Fairhaven herald. [volume] (Fairhaven, Wash.) 1890-????, 1891-08-19
Filing GOVERNMENT LAND
Some Old Cases That Have
Been Pending For Years
Settled
The Homesteaders Win and
Have United States
Patents Issued
Land at Lake Whatcom Goes
To the Actual
Settler

81 have some news for YOU" said
c. S. Rice, who returned last evening
from the Skagt river, and was met by
a representative of the HERALD.
"YOu will remember the famous
'StimsOn-Park' land cases in this
county, which have been in litigation
before the land department and courts
for some years" Eyes" "Well, they
have come to an abrupt termination,
and in favor of the bona fide settlers.
The government has issued the
patents in spite OF the opinion Of
Judge Hanford, who lately decided a
technical point in the controversy in
favor OF the corporation. Some seven
years ago StimsOn hired a lot of men
to take up claims for him in the vicin-
ity of Lake Whatcom. There were
sixteen Of them, and included the best
timbered areas in the county. His
hired agents completed their residence
in due form, and after final proof,
turned the property over To their en-
plOyer, which operation becoming
known TO the agents Of the government
the locations were cancelled, and held
open to re-entry by the secretary Of
the interior. The claims were again
| filed upon by bona tide settlers, and
| though StimsOn has ever since been
trying TO regain possession Of the land
through the land Office and courts, the
government has issued the patents To
the present holders of the claims,
which will put a stop TO further liti-
CATION, so far as they are concerned.
"SOme Of these claims have also
been filed upon both as timber claims
and hOmesteads," continued he, "and
one Of the most serious dilliCultitics
which the settler upon public lands Of
this state has to contend with, is gov
ernment encouragement Of litigation
as seen in the numerous contests 10
determine the character Of many
claims that have been filed upon in this
part Of the state during the past few
Years. The land laws of the United
States do not seem TO be at all adapted
to the exigencies OF this country, anC
the result Of land contests, in many
cases, is a legaliZed Appropriation O
land for which there is no warrant il
Justice and equity. No good reason
can be given for allowing two filing
on the same piece OF land, or for am
. litigation whatever, TO determine
whether a parcel Of government lanC
is subject to entry as timber or agri
cultural land. Why might not TIN
government determine and fix, with
out appeal, the character Of the liant
preyiOus to entry as well as after thou
, sand Of dollars have been spent by riya
claimants in litigation on their Ow
account. When the land is suryeye
and thrown open for entry, IL nigh
be definitely assigned TO its prOpe
place in the catalogue Of government
holdings. Instead Of that, il is hel
g subject to litigation, to be handed owe
to the successful litigant-generall
the one with the strongest pull.
And the process Of securing bit {
. government land has grown TO be a
farcical as it is expensive. A case /
point. and one Of many similar case
in this county awaiting the action {
the department, will Illustrate. O
4. the first day of April, 1889, tract {
valuable land in this county wa
thrown open for entry. A large nun
Der of men were on hand at the OpeI
ing Of the land Office at Seattle. TT
first TO file upon the most desirable
the claims was timber claiman
He had taken advantage OF his hOm
stead rights, and could not therefor
file anything else. A fe
minutes afterward man tilC
- a homestead on the same piece OF Ian
, The land is clearly with
: the meaning Of the law d
~ fining what is agricultural land I
all the same the timber claimant il
augurated a contest which has alreaC
caused each claimant an expense
several thousand dollars, and is now
y the hands OF the commissioner Of d
land office awaiting his decision. III
case goes before the higher officers
the land department on the eviden
OF taken before stenOgrapher at Seatt
hg so that after all the expense a
nd trouble there is no surety that {
nv final decision will accurately determi
m. the character Of the land. 1t is an I
ly. fortunate condition Of things, and
miscarriage Of justice that is being V
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