The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-01-23
RIG CLAIM FOR LOGS.
/. Islander Mcleod Wants &c.,
nD0 From Bfakeley Mill Co.
) yEsLER CLAIMS TO BE PAID
o
--,,c< for Mckinley I'm Federal Court
Report on Issaquah Coal Mines
An Attorneys Retort.

.srsnder Mcleod, logger well known
o.rst sound. began an action yesterday
,ns Federal court against the Port
lsausslsv sEll Company for damages ag-
c-ssIng nearly Sc. 900. alleged to be due
. s,ntracts let In iS8y and $50 for logs.
- use Is attracting a great deal Of in
-, especially among loggers, and Is
- stubbornly fought by the attorneys
- hotf, sides. f c. Hughes and John b.
.s.sn are looking ont for the inteTests OF
:. nsll company, while Hagerman g. Car
= az Tacoma. and Robinson & Linn, of
ssrro.a, are representing Mcleod.
- Lie complaint Mcleod alleges that he
ss.rsf into a contract with the mill COM
50 n December, isSs, TO cut, raft and
- 10 the company's mill at Blakcley a
:, n logs on a piece of land situated at
s..,,en. for which he was 10 receive GER
- amounts according 10 certain Ieng tbs
Z. claims he performed this contract and
s~gvsred the logs in the bay at Sh5lton,
-, that the company refused to accept a
ssrrs portion OF the logs and also refused
!. tos the same 10 the mill, causing him a
80 Of s4i6 ia towing the same TO BlalGeley.
Z. siso alleges that the contract for this
,ork was left with the company and that
4 has been unable TO gain possession OF IT.
Mcleod then goes on and for second
s.use OF action alleges that In August. 1890,
a. sutsred into another contract with the
ssuUany for cutting and hauling timber
4 certain piece OF land belonging 10 the
eoupany. and loading IL on the cars Of the
ss.sop Railroad Company at what was
t,osn as Camp 10. and that he was 10 cum
strgct a siding on the land. the defendant
1, BAY for the stumpage for ths timber
sut and also for the freight for hauling
sse logs To the bay at Shelton. and TO
rake arrangements with the Satsop Rail
rad Company to haul the logs. the compa-
rYte pay a certain price for logs Of GER
an length. AS in bis first cause OF ac-
tor. Mcleod claims that the contract for
,hs work is In the hands OF the company
snd be cannot get possession OF IL. He
dams that he was damaged In the sum OF
rsee In grading work. camp and other
xefk. and also claims that he placed on
ne cars and deposited I'm the bay at Shell
soa over 1000 90 feet OF logs, which the
esmpary refused 10 accept For this he
GAINS he was damaged TO the extent OF
rseno He does not stop at this. but al
bxss that In November, 1890, the company
violated It's contract by refusing TO pay the
fssght upon logs delivered, so that the
fsgroad company refused TO haul the logs.
Al The time this contract was broken. he
fsrther alleges that there vas standing
rSon the iaitl Oh tflc uirA hC ~ 49,
tscted With for their timber .0e fset
Z, merchantable timber for which he. Mo-
Isod. had contracted. and that be was
saaaged by loss OF profit for the cutting
Asreof. ss5, 600, making In all loss OF
EgS The third cause Of action, In which
Mcleod claims he was damaged for an
sker breach Of contract for $50. was dis
slssed. For his fourth and last cause OF
glon, he alleges that he entered into
snfract with the company 10 cut and de-
i,sr all the merchantable timber on section
a for which he was TO receive certain
amounts for certain sizes. and that he per-
forfned his part Of the contract. but was
prevented from finishing Il. thus being
damaged 10000. thus making a totaI OF
hearly Sc. 900.
The company in It's answer denies the
sr~t and second causes OF action In toto
and claims to have evidence that Mcleod
fsled TO comply with the terms OF his con-
tact for the fourth. In fact. IL alleges that
4 ID IN possession of proof that will estab-
kA beyond doubt that Mcleod failed to
esnply with the terms Of any OF his con-
tzcts.
The examination yesterday consisted
tsncspally OF the testimony of loggers and
hnd cruisers all OF whom, under the Sc
vsre eross-examination of Messrs. Hughes
ana Allen. admitted that under the terms
Gthe contracts Mcleod could not possibly
make anything. as in many instances IL
cost him nearly s. TO get the logs out.
When ofteutlmes tine contracts called for
eniy 81, So So and 81.