The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-07-25
FRAUD CHARGED BY
THE COMPLAINT
Smelling Company Files Suit for
Possession of Land in Snohom-
ish County, Washington.
MUCH MONEY is INVOLVED
Action Is Against Hill Railroad
and the Government Is Back
ing Plaintiff.

SEATTLE July 24.-SUit was filed IN
tie United States district court today
by counsel for the Bunker Eill Smelt-
Ing company against the st. Paul, Mime
npolis q Manitoba Railway company for
possession OF land in Snohomish county
alleged by the plaintiffs TO contain
eighteen copper claims. n smelling plant
and other property valued at more than
$4,000 600.
There Is dispute over the value OF the
land for mineral purposes. but there Is no
conflic; OF opinion as 10 the enormous
value OF the water power which may oc
developed on the land. The land Is AZ
Re!ter, on The Skyhomish river Inc ,he
government is cooperating with the
smelling company in the present suit
The land is now claimed by the CAS-
cade Power company, which Is oranSh
of the so-calied ''waterpower trust. al
legged TO have gained control OF nearly all
tho water power in the Pacific northwest
The land was decided To the power com
pan, by the ST. Paul Minneapolis q Man
ito5n Railway company. to which IT was
patented by the Uniied States.
Allegations In Complaint
The complain, In the suit charges:
That Thomas a Benton, agent for the
railway company. some years ago se
cured land grant from the soYeInIn,eIi. ,.
covering land in the Dasotas and other
states.
That subsequently lieu land bill was
passed by congress under which tne ds-
fendants in 1895; abandoned the Dakota
land and took up land IN the state OF
Washington.
That in 1907 this land. through fraud
prncticci on the pert OF the dcicndantS'
was clear listed and patented 10 the de-
fendant company, -
That fraud was contained In sworn affi :
davits made by the defendant COMPANY m5 ny :
non -mineralzed and was not claimed py
what is alleged to be prima faeie evi-
dence of this fraud is the fact that this
lnnd agent fled on sections l6 and so,
when. as q matter % fact. these sections
are distinctly set apart for school pur-
poses These lands subsequently were
restored 10 the state Of Washington.
Much Money Expended
The complaint alleges that prior 10 1905
the Bunker I'M company had acquired
eighteen mineral claims In Snohomish
county and had done $500, 900 worth OF
development work thereupon. cutting h, tun-
The Ian6 office in 1907 directed that
all protesting claimants should be no
tificd that their protests would be heard.
plaintiffs did rot receive this notifica.
ton and in fact did not know until
1910 that patent had been granted to the
which they were working and had applied
for patent.
In the meantime the land has been
transferred to the Cascade Power com
pany which filed an answer to the gov
ernment's suit setting up that II was
an innocent purchaser OF the land and
that the land contained no mineral.
An order was Issued today By United
States District Judge Cornelius II. Han
ford. granting counsel for the smelling
company, the right 10 intervene in the
case brought By the government and now
pending. and voiuminous cross-bill In
equity was flied for the contestants.