The Ketchikan miner., 1908-11-28
IMPORTANT CASE DECIDED.

r A case of more than ordinary inter-
 est to the people of Ketchikan has been decided by the Commits
 sioner of the General Land Office,
 certified copies of which have just
 been received here. This decision is important to the people of Ketchikan,
 generally, because of the fact that the issue involved has been the means of delaying, for an unconscionably
 long period, the survey of the Katch- ikan townste, and specially impor-
 tant to some of our people because it involves the title to the property of some which is embraced in the survey of the Protestant Episcopal misison tract, a survey -)f which had been applied for, and made at the instance of the church people. Against the allowance and approval of this so-call- ed survey protests had been filed by persons claiming lands included there in and upon which said protests a hearing had been ordered and which was held some months ago before U. $. Commissioner Stackpole, actin as referee, before whom testimony was taken and who reported his proceed ings to the Surveyor General, by whom the hearing was ordered, and by whom they were further reported together with all the testi m ony and exhibits to the Commissioner. The record shows that the hearing was ordered for the 9th of May last, due notice having been given, but on account of the absence of the claim ants and their attorney, who applied for posptonement. the hearing was adjourned to June 18th, 1908. On the latter date only the protesting parties were present and two days further delay was granted, to June r, when, | in the continued absence of the attor- ney and the clergymen interested in | the mission, the referee procee ded to take the testimony of the witness, , for the pr1tes,an's. and tu record |! verbat m report thereof, having don't
 which he adjourned the hea: irg to such time aI the other side might he reprnsented. On June 9, 1908, the attorney for the claimants appeared and made formal application Tor another continuance, on the ground that he vas unable to produce any witnesses to testify at that time. The only witnesses he mentioned in his application were the Bishop of the diocese and the resident missionary, or Rector. both of whom were then
 absent in Europe-tbe first on official duty and the last named on vacation to be absent until September. The attorney certified, under oath, that the testimony as to the facts of their possession and occupancy for mission uses was known to these two persons,
 but could not be had from any otht source, and that their absence was unforeseen and unavoidable. The ref cree decided that, under the rules ol practice assigned for his guidance by the Department, he had no power tt grant il further postponement, hul offered the attorney opportunity to cruss-examine the opposing witnesses, and 10 state the facts to which his clients would probably testify, but Il. declined to do either wheleupon the referee finally adjourned the proceed
 ings. The letter of the Snrveyel General, tapsmitting the evidence ant exhibits made no recommendation a' 10 further action by the Department
 The case, as presented to the De
 part uent, shows that the nIiSsonias