The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-11-08
UNCLE SANS BOUNTY.
Minors Can Prove Up on Port
Angeles Lots
OPINION or THE U. s.ArToRnEy


A step Of the utmost importance 10 set
tiers on Port Angeles lots who are under
ese. and 20 persons who Intend to bid On
lots At tbs public sale. was taken By Regis
ter O'Toole Of the local land ONCE yestsr-
day, By the advice Of United States Dis
tyict Attorney Bunker. 10 was the max
ing Of ruling that final proofs Of settlers
On the Port Angeles townslte, male or
semale, under the age Of n years, shall b
accepted, but shall not be acted upon M
tll . decision on the question involved
SHALL be fecsived from the commissioner
Of the general land Office. The circum-
stsnees leading to tbs decision are Is fol-
iows:
The act Of congress allowing the pur-
chase OF lots In the townsits by actual SCI
tiers says that any person who shall have
complied with the provisions Of the act
and made required proof to the local Land
Office shall be entitled 10 purchase the lot
upon which he or she shall have settled
and on one additional lot upon which he
Or she has made valuable improvements.
CAPT. o'Tools says that about one-third Of
the lots In the townsite hare been settied
upon By young persons under the age OF
u, who have been led 70 do 80 By advice Of
older persons and by the indefinite Ian
euage Of the Law. Most, IL not all of these
young people. are also earning their own
livIngs. AT frat the captain vas of tho
opinion that their entries would have to
be cancelled. and was about 20 order their
proofs rejected, but he reconsidered upon
thinking OF the hardship to be inflicted.
and asked United States District Attorney
Erinker for an opinion. The captains re-
t&at Een q THaf hssf ha frsfs
handed him BY Mr.. Brinker 10 written
and Is as follows:
Reply TO your inquiry as TO who are
included within the meaning Of the word
person In the act of congress allowing
the purchase OF additional lots in the
townsite Of Port Angeles tz7 Stat. g59) /
will say that am of the opinion that 10
includes ell persons who are capable Of
masking and maintaining . residence and
WHISTLER they be male or female, adults or
minors. In the absence OF . statutory
definition or limitation other than that
found In section Of the revised statutes
I'D. 1871 of the word under consideration
can see no good reason for limiting that
word TO such persons only as are In law
capable of contracting, L. O.. adults.
"There IL no contractual relation I'M
tended Ia be established between the pro-
posed purchaser and the government, out
Of which questions Of the power OF the
purchaser 20 bind himself or herself may
arise, but the sole purpose of congress
seems to have been TO bestow q
bounty, or quasi bounty, upon
the purchaser, and I can imagine
no good reason why the recipient of
bounty should possess the legal qualitica-
fions of q person capable OF contracting.
a minor may take and hold property bv
purchase. devise or descent from natural
person. There seems 10 be no good reason
why he may not take from the govern
ment."
Backed up by the foregoing opinion the
register will now receive the final proofs
OF minors, bat he yesterday wrote letter
20 the commissioner of the general land
Office. stating fully the facts and clrcum-
stances OF the case and strongly recon-
mending that the opinion of Mr.. Brinker
be approved. Register 0'Toole thinks
that the commissioner will approve il, but
the question 10 ons which has several
etdaS