The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1895-11-01
Oregon News From Washington

WASHINGTON, DO, Oct. .o0.-[SpeciaI
to the ALBANY DEMocRAr.l Secretary
Smith, of the interior department, in de.
nying motion for review of depertmen,
tai decision of July Is, 1895, in the case
OF John I Spaalding against the North
ern Pacinc Railroad Company from the
Vancouver laud district, establishes a
| rule Tor mum Der of subsequent decisions
involving land along the line olthe rail.
| road in that section. The secretary holds
that "at portland, Oregon, the Northern
Pacific has two grants, the first for the
line eastward, under the act of 1854, and
the second northward, under the Joint
resolution of 1870, and, SO far as the linn
it's OF the grant east OF said city overlaps
| the sueequent grant, the latter must
| fail and, as the road at such point east
ward is unconstructed, and the grant
therefor forfeited by the act of Septem-
Der 20, 1890, the lands so released from
said grant, do not inure 10 the later
grant, but are subject to disposal under
the provisions OF the forfeiture act"
In disposing OF the motion the secre-
tary says:
''As it has already been 6etermined by
the U. ). supreme court in tine case OF
the u. s. versus the Northern Pacific
K. r. company that the grant for the
portion of the railroad between Portland
and Puget Sound was made by the Joint
resolution OF 1870 and that the company
did not take by relation as of the act OF
July 2, 1854, i can see no reason to re-
view the previous decision OF this de-
partment in the case under considera-
ton, and the same is accordingly adher-
ed to and the company's motion denied. -
The secretary also rendered decisions
in the following from Washington and
Oregon:
Washington-Henry Gunstone versus
Northern Pacific, Olympia district. Mo-
ton by company TO dismiss plaintiffs
appeal, granted. His application for
reinstatement OF homestead entry dis
missed.
Northern Pacific versus David II.
Lyen, North Yakima district. Com.
missioners decision affirmed. Lyens
Commnted homestead application is to
accepted.
Roland Tillotson versus Henry Sniv-
eley. North Yakima district. Decision
affirmed. Sniveley's final proof to be
accepted upon payment of land Office fees.
Albert Saylor versus Tobias Beckner,
north Yakima district. Decision affirm
~ NalsoA Cuulrsk AE3aust ptEkuef
timber culture entry dismissed.
Northern Pacific versus Franklin ".
Waugh, Walla Walla district. Decision
affirmed. Vaughan's entry for land TO
tand intact.
Northern Pacific versus Henry Burn
am. walla Walla district. Decision af-
firmed. Burnam's entry for land to
stand intact.
0regon-State of Oregon and Henry
Miller versus Joseph r. CARED, Burns
district, decision affirmed. Stace fails TO
prove land TO be swamp and overflow
ed" and contest is dismissed.
Hannah Peters versus Armstead F
Davis, Roseburg district. Decision mod
ified- Mrs Peters as guardian is TO be
allowed ninety days in which 10 make
final proof.
John Kay versus Oregon Central Rail-
road Company, Oregon City district.
Decision affirmed. Kay's application 10
enter Land rejected for conflict with the
grant OF the railroad company.
Mrs E, \. spencer has been appointed
postmistress a. Pine, Union county, in
place of Joseph Bragg. resigned, and W.
w. Chessman At Springfield, Lane coun-
~, in place of q III. Yewington, resign
ed. The postottice NJ Rosa, Linn couEty
has been discon,ined. The mail sill
hereafter be taken to Larwooj.
ALLAN b. StACsoS.