The news-herald., 1904-02-13

in it's letter of instructions to the
Commissioner of the General Land
Office of February 3, 1898 (26 L.
D., 145, 147). In the same letter,
at page 146, 26 l.. D., it is stated
that:
"The statute clearly seems to in
dictate that the Register is given
some discretion in the selection of
the newspaper. The statute
is not simply that the publication
shall be in a newspaper published
nearest to such claim but that the
publication shall be Sin a newspa-
per to be by him (the Register)
designated as published nearest to
such claim There are three ele-
ments in this requirement: First,
the publication shall be in news
paper; second, that newspaper shall
be one published nearest to such
claim ;; and third, the Register
shall determine what newspaper is
published nearest to such claim.
"The performance of the Regis
ter's duty, under the statute, re-.
quires the exercise by him of rea-
sonable judgment and discretion,
both in determining what is
newspaper, and in determining
which of several newspapers is the
one published nearest the claim"
The evidence in this case shows
that, at the time the application
for patent was filed, and during
the entire period of publication of
notice, the Arizona Daily Journal
Miner was owned and published by
the then Receiver OF the local land
office. That Prescott has a popu-
lation of about four thousand; is
the county seat of Yavapai County,
and is from eighteen to twenty
miles distant from the claims, by
the usually travelled route. That
the Daily JOurnal-Miner had a
daily issue Of over one thousand
copies, the greater part of which
circulation is in the town Of Pres
colt, where said paper is printed
and published. That said news
paper circulates generally through
out Yavapai County, and in the
immediate vicinity of the claims,
and that from twenty to twenty
five copies, daily, are distributed
through the Jerome postoffice.
That Jerome is from twelve to four
teen miles distant from the claim,
and at least six miles nearer there
to, either by air line or by the US
ually travelled route, than Pres
cott That, according to the cen
sus of 1900, Jerome had popula-
ton of over $500. That two bona
fide newspapers of established char
acter and general circulation in
Yavapai County are printed and
published, weekly, in Jerome, and
were SO printed and published
prior to and during the entire pc
riod of publication of said notice
That these newspapers, at such
time, circulated and now circulate
generally in said county and in the
immediate vicinity of the claims;
that one of these papers has a
weekly issue of over 500 copies,
the greater part of which circulates
in Jerome. And that persons re-
siding in the immediate vicinity of
the claims get their mail either at
Jerome or Prescott, these being the
postoffices nearest to the claims.
The evidence falls short of show
ing, as found by the local officers,
that the publication of the notice
in the Prescott newspaper gave
greater publicity in the community
in which the claims are situated
than would have been given had
the notice been given in one of the
Jerome newspapers. Nor does it
show that the Register had just
cause to believe that the papers
printed and published at Jerome
were not newspapers of estab-