The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-05-25
1HK TACOMA LAND CONTESTS.


Dispute.
oLrxPfa, May 2l-TSpecial lin refer
tnce 20 the contests ordered TO be heard
Ey the Olympia land ONCE concerning the
iasle 10 certain lands within the corporate
Limits of the city of Tacoma. enumerated
in yesterdays dispatches from this city. It
Eppears that with the exception of one
certain tract the Tacoma Land Company
las never given q title TO any Of the ms
in question. evidently being in some doubt
as 10 the sui.iciency OF Its title from the
iaiiroad com The Northern Pacific
sailroad Company maintains that its
grant from Portland TO Puget soundd dates
from lsGa. because OF preliminary Location
issade ia iss5, which never received official
approval, but the company believes It will
te sustained by the courts. In fact the
~tompany's view was taken by Judge Saw
yer In isgo. In referring to the several
gases which the Olympia Office is IN
structed to hear Immediately, the COM
.siissioner says:
Tic tract. described srs all within the pri-
i:ssry limits OF the grant,, By joint resolution OF
Nay 81, 1870. to the Northern Pacific Railroad
company, IN aid Of the construction OF its line
isom Portland 10 Puget sound. The applies-
tsons ty the several parties were denied because
81 conflict with said grant and each other. II 10
alleged by the appellants tina. the lands were
s:overed By prims iaciH, valid ensries. existing
,t the date of the granting act, and therefore ex-
tepisd from the grant. under the rule laid down
~ the United states supreme court
In section :. in the city of Tacoma, now
in controversy, there are 80 acres ex-
tep,ed from the grant. if the present de-
~G!sions OF the land department are adhered
so. Chief Justice Dunbar fled on leo
tcres in this section in 1868, which was
'anccled in 1872. 1t was contested for
abandonment. Another 100 acres in the
same section is what is known as the e.
ger claim. which dates from some time in
$50 and was Cancelled by REIMBURSEMENT
shout the same time as Dunbar's. This
claimant. Elder. is ~ party concerned
.ith William Jamison and Littlejohn in
the questionable act Of %purloining Elders
REIMBURSEMENT from the land office re-
cords. For the same tract a receivers re-
tseipt is also out. said receipt having been
srroneously issued. and a suit is 10Y
pending concerning this piece Of land.
In section 81. also within Tacoma's city
lamits. there appears TO be a tract Of land
ia question. with n settler thereon by the
rame Of James De Lacy, who has been
Clearing the same for q number of years
ind has 5000 worth Of improvements on
the claim. Walter Crosby. Of Olympia,
applied TO enter this tract last August aud
re Lacy later also made an application to
tnter under what Is known as the Borden
decision Of the United States supreme
court. But in December. 1882, while the
applications were pending in the general
land Office and De Lacy's rights were we'll
Known to the department. the Northern
Pacific Railroad Company secured the is
tlance Of a patent TO the company, which
vas duly recorded. However. the COM
missioner in a letter to De Lacy's attorney.
John A. Rea. OF Olympia, under May 9.
says that no patent has been issued for
this land. There is evidently o mistake
somewhere. No patent should have been
Issued while contests were pending and
the courts will be called upon in this case
10 declare that the company holds the
land in trust for DE Lacy.