The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-07-27
PUBIC LAND DECISIONS
Judxe Hanford settles THREE In
portana Points.


S~ho0I In1d-1amh4xed xnf4e
special Agsns c. u ox6sa n TIE Lard
dsxsrxTaens = here fr0n wssAlnxs hok-
tag inso .hs ss4irs 81 me Cnfsess -sasss
Lard eseses Sc TITS district IN egsssr %
s.sassy them = his report - hzs obtained
frssza Tsdx@ EsnsDrt his dsczssans u three
Important easex IN which the oEeers 81
tbs xenersi isa1 ssslre are interested. Be
los vii fe given sgacr~es Ct HESS de-
eSsaors
exTrxn Stairs gs- X y. HAszgsss-
This ia case ~nsrsEa fne AeEcasaaaf wss
sssslefess foy ssiegssi suh0raation 81 perjury.
Tfe erssnss alleged consisted ir having Ea-
ssscef xaasker a. make false Esisfzsfss ssr
tae eEfry ~ the lnexi land oszses 81 timber
ard under ths AZ "a guae q. I-7s. The
lnsfsesyns az sssszs thai a sssseZseszf IA fkss
form yzsseasei ~ TIE cesns missioner 81 TIE
xsnefas lad cssee ExS sa&si@ and s1ssF1s -
~ fzss F-rrsnn whom the deteasisfsf = al.
isgs<s b. have szssHee6. A1szaf testified
hat ne hHss bees GA the land. TIE iz1ssss
II this stasnusxns l. alleged ia The s1ssils-s-
snenf - tsse effect thai azasns bad nos teen
sssE she land
Tfe ST providing Eor TIE sale 81 this
class Of sRsSa does MOI ia terms or By rss.
soAxble Inference or imp1taf2on restrict
sts h&sseffs 10 applicants who ssss f-ss-
s.saaA xr2Ggiessxe ~ 90 che ch2rae sf OF the
Land. sr reqsige then 20 SO Hpon the land
be52re making application for its Fsa1E.
ekSse, and me CON mlssS1ner Of TIE general
isEaf oftscs, BY prescribing = regulation
that The applicant shall ine3ufie IA the
statement tie fact OF bis having been upon
the land. thereby Requires something OF
the applicant in s1dition TO what e re-
qairs4 By the ses OF congress- Judge Han
tDr1 holds such = regulation 20 De nor
blazing tsez0ss IL j. h<s1nc tie t1@es OF
the eam isssonef OF tie general land Office
70 ksss@Fsa The statute. the al ttfEf having
In terms specified what The statement.
which the applicant is required 90 make.
should e9asain. therefore sny additional
matter required 10 be m ale by the gcgula-
s;og4s Of the COM missioner II not binding.
and IL not material part Of the state
nett Tie falsebooa in this state
tsfial. no Perjury OF snboraauoa
Of psTisry can fe founded upon IL under
either section :. ~ or 81 ri the United
states revised statutes The ease a. stated
IN the indictment does not come within
the terms of section Of toe act Of June q,
ISIS, ss the faisehood alleged Is not Ia any
Of the particulars In that section; hence
perjury eanno; DC assigned In the prosis-
lois II that section.
This 4 case In which the defendant
went on lands adjacent to the Seattle,
Lake Shore & Eastern railroad, and cut
timler for use in the construction % said
railroad the land upon which the timber
was cut being iB the mountains above the
-uoquasmie falls. The limb Was RATED
Ia the Snoq1sifnie river afs0ye the falls.
and sss afterwards taken 10 the defend
ants saxmill and sawed into bridge tim.
esrs. IL was claimed on behsi! Of the gov
erninent that part al che logs were esr into
boards aud were sold by the defendant "a
tifterert parties. to be nsed for purposes
other than the construction 81 TIE railroad
IL was also shown in the evidence that
some OF the kaw logs went adri.t IN freshes
aud went over the falls, 20 that they could
nos be recovered TO be used by the rail.
road company. and they were brought TO q
saHmili on Puget sound and sold.
| instructed the jury ia effect, that In or
der 20 eonyict the defendant, they should
be satisfied fysm the evidence, beyond rea.
sonsble doubt that the timber was cut on
lands of the United States with iB'ent 10
eTEHirf or dispose OF the same unlawful
<hat IL. ter purpose net authorized by law.
and that the taking of timber from
lands adjacent 10 a railroad. for use in Zoe
construction Of that road. II being q Sosd
having granted To II the right ofway
through the public lands of the United
states. and having complied with the FRO
visions OF law. IN not unlawful, bat such
taking OF timber for such purpose H. an-
thoiizei by au act Of congress; aud If the
jury believed that any tim Der shown hy the
evidence Ia have been taken by the de-
PENDANT from public lands OF the United
states vas taken for such use. that 10. IL the
defendant bad the intent a; the time tn So
use IL, and no other intent or purpose.
they coald not convict him, although IL
apiearsa thai ia cutting bridge timbers
some portion of the slabs which had TO be
cut of ia s4uatiug the timhers had been
converted into boards or scanilirg aud sold
, tor other purpos.s, aud al
timber bad. without the ianlt Of the de-
PENDANT, gone adrift and beyond the con.
tfoi Of the defendant ~ that the same
sui3 not he recovered for use In con
stnriins the railroad, and had bcen after
wards sold sor other purposes.
tNote-it was shown by the evidence,
and not opposed By counter testimony Of
Witnesses. that The only lam Der sold Icy The
defendant was made from slabs aud refuse
from logs which were cut into bridge TIM
beers aud the logs which, by going over the
falls, were not available for use in build
ing the railroad. IL was conceded By the
United states attorney shst the seattle.
Lake shore & Eastern Railroad Company.
by having complied with the laws of the
I niied states, Is q corporation entitled 10
take timber from lands ad tacaut to It's road
for use In the construction thereof.
TO cAscgL GExERAL ALGEK's TIMER CLAIMS
A contest has been hlcd by the United
States against Ex-Governor X. A. Alger. K
X. Hawley and : :. Bailey. In Issl e ;.
Bailey purchased twelve timber claims in
skas l, comfy. near Edison, from the par
ties who originally fled on them. Sub
seqaently Bailey sold the twelve claims To
Mes>rs. Aiser aud Hswiey The claims
have been held for cancellation on The re-
ports Of special agents of the land depart
meut, who have examined the land. they
hold that the land II ~ for cultivation and
is ues timber land. a. defined by the stat
ute. The ease will he ssnbborniy con
tested Elem Smith aud Jabobs & Jsuner
u 81 sppoaF for Hawiey aud Alger, ostran.
der & Gregory for Bailey, while the inter
ests ef the government Will he looked out
for by special Agent Thomas ogden II Is
expected that tise taking 81 testimony ga
The Ease VIII occupy 81 least three weeks
OF the attention OF Register Reed.