The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-10-02
SPECULATION Is BARRED.
Importsnt Legal Question Involves Title
to Barge Works Site


20 Barge Works Sites
The decision OF Hoke Smith. secretary
OF the interior. ordering 8 hearing IN the
case OF John Dennis against Wallace w.
ingalls,, involving twenty-five acres OF land
al Everett, on which the steel barge works
are built, was received by Register o Tooie
yesterday. The property, with improve
ments is worth about 10000 and conse-
auentIy the case mas attracted great deal
OF attention Il - also the first tine that
the validity of a soldiers additional home
stead entry, made personally. aud in the
interests Of third party. has come up TOR
decision.
The records show that Wallace w. In
gals made soldiers additional homestead
entry for the land in ociober. issi, and on
the same day final certificate was issued.
The necessary affidayits seem TO have been
filed aud the usual statement, THAT
have not sold my additional homestead
claim" Is made under oath and corrobo-
rated by witnesses. John Dennis flied a
contest May 2. ise2. claiming that ingalls,
entry was fraudulent and that il was
made in the interest Of W. +. Brown,
to whom the land was sold by
ingalls, for $500 II was also shown
that Brown vent through consider
able diekering to clear the way for
Ingalls, entry. Dennis further claimed
that ingalls, had violated the spirit OF the
law aad asked to be allowed to prove his
charges The general land office refused
to order hearing, holding that lit Is evil
dent, from the consideration paid by
Brown, that the entry was made Tor the
soldiers benefit The fact that ingalls, IN
tended 10 sell the land after making entry.
or had agreed to do so. does not, In my
opinion. invalidate the entry" After a
series OF legal maneuvers the case reached
Secretary Hoke Smith, who decides that a
hearing shall be had. He says:
''In the case at bar the entry cannot be
claimed TO be for his personal benefit in
any lust sense as contemplated by the
public land laws. He is Specializing on a
personal right in the shape OF privilege
conferred on him alone by the congress as
a reward for services already rendered his
country. A purely specul alive Intent on
the part OF any one avaiiing himself of the
bencncence OF the government under the
forms of Law Is aDhorrent TO the laws and
rules governing its disposal, and where
this intent is made clear the department
will not hesitate in melting out the eftica-
cious remedy. | think your judgment
should De reversed. and the hearing is or
dered."
Frank p. Randolph. of the firm of RAN
dolpe & Chaplin. the attorneys for the con-
testant, said yesterday:
1.-THE important; point involved in this
case was as 10 whether the soldier having
made the entry in person had not the
right In consequence 20 contract to sell the
land upon which the scrip or soldiers adj
ditional homestead entry was made prior
to the location of the scrip. and for the
benefit and on behalf of a third person.
In this case il would seem that the depart
ment for the first time in the history of
the location of such scrip has been called
to sqaareiy decide upon that point and
construe the statute of the United States
under which a soldiers additional home
stead entry is allowed. and has formally
settled the question that the same law that
governs the making of an ordinary home
stead governs the location of the soldier
additional homestead as TO its being made
in the interest of any other person than
the entry man"