The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1892-09-08

SIS, 600 In surveys and preliminary work,
No shown In the testimony Of Walter N.
Granger. This sum was credited to the
company merged, 10 consideration Of the
options and valuable rights acquired
through Il. The Northern PaCi6c, Yak
lima 4 Kittitas Irrigation company was
Organized In Tacoma, Pierre county,
WASH, on May Is. 1890. ItS term Is for
ilfty yeaFs. The fact that the irrigation
company operated through some Of itS
reservoirs and proposed lines In the
county Of KittitaS, led 70 another change
Of its name, 70 include the name Of Kitti-
tas. This was done on the 18th day Of
August, 1890. The corporation now ex-
iSting 10 known a. the Northern Pacific,
Yakima 4 KIttitas Irrigation company.
Il Succeeds 70 al the rights, properties
and options Of the Northern Pacific 4
Yakima Irrigation company with the
Northern Pacific Railroad company.
2d-Ths promoters Of the Northern Pa.
ci6c 4 Yakima Irrigation company were
Walter N. Granger, Albert KleinSchmidt,
J. B. Mcintyre and Paul SchulEe. Its
trustess-AIbert KleinSchmidt, Walter N.
Granger. J. B. MrlntyFe, VIM. Ker, Wal
ter 0akeS, George P. Eaton and Paul
Schulze. ItS OIficeFA-Paul Schul1e, pres
ident; VIM. Ker, vice president; E. N.
Costello, secretary; J. A. Baker, auditor,
and Walter N. Granger, general agent.
The incorpoFatoES Of the Northern Pacific,
Yakima d Kittitas Irrigation company
are VIM. Ker, Paul schulES, Walter N.
Granger and Walter OAkeS. Its direct.
Ors-K lsinschmidt, Granger, Ksr, OakeS
and SchulEe. The stockholders Of the
Northern Pacific 4 Yakima Irritation
company were Walter N. Granger, Albert
KIelnschmidt, J. B. Mcintyre and Paul
schulEe. The Stockholders Of the pres
ent company are Paul SchulIe, George
Ker, Walter N. Granger, Albert Klein
schmidt, Walter 0Akes, E. n. Costello.
George 8. Baxter, trustee for Northern
Pacific railroad company. Robert Dale
Hill and William Ham Hall. But one
Of the parties named-excePtinR BAXTER.
tFustee-haS any relations, a. shown,
with the NotheFn Pacific Railroad COM
pany. This is Paul schulEe, general
land agent for the Northern Pacific Rail.
road company at Tacoma.
3d-The contract for the sale Of the
land is In the shape Of an option given 10
the Northern Pacific. Yakima 4 KittitAS
Irrigation company above named on the
18th day Of April, 1890, by resolution Of
the board Of directors Of the Northern
Pacific Railroad company at the Office Of
the company In New York. This resolu.
ton is recorded In the books Of the COM
pany. It Is proper to state, in this con-
nection, that there had been an option
on the land since the formation Of the
Yakima Land and Irrigation company,
which had been renewed from time TO
time and to which the latter company
succeeded.
4th-The consideration agreed to DO
paid was tl.26 per acre and the construc-
ton Of . canal which should be sufficient
to iTTisate all lands lying under the line
to be completed In sections, the lands to
10 conveyed Is completed, BY sections.
On the 18th day Of January, 1893, 200
acres were conveyed BY deed, In accord
ance with the above conditions.
5th-Thore are no settlers on the land.
Two Of the applicants, George W. Rod
man and Frank Rodman, have improve
ments 10 the amount Of go each, con.
sisting Of q house on each claim and
some clearing. The testimony. uncOn-
tEadicted. shows no other improvements.
6th-As to the relative value Of the
lands proposed 10 Be surrendered and
those taken In lieu. the testimony 10 not
such a. 10 make . distinction possible;
they are, without irrigation, alike value
lens. A to the good faith Of the parties
10 interest, Il may be SAid that there iS
nowhere bad faith shown. The appli.
cants to 6le were warranted in making
their applications BY the publication Of =
notice opening up the land t0entTy, and
such notice was the result Of the railroad
company's error In neglScting to take
into consideration the lands Il had op-
toned away 10 the irrigation company
when It elected which sections It would
retain % lie moiety, which error was
afterwards corrected. The irrigation
company's good faith appears In the
statement Of its manager and secretary
that there has been already expended by
Il the sum Of t3Oy00O. The original
granting Of an option on the lands, BY
the directors Of the Northern Pacific Rail-
road company, and the subsequent Fsso-
lutions agreeing 10 sell and stipulating
quotations eli seem to us such transac-
tons as would b binding in court, and
such a. could DO eniorced - against the
railroad company BY the irrigation COM
pAny on proof Of the performance Of its
part Of the contract.
These 6ndinRs. takes with the showing
In the various exhibits Of the SUGGESTIONS
from company 10 company Of all rights,
properties and liabilities, lead TO the con-
cIusion that the Northern Pacific Rail.
road company has the right TO elect 10
retain the lands In controversy and sur.
rendering lands In lieu, % provided BY
the act Of September 90. 1890.
L. 8. HowLETT, Register.
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