The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-01-30
II Is TIMBER LAND.
The Decision i'm the Celebrated
Alger Contest.
NOT FITTED FOR AGRICULTURE.
Acting Commissioner Stone Says That
Fir and Cedar DO Not Grow Upon
Good Soii-The Opinion.


sro hss been received at the local land office.
The opinien is as follows:
DEPARTMENT OF THE INTERIOR.
GENERAL LAND OFFICE
WASHINGTON CITY, d. G., Jan. 70. issLs
Tha United States VS.. Stephen s. Bailey Rayaud
Hawley and Russell A. Alger, transferees
Timber land entries 1858, 7,l04, $3.50. 6qSs.
kas, 6.s75, 800, 1871, 7,0S1, 6,eS7, 6.ss9 and
register and Receiver, Seattle, wash.-Gentle
IN. BY letter OF September 10, 1890, you trans
risted to this office the record in the above en-
si 4 sppears therefrom that said entries were
made rs follows:
he Heury Mcbride made T. L E. No 1868 July &.
1855. for lots . and and swl< neJ4 and sw1x sea
william Gilmore made 7. 1. No 5.1D4 Nav
lsss, for lot 4, So nw14 and nw14 sw14 sec /, tp
FSxiu L. chaIeraft made T. l. e. No. $3.50
March IL 1885, for the swjz selz, eI5 swlx and
srI{ sEIz sec ], tp IS n,r5e.
Henri f. Stanley made T. L. E. No 6.a75
March q, 1855 for the elz nelz and Ell se1<, sec
Edward crone made T. l. E. No. 6.ess March
u iss. for So ne14, selz nws4 and nwl4 sel<, see
Henry Brandon made t. l. f. No 1886 March
Il, ISIS for the nj nelz and ma nw14, sec L, tp
Winfeld S. Wilson made T. L E. No. 1899
Wsrne Il. Hoicomb made t. l. E. No. 7.071
April IS 1855, for the nel4 swIz, wiz swI@ and
MI nwiz, see II, tp SO n, &c.
Henry ny & Hockey made I. L E. No. 7,osi April
ST. 1885, for the SCI swl4 of sec u, and the nwIx
mel and MI nwiz, sec l3, tp 36n r3e.
john l. Branden made T. l. Z. No 6,9S7 March
r. ISL for the e]5 sel and sw1 selz, sec Il, and
nell neiz, sec L. tp 81 n, rSe.
William l. Rogers made T. l. E. No. $3.50
March 81, 1883, for lots and 5. and e1S of swl4
John l. Leslie made T L E No 1924 July 10.
lss. for the nei+ nw14, via ne14 and nw14 sea
zee Is tp 3n,r4e.
made the lands therein described were trans
fered TO stephen $ Bailey, one Of the defend
ants herein and that December %, 1857, the said
hy warranty deed 10 Russell A Alger and Ra-
ysud K. Hawley, The present transferees.
In July, 1888, Special Agent j. VI. Carson made
report 70 this Office recommending the cancel
istion OF all OF said entries, on the grounds, I'd
that they were fraudulently made, and f21 that
The lands embraced therein were agricultural in
character and not subject TO entry under the act
Of June 3, 1873
whereupon this Office held said entries for cam
collation. and ordered that the parties in interest
b notified OF such action, informed OF the
charges against said entries and advised that
they would be allowed sixty days in which TO
srrly for hearing concerning said charges.
Within the sixty days allowed, 10 wit: October
2, less. the said defendants appeared at your
Office, by their attorneys, and moved that all
proceedings against said entries be dismissed:
that the same be reinstated and passed TO
that the land department has no jurisdiction
over cash entry after the issuance and delivery
10 the entryman of the receivers receipt, and
that rs such receipt was given in each of said
fases, the officers of said department had no
power or authority to investigate the charges
made By said special agent At the same time
said attorneys filed an application for hearing
on the merits, in all of said cases, expressly re-
serving ell rights under said motion TO dismiss.
By letter of October n, ISSS, you transmitted
to this Office the said motion and application
November Is, 1855, this office denied the mo-
ton TO dismiss said proceedings and ordered
that hearing be had as asked by said defend
snis IN said cases. In pursuance thereof YOU
notified said parties to appear at your Office
August q, 1859, and furnish testimony concern
Ing the allegations contained in the said
IA place ssss spscia ep Agent I orden
l appeared Tor the United States, and the trans
l ieyees appeared by their attorneys. It was
fhereupon stipulated that all of said cases be
consolidated Under one heading and tried and
considered as one case The taking of testimony
was then proceeded with and continued from
Gay % day until November 80, 1889, when it was
finished ana submitted to you.
