Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1885-10-24
uNRER sTEALUC.
sss Northern Pacific aaiirssA
rs.paay asd Its Asents have
..nAsd the CsvernDent.

-. ye.thern Paeise naiiresA
ss.paay aad ITS Asests ha'e
essbea the Gsversnens.
-, ths sdjoarnmsns Of Coart ct
80. CITY, last week, Information
80 ". Il. White. unissd States
s..,so,Ina Attorney, thss one l. s.
ss,,. Ia cat on the unsarvsyed pas-
:. nnds Of the United stssss. and
s.,,,.,,d 70 the Northern Paesao Ran-
- a large quantity of cordsood.
=, WHIT Of once instituted proceed
-. s.fOrs the Cnised States Commis-
-. and she following facts were
s..aopsd by ineontrovertibls proof:
r., ISliie and the Northern Pacific
p.s,o.d Coxppany had entered into q
s.-s,..t hy which Lille bad agreed 70
ss-r;sh the K ,iiroad Company Q large
I.srtltv OF o1rdwood for locomotive
-. shst daring last SIMMER in pnrsu-
80 al this contract L llie vent To the
s.sSvaters of IietsD creek, which flows
- N.tohsss river. and there caused 70
~ - an The bank Of the creek, bot q
- distanes tack, aud running up
NJ crsek from FIVE 20 seven miles. on
sosuryeyed pablo lands OF the United
800. (sboat forty miles west OF the
s.molssed portion of the Cascade
Hxnchl, on the east side Of the
.ssoniaius, $50 cords Of wood. After
a. wood vas cut and piled along the
hsnk OF the creek, an engineer In the
sunloy Of the Northern Pacific Railroad
Compspy vs it ont, measured the wood.
"a sdysnced 20 Lillie, on bis contract,
g oepts ger cord. After this
= vood was thrown into the creek and
soated down 10 about two miles west OF
Korth fakima, where the railroad
sreass the Nafehess river. 1t was there
ssksn cot by Lille and bis mez, and
hsulsd 10 North Yakima, sawed into
Iooouosive lengths for fuel. corded mp
"a roeeived by the NortberB Pacific
Rsilroad Company, they agreeing to
psy Lille therefor at the rate OF ~ 30
AZ cord. Is was e.so shown that Lille
"a gotten out 15.000 railroad ties,
vhich sers sold by him tn Nelson Ben
pets, and tnat these lies now lie near
Norsh YAKIMA. IL was further shown
AL in the simmer of 1884. under q
emjlsf csntract with the railroat com
psny. the farther quantity Of 900 cords
q wood vas delivered by Lille 20 toe
ailroad company. and that at that time
h had also gotten out. at the same
plsss, 1900 fence posts, which he sold
. psopis In the county. The value OF
u eocd 10 the railroad oompspy at
North Yakima, vas about $4,000, the
yaias OF the ties abeot 5000, and of
u fsnce posts $1,000.
Tbs rule Of Law. fixing the amount
~ Government 10 entitled to recover
h caSss OF trt spass on public lands, n
ssssblished By she Supreme Csurt OF the
Unitsd 6sstse in the osss Of the Wooden
ware Company vs.. the United States, as
ssporssd 10 i06, United States Rsports,
paQs AZ, Ia a. follows: Where the de-
hadAns b q knowing and wiiful tres
Damsr. the full value Of the property At
the time OF commencing suit. With no
6o6actioo foT iaoef and expenses Of the
defendant; and where the defendant 10
parohases, without notice Of wroag
from wilfui tresp ,sser. the value at the
time Of such pusehaas."
The Supreme Court IN this case says;
"1o establish any other principle would
be very disastrous TO the interests OF the
puhlie, In the immense fors-t lauds Of
tho Government. IL has long been q
meter Of complaint that the depreda-
t1ous upon ths 81 iands are rapidly de
etfsyinR the finest forests Ia the world.
Unlike the Individual owner, Who, by
fpaeiDR and vlRiians attention can pre-
~ his valuable trees, the Government
~ no adequate oefense against this
peat evil. It's libcrality In allowing
ns0 10 BE- cof on its tands for mining,
agricultural aud other specified uses.
~ been ussd 20 screen the lawless
1rpredstor, who destroys and sells for
yseft. To bold that When the 0oveFu-
usat finds its own property In hands
bat oss remove from the wiiful tres
Dassef, and asserts It's right TO such
property by the slow processes Of the
nv, the holder can set up claim for
the value which has been added to the
property by the guilty party iu the act
Of eating down the trees and removing
he timber. is 10 give encouragement
md reward 10 the wrong doer, by pro
vidtna safe market for what be has
uolsn, and compensation for the labor
b has ben compolled 10 do 10 make his
tesfs s3eosual and profitable"
u ~ shown 10 ths investigation OF
Lila hat the scarf Of the tice and the
Res tops and branches were left lying
uapalsd on the ground. and that the
hfss being thu fed swept ever the for
sss an1 burned up aid destroyed the
snal1os timber lsft standing by the tres.
pn1ega thua effeosually destroy ing large
be1los II valuable timber land.
II whole facts In the case have besu
mDos>ed BY MIR. white 10 the Solicitor
q ~ Treasury, under the rules OF the
RoQass0eut OF Justice. and in all prob
eo1lity that Department will order suit
seuekhs against the railroad company.
l6f11e and Bennett for ths full value OF
~ hardwood and iics 81 North Yskima.
We are informed that Oummisaionsr
ugaEhA Of the General L and Offise. on
the &th Of August gave construction
- TIE various railroad land essn's thst
y % evsnt were they alloved 70 take
amoes from the public lands for foei.
aad eeAs Tor the purpose Of coustruc
noa w Were allowed - take material
nv edjaopnt 10 the lise, and that they
- noe autheriz q 20 20 In advance OF
- ~ and remove timber eves FOR
WoSreoetou pnrposos, and THAI the
nalfoaa company only have the right
= taks from hnds adjacent 10 their
- and that the grant 20 the oosn-
" voald not project other perssns
- efsepass aud ssli the product Of
- tnopaaa 10 the railroad company.
y ~ Lillie Investigation the defeRd-
- held 10 answer for . criminal
1eeo of the lav, at the next term
q ~ Distries Oours 10 be held q YAK.
n b Nay. 1855.
I'm INV DnnrroxY.-O. n. Mcrssas