The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-09-22
His Work in Connection With
Army Post Titles.
NO DELAY IN THE EXAMINATION
The United states Attorney Explains
Because Title Has Been Defective,
Irrespective OF Condemnation Pro-
kane site-Where Lawyers Differ.


yesterday from Washington City 20 She
efTec1 that the delay in beginning work
on the army post site al Magnolia bIuG
was due to a delay IN the department OF
justice IN securing tatle 20 the land. United
States Attorney William III. Brinker, who
has had charge OF the examination OF
titles for the government. vas seen last
night by Post-InteIligencer reporter, and
said
The report you refer 10 makes state
ment which may be calculated 20 pre1u-
Dice me in the estimation Of the people
of Seattle. Your correspondent states
that the war department. is maAing an ef-
forS TO have the attorney general oyerrule
me on the question of the validity Of the
condemnation proceedings had in connec-
ton with this title. Your correspondent
has been misinformed evidently. because
imagine that the secretary of war would
hardly ask the attorney general 10 over
rule report before that report had been
made. No report has been made by me
upon this title for the reason that the
title has been 50 far defective in many
respects. independent of ehe condemnation
proceedings, that could not approve It: II
had approved II in its then condition, the
attorney general would have certainly
overruled me.
There has been no delay whatever in
the examination of this title in my office.
The truth OF this statement, ! have no
doubt. Will be vouched for by Judge
Burke, Mr.. Graves Mr.. elise. Capt. Rob
inson and every member of the committee
having the army post matter in charge.
have examined the several abstracts
promptly, upon their delivery to me. and
have reported in writing 10 the committee
without delay, my objections TO the title
in order TO hurry the matter along and 10
afford them an opportunity 20 cure the
defects before the title should be submit
ted 10 the attorney general. In many IN
stances l have examined the same tide
three times and have given the commit
tee. in each instance, promptly, a written
report of its condition. This / was not
compelled to do. My duty would have
been performed II 1 had taken the alb
stracts as presented and preported at once
the result of my examination 20 the attor-
ney general, pointing out such defects as
may have existed. For the last four or
FIVE weeks have devoted all Of my time,
10 the neglect OF other public business.
10 the examination and perfection of this
title; and that the matter might be ex-
pedited Mr. r. s. Jones. my law partner,
devoted a week or ten days of his time,
exclusively and gratuitously, j may add,
aiding me I'm the examination OF this Ute
/ remained in Seattle one week al work on
this title. while the United States court
presence at that court was required. 1T
there has been delay. you must look else
where to find its cause.
my views as 10 the validity or the con-
demnation proceedings were stated 10 the
committee when this title was hrst suo-
mitted and, at the same time. l INFORMED
them that similar proceedings had been
had under the same law in the acquisition
OF the army post site at Spokane: that /
had reported my objections 70 those pro-
cesdings to the attorney general. ana that
| was not informed whether the attorney
general had approved that part or the ute
thus obtained or not, because the commit
tee I'm charge OF that site had submitted
an alternative proposition to the attorney
general. to the effect that II the land OBJ
tanned by condemnation was not accept
ed il would be withdrawn and other land
substituted and that L had not been In
formed Of the attorney generals action
thereon. AT the request of the committee
I telegra phed the attorney general an in
curry as to whether the lands obtained by
condemnation had been accepted and was
informed in reply that they had been &C
cepted.
THE Spokane army post site was ae-
cepted under the former administration.
The present attorney general was not then
in Office. As a decision of the supreme
court Of the United States. approving a
decision or Judge cooley. was tfe ADuilna-
ton OF my objection 20 the condemnation
proceedings at Spokane. and as lawyers
will sometimes differ. l cannot assume. in
advance, that Attorney General McKenna
will take the same view OF these proceed
fngs as his predecessor, so. in the con-
scientious discharge Of my duty. l think II
will be incumbent on me. in my final re-
port 10 the attorney general. to call at
tention 10 every defect which appears TO
ME 10 be In this title: even II thereby I
shall do an unpopular thing and subject
myself TO local criticism.
"My services are. and have been. at the
command Of the committee having this
site in charge at all times. except when
more important government business de-
mands them. This the members OF the
committee fully understand.
Permit me TO add that while do not
know who inspired the article over the
signature of your Washington correspond
ent. the anmus IS evident In the paren-
thetlcaI pro tenn following my official
title
E. o. Graves. of the army post commit
tee was also seen. He said:
'Tn behalf of the committee T wish 10
say that Judge Brinker has not only dis
charged his fun duty in connection with
the examination OF titles 10 the lands tn
cluded in the army post site. bat has gone
beyond strict official requirements in IA
cilitating the work Of the committee. He
has co-operated with the committee In ev-
cry possible way. We are not only salts
fed with the work he has done but are
rarofufFuFfv grateful N him IL hae eri~-e,