Show LAND REVIEW publication of final proof notices duties of district laud land officers in respect thereto publishers pees fees editor deseret desere 1 newe the only law requiring the publication of notice ol of intent lou to make final proof is the act of congress approved march 3 0 3 1879 20 stat and applies exclusively to homestead and preemption pre emption entrees departmental have been promulgated requiring such suh publication in desert ednd and timber cul ture entries I 1 believe that there mere is no BO I 1 direct statutory authority for tho the institution ution of such regulation tion in respect to such entries but that it is claimed that the authority Is found in the geni oral provisions of law relating 0 to the ma making in of regulations necessary to carrying carrat into effect the laws governing disposal dis sal of public lands under er the law requiring the publication of notice in preemption pre emption and homestead bom estead cases provision JA Is made that the register shall publish a notice 1 I 1 etc and in the regulations relating to said law it is provided that the 11 ling filing of such notice must be accompanied com compa panted nied by a deposit of sufficient money to pay the cost of publishing the notice to be given iven by the register in such basea there can be no question but that the register is legally responsible to the publisher tor for the amount of publication fee As the affidavit of the publisher or foreman of the news paper is necessary to show thattie that the law caper iw has been complied with publishers may usually enforce payment of their charges by refusing fusing to furnish such affidavit until payment has been made for advertising occasionally however registers isil fall to require the deposit mentioned and order the advertising as usual then the fails to make proof abandons dong his claim perhaps and the register declines to pay the publisher in such case a judgment could no doubt be becu secured rg a against dinst thea the officer a court coart in the lo 10 c callay alty in fact act I 1 A of opinion that tat a register rg it r of a land an d office Is like other pe people elsam amenable able to the laws and liable lor for the amounts of contracts entered into by dimand when he orders advertising without specially stating that in soaking making such order he is merely acting as the agent of another the giving by him and execution by the publisher ot at such order constitutes il contract under which t aymeric of the usual advertising charge charl ge may be enforced by legal process provided of course the register nas property subject to execution certain publications are required by law in other classes of entry under the stone and timber act applicable to oregon california nevada and washington Wasa ington ton territory publication as is re required in advance of entry under this law the district land officers have nothing to do with the publication of notice further thau to f furnish a copy of le the same to applicant to be published at his bis own expenses expense in the newspaper published nearest the location of the land of course registers may as a matter of accommodation mo dation to th the applicant forward liae notice to the publisher but he be is not required to do so by the statute and such action by him wIthout disclosing the fact that be lie is merely acting as the agent of the would render lim him legally liable for the amount of the publication fees the publishers can protect themselves in these cases where the applicants are in good faith by demanding their advertising fees before fur furnishing the evidence of publication li whether the order be given by the register or by the applicant the remarks relative to the legal liability of registers in the matters mentioned are based on general bust busl among the answers to correspond ness principles and will be modified of course bourst by the usages of the localities in which cases arise 0 publishers publish have been accepting orders for publication in timber and stone entries from registers and looking to applicants cants for compensation anci ana it has been long understood that in giving such orders the officer has acted as agent for applicants of course the abe officer would not be liable for the amount of pub publishers libbers fees this letter is called out by complaints and inquiries recently received from publishers indicating that the question joerein discussed are imperfectly understood by many publishers now that election is over let the farmers farms rs who want taxes reduced demand the early abolition of the entire lu internal revenue system HENRY N COPP |