The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-01-04
A FORTUNE AT STAKE.
Hearing of Contest Over the
SineS Homestead.
QUARTER SECTION IN EVERETT.
Case demanded to Local Land once by
Secretary of the Interior for
More Evidence.

The celebrated land contest of Miss Viola
IT, Hanscom VS.. the heirs of George ".
sines, deceased, involving a homestead
claim OF about l10 acres. which now
forms part of tie town OF Everett and
valued at $1,000 per acre. came up for an
other hearing in the United States land
office yesterday. The case has quite 3
history.
On November 6. 1879. George W. Sines
filed his presumption deciaratory state
ment for the land in question. On April
is, 1sS2. he made homestead entry on it.
alleging settlement on April s, ISS2. On
February 10. 1857. without having made
final proof, Sines died. On June l. lsSs,
Viola Hanscom initiated Z contest, a.
leging that the entryman (Sines)
had wholly abandoned the tract:
that he had died without heirs
residing in the territory; that the heirs of
Sines had not since his death complied
with requirements of the law concerning
the cultivation and improvement of the
land, and that the entryman did not duly
improve the land in his life time
The hearing was had on December ..
1855, and the local officers, upon the ex
parte testimony, recommended the entry
the commissioner of the general land office
remanded the case for q general hearing
because no sufficient showing was made
by the contestant upon whom service by
publication was made. On December %.
1880, notice was directed to the heirs of
Sines alleging abandonment, and pubIica-
ton was made fixing the date for hearing
at March Is, 1891. On the day fixed for
fha haa L.
tinuance in order TO perfect service upon
other heirs. The local land Office over
ruled the motion, and motion of Fisher.
subsequent contestant, and proceeded
with the hearing.
On July -, 1891. before decision of the
local officers, counsel for the heirs of Sines
entered their appearance and fled a mo-
ton that proceedings of contest be stayed,
which was denied by the local officers.
who, on July "A, 1891, rendered as their
decision that the entry should be cam
celled and the preferred right of entry
should be awarded to the contestant. Hans
com. A motion was made by counsel for
the heirs to reopen the case, which
was refused, and an appeal from the de-
cislon of the local office was taken by
counsel for the Sines heirs. The matter
was heard before the commissioner of the
general land office on October 80, 1891, and
the decision of the local officers was re-
versed. In this decision the commits
sioners found that the entry should not be
contested upon any charge as to the fall
ure of the heirs to cultivate and improve
the land, and that the only charge that
could be considered was the failure of the
entryman to comply with the law rs 10
residence, cultivation and improvement.
From this decision attorneys for Miss
Hanscom took an appeal to the secretary
of the interior. which was considered on
July 8, 1892. Substantially the same rul-
ing was made as by the commissioner, ex-
cept that the case was remanded to the
local land Office with directions that q
further hearing between Miss Hans
comb and Sines heirs be had
to determine whether Sines had
fully complied with the requirements of
law as 10 settlement and residence in good
faith prior to his death for sufficient
time to entltle him to patent. This is
the only question which can enter into
the hearing begun yesterday.
The contestant offered six witnesses to
show that Siues had not complied with
the requirements in one detail or another,
although there was no attempt at gen.
eral denial of his residence there for some
period.
The respondents claim to have a crowd
of witnesses to prove that Slnes filled
every requirement.
Ostrander & Gregory and Carson 81
Adams appear for the contestants and \.
ID. Walling and 4. ". Frater for the Sines
heirs. with I. V. Eddy, of Everett, as