The Oroville weekly gazette. [volume] (Oroville, Wash.) 1905-19??, 1918-02-01
A CELEBRATED CASE.

Eastern Washington was the contest
over the Nelson townsite, in which the
late John H. Mcdonald was party
to the litigation. The case is mention
ed in the past tense as final decision
has just been rendered in the court of
last resort, as briefly mentioned in the
issue of the Gazette of last week. Time
and again the case was closed, and re-
opened. Just about the time one side
was exalting in the flush of victory
the other side would drive in another
legal wedge. and the case would be re-
opened, fought over. and as like as not
the former decision reversed. This liti-
CATION dragged along a dozen years,
but neither side ever weakened for an
il stant. The ground plans of the long,
drawn out controversy were laid ont
away back in 1906. when one individual
filed an application for townsite. and
John H. Mcdonald filed a protest as a
prior claimant homesteader. Year after
year dragged along without apparently
reaching any nearer final decision
tLan when the case was first opened,
and no time during the many years did
one side or the other ever show dis
position to give away an inch, although
the townsite people did offer to pay
Mcdonald a good round sum in order
to settle the contest. But Mcdonald
was adamite, he would listen to no
compromise and died fighting. The lit
igation had cost pot of money and
kept community in turmoil and un-
certainty.
AT last on January Is, First Assist
ant Secretary of the Interior Alexan-
der T. Vogelsang, after reviewing the
case at length, rendered decision in
favor of the townsite people which is
supposed to put the big contest to
sleep for all time to come, unless some
wise attorney can discover flaw into
which he can get his hooks and pry
the case open again AS litigation has
covered SO many years we do not
know the names of all the attorneys
who have had hand in the proceed
ings, but of late years j. M. Adams, OF
this place, in conjunction with Geo.
H. Patrick, land attorney Of Wash
ington, d. c., have represented the
townsite, and Peter Mcpherson, of
Brewster. the Mcdonald interests.
Considering that the cotnest has been
notorius as a case of land office pro-
crastination, or circumlOcutiOn, and
has attracted so much interest in the
north part of the county, the Gazette
publishes in full the findings just
handed down, and Mr.. Patrick's tele-
gram and letter announcing the de-
cision:
Department of the Interior, Wash
ington, January Is, 1918.
John H. Mcdonald, VS.. Nelson
Townsite. Dismissal of protest against
townsite application.
"This case has been before the de-
partment many times in various forms
covering a period of several years. The
facts and proceedings will only be
briefly mentioned in this deciison:
April 16, 1906, Abel w. Odell filled
application for the townsite of Nelson
on the SW IA, Sec. s, T. 40 N, r. 20
E., Waterville, Washington, land dis
trict, and also portion of the Sc IA
of said section, and the NV IA OF Sec
ton II. A plat of the town. was filed.
The government public survey had not
at that time been extended to the land.
June 6, 1906, John H. Mcdonald filed
a protest against the townsite appli-
cation for the SW IA, alleging that he
settled thereon in May, 1901, for the
purpose of making a homestead entry,
and that at that time the land was not
used for trade and business. A hearing
wasordered and had on the protest
and the case in due course came be-
fore the department and by decision
of July Z, 1908, the action Of the COM
missioner of the general land office
dismissing the protest was affirmed
However, on motion for rehearing, the
department by decision on March II,
1909, vacated it's former action, and it
was directed that Mcdonald be allow
ed to make homestead entry. He ac-
cordingly made entry on April 20
1909, and on June 5th 1909, he filed
notice of intention to submit final
proof His proof was submitted August
13. 1903.
August 8, 1909, 0dell filed affidavit
of protest against allowing OF the final
proof, but the land officer son Sep
tember 1, 1909, issued final certificate
to Mcdonald over the said protest OF
the townsite claimants. Further pro-
Il
petition for an investigation was filed
by the townsite claimants on May %
1910. The department on October 20
1910, directed that investigation OF the
charges in the protests and petition be
made, which was accordingly done.
The investigation confirmed the pro-
test charges, and under date of Oct
27, 1911, a hearing was ordered or
certain specific charges substantial,
as contained in the protests, the lead
ing one being that the land was accu
pied as town and used for trade ant
business at the date Of Mcdonald!
alleged settlement and at the time h,
made final proof Mcdonald objected t
such hearing, but by decisions O
March and June 1912, the order fo
hearing was adhered to.
The hearing was accordingly hat
and large volume of testimony wal
submitted by each side. The local of
ficers upon the evidence thus adduced
held the homestead entry should b,
cancelled as the Sc IA SW IA Of sal,
section because that tract was use'
for townsite purposes at the time Nc
Donald claimed to have initiated hi
homestead settlement, and that Nc
Donald should be awarded the thre
other subdivisions in that quarter sec
ton. This action was affirmed by tn
commissioner under date OF March II