Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-09-22
Circular Letter to Land Officials.
Registers and Receivers,
limited States Land Offices:

circular approved september 3, lSlU,
under the act Of June %, 1910 (36
Stat, $3.50, directs that all who have
initiated nOn-mineral entries, selec-
| tons or locations prior to the pas
sage of the act, on lands withdrawn
or classified as coal lands prior to
entry, selection or location, which
have not been restored to entry un.
der the general land laws, be mott
fled of their respective rights under
said statute. TO that end you will
examine your records, prepare list
of those falling within the class des.
! ignated, fill out appropriately one OF
! the blank forms Notice to Non-min-
eral Claimants" supply of which
will be sent you at an early date by
, this office, being careful to strike
out all inapplicable portions thereof,
MAKE A PRESS COPY THEREOF
TO BE FILED WITH THE CASE,
send the original by registered mail
and file registry return receipt, when
received, with said press copy.
If claimant submits proof, commu-
tation or otherwise, in support Of
his CLAIM, and flies Herewith evid-
ence as to the non-coal character Of
the land, together with his applica-
ton for classification or reclassifica.
ton, as the case may be, you will
receive and suspend the final proof,
Withholding the issuance Of final GER
tiiicate thereon, forward same to this
office together with the evidence and
application DOR such classification,
and take no further action in the
case until advised by this office.
Ii, however, claimant should de-
fault in the matter Of said notice,
you will act upon the merits of his
proof as in ordinary cases, your at.
tention being invited to section 4 of
the circular The evidence Of serv.
ice with copy of notices must, in
variably, accompany the record.
Where notice is served on those
who have made final proof. you will
at the proper time, make due report
to this office, with evidence of serv-
ice accompanied by the copy of no.
tice.
Non-mineral applications, or filings,
proffered for lands classified as coal
lands, will be acted upon by your
office in the manner prescribed by
section S of the circular. Should ap-
plication or filing under section 2 OF
the act be presented for the land
thereafter, you will receive and hold
the same subject to final disposition
of the former application. In the
event the original application is fin
ally rejected by this office, the land
covered thereby will be subject to
entry, selection or filing under the
act, by the first legal applicant there
for, the original applicant not hav-
ing acquired any rights by, through
or under his rejected application.
Prospectors desiring to give bond
or undertaking as required by the
act, will, upon application, be furn-
, ished with blanks as per form an
nexed to the circular. Should such
bond be filed in your Office for trans
initial to this office, you will examine
same as to the proper execution
, thereof and as to it's conformity with
the requirements of paragraph 2, Sec
ton 6, of the circular, and if found
defective, you will notify the prin-
cipal thereof with right to cure the
defect within thirty days from notice,
advising him that in case of default,
the matter will be reported to this
Office with recommendation that the
bond be rejected. At the proper time
you will transmit the bond, with any
papers that may have been filed
Herewith, to this office.
In serving notice on the prospect.
or, the obligor, Of the approval by
the secretary of his bond, notice Of
such approval should, at the same
, time, be served on the obligee, the
non-mineral claimant in lawful pos
session of the land under the act.
The sixth section of the circular
provides, among other things, WHEN,
in the point of time, your office shall
receive and place on record coal dec
laratory statements and applications
to purchase the coal deposits in lands
entered, selected or withdrawn under
the reclamation act, as provided in
section two, and in the proviso to
section one of the act.
In all applications made under the
act for entry, selection, coal declara-
; tory statements and applications to
purchase under sections 2347-2352,
Revised Statutes, you will be careful
to see that, prior to the signing
;! thereof by claimants, proper nota-
ton across the face Of each applica-
ton has been made, as prescribed
by section of the circular, using the
rubber stamp mailed you recently for
that purpose You will also exercise
the same care in like notation across
the receivers receipt and registers
final certificate.
Blanks containing the clause speci-
fed in the circular are in course of
preparation and will be forwarded to
your Office at the earliest convent
ence.
! It is suggested that copy of said
circular, approved September 8, 1910,
under the act, be enclosed with the
rnotice to non-mineral claimants a
the class named in the proviso to Sec
ton one of the act, and referred to
! in the first paragraph hereof.
Very respectfully
+ S. V. PROUDFIT,
| Assistant Commissioner.
How to Enter the Office.