The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-09-21
HE CLAIMS A MILLION.
Old Soldiers Contest for yalua-
BILE Land i'm Tacoma.
APPEAL TO THE HIGHEST COURT.
He Says the Sershera Pacific srbsid y
Agents Got . Man 10 Jsmp His
CiAsm-Land once Roasted.

court. In the case OF Anthony z. Carr vs..
William II. Fife and others. IL was be-
fore Judge Hansord in 1880. and al that
time the land was valued 81 more than
s20o.ooo. The present valuation exceeds
1900 COO
The land was taken UP q. homestead
in 1871 by Carr. who was a Unicn soldier,
and had served four years in the army
during the civil war. In 1878 Carr's claim
was jumped by Robert Z. sproule, the
man who was hanged in Victoria ia 1855.
and over whose trial great deal OF diplo-
matte correspondence took place between
this government and that Of Great Britain.
spronie claimed that Carr had abandoned
his claim, which Carr denied. Hon. John
b. Alien, late United States senator. and
hts brother joseph {. Allen. now a MEM
Der of the capitol building commission,
were Carr's attorneys
When Sproule began bis contest against
Carr, the land-subsl9y agents Of the
Northern Pacific Railroad Company
Gov. John y. GOOD VIE. "Sxookam"
Smith and others-were actively engaged
in securing donations Of land as q bonus for
the selection of Tacoma rs the terminus OF
the road. Carr was not a cheerful giysr: IN
Commencement bay, and the relations be-
tween him and the railroad men became
quite strained. The latter proved an over
match for him He alleges that they got
sproule TO jump bis claim. and that they
railroaded the case through the land de-
partment at high rate of speed, defeating
Carr at every turn.
Carr was on the land one year and eleven
n. a -. -
test against him: and. having served four
years in the army. for which ne claims
credit as residence on his homestead. his
contention sii along has been that his five
years of residence was completed with
eleven months to spare) at the beginning
of the contest. and consequently that his
claim was not liable to be contested for
abandonment. The register and receiver
at Olympia made this singular decision in
the case:
From these occasional visits to the
claim We can but draw the conclusion
that said A. p. Carr did not wholly aban-
don his said claim, but We srs more
strongly of the opinion that the utter dis
regard of the spirit of this munifieent law,
which gives 10 the poor man, upon easy
and reasonable terms, what he could not
otherwise obtain, would. In equity. be sui
hcient ground for cancellation of his home
stead entry"
Carr and his attorneys cite a decision OF
the commissioner OF the general land
office. made in the case -of q. NJ. Bur-
lingame about the time that Carr's home
stead was Cancelled, IS follows:
"If the period of soldiers actual resi-
denee upon and cultivation of the land
embraced in his homestead entry, the same
TO be in no event less than one year. added
TO the term of his military service in the
United States army during the war of the
rebellion. make up the five years required
BY the act of May 20. fss2, nothing further
of settlement and cultivation is necessary
90 enable the party to perfect his entry;
and ne will not violate any legal reqeire-
ment IT, in that case. he should absent
himself from the land The final proof
may be made at any time within seven
years from the date OF his entry"
On the refusal TO give Carr credit for his
period of service in the army, his counsel
say:
This most important feature OF the
case was disregarded and ignored by the
register and other officers of the land de-
partment. although their attention was
directed to IL In the evidence. and in the
argument OF counsel for appellant.
NO akitnkB8u was gwen 10 appellants
rights in this respect; and We regret TO
say that it appears from the proceedings
Ia the contest that his right, from the In
ception of the contest TO the cancellation
of his claim, were newhere properly re-
garded or protected. The contest was
commenced BY clsim- jumper and fuei-
tive from Justice. who was bad aud dan
gerous man: and there Is something-yea,
a great deal--in the record which makes
one feel that powerful conspiracy existed
10 deprive this old soldier of his Just
claim, which he had entered for a home
when there was no prospect of its future
value
The charge of conspiracy Is pressed with
great esrnestness. and the register and
receiver OF the Olympia land office are
scored in style of which the following is
a sample;
Their conduct in the case was so singu-
lar that nobody can examine the record
without noticing their evident purpose TO
make out some sort of case against the
appellant lCarrl Assuming 20 have juris-
dietion, and Ignoring ali limitations upon
it. they cast cut drag net for the raking
in of any and every sort OF testimony
which might help 10 prejudice appellants
case, and upon which thew could make a
pretext of basing pretended equitable
finding aga.ns, him, They ordered a
contest contrary 20 law. They OVERRIDE
eli the statutory limitations upon such
contest; violated the established rules OF
practice in land Office trials: Invaded the
province OF counsel bF personal examinA-
lion OF witnesses touching matters wholly
outside the proper score OF inquiry:
received aud entertained evidence without
the range Of the fssue before them
denied appellant credit Tor his service in
the army; allowed witnesses 20 testify for
81 ffas "a ~
provemeuts, and refused to allow witnesses
10 testify for appellant on the same sub.
ject Everything denotes strong iaten-
lion and purpose 10 defeat appellant Ii
IS IN AIDE very piain that Re was not to
receive justice or fair treatment before the
land office How can so violent ga atti-
tuds towards an Impoverished and dlsa.
blea veteran Of the war. sirsine 20 carve a
home out OF she forest, be aceouated foef
Nerg easily upon the testimony in the
recog1 10 thu projected estab-
Nshment st tha time the contest
Vas instituted. cf the terminus
Of the Northern Pacific railroad in the
vicinity OF the land "a contest. The land
spectators set coxetous eve anon APP
peslsns's claim. They induced = aesrer-
ate character 80 assume the Foie of con-
tessauG 1hey organized fraudulent and
wicked conspiracy - defeat ths appellant
and tFaRspae on ais rights The tool OF
the eonspIFataTs, s1o was "a employee OF
the Northern Pacific railroad when he
hAa no further interest in the land. aa-
mltted pArs Of tie effen.e."
A pssent for the laad ga. issued 20
sproase, and he morkgAse4 il 20 the wtfe
al William III. Fife Tor $50 Ihlx mort
gage wAs toreclosed in IssS, and The land
Vas then plated g. Smith 4 Flfs's adag-
ton 10 Taeosna By the Fifss. 'Skookum''