The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-04-25
THE DECISION GOOD.
Rejection Of Mckee Scrip Fill
ing is Upheld.
VALUABLE PROPERTY At STAKE.


The register and receiver of the United States
land office received decisicn from William
Stone commissioner of the general land ONCE
At Washington City, yesterday In which the
commissioner susfained the decision of the local
land Office by rejecting the application OF Evan
7. Warner to locate 1888 acres of Mckee scrip.
A technical description Of the situation of the
land sought to be located by the scrip Is given
below. An of the land lies in Elliott bay, por-
ton of 1t being covered by the Northern Pacific
depot and ofices
The decision il very important one. mas
much that property of great value Is involved.
and the decision is q final one.
The title OF the case Is aJames n. Colman,
Agnes Colman, Eliza J. Starr ct al, Va Evan T.
Warner" A full report of Commissioners stones
decision is here given:
81 have considered motion OF the defendant
in proper form and fled February Is, 1891, for
new trial and rehearing from the decision rem
dered by this Office, letter 16, January q, lS9l,
rejecting his application, fled October !, 1883, to
locate Mckee scrip Certificates No. ? A, No. 8 A
and No. b upon the following described tracts:
beginning at the government meander post
on the sixth standard parallel, 5a6.4s feet west
OF the northwest corner of section 6, township
"A north, range east, W. NJ, Washington, thence
west I73 % feet: thence south $50 feet; thence
east 1900 feet; thence north 800 feet: thence
north 80 deg 80 min, west 1850 feet; thence
north y deg, west $50 feet; thence west 1,S56.o6
feet; thence north 60 50 feet: thence north 5des,
east GA Sc feet to the place of beginning; being
IN the southeast quarter and southwest quarter,
northwest quarter of section S, and also in the
east hall, northeast quarter of section 6, town
snip "A, range east, and containing 76.3 acres;
falso the following lands: Beginning at the
government meander post ON the sixth standard
parallel, SO feet west of the northeast corner
OF section 81, township q, north of range east,
w. NJ, Washington; thence north 4 deg, west
1850 feet; thence 40 deg. 80 min. west, 1,94s.S6
feet; thence west 1S3 feet; thence south 46 deg,
As min, east 1880 feet; thence south % deg,
east Lois feet; thence east 500 feet, to
place OF beginning, containing q acres,
more or less; and the tract beginning at a
point $50 feet east and 1926 feet south of the
northwest corner of section 5, township "A,
north OF range east; thence north IS deg. 50
min. west $50 feet; thence north Il deg. SO
min. west 726 feet; thence north 50 deg 50 min
west sos feet: thence west 20 feet; thence south
1,S2O feet thence east $50 feet; thence north Is
feet to the place of beginning; containing six
teen acres. more or less, and situated in the
northeast quarter of the southwest quarter OF
section 5, township II north, rage east.
Seven applications OF errors, unsupported by
argument, are set forth in said motion a. fol-
lows:
"'First-That the commissioner in said decis-
ion erred to the prejudice of the said Warner in
holding that the lands upon which he had To-
cate0 Salo scrip were tide lands, and were not
vacant lands, within the meaning of the acts of
1853 and 1859 under which said scrip was is
sued.
" 'Second-He erred in holding that said
scrip could not be located upon Ian DIS which
had been reclaimed for the United States before
the said location.
"Third-He erred in holding that the lands in
controversy were tide lands of similar character
to those involved in the "Burns'' case, referred
to In the said letter. The protest of Colman,
Dearborn, Starr and Of /. A. Nadeau, general
manager of the Puget Sound Shore Railroad
Company, and each aud all of said protests and
dispositions, maps OF exhibits In this matter
show that the land in controversy, or at least
one-hah thereof, are now held, occupied and
used by said railroad company and other parties
for their own purpose as rights-of-way, depot
grounds, and without any authority of the
United states upon which buildings are erected
and streets laid out and are not within the nav
igable waters of Elliott bay aud have not been
within twenty years.
"sFourth-Said afiidavits, maps and protests
show that portion OF the land covered by said
scrip is without, and beyond the limits of, title
and back of the bluff line, which no tide can
reach, and has never been taken or attempted to
be taken, occupied or used under any authority
whatever from the government of the United
states, but is q part of its public domain