Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1914-11-20
SAV|DGE DEFENDANT
IN OIL LEASE SUIT
LCCAL MAN ALLEGES ERAIJD I'M
REJECTION Oh APPLICATION
BY LANE OFFICE.

with the bringing Of suit in the
local superior court last lridsy bv
William Klambush agains. Clark v.
savage, state land conan, ssione-,
aAd Il. Il. Streets, in which the pla, n
TIL alleges fraud and seeks to compe,
the commissioner to issue him m or
lease on $40 acres of state land in
this county u miles north of the
| Crescent well, came the first court
action growing out of the oil excite
ment in this vicinity and produced
stories which promise a sensation be-
fore the action is completed. News
OF the bringing of the suit was SUD
pressed for several days.
| Involved in the suit are conflicting
applications by Klambush and Streets
for oil leases on state lands in this
county, the two having applied for
leases on the same $50 acres and ad-
ditional tracts in each instance.
Streets application was received at
the land Office three days prior to
Klambush's. according to Commits
sioner Savidge, but was not accom-
panied by rental fee and before
Streets fee was paid Klambush's ap-
plication together with the necessary
fee was fiied. The point at issue APP
pears to be whether an application
for an oil lease must be accompanied
with the rental fee at the time 1t is
fled. Prior to this case It had not
been the custom Of the land Office to
require the payment of the rental fee
the same day as the application was
filed, Mr.. Savidge adds, but that is to
be the rule henceforth.
Details of the Sait.
/ The complaint, prepared by Att0r-
neys Vance & Parr, representing
Klambush. alleges that on October
19 last Klambush applied 70 the
state land commissioner FOR al Oh
lease on the south half, the east half
Of the northwest quarter. and the
west half OF the northeast quarter az
section 16, township 16 north. range
2 west, and the southeast quarter of
section IA, township 16 north, range
8 west, accompanying the Applica-
tion with deposit Of $1O2. covering
$25 rental for each quarter and 81 III
ing fee. as required by the land once
rules, receipt for which was given,
1t Is further alleged that ON Octo-
Der 2s Klambush was notified that
his application had been rejected and
on October 30 that he was offered
lease on the quarter section In Sec
tion II. township 16 north. range
west, only part Of the tract he de-
sired. but that he returned this lease
unsigned and unexecuted October 81.
The complaint says the plaiptiR is
informed that Mr.. Streets. well
known local lumber dealer is the ap-
parent holder Of lease on the tract
| in section 16 desired by Klambush.
but that Streets claim IL secondary
to Klambush's and that ''the describ-
ed action Of the defendant commits
sioner in rejecting the application so
made by this plaintiff on said date,
and any claim or claims 80 made BY
said defendant Streets are arbitrary,
capricious, without right and In
fraud Of the lawful rights vested In
the plaintiff by his said application.
Klambush. it is claimed. inquired
whether the land in question was op-
en- for entry and upon being told that
it was, later filed his application and
paid his fee. Four days afterward he
was informed that part OF 1t Was
rejected owing to a conflicting and
prior application and. 30 the story
goes, Immediately set to discover
what had happened.
Sayidge's Version Of Affair.
Streets application. which is dated
October %. Commissioner Savidge
says, was received at the once dur
ing his absence on Friday. October
1e by his assistant w. w. Hopkins.
Nv. H. Hosler. the clerk Who handles
oil leases. being also away sick at the
time. Streets. the commissioner con-
tinues, offered to make the required
payment at the time but was told to
wait several days until his applica-
Il tion could be checked over, and or
the following Monday Klambush sent