The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-03-23
PULLEN LOSES AGAIN.
His Quillayute Claim Rejected
by the Secretary.
LAND BELONGS TO INDIANS.
After Holding the Claim Ten Years and
Building House on IT, He 70
Ordered to Give IL Up.

4 Land decision In the long, haro.foughe ana
interesting case Of Daniel Pullen, OF Lapush.
has been rendered BY George Chandler,
first assistant secretary Of the interior. The
case has been In the land ONCE for eight or nine
years. aud MI. Pullen's entry was never Ques-
toned until two years after he made final proof
He IL one Of the Oldest settlers In the Q1iilayute
country, and owing TO his wide acquaintance In
the whole Sound country the case il of consid.
cradle interest Since Mr.. Pullen proved mp he
has built the finest residence In the western and
Of Clallam county on the land in question. on
an sminence overlooking tho ocean. and in the
midst OF rugged and picturesque scenery. The
house IL worth ct least 5000, and BY the last
decibion Mr.. Pullcn would lose his place. the
case will undoubtedly be carried further. The
facts OF the case ~ set out in the decision,
which 10 lengthy one, are substantially - fol.
lows:
The land in question consists of lot g. section
q. southwest quarter OF southwest quarter OF
section p lots and 5, section u, lot l. section
a. lots !, and 3. section %. all In township q
north, range Is west These lands are claimed
by Puilen partly under presumption fled July
=, 1852, and partly by timber land entry OF No
vember s. 1883 It 10 in Clallam county. situated
Oh the Pacific ocean, at the mouth OF the Qui!la-
yute river, and is irregular in shape aud en-
tirely surrounded BY water except ON the east
ern side.
The title has been in dispute since 1884, when
the Indian agent at Neah Bay directed the at
tention Of the commissioner of Indian Affairs to
the fact that village of the Quillayute Indians
was situated upon the land, AMI requested that
the entries be Cancelled. Under an order dated
October 2, 1854, the entries were examined
BY special agent, and in October.
1857. the entries were directed to be
cancelled, Pulien being allowed sixty days
within which to apply for . hearing. His apbli-
cation fo- = hearing was granted, but 1t was de-
n mt VfopE whnv foatf
was begun at Port Townsend, continued before
a notary on the land and finished before the
local Office on December Is The result of the
hearing was that the land should De held for
cancellation. the presumption was denied solely
on the ground of prior occupany by Indians.
and the timber claim because the tract is agri-
cultural iani. In september, 1891, PulIcn ap.
pealed to the commissioner of the general land
Office, who reversed the above decision. On
September Is, 1891. the commissioner OF Indisn
affairs recommended that the proceedings be
certified to and passed upon by the secretary of
the interior.
A treaty with the Indians, the government
Indian policy and a mass OF testimony to the
effect that Pulen threatened the Indians aud
took from them their houses and land. 10 re-
viewed BY the secretary a. 10 also the question
of the bona fdes of Pullen's settlement and &C.
cupancy. Toward the end Of the communities
ton the secretary says:
think fair prepondersncc Of the evidence
shows that thi, house upon the prc-smpted
land). was the property OF Baxter 4 Co ct the
time OF the cash entry. and that It wa, usea for
residence wa, not used or maintained with Q
bona ide intention of procuring presumption
claim.
In regard to the claim of the Indians to the
land, the secretary says:
Inasnuch as the government has recognised
their right to Keep this land, Notwithstanding
the treaty of 1852 hold that their rights then
are similar to those Of settler. and that the acts
OF Puileu III getting aud holding possession OF
the land were those of . trespasser, and that he
can take nothing thereby.
The contention that his timber claim entry
should be upheld is disposed of a. follows:
The witnesses on behalf of the government
are uniformly OF the opinion that the soil
Is good for agricultural purposes and the timber
OF no value. except for hrcWood. That
this testimony i. entitled to more weight than
that offered by the defendant. supported ~ it IL
almost entirely by the relatives Of himself and
wife. Your dec sion IL therefore reversed and
you will cause said entries to be Cancelled.