that contracts for surveying the public lands shall not become binding upon the United States until approved by the Commissioner of the General Land Office, except in such cases as the Commissioner shall otherwise especially order; but it should be distinctly understood that the General Land Office does not assume to dictate to whom surveying contracts shall be let, nor to exercise any control whatever in the matter, so long as they are let to competent and faithful men. The giving out of these contracts is left entirely with the Surveyors-General, and to them alone should applications for employment as government surveyors be made. The position of deputy surveyor is open to all competent surveyors from any part of the United States who are loyal men. They must be men of integrity and well skilled in their profession, and the department will not knowingly approve a contract made with any party who does not possess these qualifications. To United States deputy surveyors is intrusted the duty of establishing permanent boundaries of the public lands, and it is of the highest importance that their work be accurately and faithfully performed. The surveys are usually carried forward in advance of settlement, and are frequently prosecuted in remote sections of the country, far away from any inhabitants; but although thus removed from the observant eye of the government, the honest deputy will feel none the less his obligations to execute his work with the strictest fidelity. Bad surveying and unfaithfulness in the erection and marking of corners are sure to be exposed sooner or later, and when they are detected the reputation of the deputy is gone forever, and he is liable to punishment for perjury and fraud. The responsibility under which deputy surveyors act is defined by the second section of an act of Congress, approved Aug. 8th, 1846, entitled "An act to equalize the compensation of the Surveyors-General of the public lands of the United States, and for other purposes," as follows: "SECT. 2. That the Surveyors-General of the public lands of the United States, in addition to the oath now authorized by law to be administered to deputies on their appointment to office, shall require each of their deputies, on the return of his surveys, to take and subscribe an oath or affirmation that those surveys have been faithfully and correctly executed according to law and the instructions of the Surveyor-General; and on satisfactory evidence being presented to any court of competent jurisdiction, that such surveys, or any part thereof, had not been thus executed, the deputy making such false oath or affirmation shall be deemed guilty of perjury, and shall suffer all the pains and penalties attached to that offense; and the District Attorney of the United States for the time being, in whose district any such false, erroneous, or fraudulent surveys shall have been executed, shall, upon the application of the proper Surveyor-General, immediately institute suit upon the bond of such deputy; and the institution of such suit shall act as a lien upon any property owned or held by such deputy, or his sureties, at the time such suit was instituted." Every consideration of duty and of interest prompts the deputy to faithfulness and fidelity in the execution of the work confided to him. The loss of honor and of a good name, a loss which can never be regained in the public service, are the forfeit of a failure in this regard, and the history of all past experience in this branch of the public service demonstrates that those deputies and only those who have thus shown themselves worthy recipients of public trusts, have ever been successful or prosperous. CONTRACT AND BOND. Before entering upon the survey, the deputy is required to execute a contract and bond with the Surveyor-General in the following form, to wit: This Agreement, made this (twenty-fourth) day of (May), 1867, between (Solomon Sharp), Surveyor-General of the United States for (the Territory of Idaho), acting for and in behalf of the United States, of the one part, and (Peter Traverse), deputy surveyor, of the other part, WITNESSETH, That the said (Peter Traverse), for and in consideration of the conditions, terms, provisions, and covenants hereinafter expressed, and according to the true intent and meaning thereof, doth hereby covenant and agree with the said (Solomon Sharp), in his capacity aforesaid, that (he) the said (Peter Traverse) in (his) own proper person, with the assistance of such chainmen, axmen, and flagbearers as may be necessary, agreeably with the laws of the United States, and in strict conformity with the printed Pamphlet and Manual of Surveying Instructions, issued by the General Land Office, which are hereby incorporated with and made a part of this contract, and with such special instructions as (he) may receive from the Surveyor-General in conformity therewith, will well, truly, and faithfully (survey the exterior lines of the following described Townships, to wit: Townships 2, 3, 4, and 5 Ñ. Ranges 6, 7, and 8. E. of the Meridian, in the Territory of Idaho), and that (he) will complete these surveys in the manner aforesaid, and return the true and original field notes thereof to the office of the said SurveyorGeneral on or before the (twentieth) day of (November) next ensuing the date hereof,-acts of God excepted,-on penalty of forfeiture, and paying to the United States the sum mentioned in the annexed bond, if default be made in any of the foregoing conditions. And it is further expressly stipulated and made a condition of this contract, that the surveys herein described shall not be commenced before the first day of the fiscal year ending the 30th day of June, 1868. And the said (Solomon Sharp) in his capacity aforesaid, covenants and agrees with the said (Peter Traverse) on account