Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-12-23
Change RULES IN CASES
BEFORE U.S.LANDOFfICE
MATERIAL CHANGES OF BENE
FIT TO THE POOR Confess
TANTS.
New Rules Will Go Into Effect the
Firts of February and Contain Many
Provisions.

Washington, Dec. 22.-The secre-
tary of the interior approved the new
rules of practice governing cases
before the United States local land
offices, the general land office and the
department of the interior. The pur-
poses of the revision are to simplify
practice, to avoid unnecessary delays,
and to reduce the number of success
sive appeals in the interest OF the It'll
CANT. At present the multitude Of
appeals give an advantage to a con-
testant 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 fol-
lows:
Under the former rules 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 mattef> not dis
closed by the records Of the land de-
partment. A contest by any other
person than one seeking to acquire
title to the land, and vexatious con-
test will be avoided. or who claim an
interest in the land, will be investi-
gated by agents of the department.
Through these neans unnecessary
as we'll as speculative and vexatious
contests will be avoided.
Greater authority is granted regis
tiers and receivers OF local land offices
throughout the country, in that they
are empowered to allow an applica-
ton to contest in any case without
referring the same to the commission
er of the general land office, as they
have heretofore been required to do
in certain classes OF cases, thus saw
ing time incident to forwarding, con-
sideration, and return of papers be-
tore 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 land office,
thus preventing complication Incl
dent to action in ignorance of the
pending proceeding.
Notice by registered mail is consid
cred personal service, and upon fail
ure of the contestee, or defendant to
answer the allegations of the contest
will be taken as cOnfeS Sed
Motions for review Of decisions of
the commissioner of the general land
office are aboliEaed 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 petition
for rehearing, which must be served
on the adverse parties and filed in the
general land Office or in the appro-
pirate land office for transmittal
the general land office within
thirty days after service or 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
of the general land Of |
fee to the secretary of the interior.
Under the old rules parties were al |
lowed sixty days in which to appeal |
to the department from a decision of
the general land office BY these |
changes the period of litigation is
made shorter, and the work of the
department materially reduced.
The new rules contain other i'm
portant changes and will become eff.
fective Feb. 1, 1911; in the meantime
the general land office has been in.
structed to promulgate the rules in
such a manner as to give as much
publicity thereto as possible.