The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-06-04
TIDELANDS In COURT.
.nneal Taken From the Ap-
uraisement Already Made.
am BEFORE WRONG TRIBUNAL.
a. Least II VIII Be Fought On That
Ground-Dore and Mrs. McDon-
ouxh Lock Horns-salaries.

TIE a3peal from the appraisernent OF the
srsth's cove and Elliott bay tide lands
xzs fled IN the superior court YESTERDAY
srs entered a. new case, although those
ir.sregted ia tide land matters claim tha,
sss APPEAL has been taken TO the wrong
@ogrf and will not amount TO anything
Tse action is entitled W T. Scott co.,
scsafisn counsel city attorney for the CITY
~ Seattle. On the relation OF the state OF
washington, appellant. VS.. w. T. Forrest
rrassgs Bralnerd and s. j. Chadwick.
board OF state land commissioners, re-
g,cndsnts.
Nr. Scott has taken the above step con-
f9rrnably 20 petition OF ten freeholders
ss follows: J. Otto. Frank Grfffise. James
Gaxncn. c. ". Emery. a G. Edwards. d.
Mathews. James Quinn, Thomas W. Zen.
.etf william ". Feas and F. Il Russell
They ask that on behalf OF the state h.
zppeal 10 the superior court from the an
uyagsernent for the reason that fhev feel
sxxrisved because the valuation Ia lass.
taan one-tenth OF the real value. and tha.
i. the lands are sold az the appraised ne-
tres the taxpayers and the state at iarrss
vii suffer irreparable loss.
Accompanying the notice OF apresl is a
noslce from 81 +. Reed, secretary OF tbs
state land commission. directed to appu-
eanis for the purchase Of the lands 10 the
effect that the appeal has been taken for
the following reasons: First, fraud and
rolslsion; second. dIsproportionate an
rrzsseFneni Copies OF the above dozen
rents have been mailed 10 each applicant
The lands involved are described as fol-
Ieas.
Beginning and embracing all OF the
lands from and including what Is known
ss Smiths cove Of the said tide lands
H. I.rg
TIE mouth Of the Duwamish river and en-
sracinE all and every part of the states
ilae lands within and included in the area
above described. and the whole thereof"
The appeal has been taken under sec
tor 81 Of the act of March g 1885. reIat-
iag 70 the sale and disposition OF state
hnds. IL is claimed that the appeal should
haze been taken 10 the state land COM
mission. Assuming this position 10 be
correct, the sppTaisement viii stand, as
the tine within which 10 appeal will have
expired before the appeal will have been
PASSED on By the superior court.
4 rernittitur has been received from the
supreme court affirming the decision OF
TIE superior court IN the test case Of Fred
sriek Sch0lff vs. w. T. Forrest, commits
sioaer 81 public lands and the Seattle and
lake Washington Waterway Company.
TIE costs amounting TO S.. are taxed TO
appellant Scholff. Scholff Is owner OF lot
: block 7. Judkin's addition. and claimed
TIA. the contracts for filling In the tide
lands cast n cloud upon his title. Judge
Langley signed a decree April s. denying
the prayer Of the complaint and refusing
70 sajoin the waterway company or the
commissioner OF public lands. The suit
vas a friendly one. brought 10 obtain n
judicial decision on certain points in the
law under which the waterway company
will operate.