The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-01-27

There are good reasons for believing
that the litigation over the strip Of land
that lies in the narrow valley, between
mountain walls. on which is situated TIE
town Of Dyea, at the entrance 10 the
Chilkoot pass, viii soon be terminated
This lani was located many years ago by
Capt. j. j. Heaiy. who established trad
ing post. known as Heaiy q wilson's
store. /, touches the rim of the canyon
on either side and fronts on tide water.
Ii has been the bone Of contention in sew
erai legal battles. Its great value is af
recent date. Just now three or four COM
panies who are building tramways and
railroads from tide water TO the begin
ming of the trail over the mountains are
trying 10 set over the land.
one OF these companies was organized
at Tacoma. the chief promoter being Hugh
Z. Wallace. Of that city. ex-Democratic
national committeeman. The Wallace
company planned 10 build railroad fron
tide water TO the mouth of the canyon.
about nine miles in length. there to con-
meet with tramway. over the summit.
Progress was blocked By representatives
Of Healy & Wilson. One night 4 force
of men stood guard with Minchesters
rammed full of cartridges. The Wallace
people had planned an attack on the for
iess. The fence across the tract had been
torn down. Blood was not she'd but the
escape was narrow one. When hostili-
ties were at their height the representa-
tives OF the Wallace company applied TO
the Federal court for an Injunction re-
straining the Healy people from interfer-
ing with their operations. This was
granted on fling n bond for $500 10 Sc
cure the owners Of the land from dam
ages should it be determined that the rail-
road promoters had no claim TO their
risht-of-way.
John +. Maloney, the well known Jul
neau lawyer. who returned recently from
an extended business trip 10 the East.
Will leave for Dyea today on the City of
Topeka. Mr.. Maloney spent some time in
Washington. and while there presented the
claims of Healy * Wilson TO the land Of
flee for a patent TO the land. 1t seems
that. although the land had been regu-
lariy entered. Land Commissioner S. w.
Lamoreaux had rejected the application
Tor a patent 10 the lands on the ground
that there had been an irregu!arity In the
survey. This fact placed cloud on the
title Of Heaiy & Wilson and resulted in
considerable litigation.
Mr.. Maloney's chief business in Wash
ington was to obtain n reversal of this
ruling and favorable action on the appli-
cation for a patent to the land. Commits
sioner Binger Hermann. after hearing the
evidence Of the case. set aside the ruling
OF his predecessor, and ordered a Ie-sur-
vey OF the land. This had been accom-
plished. Mr.. Maloney said yesterday:
Il am expecting favorable action by the
land office daily. There Is no doubt what
ever that Commissioner Hermann will or
der the patent issued TO Healy & Wilson.
When this is done, title TO the tract VIII
be vested and those who have no rights
on the premises will be expected TO va
cate. | do not wish TO discuss the stand
ing of the parties now at Dyea. The OBJ
lection made TO the claim of Capt. Healy
WAS that the land was not located in rec
tangular form. The law gave him the
right TO enter on 10 acres of land at
Dyea but IL specified that the land should
be surveyed and located In square form or
as near II as possible, Owing to the con-
tour of the ground this was almost i'm
possible. The government could not ex~
poet us to climb a mountain. The tract Is
bounded on either side by stream OF
water with mountains on either side IL
comprises about li9 acres altogether"
Mr. Maloney would not state what
course would be pursued towards the
Wallace company. IL is probable how
ever. that terms will be offered them and
that IL these are not accepted. an effort
VIII be made 10 eject them from the
ground