The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-04-28
LAND CASE DECISION.
Important Ruling by the Cen
eral Land Office.
MINISTER STEVENS RESIGNS.
May Bs Succeeded BY Conmissieaer
Blount-Tho Geld Crisis Passod-
Extra Session In septembss.

Judge Chandler, first assistant secretary
OF the interior department, has rendered .
decision In the case of Thomas s. Costello
vs. Daniel Mcdonald, in which . former
decision OF the general land commissioner
is affirmed. There 10 important and valu.
able land in controversy and the contest
II over the southeast quarter OF section IS.
township SO north, range 6 east, in the
Seattle, WASH, district. Judge Chandler
says:
The tract actually In controversy 70 the west
half OF the said quarter-ssction. Costello
Claimed the right of buying IL under the timber
and stone act and Mcdonald claimed it - part
OF his presumption, upon which he offered ANAL
proof Mcdonald settled on the southeast quarter
OF section s., prior to the time whom Costello ap.
piled to purchase under the timber and stone
act OF June 8. 1873 TO Stat, ss. the west half OF
the southeast quarter, together with the west
half OF the northeast quarter Of this section.
That judgment il found to contain q satisfactory
statement Of the facts established by
the evidence submitted by the parties
at the trial. and it will therefore not
be necessary to reiterate them here.
1t IL suicient to state that the real question at
issue IL not whether the land 10 more valuable
for timber than for agricultural purposes, be-
cause land chiefly valuable for timber may DO
acquired under the homestead law and might
have been acquired under the presumption law
prior to its repeal Mcdonald, having initiated
claim to this tract under the presumption law
BY settlement prior to the fling OF Costello's ap-
plication, is entitled 10 the land If he made q
bona fde settlement and has complied with the
law In good faith. Has he shown his good faith
in the fling, residence and Improvement In
determining this question many things are to
be considered, and 1t Is held that where valu.
able timber is sought to be acquired under the
tn la~ hA mt IN thA N1Ai eoli al
upon to show his good faith will be
closely scrutinized. Even when this rule
is applied l cannot find in the record
sufticient evidence to Justify judgment for
feiting MeDonad's claim. The register and re-
ceiver aud the attorneys who fled the brief in
this case have referred to the case Of Wilkes VA
Johnson as being q similar case, but there are
certain acquired distinctions between the two
cases. and since am satisfied that the land en-
braced In Mr.. Nc Donalds fling was properly
submitted to entry under the agricultural laws
as well an the timber land act, and since the in
ittaton 10 claimed prior to all others and he has
complied with the presumption law a. 1t stood
prior to its repeal and has acted in good faith.
your judgment accepting his proof and dis
missing the protest OF Costello must be affirmed.
The resignation Of Stevens, As United
States minister to Hawaii, has been on
file at the state department for some time.
Therefore the officials feel no surprise at
his expressed purpose of coming home
next month, especially as he has been
practically relieved of all diplomatic au-
thority and responsibility on the islands
since 1.-THE arrival there of Commissioner
Blount with plenary and discretionary
power paramount to that Of . minister on
all questions affecting tho present delicate
relations OF the two countries. Stevens
successor will be selected soon after the
president returns from Chicago, and Mr..
Blount 10 prominently mentioned for the
place.
The gold situation apparently grows
easier each day, and the furry of the past
week has entirely subsidized. New York
bankers called for a definite statement
from the administration, on tho ground
that it would settle the atmosphere, and
the statement Of President Cleveland
seems to have had that effect. The posi-
ton the New York bankers occupied is be-
ing severely criticised. The evident de-
sire of the South and West to assist the
treasury is in striking contrast with tho
position OF New York. which can fmmedi.
atey relieve the government, but refuses
to do so unless on terms advantageous to
its own pocketbook. The outcome of the
visit Of Carlisle to New York is awaited
with considerable interest. At the treas
ury department today everything is un-
usually quiet. the gold question having
lost the concern 1t occasioned. Small Of
fers Of gold continue to be made and &C.
cepted.
Before leaving this city President Cleve.
land practically set at rest all rumors that
he would call an extra session of congress
to consider the financial situation. Dur.
ing conversation with Cleveland. Repre-
sentative Kilgore inquired regarding the
intentions of the president as to an extra
session. Kilgore explained that he wished
10 bring his family to this city before the
opening of the session, and for this reason
was anxious to learn what would prob
ably be done, in order that he could make
his plans accordingly. In effect the repiv
OF the president was that he would not
call an extra session until September.
unless some unforeseen circumstances
which were not now anticipated mada
such course necessary. He stated that
a call would be made for the assembling
OF congress between September and Is.
The government exhibit for the Worlds
fair Is not ready. and therefore will not bs
placed in position at the fair until Nav IL
message was received at the depart-
ment Of state today from the United States
minister at Constantinopie reporting the
settlement OF the Monroyian incident. The
dispatch gave no particulars
BACK FROM WASHINGTON CITY.