The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-04-12
LAND OFFICE DEcIMoNs.

Local Decision Reversed by Commits
s1oner, Re-reversed by Secretary.
Warrington City. April z.-Spec.h--Aet-
ing Secretary Of the Interior REYNOLDS
has rendered decisions on q number OF
land contests from the state OF wash
ington- In the case OF the United states
against p. ]. Lynch and W. D. Gilbert,
transferee, from the Seattle district the
commissioners decision against Lynch Is
reversed Lynch rade pre-emption de-
claratory statement for the tracts in con-
troyersy which are situated at Hollings-
worth. Whztcom county. on september
q. 1880. alleging settlement May Is, 1880,
and after due notice made his final proof
on December /. 1890. and inal certificate
issued the same day. Upon special
agents report, the commissioner. on May
q. 1892. held the entry for cancellation
for noncompliance with the law in the
matter Of residence and Improvements
on the land
It appeared from the special agents re-
port that Lynch and wife decided the land
January 8. 1881. to W. D. Gilbert. Of Bur-
lngton, Ia, for $500, but no evidence was
found by the agent that any collision cx-
isted between the entryman and trans
feree concerning said entry. and no such
charge was made by the special agent
After hearing the local officers recon-
mended that the entry be relieved from
suspension and the proceedings by the
government be dismissed
The commissioner reversed the decision
Of the local officers and held the entry for
cancellation upon the ground that the
claimant did not reside upon or cultivate
the land. or In any manner show any
intention to do so.
The secretary. however. says that he
does not agree with the commissioner
upon the testimony. In such cases, he
says. the burden of proof rests upon the
government. and IT is required to estab-
fish the truth of the charges. He further
says that a careful consideration Of the
whole evidence and Of the record fails
to show such a want of good faith as
would warrant the cancellation Of the en-
try in the absence of any adverse claim.
The commissioners decision is there
fore reversed.
In the case Of James Sofia against Sam
uel Fernie. from the Seattle district, The
commissioners decision against Fern!e Is
affirmed. In this case both parties to
the contest made entry for the same tract
of land. near Squim bay. Clallam county,
and the commissioner in his decision or
dered that Sofia should be allowed to make
entry provided that within thirty DAYS
he would tender to Fernie a written
agreement to convey TO Fernie upon &C.
quirement of title to the land that por-
tioH VI tio idHu on Wnlcn FernleS inn
provements were located. Should Sofia re-
fuse to comply with the decision the land
was to oe patented to Fernie upon condi-
ton that he transfer to Sofia that portion
of the land upon which Sofia had male
improvements. Should both decline TO ac-
cept the decision they were to be allowed
TO make joint entry. Fernie was not sat-
isfed with the decision and appealed to
the secretary, who says that he is i'm
uvv,iS Sfc
has made a just disposition of the case
and affirms his decision
In the case Of the Northern Pacific
against John McVicker, from the Van
couver district. the commissioners deci-
sion against the company is affirmed. The
secretary says that McVicker made entry
for the land prior TO the attachment OF
the company's right to the land, and its
selection as indemnity on account of lands
lost in other places is held for cancella-
ton and subject to the prior right of Nc
Wicker.