After considering the testimony and the
questions OF law involved in the case,
you, rendered disagreeing decisions as
10 the main, as To what action should
] be taken on said entries. The register recon-
mended their cancellation, with the exception
o. The swl4 swi4, the selz swl4 and nelz sw14 In
sid entry 6939: the e,s seil Ia entry 6y75: the
nw1t nwiz in entry 6,9Ss; the swI4 nwI4 and
/ wsswl4 In entry 1911; the nwl4 nel< and NJ.
nv4 in entry 1851: the So swl@ and the nelt
nes in entry 6.g37, while the receiver held that
i aio said entries should be held intact and pat
ents Issued thereon.
\ The government introduced nine witnesses
the hearing, who were examined at
Il great length relative TO the cherec-
Of the various tracts and suodi-
VISIONS embraced in said entries. A cor.
1 responding number were introduced on behalf OF
eeenoants, and as most OF the witnesses on both
i nces were examined and cross-examined con
a ee'ning each forty acre tract, the testimony is,
necessarily very voiuminous- Ii may also be
SAID that in many essential particulars il is
eonlrsdietory and entirely irreconeilabie.
Az the witnesses on behalf OF the I nlted
Mates testify to substantially the same fact, give
voc same opinions concerning the qualities,
shetons and values of the various tracts OF
nna II, oueStioD and the quantity and quality
/ s g ~ lumber theron. The witnesses Ter INC oe-
ehdants are likewise harmonious, among them
Elves, IN what they state relative TO said lands.
ssney are equally prositive and minute In their
Inscription Of the qualities and topography OF
eseh and all the tracts IN dispute and assert
l superior knowledge OF the timber thereon by
l ssssou OF their experience in estimating stand
Al Mg lumber, As the testimony OF the latter Is at
v sa1laheS with aud, IL many respects. IN direct
N setisulttion 10 that given by the witnesses Gu
vi sn%i o. The government il IS difficult task
ascertain what the real facts are
4 however, before considering the evidence in
/ Msll which relates mainly 70 the character OF
az iand, it Is proper 10 dispose OF, "a the ques
eon q jurisdiction urged on the part of the de
tase ana, t2l the charge OF fraud made by the
seeisl agent against the entrymen, in that the
/ ssnees were made at the instance and in the IN
w.est OF parties other than the entrymen. IL
s.aer one OF these contentious be well founded,
/ - Examination Of the testimony would be nee
/ 49, sincs the character OF the land, covered
~ sna entries, would not be maierfal ques-
/ It's observed that the attorneys for the de-
sa.eantS IN their brief. insist ON the soundDess
We doctrine embodied in their motion 70 dis
| as We proceedings, above mentioned, namely,
1 s1sa he land department had no jurisdiction
1 -. ss. Cash entry, after the Issuance and dely-
/ nc the entryman of the receivers receipt
- proposition was also discussed az some
So So IA your separate opinions, the register
i living aud the receiver affirming its correct
49, But Tor the prominence thus given 20 u,
n s Wis ease, il would not ROW be noticed, mas
/ 49, n the question raised IS no longer de-
@saole enc. Ia fact il l. res adjudiodta This
l 49, PISSED on this question November Is, lhso,
49, was then raised by the attorneys
go the rule 10 be wei settled that
Ia land department hss jurisdiction
| saao eases prior 10 issuance OF patent and
| 49, - cancel sn entry even after certificate and
l aMslR have been issued The motion OF said
/ esness 10 dismiss this contest on the ground
i 1ea-lurlSdlcnon over the entries in question
II Ia ~ eosfoinsly denied, II neeI oniy PC said
81 - ~ departure from this rulc has since been
III Ass TIE courts or the department. white on
VI q .ner hand n has been repeatedly Te~afnFnieG
e. e. once and the honorable secretary. by
- el&tion OF cash entries uPon sufficient
e. ~ tFNuu or i3cgalIty without regard 70 the
est she land had been transferred %
,,s@ who had no actual notice of the ceiecL
Ik,sas bne. This point IL. therefore, not HeA
Is aao Is accordingly oyerguled
iass - ea@rssd by SpeCisl Agent Carson end
la ~ TIE hearing by special Agent Ogden
Ia.s saea OF the timber entries involved IN THIS
6ik,.ssAs made ia the interest and Tor the
|It h. Vi soluc party other than the entry man
Flksss : a.. alse-.tiou ol fraud, sud Il sustained
l.h 3 ieetce, would be iatal 10 said entries
V&tss..ot salo Cutymeu before purchasing the