21 



2. The procedure authorized by the circular of June 20 does not displace that 

 hitherto in use. (See Use Book, pp. 32-39.) The Forest Service may proceed 

 by either method, at its option. The local land officers are required, in 

 accordance with the General Land Office circular of August 1, 1905 (copy 

 annexed), to furnish the Forest officers with a copy of the notice of intention to 

 make final proof. 



3. Under ordinary circumstances the old procedure will be followed and the 

 supervisor's report upon the claim will be transmitted to the Forester and by him 

 to the Commissioner of the General Land Office, for appropriate action. If the 

 peculiar circumstances of any case make it necessary to initiate a contest before 

 the local land office, the supervisor should proceed under the circular of June 26. 



4. The complaint under the circular of June 26 need not be under oath, but 

 it should be verified by the Forest officer, who should sign it and give his ad- 

 dress. It should describe the claim by section, township, and range, if surveyed ; 

 or by reference to fixed objects, if unsurveyed. If a filing has been made for 

 the claim, the number of the filing or entry should be given. The name and 

 address of the claimant should also be given. The complaint should state suf- 

 ficient facts to warrant the rejection of the claim and the cancellation of the 

 entry, if there is one. 



5. Upon the filing of the complaint the local land officers will assume juris- 

 diction and take such action upon the complaint as the facts warrant. They 

 will issue all notices and direct all proceedings. The General Land Office cir- 

 cular of February 14. lt>0(j (copy annexed), will govern the proceedings taken in 

 such cases. 



6. Forest officers are not authorized to incur any expense for the attendance 

 or milage of witnesses, for the service of notices, or for any other matter con- 

 nected with the contest. They should, however, upon request, assist in serving 

 notices and subpoenas issued by the local land officers in any proceedings taken 

 under this circular. Subprenas are not required to be served upon Forest offi- 

 cers in such cases. They will attend hearings, if possible, upon notice given 

 by the local land officers. If they can not attend they should so inform the 

 local land officers. Personal expenses for traveling and subsistence may be 

 incurred in the performance of these duties. 



7. When a complaint is filed a copy should be immediately -transmitted to the 

 Forester with report upon the claim on Form 175, 654, or 655, and statements 

 of the evidence to be given by each witness for the Government. These state- 

 ments should, if possible, be in the form of affidavits signed and sworn to 

 before a Forest officer by the witnesses. 



8. The affidavits or statements should set forth every material fact with 

 relation to the claim. The place where the affidavit is taken, and the name 

 and address of the affiant should be given, and it should be signed by the officer 

 before whom the affidavit is taken. 



9. Forest officers should endeavor to obtain competent and reliable persons 

 to appear as witnesses in support of their findings. They should, upon request, 

 furnish to the local land officers the names and addresses of such witnesses, so 

 that subpoenas may be issued for their attendance at hearings. 



10. If the Forest officer is unable to be present at the final proof and knows 

 the claim should not be passed to patent, whether he has so reported to the 

 Forester or not, he should, in addition to the questions to be furnished the 

 examining officer, as provided for in the Use Book, page 33, also file a com- 

 plaint against the acceptance of the final proof, instead of filing protest. 



11. Forest officers should fully cooperate with the local land officers and the 

 special agents of the General Land Office in all matters relating to or affecting 

 the validity of claims to lands in the National Forests. They should furnish 

 them all information required in the proper conduct of proceedings upon their 

 reports, and if necessary should assist in making such supplemental examina- 

 tions as may be required in such proceedings. 



12. In making examinations of mining claims the requirements of the Use 

 Book must be closely observed. In the examination of all agricultural claims 

 all absences should be carefully noted and the reasons for them given. If 

 possible an affidavit or statement should be obtained from the claimant to assist 

 the reviewing officers. 



13. Reports on all kinds of agricultural claims should be made on Form 655, 

 with such changes as are necessary to show the facts. Great care should be 

 taken to fully state the character of the claim, whether it is a squatter claim, 

 location, filing, application, or entry. If an entry, the report should show 

 whether or not final certificate has issued and the number and date of issuance. 



14. The success of the proceedings against claims will depend upon the show- 



