The Battle Over Snohoish County Timber Land

A case has recently transpired involving fundamental questions, rulings, and appeals, and a final decision by the Department of the Interior in Washington that makes it an important test case for prospective settlers and land claimants in Washington, Oregon, and the Northwest generally. About two years ago, Alexander Spithill filed an application for the purchase of a tract of land in Snohomish County under the 'Timber Act' of June 3, 1878. Another party, John D. Gowen, had previously filed his preemption declaratory statement for the same land. Moreover, Mr. Gowen resided on his claim and made valuable improvements. This resulted in a contest that was tried before the register and receiver of the land office in Olympia. The trial occupied seven days, and the decision favored the timber claimant, Spithill. An appeal was taken to the Commissioner of the General Land Office in Washington, who affirmed the decision. However, an appeal to the Secretary of the Interior reversed the two former decisions. This final ruling holds that 'land which is susceptible of cultivation after the timber is removed is not subject to entry under the Act of 1878,' which clearly applies only to mountainous districts that cannot be successfully cultivated.