Monopolies -- United States; Railroads and state -- United States
"4th. When any person applies to enter a tract of such lands, claiming
the right to do so by such prior abandoned claim, you will order a
hearing, notifying the railroad company, as well as the pre-emption or
homestead claimant, so that they may produce such evidence in support of
their right as they may have to furnish. Your inquiry must be directed
to the personal qualifications of the original claimant, and his
compliance with the law prior to filing an entry; and I desire to
enjoin upon you the necessity of excluding all testimony not material to
showing the facts upon the subject of inquiry. You will, however, be
careful that all such facts are brought out, and if necessary to this
end you will yourselves examine and question the witnesses. You will in
all cases give the parties interested personal notice of the time and
place of hearing, when their whereabouts are known, or they can be
reached by such notice. In other cases you will cause the notice of
contest to be published at least once a week for four weeks in the
newspaper having the largest circulation in the vicinity of the land.
Parties initiating a contest must provide for defraying the expenses
thereof, but when the case comes before you for trial you can apportion
the expenses according to the equities of each case. Your particular
attention is called to the fact that in some of the earlier railroad
grants, lands covered by homestead claims, which may subsequently be
cancelled, are not exempted from the operation of the grant. Therefore,
in such cases, the tracts revert to the grant, and you will recognize no
application for these lands by other parties, but will pay due regard to
the rights of the grantees. You will in no case allow pre-emption
filing, or homestead entry on this class of lands, without instructions
from this office."
Public-domain text, read in full here on John Shaqi.
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