The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-01-30

for cultivation Not that this will be its con-
dition at some remote period in the future. Not
that it would be impsaetleaols. 70 cultivate SAID
clearing off the trees and stumps. Following
the rule laid down by the supreme court Supra
IN constituting the WORD "yalnaols IN the mn
entryman is TO submit the proof that the land
applied for is chiefly vsluable Tor its timber at
the date Of entry. II il Is valuable at all Tor
timber it is unnecessary to say it could not at
the same time be arabic.
It appears from the evidence in this case
that al the land IN question vas not only highly
entry. This was satisfactorily shown at the
time by the entrymen and shown with greater
emphasis At the hearing, as the value OF the n
poses had not appreeiably changed. 1t follows
that the adoption of the rule above Indicated
namely, that the relative values must be deter
OF entry, would sustain the entries involved IN
this case.
While this seems to be the correct course 10
take, in view of the lawand facts, IN this case,
yet, since such action would seemingly be de-
Walton from departmental rulings, ii is deemed
proper to consider the testimony relative 70
what the character OF the land would be after
the removal of the timber No practical test
having been made on any of the So bdiyisions III
question no positive proof was available on this
point. 1t appears from the testimony on both
sides that the surface of the country covered by
these entries is exceedingly broken. They lie
near the Samish river, and aside from the Inn
tied portions adjacent to said river, are uplands,
more or less hiiiy. Numerous ravines and small
mountain streams render much of the surface
equally abrupt in their slope towards
the Samish river. While these peculiari-
ties in the lay of the isnd are described
by ali the witnesses, they do not agree IN their
judgment on the quality OF the soil.
Having already referred TO the testimony of
the government witnesses concerning the fitness
OF such lands for agricultural purposes, after the
removal of the timber, it remains TO notice the
statements of the witnesses for the transferees
on this subject
Many of the latter witnesses were old residents
Of the county in which these lanes are situated,
and testified generally as 10 similar lands in
that part of the state. and particularly TO all
the tracts in question. Among them were the
surveyor and assessor of the county. The
former gave it as his opinion that if all the land
on each side OF said twelve entries was cleared
and made ready fer cultivation no practical
farmer would be willing TO pay any rental Tor
the Use of it; that when the trees ana brush
have been cut off ana burned, nothing but
Hfeless heap of gravel remains; that this is true
of the bottom lands as well as the uplands, and
that the latter are entirely worthless except for
their timber; that small portions OF the Mcbride
and Rogers entries were bottom lands which,
after being properly drained, might be ut for
cultivation. he did not agree with some
OF the other witnesses Of the defense that one
forty tract in the Rogers entry was devoid OF
valuable timber. He estimated the timber on
this tract at $4,000 feet. 1t is furthermore
stated by this and other witnesses that many
similar lands in Western Washington had been
taken by settlers who had abandoned them, for
the reason they could not make living upon
them that the productive soil on these lands is
composed entirely OF the leaf mould which
would be destroyed by the fires required in the
process of clearing off the trees and under
growth and that the subsoii consists OF sand and
gravel.
John Carr. who had resided twenty four years
in the county in which said lands are situated,
had seen many attempts made to cultivate such
lands but never with any success. 1.-THE seed
planted started and grew until it was out of the
ground and, after that, it would stand there and
form a little spindliHg plant. Potatoes that
We're planted made little potatoes, two or three
III u hin, about the size of birds eggs, small
marbles onions about the same proportion, car
rots two or three inches long when they were
perfected" And that, in his opinion, any at
tempt to cultivate the lands in question, outside
the bottom, would not produce enough TO pay
for the seed; that several years ago he
entered q presumption claim in that
county, upon high land, the soil
OF which is superior to that en-
braced IN the entries now in dispute: that the
body OF high land, including his claim, con-
tains about 5000 acres, all OF which wss taken
UP by settlers; that after they proved up and got
their certificates, only about one-fifteenth OF
them continued so reside thereon; that there is
not now to exceed fifty acres of il in cultivation
and some OF il is merely for building purposes
adjoining the marshes.
Other witnesses Tor the trdnsferees were
equally positive that the lands in question are
entirely worthless for agricultural purposes. In
their estimates OF the timber they considered
almost exclusively the hr trees and they agreed
that these trees usually grow upon hiliy and
stony land. This is also true of cedar trees
found in great numbers on this land, and seemed
TO rank next in value to the ir. These facts are,
apparently, well known and may be said 10
illustrate the reason and purpose of the timber
law. The most valuable timber being found on
the poorest land. the inference is that the law
contemplated just such land in using the words
chiefly valuable for timber but unit for Guilt
vation."
In deciding in favor of the legality of these
entries IL is not necessary TO accept literally
true the statement that said land are absolutely
sterile and worthless. 1t is not disputed that
they valuable for their timber. 1t is only
necessary, therefore, To find that their soil, or
rather their lack OF soil, would make their Guilt
walton unremuDerative. The testimony of the
prosecution on this point was not based ON ac-
tual knowledge or long experience with lands
OF ike conditions. 1t is entirely theoretical,
and fails TO show single instance where sim
liar lands had been successfully cultivated ON
the other hand. the proof is conclusive that all
such attempts had resulted in failures These
statements covered period of twenty years,
and applied to the uplands OF that portion of
the state.
If any considerable portion of these entries
were bottom land more difficult question
would arise, since the evidence is not clear as to
the character OF the bottom lands along the
Samish river. The weight OF the evidence is to
the effect that they might be profitaby cult
waited after being reclaimed. They are swampy
and marshy, and would have to be drained at
considerable expense, after the removal of the
timber, before being mt for cultivation. They
have soil of more or less fertility, but in order
10 make il available, clearing would have 10 be
followed up by ditehing Ii such bottom lands
are valuable for timber and unfit for cult
yation' as they are Represented to be;
previous for ditching. they would apparently
come within the description Of lands Subject to
entry under the act OF June 5, ISIS. However,
this IS quite an unimportaDt matter in this case,
since only two or three OF the forty eight sub
divisions III controversy ere thus situated. ana
they are in separate entries They are timber
lands and have been paid for as such, and are
not likely to be demanded by an actual settler,
as each OF said forties would require a distinct
entry. In view OF these facts il IS not deemed
advisable to except sgid bottom lands from the
general decision IN favor Of the legality OF said
entries.
am strongly impressed with the thought that
in adopting me phrase, .but unfit for cuitiva-
Dor and expenditure and within the means usu-
ally possessed by the men who go 10 the public
domain TO locate homesteads. Lands which re-
qulre xlUU ana upwards per acre 10 clear of the
timber and lit them Tor agricultural uses arc not
the kind OF lands wbich the average homesteader
can afford 70 settle upon. Such lands are en-
ureiy beyond his reach, aud we cannot presume
that congress, in the disposal of these lands, in
tended that an Unreasonable rule should he
adopted therefor. The man OF wealth would
not settle on pubic land unless il
il were suitable for the raising OF
some product ofspeculiar value. He would not
20 ont upon the borders OF our civilization to
make d homestead upon land which would in
voive an unusually large outlay, and require so
much to prepare il Tor cultivation, when il
would only produce crops OF limited quantities
anu of uncertain value.
CAPITAL is proverbialIy too cautious 10 seek
such modes OF investment. The ordinary set
tier could not do II because Il lie beyond his
reach. We have no evidence that homesteader
has completed lis homestead claim III such a
case.
II is well settled by departmental rulings that
the law permits the claimant to cut and remove
the timber growing or being upon the actual
tract he is preparing 10 cultivate ana IL IL clear
ing said tract, or parcel Of land, there Is found