The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-02-28

=. old scheme 10 GobbIe school
selections Up Again.
GA ARGUMENTS ~ TIE CASE.
w-~.~a. ~ aoo .osso Acre. or Lard
au.sav.a in n Land once Con
s~st - BE- Heard.

- 49, refused. ard MS appeal was
49, % me commissioner OF The general
=. onsoe and - thu secretary. Upon
-. agJNIc2frsu Of certain Influence" an
= hearing IL nov 10 - heard az such
=. a. snail be to the early convenience
= n department.. after notice 10 the at
serney general u the state q Washing
-. xh9 APPEARS IA opposition 70 the
ssrv The case Is being fought with
-srh aarnestaess and legal skill on both
ssex
Tss case Of Todd is one of about forty
= ssssIzr character, who are represented
= re sane counsel. Should the dgnE
sseeeec. the state VIII lose some $4,000
.ssih q seisool lands. Ii importance this
sss.est far exceeds the famous Mcbride
.aa4 xrab fight, upon which the secretary
! PCS al work writing ms decision.
re land CASE referred 10 above is. In
n records % toe land Office. new one.
ket il Is ore Of a series. involving the
-. question. when have been before
a. department and IN. local Offices ever
saee the state vas admitted into the
ra10H The states title 70 between Ds1e9
al so.sa acres Of land AT present
ssasrnsd ~ II Ia involved in the final de-
ra4on o. the points in controversy, al
sf#Hgh only a small portion Of thfs land
/. Al present In contest.
efsn provisions OF the organic act under
x4eh the fret territorial government was
tstabIished aad upon provisions OF the en-
sh.sng art under which the state was adj
nstsea into the Union. Under the first act
reservation Mss made tor the uses OF
ihe fafure state. Tor school purposes, ~
so SCI ions in every township which had
ssaa or might be surveyed In the terri
ssry. the sections specifically reserved be-
ae fhoss numbered is and So a further
efox.slsn Was that in case. at the time of
survey. any actual settler should be found
Of the reserved school section. he should
- permitted to perfect his title uaGcr the
snd Lass. Baf in lieu or indemnify Tor ihe
and - lost a selection should se made 0f
a. equal amount 81 lands ia other sec
ionn which should DC reserved from en-
III and kept for the school fund Of the
future state. The enabling act made ah-
solHie the grant 10 the state OF sections
x ami -. huf WAS silent a. 10 this lieu
er Indemnity land
During territorial days selections OF in
a.unity schooi land were made from time
70 time. a. new townships were filed. 10
gaake mn deficiencies arising from selec-
Bfns made bs settlers ~ advance OF sur
ssYs and the tracts 80 selecied were
EifhIrawn from entry and marked on the
a,afs as reserved foF school purposes
Aaother class 1T EeieNtioas known a. de-
aessncy sele~tions" we're also made. Many
ef the regular achfsa sections is ana -,
zfen surveyed proved to be bordering On
lhe Sound only small portion being
hsh land Sofsea 20 these sections thus.
instead ~ containing d fun go acres. con-
SISTED ~ bat small fractions" 81 few
acres in extent. The authorities construed
the organic act 81 the territory a. an-
tborzink a selection ~ lieu land 10 be
made % compensate ror these deficiencies
from natural causes. 50 that an actual
- acres Of school land should ht held
a. reserved for srhool purposes IN eech
tesnship surveyed Stseh deficiency SCI
ieeaans were made in very large
amounts.
ssfs local attorneys became impressed
xish the idea that these selections ana
reservations we're made without authority
81 Law. and we're void and that The land
uas omen - entry under the general lana
lsws NEUTRALITY-SUSPICIOUS. the reservation. IN
les a number 81 attempts we're pstde 70
enter lanls al t}is character Particularly
n the vicinity OF Seattle where there -
large amount al this indemnity school
ianB Charles " Corliss was tho attor-
ssy FOR some forty or these entryuea.
many ~ whom went 20 reside on the land
sna have been living fhere flr years whll-
tfg a naal determination 81 the eases ~
~ land ofice and she courts.
