The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1877-02-06
County and City OAlcial Press.


Tuesday, February 6, 1877.
THE MAYNARD LAND Gaze i.
We S Sssaa:..ia on Our first page to-day.
ia dssisioz Of J. A. Williamson. Com
niuionsr Of the Z. 3. Land Of3ce. ia
H. disps:.c>-. rasa of the CAsharine
Maynard Donssicu Land cisim Il. ks
sosth-sestern portion Of this city. Il
will be remsmbcrcd that the litigation
was Arst opened few years ago by tho
suit Of Lydia Maynard and her heirs.
which resulted adversely 70 the plain
tias bat succeeded in breaking the til
tle II Mrs. Csthsrine Maynard 10
whom the certificate had issued The
recent decision relates succinctly and
clearly the history and points Of the
snsoiag litigation between rival claim
ants.
The Valentine scrip was some spe-
ciss Ut "Aostable land scrip known
- Sioux City, We bslieve.) issaed by
government and held by James b.
Valentine, Of San Francisco. which en-
abled him to locate the number
Of acres called Tor on any public lands no.
appropriated. which that gentleman ju-
diosoasly tried to locate - near Seattle
q he could. II will be observed that on
account Of the withdrs vel Of the city
limits north of the line Ut sections
eight and nine. his fling held one lot
OF about seventeen acres in the former
section.
The ground Of the decision Was tho
inclusion Ct the most Of the lands in
question, something over 800 acres
within the corporate limits OF the city
Of Seattle the presumption law e1-
pressly excmpting lands within the in
corporation of any town or city FROM
the purview Of that statute. All things
considered, therefore. tho result is ia
vorable to the city. as other disposition
Of the land is practically barred a. long
- the corporation holds its ligature
upon it.
The best Of the decision. though, is
that the commissioner would not rccog
mise any right Of the city rs having
euured in the absence of any real i'm.
provsments, which is just. The title OF
the city therefore is merely inceptive or
possible ~ yet. rather than actual. 1t
will b necessary to fulfill the spirit of
the law by occupation aud improve
mcnt. II the town-site law is held to
apply in this case. any citizen can pre-
smpt homestead of one or more lots
ct the nominal price Of ton dollars each
bv making substantial improvements on
each lot taken; that is to say. BY clear
Ing. fencing and building.
The Statute (sectiou 1882. Revised
Statutes Of the U. s. in regard to
the presumption of town sites on the
public domain reads a. follows:
= Il any CO.. = which parties have
alrsedy founded. or may ksssnlhar a..
sl1e 70 Soon@. city 0s town on the pub-
tic lands. & uay ue iswful Soe tha9 n
ennss to b 4le1 With The roeordar a.
the co9nty IN whioh the nms : eitno-
ted. . plat thereof. for not excoe6in~
Elk hundred aud forty scrss. describing
its exterior boundaries according to the
lines Of the public survey, where such
surveys have been executed, also giving
the name Of such city or town. and OK !.
hibiting the streets. squares, h,sSS..
Lots. ard alleys. tue size Of the same.
with measurements aud area Of each
municipal subdivision. tho lots in which
shall each not exceed four thousand
two hundred square feet. With q
statameas o.l.,, c.t.rt and general
character Of the Improvements. ss..s.
map aud statement to be verified under
cath by the party acting for and in be
oait Of the persons proposing to estab-
iish such city or town and within one
month after such sling there shsll BE-
transmitted to the General Land U6Scc
vcrihed Transcripts Of such map aud
statement. accompanied by tae tessimo-
ny Ut two witnesses that such city or
town has been established in good faith,
and when the premises are within the
limits OF an organized land district, a
similar nap and statement shall be
died with the register and receiver and
ct any time after the filing Of such map.
statement. and testimony in the General
Land Office 1t may he lawful for the
President to cause the lots embraced
within the limits Of such city or town
20 be offered at public sale to the high.
est bidder, subject to minimum of ten
Collars for each lot aud such lots as
may not be disposed of at public sale
shall thereafter be liable TO private en-.
try at such minimum. OK at such rea-
sonsble increase or dimiuution there
after ~ the Secretary OF the Interior
may order from time TO time. after al
least three months notice, in view OF
the increase or decrease in the value Of
the municipal property. But any ac,u.
n settler upon any one lot, As above
provided. and upon any additional 10,
IN which he may nave substantial i'm.
provements, shall be entitled TO prove
up aud purchase the same as . pre- emp.
tion. 1t such minimum, at any time be-