, 1854-10-14


clear, was ever in force in Oregon. No
land districts were ever laid out, or land
offices established, by Congress, where
lands might be entered. No claims were
ever taken with reference to such laws, and
no body ever dreamed of being governed
by then, till the late decision of the Com
missioner as to town sites.
The pre-emption laws of 1888 and lS4l,
and the California land law, except town
sites from private entry, but the Oregon
Act, while iteXcepts mineral lands, salines,
&c, like the other laws, says nothing about
town sites Why this difference in form,
unless some difference in fact is intended
The act Of 1850 especially grants the "Or-
egon City claim" showing that the subject
was before the mind Of Congress. All
other claims seem to be left upon the same
footing, to be given TO those, who could
show first possession, and compliance
with the Donation act. True, a person
might take claim for town purposes alone,
and not be entitled to a certificate there
for, because cultivation" is necessary to
establish his right So several persons
may take simultaneous possession of tract,
and make it impracticable to give ccrtif-
cate to either, but the remedy for such ca
ses, if they need any, Is to be found in fur
ther legislation by Congress, not in far
fetched constructions by the General Land
Office, making confusion worse contour
ded."
Policy, the Commissioner says, is as
strong as the law in support of his opinion,
and so it is, and no stronger. Let the
common Council Of City enter the land
upon which such city is situated, then tie
Legislature must prescribe "its rules and
regulations" as 10 the disposal of the lots,
the proceed Of the sale thereof; then the
said Common Council, whose members,
changing with every election, are more or
less interested in the question, must exam
inc and decide upon the titles, and thus
years might elapse before contentious be-
tween owners would cease. How much
easier and quicker for Congress TO author
ize some disintereSted person to act in the
matter, as was provided for lots sold in
Oregon City, prior to lS49. Such special
Acts are not uncommon. Titles in Bur
ihS tOh "uu Du DuluSt III 1OhdI uuu OlueT
towns in the west, were acquired under such
legislation.
Again, people have universally acted up
on the belief that the Act of 1874 was not
in force here. Claims have been located,
improvements made, homes secured, and
moneys invested, upon this assumption
and the effect of contrary rule now, is to
unsettle rights, and strike blow at the
prosperity of nearly every town in Oregon.
If policy is to be consulted in constituting
the Donation Act, it ought to be policy
as liberal to the first settlers of the coun-
try, TO the men who braved the perils of a
then unbroken wilderness, as to those who
have since followed in their footsteps.
Secretary McClelland, it is understood,
has decided adversely to the foregoing
views, but such decision rests entirely upon
the reasoning Of Commissioner Wilson
and if such reasoning is good, so is,the de-
cision, otherwise not. These views, fuller,
perhaps, than the necessities of this case
required, have been expressed to show in
what light courts Of law might regard the
question. The other points made by the
demurrer are entitled to no particular no.
tice. Demurrer 0reTrultd.