The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-03-11
SMITH ENTRY VALID.
Judge HanfOrd So Decides the
Test Land Case.
CHARGE OF FRAUD SUSTAINED.
Methods OF Land Department in OBJ
tanning Evidence Held to
Be Illegal.

with interest all over the country. Judge
Hs1ford decides. IN ccntTaveniion TO the
general land commissioner and the sec
Rotary Of the interior. that the original
entry OF the land by @. ". Smith Is valid.
and declares the StimsOn Land Com
pany. which claims lis title through Smith,
Is the true owner of the land. As the
decision contains fun resume Of the evil
dence and proceedings. IT is here given In
fun.
The pleadlngs and proofs in this case
show that on July 5. 1884. George W. Smith
made entry In the United States district
land Office al Olympia. of the northeast
quarter of section "A. township 81 north, OF
range east. containing lSo acres, under
the act Of congress approved June 3. lsIs.
entitled An act for the sale of timber lands
in the states of California, Oregon, Nevada
and in Washington territory Supp. r. S.
"a ed. is7. and paid therefor the sum Of
$40. besides fees amounting to $40 ard there
Was issued by the receiver of said land office
a certificate Of said entry and payment.
Afterwards by mesne conveyances from
said Smith, the said land was conveyed to
the complainant so far the said entry
man and his grantees were able to convey
the title In the month Of January. 1876.
a special agent OF the land department Of
the United States reported to the general
land office that the entry OF said land by
Smith. and also a number of other timber
entries ana presumption claims OF land in
the same vicinity had been made in the
interest of the Muskegan Mil Company
and on May 49, lsss the commissioner of
the general land Office. by letter to the
registeT and receiver of the district land
office. ordered that all Of said entries, in
Guiding the entry OF Smith. should be held
for canceiition, and subsequently,, in pro-
ceedings before tho register and receiver
Of the district land Office, Initiated and con-
Quoted by officers of the land department.
testimony was taken 10 the facts con-
nected with the several entries so reported
to have been made in the interest of the
Muskegan Mil Company. and the character
OF the land. and other facts affecting the
validity Of said entries. and as the result
OF said investigation, all of said entries
including the entry Of Smith, were by the
decision of the commissioner of the gen.
erai land Office and the secretary of the in
terror. cancelled. and the money paid by
Smith has been retained by the United
States as though il were forfeited. Since
the cancellation Of Smiths entry the de-
PENDANT has obtained a patent from the
United States conveying to him the title
TO the same land The complainant claims
now to be the trIe owner Of said land not
withstanding the action of the land depart
ment in cancellng Smiths entry and issu-
ing the patent 20 the defendant. and the
object Of this suit is to obtain a decree de-
claring the complainant 20 be the owner OF
the land and that the defendant holds the
title as trustee. ard requiring him TO con-
vey said title to the complainant.
In the bill of complaint and argument
made on behalf Of the complainant. the
charge is boldly made that the action Of the
land department In canceling all OF the en-
tries referred to was fraudulent in this, that
by threats and intimidation they prevailed
upon the several entrymen to appear as
witnesses for the government before the
register and receiver OF the land Office and
in giving their testimony, to give false
celaring 10 the facts. and also 90 refuse TO
answer questions propounded by the rep
resentaiives OF purchasers OF the lands
and that the decision was based upon testi-
mony so given under duress And it is
proven by uncon;radicted testimony that
an agent Of the general land Office read to
the several entrymen before their testimony
was given The following letter from the as
slstant commissioner OF the general land
office:
Refer IN reply to this initial "P."D
Department Of the Interior, General
Land Office. Washington CIV. May 10.
lSS6-James NJ. Carson. Special Agent G
l.. O. Olympia, ". T-Sir: Under date
Of January ~ and 2. lsS6 John c. Thornp-
son. late special agent. reported the fol-
loving pre-emntion and timber land cash
entries in township 81 north. range 4 east.
a having been made IN the interest Of the
Muskec4n Mil Company. viz: Timber
Cash Ne. SEQ. July ;. 1854 James n. Han
neEan. W Of Z. See. a. Witnesses.
Charles N. Park and Magnin l.. Martin.
Hostof'ice address Whatcom. W T
Timber Cash No. s,s77. July s. 1884. George
". Smith. y = I. Sec a Witnesses
Gustaf Han and Edvart Smith, Whatcoms
W r Pre-. Cash No. S.sS4 Julv
:, isSi Van w. Chapman. y T. I Sec. ..
Witnesses, Charles NJ Park and Thomas
J. Lyon Whatcom. W. r. Pre-
Cash No. S.sS3 August q. 1854 George G.
Curtis $. w Sec. "a Witnesses. Michael
Anderson and William Carlay, Whatcom.
w. 7. Pre- Cash No S707
charles NJ Park. July u. 1854. r OF r
: See = Witnesses. Thomas J. Lyon ana
Van. ". Chapman. What~om. W. T.
By letter ~ this date TO the local officers
said entries have been held for cencslIs-
tton ono other entry in this lot Mr.
THOMPSON oil not report upon. viz: Timber
Cash NJ. S.fs3. OF Eivart smith for lots
anf T. and : . y. W. I Sec 3 T 9s y
r and on Nav inst Won were a.
r"e'ed TO investigate and report upon the
sam" a. early as practicable As you are
IN possession - Mr. Thompson's papers.
presume you have the data upon which he
based these reports All the lands in
VOWED We're transferred on the same day
cor shortly after. entry was made 10 Stin-
son ana Park. who are members ~ NJ
agents f1r. The Mask cyan NM ComoarY ana
'FtAR4o Thompson appears 70 have been
Instrumental in rr0-if-irx rartfes - .-,.,L.
entries Nou VII ~ once confer with fha
district attorney and l7N an the facts he.
fore him f1r tho pur0Cea OF havin- STU
son, Park ard Thompson ard any other
7FFtretrsais prose -ute9 for ~rrSo.-,..,- AM,
sihornatton oF perjury. AMI the entrvmen
-n"ili %" Prosecuted far perjury ANY ~