The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-11-27
THE RAILROAD LOSES.
4 DArcH or LAND OFFICE DE-
CIsIoNs HANDED powx.


CIsIONs HANDED Dowx.
Ten Are Decided Against the North
ern P.~iac ana TIVE Adversely
60 Beth Csafraats-The 0reas
Islasa Ismc Mine AxsiH-SiHe
Claims hy snasvsausis. OPP
posed ny the sorfhern Partac
Company. Decided In Favor OF the
Former.
Washington. New -Sacrs-a-- Francis
has rendered decisions IN fifteen land
cases appealed fer his decision from the
general Lard ore ard affecting land
grants 81 the state q WASHINGTON. Twesfe
OF shs number are controversies esswsen
tae Northern pacsHc Ts5srsast Company
ard private claimants. and 81 these ten
were sseeided adversely 10 IRE Claims OF
the company. and tSo n fsvor OF neither
railroad contrary or esassnans.
First among she cases astween indivsd-
usis - the action OF Lee Wheeler ard
others versus Eswsri s. Smith, concern
'nr section p. range west: section 81.
range : wSst township n north. where
Smith hss located the s%tarcas Island Lime
Nine" Smith ane,sed for sl.le 10 sections
~ ard 81 townshsn s.. ranges and west
both In the Seattle land district an err
roneous statement Of the real position OF
the lard TIE land cfsice, though the mis-
take n designation was its own. held tho
land claimed for cancellation because OF
the error. This decision was modified in
the Office OF the commissioner so that
Smith should be allowed 20 make entry
for the lard he clskm~d upon showing that
he had given proper new notices" etc
The new entry provoked objection. how
ever from T.se wheeler and l. II. Wheel
er. parties in the action. who alleged the
location OF the s'Esn Harrison Lime
Claim and. the Seattle Lime Gain"
which embraced heswcen them all the land
which Smith claimed.
The claimants carried the action into
the superior court OF the state. which rem
dered a decision In favor Of the wheeiers
Smiths assixners. the Puget Sound Limo
Company. appealed the action 70 tire SUI
preme court. where the case was remand
81 20 the lower court with an order 10
enter q new Judgment. discovering neither
party TO he entitled to possession. Smith
then presented the judgments az the local
lard offce setting forth that the United
States land once was not bound nv the
decision OF the supreme court OF Wash
irgton. whereupon thu whole record Of
the case was forwarded 20 the land ONCE.
Here a third decision. differesng from
zach 81 the others was rendered. the Of
nee deciding that the placer claims OF the
wheelers entitled them To the land. and
that the once was not hound BY the de-
cistons Of tSe supreme court Of the state.
Smith further apneaied TO the secretary
Of the interior. who handled all the previ-
Gus decisions without gloves. and rendered
the following on'nson. 'sF'irst--H WINS the
Attsv of h. ~yq4 1ha xxsi4A &8>a z4o-
position of tho public lands TO correct the
error In designation Of the original claim,
however made ard whenever discovered.
Secord--The dictum Of the supreme court
OF Washington ~ without any force what
ever. Third-Smith could obtain no patent
TO the land IN question as lode claim and
the location OF IL 49, such WAS a nudity.
Finarv. as the orcas Island isnae lead
claim II nuiitty. ard "a the state aupe-
rser court has rendered. Judgment against
the adveve claimants fthe W-heelersl. III
IL directed that neither OF the parties are
entitled 10 the land In controversy. !" A.
submitted by the secretary the record OF
this case Is voianinous. covering fully
fourteen typewriter pages.
Charles Axford. John Mckenzie and
BENJAMIN Il. Armstrong appealed from a
decision of the land office anrrovinE an
oTirisi survey of fl,e naen aGering OF
Querauillan river. section Is, township
~
trict. Deputy James Jsffry has SURVEYED
the district. discoveries the ouercuiiian
to be tide-river, with hoftom exposed Mt
low tide exeept where the mountain
stream flows into the channel. This re-
port the citizens OF souii, Bend and BAY
Center protested. declaring that they
were about To build a bridge across the
river ard construct good read through
much OF the land involved. They called
the fats Guaitland slough or Bone river.
They therefore urged an appeal on the
following grounds First. there Is no
"ouerquillan" river. second. the river re-
ferrsd TO is not navicable. and third. n
is not tide-water stream. As Secretary
Francis finds the facts IN conformity 10
the legal definitions Of navigabie river
and tide-water stream he also affirms the
survey.
Ernest Howe appeals from an office de-
clsion affirming the homestead entry OF
Norman Sherman 80 lot and the south
west quarter OF the northwest quarter
and the north half Of the southwest quar-
ter OF section "a. township % north. range
I west. Seattle district OF this claim
Sherman relinquisned lot ) and the south
west quarter and the northwest quarter
Of said tract. Howe applied To contest
Sherman's entry. but refused to deposit
the S. required by the department "a con-
test cases. and the Office refused TO hear
his appeal. lie therefore appeals further
TO the secretary That Officer however.
construes the objection urged by Howe
against the fee as charge OF fraud
against the local officers and hoids fhs
proof offered In support of the charge
Insufficient. The claim Is therefore sus-
tanned
In the actions concerning the Northern
Pacific nine were conflicts between with
drawais for the company and separate
prior claims by individuals. They werc
all decided Ia favor Of the latter. They
were:
Andrew ~. Jauses-Lots ! and and the
8. u of the n. E. y section l. township
Is north, range IS east. Walia Walla dis
tTsct.
Jonn NJ Mackintosh--S a of the 8. w.
u OF section IL. township IL north. range
81 east. wA.la WasiA district.
John II. Nsedham-N. n of the s.. r.. x
and the Il. " of the 8. W. 4 OF section
-. township 10 north. range 10 east. North
Yakima district
j. RI. Mliler--N. a Of the n. r. :. section
Is. township q north, range 20 east, Wa
tervilIe district.
John III. Romaine-E. n OF the ~. w. Il
and the w. Il of the y. f. !. section ..
township II north, range . cast, Waila
Walla district.
Robert wailace-w. & OF tho ~. r. !.
section "A. township Is north. range Is
esSf- Sortb Yakima district.
Alexander Aurray-E. \ Of the 8. e. II
and the 8. z. 4 of the -. r. Z section
8. township y north. range % east.
r. NJ. Birds 4 Of the s. W. Z and
the s. E. y Of the 8. r. Aof section q.
township = north. and lot OF rection 4.
township n north, range p east
Jacob Powesi-E. X Of tho n. W. !. and
the w. 4 of the ~. r. 4 section %. town
ship q north. range - east.
In the othe. actions ts,~ = e y OF The