The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1880-10-24
THE MAYNARD DONATION CLAIM
LITIGATION.

Nay ed. 1875, the City OF Seattle
applied TO the local Land Office al
Olympia TO enter under tie Towusi.e
Act Of the United States, the trac, Of
land Usually known rs the eastern half
Of the MAYNARD Donasiou Claim, . tract
Of land within the corporate limits of
said city, and embracing two hundred
and sixty-ts acres and . fraction.
Thi. application va. contested by VAL
entine scrip claimants. the Northern
Pacific Railroad Company. and several
pre- en- ption claimsnts. Proof was pre-
sentsd by the several parties ip interest
and taken on appeal to the Conmis-
siouers Of the General Land Office. and
from there to the Hon Secretary of the
Interior, who on March 10th. 1879.
made the final decision therein. reject
ing the clsims of all parties to enter
any portion Of said tract that was
sItbin the corporste limits Of the city
II Seattle. and dlsailoving the present
entry of said tract by the city for want
Of municipal improvements and occa-
patton Of the same. This decision. IN
effect. held said tract in sbeyance until
such time IS the city st Seattle could
be able to show that some portion Of
said tract was occupied by municipal
improvements.
May sth. 1879. CM Bywater applied
10 file his declsratory statement upon .
portion of said tract. which application
sas refused by the local Land Office.
Appeal was taken TO the Com missioner
Of the General Land Office who affirmed
the decision of the local Land Office.
An appeal Was then taken to the Hon
Secret RI of the Interior. which appeal
was accompanied by an affidavit that
the corporate limits Of Seattle embraced
an area largely in excess Of the amount
of land allowed by the Town.ite Act
to be withheld from pre-emption and
homestead settlement. The Hon Sec.
rotary theseupon. by letter Of &C 9th.
1879, directed the local Land Office .,
Olympia to notify the city authorities
20 elect what portion of the lands with
In the corporate limits OF Seattle should
be withheld from pre- emption and
homestead entry. Notice was given.
Jan. Sth. 1850. by the local office to
said City aud to BY water that tae cath
of March. 1880. Was tue day fixed for
said election to be made The City
passed an ordinance electing the lands
to be withheld aud including the said
eastern BALI of tie Maynard Donation
Claim Bywater appeared aud offered
testimony in regard u the status of the
land elected to be withheld. and of all
the land within the limits of the city
of Seattle. Subsequently further tes-
iimony wa, taken IN Seattle by said
City and said Bywa,er. April 14th,
1850, the testimony in the case was
fioally closed by stipulation 81 facts
in the case. signed by the attorney for
the City and the attorney for e NJ BY.
water. January Sth, 1880, ] Vance
Lewis and w c Hill of Washington
City. ID. O., applied to file Portsrfield
warrants upon all of said land. Said
application was refused An appeal
was taken to the Commissioner of the
General Land Office, who. in April last.
affirmed the decision of the local Land
Office. The papers and testimony in
the case OF the City of Seattle vs. G NJ
Bywater were duly forwarded aud the
decision of the Commissioner of the
General Land Office is Just received.
1t is quite lengthy. and gives an able
review Of the long course Of litigation
had in regard to said land. The pith
OF the decision is as follows:
''It appears that Seattle is not snd
never was entitled 10 receive any land
under the TOWNSHIP laws; that Seattle
being wholly located on private land
Is not such town or city AS is contem.
plated by the townsi,e laws"
1T follows. thea, tina. the land in
question 10 public land upon which the
City had no rightfui claim, and a. the
same was not settled upon or improved
prior to the time Bywater settled upon
the same. it was under Section l Of the
Act of March Sd. 1877. 90 Stat. 1927
subject to presumption and homestead
entry" T
"Tbe application Of BY water to file
d. s. for lots 2. s. IL aud az. Section 4,
"a N r east, should have
been allowed, and the application of
Messrs Vance Lewis aud w G Hill,
filed Jan Stb, 1880. to locate Porter
Held warrants. should be allowed 90 far
a. it does not conflict with any prior
right"
C K Jenner. Esq was attorney for
Mr. Bywater.