The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1906-10-02
Charges Against {. c. Macdonald,
Assistant Attorney General.
COLUMBIA CANAL CO. SUES FOR $4,000
ALLEGES THAT ATTORNEY GRAB
BED UP LAND INTENDED
FOR PETER BAUER.

Charging that it has been injured
to the extent of $4,000 by a betrayal
of trust in its attorney, Ernest c. Nc
Donald, assistant encouragement of
Washington, the Columbia Canal COM
pany has commenced suit in the SUI
rerior court to recover that amount
from Mcdonald. The complaint also
asks that the court put an end to
the alleged abuse of confidence on
Macdonalds part and that restitution
be made, says the Seattle Times.
The complaint sets up that the Co.
lumbia Canal company is a corpora
ton with its principal place of busi-
ness in Walla Walla, and that it Is
engaged in buying arid lands, con-
structing works to irrigate the lands
and then selling them. Macdonald,
according to the complaint, was in
the employ Of the canal company as
it's legal representative, and as a part
of such employment by the company it
was his duty to purchase relinquish-
ment to certain desert arid lands up
on which Peter J. Bauer had made
entry under the desert land act The
lands are described as the southwest
quarter of section township 7, range
81 east.
Macdonald Files Contest.
Bauer held this land in October,
1905, by reason of his entry. The
complaint charges that Macdonald, in
stead of performing his duty and ne
gotiating for the REIMBURSEMENT of
the land, which could have been Sc
cured with benefit to the canal COM
pany, started contest against
Bauer's entry to obtain the land for
himself. This contest, according to
the complaint, was begun by Macdon-
aid on December 10, 1905, in the
United States land office at Walla
Walla.
Because of this act on the part of
its attorney, the Columbia Canal COM
pany. in its pleading, charges that on
July 2, 1906, it secured for itself a re-
linquishment from Bauer. The con-
test started by its attorney, the Co.
lumbia Canal company declares, had
nothing to do with the REIMBURSEMENT
that it obtained. Upon filing its re-
linquishment, the canal company al
leges, the Northern Pacific Railway
company, on behalf of the canal COM
pany made application to select the
land relinquished by Bauer as lieu
land, if it had not been for the Mac
donald contest, it is alleged, title to
the land relinquished by Bauer would
have passed to the Northern Pacific
Railway company.
Seeks $4,000 Damages.
The Columbia Canal company
charges that at the time the railwoy
company made it's application of Sc
lection of the land as lieu land, a valid
contract existed between the canal
company and the Northern Pacific
that would have compelled the railway
corporation to transfer this land to the
canal company Immediately upon ac-
curing tile. According to the COM
plant, Macdonald on August 2. 1906,
was prosecuting his application to en-
ter the land
The complaint concludes with the
allegation that had it not been for
the contest started by it's own at
torney for his own benefit, it would,
by means of selection made by the
Northern Pacific, have secured the
land at once. Besides the damages
prayed for, the court is asked to force
Macdonald to make a REIMBURSEMENT