The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1880-01-21

O 4cAleoS, 0foS, ooc403o no V19 tn
owner OF $50 acres Of land at the dstl
when b 6rst claimed % . pre- empto
in 1871; secondly. because ct the dat.
Of his settleosat and fling the lan<
was included within the c0rporsts lia
it Of the city and not subject 70 dispo
ssl under the pre-emption laws.
Yvu held the cash entry sf Rich. and
the fling OF Blake for esncellAtioo
because they were made for land,
included within the corporats lin.
it, Of the city; and also because they
were not qualified pre-empto.s undsl
section 1851 Of the Revised Statutes
having previously fled for ether tract,
Of land. -
The cash entry OF Minick was held
for cancellation, because the landl
inclsded therein were It the date d
his ssGtlss,snt and entry insladed
within the corporate limits Of the city
The hlings Of Calvert vas held fol
cancsllstien, bscauss he had abandoned
his residence o. the la.d psios - th<
pesaaee Of the eet Of Novembes -,
1873, BY which the land wss sxcludel
from the corporate limits OF the city
snd had not lived thereon since that
date. and st the date ef trial his house
wss not hsbitabls.
-Yoa rejected the claim Of the North.
ern Pacific Railroad Company te the
lands in ssctioas 3 aud Q, becsuss said
lands were covered By the donation
claim Of u. s. Maynard and wife at the
date Of withdrawal for railroad purposea
and we're therefore sxcspted from the
operstion of the erapt; basing yoa,
opinioo upoa the Aeeision Of the
Supreme Court Of the United States
in thd ease Ct Nsvhall VI Sanger q
Otto. ISL. ~-A :. --sAs
The application Of Valentine to locate
his scrip upon the lands in section
vas rejected becauss said tracts were
located within the incorporated limit,
OF the city st the da'e Of said applics
tion. .sf
Tho application I Valentine to locate
scrip z. SOL. on lot 5. section 8. wa
4rapted for tho reason that the land W..
found TO 10 without the corporate Inn
its of the city and wholly unoccupied
and uuappropriated.
There 10 NO ssros is your deeisiou
rejeoting the clsin Of the Norshees
Paci6o Railrosa Company TO the odd
sections Of land. 81 8 bS1s
The application Of the city Of Seattle
to enter the lands IN question va,
properly seiected. Under the towl
site laws, town may be located
entirely upon the public lands or partly
upon the public lan.ls and partly upon
private lands. bat in case the inhsbi.
tests Of the town rssids spoa the
privsts lands. they cannot be considered
- ocsupssts Of The public lands for tbl
purpose Of supplying the rumbsr ol
necessary 70 authorize On
entry Of the public lands.
In such ca.ss the right Of town to
make an entry must b computed upon
the hasis Of the number Of occupants ol
the public lands, and the number ol
occupants Of the private lands cannot
b considered. Every legal subdivision
OF shs pablis lands applied for sesd NOT
- actually occupied. but there must
be 'sumcieut number Of inhabitanta
upon some part Of the public lands to
suthosixe an entry Of the lands fos
town puspssee. The evt1esee IN this
CO sbews tAst the data Of thie applt
cation there were not 70 sxcsed six
persons residing upop the lands spplisd
fR. asd thees sWes 10 error 81 youz
dscision rejecting the sama.
II - claimed BY counsel for the pre-
smptoss:
/. That the evidence fails 70 establish
The fact that the city oe Seattle was ever
legally incospesa1ed, bss does establish
The ooatTasy.
Z. That the aets q leoo and 1915.
ineoepesating ehe city. have bssn DE-
cidsd . = isvslid b he District
Cosst q ssia 10sifesy. 4 the eaee Of
ths City q osa1ale " 7. L. Yeelas. end
that tA1s 6ect1oo = laal an1 cooelasive
except b eeaFt hayiag appsllats jur.
isdieeiou = The samo Quooeaoa and case.
:. That The rights Of The pre- ompeion
elsiuaaes had 6eson1 'vssesd peioe to
ths rsiseoepoeaGiea q Ne city by The
aet q 1875, and repeal Of tie ct oi
incorporation of l0oo.
1. That thselainsef ~ pes-emp4sra
ass eoo1sned v ssele9 8 ofae - Of
Coa1ss1s eppesvsd 16Ee6U 1871. On.
titled ''An act respecting ths limits Of
foe toVn oitoo opon the
nuhlio 6omain.~ 10 0fntntoR n. 4o9. \