The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1909-10-16
proe.durs in Case OF complaints.

Procedure In Case OF Complaints.
Ninth. No appeal will lie from the
action Of the register in refusing to
name any particular newspaper rs an
agency for the publication Of notices
concerning claims TO public lands. But
any editor or proprietor Of a newspaper
who believes aud desires to charge that
a notice of proof in support Of any
claim to public land has been published
ia a paper disqualified by the rules aud
principles herein stated, TO serve as the
medium Of such notice, may file IN the
district land olice 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 mater ial aud essentia, facts
within the knowledge Of the protestant,
or of which he has reliable inform ton
aud which he believes TO be true, and
which, Of duly established by proof,
would require n determination that the,
newspaper Ia which the notice was pub
lished was aud Is not u reputable and
established publication, printed, IN
good faith, for the diffusion Of local
aud general news; or that IT Is aud WAS
not the paper published nearest 10 the
land affected by said notice, aud that
there is another newspaper published
Mt a place nearer to said lands equally
well qualified In all respects TO convey
hotice OF the claim thereto asserted; or
any Other cause Of disqualification ex
pressed aud defined In aud by the fore
going several rules.
Tenth. Any such protest must he nc.
%cOnpanied by copies of at least three
successive editions Of the paper against
whose efficiency ~ a means Of notice
the protest IN directed, aud by a. many
like copies Of the paper published by
protestant, aud alleged 10 have been
"a piUIe efficient agency of notice than
was the paper actually chosen. II
| should, in addition to other facts here.
by made essential, disclose the relative
number of actual paying subscribers
supporting tie said two newspapers;
the nun uoI Of papers actually distribut.
81 Ia the county In which said papers
ute published pnd IN the county H.
which the luud Is situated; and the
number Of Iupcrr mailed to bona fde
subscribers al the post Office nearest
to the land to which such notice re.
lates. IL should state the length OF
time during which each OF said news
papers has been actually aud c%ontinu
Ously published, Immediately preceding
tho date of the protest; aud, II either
Of said papers has been denied, or has
never applied for, entry as second class
matter IN the post Office at the place Oi
publication, that fact should be stated
Eleventh, Where any protest ha,
been filed In the manner herein pre-
scribed 1t shall be the duty of the reg
lister and receiver to Immediately con
slider same and to proceed thereon ~
IN other eases Of protest against fnal
proofs. II they should conclude thai
the facts stated in the protest are IN
sufficient TO warrant an order for o
hearing. they will render decision "a
that effect and duly notify the protest
ant thereof, AT the same time advising
him of his right TO prosecute M nppca
to this office, in the manner aud within
the time prescribed by the rule, pi
practice. After the expiration of 10,
period during which an appeal may b,
prosecuted, they will, IL no such nppea
be filed, forward the protest aud ~
companyiug exhibits To thi, office, will
their decision thereon, ~ in eases ol
unappealed contests, together with Z
separate report by the register concern
ing the facts within his knowledge, aud
bearing, in Il material manner, On the
merit Of the question presented by the
protest.
Tvelfth. In all cases where no NJ
peal Is prosecuted from n decision by
the register and receiver dismissing q
protest, that decision will be considered
final as to the facts; and acquiescence
therein by this Office will ne refused
only when IL is manifest that it was
error TO 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 final proof notices
and charges the claimant with no oh.
legation in that behalf, except that he
shall bear and pay the cost Of such pub.
location. Registers should accordingly
exercise the utmost care In the eNamina
tiun of suca notices aud IN the compari
son thereof with the records of their
offices, to the end that they may not 80
TO the printer containing any erroneous
description Of the entered land, OF
designating an o.nceT not authorized "a
receive the proof, or that they shall not
be for any other reason insufficient. II
IL equally important that d notice cor
rect ia all OF these particulars shall not
he published In a newspaper manifestly
disqualified as "a means Of publication
aud clearly incapable of bringing the
notice TO the attention of the people
dwelling In the vicinity of the lands "a
which IL relates.
Neglect Of the duty above defined,
resulting ia a requirement of repuGlica
ton, should not visit its penalty upon
the claimant. In all such cases, there
fore, the register by whom the publica
tiOn vas procured will be required "a
effect the necessary republication at
his own proper expense. II ~ error IL
committed by the printer of the paper
In which tho notice appears, the fegis
ter may require such printer to correct
his error by publishing the notice anew
10 the necessar! length If time, and
for his refusal to DO 80 may decline "a
designate his said paper n an agency
af notice in cusas thpFeufter arising.