The contention ~ tire attorneys Tor INC
tnlrtaea Was that there was 20 prpNihson
Z The enabling act for the selection OF
sav lnaenn.ty laufs for the deficiency IA
ara 81 any school section which arose
frons natural causes. suah as ite bordering
as tho nnfrts 81 the Sound 0r "a lake.
Further. that The net under which The
state Bas admitted granted only aecthilis
y and 81 ia each township 90 The STATE.
snd contained ua Ertgt 3l reserved rtu'ii
Anfs ie anT other sections.
an MaN N
tha reservation under Use orgaue law -
Sc TERRITORY was ~ two flil sections N
- sores ssrh. AMI hat the law conicm-
Fafei Selections Co BE- made in case ~ de-
fefrrF. pa bring the area of lands re-
SERVED for school purposes go 'o mar
Antant .1 each surveyed township. ann
thaf IRE srsnfiuf arf s.funlv made q fnai
sfanl of what land had been by iaw re-
ss1fi. era Jhat the tUo laws should %
es-s,rus3 toEclhcr'
Ia every ease 30 far The l9cal officers.
ne general iald Office ana the secretary
hsYe construed the Jaw as conien.ied Tor
Hf iae state ana against tee claims % the
fata-l-e e1'ry1re1. except ~ one instance
2 iNo whom Commissioner stone, 81 70"
fsrsfal laad office. decided ia favor % the
ta,ffuap. a decision which was sabse-
nHfgflF reversed ty fhe secretary.
Fo3oNiHE the latter dec sion. every case
Hhirh Subsequent thereto has been before
as land office has been reversed pro
saF1a. referring to the decision Of TIE See
fsssfs as autheTiU- The attorneys for The
saift 01sn. however. have persisted ~ OF
hfns entries. aod taking appeal after APP
Feal thas keepanE She entries alive.
ne 5as3 ea-e IS one of the later one~
Us sBtry was rendered August 3. ISIS.
- southeast quarter II section 2, town
s'a > eerta range * east, }ea acres, lying
Bar Re8Hnshsn hay. short distance
II rafar Z
9 lie lssal oaiee. ans he took aa appeal
Alfast 20, p3e. ~ the commissioner. On
SEPTEMBER IS 1854 the commissions suS-
Aae' tae local c1ice and Tosit took an
sFfes. IN tho secretary. Il IS this appeal
Nsiea tae secretary has decided 10 per
wal arguments
Eas Is sirtaafly. a rs-snentug ~ all the
- Ger shoul1 she secretary. % the
fts, der5fe asa nSt ghe state al 81
ffevhot-s Decisions W7pult thereby be-
ae reversed and all 0T Cha entry ffaca
- eaFe 1aeir eutCts geigstatea. THIS
renders she aet5an ~ She secretary q
sFs'ae Importance
4hs seton ~ tks department is not
- hosrfeF. even Nhen tbe decision
es whether g ha for Sr aEainst TIE
TIE courts 30 not held the decis-
q TIE infeFtsr department or q0es-
= taw aiu3inE on chem Scou og
re Whs'ls matter wtl have 90 cone
70 the eosvts. ard thra8rh tbe slow
49, = ttsEafleu ultimately 90 the SD
esTt ef ghe attei States, tae only
nS3 Whtrh can anaflH FOR as tiue set
~ qneS.ssse involved
:" &c aaean-inse rha t.tie % fhe state 90
Fsi hundred shaus5nd acres OF l4ui
a1s es7a18et ana the trtrs nlen a~s
aR iH SsHne - fh= }sest years of thtl
esalne 8.rSu. cialass 10 which
1ess esrssn prezf.e-t. -l.E -
katn as ttte.
-. W. you want csaI free from ryck. cir