The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1909-09-25
INSTRUCTIONS RELATIVE TO PUB
LEGATION OF rNArrPRoof NO
rrcEs AND CONCERNING THE
DISCRETIONARY AUTHORITY OF
HEoIaTERa IN THE SELECTION
OF N,wsPAPERs roR THAT FUR
POSE

Department Of the Interior, General
Land Office, Washington, ID. O., An
gust IL, 1909.
Registers and Receivers Of United
states District Land Offices.
Sirs: This Office IL In daily receipt
Of complaints from editors and publish.
ers Of newspapers to the effect that
their publications are not accorded the
patronage which should be bestowed
upon them, In accordance with the law
and regulations On entries Of public
lands.
The object Of the law requiring pub.
LEGATION Of such notices il TO bring to
the knowledge and attention Of all
persons who are or who might be In
ierested in the lands described therein,
or who nave information concerning
the ~illegality or invalidity Of the as
serted claims thereto, the fact that II
il proposed "a establish aud perfect
such claims, to the end that they may
interpose any objection they may have,
or communicate information possessed
by them to the officers Of the land de
partment. II IL unnecessary 10 state
that this object can not be secured by
n notice published In n paper which has
no circulation among the people resi-
dent In the locality in which the affect
ed land IL situated, aud that inattention
20 or disregard Of their duty In this
behalf on the part Of registers will re-
suit in the total subvcrsion Of the law
aud the defect Of It's purpose aud In.
tent To the end. therefore, that you
may be fully instructed concerning YOU
official obligation In the premises. aud
that YOU may be urged To an alert and
diligent performances of the duty which
the law impulses upon you, your atten
ton il directed 20 the several rules
now TO be- stated aud which should gov
ern and control you in the discharge Of
YOU official obligation:
First. \ notice of intended final
proof must he published in a newspaper
OF established character and ~ general
circulation In the vicinity of the land
affected thereby. such paper having u
fixed aud wpil known place Of puhlica
ton. No newspaper shall be deemed
n qualified medium of notice unless IL
shall have heen continuously published
during an unbroken period Of six
months immediately proceeding the pub.
~lication Of the notice, nor unless IL
shall have applied for and been grant.
ell the privilege Of t%ransportion in and
by the United States mails AT the
rate provided by law for second class
matter (sec. i27 TO 49,, inclusive, Post
nj Laws and Regulations), a privilege
available 10 all newspapers having q
legitimate list OF subscribers and a
known place Of publication.
Second. The notice must in all eases
he published in the newspaper which
may be printed and issued at a place
nearest TO the land which the notice
affects. BY the word nearest as
here used Il il not intended that geo.
graphical proximity shall be measured
on an air line drawn between the land
and the place Of publication, but by
the length Of the shortest and princi
pally travelled ~thoroughfarr between
such places, being the highway ordi,
narily used and employed for travel
by vehicles of any kiId But this
qualification shall not he intended a.
authorizing any manifest pervision OF
the spirit Of the rule, but simply "a
dispense with any strict rule based on
geographical distance.
Third. IL Is not necessary that the
newspaper nominated ~ the medium
Of such notice shall be published in
the same county Ms that in which the
land lies, or even in the same land dis
trict. On the contrary, a newspaper
published in an adjoining county, IL
its place Of publication is nearer "a
the land than that Of any other news
paper, must be designated rs the agen.
cy Of publication, II IL In also qualified
by reason Of its general circulation
in the vicinity of the Affected land.
Fourth. The law invests registers
with discretion in the selection OF
newspapers to be the media Of notice
in such eases n are here referred TO,
but the discretion is official in charac.
ter, and not 4 purely personal and
arbitrary power to be exercised with
out regard for the object Of the law
by which IL is conferred. IL follows
hat a register action in the exer
else Of such discretion is subject "a
review by this office in n case where
IL il sufficiently alleged that the dis
erection has been abused, meaning
thereby that it has been exercised in
II name perversive of the object of
the law In requiring such notices 20
he published. This power Of review
will ordinarily be exercised and made
effective in a proper case by holding
the final proof 10 have been preceded
by insufficient notice; but IL may be
resorted to and exercised, in any ease
in which IL may be shown hat n reg.
lister is persistently designating a
manifestly inefficient medium Of no.
tice, by forbidding the further publ
cation Of notices in such a newspaper
until It shall nave acquired and sufi.
GENTLY established its possession OF
the requisite qualifications. In 9th.
er words, where IL mas once been de.
termined that a newspaper is not a
competent medium of notice, IL is
within the power Of this Office to for
bid the continued selection Of that
newspaper as the means Of publication
without awaiting repeated abuses OF
discretion on the part OF a register and
a determination in each separate in
stance that the notice was inefiectu
ally published. This course Of action
will, therefore, be pursued whenever
IL is shown that a register is bestowinl
his patronage upon an alleged news
paper which is not entitled TO thai
character, being merely a private ad
vertising agency or published for
some special purpose and not as a gen
eral dissemination Of news, or where
such paper has no actual bona nd
or reasonable m%eritorious circulation
or IL not In fact published at its pre-
tended place OF publication, but a
some other place,
Fifth. Where a register acts In tbs
reasonable and not manifestly unfail
and Improper exercise OF his dtsere
ton his decision will not be interfer
ed with or disturbed by this Office
Ths dsnaytmant can mot and will moi