The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1909-09-25

" 80 -
ing proof proposed 10 he offered In sup
port Of Nm application for the purchase
Of lands chiefly valuable for their tim
her or stone. under the act OF Congress
81 June 3, 1878 go Stats, So, as ex
tended by the act Of Congress Of Au
gust 4. 1899 (27 Stats. 3is). MOI to the
purchase Of Alaskan coal lands under
the act Of Congress Of April rs, 1904
(33 Stats, 525). Publication of such
notices must be procured by the appli
cants, in newspapers selected by them,
hut this privilege does not exempt them
the obligation 10 select n newspaper
published nearest TO the lands to which
the application relates, ard such paper
must be In all other respects a coinpe.
tent medium Of notice. In accordance
with the principles which have been
stated. You will give 10 all applicants
under this act due counsel and instruc.
tion concerning the duty imposed upon
them in respect Of publication of no.
tice. TO the end that they may not IL.
norantly err in the choice Of newspapers
through which to communicate such no.
tice.
Procedure in Case Of Complaints.
Ninth. No appeal will lie from the
action Of the register in refusing to
name any particular newsrP per ~ an
agency for the publication OF notices
concerning claims TO public lands. But
any editor or proprietor Of a newspaper
who believes and desires TO charge that
a notice of proof in support OF any
claim TO public land has been published
In a paper disqualified by the rules and
principles herein stated, to serve as the
medium Of such notice, NAV flc IN the
district land Office from which such no.
tice emanated a written aud verified
protest against the acceptance Of the
proof submitted in accordance with
such notice. Such protest should set
forth all material and e%ssentia, facts
within the knowledge Of the protestant,
or Of which he has reliable information
and which he believes TO be true, and
which. Of duly established by proof,
would require a determination that the
newspaper in which the notice was pub
lishei was and Is not a reputable and
established publication, printed, In
good faith. for the diffusion Ut local
and general news; or that II IL and was
not the paper published nearest to the
land affected by said notice, and that
there is another newspaper published
~ u IAhtt uthTsT " NNlu luNlN tluAily
well qualified in all aspects TO convey
hOtice Of the claim thereto asserted, OF
any other cause Of disqualification ex
pressed and defined In and by the fore
going several rules.
Tenth. Any such protest must he se.
c%ompanied by copies of at least three
successive editions Of the paper against
whose efficiency as a means Of notice
Il tho nr.f.ae - NsWaaNaa auI 10 - u..uy
like copies Of the paper published by
protestant, and alleged to have been
n more efficient agency of notice tban
was the paper actually chosen. IL
should, in addition 10 other facts here.
by made essential, disclose the relative
number Of actual paying subscribers
supporting ire said two newspapers;
the nun her Of papers actually distribut.
ed in the county In which said papers
NE published end in the county in
which the laud IL situated; and the
number Of ,nperr mailed "a bona hde
subscribers at the pOst.ofice nearest
TO the land 70 which such notice re
lates. II should state the length Of
time during which each Of said news
papers has been actually and c~ontinu
ously published, Immediately preceding
Wv hAA' Va " HlNN'NA anu - fNNhNA
Of said papers has been denied, or has
never applied for, entry rs secOnd-class
matter in the post Office at the place Of
publication, that fact should be stated.
Eleventh. Where any protest has
been filed In the manner herein pre-
scribed IL shall be the duty Of the reg
ister and receiver to Immediately con
slider same and 20 proceed thereon n
In M thar Nuaaa ~ URnfaaf anatnae Anal
proofs. II they should conclude that
the facts stated in the protest are in
sufficient TO warrant an order for o
hearing. they will render decision Ia
that effect and duly notify the protest
ant thereof, al the same time advising
him Of his right 10 prosecute an appeal
10 this office, In the manner and within
the time prescribed hy the rules at
practice. After the expiration Of the
period during which au appeal may be
prosecuted, they will, II no such appeal
be filed, forward the protest aud az
companying exhibits o. this Office. with
their decision thereon, as in eases OF
unappealed contests, together with "A
separate report by the register concern
ing the facts within his knowledge, and
hearing, in a material manner, on the
merits Of the question presented by the
protest.
Twelfth. In all eases where no ap-
peal II prosecuted from a decision by
the register and receiver dismissing "a
protest, that decision will he considered
final AZ 10 the facts; and aequieseenee
therein by this office will DC refused
only when Il IL manifest that IL was
error 10 determine that no proper
ground Of protest was sufficiently al.
legged.
Thirteenth. The law imposes upon
registers the duty Of procuring the pub.
LEGATION Of proper hnRl.proof notices,
and charges the claimant with no oh
legation In that behalf, except that he
shall bear and pay tbs cost Of such pub.
LEGATION. Registers should accordingly
exercise the utmost care in the examina.
tion Of such notices and in the compari.
son thereof with the records Of their
Offices, TO the end that they may not 20
TO the printer containing any erroneous
description Of the entered land, or
designating an omcer not authorized 10
receive the proof, or that they shall not
be for any other reason insufficient. II
il equally important that a notice eor
rect In all Of these particulars shall not
be published In a newspaper manifestly
disqualified ~ q means Of publication
and clearly incapable Of bringing the
notice to the attention Of the people
dwelling In the vicinity Of the lands to
which II relates.
Neglect Of the duty above defined.
resulting In . requirement Of repubiiea-
tion, should not visit It's penalty upon
the claimant. In all such cases, there