The Mason County journal. [volume] (Shelton, W.T.) 1886-1927, 1900-11-02
An Interesting Oyster Case.

An interesting oyster Ease.
Judge Linn has decided the case of
Bremen Bros vs. the State of Wash
| ington. This case has been pending
on one form or another for nearly a
year, and is quite interesting and i'm
portant to owners of oyster lands, IL
was a suit in equity to correct appli-
cation ard deed OF oyster lands. In
the early nineties Mud Bay Charlie,
an Indian, applied for Il claim on Mud
Bay. Before he had paid for it and
obtained his deed, he sold alt of his
rights in the application to Brenner
Bros. The tract of land was surround
ed on three sides by shore land and
the channel OF Mud Bay, and on one
side by a line running east and west;
that Is, Mud Bay Charlie intended to
apply for all the lard south of this
line, running east and west and bouu-
ded on the three sides by the channel
aud shore lands, but by mistake OF the
Surveyor employed by the state, por-
! ton only OF this tract was described
IN the application made from the plat
OF the surveyor. After the purchase
OF the land by Brenner Bros. a deed
WAS issued IN pursuance ri the appll-
cation, which failed 10 describe ali the
| land embraced in the tract supposed to
be conveyed. Mud Bay Charlie and
his assignees, the Bremen Bros, i'm
proved the whole tract, which has by
this time become superior oyster
ground. The state employees charged
with keeping poachers off the oyster
reserve, never interfered with the use
% lie whole tract'of land until some
time last year, when survey OF the
premises disclosed the fact that all the
lands in the tract were not embraced
in the deed. Up to the time of the
discovery oi the mistake, it was sup
posed by the public, as well as the
officers OF the state, that all the land
| in the tract was embraced in the APP
plication and the deed. As soon as
The error was disclosed the Bremen
Bros. Immediately set about to correct
it. They first applied 20 the board OF
state land commissioners for the relief
they sought. They were contested by
mem ers of the oyster land commits
sion. After tedious and labOrious
investigation OF TIE facts, the land
commission determined that the facts
as above set forth were correct, but
that they had no jurisdiction to cor
rect The error. The Bremen Bros.
Immediately applied to the superior
court for Il writ OF mandate compel
ling the board Of state land commits
sioners to take Jurisdiction Of the mat
ner and determine the issues involved
Judge Linn, after a carefnl examina-
ton Of briefs and authorities submit
ted On the one hand by counsel for
Bremen Bros, and on the other hand
by counsel :or the state. decided that
the board of state land commissioners
had no jurisdiction to grant the relief
sought, and, thereafter denied the writ.
Bremen Bros. thereupon began an
action Ia equity IN the superior court
to correct the application aud the deed
setting up the facts as above set forth,
and after the trial the court took the
matter under adyisement Judge Linn
decided yesterday that the facts as set
out by the Bremen Bros and testified
to by their witnesses, were in the main
correct, and that they were entitled to
a deed from the state correcting the
error and embracing the lands that
were lett out OF the former deed from
the state. The former deed from the
J state also conveyed tract of land
running out into the channel of Mud
Bay, and was not suitable for purposes
of oyster cultivation, or any other
purpose. This the Brenners will ne
required to deed back to he state, in
order to correct the error. The land
secured by Bremen D,os. comprises
four or five acres Of first class oyster
land. They will be required to pay to
the state eight dollars per acre for the
same, being the price the land sold for
at the time the former deed was issued.
-Olympian.