The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1877-02-06
CONNISsIoNER'S DECISION
IN THE MAYNARD LAND
CASE.
DEPARTMENT or THE INTERIOR.
GENERAL LAND OFFICE,
N .sftScTn~ II T. Ion - -

DEPAhTNEST or THE INFERIOR, ]
GENERAL LAND OFFICE, !
WAsHISGToS, ID. G. Jan. IL. -.
Rtgist<r and Rece.ser, Olympia. Wash
ington T'y. GESTLEMEy This Office
has examined the testimony and other
papers IN the contested case of the city
of Seattle ca Hugh McAleer, Fred
erick \. Minick. Edgar w Blake
Ephriam Calvert. and Chss. G Rich
preemptors. the Northern Pacific
Railroad Company and Thomas g. Val.
entine. scrip claimant. involving the
title 10 lands in Sections. 4, ). $. and 8,
I. "A N, II. i3. and fnds as follows;
The city Of Seattle filed application
May %, 1915, 10 enter lots !. s. 9, 10.
IL. l2. l3 and II, Sec 4; lots 6. :. s
and 0, Sec 5. lot s. Sec $. and lots and
8, Sec. 8. All of said tracts were incor.
porated BY the Territorial Legislature
Dec. ?. 1869, as part of the city of Se-
attle. and on November l2. 1875. the
Legislature repealed said act Of incor-
poration and re-incorporated said city,
leaving out the tracts in Section s
and 8.
McAleer filed d. s. 1862, April -.
1874, for lots l3 ard Il, Sec 1; lots :.
3 aud 8. Sec. 5, and lot >. Sec. s. alleg-
lug settlement, Nov -, 1869.
Miuick filed ID. s. 323S, June &c,
1874. for lots and 9. Sec. 4. alleging
settlsment two days previously. and
made cash entry No. 1909, May i,
1875
Blake filed d. S. 3.242. July .. 1874
for lots Is and ii. Sec i, alleging set
tlement the previous day.
Calvert filed ID. 5. 3249, July IL,
1874. on lots 5. Sec. 3 alleging settle
ment July ]. 1874.
Rich filed ID. 5. 32i3, July =. 1874
Oh lots :, S. II and II, Sec 1. alleging
settlement June %, 1874, and made
cash entry No. soil. January 5, 1875
Tho odd sections III said Township.
not reserved were withdrawn Aug. -,
1870 for the Northern Pacific Railroad.
Thomas L. Valentine. by his attorney
John X. Wheat, made application May
/. 1876. to locate Valentine Scrip 296,
29:. 29S. 299 aud 300. letter e upon
lots !, 3. 9. 10. H. y, IL and Il, Sec
1. aud on June .. 1876. Valentine, by
his attorney. applied to locate scrip 30l
Il. on lot 3. See s.
The land M question WAS embraced
10 donation claim NJ. i3 of ID. : Nav
nard and wife, per notification No. i01,
dated Oct 26, 1853, for $40 acres Do
nation certificate No 40, for said claim.
~ss ISSUED by the register and receiver
Ia ID > Maynard and Catherine T.. hi.
~Iir. May n 1869. apportion:--z ne
w.ss hAIs - ..s= :iusi'and aud the east
half 20 the wife. The wife's claim to
the e..st half e said clalns was rejected
by this office. and the husband. claim
TO the rest half was approved Aug l..
1872. and under date of March |. 1873.
the Hon. Secretary Of the Interior af
tirmed the decision OF this office The
eist half cs said claim, embracing the
tracts in conflict. Was surveyed March
-, 1874 and has been noted on our
plats
-" "c,',r..-' portion Of tie city Of
Seattle l. stta.is.a ~. Cd, go tl'is
band half III saii Donation claim an
II IA SHOWN that from j 800 ~ . n'S -
habItants reslde thereon It sE!-sts
also that the land applied for i'y tie
city has been laid off into lots. block
and park with streets. allies. &c but
the testimony does not show that said
pa. poscs-a part OF corral. attached
IL a slalghterhouse, part of a aursory
and the houses erected by the pre-
emptors and TIVE others being the only
Improvements placed on the tracts IL
question
McA.reT attcmpstn >how = settlement
on the land claimed hy him Nov -
1869. bat he WAS then s claimant a. a
purchaser from Maynard and wife by
deed dated Dec -. ls61 lie. McAlesr.
admits III his testimony that be dii not
claim the laud a Il pFe cmptor u4tll the
ta.i ot 1871. ami then hc was assured
that his title from Mayuari ami w.i.
would lie Questioned. aad he also states
that 80 did not make . personal settle
ment ur,i! MAY. 1874 after his fling
l. Is . So shown tha. VI cAleer aas the
owner Of more thaa 30 acres e land
a, The date II hi- allrgei settlement.
and up Ia january. !s'f VA ihe OWE
er Of more than go acres. Is - ar
guei. aud attempted = be prnrs.i. that
McAleer VAS trustee. holding part o.
the land ass.sse,l in hl- asine. a. = tr'ls-
Zee for minor children and others. but
that lie WAS the owuer ~ his q Sn night
OF more than 32o acr"s a. the date CT
las alleged settlement, = clearly estsb
.lshei by the testimony III the case.
McAleer sold = portion # the laud
which he claimed 10 hold ld trust foi
other parties. for valuable considerA-
ton. and Il i n0I shown that he aeld
ar Couyevrsi thC same as trustee
Mcssr, MinIck. KscE. Blake a:..l t-3-
vert settled on Ihe tFs.t- -sYera. =
claimed ty them. alil sled therefor al
ter tie zane had been dG.y lncUrp,--
- as a par; ot The city oi Seattle .
BESIDES Rich aul Bias hal "a,
vioasly filed for Other la.s t..SeI'
abandoned hl. gs>.iet.e IA .-t :. 80
tlon : priev 10 the pas|ag, 90 .i.s 81 ''
Nov - l'15. wh ch rNesa.!ei s4si -ai
fr,.n The corporate .Ig4.ts 4 sa.i city
The house crested BY Calvert MI h-'
other improvements 81 iet . cot ir-n
s60 l. s,5 ana =. the LATE 9i the hear
ing II June 1915 fae hoN-e 50. rs
hAnltsb
Cpsn ,he ststemet' ~ the .Aots Il
tie - as Gl-e.,-e. ty the ie>t.uel
ami exhibits 81 ~ ia this II '0s
10 OWING ralu-s are sEate
TN. .rtIs.,.tlou II the CIV ~ Se3t