The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-11-23
SCRIP MEN APPEAL
Can Valentine Filing Come
Within the City Limits7
THE Briefs FILED YESTERDAY
ssssa Appssranss whe Relieve Register
Reeds Deelssaa : Ranrifai ard wrens
Their Grsesanee. sea Rerta-

The valentine scrip fight has been re-
vised b. the fling Of several appeals against
The recent decision Of Register Reed ard
Receiver Ffayden. who rejected the applf-
cations 81 > nufnner of flines on the
grounds that the sections sought 70 be To-
Gated we're within the city limits ef Seattle,
and also os Tacoma and that The Land Was
consequently appropriated and not sublees
20 scrip location.
d. T. Hitchcock. 81 Washington City,
aue 0f the agf0rBsSa for the l0catcrs Of
Valentine scrip. Tiled seven appeais ard
briefs IL the land office yesterday IN the
following eases Tao Tor John Thomas.
and one each for William Knight, Albert
E Joab and William a. Eteruberg, who
sought TO locate scrip on Tacoma tide
lands, and for John Leasure and Jacob G.
Mann, who Eled upon the se&stle harhor
front.
FoiIowing is copy OF the brief and ar
Eumenf used IN presenting the above-men-
tioned appeeis:
As matter II fact, the city Of seatfle, Wash
tnKton territory. aeFex has ans does not noN,
In any esraegt essegt any rlzht 70 the lands ap-
piiea fer ssaeF ie tewuzIte az other public land
lava A ) matter az fact The land applied for
eorporsge authorities 20 any pubic use.
Certain individuals, acting for themselves
and not fer the pubic, have nled IN he local
ofsee protests - whicl. tksy set ap anaEspef OF
contradictory objections. They siiege that the
land applied for il within the corporate limits
Of the ely bar il Is mere assumption on the
part Of tie local afss1ers 20 decide a. a fact that
this or any oslser tract Of nusurfeyed slide
lands ID within he said corporate limits
Tee aets o. The territoHiai Legislature inecr-
porGiinR both the cities oi SEATTLE Tacoma
are Inconsistent in "a mselves IN defuing GER
tain natural aua artih la boundaries, and their
describing CERTAIN xectsons which are wholly or
In part outside Of sueh boundaries. and the
natural and Logical Rfxumens il taat only snisa
parts OF the sections stated bal been surveyed
By the government were intended to be iuciuded
IA the corporation. Illustrations of this fset are
numerous sud sill be further broa2 hf out In
tte more extended brief sesere the honorable
comfalsxiois4r.
The case Of L walwoTth. $40, cited By the
register aud receiver. Is not pertinent . this
issue. has was the case OF 4 pf4-emptor who
sought bF Teasan OF bis occupancy OF q toxin lot
In OmAha 80 apprspriste 10 himself as q pre-
enptor fh0 acres Of land inclH6ed In the cor
porate limits Of that town. The pre-empti0n
aet provided that ian1s Within such limits
should net he subject 70 presumption" The
pr efnptor Insisted that By the Lex slation tn
tofftkatt1E ufeE asa1 affcs IS ODAHA lily 4ac
q ie Of Nebraska had yaola5ed the compact I'M
der the enabling act aud ITS constitution not 20
pass any laws 70 interfere with the primary right
OF congress 70 dispose OF the public lands.
Bnt the deeisiou holds that the withdrawal Of
the land from presumption YVES the effect Of the
act ei congress. and not al the municipal thar
ter. thar there was no limit 20 the amount Of
land thai could be legally included I'd corporate
iimits OF eities--and the intsn ton Of congress
in Withdrawing zach lands from presumption
was that the government should have the bene-
&c OF the enhanced vaIne Of the lands
How nicely that decision supports the scrip
location.
Ia There ID no provision In the set granting
scrip 70 Valentine inhihlting It's location within
eoFparase limlss. Therefore n the legislature
should exact laws incorporating large tracts Of
pub land II would be interfering with the
right Of congress 10 dispose Of gwch lands II the
decision Of the register and receiver il correct.
90 The acs oT congress OF March s. 1877 re-
ssricted the amount OF land that could be re-
served from disposal BY an inclusion In copper
ate limits.
tej The government win secare the advan.
taxes resulting from enhsnced vaIaes by p-ox-
unity 20 . town Il tha location Of Valentine
scrip IL allowed. By euaeslng that this Grip
q onld be locstable on any of Its unoecupied
and unsppTepfixtsd public lands congress IN
tcnde thas the scrip should be very valuable
and by me absorption OF IL on this land the gov
eFnmsnt win reap the banehs OF the 'senhaneed"
value. The aselslon IN the Chicago ease does
nos support The theors 81 the local officers de
eis.on. This vii be apparent 90 the most car
sorry examination Of thar aeshorty-and we be.
heye thai the current of decisions tn al cases
except where the law contains sn express In
hibstien is i favor OF allowance OF location ON
ans Of Is public laads.
Further argument win be fled in the
general land office.