The Powder River County examiner and the Broadus independent. [volume] (Broadus, Mont.) 1919-1935, 1922-04-14
2noeT TALKS O. No0ESJEAD MATTERS
Bv COLA W. SHEPARD United States Commissioner
OFFICIAL. DUTIES AND s4RvIOE
TALK NO. 50
copyrighted 1924 by Cola W. shep-
arA. Colony. Wro., and publiahsl In the
PoVv6oP River County Examiner thru
epoclal arrangemont.1

(Copyrighted 1924 by Cola w. Shep-
ere. co,eay: VIZ. a.d pssi,s a,ssr 'n t6 snS
special arrangement
When the United States gove'''inene
FIRST began sdisposing of its punhc
lands Their was hut one land oh!ce ana
that was located at Washington. every
person who had land business nad 10
go to Washington to transact II. Latef
It became evident that some means
should be provided so that people
cnu1d transact land business nearer
home. or nearer to the land lnVoNe
an n number of district land onices
were established. and people who haa
land business to transact appearet at
these district land offices After the
free homestead bill was enacted the
number Of people who took up puoilc
land increased rapidly and II oecai'e
necessary to provide some means "
relieve entrymen from )ourheHi"s ~
the district land office every time ian"
business was tC' be transacted.
All applications. proofs ana o'her
land papers could be mailed to the dis-
trtct land office. but the law required
that certain oaths must be administer
ed by the register and receiver OF the
district land office. and these oaths
could not be administered unless the
parties were personally present. So.
to relieve entrymen from unnecessary
travel congress passed law permit
ting these oaths to be taken before
certain other officers. and providing
that when taken before these o'her
officers Omitted States commissioners,
clerks of court and judses) they weuia
be equally as binding as if taken pc
fore the register or receiver OF as
trict land office. and in cases OF per-
Jury the same pains and penalties
would attach.
This law does not give a tlited
states commissioner. or other officer
any authority to dispose of pubic
lands and does not make such outside
officers agents of the land ONCE IN
any way. but merely permits them TO
administer oaths in land matters and
tc take final proof testimony. Inc
actual business of disposinE OF the
pnub,ic lands is still done in the dis
trct land officers. where all records
are kept and all entries. proofs and
SO forth are passed upon by the leS-
lister and receiver.
The internal revenue laws require
that income tax statements must be
sworn tC. The collector Of internal
revenue IS authorized to administer
this oath as are also the deputy coll
1ectors. hut it would be a hardship to
make everybody appear before me
revenue officer and swear tc his tax
return. So ii is provided that the oath
may h. taken before "A notary public
or other officer qualified to administer
oaths. This. however does net wake
such notary public an agent of the
treasury department. 1t does not re-
auire every notary to become an au.
thority on the revenue laws and have
at his tongues end &C mplete informa
ton for taxpayers. II merely provides
that the taxpayer may. II more con
yenient for him. make oath to his re
turn before A notary instead of go
ing before a revenue officer.
So the public land entryman may
If more convenient for him. take tn
required oath in connection with hi
land business h. fore a United State
commissioner. clerk of court or judge
hut such officer is not required h.
law Ia be informed TO the variou
land laws or the status Of the land
in his vicinity. His only responsibility.
under the law is to administer tn
oath in the regular form. according t
the statements in the certificate Nhicl
he must fill cut. sign and seal II h
does more than this it is a service
which he gives his clients
II such officer makes a study OF tn
land laws that he may inform hi
clients oft heir rights and duties. tina
is a service which he gives. either 70
an extra fee or to induce clients t.
transact their land business bofor
him. IT he keeps a set Of plCts an'
records showing wha. lands are va
cant and subject Ia entry and othe
information valuable to entryineN
that is another service. IF he main
rains n road ranch where entrEmel
may put up tehif horses and Obtain
food and lodging while transa"ain:
land business, that is another servic.
Some officers do some of these thing
and some do others and some do hone
Many sntrymcn expect that such cut
side Officers should keep complnt
records and plots showing the prescl
status of all lands in the land distric
and should he able to give offhand an,
and all legal advice asked for. an,
should be prepared TO serve meals L
all who appear on land business an,
in great many other WAYS extern
unlimited service, hut entrymen shout
understand that the only service the,
hay" a right Ia expect is that thci
affidaVtts Will b. executed in a correc
and legal manner.