The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1907-02-08

title to land to be obtained unless til
claimant is acting in good faith
The first order stated that no patent
should be issued unless there had beer
an examination by The government
special agent. Bat as tile patents
are issued from the Office or the secre
Jary OF the interiors at Washington
aud the final certificates issued by
the local land offices are taken as SURE
proof of the honesty and good faith OIL
the applicant by the Washington au
thorities, the first order did not &C,
complish the wish of-the president.
Heretofore, at the time the notice
of the hearing for final proof is pub.
lished, the land officials have sent
notice of the hearing to the govern.
menJ's special land agent, and he has
been supposed TO make an examinat-
ion Of the land and see If the appli-
cant is acting in good faith. At the
hearing lie has been supposed to turn
in lis testimony Co be compared with
that of the Applicant, But as there
are only three men in Duluth author
lzed to do this work. and nearly 70U
cases to attend TO each month, very
few claims have been actually visited.
Therefore, at tLessime of the hear
ing, the special land agent merely
sen is in his statement to tile register
that lie has not visited the claim aud
knows nothing about it. The land
officials then proceed on their own
judgment without the testimony OF
tile special agent. According to the
order president Roosevelt this can
no longer be done and no final certiii-
Gates can lie ISSUED unless the govern
ment's special agent has made per-
sonal examinations. The presidents
order in full is as follows:
1.-THE Secretary of the Interior:
Sir:-To prevent the fraud now prac-
Jiced in the ACQUISITION of public
lands of the United States, have to
direct that hereafter no final GER
titicate, patent, or other evidence OF
title shall be issued under the pub.
lie land laws until IN actual examin-
alton has been made on the ground by
an authorized officer of the govern.
ment: but the following shall be ex-
cepted from the force OF this order:
(1)All claims which have hereto.
fore been examined on the ground by
an authorized officer OF the govern.
ment whose report is found satisfact,
DRY.
80 All claims where heretofore an
officer of the government other than
officers authorized to take final proof
shall have been present at the taking
of final proof to cross-examine claim.
ont and witnesses, if such proof is
found satisfactory.
't3) All claims where claimant com.
pliance with law has been established
by contest or other regular adverse
proceedings.
ga Entries which may have been
confirmed by virtGre of any act of con
gress.
"Q5) Selections and entries in which
no residence or Improvement is re-
quired by law, when the lands en-
braced therein are strictly speaking
ia agricultural districts, or when
their character has been fixed by in
vestigation and classification made in
accordance with law.
"t6) Cases of resistance of patents
because of some clerical error occur
ing in the patent heretofore issued.
"(7) All Indian allotments which
have been regularly approved in ac-
cordance with Instructions of the
secretary of the interior.
'You will issue all necessary in
structions to carry this order into
effect. Il
"rhis order is in lieu of my order
of December 10, 1907.
| -"Iheod0re Roosevelt.
The honest man need have no feal
that he will not secure patent to hi:
land eventually said Register Engel
at will only delay matters fol
months and perhaps years unless the
present force of special government
agents are increased. We will pro
coed In each case as far as we can, but
when we come to issue the final GER
tificates we wilishaye to wait for the
testimony of the special land agent
after he or one Of his authorized
deputies has made personal examin
alton of the claim question:"
No information. has been received
from the Washington authorities re
garding an increase in the force OF
special agents and unless this is done
there will be practically no more fina
certificates or patents issued from the
local land office or any of the Others
| in the United States. At the office oil
Special Agent Coulter no orders have
been received concerning the order oil