Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1886-05-16

fornsf et4n n4ke f11 raergsaaiatiaa
GOOD II ha knaa IS to ta false.
Ioes4ltfish j.. Il 3 rtoesz1Py 50 shou
not s1l1 e6e facf e 3 n1isIepfs
az 4ll&era. hul asen thai = vas ma
teTisI 60 he interests 81 The party and
acfnally nisIed him. BieeloH On Il
tanqzz. B. ST.
All sbs following elements must Be-
prgsenl - nv lran1aeli11 ia order g
create a. esloppei b. cnnaaals
I. alisr1H % concealment
q material facts.
= representation mast haga beer
made With knowlodEe 81 ths fnots.
5. Ehs partF claiming the easoppel
must have been ignorant 81 the fact.
~ Too mlsrtbEesentaii1n must have
been made wan intank thai the olhaz
party shcoId acf opon Il
& TIE party claiming nI1st have been
Induced % ael upon il. BesloW on Is
TOPPED. ?. ts7.
H6ac1, IS general rule. fraud d ne
cesaaFy 80 the exieeemoe 81 an es1oppel
b eeadnct gBiReloW on Esssppel, ?.
467
IN general, where there 4 nothing 20
show f5aG 4 ferEcsenfafiou vas intended
70 BE- acted upa1 ~ 3 slat4men& % the
tFulh. o. that if vas lantanonnt % 8
prouise OF aQreeDe1i, amounting - 80
undertaking. 10 respond In ease Of its
falsity, ths party is nos eslopped.
And uuies such q raisfepresentatio
il N fact exclusively acted upon, 50 that
the positisa q ths paxtY Is changed as
% his material interests. there can be
no esseppea.
Nov. thsrs vas absolutely 10 misrep-
reaonfallon Whatever % any fact, ma
terial or immateFial. On lhe part 81 the
United States; there vas 10 intention
% have che company do or omit TO do
anything whatever On account 81 anF
Representations. false o. fruef there vas
no action Whatsoever b the company In.
dnced b. o. founded upon any sach rep
reservations; and tho eompany has never
IN any respect changed its position to
pxei1dice.
N1i enc Of the prerequisites Of an e..
tsppei By cunduct il 60 Be found in the
eaflEe transaation.
What vas there IL the transaction
amounting 20 q fraud upon the company
or promise amounting 10 a. un6eriak-
ing 10 make COED any representation
What has the company done 30 change
~ pasilionf How has u been preiu-
otooof
One general rule can te dsdnoed from
all the authorities. VIZ. that unless one
party 70 ths transaction intends TO make
some representation or extend some e.
suEanoe and the other party 70 she trans
aotion 90 understands. accepts and acta,
80 his preiudice. theR there IL no satop-
pei. Your eammitt0e are entirely salts
fed that in this transaction no snoh n.
tention e. waving the hFeaoh 81 eondi-
ti0n existed IN the mind Of Congress;
that no such UNDERSTANDING Of the pusi-
ton Of Ooagress was entertained b the
company, and that. instead Of doing
anything 10 their pEeiadies in oonse
quenoa Of such pr0ceedlnRs, the oem-
pany obtained eeW privileges and rights
of great value. Under the very act
which they say estopa the United States
they lost nothing; did no act Ii conse-
quenoe that preiudieed them in the
least; and, on the other hand, scored
the right Of way across the reservation.
Il IL thus clear that. treated even from
lhe standpoint Of an esioppel, thore
vas 10 waiver Of the breach Of con
dition.
To conclude, we refer to he following
| principles and authorities showing that
mere indulgence or silenea cannot Be
construed into q waiver o. hreaoh Of
condition. lGray -. Blanchard, 3 Pick
ing, 28i, 292; Washhufn, section IS. }
Laches cannot be imputed - the Gov
eminent OF its officers, q Otto, $50 and
especially = IN a representative govern
ment. where the people do not and can
not act IN body, where their power is
delegated to others. and most Be exer-
oised. II a all Is Otto, go; 20 SANE
effect see 3 Wheaton, 40; II Wheatun,
l84; 4 McLean, 567; 5 Mclean, 1873;
Peters. 818; 8 Wallace, 269-27l; Otto,
3l6)