The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-05-15
BOTH PARTIES LOSE THE LAND.
Northern Pacific Loses In a snohomish
County Contest.

County Contest.
The general land Office has reversed the
decision OF the home Office IN the case on
appeal OF the Northern Pacific Railroad
Company va. Ole Olsen Moen. involving
lot of section ]. township q north
range east, ". NJ. located on the south
line of Snohomish county. This decision
Is against both plaintiff and defendant
for the commissioner. besides rejecting
Moeu's proof and holding mis- homestead
entry for cancellation, holds for canceila-
ton. as Illegal. the company's indemnity
selection, ali of course subject 10 appeal
within sixty days
The tract OF land in question was in
cluded in the withdrawal made on the
map OF the general route, branch line
filed August II. 1913 June II. 1873 the
company flied a map OF amended general
route OF its branch line. which was ac-
eepted by the department on condition
that the company reltnquish any further
claim 10 the lands falling within the
withdrawal made on me map filed Aug
ust Is. 1873, which might fall outside the
limits under the map OF 1879. The COM
pany did relinquish, and all such lands
were restored 10 entry in November, 1873
The tract ia question was included In
that restoration. and on the definite loca-
ton or the road September 3, 1854, fell
within the limits OF the grant.
May 2, 1884. Jonah s. Goodrich made a
homestead entry for that tract, which
was. however. Cancelled DeceTnbe 5, 1887
for abandonment December s. lS0, Moen
made similar entry. and on April T. 1891
gave notice that on June IL following he
would make final proof in support of his
claim. He made proof accordingly. but
on account OF the land being within the
limits OF the railroad eompany's grant
the local office suspended action. and
gave the railroad company a chance to
show cuse why the proofs should not be
admitted. On July >. 1891. the company
fled its protest. and on September 80. 1851,
the local office dismissed the protest, held
that the land in question. was excepted
from the grant on account OF Goodrichs
entry and sustained Moen's proof.
The commissioner says that the com
pany never listed the tract in question,
but made 1t the basis for indemnity Sc
lection September 6. 1892, of the south
east quarter of the southwest quarter Oh
section 5. township % north, range S
east, w. NJ, per list (amended) No. q on
account OF Goodrich's entry.
1t Is held by the department that where
party settles on or enters "A tract OF
land under the impression and on infor-
nation that IL has been made the basis
for indemnity selection of other land in
lieu thereof. the company win be estopped
from claiming otherwise, so as To defeat
the tAaln.
The commissioner argues that IL cannot
be maintained that Moen made his entry
with the knowledge that the company
had made the tract entered the basis for
indemnity selection, and that the COM
pany was. therefore. estopped from claim
Ing that the tract was not actually lost
10 its grant.
The department holds that, as the with
drawal made on the map of amended
general route OF the branch line. filed
June II, 1879. is Invalid. the REIMBURSEMENT
by the company in consideration of such
withdrawal cannot be invoked as against
the grant. and that such relinquisaed
lands must. consequently. be considered
as continuously Withdrawn since the FL
ing OF the original map of general route
on August Is. 1873. so that. whatever
might have been the equities Of Good
rich. his entry having been allowed after
the filing OF the map OF 1873 cannot be
made the ground for holding that the
land covered thereby is. on account OF
said entry. excepted from the company 5
grant. The companys Indemnity selec-
ton specifying this tract as basis there
for. Is clearly. therefore, invalid. and its
erroneous action In the matter cannot be
held 10 except the tract In question from
It's grant.