The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1909-10-02


observed In the choice Of newspapers
for the publication Of fnal.proof no.
tees, may be at least greatly dinin.
ished In number, as well as TO the fur.
Their end that such as may be received
shall be without foundation Of fact
or In law.
Seventh. Persons seeking to estab.
lish their right TO a legal title TO any
public lands are not authorized TO In.
tcrfere with the discretion Of the reg.
ister In the choice Of a newspaper In
which to publish notice Of their claims;
nor will any designation Of a newspa.
per made by a register, In the reason.
able exercise Of that discretion, he
disturbed m the ground that the claim
ant recommended another newspaper.
All the other conditions being equal, IL
will be entirely proper to accord favor.
able consideration OF n claimant =
non %'nation Of n newspaper, though &c.
ceptance Of such a nomination will not
DO enjoined upon you.
Eighth. None of the rules herein
stated respecting the designation OF the
newspaper are intended to apply TO or
govern, publication Of notice concern.
ing proof proposed to be offered in sup
port of an application Tor the purchase
Of lands chiefly valuable for their tim
Der or stone, under the act of Congress
of June 8, 1873 go stats, sg), as ex.
tended by the act Of Congress vi Au.
gust 4, 1899 (21 Stats, 34S), nor 10 the
purchase Of Alaskan coal lands under
the act Of Congress OF April rs, 1904
(3J Stats, $3.50. Publication of such
notices must be procured by the appli.
canis, in newspapers selected by them,
but this privilege does not exempt them
the obligation to select d newspaper
published nearest to the lands to which
the application relates, and such paper
must be In all other respects u cOmpe
tent medium of notice, in accordance
with the principles which have been
stated. You wall give TO 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 ig.
nofantly 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
AaAAAN ~ I@A hN"NIhHNA NJ ah
agency tor the publication vi 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 aud
principles herein stated, to serve rs the
medium of such notice, may file in the
Nt.VV..V lu.tI IA. -. ..l..l ...A -.
tice emanated u written and verified
protest against the acceptance Of the
proof submitted in accordance with
such notice. Such protest should set
forth all material aud essentia. facts
within the knowledge vi the protestant,
or OF which he has reliable Information
aud 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.
lisLed was and is not u reputable and
established publication, printed, IN
good faith, tor the diffusion OF local
aud general news; or that II in and was
not the paper published nearest to the
land affected by said notice, and that
there is another newspaper published
AZ a place nearer TO said lands equally
well qualified in all respects 10 convey
LOtice of the claim thereto asserted; OF
any vrber cause Of disqualification OK.
pressed and defined in and by the fore
going several rules.
Tenth. Any such protest must be &C.
cOmpanied by copies of at least three
successive editions of the paper against
whose efficiency ms a means Of notice
The protest IL directed, and by as many
like copies Of the paper published by
protestant, and alleged to have been
"A pIOIe efficient agency of notice thar
was the paper actually chosen. IL
should, in addition TO other facts here.
by made essential, disclose the relative
number OF SEXUAL paying subscribers
supporting TIE said two newspapers;
the nun ben of papers actually distribut.
ed ia the county In which said papers
aye published End in the county in
which the laud Is situated; and the
humber OF Iuperr mailed TO bona ide
subscribers al the post-oilice nearest
TO the land to 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
the date OF the protest; and, IL either
Of said papers has been denied, or has
never applied for, entry as second.class
matter IN the post.oiiee at the place of
publication, that fact should be stated.
Eleventh Where any protest has
been filed in the manner herein pre-
scribed II shall be the duty OF the reg
lister ana receiver to Immediately con
slider same aud TO proceed thereon n
IL "a l.aF ..... - VWANaaN usa.VaN Gaal
proofs. II they should conclude that
the facts stated IN the protest are in
sufficient 10 warrant an order ion "a
hearing, they will render decision To
hat effect and duly notify the protest
ant thereof, M the same time advising
him Of his right TO prosecute an appeal
to this office, in the manner and within
the time prescribed by the rule, ui
practice. After the expiration OF the
period during which an appeal may be
prosecuted, they will, II NO such appeal
be fled, forward the protest and ac
companyiug exhibits TO this office. with
their decision thereon, n IN cases OF
unappealed contests, together with a
separate report by the register concern
ing the facts within his knowledge, aud
bearing, IN a material manner, on the
merits OF the question presented by the
protest,
Tv elfth. In all eases where no ap.
peal Is prosecuted from a decision by
the register and receiver disiuissing "a
protest, that decision will be considered
final as TO the facts; and acquiescence
therein by this office will ne refused
only when II is manifest that il was
error 20 determine that no proper