The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-01-18
sIxkS Hx7Ks WIN AGAIN.
Ihe o1oo,ooo Everett Land Contest
Decided By Moko Smith.

TIE o3oo.o go Everett Lsnd Contest
Decided by Msks &nith-
The heirs % George w Sines have
scored another victory in the famous
controversy over the right 20 issi5 acres
"a or adsoininy the tewnssse o< Everett.
which has been assessed AZ high a. $780,
0e Viola G. Haascom IL the contestant
aad after being defeated 1t every turn
she applied to the secretary Of the interior
for review OF proceedings. which he has
now denied The case involves. accord
ing to the technical description. lots and
and the east hah OF southwest quarter.
section . north, range east. f6s. Is acres
adjoining the townsite OF Everett. and
has been contested 10 the fun extent OF
the law. In denying tie motion. dissniss-
Ing the contest and hoiding Stnes' entry
intact Secretary Smith says:
The questions raised by the motions
having been considered at length In de-
cisions heretofore rensiered by this de-
partment will not now be considered
Secretary Noble held In the FIRST decision
rendered that the question TO be deter
with the Law and earned patent prior to
his death.
The question of fact was remanded to
the local once for trial ard upon the evil
eence then taken that ONCE. your office
(the general hand officel and this depart
rent have concGrred In the conclusion
that the entry was made in good faith
and that Sines had earned a patent before
his death.
The allegation that this finding is er.
roneons is too vague ard indefinite to de-
uland a re-examination OF the record.
IT Is further urged that Ii was an err
ror of law 10 decide that the homestead
entry OF Stnes should not be cancelled.
notwithstanding the fact that over ten
years had expired after the date thereof
before Sines or his legal representatives
made any attempt to perfect or commute
the entry and over twelve years had ex-
pred from the date thereof before said
decision was rendered"
IN The decision OF Secretary Noble"
continues Secretary Smith, "all questions
connected with this case were considered
and the only question that was renlanded
to trial was that which has been men,
toned. The determination of the question
tts GCS&1t1-fs 22o" A&1otst, IL Qb1S%tcA
10 at that time by the plaintiff should
have been followed up by motion for
review and the failure to so do at that
time upon her part has become conclusive
on her and she cannot raise that question
now.
There Is but one question before the
department for consideration and that Is:
Had the entryman, Sifies. earned a pat
ent for the land at the time OF his death
As has been seen, this question has re-
peatediy been answered In the affirmative.
For the reason stated. the former decision
of this department Is reaffirmed and adj
hered to-
The local Office received telegram In
connection with the same case ordering
that a final receipt for Sines' homestead
be issued.
1t is understood that other contestants
Will make an effort to have hearing or
dered 1t Is supposed that the grounds
OF the second contest viii be Fraudulent
entry.
Daniel Mckee. who has been contesting
the presumption entry of Orsou b. John
son for the south half, southwest quarter,
northwest quarter. southwest quarter and
southwest quarter. southeast quarter.
section y. township 20 north. range 8
east, in Snohomish county. has won his
case. johnson did not comply with the
law as to residence or Improvements.
The plat OF the Great Northern switch
back, which was surveyed in the summer
of 1891 by Eldreige II. Becker, was filed
yesterday at the land ONCE.