The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-07-12
RAILROAD LIEU LANDS.
A Decision That May Cost the North
ern Pacific a Good Deal.
Spokane Chronicle.

ern Pacific Good Deal.
Spokane Chronicle.
A ruling which apparently reverses the
precedents OF the land department has
5 been received at the district land ONCE
in Walia Walla, which. the best authori-
ties seem TO think. may take from the
Northern Pacific railroad much valuable
lieu land in Eastern Washington
In 1853. when Henry Nj. Teller was sec
rotary OF the interior. he issued an order
directing that the Northern Pacific. in
making its lists Of selections of lieu lands
to compensate the company for losses
within the iimite Of its MAIN grant. should
not specify the losses in lieu Of which the
land was selected. the theory being that
the interior department could do this
work quicker and more satisfactorily.
During the next nwo years the company
selected nearly all its lieu lands In East
ern Washington. and obeyed the order.
Two years later, when Lamar became
secretary of the interior IN 1885, he re-
fused to accept these lists. and directed
the company to file new ones. specifying
the particular loss in lieu of which each
tract was selected, tract for tract. This
ruling has been adhered to by all secre-
taries since that time. but for some rea-
son the company did not file revised lists
of tract for tract selections until 1899,
and in some cases they have not yet been
filed.
1t was supposed, however, that the first
selections, being made in accordance with
department orders, would hold the land
for the company until rhe perfected lists
would be filed, and this was apparently
indicated by a long line OF department
decisions. Now, however comes the de-
cision of the commissioner in the case of
the Northern Pacific VS.. John i. Dough-
erty and calmly upsets all these ideas.
This contest involves lots 8, 4, 8 and g.
section 8. township 10. range IS, midway
between Colfax and Palouse- This land
was included In list No. l OF Northern
Pacific selections, filed December II, 1888
in accordance with Secretary Teller's or
ders. II was again Included in the re-
vised tract for tract list filed Septem-
Der 2. lS32. But in the meantime Dough
erty had settled on the land and tender
ed presumption declaratory statement
March 20. 1855. claiming the farm.
Contest was instituted. The district Of
ficiais. relying on former precedents, de-
cided for the company. Dougherty ap-
pealed- Now comes the commissioners
opinion, reversing the decision and direct
ing the cancellation of the railways Sc
lection-subject. of course. to appeal to
Secretary Hoke Smith
This case" says the commissioners,
seems to come within the rule laid down
by the department in the case OF Hoeft
ct al VS.. the St. Paul & Duluth railroad
where il was held that so long as losses
were not designated the selection was no
bar to the rights of settlement, and IL the
land was claimed by others the railroad
could not then be allowed TO designate
losses and thus perfect its selection, and
that IL would be inequitable to allow II
this privilege in the face of an adverse
claim.
so long as losses were not designated
the selection was no bar TO rights of set
Element. The company should be allowed
no greater privileges in amending its Sc
iections than would be accorded to a
homestead claimant to amend his entry,
and he has never been allowed to amend
his entry when to do so would injure Q
third person"
so nearly as can be determined this de-
csion, II sustained by Secretary Smith
will cancel the railway cofnpany's rights
TO all the lieu lands In Eastern Washing
ton which were occupied by qualified
homestead settlers prior to the date of
filing the revised tract for tract" selec-
lions. which in most cases, as previously
stated, did not occur until 1892. That the
railway company will appeal goes with
out saying, and the general impression
seems TO be that this new decision Will
be overruled by the secretary of the in-
terror.