The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-10-23
Highest of all in Leavenng Power-Lae IT, Govt Report
R3H!a!!! RsklRs
ABSOLUTELY PURE
DENNY WINS THE LAND.
Hoke smith Awards Him Tacoma Prop
ertv Claimed by Northern Pacinc.

erty Claimed by Northern Pacinc.
decision was received from secretary
Hoke Smith. of the interior department
by the local land Office yesterday whlcn
decides in favor of \. A. Denny. as trans
fierce of Frank TaTben, his contest against
the Northern Pacific railroad for piece
of land situated north of Tacoma, ana
described as lot T. section "a. and lots |,
2 and 3. and the east half of the northeast
quarter of section ., township - norlh'
range east. The case also includes the
contest of Watson W. Moore against A
A. Denny. involving the same land.
In the decision. that part of the decision
of the local land Office is reversed that
held Tarbells cash entry for cancellation
as to the southeast quarter OF the north-
east quarter of section .. "a east, and
the local office decision is affirmed reject
ing Moore's homestead application for the
balance of the land covered by Tarbeli 5
entry. BY that decision the claims or
Moore and the Northern Pacific are re-
jected. and unless motions for review are
filed the decision viii become final Tar
bells entry Will be submitted TO the board
of equitable adjudication for confirmation
and the case is closed as TO T. {. Allen,
whose application to contest TarbelTs en-
try was rejected by the general land office
in 1859
on September %. 1870. Tarben was per-
mitted by the local land office TO make a
private cash entry on lot OF section ~
and the rest of the land in dispute. The
land was within the limits of the with
drawal upon the map of the general route
of the Northern Pacific main line, which
was filed in August, 1870 but the notice
of withdrawal was not received by the
local Office for a month after Tarbell had
been permitted to purchase the land. In
1875 the Northern Pacific fixed Tacoma as
its Western terminus. and the land in dis
pute is north of the terminus. Prior TO
this time however. the map of the gen.
eral route of the branch line had been filed
and the contested land was embraced
within the limits of that withdrawal In
lsS. the map of definite location or the
branch line, showing the line east of Ia
coma, was filed, and the limits adjusted
10 the definite location embraced but forty
acres of the land covered by Tarbelfs
entry so that Tarbelrs entry conflicted
with the existing limits of the grant to
the company only as 10 the southeast
quarter of the northeast'quarter OF section
%. which is claimed by the company on
account of the branch line.
so far as the company's right to the
tract in conflict is concerned says Sec
rotary Smith, 1.-The only question is as to
whether it can claim the benefit of the
withdrawal on account of the main line,
in view of the abandonment of that por-
ton of the main line opposite the land in
question, so as TO defeat TarbeliS entry,
to the end thai the land may be claimed
on account of the branch line. l am of
the opinion that it cannot. and that Tar
bells claim may be submitted to the board
of equitable adjudication for confirma-
tion in it's entirety, and that the company
has no such claim, on account of its
branch line, to the southeast quarter OF
the northeast quarter of section p, as
would bar the confirmation. The decision
of the local office holding Tarbells entry
for cancellation is reversed.
The secretary says that Watson w.
Moore's claim rests solely upon his appli-
cation of October 1880. alleging that Tar
bells entry was invalid, and is therefore
no bar to the allowance of Moores appli-
cation. The rejection OF his application
is affirmed by the secretary.
In the case of Isaac +. Isaacson against
the Northern Pacific. involving the south
west quarter of the northwest quarter Of
section ). township q north. range east
the commissioner afiirms the decision of
the local office cancelling Isaacson's n
try because of conflict with the Northern
Pacific grant.