The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1904-09-03

at the time and place of taking of
proofs in cases of homesteads would
have been ~signally defeated for the
reason that under the provisions of
section Z Of the act of congress ap-
proved March 9, 1889, any party fail
ing to make the proof on the date
advertised a appear before the Off
Ger named in the publication at any
time within ten days from such date
and submit his and his witnesses
evidence. with a plausible explana-
ton OF the causes or reasons for his
failure to appear OF the date set, after
the special agents departure and ipso
facto during his absence from the
place of the submission Of such proof.
That such contingency, under the
schedule prepared by me is not pos
sible must become clear to the most
casual observer, because | shall aim
to be at the respective county seats
for a requisite length Of time to be
present at any and all proofs coming
up.
l further understand that unscrupu.
lous and designing persons in various
parts of your land district are cir
culating and spreading reports that
the order that proofs must be taken
at the seat Of government in the
counties wherein the lands are situate
has been entered by you for reasons
such county seats irrespective of dis
lance of travel, or else before you at
your office in the city of Bismarck,
Burleigh county, North Dakota. Hav-
ing hereinbefore stated that neither
Of you had the remotest connection
with the new order, a reiteration ap-
pears superfluous; however, in justice
to yourselves and in order to disnel
the sophistry of the rumors put in
circulation, l take, pains In stating
that, while it is. true that any settler
desiring to make proof in support Of
his homestead entry during the period
of time | shall he .sojourning in other
parts of my territorial district may
appear before your office at any time
and submit his proof before you, it is
by no means made obligatory upon
hin so to do, but rests in his own
election. AS to forcing settlers 10
travel long distances in order to reach
the county seat of his county, | only
have 10 say that it is not obligatory
that the proof must be made at the
: county seat of the county wherein the
lands in question may be situate, be-
cause congress, by it's act approved
March II, 1902 (32 Stat, G3), provided
that final proofs, or %affidavits, might
be made before the register or re-
ceiver, or before any United States
commissioner, or commissioner of the
court exercising federal jurisdiction
in the territory, or before the Judge
or clerk of any court of record in the
land district in which the lands are
situated, but that in case the a%ffidavits
county in which the land may be
located, that the applicant, or entry
man, must show by affidavit satisfac-
tory to the commissioner of the gen
eral land office, that said afidavits
and proof were taken before the near
est and most accessible officer quail
fled to take the same in the land dis
trict in which the lands entered are
situate; however, such showing need
not be made if the proof be taken in
the town or city wherein the news
paper is published in which the final
proof notice is printed.
The statute referred to should at
onc dispel the impressions
created, as it disproves every n Of
the allegations made concerning your
partiality, and trusting that this COM
munication will have the effect Of ac-
complishing that object, l beg to con-
clude this letter with the statement
that in my nearly eleven years of
| service for the government, l have met
but few officers as con%scientiously in
| clined to guard and protect the inter.
ests Of the settlers pom the public
lands of the United States, irrespective
of nationality, high or low, rich or
! poor, as yourselves.
Very respectfully,
H. R. BERNDT,
Special Agent G. l.. o.