of the United States, that there shall be paid him by the Treasury Department, upon the receipt of (his) account at the General Land Office, properly certified by said (Solomon Sharp) in his capacity aforesaid, and accompanied by the approved plats of the surveys for which the account is rendered, as a full compensation for the whole expense of surveying and making return thereof (eight dollars) per mile, for every mile and part of mile actually run and marked in the field, offsets and random lines not included. And it is further understood and agreed, between the parties to this agreement, that the said surveys will not be approved by the said (Solomon Sharp) in his capacity aforesaid, unless they shall be found to be in exact accordance with the requirements in the printed Pamphlet and Manual of Surveying Instructions: Provided also, No member of Congress or subcontractor shall have any part in this contract, and that no payment shall be made for any surveys not executed by the said deputy surveyor in (his) own proper person. IN TESTIMONY WHEREOF, The parties to these articles of agreement have hereunto set their hands and seals the day and year first above written. SOLOMON SHARP, Surveyor-General. [L. S.] Signed, sealed, and acknowledged before us, JOHN SMITH, THOMAS JONES. I, Peter Traverse, deputy surveyor, do solemnly swear (or affirm), that I will faithfully and impartially execute the surveys mentioned in the foregoing contract to the best of (my) skill and ability. PETER TRAVERSE, Deputy Surveyor. Sworn to and subscribed before me, at (Golden City), in the (Territory of Idaho), this (24th day of May), 1867. WALTER CARROLL, Notary Public. KNOW ALL MEN BY THESE PRESENTS, That we (Peter Traverse), deputy surveyor, as principal, and (John Smith) and (Thomas Jones), as sureties, are held and firmly bound unto the United States in the sum of (two thousand) dollars, lawful money of the United States (being double the estimated amount which would be due by the United States to the said [Peter Traverse], on the completion of the surveys named in the foregoing contract), for which payment, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, and each and every of us and them, jointly and severally, firmly by these presents; signed with our hand, and sealed with our seals, this (twenty-fourth) day of (May), 1867. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the above bounden (Peter Traverse), deputy surveyor, shall well and truly and faithfully, according to the laws of the United States and the instructions of the said Surveyor-General, and in strict conformity with the printed Manual of Surveying Instructions, make and execute the surveys which are required of (him) to be made by the foregoing contract, and return the field notes of the said surveys to the Surveyor-General, in the manner and within the period named in the said contract, then this obligation to be void, or otherwise it shall remain in full force and virtue. PETER TRAVERSE, Deputy Surveyor. Signed, sealed, and acknowledged before us, JAMES HILL, I (William Brown) do certify that in my opinion the sureties to the above bond are sufficient, and I hereby approve the same. Witness my hand and seal at (Golden City, I. T.), this (24th) day of (May), 1867. WILLIAM BROWN. [L. S.] OATH Prescribed to be taken by all Persons in the Public Service, by Act of Congress, Approved July 2d, 1862. I (Peter Traverse, deputy surveyor) do solemnly (swear) that I have never voluntarily borne arms against the United States since I have been a citizen thereof, that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that I have neither sought nor accepted nor attempted to exercise the functions of any office whatever under any authority or pretended authority in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority, power, or constitution within the United States, hostile or inimical thereto. And I do further (swear) that, to the best of my knowledge and ability, I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully dis charge the duties of the office on which I am about to enter. So help me God. PETER TRAVERSE, [L. S.] Deputy Surveyor. SS. Sworn and subscribed to before me, this (twenty-fourth) day of (May), 1867. WALTER CARROLL, Notary Public. Deputy surveyors are required to verify by their oath that the surveys embraced in their contracts have been executed in strict conformity with instructions, the requirements of the surveying Manual, and the laws of the United States. The deputy cannot consistently make this oath if the work is done by separate parties in other parts of the field from that in which he is himself operating; therefore, by a rule of the department, deputy surveyors are required to execute the surveys named in their contract "in their own proper persons," and to make oath that of their own personal knowledge the work is done in accordance with instructions and the laws of the United States, and no surveys not so executed and attested will be paid for. It will be seen, therefore, that a deputy surveyor can take but one surveying party into the field at one time, and that party must be under his own supervision in person. When one deputy does the work under a joint contract, he may verify the same.—When two deputies enter into joint contract for certain surveys, and only one of them goes into the field, if that one, with a single surveying party, executes all the work in person, his affidavit alone as surveyor, attached to the field notes, will be deemed sufficient, and no impediment to the payment of his account will result therefrom. Two active deputies under a joint contract each to verify his own work. — If two deputies, joint parties in a contract, both go into the field, each with a separate surveying party, the field notes must show clearly the particular surveying |