The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-01-20

copy furnished a party to the cause,
on his request therefor, with no other
charge for or on account of adminis-
tering the oath to a witness or prepar-
ing a certificate to complete the depo-
sition. A minimum fee of 81 for the
first deposition taken at the instance
of any party to a cause should be per-
mitted.
"(6) The act of congress approved
Jan. Is, 1897 (29 Stat, 4S4), providing
for reservations Of public lands as sites
for stock-watering reservoirs, has
ceased to be of any very considerable
public advantage. On the contrary,
it has for some time been a means
whereby such reservations are pro-
cured for purposes foreign to the law.
Very often it is employed to accom-
plish the reservation of lands until
such time as the applicant himself TO
acquire the legal title under some
other law. In other cases it is obtain
ed purely for speculative purposes and
is placed upon the market Immediate
w following accomplishment Of the
reservation, the reservoir claimant Of
fering his relinquishment for sale. I
respectfully recommend that this sta
tute be promptly repealed.
"(7) The several statutes provid-
ing for rights Of way and easements
for canals, bitches, telegraph and tele-
phone lines, reservoirs, and other
structures are heterogeneous and
wholly lacking in any uniformity of
principal or rule in relation to the
character Of the interest or estate Sc
cured, and in respect of the duration
of such interest or right. Some pro-
vision should be made whereby rights
under these grants will terminate au-
tomatically at the expiration Of q stat
ed period of time, in the event of fall
ure to construct the proposed works.
or following nonuse or abandonment
for a similar length Of TIME. AS the
law now exists, the government is un-
able to relieve the public land of the
burden of these paper easements with
out resort to suit in a court of equity,
whereby to obtain a decree of forfeit
ure. A similar provision for auto
matte forfeiture should be provided
for rights of way granted to railroads
by the act of March 8, 1876 (1S Stat,
4T2).
"(8) The appropriation OF $4,000,
made by the act Of congress approved
June %, 1910 (36 Stat, 775-99T), 10
be used in the preparation and publi-
cation of a revised edition Of the man
ual of surveying Instructions, has not
been expended, preparation Of the re-
vision being uuavoidably delayed by
the urgency and volume Of other lines
of work. Considerable progress has
been made in the execution OF that
object, however. and publication may
soon be ~resorted TO. wish, therefore,
to urgently recommend that said apr
preparation be continued and made
available during and until the expira-
ton Of the fiscal yea ending June
80, 1918.
"(9) / wish to renew the recon-
mendation heretofore presented in am
nual reports from this office, urging
the repeal OF section 1901 Of the United
States revised statutes, by which the
residence and cultivation required Of
homestead ~entryYnen may be commute
sd on payment OF $1.25 for each acre
Of the entered lands after fourteen
months from the date of entry. 1t is
unnecessary here to repeat the reason
ing by which this recommendation
has. been justified, or to state the obs
jectionabIe consequences Of the prac-
kical operation OF this statute.