The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-12-13


lands in front or the city OF Seattle. The
appeal from the appraisenaent OF the local
beard 70 the sapreme court has had tbs
result OF 6eferring such hearings. The
time within which a motion for a rehsar-
ing OF this matter by the supreme court
can be made expires about the end OF this
month. when the commission viii be free
10 proceed.
A Multitude OF Contests
Few IL any outside OF those connected
with the state land Office have any con-
eeption Of the magnitude OF the undertake
Ing OF hearing and determining contests
There are 500 applications. OF which there
are 70 in conflict. Applications in some
Instances conflict with several hundred
others, one conflicting with go others
The time which may be consumed in the
ultimate determination OF the whole mat
ter may be Indicated when one follows
the results OF a blanket application When
such an application has been made the
conflicts occurring must necessarily be
innGmerabie. Appeal in such a case may
be taken from court 70 court. with the re-
suit OF indefinitely delaying final action by
the state land commission.
New Rules of Practice.
The board has Just adopted the follow
ing rules OF practice governing hearings
OF contests for tide. shore and oyster
lands. printed copies OF which may be Sc
cured by application 10 the secretary or
the land commission:
Rule 1. When two or more applications
have been filed for any tract OF tide, shore
or oyster lands. the board shall order
hearing and fix a date when IL will pro-
coed 10 take up the case for the purpose
OF determining the rights or the parties
applying for said tract.
Rule . All applicants shall be given at
least ten days notice Of the date fixed for
hearing of contests, when such hearing
is held at the office Of the board in Olym-
pis; but when the contests are heard at a
city In front OF which the lands are To-
Gated all applicants viii be notified OF the
date when the board viii proceed 10 take
up the cases at that city. and thereafter a
docket of cases will be prepared from day
TO day and each applicant will be required
10 keep himself advised OF the date his
case is set for hearing.
Rule s. The secretary shall serve upon
each conflicting applicant registered no
tice which shall contain. first. the num-
Der of the conflicting application. second.
the name OF the applicant and his address;
third a description OF the land in contro-
versy; fourth. the date and place OF hear
ing. as provided by rule .
Rule l. No pleadings or statements OF the
right to purchase viii be required other
than the facts and allegations set forth
in the original application: provided. that
at the time OF hearing any applicant may
submit such additional affidayits. deposit
tions or statements of fact as he may deem
necessary TO make a full presentation OF
his case.
Rule s. In all eases where notice IS given
TO any applicant OF contest OF his right
10 purchase, and he relies upon the fact OF
being an improyer OF the lands sought TO
be purchased. he shall submit at the hear
ing plat OF the lands involved, certified
TO be correct by a competent surveyor,
showing the location OF all improvements
on the land and such other data as may be
material.
Rule s. Where a part only OF lands de-
scrihed In an application to purchase are
involved in contest, the board will exer-
else its discretion In the matter Of segre-
eating the lands applied for and the allow
ance OF an application insofar as II covers
an undisputed tract. before the final de-
termination Of the contest.
Rule Z. The first applicant will be called
the contestee; all subsequent applicants.
contestants. The testimony OF the con-
testaut viii be taken first, then the testi-
mony OF the eontestee. which. being
closed, the contestant viii be allowed to
rebut any new matter brought out by the
contestee.
Rule S. Any party may appear by attor-
ney in any hearing held by the board. All
witnesses viii be made under the direction
Of the board, ana such testimony as. in its
discretion, Is material 10 the issue viii be
taken.
Rule g. The board VII hear arguments
OF counsel in any contest. Not more than
two counsel on eide viii be heard unless
the board shall direct otherwise; provided,
that each party who has appeared separate
~ and by different couhzci shall, IL he so
desire. bs heard through his own counsel.
The counsel for contestant shall be eni-
tied 20 open and close the argument on the
merits in matters OF conflicting applications
to purchase. In all other matters the par
" having the affirmative shall have the
open and close. All arguments may, in the
discretion OF the board, 30 limited In time.
Rule 10. The board may in its discretion
allow testimony 20 be taken by dispositions
in accordance with and IN the manner pre-
scrbed b. section 6lS OF the code OF civil
procedure Of the state or Washington.
Rule II. Unless otherwise ordered by the
hoard. no testimony submitted at the time
OF hearing viii be reduced TO writing, bat
the case win be tried and determined upon
the sfiidavits. dispositions and oral testimo-
ny submitted at the time OF hearing; pro-
vided however, the board may. I'm any
case, order the testimony reduced 10 writ
ing at the expense OF the parties inter-
estei.
Rule u The board may. IN It's discretion,
order. or the parties may stipulate upon
approval by the board. that the testimony
shall be taken before a referee who shall
reduce the same to writing and report Il
20 the board. Such referee shall be APP
pointed by the board unless agreed upon by
tho parties, and all written testimony shall
be paid for by the respective parties offer
ing g.
Rule H. The board may order the parties
20 file briefs IN all cases either before or
after argument and when 50 orderet the
contestant shall. within ten days. make
and fia with the board three typewrftten
comics Of his bret together with proof of
service upon all parties to the contest, and
within ten days after such service the con-
featee shall file and serve his brief as
herein provided FOR contestant.
Rule r. All services as IN these rules
provided % be made. shall be made in the
manner and a. provided by general laws
f3r the service OF summons. unless service
be accepted OF waived by the parties. which
.t4u be Endorsed on the original statement
% motion filed with the board. Proof
o. such eervice shall be filed with the
board at any time prior 70 the time OF
bearing.
R,,le Is II any party making IN original
application 10 purchase lands faila 70 make
ar appearance al the time set for hearing,
llnl.se good cause be shown By affidavit,
he shall De deemed 10 have abandoned his
application.
the board shall be plainly typewriter or
printed ara PACED. In ell statements and
motions the grounds thereof shall De sep
srately stated and consecutively numbered,
and shall BE- divided into paragraphs ac-
cording 10 the subject matter. and copies
az such documents shall conform IN par
agraphing ard numbering 20 the original.
Rule T. The board will allow such
amendments 20 applications ard papers IN