The daily progressive-miner., 1916-06-09

structures o2 tide lands or shore lands ef the Territory the title thereto remaining in the United States and the possess CT right og the one erecting any structure thereon depends upon the actual physical possession. use and oo- cupAtioa thereof The first one to en. Ter and actually take such physical possession and occupy the particular has sAa 0stger right In initiating this right, he must pag such substantial structure thereon as shows q bona ide intention 10 make some beneIie- aal use thereof and then proceed with due diligence to the completion oi ! this structure. The putting Of Ao- ssces thereon or some unsnhstantial signs or evidence of intent to oo- cupy the same will not avail as q sainst enc who in good faith enters upon and erecss 3 substantial struc, suue thereon,
 <. m acquiring possessory rights C this character the cases sometimes -efar 10 it as "scrambling" posses sion. the frS1 one to become enlEsaea- cd and tablished in re3es posses sion. having the prior and better r.s,,
 E maF ee true that there should he some st4Guatory enactment regulating the method of giving notice, but the 5rlviug of one or more piles and giy- Eng notice thereon. which would tend 5o avoid any conflict or strife over tae possession of the site sought 10 ee taken and occupied and give g req sonae-e time to begin and complete .he trap. buF this court has no legis- atlve power and to hold that any ale ot the aclS Of either party as ap- plying for territorial license. or for 6 War Department permit. or puytins ID a nosica ar anchoring some object in The water. which way be washe5 sw2y hv the first storm-Jo hold that saeh aeFs give 8 prior right woaid alt a premium on speculative loea- io1s and lead to more fruitless liti- sat5on and II would seem prefera bls 70 ne.esa1e parties 10 their present method ot going upon and actually occupying [ site with substantial structure
 The state ot Washington. owing D he groNth and development Of the 5shing industry in it's waters. found lt necessary 10 enact g statute (Sss- sion L4Ns of Washington. 1898. ?. zoS1 proyiding that person obtain ing 2 1sh license shall indicate loea. fioas e traps by driving al least .hraa substantial piles thereon. upon ahieh must be posted the license number.
 !. 5s well known among the men en- Eagsa ia thai industry tisss there are naaF sizes which Would ta desirable sor constructing ash traps were it not for the facf that the rocky bottom renders T. impossible 70 drive piliag- The one therefore attempting to To- cate such 8 site. without first ascer- taining irs prae-icabiiity in this Ee- gard wonld seem 10 be making a mere speculative location That the ac- saal drir.ng Of a piling would bs the e-st and most important act in show- ing he good faith O the parties claim Eg t1e site. after receiving permit from tte War Department so 10 do
 Bo.h plaintiff and defendant had Q right 10 enter upon and actually oc- eH2g the said site Neither one has The right to en5oin the other from preceding % 10 do. The first one actually to begin such work and pro zsc4ls I with reasonable diligenca ought 10 have the better right I, follows therefore that the injunction should ba dissolved and the plaintiff $ complaint dismissed Findings and decree may be entered accordingly.
 Juneau. June ,, 1916.