The enterprise. [volume] (Harlem, Mont.) 1899-1926, 1914-01-29
Defective mics.

''ul1-HiulHS Nltil ttlle present Uen
ocratic administration with reference
to the publishing VI i,al proof no.
tees throughout the state. II TIL
article following taken from the Lew
lstown Argus lie true-And there is no
reason to doubt it there are any NUM-
Der or proofs IN this,aas Well as III
other parts Of the state. that would
not stand up. AS far It's The Enter
prise Is concerned, we have been At
corded the very best Of trentment bA
the present Democratic register ants
receiver in his district. We thliih
we have received all that WAS conill-i
10 ITS, and cannot ask for more.
is not so with the Republican hold
over in the IIavre district, and hi
attention has been called to this fac
a time or two, with no results. 1hert
have been several proofs made tina
were not published in the paper near
est the land described, and although
obey were in the Ilavre district an
ltllS k'HkCl III tIiV o1nHSo" ~ lA'b's
the law, as we read it, does not MAKE
any distinction as to districts.
1t might be very well for those who
have made final proof in the llavrt
district, and are closer to Malta than
to other points where a paper is pub.
lshpd, to look into the matter and
have the mistake, if there be one,
corrected before it is too late. The
banks. and others loaning none!
might also save considerable trouble
10y taking time by the forelock.
"Unless the best authorities are
mistaken, the most OF the land in the,
| I4pWistuWn land district and on which
! final proof has been made in the last
nine months. has seriously defective
titles. So serious is the flaw in the
titles that banks are refusing to lend
money on the llnd. Attorneys are
certain that III many cases il contest
could be successfully made and the
homestpader would lose all share in
his land.
The Act approved March 8, 1879 Go
u. s. Statutes. 472) provides that
upon filing Of notice Of intention to
make proof by the entryman, "The
/ Register shall publish, q notice that
such applica ton has been made, once
Il week for period Of thirty days, in
a newspaper to be by him designated
as published nearest to such land, =
aud the rules of the Department on
the subject say: Upon the filing OF
the notice by the applicant the Regis.
ter will publish a notice that sucl
applicaton has been made, once eacl
week for a period of thirty days, in ;
newspaper which he shall designate
10y an order written on said appIira
, ton, as published lleIest the lane
desc ihed in the application.
, 1.-The only modification of this ac
and rule is that u newspaper mus
have been published at least si>
months in order to entitle it to b'
, DIES ignated for the publication of tna
, proof notices. The law gives thu
Register Il certain discretion rs to thu
f newspaper to be designated, but, Al
ia all such matters, it must be II rea
sonable and rot All arbitrary discre
ton. The meaning Of the law being
that the notice must be published II
TIE PAPER NEAREST THE LAND,
such paper is a reputable journal, am
has been established the require'
q length of time.
G. E. Mckoin, vice president Of tn
9 Lewistowp State Bank, and who wa
q receiver of the LeWistown land of1ic
for years said: "Of course we would
% MT loan a dollar to settlers who's
final proofs were illegally published
No bank could, as there would be n
o. security 1t puts the settler ina yer
q embarrassing position, especially
If he wants to borrow money, or if h
h has claim that may be contested
n The point / have made ever sine
the illegal publications started is tia
!, no receiver of a land office can tax
-, away from any paper it's right to re'
:, ignition; right coming from I'll
= recognition accorded by the govern
- ment where it has previously pull
- lished legal notices. At the time
- became receiver, only three paper
e. printed the notices, and two of the
~ were Democratic. AS new pape
= were established and continued f
~ six months, each received it's share
49, the notices. There was no questi6
s, of the politics of the paper nor
"a ownership. The law is plain and ma
Ia datory. II a paper has been pu
,a lished for six months and is neare
vi the land, it must receive the public
ton"