The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-05-03
BALLARD TIDE LAND CONTESTS.
State Land Commissioners Hearing Con-
ffctlng Claims or Claimants.


The board OF state land commissioners.
sitting as a court OF appeals in the mat
ter of hearing contesting applications 10
purchase tide lands that have been
plated and appraised by the local boards
OF tide land appraisers. heard i've sefar-
ate cases In the rooms OF the Chamber or
Commerce yesterday. The cases were;
Waiter r. Sa anderson VS.. Thomas Win
sor 81 Tx: Fleming a. Ayerst Company
vs.. Seattle * Montana Railway Com
pany. Wet Coast Improvement Com
pany W.. Seattle AZ Montana Railway
Company; West Coast Improve ment Com
pany vs.. Fleming & Ayersf Company.
and the Seattle Cedar Lumber Company
VIZ. O. j. Carr. trustee. The land applied
for is all located In Salmon bay al Bal
lard.
In the Sanaerson case both parties
claimed right 10 purchase by reason OF
being abutt.ng owners Of property on the
upland. There was a question as 60 the
rule to be laid down by the board I'm the
division OF tide land bounded by an ir-
regular tract Of upland. The case was
taken under advlsemerft. Another ques-
tho was raised IN this case which, how
ever. did not cut much figure, Sander
son alleged that winsor's contest was de-
fsctive because he did not properly de-
scribe the land applied for. giving only
three sides of the description. The OBJ
lection was oyerruled on the ground that
the description by lots and blocks. and
the tracing which is made a part of the
application. makes the description SUM-
GENTLY plain.
the afternoon the next three cases in
the order enumerated We're consolidate
and heard as one case. The railroad peo-
pie claimed the right to purchase by reEt-
son OF conveyance from upland owners.
and the Fleming & Ayerst Company
claimed prior right TO purchase for the
same reason. and the West Coast I'm
provement Company set forth its prior
right to buy by reason of upland owner
ship. A good many witnesses were ex-
amined as 10 the lines. surveys. etc. be-
tween the several tracts in dispute. and a
lengthy argument. relative 10 the right
OF the Fleming e. Ayerst Company to
purchase, was made by the attorneys. It
being alleged chat the deed of convey
ance Of the upland owners was made to
the company prior % the Incorporation
of the company. The board took this
question under advisement. IT was agreed
among the attorneys interested that the
Seattle * Montana railroad has the prior
right 20 purchase the tide land covered
by It's right-of-way. The West Coast I'M
proyement Company was given the right
10 purchase all other lands embraced In
the controversy. except those OF which
81 had decided away the httorai rights
In the case of the Seaftie Cedar Lum-
Der Company VS.. q. J. Carr. trustee the
lumber company claims right 90 purchase
by reason OF upland ownership and i'm
provements, "a does also o. ]. Carr Tho
question hinges largely on the alignment
or the lands. The case will be continued
today. there being two cases between the
same parties. and the two viii probably
be decided at the same time. In this case
the contest was quite bitter. and a good
many witnesses were examined, among
others being Clarence r. Bagley, Il. s.
lngraham and A. Il. McEwan.