Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1885-08-14

atA-.s 122 e0poote4 an eiabnFat I,
GlRest OF tue legal pviaeiples involved
Lns e,noiudtaR paragraphs vkirh sm
10y s1e Assistant seerstsry's spinioc
As the order Of Commissioned Haryi
son OF the Hth Of March, ls85. e0Ia,g
ING tne iIEati, was wrong. then ths ords,
o. sinmisssoner Sparks Of the IIth =,
Apfh. lse5 regokinR THAI wrongful ora,
vas rlRnti the only question then ths.
was 20 De determined being. @Waa -.
order OF the 20th Of March eTroasoas =
IL 10 concluded that the basis AZ ths
ofoef was exrooeoaa in that instead AZ
ssAlnR me general coarse Of the las.
ssetl1n OF . miles a. required by tne
ssstuts, the whole length Of $50 mile
ifom spokane Falls il taken Arb;trzriIy
a. We general course Of the linz -
Ries. Jus ~
ihe order was erroneous ia that while
u isft 70 the railroad on the west siae OF
soc hue OF the roAd the fall beuefs Of
tos HINT, a. hx-d on tue l6.n Of August.
lncl. u gave II on the east side Ala. s5. I,
w arres OF additional land.
Ine order vas erroneous Ia that Il
mace the southern terminal limit
tnfoagh the terminals At WalIula a
broken instead Of Q straight line. and
inciaded IN the RraHs 5000 acres
more land than would have been In
clnded by Q straight lips.
The order vas srroasoas in that the
petitioners st whose instance the change
vas made, were not authorized 70 rsure-
sent the railroad, aud that it was made
without sufficient parties on record To
lastify the action OF the Commissioner.
The fact that the alleged settlers bought
from the railroad company thai which
did not belong 20 the railway company.
eot was the property OF the Cavern
naent, would not furnish subssantial
equity which the Commissioners Of the
Land Once should have recognized. Il
was not shown that the officers of tia
land ofnce authorized TO represent tbs
Government did any act or neglected
any duty, BY which the settlers we're
nisled- A recognition Of the doctrine
mat purchase from one who had no
title would establish an equity against
the real owner voald be subversiFe of
ALI principles. think therefore that
Toe position OF the appellant 10 unten-
able.
Secretary Lamsr's order, based upon
he decision, b a. follows:
Upon confederation the errors as
signed az ground for appeal are over
ruled. and the order Of Commissioners
Sparks of the Iith of April, 1885, is
afhsmsd. On application Of the proper
party ths subieos Of readiusting the
limit according 10 the principles above
Indicated, might with pFopriesy be CON-
No Fees.
WAsHNoTos, Aug. l3.--The Attorney
General has decided that pension agents
Ire not entitled to fees for paying pen
non attorneys their dues. A law passed
ass winter q tx the compensation of
pension attorneys repeals she law pre-
1iously in force which allows them q
'ee Of 90 cents in each case.
PhAiias Beaten By wilkes.
PHnLADELPHIA, Aug. l3.-Abont 5000
scope visited Belmont park today, TO
EltHess the match trotting race between
]. /. Cases brown stallion Pnallas, and
Francis bay gsiding Harry Wilkes, for
! special purse of 5000, of which $1,000
vas 70 the eecoRd horse. best 3 In 8
Keats. Paalias was driven by Bither,
while Frank Van Ness held the reins
war Wilkes. The track was In perfeot
rider. Betting was brisk. PnalIas ruI-
ne big favorite before the start at 100
10 d, and the same odds on the stallion
we're forthcoming 10 any amount, even
lfter the flrst heat had fallen TO wilkes.
rhe race was eventually won by Wilkes,
rho took the flrst, second aud fourth
asats, the details of which are as follows:
First heas--After three false starts in
which Wilkes broke Just before reach
NO the wire, fair start was effected.
Wilkes securing half length lead be.
lore the quarter was reached and hold
she stretch, where PhalIas left his feet,
md tue geldinR VOC by swo open lengths
a PIG.
second hsas-The word ego" was
liven at the second trial and Wilkes
,roke badly before hs was a dozen
ards past the wire, Phaiias having six
engths the best OF 10 At the quarter and
lnlosg as much at the half. As the
AIR approached the u post Wilkes
rent up with Surprising ease, PhaIlas
oEninR back - II anchored. land on the |
urn into the stretch the Reldiug went
y aim like streak. holding his lead tn |
be wire. where he was two lengths |
head In 80.
Third wilkes having won the |
10 preceding heats with apparent ease,
be betting Was completely changed, |
nd after being sold 500 TO $50 in bis |
avor, the odds increased aa high as |
Ills 10 $50. They we're sent away az |
he s8coad trial. Wilkes breaking so |
sdly in the first 100 yards. that he lost |
n chance, and was q distance behind |
I the half. At tbs three quarter Phai- |
10 made q momentary break and |
Vilkes shut up fraction Of the gap, |
ut although he trotted very stronR and |
.eady in the stretch, Phallas got the |
erdict by dozen lengths, amid great
time, 2:2lk.
Fourth heat-Pools nov averaged |
5 &C. IS In favor of Wilkes. and the /
ayers of odds we're rewarded by seeing |
heir choice win handily by 10 lengths,
fteg being apparently beaten at the
alf usile. PnallRs broke badly Just
efore reaching the threeQuarter, and
1ilkes going up passed him on the turn |
,ts the stretch. Bithers seeing that /
'halias was beaten, pulled him up In
be Last 100 yards; time, PISA.
besigns en- the Nerthers Paeine.
NEw YoRx, Aag. Officials of both
10 Northern Pacific and the Chicago,
.ock Island and Pacific deny this
reperts from Chicago that
Dntrciling iateFest 10 the former
pad bad bees secured by the latter.
ccona Vice President James b. VIII
ams, Of the Northern Pacific. said, in
ssponse 10 an inquiry:
II don't cars 10 say anything about 10
ne WAY OF the other
Being asked 10 affirm o. deny Il. be
aid:
II gappass ws would know II Q puf-
hase OF that hind had taken place. My
npression 10 THAI the story 10 made ost
whole elssh." Il
A prominent Wall street railroad
IAN said, This report has created in
slisa sxcitenent in railroad circles, but
10 mos generally credited. ! think u
aUs than probable that the Grand
rank 10 trying 10 set control Of the
.aefAarn paaif4N a a aoFt 81 o0dnt0F