The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-07-20
Important Ruling i'm Regard to
Timher-Land Claims.


t2ssfss we've II Proper tGrri- III NAs 2ta1ttc1
yesterday thai thers was disYoss ton on
tbs pxrs Of the general land Office 70 med
lfy the decision male IN the asey fzcu-
t5pred eases. In order 10 learn ihe true
. iawarssncss af the situation Register Reed
/ VA seeft- and be gave the following eS
PLANTATION 0E tho existing sstusfton - isr
a. the etspxe mentioned timber Land en-
tries are concerned:
PREMATURE PrBfIcArIaS ef NOTICE
The commissioner OF the general land
osfiee has SEM letter 20 Register Reed and
RccsfTer Hayden InSsracti0g them 70
make list 1T all the tssn n~r land sPplica-
f3ens IN the Office on which proof h4s been
made and which are pending before them.
aE8 TO make lisi OF ali these timber land
Applications allsi ~ send them 80 him with
81 explanation shosiBg what action had
/ bean taken BIZ the land Office here ia the
premises: also To give the present Status OF
tcsse claims for spsflai consideration st
the hands of the sosaIa issioneF. The OBJ
ieet TIE com uissioGer has ia Obtaining
this data Is wifh yiew 81 extending some
relief 70 the parties NJ Interest The text
OF the letter sent Is a. follows:
GENERAL LAND OFFICE.
Washington. July IL, lsse.
Register and Receiver. seaftle--seNflc-
rsea. Referring 70 ny lefier 10 yen OF the
sxn OF Jane last, in reference 10 certain
Issnaing srpliea lots 90 enter under The
timber ana stone set of June, 3, lsss, in
~ hit b there has been some irfega]Araty in
the matter OF the publication of the no
tie, have Row 10 direct Yea promptly on
receipt hereof, make q fua report 20 in-
Glade \ LIST Df ali applications pending be-
fere you aud coming within T0e class dss
er7bed, showing what action has bean taken
therein on their present status. fer spa q Al
consideration thereof. with view 10 ex-
tending any possible relief 70 the parties,
8 . -. =
letyr of Jnne ., 1879, uGfsl further orders.
R<peesfaiiy, W. 81. STONE.
Aftif Z Commits aoner
4 Tie letter Of June 5. above referred 70,
is a. follows:
Iweald cali your attention to paragraph
10 .. lIe timber aud stone cireu.ar, dated
MAY II, ISL which provides that The
published notice required by the Third sex
ton vi the set must state the time and
place when aHd name the officer before
whom the party intends 10 offer proof.
which must De after tAe expiration OF the
sixty days of publication, and before
Hi8s ty DAYS from tn date of the published
notice. Where proof IN Lot made before
the expiration o. the said ue'y days the
register ana receiver wlil cancel the fling
/ upon their records and notify this Office
according Is prescribed by Instructions OF
circular OF May 1, ISIS. ECopp's Land
Owner. vol. :. p. b2ll You will observe
( that 30 notice of fnal proof can be pub
I iIsned more than ninety days before the
taking ~ the final proof. Ia al eases
where final proof notice is uow being
published. and The Gas SO for taking
/ the proof is more than ninety days after
the date 81 publication. you will discon-
( iiuue such pablicalio S and when the final
proof y takea j. must be preceded by no.
fiee duly published tn accordance with
said paragraph ten. All notices pFema.
tGreiy pub isacd VIII he totally ciSre-
carried, and Whenever proof IS taken in
such eases sou mus proceed in the same
manner as you would in eases where 40
publication had been made, under the
timber aud stone circular
In aSes where your predecessor the
registerl has authorized the premature
{ publication 81 notice, the party cisimantS
II innocent of any coiias ON with him,
may resort 10 the local courts for redress
/ Tor whatever damage may accrue TO them
by reason Of the ezra ~ pense OF puhlica-
{ ION. as agaiEs, said H. gis'er. OF this.
I however, they should seek advice OF local
counsel. Respectfully,
wM. NJ. STONE.
How TIRE TROUBLE AROSE.
The difficulty above referred 20
first arose about these tim
Der claims under the circular
OF instructions issued by the general land
Office ou May u. lSs7. when the timber
at " ~ aAeA hH7-tS y ttttDAaE III iuEEtGt~
ton was issued requiring proof ou timber
Claims To be made within ninety days OF
the date OF the application. This action
was taken because the attention of the de.
pariment had been called "a the fact that
parties would apply 20 purchase timber
claims. Then they would cut off the tim
Der and never complete the proof or buy
the land. In this way the government
vas driFandsd 20 a large extent
Under tie FIRST circular, timber lard
proofs might be taken before auy ofiiesF In
tae land district authorized 10 administer
aaths.
ON May Il, lsS1, Commissioner SHARKS
issued new circular of instruction 70 reg
listers aud receivers of land Offices requir-
iug proofs 10 be made within ninety DAYS
Of the ia ef the published notice. a
notice that i 20 De published is aiWaFS
issued from the land Office al the time the
application to purchase the land Is made,
aud the difficulty seems 10 have been IN
the construction of she language OF the
circular where the words date OF pub
+ iished notice occur. Whether means
TIE date on which the notice was issued
from ne lead Office or Whether on the
dsie CT ihe first apr arartce of the a1Yvr-
ttsetnent IN the newspaper, seems Ia hsVe
been ihe question.
About yeaT since the land Office Of
+ this district WAS unsble 10 take proofs on
+ tsInbeF land applications within ninety
days from tue date 9t the published notice.
an1 acting guder what wss supposed 10
f be the II spcUtor al the general Land
Office aud The instructions sent by bin. the
( FesiSter Issued the notices ting the proof
on timber laud apple ailous fs,r hearing at
{ 'rota six months 20 y year from the time Of
+ publication.
when This nsttrr was brought 10 the at.
ient!on 0f the III paflmeut the commits.
s5ooer sent the letter Of jane : is~8. given
above 90 the land offlce ia this ciEy.
Upon tile FopTcse ntaiion of ertat mum
Der of those who have proofs pending.
"a nich come under tise inhibition Of that
letter, the commissioner OF the general
I sand osflce - euaesyorInn to hnd
SOME nleaas 20 relieve the cialm-
ants ffgsA The awkward Pc it3cn
ia which they hnd themselves placed
through Ia iaH.t "a Their oNg1a The com
missioner Of fhs general land Office wi.l ia
his wisdom Doubtless ind some speedy
sad equitable relief fog those y ho arr In 80
peculiar = rTsglicAment
Register kets9 iR conclusion satd thas he
F leit satlst54sl thaf a08eof The fimtsHF claims
above meusioaed woai8 b. eancclesi
Al PRuvEpgNcs H0spgrAL--There are
aiae eases Of sphosa fever 8; Providence
hospital a. pre- nf, aud the num1er viii
incrcase during the next tso months IRA
paTc water a3sd beat tend 20 develop this
GISessss IL . also noticeable thas nam
tsr ~ pfra&1s contract ts4e disease n yhfss
fielRt'ies wAere there are deer excav0-
t3eD~ sslch - ara made g.. tae opening -
streets, 1H TbgrS8as evening 1bsrlf-s
Davis CNsk. sEVzf s. died ~ 1he HOSPITAL
tTeA tte effect 1T typhoid fever uAFfs
Wa adaz}fIes3 20 the hospital "a few rHvs