The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-10-30

Paciac LAnas-Two Honesteaders
and = humber Firm to BE sued for
Illegally cuttins ana sellinx Cow
ernmens Timber.
Washington City. Oct .T-Speclal.-Bon
river. otherwise known in the vicinity OF
south Bend and Bay Cerksr. Pa.ifie coun
~. Washington. as Quai,land slough. and
borne on the government maps as Quer-
qsiil.an river, Is rhe subject Of a very In
ieresting essay just issued from the in
terror department and bearing the bod
Signature OF Secretary David r. Francis.
Bone river seems 20 be very appropri-
ate name for this stream. or inlet or
slough. for il has been bone of confen-
ton between certAin citizens OF Pacific
county and She land once officials ever
since the government ordered survey OF
The meanders thereof. The case came be-
fore the secretary upon an appeal OF
Charles AFFORD, John Mckenzie and BEN
lan,in F. Armstrong. from a decision OF
Commissioner Lamoreux rendered March
H. this year. in which the official survey
was approved.
This survey was ordered by the general
hand ONCE in 1898. embracing so much OF
the southeast corner of township IA north,
range 10 west, in the Vancouver land dis
trict. as had not been previously surveyed.
This included sections IS 26. IS and So. and
che meanders of Querquilan or Bone river
were in section S.. The survey was made
by Deputy James c. jeffrey. Surveyor
General Watson approved Il and In 1895 II
was examined by Special Agent John c.
Rrophy, of the general land office. who
reported 1t correct
QuerQuillan river. as shown by the sur
vey. is stream flowing through section
B. in which the tide Gibbs and flows. 1t
has. in section s.. a mean right-angled
width OF about one chain up to the point
where the tides are met by a mountain
stream. At high tide the river Is wider by
one-half and from eight to ten feet deep.
AT low tide the bottom Is exposed. except
wher the mountain stream flows In the
channel. The meander hines Of the river
were fixed by the survey on both SIDES.
from It's mouth up to the point where the
tide ceases.
Now the citizens Of South Bend and of
Bay Center wanted bridge built across
this stream and strenuously objected TO its
meanderSng. A petition signed by Us resi-
dents OF these two towns begged the COM
missioner of the genera. land Office not to
approve the survey. and Senator John l.
Wilson and Representative Dooiittle were
requested TO use their best Offices in bring
ing about the result desired by the citi-
Gems. Pacific county had laid out a road
and graded 1t from South Bend almost to
the river. The building OF the desired
bridge. 1t was alleged In the petition.
would be embarrassed and hndered IL the
meander was approved. In the petitions
the river is spoken OF as "a slough Into
which a small brook empties.''
Commissioner Lamoreux approved the
meander. however. and Messrs. AFFORD,
Mckenzie and Armstrong appealed to the
department. Their counsel went so far in
the appeal as to allege that there is no
ravfgabie river or stream OF any kind in
said section and no ouch tide water stream
as Querquiiian river" This. the secretary
says, is contradicted by the petitions as
web as the surveys. and the attorney for
the appellants is mildly censured for his
idle TAX" Such stream as this Is
shown to be Is. in Mr.. Francis opinion.
least twice a day. He therefore d!smisses
the appeal with this terse sentence:
"Querquillan river. In section s.. was
properly meandered."
Secretary Francis, exercising the discre-
ton allowed him by law. has authorized
the commissioner of the general land office
to allow the special maximum rate of SIS
a mile to Messrs. Stixrud and Mastem for
surveying that portion OF the international
boundary line forming the north line of
township 10 north, range Is east, in the
state OF Washington. The special instruc-
tions given to these surveyors by Surveyor
General Watson are approved. involving
an estimated liability OF $50.
Attorney General Harmon has been re-
quested by the interior department to
bring salt against the Northern Pacific to
vacate patents to 81. 400 acres OF land pat
ented TO the company May "a and e. 1895.
enormously. This Is done in accordance
with the former ruling OF the department
IN the case OF Spau'dng against the North
ern Pacific. and also the departmental in
structions Of July 9, 1896. by which II was
held that these lands were forfeited by the
act OF September 49, 1890. The commits
sioner OF the general land Office made a de-
mand upon the company to reconvey these
lands 10 the government. but this was re-
fused. hence the suit Is to be brought.
| o. p. ShsIrtz & Son. a numbering firm in
the state OF Washington. Is in trouble for
having purchased timber cut upon gov
eminent land by John ". Boston and Ell
Snive,y. Boston took up a homestead and
cut therefrom 100000 feet Of pine timber.
Subsequently ne abandoned his homestead
and II Is alleged that Shrrtz & Son took
the remainder OF the timber left standing
on the claim and also cold that In the
case OF Snively about s5o 200 feet OF tim
Der were cut. and II In claimed that a con-
siderable quantity OF this was hauled TO
the MI after a specisl agent OF the de-
par;ment had notified the parties that they
were violating the .aw. The government
ncrw proposes to bring sui. In the United
States courf in the district OF Washing
| ton a~airst not only Boston and Snive'y.
but also against Shurtz & Son who It IL
| believed. were equally guilty In the prem
| ises. The value OF the timber taken Is be-
| tween Aoel ard 5000. and civil suit TO
| recover this viii be Instituted, al well as
| criminal r~cceedings against each OF the
| parties named
| Secretary Francis mas granted the appM-
| cation Of Samuel r. Holconb for a review
| Of decision rendered by Secretary Hoke
| Smith July l. 1895. Hoicomb applied so
| make homestead entry OF lots and q in
| section 10 township - north. range q west,
| watsrvi..e land district, which land Is also
| slaimeS by the Northern Pacific Railroad
| Company. Secretary Smiths decision az
1 firned that OF the commissioner Of the
| genera. land Office rejecting HoIccsn5's ap-
| pfEcation. Secretary Francis says that
| Hoiconb has shown proper grounds fer
/ reviewing the former departmental deri-
1 sion and that rehear!nx Will be given
| providing the piainsfr serves due notice
l upon the railroad company and makes a
| return Of Sach service within 30 days