The Pioche weekly record. [volume] (Pioche, Nev.) 1906-1908, 1906-02-09
CERTAIN
RULES
PREVAIL
Land Office Rules in
Force in Application
for Patents to Min
eraI Lands.

tuo 0cutIhI 11duu Oluco nus tffDWn
about the securing of title to min
eral land it seems iHevitable that
some unnecessarily stringent pro-
visions should have entered into the
general procedure az laid down H.
the regulation approved July 26
1901. In paragraphs 93 and 126
II the document referred to will be
found tue details Of the provision,
the necessity aid wisdom OF winch
is not generally accected II refers
to deputy mineral surveyors prepar-
ing papers in support oil the ap,lt
cation for patent, and strictly for
bids deputies engaging in that
practice.
"a mineral surveyor is precuded
rom acting either directly or iud,.
{ city as attorney in mineral claims.
dis duty in any particular Gaze
;eases when he has executed tia
survey, and returned the field notes
nd preliminary plat, with biz re-
port to the Surveyor General. Hi
will not be allowed to prepare foI
the mining claimant the papers in
support of his application for pat
ent, or otherwise perform the duties
t AN attorney before the land Office
ID connection with a mining claim.
de is not permit ed to combine til
Iuties of surveyor and notary pub
lie in the same case TO administer
ing the oaths to the parties in inter
est, but as notary public he ma.
administer the oaths to his assist.
iuts in making the survey; othe,
wise he must have absolutely MOTH
ing to do with the case except i,
his official capacity as surveyor
He will make no survey Of miner
Il claim in which he holds an inter
st nor win he employ chainme
interested therein in any manner 7"
For some time it has been held
by many deputies that this rsstric
ion is OF unquestionable benefi !.
md that the patenting of claims
would, in fact, be more correctl,
and properly done il the deputy
we're permitted to do the cleric
work in making applications fer
patent. The reasons assigned fsi
this are:
First-That the deputy is pos
sessed Of knowledge and facts tina
especially qualify him for the work
Seconc-The average attorney is
not thus qualified. which gives rise
to two conditions, vs.: the NOR.
careful and reliable attorneys so
not seek this kind OF work, aud
place high price on Il; the lees
efficient members of the bar have a
tendency to slight the work witt,
he result that unn. cessary delays
snd cos ly litigation sometimes en-
sue. The usual exceptions to this
rule are of course recogniz d.
Third-In either case the papers
are frequently submitted to the de.
putty by the attorney, for the form
er's inspection, which in itself, CON
stitutes tacit admission that the
deputy is the better qualified OF the
two to pass on the correctness of
the papers.
Fonrth-Under the present sys-
tenn the cost to the applicant is in
excess OF what it would be If the de-
putty we're permitted to do the cler-
ical work. In view OF the fact that
it is the policy Of the Land Office to
make the cost OF acquiring title to
the public lands as light as posi-
BILE, this point is worthy OF consid-
Grafton.
Fifth-By permitting the deputy
to make out papers for the appli-
cant, the latter would avoid the me-
cessity OF tranaacting business with
more than one prison. and gener-
ally speaking, this would be bene-
fit.
Sixth--It is believed that the
mere preparation of application pa
pers would not be within the mean
ing OF "acting as attorney" for the
claimant.
The initiative has been taken to
have the paragraphs modified so the
foregoing objections to the present
procedure will be removed. II
has been suggested that petitions to
The Commissioner of the General
Land Office should be circulated
among deputies embodyiDg r..
quest TO have the offending para
yraphs modified; that tLis petition
'hopld set forth She objections to