Stimson Land Co. v. Hollister

• Decision Date: 10 March 1896
• Citation: 75 F. 941
• Court: United States Circuit Court, District of Washington, Northern Division
• Parties: STIMSON LAND CO. v. HOLLISTER.

75 F. 941

STIMSON LAND CO. v. HOLLISTER.

United States Circuit Court, D. Washington, Northern Division.

March 10, 1896

Jenner Legg & Williams, for complainant.

George H. Williams, for defendant.

HANFORD District Judge.

The pleadings and proofs in this case show that on July 5, 1884 George W. Smith made entry in the United States district land office at Olympia of the N.E. 1/4 of section 24, township 37 N., of range 4 E., containing 160 acres, under the act of congress approved June 3, 1878, entitled 'An act for the sale of timber lands in the states of California, Oregon Nevada and in Washington Territory' (1 Supp.Rev.St., 2d Ed., 167), and paid therefore the sum of $400, besides fees amounting to $10, and there was issued by the receiver of said land office a certificate of said entry and payment. Afterwards, by mesne conveyances from said Smith, the said land was conveyed to the complainant, so far as the said entryman and his grantees were able to convey the title. In the month of January, 1886, a special agent of the land department of the United States reported to the general land office that the entry of said land by Smith, and also a number of other timber entries and pre-emption claims of land in the same vicinity, had 'been made in the interest of the Muskegan Mill Company'; and on the 19th day of May 1886, the commissioner of the general land office, by a letter to the register and receiver of the district land office, ordered that all of said entries, including the entry of Smith, should be held for cancellation; and subsequently, in proceedings before the register and receiver of the district land office, initiated and conducted by officers of the land department, testimony was taken as to the facts connected with the several entries so reported to have been made in the interest of the Muskegan Mill Company, and the character of the land, and other facts affecting the validity of said entries; and, as the result of said investigation, all of said entries, including the entry of Smith, were, by the decision of the commissioner of the general land office and the secretary of the interior, canceled, and the money paid by Smith has been retained by the United States as though it were forfeited. Since the cancellation of Smith's entry, the defendant has obtained a patent from the United States, conveying to him the title to the same land. The complainant claims now to be the true owner of said land, notwithstanding the action of the land department in canceling Smith's entry, and issuing the patent to the defendant; and the object of this suit is to obtain a decree declaring the complainant to be the owner of the land, and that the defendant holds the title as a trustee, and requiring him to convey said title to the complainant. In the bill of complaint, and argument made on behalf of the complainant, the charge is boldly made that the action of the land department in canceling all of the entries referred to was fraudulent, in this: that by threats and intimidation they prevailed upon the several entrymen to appear as witnesses for the government before the register and receiver of the land office, and, in giving their testimony, to give a false coloring to the facts, and also to refuse to answer questions propounded by the representatives of purchasers of the lands, and that the decision was based upon testimony so given under duress. And it is proven by uncontradicted testimony that an agent of the general land office read to the several entrymen, before their testimony was given, the following letter from the assistant commissioner of the general land office: 'Refer in reply to this initial: 'P.'

'Department of the Interior, General Land Office.

'Washington, D.C., May 19th, 1886.

'James M. Carson, Special Agent G.L.O., Olympia, W. T.-- Sir: Under date of Jany. 26 and 27, 1886, John G. Thompson, late special agent, reported the following pre-emption and timber-land cash entries in township 27 N., range 4 E., as having been made in the interest of the Muskegan Mill Company, viz.: Timber, cash, No. 8,667, July 3, 1884, James D. Hannegan, W. 2 of E. 2 Sec. 34. Witnesses, Charles M. Park and Magnin L. Martin; post-office address, Whatcom, W. T. * * * Timber, cash. No. 8,677, July 5, 1884, George W. Smith, N.E. 4 Sec. 24. Witnesses, Gustaf Hall and Edvart Smith. Whatcom, W. T. * * * Pre., cash, No. 8,684, July 7, 1884, Van W. Chipman, N.E. 4 Sec. 28. Witnesses, Charles M. Park and Thomas J. Lyon, Whatcom, W. T. * * * Pre., cash, No. 8,833, Aug. 23, 1884, George C. Curtis, S.W. 4, Sec. 34. Witnesses, Michael Anderson and William Carley, Whatcom, W. T. * * * Pre., cash, No. 8,707, Charles M. Park, July 12, 1884, E. 2 of E. 2 Sec. 34. Witnesses, Thomas J. Lyon and Van W. Chipman, Whatcom, W. T. * * * By letter of this date to the local officer, said entries have been held for cancellation. One other entry in this lot, Mr. Thompson did not report upon, viz. timber, cash, No. 8,673, of Edvart Smith, for lots 3 & 4 & S. 2 N.W. 4 Sec. 3, T. 36 N., R. 4 E.; and on May 6th, inst., you were directed to investigate and report upon the same as early as practicable. As you are in possession of Mr. Thompson's papers, I presume you have the date upon which he based these reports. All the lands involved were transferred, on the same day-- or shortly after-- entry was made, to Stimson and Park, who are members of, or agents for, the Muskegan Mill Company; and Orlando A. Thompson appears to have been instrumental in procuring parties to make entries. You will at once confer with the district attorney, and lay all the facts before him, for the purpose of having Stimson, Park, and Thompson, and any other principals, prosecuted for conspiracy and subornation of perjury, and the entrymen should be prosecuted for perjury. Any of the entrymen who will testify for the government should not be prosecuted. If any further investigation is deemed necessary by the district attorney, you will follow his suggestions.

'Respectfully,

S. M Stockslager,...