The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-10-25
LAND OFFICE DECISIONS.
Important Rulings Made by the Secre-
tary OF the Interior.

Washington City, Oct 24-Special-
Secretary Smith has denied motion for
review OF departmental decision of July
IS. 1885. in the case of John T. SDaulding
against the Northern Pacific Railroad
Company, from the Vancouver land dis
trict. The decision in this case established
a rule for a number Of subsequent deci-
sions involving land along the line OF the
railroad in that section and held, that, AT
Portland the Northern Pacific has two
grants, the first for a line eastward, under
the act of 1864. and the second northward,
under the joint resolution of 1870, and, so
far as the limit of the grant east OF said
city overlaps the subsequent grant, the
latter must fall and. as the road at such
point eastward is unconstructed and the
grant therefor forfeited by the act Of Sep
TENDER %. 1850. the lands as released from
said grant. do not inure to the later grant,
but are subject TO disposal under the pro-
visions OF the forfeiture act" In dispos-
ing OF the motion, the secretary says:
las IT has already been determined by the
United States supreme court in the case
OF the United States vs.. the Northern Pa
cific Railroad Company. that the grant for
the portion OF the railroad between Port
land and Puget sound was made by the
joint resolution of 1870. and that the COM
pany did not take oy relation OF the
act OF july .. 1854 / can see no reason 10
review the previous decision of this de-
partment in the ease under consideration.
and the same IS accordingly adhered 20
ana the company's motion denied"
Secretary Hoke Smith has rendered n
decision which is OF great import ance to
a number o. settlers along the line OF the
Northern Pacific railroad in the state OF
Washington. The title OF the contest on
which the decision was made is the North
ern Pacific Railroad Company vs.. Henry
Arrowsmith. and involves quarter sec
~ al - - ~
land Is within the limits OF the withdrawal
upon the line Of the amended general route
Of said road the map OF which was Sled
February q 1872. Cnon the definite To-
cation Of the road - fcn within the in-
3emnlty limits. the order for fhe with
arswal on account o. which was received
az the local office November % ls0N II
vas afterwe r}s selected Pc indemnity for
lands lost within It's granted limits. per
Spokane list No ,. approved by he local
Office March -. 1854.
Prior 20 the last n8re5 date hcwever.
to-vft. on April - 1SS3. Henry Arrow
smith applied u ale presumption 3oclara-
tory statement for TIE t~act. acetr,rsu1--
Ing fhe same with MS own sai2as}t cor
rohora 1--WE showing fhat one Jasper Esri
settled upo1 the land and hegan - ir7-
prove the same IN t~e fall ~ fS-1. ana
continued 20 40 ~ until Nav 7. 1881. when
he SOLD his pcsssSsc~y rights 20 sa.3 A.
rowsmith. w,,o hai since continued - r.
st}e upon the same. The arnItea son 20
RE was rejected 5v the local officers Thss
decision was Sustained by she comm So
siorer. ArrowsrnltR appealed ~ the de-
pa~tr2 tGt. nairh reversed tire decision %
the comm, lSsioue~. disali0wed the claim Of
the railroad COMPANY and AWARDED the
1a1G % ArroNsr1ith. on motion FOR re-
vfeR- this deetsfsu MS ra0iiaad - allow
the company thirty DAYS 81 which 90 fle
afN5avits tending IN GiSrroHr The allaEa-
ttors made f1 Supsorg cf 4 r~07-srr7 Be IS an-
rlfestton Tr{s was accordingly done ard
she cernrei ssscrer saard that the showing
therein made vas insufficient ~ contro-
vert tAst previously made ev Are a smith
and denied q rehesr!nE. rejected see claim
% .hc railroad company and directed that
ArraNsTnith's application - allowed. The
railroad company appealed ~ tae .arer.-
rneut. and Secretary Smith. in Us ceci-
ssan SAYS THE lana IN routroT7-sy Was
w.thsn the Indemnity limits OF tAA road
The Withdrawal % the lands within ssi5
limits sas WithoGt authority g Lax. ~ ac-
scr3ance with tae CGllfor3-Niner seci-
se-0. c7oseGaenJiy the company eculd ae-