The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-12-28
THE SCRIP FILING.
Attorney Gale Satisfied That the
Protesfants Will Win.
4 DECISION N TWENTY DAYS.
II Tide Land BE Held Subject TO scrip
Kasry, tas Cases Gene te she Local
once for n Hearing.

John r. Gale returned to the city yester-
day morning from Washington City. geav-
ing there December ~ lie was ssen during
the day By , reporter and questioned with
rsspees to the argument In the Valentine
scrip cases before the secretary OF the M
terror on December n Mr.. Gale said:
soon after nay arrival IN Washington
City. appeared before the interior depart
ment and argned the question a. 10
whether the various pfofest4nts we're not
entitled 20 hearings htfore the local land
Office. for the purpose OF showing the de-
lenses 81 occupation, appropriation aud
ctr limits. This was an en- parte hearing,
granted me By Commissioner Gr0d. at
the conclusion of the argument vas as
sured that every possible opportunity
would he afforded the proteStanfs in these
cases 70 show any defense within their
power
''That order was held in eheyarce. on
account Of the fact that had filed with the
secretary Of the interior a petition for a
writ OF ceFtiorari, asking that all these
cases be certified up under the supervisory
power Of tie department, il being evident
that If the decision Of Secretary Noble be IN
cur favor 30 hearings would be necessary
=
Secretary Noble a. fe whether the writs
should be issued Al the conclusion of the
arguments Il was ordered that 81 the scrip
filings be certified mp or rather held in
aheyance until Acting Secretary stones
decision had been reviewed. Commits
sioner Grof thereupol ordered all scrip
fling proceedings to be held in abeyanee
until Secretary Noble had rendered his de-
cisiun under the certiorari proceedings.
.'The exact status Of the scrip matter is
therefore this: All scrip filings and the
law bearing on the same we're argued on
December IA before Secretary Noble. The
arguments we're based on an ex parte show
ing OF fact made By the scrip filings. The
result Of the decision will be that IL it
should he held that tide lands are not sub
ject 60 entry with Valentine or other scrip,
the protestants win In all cases. and the
fieTs have no power OF appeal. Should
the decision be that tide lands in the state
Of nature are public lands. subject 50 entry
with these sczips, then all cases will be sent
back 70 the Seattle land Office for fun
hearing and investigation, and npon the
facts shown at snch hearing the cases wiz
again return 10 the interior department in
Washington City for another argument.
I'm regard to the hearing OF December
II. the scrip Giers were represented by
Brown Baer, VI. n. Hitchcock, Judge
Mcpherson. s. W. Bradford. Mr.. Thomp-
son II. T. Laggart and Mr.. Smith. The pro-
testznts were represented by myself, Phil
lips. Lamar & Zacry and Attorney-General
w. C. Jones. The entire aay was devoted
20 arguments and every opportunity was
offered by the department for the careful
and thorough presentation of the case.
The decision was reserved.
AT the request Of the attorneys for the
scrip lileEs. 20 which no objection was Of
tered, fifteen days were allowed them to
hle additional briefs.
.sin consideration Of the large interests
involved the consideration of these cases
was advanced to the head OF the docket
and will be the first cases considered after
December 30, when the time allowed for
additional briefs expires.
Regarding the probable decision / feel
much encouraged, owing 70 the fact that
every requisition made by Inc on behalf of
the protestants has been granted, and
feel thoroughly convinced that Secretary
Noble realizes that We have the law, equity
ana previous procedure of the department
entirely with US
After listening 80 the arguments ! feel
very sangaine of success. and the fact that
one can never be positive where a matter
rests entirely upon the decision of any one
man Is the only thing that throws the
slightest doubt into my mind as TO what
the final outcome will be.
II expect the decision VIII be rendered
la about sodays."
gentleman discussing the probable de-
cisiop on the scrip cases said yesterday
that there was one peculiar feature OF the
whole business that led him TO believe that
the scrip iliers would not win. This was
that the parties who sold the scrip which
had bern plastered over something like
S. 800 GO Of the property along the Seattle
harbor front had failed to use il them
selves upon this valuable property, bnt had
sold the scrip 10 buyers at prof; Of from
ST. 20 800 and lei tho latter tie It,
The original owners coald have bad lit
lie faith in the investment. he said. ''and
this Is earroborated By the fact that they
havs INSIDE few Il any applications to locate
the scrip around Seattle
Rs.asss. -. - f...... So.