The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1909-10-16

proof must he published In a newspaper
Of established character and ~ general
circulation In the vicinity Of the land
affected thereby, such paper having a
fixed and well known place Of puhlica.
ton. No newspaper shall be deemed
a qualified medium Of notice unless II
shall have been continuously published
during m unbroken period 81 sir
months Immediately preceding the pub
LEGATION Of the notice, nor unless N
shall have applied for and been grant
cd the privilege ~ tr%ansportion In and
by the United States mails at the
rate provided by law for second class
matter (sec. 427 TO 437, inclusive, Post
nj Laws and Regulntions), n privilege
available to all newspapers having n
legitimate list Of subscribers aud II
known place Of publication.
Second. The G'ice must In all cases
be published In the newspaper which
may be printed and issued at a place
nearest 90 the land which the notice
affects. by the word "nenrest' 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 aud princi
pally Travelled thoroughfare between
such places, being the highway ordi
narily used rnd employed for travel
by vehicles Of any iiud. But this
qualification shall not be intended n
authorizing any manifest pervision Jf
the spirit of the rule, but simply to
dispense with any strict rule based ON
geographical distance.
Third. II is not necessary that the
newspaper nominated as the medium
Of such notice shall be published IN
the same county az that In which the
land lies, OF even In the same land dis.
trict. On the contrary, a newspaper
published In an adjoining county, II
Its place Of publication IN nearer to
the land than that Of any other news
paper, must be designated as the agen.
cy Of publication, II 1t 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 10 the media Of notice
In such cases rs are here referred to,
but the discretion is official in charac
ter, aud not n purely personal and
arbitrary power TO be exercised with
out regard for the object of the law
by which IL Is conferred. II follows
AhaN " A'HAHAtA y aNNN'h h Wv 'A'A
else Of such discretion In sub Jcct to
review by this office in any case where
IL is sufficiently alleged thai the dis.
erection has been abused, meaning
thereby that IL has been exercised in
q manncr perversive Of the object Of
the law In requiring such notices To
be published. This power of review
will ordinarily be exercised aud made
effective In n proper case by holding
the final proof to have been preceded
by insufficient notice; but II may be
resorted to and exercised, IN any case
IN which II may be shown that n reg.
lister rs persistently designating u
manifestly inefficient medium of no
tice, by %forbidding the further publ.
cation of notices IN such a newspaper
until 1t shall nave acquired and suG'
GENTLY established its Possession Of
the requisite qualifications. In 9th.
or words, where II mas once been de.
termined that n newspaper ~ not a
competent medium OF notice, 1t Is
within the power Of this olice to for
bid the continued selection oil That
newspaper as the means ot publication
without awaiting repeated abuses of
discretion on the part of n register and
n determination in each separate ia
NhhNo Nha NuN hOAAFo wan htAtR
ally published. This course Of action
will, therefore, be pursued whenever
1t is shown that u register is bestow ing
his patronage upon an alleged news
paper which is not entitled to that
character, being merely u private ad
vertising agency or published for
some special purpose aud not as a gen.
eTal dissemination Of news, or where
such paper has no actual bona hde
or reasonable meritorious circulation,
or IL not In fact published at its pre-.
tended place VI publication, but NJ
some other place.
Fifth. Where a register acts In the
reasonable n not maniiestly unfair
aud improper exercise Of his dlscre
ton his decision will not be interfer
ed with or disturbed by this Office.
The department scan not and will not
undertake ~ weigh and nicely calcu'
late the relative efficiency of two or
more newspapers published in the SAINT
place and alike possessing aud enjoy
ing an established character and gen.
eIal circulation; nor will a., as be
tween two papers published at ditler
ent places, permit any slight and un
mpvftan, advantage Ia the matter OF
geographical proximity, period Of pub
lication, or extent OF clrculhtlOnt pos
sessed by one vi such papers over the
other, to serve as n sufficient reason
Tor ~disappIo,al Of the registers con
~clusion ms TO which one OF such news.
papers should be designated AS the
means Of publication.
Sixth. IL IL earnestly desired that
you shall severally be nj all times care
ful in your observance OF and adher
ence to the rules which have been here
stated aud prescribed Tor your govern
ance, TO the end that the now INNER
Jus aud urgent complaints Of alleged
discrimination, nnd charges TO the ei
feet that the object Of the law Is not
observed In the choice OF newspapers
tor the publication vt final proof no
tees, may be at least greatly dimin
ished In number, as well las to the fur
ther 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
lerfere with the discretion OF the reg
lister in the choice Of n newspaper IN
-A.A a. - III Al. 4 sl..- Iii.