William Powers v. Jacob Slaght

• Decision Date: 07 January 1901
• Docket Number: No. 47,47
• Citation: 180 U.S. 173,21 S.Ct. 319,45 L.Ed. 479
• Parties: WILLIAM L. POWERS, Hattie Dean, Edward Deane, F. S. Bell, Ivan Chase, John K. McCornack, Ann J. Clyde, J. R. Malhern, Spokane & Palouse Railway Company, a Corporation; Spokane & Palouse Land Company, a Corporation; Palouse Mill Company, a Corporation, and A. F. Pugh, Plffs. in Err. , v. JACOB SLAGHT
• Court: U.S. Supreme Court

180 U.S. 173

21 S.Ct. 319

45 L.Ed. 479

WILLIAM L. POWERS, Hattie Dean, Edward Deane, F. S. Bell, Ivan Chase, John K. McCornack, Ann J. Clyde, J. R. Malhern, Spokane & Palouse Railway Company, a Corporation; Spokane & Palouse Land Company, a Corporation; Palouse Mill Company, a Corporation, and A. F. Pugh, Plffs. in Err.,

v JACOB SLAGHT.

No. 47.

Argued and Submitted October 15, 16, 1900.

Decided January 7, 1901.

This action was commenced in one of the courts of the state of Washington by the present plaintiffs in error. They alleged in their second amended complaint that on or about December 15th, 1883, the Northern Pacific Railroad Company, under and by virtue of the act of Congress approved July 2d, 1864 (13 Stat. at L. 365, chap. 217), granting lands to aid in the construction of a railroad and telegraph line from Lake Superior to Puget sound on the Pacific Coast, and the various acts and joint resolutions of Congress supplemental thereto and amendatory thereof, applied at the United States district land office in the district in which the lands were situated to select, and selected lots 10, 11, 14, and 15 in section 1, township 16, north of range 45 east, Willamette meridian, Washington, with other lands, as indemnity in lieu of lands within the place limits of the grant to the company, and which had been reserved, sold, granted, or otherwise appropriated, or to which pre-emption or other claims or rights had attached at the date when the line of the company conterminous therewith was definitely fixed by filing a plat thereof in the office of the Commissioner of the General Land Office,—a list of the lands selected, prepared in the manner and form prescribed by the rules and regulations of the Interior Department, being filed by the company in the district land office, and tender and payment made to the receiver thereof of the fees required by law to be paid upon the selection of lands. The list was allowed and approved by the register and receiver on December 17th, 1883, the fees accepted, and thereafter the list was transmitted to the Commissioner of the General Land Office for approval. These lands were selected as public land to which the United States had full title, not reserved, sold, granted, or otherwise appropriated, and free from pre-emption or other claims or rights, except such reservation, appropriation, claim, and rights as had attached thereto in favor of the railroad company.

On October 26th, 1887, the railroad company, in compliance with other and additional instructions of the officers of the Interior Department, issued and given after the above selection had, as stated, been accepted, allowed, and approved, filed a list designating the losses in lieu of which the lands described in the selection list were selected; and thereafter, in the years 1892 and 1893, the company, in compliance with instructions issued by the officers of the Interior Department subsequently to the acceptance, allowance, and approval of the selection, rearranged the list of losses and the selection list so that the losses for which each tract of land selected by the company had been taken should be specifically designated. It appeared from the rearranged list that the lands in question were selected in lieu of certain lands included in section 7, township 9, north of range 15 east, Willamette meridian, Washington, which last-described land was located conterminous with and within 40 miles of the line of the company as definitely fixed, and was at the date of the grant to the company, and at the date when its line conterminous therewith was definitely fixed, included in a reservation of land set apart for the Yakima Indians.

On or about December 24th, 1885, after the selection of the above-described land, the Northern Pacific Railroad Company entered into a contract in writing with the plaintiff William L. Powers to convey to him lots 3, 6, 11, and 14 in section 1, township 16, north of range 45 east, upon the payment by him to the company of the sum of $822; and on August 4th, 1887, payment having been made, the company conveyed the lots to him.

On July 30th, 1887, the company conveyed to Powers lots 2, 7, 10, and 15 in that section.

In the year 1877 A. M. Duffield settled upon lots 2, 3, 6, 7, 10, 11, 14, and 15 in the section in question. Shortly thereafter he sold and assigned his possessory rights and improvements to L. M. Rhodes, and thereafter, Rhodes having failed to make payment therefor, the property was assigned to the plaintiff Powers, who settled thereon in 1881 with the expectation and intention of purchasing the lands or a portion thereof from the railroad company. Soon after such settlement Powers offered to purchase lots 2, 7, 10, and 15 from the company, and at the same time John G. Powers, a brother of the plaintiff, offered to purchase lots 3, 6, 11, and 14 from the company. Thereafter, as above stated, the plaintiff William L. Powers purchased the lands from the railroad company, having prior thereto taken a relinquishment from his brother of all interest in and to lots 2, 7, 10, and 15.

On or about March 1st, 1883, the defendant Slaght rented and leased lot 10 of the plaintiff Powers, and received and took possession of the same. He paid rental therefor, as agreed, from the date upon which he took possession of the premises until the 31st day of October, 1887.

On the last-named day Slaght presented an application at the United States district land office for the district in which the land was situated, to enter lots 10, 11, 14, and 15 as public lands of the United States, under the act of Congress approved May 20th, 1862 (12 Stat. at L. 392, chap. 75), entitled 'An Act to Secure Homesteads to Actual Settlers on the Public Domain,' alleging in his application that he had settled and established his actual residence upon those lands March 4th, 1883, that such residence had been thereafter continuous, and that he had built a house on the land and improved the same. In the complaint in this case the plaintiffs averred that the settlement, occupation, and improvement by Slaght were under and in pursuance of the renting and leasing of and from Powers, as above set forth, and not otherwise.

The Northern Pacific Railroad Company, having been notified of the application of Slaght to enter the land, filed its objections against the allowance thereof on or about December 2d, 1887. A hearing was ordered by the United States district land officers for the district in which the land was situate, to determine the rights thereto of the railroad company and Slaght, and such proceedings were had in the contest that the district land officers, in July, 1889, held the land to be excepted from the operation of the selection of the railroad company by reason of the settlement of the plaintiff Powers, and that the defendant...