East Oregonian : E.O. (Pendleton, OR) 1888-current, 1911-01-11
HOMESEEKER HELPED
BY NEW RULING
PRACTICE CODE Is
CHANGED BY BALLINGER
Secretary Reduces Cost of Private
Contests and Eliminates Spectators
-CollusiOn ImpOssible-New Sys-
TEN for Serving Notices-Other
Changes of Interest.


Important changes in the rules Of
practice in the United States land Of
flee effective Feb. /, 1911, have been
made, according to advices received
at the local land office, says the La
Grande Observer. The new CODE
has been prepared with view OF re-
ducing the work connected with the
handling of contests in the local Of
fices and reducing the costs to per-
sons desiring to contest abandoned
entries in order to secure the land Tor
the purpose of establishing a home
thereon. BY means of an oath, more
effective manner of reaching those
filing collusive contests is provided.
The professional locator who often
files many contests in order TO sell
his preference right to enter the lands
after he has successfully contested
the entries Is entirely eliminated. A
brief statement of the important
changes in the rules has been prepar-
ed by Receiver Colon r. Eberhard,
OF the local office. 1t follows:
Contestants Must be Qualified.
The first important change is that
making 1t a prerequisite to the filing
of a private contest that the person
instituting the proceeding be quail
fled to enter the land and this fact ne
must set forth In his affidavit of con-
test together with statement OF the
character of filing he intends to place
on the land, II successful. A contest
ant must also swear that the proceed
ing he asks to institute is not collus-
i've. Otherwise, the requirements at
the time of filing the affidavit of con-
test are practically the same as at
present. Equally important is the
change in the form of the notice or
summons issued to the defendant
Heretofore this notice informed the
defendant that at certain time and
place a hearing for the purpose OF
taking testimony in the contest
against his entry would be had. And
regardless of whether any appearance
was made by or on behalf of the de-
fendant, the testimony Of at least two
witnesses was required to be taken
for the consideration of the land Of
flee; while under the new practice,
the notice will state that unless the
adverse party appears and answers
the allegations of said contest with
in thirty days after service of notice
upon him. the allegations of said con-
test will be taken as confessed" Un-
der present practice, usually one Of
ficer OF n local land office alone is
sues the notice; under the new prac-
tice, both are required to sign the
notice.
New Manner of Service.
Heretofore II has been the usual
mode TO serve the defendant with the
notice of contest by delivery OF the
same to him in person, II he could be
found in the state in which the land
lies; otherwise by publication in a
. newspaper. The new rules provide
that the notice may be either handed
to the defendant in person by any
person over IS years of age, sent to
him by registered mail or published
in n newspaper within the county in
which the land is located, and when
the latter method is used copies OF
the notice must also be sent the de-
fendant by registered mail to the
postoffice nearest the land, the ad-
dress of record in the land office and
at the present address OF the defend
ant, II known. When service is not
made by publication. copy of the
original affidavit of contest must al
so accompany the notice of contest
which in this respect Is similar to the
practice of serving a copy of n COM
plant with the summons in an action
at law under the Oregon code. 1t is
also provided that no contest pro.
ceeding shall abate because of any
defect in the manner of service where
In any case II Is shown that a copy
of the notice actually came into the
hands Of the defendant, In case the
defendant makes and files his sworn
denial of the charges, 1t Is provided
"that the register and receiver will
forthwith fix time and place for TAX
ing testimony and notify all parties
thereof not less than 20 days in ad.
vance of the hearing"
Trial Procedure Unchanged.
There is no material change in the
procedure at the trials, except th'
pOWtT " sup
examinations by attorneys is broad
ened and authority to exclude witness
es not testifying is expressly givel
local officers, though such power ha!
been exercised here for many year
when occasion arose.
Costs Taxed Equitably.
The most important change Is II
the manner of taxing costs in all case
except private contests where a pref
erence right is to be exercised. In tn
latter event, the contestant will con
tinue to pay all costs. though 1t will
be borne in mind that the new pro
cedure will in all those cases wher
no appearance is made by the de
fendant eliminates any fees for takin
testimony or necessity for the EN-
ployment Of an attorney, except t
prepare his original papers. In a.
other cases each party must pay tn
cost of taking the direct examination
Of his own witnesses and the eros