The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-03-06
WORK FOR THE FALLS
Snoqualmie to Be Harnessed
and Run Seattle Machinery.
a CONTEST FOR POSSESSION.
Lacy Files on the Falls and Phiaaey
Claims the shor'-1h' Power t.
BE Brought Here.

immense power 10 this city. though long
contest for the title to the property will
first have to be fought out
w. 7. Lacy. wealthy capitalist of San
Francisco, and one of the owners Of the
Vulcan Iron Works in that city. on Satur-
day fled notice at the land Office of the
location Of claim to the water power and
also posted . notice to the same effect at
the falls. The posting Of this notice is in
effect the jumping Of the claim of D. H.
Gilman, based on his rights as q riparian
owner. But Mr.. Gilman's claim to this
property is also disputed by Guy G. Phin-
ney, who has long nourished the project
of the utilization of the water power as
one Of bis pet schemes and who is said to
be q partner with Mr.. Lacy in the present
enterprise. They also claim to have ac-
quired the title to the land on the oppo-
site side Of the river from the present
owners.
Mr.. Phinney refused to talk of the mat
ter at present on the ground that it is not
ripe for publication, but an outline Of the
basis Of his claim and of the whole scheme
was obtained from others who have gen.
eral knowledge Of the matter. The land
on each side Of the falls was located by
To The parties directly interested. Mr..
Phinney claims that as soon a. he learned
that the Lake Shore road was going by
the falls he bought out one of the locators
on the west side Of the river, and, not hav-
ing the money to pay at the time. arranged
for Judge Thomas Burke and ID. H. Gill
man to put it up for him and take deed,
practically in trust for him. 1t is clai med
that afterwards, when he sought to re-
deem the property. and offered Messrs.
Burke and Gilman the purchase price with
interest. they declined to convey it. say
ing they owned it and had bought it for
themselves, not for him. Mr.. Phinney
has ever since asserted his claim, but has
not attempted to enforce it in the courts.
The property in question comprises mile
and half on the shore on the west side
Of the river. Mr.. Gilman was asked
yesterday what truth there was in Mr..
Phinney's claim and said:
1T is naked, bald lie. You may quote
me as saying that it is lie in the plainest
Anglo-Saxon you can command. 1 own
about a mile and half on the west side of
the river. / bought it in 1887 from the
Pickering heirs and Mr.. Phinney has not
the remotest interest in it; nor has Judge
Burke. l never stole it, never tried to
steal any land and did not know that a
man could get title to land by stealing it.
As own the land. 1 also claim the bed of
the river to the middle of the channel and
the water power Of it..
Messrs. Phinney and Lacy have. how
ever. prepared for a stubborn contest on
the property and expect that, at the worst,
they will secure one-half of the falls. The
a l. -. Il
OF an administrator, but the heirs have
recently come of age and their interest has
been purchased.
Even if their claims rs the shore owners
should be defeated. Messrs Phinney and
Lacy expect to win as the first to use the
water power. and it is to establish this
claim that Mr.. Lacy filed the location on
Saturday. He came here a few days ago
on his return from a European tour and
paid visit to tho falls on Thursday and
then went to Olympia to confer with Mr..
Phinney. On his return here he obtained
legal opinion on the question from White
4 Munday. made his filing on Saturday
and left for San Franciscon that evening
The sections of Hills code on which he
bases his claim are No. l, 700 and the fol-
lowing ones. which read:
The right TO the use of water in any lake
pond flowing spring In this state or the rig hi
TO the use OF water flowing in any river. stream
or ravinc oil this state for irrigation, mining or
manufacturing purposes or for supplying cities,
towns or villages with water or for water work 8
may be acquired BY appropriation. and as be-
tween appropriations the first in time is the first
In right
Any person. persons. corporation or associa-
ton desiring to appropriate water must post a
n nj ON nj caa Tho
point OF intended forage or diversion. stating
therein:
!. That such appropriation claims the water
there lying. being or flowing 10 the extent of
one cubic foot Of water per second OF tme or
some multiple or some fractional portion
thereof.
> The purpose for which said water is appro-
pristed and the place or places. ~ near a. may
be. OF intended use.
3 Tho means by which it 10 intended to store
or divert the same
copy OF the notice must within ten DAYS
aitss 10 rosted. he filed for record in the Office
of the county auditor of the county in which il
10 posted.
IL said Use Is by storage. the apron riator
must. within three months after the notice is
posted. commence the construction of the W orks
by which IL is intended TO store the same II
said Use Is by diversion. the appropriation must
within six months after the notice 10 posted
the works by which 1t il intended to divert tho
same. II being herein expressly provided tina,
such worAs must be diligently and continuously
prosecuted 20 completion, unless temporarily
interrupted by the elements.
By . strict CON lance 20 the above rules the
spp:opr!s.or's rights 10 the use of the water
actually stored or diverted relates back 10 the
time the notice was posted, but q failure TO
comply Herewith depriyes the appropriation q:
the rsgat 10 the use OF the water ~ against a
subsequent appropriation Who faithfully com.
plies with the same.
Persons who have heretofore Appropriated
water and have rot constructed works or have
not diverted the water and spilled il to some
purpose as herein stated, must. within thirty
days after this act takes effect, proceed rs in
this chapter provided. or their sigh, ceases
Appropriations of water heretofore made for
ANY os the purposes in tas chapter provided are
hereby recognised, eu. this act shall not be COT
s,sued TO Interfere with vested r;gh,a
M. Lacy claims that he 10 not Jumping
any mans claim. holding that under this
law the original claim has been ahan-
doned, no work having been done and no
use made OF the power. lie will go ahead
and immediately do the work required by
the law To make his claim good rs the
nctual user, independent OF what rights he
and Mr.. Phinney may have as the riaprian
owners.
cient 10 operate all the machinery and all
the street railways In Seattle. They give
power greater In proportion 10 the guam
t.;y oi water in them than Niagara .alls,
~ ;hey are rs feet high. while the height