The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-12-19
CHANGE RULES in
u. S. Land CASES
MATERIAL CHANGES MADE FOR
BENEFIT OF POOR CONTEST
ANTS BY INTERIOR
DEPARTMENT.

Washington, Dec. 19.-The secretary
of the interior approved the new rules
of practice governing cases before the
United States local landoff1ces, the
general landoffice and the department
of the interior. The purposes OF the
revision are to simplify practice, to
avoid unnecessary delays, and to re-
duce the number of Successive appeals,
in the interest of the Iitigant. At
present the multitude of appeals give
an advantage to contestant of wealth
over one who is poor.
The new rules materially change
those previously in force in respect to
number Of matters, some of the most
important OF which are as follows:
Under the former rules a contest
against an entry or claim Of record
might be initiated by any person,
whether he desired to acquire title to
the land involved or not, while under
the new rules contests are confined to
persons who seek to acquire title to or
claim an interest in the land involved,
and the ground of contest must be
based on matters not disclosed by the
records of the land department. A
contest by any other person than one
seeking to acquire title to the land,
and vexatious contests will be avoided
or who claims an interest in the land,
will be investigated by agents of the
department. Through these means
unnecessary, as well as speculative
and vexatious contests will be avoided.
Greater authority is granted regis
tiers and receivers Of local landofflces
throughout the country, in that they
are empowered to allow an application
to contest in any case without refer
ring the same to the commissioner of
the general landofflce, as they have
heretofore been required to do in GER
tain classes of cases, thus saving time
incident to forwarding, consideration,
and return of papers before proceeding
upon the contest.
The new rules provide that a copy
of every affidavit OF contest must be
Immediately forwarded to the COM
missioner of the general landofice,
thus preventing complication incident
to action in ignorance of the pending
proceeding.
Notice by registered mail is consid-
cred personal service, and upon failure
of the cOntestee, or defendant, to ans
wer, the allegations Of the contest will
be taken as confessed.
Motions for review Of decisions of
the commissioner of the general land
Office are abolished and motions for
review and re-review of the decisions
of the secretary of the interior are
likewise abolished. Instead of the lat
ter, provision is made for a petition
for rehearing, which must be s. ID
on the adverse parties and filed in The
general landofice, or in. the appro-
pirate landoffice for transmittal
through the general landoffice, within
thirty days after service of notice of
the decision.
A further material change is made
in that only thirty days are hereafter
to be allowed within which an appeal
may be taken from the decision of the
commissioner OF the general landoffice
to the secretary Of the interior. Under
the old rules parties were allowed six
ty days in which to appeal to the de-
partment from q decision of the gem
eral landoffice. BY these changes the
period Of litigation is made shorter,
and the work Of the department ma
terially reduced.
The new rules contain other impor-
tant changes and will become effective
Feb. /, 1911; in the meantime the gen.
eral landoffice has been instructed to
promulgate the rules in such a man
ner as to give as much publicity there
to as possible.
Chop Suey at 1athskeIIer, Moorhead