23 



being deemed necessary to more fully emphasize the purpose of the original 

 circular. 



(1) Hereafter you will, when issuing notice of intention to make final proof 

 upon claims, either mineral or nonmineral, within an established forest reserve, 

 furnish a copy thereof to the Forest Supervisor in charge of such reserve in 

 order that he may be enabled to be present at the taking of final proof to exam- 

 ine and cross-examine claimant and his witnesses, or may protest the passage 

 of the mineral application to entry, as the case may be. In the former case, 

 whenever the Supervisor may deem it necessary, the examination may be re- 

 duced to writing at the cost of the claimant, and made a part of the final proof 

 in that case. You will request the Forest Supervisor to make proper return of 

 the proof notice, to be made a part of the case with such notations thereon as he 

 may consider best. 



i'2) You will carefully examine any proofs for claims within forest reserves, 

 whether mineral or nonmineral, together with any evidence furnished by the 

 Forest Supervisor or brought out by his examination, and either reject, suspend, 

 or approve the same according to the following directions : 



(3) If sufficient facts appear upon the face of the record, you will reject the 

 final proof, advising claimant of your reasons therefor, with the right of appeal. 

 No further action thereon will be required from the Forest Supervisor. 



(4) If you believe the proof to be fraudulent or doubtful, but do not have 

 sufficient reasons to justify its rejection, or if the Forest Supervisor has returned 

 the notice with a definite protest against the claim, you will suspend the proof 

 and submit a brief statement of the facts in the case to the special agent in 

 charge of the district in which said proof is made, such statement to include 

 the names and addresses of claimants and witnesses, and your reasons for the 

 suspension of the proof. You will forward the proof to this office with a copy 

 of your letter to the special agent. The special agent will then proceed to make 

 such investigation as he may deem necessary, and to submit his report on the 

 approved form. Upon the receipt of his report, appropriate action will be taken 

 upon the entire record as then made up. 



(5) If you believe the proof to have been made in good faith and that the law- 

 lias been in all respects complied with, you will pass such proof to entry in the 

 regular order, upon compliance by the claimant with all the requirements 

 therein and on the payment of fees and commissions, but you will in no case 

 issue final certificate or pass a mineral application to entry when any definite 

 protest by a forest officer has been made against the claim. 



(6) You will promptly notify the Forest Supervisor of whatever action you 

 take in every case. 



(7) The names and addresses of Forest Supervisors will be furnished you by 

 this Office. Notices of claims in forest reserves in which there is no forest officer 

 in charge should be forwarded to the Forester, Agricultural Department, Wash- 

 ington, D. C. 



Very respectfully, J. H. FIMPLE, 



Acting Commissioner, 

 Approved : 



THOS. RYAN, Acting Secretary. 



Instructions Manner of Proceeding upon Special Agents' Reports. 



DEPARTMENT OF THE INTERIOR, 



GENERAL LAND OFFICE, 

 Washington, D. C., February 14, 1906. 

 To Special Agents and Registers and Receivers, United States Land Offices: 



The following rules are prescribed for the government of proceedings had 

 upon the reports of special agents of this Office. All existing instructions in 

 conflict herewith are superseded. 



1. The purpose hereof is to secure speedy action upon special agents' adverse 

 reports upon claims to the public lands, and to allow entryman, or other claim- 

 ant of record, opportunity to file a denial of the charges against the entry or 

 claim, and to be heard thereon if he so desires. 



2. Upon receipt of the special agents' report this Office will consider the same 

 and determine therefrom whether the charges, if true, would warrant the re- 

 jection or cancellation of the entry or claim. 



