Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-01-31
COMMISSIONERS TO
REMAIN De- FACTO
OFFICIALS
Important Ruling is Made by
Land Office Affecting Final
Proof Of Homestead En-
tries.

The following sef-rvr.araiorv jet-
l u.eH sent Do o. uI tHp
ny tpnNrcssni .IRs uuu
Ferguson concerning an Important
ruling ON land matter. the text Of
which was published some days ago
IN this paper;
House ~ Reprosentatlyas, u. g.
Washington, y. G.
Ianuary &C. 1919.
Dear Sir:
We have received many communi-
cations In regard 10 the legality Of
acts of the United states commission
crs In taking land proofs AZ viii be
seen by the enclosed communication
frofn the commissioner of the general
land office. the Office of the court
commissioner has been abolished. and
all their acts are nugatory. and al
though the offices OF the United states
commissioners were probably vacated
upon the admission of New Mexico MS
y state, they are stili regarded for the
purpose ~ taking land proofs as de
facto officials and will Doe allowed To-
take proofs until such time az the
United states Judge FOR the state Of
.Ncw Mexico Is appointed and quail
fled.
We would appreciate @ II you would
give THIS letter publicity as many set
tiers WHO live distance from tho
land ofilSes or county seats win be
saved the tnSe and expense Of going
before said land officials In order to
make either their filings or final proof
Respectfully yours.
GEORGE CURRY,
II. II. PERCUSSION.
Members of Congress
Following Is copy Of the Official
order:
January 60. 1919.
TO the Registers and Receivers.
Sirs: supplementary of Instructors
communicated by Office telegram of
January 2, 1912, you are advised that
admission OF the state of New Mexico
tu the union operated 30 effect an
ABOLITION OF the offices OF United states
court commissioners. CMechem gIi
Public officers, Sec. 40S, Throop ON
Public officers, sec 8a4. 3T5D on
cill acts performed by any such Of
nrar subsequent To that event must
b. REGARDED az wholly nugatory.
IL viii be necessary, consequently.
10 reject final proofs and other papers
submitted or completed before such
officers after the date of admission
as aforesaid.
II is also considered that the offices
of the United states commissioners
were vacated as a consequence OF the
admission OF the state and the aboli.
ton OF tho tribunal hy which IN,
then incumbents were appointed AZ
the Office continues 20 exist, however
the official acts performed by such In
lcumbents, assuming and claiming au-
thorlty by virtue OF their original ap-
pointments, will be treated as ths
acts OF an officer de factC. and valid as
10 the public, until such time as THEN
| official status may be determined bS
the action OF competent authority
| CThroop on Public officers, secs. 631
630D
In accordance with this conclusion
proofs submitted and papers complet-
ed before United states commission.
era In office at the date of admission
az the state into the union. and there
afier continuing ~ nerforr cWcia
funetinna, H,u be tn.te3 uuu o.
80 81 yald uuu 9i tan thD
status of such officers has been con.
sidered aud determined by the United
states district court for the district OF
New Mexico.
Very respectfully
| Csigned) FRED DENNETT,
Commissioner