Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1883-10-20
LAND CASES REOPENED.
a Decislon Tor the Northern Pacific

A Decision for the Northern Pacific.
WARRINGTON, Got. 3.--Secretary Teller
has notified the Commissioner of the
General Land Office that his decisions
IN the Pressey and Hollon Parker cases.
involving disputes with the Northern
Pacific Railroad, had been reversed.
In the first he holds that:
The proofs show that George w. Pres
sey settled upon the land in question
parts Of sections IA and "a, Yakima
May Il, 1873, and made improvements
worth some 500. The lands were then
surveyed, and, until after survey, Pres
Soy did not seem 70 be aware that any
part Ut his settlement was upon an odd
section, and Il was evidently not his in
tenti0n 10 make settlement upon one.
He applied to make homestead entry
January 30, 1882, but the Register and
Receiver rejected IL as to the part on
the odd section, because IL was within
the limits Of the withdrawal for the
companies, made August Is, 1873. On
November u, 1876, the company made
application to amend its line and filed
new map. Secretary Chandler APP
proved the amended map, but, on
motion 70 reconsider, the matter Was re-
ferred TO the commissioner for re-
port, which was made June Is, 1877;
bat. on Got. 10, 1877, Secretary Schurz
reviewed the whole subject, and de-
Cliued 10 disturb the action of his pre-
dece9sor, and action waa again sus-
pended BY direction Of the assistantAt.
t0Fney General. In 1879 the company
0led still another map. showing route
quito different from that represented
By the map Of 1876. The route desig.
mated by the last map greatly shortened
the line, making, with the exception of
fev miles, q new location. This last
map was returned bv Secretary Schurz,
approved, june IL, 1879, and the land
directed Withdrawn along the new
line. Attention was called to the fact
that the company had relinquished, by
letter Of il attorney, all claims to lands
Withdrawn under the first map. Score
tary 6churz provided, 10 approving the
amended line, that the rights Of settlers
upon the land Included within the lin
its Of the withdrawal to be made under
she amended route must be protected,
II settlement and entries DO made be-
fore receipt Of notice Of withdrawal at
the local oflice. Il il evident, Secretary
Tellog eHys, that the sections of land
Withdrawn In 1873, made by Schurx In
1879, vas not broader than the Gem
pAny'e rolinQuishment, and that the
lands which were common 70 both
maps we're not restored. The settle
ment and application 10 enter were
made long after the notice af the with
drAWal which followed the map of 1879,
and received q the local ONCE. II van
Pron1yS misfortune that his settlement
wan made In part upon an odd section,
but q Il not IN the power of the de-
partment 10 relieve him from the con.
sequences Of his mistake. The de-
ciaiOn Of Commissioner Mcfarland.
permitting Pressey 10 make homestead
entry, - therefore reversed.
THE sncoND CASE.
Daniel Hayes W. Hollon Parker and
The Northern Pacific Railroad Company.
involving the ssk and the ex oil the
swk Of see 3, and tie NJ Of the usI
and the ~ of the nssk Of ESQ n. in
the WallA WallA land district, Washing
ton. came on appeal By Parker from the
Commtsuiouef'a decision. holdino his
private cash entry for cancellation. The
tracts aro within the limits Of the grant
Of July :, 1854. 10 the company, The
lands lying vesk az the Columbia River.
being Withdrawn September 70. 1870
and ihoee on the east November u, 1870
Tho TRACTS In contention lie ON the east
Of the river, and until the receipt Of this
notice the local ofncorn continued 10
dtapooo oe the lands Ia both odd ana |
even oootious On this side. The entry |
Ut Parker Wan made October lC.. ls76.
8 the rate Of ll.8 per acre. Secretary |
Teller holds that:
Tia lard of30s errexl in tindinv shas |