The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-08-04

eousrsssso-e-. Who reiecesd the appisca-
ton az Henry r. BsEiups to make entry
for a tract Of ssn1 u sAs wa.sz wasia land
district. TIE sand ma. IN the tnaemnfry
limits OF tire Northern Pacf0c Railroad
rorroary. ~ which II was selected March
- issf TIE orpsny loses its appeal in
its contest against William NJ wEkerson-
involving q tract OF laad IN the WaIla
wa1la land district The land was In the
indemnity limits Of the grant 20 the
road. which selected II December II. fss5-
II sorezrsa that william Ccfmaa- SET
si.d upon the tract IN the spring OF that
year and afterwards sold 20 wfskerson.
The secretary concurs n the findings 81
rfA commissioner that CoHmann was .
settler on the land. and qua'sa~i to en-
ter the same under ne settlement laws
at the date of the ccmpanyss selection the
ians rot h4.ng subject 20 such selection
The Northern PscfSe railroad wins It's
contest against john Drew. involving
lands fn the Spokane land district
Secretary Smith has reversed the deci-
sion % the commissioner OF the general
land once IN me case OF James J. An
derson W. the Northern pa~tfr road. The
case was decided against Smith. who
appealed 70 the department The entry OF
Ancersor's was q coal declarasorv efase-
ment in rfe Seattle land district The
commissioner held that the lard. which
Pscffc Railroad Company. passed
TO the company on tire fling OF the
map OF definite location on March 5.
1854 At the time Of the fling OF said map
the land was covered BY pre-enpsion fl
ing and the commissioner held as sad
pre-ennpsion niinR had expired IL did not
except the land from the grant. The sec
rotary states. however. that this ruling
has been changed hy the department since
the decision OF the United States supreme
court IN the case OF whitney VS. Taylor.
II being now held that fling az the
date OF definite lcca ron. though the same
has expired. excerpts the isna from the
operation of the grant and therefore 10
reverses the commissioner. allows ADDER
sons application. and rejects the seaec-
ton OF the railroad company.
John A PrentIs wins two contest cases
from the Northern Pacific Railroad Com
panv, ore a homestead entry and one
desert land entry. In the w,terville land
district The local land officers rejected
his application for conflict with indemnity
selections OF the company. The commits
sioner on Prentis' appeal reversed the local
ofhcer's decisions and the company appeal
Cd The secretary upheld the commits
stoner ana Prentis gets the lands.
Similar cases in the same land district
were won by John Buchanan and Frank
N Alexander.
Patrick Anrr1v WINS O. contest from tho
Northern Pacific Railroad Company IN
volving land in the Olympia land district.
On November IL. 1894. Murray made APP
plication TO purchase the land under Sec
ton OF the act OF March :. 1887. Tho
company filed a protest against his final
proof but the local officers recommended
that the application be allowed The traa:
is within the primary limits OF the grant
to the company. and opposite the portion
OF the road extending from Portland 10
Tacoma, the grant for which was made
by the Joint resolution OF May 81, 1910.
The records of the commissioners once
showed that j. C. Lewark made pre-enp-
ton declaratorv statemen. for the tract
October %. alleging settlement Oc-
tober t. 1869: that said fling Is stiH
intact and that on June 50. lsss. the COM
pany listed the land on account OF It's
grant The commissioner approved the
recomm endation of the local ofncers- Tne
company appealed TO the department. The
secretary, in his decision. stated that
there was no error In the commissioners
decision. holding that the declaratory
statement OF I@wark excepted said land
from the operation OF the comnany's grant
ana accordingly affirmed the commission
ers decision.
John ]. Combs wins similar case in the
same district. as does Ambrose Martin
The secretary has reversed the deci-
homestead entry OF William l.. West In
the OLYMPIA land district contested for
hy the Northern Pacific Railroad Com
pany.
In the same land district Arthur J. Sim
mers wins his contest case against mo
same company. which involved nome
stead entry.
Ths Northern Pacific railroad loses It's
rasa against Edward W. Kline involving
a homestead applioation In The Vancouver
land district, which was situated within
the urinary limits OF the grants 70 the
company both by the act OF July :. Net,
and the io'nt resolution or May 81. lsfo.
July 10. 1901. Edward w Kline appieo 20
make homestead entry OF the iano. ana
~. eradication was rejected on the same
saw Tor conflict with the grant He ap-
rea1ea ard the commissioner sustained
.na ,oc,f officer. and Kline again appealed
"a .he department. Secretary Smith, IN
decfainr the case. quotes tnst OF spanid-
w. va me company. when II was held
a.s., All lands within the limits OF the
r-srt asiusted 10 the lines east OF Port
,a,s are forfeited and restored by the
g., - Sentena,,er 20 1890. without regard
"a ,ne limits OF the adjustment upon the
roaa north OF Portland He says tnat
,he land IN controversy faiis WITHIN mat
ea.srorv reverses the commissioners DE-
cislar and orders that hhnes homes'eso
ar,n,ica.ton ne allowed.
uoka Smith has affirmed the decision o.
.b. commissioner Of the general land OF
a.. Who decided that Mrs. Emily q.
.h-,,,s xuereeded 20 her husbands rights
- homestead entry IN the Walla Walia
,ars af..rict. The land was In the indern-
So limits az the grant 70 the Northern
psciac Railroad Company but II was
-,o,.,, ,hst u was settled upon prior TO
,ss selection nv the company. Edward
II Abrams resided upon. cultivated ana
,,,,rroyed the land for FIVE years. and died
,r r,,iv 1901. leaving widow and severa
cs;ssren who have since occupied ana
rult,vated the tract
mn. secretary has modified the com
v,tss,oner's decision. who awarded por-
,,o, ~ the land IN the Vancouver dis
.r,rt 70 John A. Young and portion 10
.na Northern Pacific Railroad Company.
Tho ,rsc. Il in Domain that was for
ss,.es ana restored 70 public domain by
,ba ar, OF september -. 1890 and the sec
,...rv directs that Young shall have all
:. ere tract in controversy unless some
re.sor appears other than the claim or
,bs railroad company.