The daily silver state. [volume] (Winnemucca, Nev.) 1903-1907, 1906-02-16
HOW TO GET
A PATENT
AFew Instructions, Which if
Followed. Will Save Expense
Tand Trouble
now TO

the securing of a title TO mineral land
II seems inevitable that some unnecsa-
sarily stringent provisions should AVE
entered into the general procedure as
laid down in the regulation approved
July 26, 1901. In paragraphs SO n Ns
Of the document referred to will be
ound the details of the provision, the
necessity of and wisdom Of which is not
generally accepted. 1t refers to deputy
mineral surveyors preparing papers in
support of the application for patent,
and strictly forbids deputies engaging in
that practice.
"a mineral surveyor is ~precluded from
acting either directly or indirectly as
attorney in mineral claims. His duty
in any particular case ceases whaa h
has executed the survey, anu returned
the field notes and preliminary plat, with
his report to the Surveyor General. lie
will not be allowed to prepare for the
mining claimant the papers in support
OF his application for patent. or other
wise perform the duties of an attorney
before the land Office in connection with
a mining claim. He is not permitted
to combine the duties of surveyor and
notary public in the same case to ad-
ministering the oaths to the parties in
interest. but as a notary public he may
administer the oaths to his assistants
in making the survey; otherwise he
must have absolutely nothing to do with
the case except in his official capacity
as a surveyor. He will make no survey
o. a mineral claim in which he holds
an interest, nor will he employ chain
men interested therein In any manner.
Fol some time it has been held by
many deputies that this restriction is
Of unquestionable benefit, and that the
patenting of claims would. In fact, be
mere correctly and properly done il
the deputy were permitted to do the
clerical work in making applications for
patent. The reasons assigned for this
are:
First-That the deputy is possessed of
knowledge and facts that specially quail
ify him for the work.
Socond-The average attorney is not
thus qualified. which gives rise to two
conditions, viz: the more careful and
releble attorneys do not seek this kind
of work. and place a high price on IL;
the less efficient members of the bar
have a tendency to slight the work, with
the result that unnecessary delays and
cost. litigation sometimes ensue. lie
usual exceptions to this rule are of
course recognized.
Third-In either case the papers are
frequently submitted to the deputy by
the attorney for the formers inspection,
which in itself constitutes a tacit adnIls
sion that the deputy is the better uual-
flied of the two to pass on the correct
ness OF the papers.
F~ourth-Under the present system the
cost to the applicant is in excess of
what it would be IL the epity were
permitted to do the clerical work. In
view of the fact that it is the policy
OF the Ian Office to make the cost of
acquiring title tothe public lands as light
as possible. this point is worthy oe con
sideration.
Fffth-By permitting the deputy to
make out PAPER for the applicant. tho
latter could avoid the necessity of trans
actins business with more than one per-
son. and generally speaking. this would
be Il benefit.
Sixth-It is believed that the mere
preparation of application papers would
nor be within the meaning of acting
as attorney" for the claimant.
The initiative has been taken to have
the paragraphs modified so the fore
going objections to the present proceed
ure will be removed. 1t has been sug-
gested that petitions to the Commits
sioner of the general land office should
be circulated among deputies embody-
fng a request to nave the Offending par
agi apis modified; that this petition
should set forth the objections to the
present procedure. substantially as out
lined above. and that recommendation of
the scheme be obtained from as manv
as possible OF the Re0faters and pana..x