Disposition of Final-Proof Notices 



(Circular letter of September 8, 1910.) 

 The instructions contained in telegram of January 5, 1910, in the following words: 



Claims procedure changed as follows: Take no action whatever on proof notices 

 where reports are favorable, and send Forester single copy favorable report with 

 Secretary's letter of transmittal. Procedure in questionable cases unchanged. 



are hereby superseded and hereafter supervisors will return to registers and receivers 

 all notices of final proof received from them. 



Where no adverse facts are known by the supervisor at the time as a basis for 

 protesting the issuance of final certificate, he will note the following indorsement 

 on the final-proof notice: 



No objection at this time to issuance of final certificate right in law to future con- 

 test not waived should facts develop warranting charges; report submitted [or will be 

 submitted] in due course to the Secretary of Agriculture. 



Where grounds exist for protesting issuance of final certificate the notice will be 

 returned to the Register and Receiver indorsed: 



Protest; report submitted [or will be submitted] in due course to the Secretary of 

 Agriculture. 



When the notice is returned to the Register and Receiver, the supervisor will file 



in the case folder a record of the notice and the action taken. 

 (The above circular is amended by adding the following paragraph:) 

 The notices must in each case be returned prior to the date advertised for the 



submission of final proof. In the report submitted reference will be made to the 



notice of final proof, the indorsement made and the date thereof, and of its return to 



the Register and Receiver. 



Settlement: Effect of Eliminations upon Lands Listed 



On October 6, hi a letter to J. S. Todd, Whittier, Cal., the Commissioner of the 

 General Land Office rendered the following decision: 



Referring to the petition signed by yourself and others, requesting that the lands 

 listed by the Department of Agriculture under your application, under the Act of 

 June 11, 1906 (34 Stat., 233), be not opened at this time, I now have to state that 

 inasmuch as the lands listed upon the applications of the following named applicants 

 are within an area which has been eliminated from the National Forest area by 

 Presidential proclamation of July 1 , 1910, the lands so listed will not be restored to 

 entry under the Act of June 11, 1906, for the reason that they will, after due publi- 

 cation, be opened to entry under the various public land laws. * * * 



The dates for the opening of the said lands to settlement and entry, respectively, 

 have not as yet been set, but they will be opened to settlement 30 days prior to the 

 date on which entries may be made thereof. In view, however, of the fact that the 

 lands above described were listed with this Department and are a matter of record, 

 the applicants will, hi accordance with the decision of this Office dated November 

 28, 1908, to the Register and Receiver at Durango, Colorado, be allowed a preference 

 right of entry of the lands so listed. Such applications should, however, be filed in 

 the local land office prior to the date on which the lands will become open to entry 

 under the various public land laws. 



Papers to Accompany Drafts of List Letters 



Drafts of letters submitted to the Forester proposing to list for an applicant under 

 the act of June 11, 1906, a smaller area than was applied for should be accompanied 

 by an explanation as to why such reduced area is recommended, together with a 

 statement that the applicant accepts the findings of the examiner and wishes to enter 

 the tract recommended for listing. 



