Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1885-03-13
DAILY POST-IATELLIGEkCER
. .geussex on Eeeal nTEKEsT.


more than ordinary local interest. The
tiecisisn 10 question vas rendered IN toe
case Of the Kansas Pacific kziifna5
Company, plaintiifs Ia error. sRainss
Lewis Dunmeyer, In sErgs, iroED tesa ga
prsne Coart Of Kansas. Plsinly stated
the points in shs sase we're a. fo2iJ~si
A piece Of land 8Dbraesd within tie
gran. 10 the Uniozl Pscihs Railway and
its branches, wa flsd spsn undef tie
homestead lAw By one Miles, 90 Jaiy
n. Iess. PROF 70 this time, Ja!y IL,
fs6S, the company bad fled IN tbs Gen
eral Land Ofise a map designating the
general route Of the road; snd s1fSse-
aueutly. septeubar il, 1879. n fled >
map showing The line Of definite ioes~
sion of the eomtany's road. Miller
subsequently abaiidosed his claim TO
ths land, and IL Waa taken ny by one
Dunlaeyer. The ,sompany Afterwards
claimed the land, and the claim was re-
sisted. Two points we're thus raised;
hrss, whether MiIhsF's ding was invalid
on account Of hsving beeo subsequent
to the fling Of tht map Of general 10
catloE; and, ssconti, WHISTLER, II AlIies's
hiinR we're valid. the land became the
property Of tbs cssnpsny on his ahan-
d0nsnent of his claim. Of reverted 10 IA 9
Government and became subj 81 10 pre-
emption or homestead entry. The Dis
stsiop Of the eoart % both points is ad-
yerDe 10 tbs company, ths main points
being as follows;
Pfrst--That nudar this grant, a. un-
der many other grants containing the
same words, or woris 70 the came par
port, the act fixing the time for detini1e
ioeaeion ia the act OF hling a map or
olaf Of the line Ia The Office OF the Goa
sniss,onsF OF the General Land UGhee.
feeoud-Thst tbs language IN the ex
oeptinR clanss Of this grant - not neii-
asd or repealed by section 81 tbs
amending act OF lea.
Third-rhat the designation Of the
general route of the Eosd and ding Of
the map thersof 10 the General Land
Okioa July II, 1865. did not withdraw
tho land from Homestead entry under
tbs statutes by virtue Of which the COO
pany CLAIMS 10.
Fourih--That the line Of definite 10
cation of the oompany's road was hfst
fled with the Commissioned Of the Gen
erai Land Office sspt, q, 1866.
Fifth that the homestead claim OF
Miller bad attacheii prior 10 that tiInsi
and
Eixih-That when Miller subsequently,
abandoned his entry the land aid not
revert 20 tha faiirsta company Is II
originally granted to Ii. bot remained
part Of tbs public domain. Judgment
Of the snpre ne ConFt Of Kansas il
affirmed.
That Ia, lands included IN a grams 81
a railroad oapRos 10 considered az with
drawn from ssttlsiHent until the fling
OF map showing the lins OF dshnite
location OF the read, and lands claimed
prior TO saea ding, the claims TO Shieh
are aftsrward abandoned, feyert 20 tie
Government and DO not in any event
beecms the pEoparsy Of she raiirsad
company.
Tho importance Of this decision. in
iis local application, becomes evident
when II h remembered that tbs snap
showing the line OF deeiuite location of
the Cascade branch Of the Northern
Pacific Railroad vas not fled until
March 26. 1854, all claim 20 the lands
prior 20 thai tune icing based upon the
ding Of maps designating she general
route Of the road. Many claims under
the homestead OF pra-emption laws
we're filed upsn lands ia King. Yakima
and other eounlies-now claimed by the
railroad compaay--prio to March Is,
1854. Some Of tasse claims are still
held, and are undoubtedly valid. Othsrs
may have bssn abandoned subsequent
20 March 26sh last. Lands. apon sloh
abandonment. would Fsvert TO tbs Gov
eram,snt, and would nov be liable TO
entry under the homestead OF pre-
empsson laws.
Another question is raised by this de-
c.sion- Many parsona have bought
from the railroad company lands cos
tanned In tbs Caieaae Branch grant
II nos seems that che company had no
legal right 70 dispose Of these lands
prior TO March ID. 1854, and thoss who
boaRht and paid tor land before shat
data shoald. according 10 this decision.
be able TO iile apsn their land as Gov.
srnmsnt land. and 10 recover from the
company the amount paid.
While there are snany points OF STINT
larity between The status Of the Union
aud Northern Pacific grants, on ons
poias there In = vast difference. whils
the map showing the line OF definits
location Is tho foFuaer case was promps.
~ nlsd. thai dusy ia the eass Of tbs
Northern Pasifie was delayed fer almost
twenty years. or from July. 1854. 20
Naroh. 1854 Ths company thus really
made no legal cl,,im 10 the land until
several years after The time dafing which
The grant might have been earned bad
expired. TIE validity Of claim made
SO taraiiy, IL woeli asom. wsaid be
rather diffisuls to defend before So
prema Court showing such tendency
10 do justice 10 abe people as 10 dis
played in this last aecisioa.
From anosher point Of view the de-
cssson Ia interesting. II marks the
growing spirit Of smparsiAIity anina
.iue The aecrSss Of the saprune CourG
Dassracsfal ~ the fact IL, IL Il never
tAeaesa true that IL YES far nAay Years
considered aselssss fSr case against
great eorrorassoa 10 be carried 10 that
ooart II seensd snpossiela for justice
70 BE- ehsAinaSi against the mAndass q
the inanopelssas and aaoney kinIss
Now. however, the rissrl. tide Of pope
lar raehss has peretrated even 30 the
chamber Of ths Supreme Court, enee
considered hieA ARd dry and far ss
moved from such Asod, II justice
hetweea aaAn and osFpoFatsoa san here
after b. obtained. IS justice between
man afass mas. a. Sac 49,. a.. -