The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-07-18
SkAGWAY SITE IN DISPUTE.
MANY CLAIMANTS TO THE LAND
WHERE THE TOWN Is BUILT.
Important Ruling of the General
Land ONCE. Touching the Claim
of One Bernard Moore. Who Set

Special Dispatch to the Post-Intelligencer
WASHINGTON, July l7.-Commissioner
Hermann. of the general land office, has
| just rendered a very important decision
involving the title to the townste of
Skagway. Alaska. in which he says that
II should not be given TO one individual.
Bernard Moore is the claimant of 100
acres of land embraced in survey No IS
at Skagway, under sections IL and IS
| OF the act OF congress approved March
| g. 1891. Moore filed his application to en-
| ter this land a trading and manufacture
ing site on September Is, 1891 and No
| vember OF the same year was set as
the time for the submission OF proof.
1 large number OF protestants have ap-
| peared, among them being John G. Price.
Emery Valentine Frank A. Twitchel and
| j. 7. Field. Price Is acting as agent for
| the citizens OF the town of Skagway,
| and Twitchel for the Alaska & Southern
] Wharf Company. Moore did not complete
| his proof on the day set and the case
was continued from day TO day until No
vember Is. He still having failed to APP
| pear with the required additional evidence.
| hts case was declared closed and De-
! cember Is was set for hearing the pro-
| tests fled. December Is the register and
| surveyor general rendered their Joint de-
| eision, rejecting the application of Moore
| because satisfactory proof had not been
| granted him leave to proceed de novo In
| the matter of proof under his applca-
| ton. and a republication Of notice was
| ordered settling February II, 1898, for hear
ing upon his application Proof. We're
| cross-examined, and March 80 was set
| for hearing the protests.
Hearing of the Protests.
| The trial Of the case was concluded
| April &. on which day c. $. Bracket. at
10 i J.
| submitted an affidavit for continuance,
| and on April p. 1898, the register and sur
| evidence in the matter of Fields pro-
| test before Norman E Malcolm. United
| States commissioner at Juneau, and be-
| fore r r.. Fuller. at Dyea, setting certain
days for the taking OF such evidence.
| Due notices We're given. and both officers
reported that no appearance had been
made before either of them in the case.
| nor any evidence submitted.
August 10 1898, a decision was rendered
| by the register and surveyor geaeral, be-
| fore whom and the receiver the cases we're
| heard, which is the decision upon the COM
| bined protests, AMI awards % the defend >
| ant Moore fifty acres OF land. being q
| portion OF that included in survey No.
| Is, lying In the shape OF an L." and
| comprised within the Following boundaries.
BE ginnins at point on the east line
OF the United States survey 10. Is. about
| II chains south or corner No. IL, thence
alongside the east line OF corner No. l.
thence following the meander line OF SAID
| United States survey No. IL and corner No.
4. thence northerly on line parallel To
the line OF Moores wharf, "a chains.
thence north 81 minutes 80 seconds east,
So chains, thence north 80 minutes 20 sec
onds west IL chains, thence north 81 min
utes seconds east. IA chains. thence south
% minutes 70 seconds east, about % chains,
to the point Of beginning.
Decision Is Reviewed.
Commissioner Hermann reviews this de-
cison OF the local officer az great Length,
"A ~ "a he
nony submitted. and decides upon the APP
peal made by MooIe that the facts foun
do not show g compliance on Moore's part
With the requirements Of the law. and
that tins Moild be proper ground for
the Geni'l Of his Application. for Moore
even with FUN compliance with the re-
Qultemeuts ~ the 1891 act. could not have
CHAINED valid right 70 the land as
against the government nj he time OF the
passage OF the iSaS law. The commissioner
therefore, holds that Moore has not shown
In himself a right TO enter land under
ms application, ami therefore said appli-
cation must he denied This decision,
rights Moore may have by virtue OF oc-
cupdncy OF townsite or other law
An Important Ruling.
one very important question which arose
"a this case and has been passed upon
by the commissioner "a upon the authority
OF the surveyor general Of Alaska Ia Fl,
in this case with the register and TO ioin
IN a decision with he latter officer TO the
eNCAlhlnN OF Anr receiver. commissioner
Hermann held that the department can
waive its own regulation requiring Joint
decisions hy register and receiver, and
that the fact that both officers did not
unite In a decision was not OF sufficient
Importance 20 prevent him from consider
Ing the evidence in tho case when II comes
before him He holds that the surveyor
general WAS without authority 20 act in
tais case. but gives tho terms OF q siip-
ulatiW entered Into by the attorneys Of
boa slices In this case. waving all irreg-
An objection was made to the cousid r.
alton OF the protests hi f'ricr. who vas
authorized tX the common council 90
SkagwaY 20 act FOR the ffe usIte c.irnp4uv
This objection, the comm -sioner holds
is untcnablc and adds That towusiir
settlers have q right DO assert their claim
ana prVtos, against acts % their ur,iu-
ditv must ba Hrdouhtei There WAS no
Incorporated town. and could not Pa So
without mayor with alt1 corporate
authority 90 act Ter tho people. nor MAS
thcro a county Judge. ami the trustee
contemplated 20 act for the townslte could
NOT be appointed ubsl A fHWu-ttt survey
had been made and approved witch q is
AA t="itAul" 20 suppose waUid Do done
whale The land was involved tr a tfer..,-..
uf che present kind D. Was through .ha
c.Wmeu council, Therefore. that the reg.
pie decided % oct 8ud thc appoint mont
bF that body ot an agent or Tepr-s tnta-
the mnst effective and .rlrtt.saila a.. ty
for the PEE pie 90 proceed
r~stimonS is InterestIuE.
Tho SUMMARY ~ thc testimony regard.
inE As2rrS l~atian ana eisIa is .rtrr-
eSiinE Moore ri~t Is iat4tlau motifs. tu
ls>' GOVERNS practically th~ same lana
BOW lp 1.sEHfn, Hna ,iAm ad re- fsr -grt-
cul-aTA er toulu pGtf .Hesa ff4 ar..
i.S faain ur the and 'hat year. tai ia
~ less ;rqn 'hAt 'nsH uta JaV n fa@
Slcn p" Hlei npt... l.a.m'u- th- tf.,.r
as trade and uaaH'n. .t.rr -te fIs
pA4t for tis survey. vbl.a 1ue approved