that all ad-
vertising required In proving up pass
ing through the registers hands can
be placed where the applicant desires,
This is a mistake. 1t only applies to
timber and stone notices and then the
register can require satisfactory evi-
dence that the publication was of gen
eral circulation and standing. In re-
gard to homestead and mineral en-
tries the register Is the person who
designates the paper in which the no
tices shall be published, the law di-
rectly giving him the authority. read
ing entirely different from the section
in regard TO timber and stone. In this
connection the following from a re-
cent issue OF the Pagosa Springs
Times states the position of registers
and Mr.. f. c. Perkins Will be found
carrying out the law and exercising
his official perogatlve;
After rounding up the publisher of
the Observer for the position taken.
the Times says:
Our brother either did not publish
all of the commissioner letter in re
gard to the publication of timber and
stone notices, or very important
part of the instructions TO the regis
ter at Durango was omitted. In the
commissioner instructions to the
register he says: 1t is a part of your
duty when the proof of publication is
passed upon to see that the require
ments of the law, as to publication in
the nearest newspaper, is observed.
We have copy of this letter and it is
very evident that it is the duty of the
register to determine which paper is
the proper one in which to publish the
notices. and if the proof submitted
to him is not satisfactory on this
point. 1t will be his duty to reject it
and require a proper publication.
The law on the subject is as follows
(Sec. 3, Act of June 3, 1885,
The person desiring to purchase
office satisfactory evidence that said
notice of the application prepared by
the register as aforesaid was duly
published in newspaper as herein
required. and the commissioner in
structs the register to see that the
requirements of the law are observed
1t follows, therefore. that the matter
rests just where 1t always rested. and
that is with the register. and while
it is undoubtedly true that an appli
cant can publish his notice in any
paper he chooses, even in Denver II
he wants to and has the price, yet be-
fore he can have his certificate Is
sued he must present proof Of publi-
cation satisfactory to the register.
No intending applicant should be
buncoed by the wild rawlings of the
dreamer whose hunger and thirst for
Republican patronage have driven him
to desperation, but every one should
remember that the law and the rules
of the department require the register
cheney of the publication. and 1t might
be unpleasant to have 10 pay for two
notices or have the application re-
jected. In this connection We desire
to state that the homestead and miner
al laws require the register in the
first instance TO designate the paper
in which the publication Is to be
made. but In the timber and stone law
he merely determines after the pub
lication has been made whether the
law has been satisfactorily compiled
with by the applicant. The result is
precisely the same In both cases; the
only difference is in the procedure.
Now. Brother Egger, please awake
from your dream, hustle and get some
thing legitimate to supply your lard
er. and don't afllict the public with
the products of your ravenous imag-
nation, for even If the register should
decide that publication in your pa
per would be satisfactory to him
(which we doubt remember that the
time for timber and stone notices has
about passed since the proposed San
Juan forest reserve has taken our
timber land out of the market, and 1t
will be mighty poor picking for any
body hereafter"
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