Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1862-04-05


ilis osu-,..
From th" documents cn iil,. it app.ars that
Rev. \. " \. ilanrh,i. Bi-bop I'll N,>qHallv.
within wh"-.. di"r.--,. the ,rac, cla:i...d a. hr
Mission of ~. james l. located. claims fer
ih. said Mi->i"n six hundred and forty acr>
of Land under the second pro,i>o "f Sec. /
Il the act of Congress approved Aus. li.
l>t>. curirl.-d an act establishing the Terri
Z" t"rial Government Il ''r-.on." which pr",i-
- i in the follow in. Language" That the
tiil.. to land. n", excc,-lng -ix hundred and
forty acr,->. now occupied H. Missionary STA
-,ion> among the Indian tribes in said Trrri-
"t"r,. together with the improvements ihrrr-
on. hc confirmed and established in thc -,v-
"-ral religions societies To- which laid mis-
-i"nary stations n'sprc;iNcl, belong
4 The Military Reserve rest IL claim upon
the following facts:
/ In May. 1919. at the request and hy con-
sent Of Peter Skecn Ogden. Chief Factor of
the liudson's Bay Company. in charge of the
interests of said Company in Oregon, and
resident at their posi- of Fort Vancouver.
Maj. j. :. Hathaway, L, :. Army, cstab-
/ lshrd a military post and depot at Fort Van
couver, taking possession of all lands not en-
closed by the said Company, and subject al
WAYS to such rights as the said Company may
| be- decided to have under the said ;'d article
of the treaty. Col. Lorin-, of the mounted
Rifles. l.. :. A.. succeeded Maj. Hathaway.
and on the 3lSt October, 1850, by order of
the War Department, through Gen. =. +.
Smith, declared II reserve OF 4 miles square.
l,ut the act of Feb. II, 1853, limiting militia
rv reserves TO GlO acres each, by order of the
! War Department of Oct. goth, 1853, Col.
bonneville, then in command at Fort Nancou-
ver had the reserve reduced to its present
limits, and as now claimed.
| The claim to the Town-sitc of said Town
of Vancouver, under the provisions of the act
of Congress May 23d lSi4, is based upon
an order of the Probate Judges of said county,
made July 3d, 1850, locating quarter sec
ton as follows: Commencing at Il Balm of
Gilrad tree. on the north bank of the Column
bia river, marked 4. VI. s." thence along
the east line of Amos NJ. Shorts claim, one
hundred and sixty rods, thence due east one
hundred and sixty rods, thence due south to
the Columbia river, thence along the bank of
said river to the place of beginning" except
inc thcrcout the enclosures and improve
mcnts of the Iludsons Bay Company.
The above tract was surveyed and subdivi-
|
recorded, and there is some evidence that lots
were sold under said survey.
! Mrs. Esther Short, the widow of Amos VI.
GAO acres, in accordance with these notiiica-
tions. In support of this claim. Amos NJ.
Short appears TO have recorded his claim at
Oregon City, in lSl6, under the laws of the
provisional government of Oregon. Esther
Short, widow, as aforesaid, filed notification
on the lth day of October, 1853, dated Au-
gust 2G.h, 1853, under the act of Congress
approved on the ! ith day of February, 1888.
anendatory of the act OF 27th September,
1850. The notification and accompanying
proof establish the arrival Of Amos NJ. Short
in Oregon, in the latter part Of December,
1Si5 and a residence upon the claim from
the Sth day of March lS4S, to the date of his
death, January 10Th, 1858. This is the
showing made by the parties themselves, but
there is evidence showing that said Amos NJ.
Short was actually on tho claim ir 1916. and
was driven off by the Hudson's Bay Compa-
nv In 1917, he built house thereon.
cleared and cultivated Il number OF acres, and
was forcibly expelled in the latter part Of the
year by the servants of the llu'!son's Compa-
ny-his family pat in beat, and sent down
the Columbia river. We are therefore in
clincd to give the widow and heirs the bcnc-
fit Of his persistent attempts to cultivate and
become owner Of this tract of land
The city Of Vancouver asserts no pr,tcn-
-ions to any portion Of the tract claimed by
shorts widow and heirs. The limits Of the
pre~.n, Military reserve. fall entirely outside.
To the claims of :>hori'. heirs there il but
on. contestant. the Catholic Mission.
This brings IA &" an examination Of the
claims a the Roman Catholic Mission "a ~.
Jares.
The points -as-.>,e1 by the counsel. to be
considered in passing nPon this eass are
I. Va there Roman Cafhclic Missionary
station NJ Vancouver. when was IL ">'ab-
ii-h.d. and what arr the acts bv whirh the
elainan,s h..r-. support their claim to he 'he
Ns-ion &c - .iarn.-< /,
H. Wa tl- Mission m spI~.nds-s or de
I--I.dsacy e: ihe Iiud~on's Eav Company. IL
u1sIni--g- - Iri.~,~. rhsr,siss. in thr s-rvicc
Il that Company. hr.ush; hiihcr IT tbr ia
STANCE .f that COMPANY. end supported by
-sIari.-- paid ~ aid COMPANY. and lid s'Irl'
s-salli-hsn.ni c-asr and ff'Flninate v;'h sla
,-N,inrtis.n 4 rh. rights e tha, tssarznv-s.T
w,rr ih.. pris-is an duty ai sane"uv'r.
Nl~-ias.asis-. i,..l..l,sss,lsai ID said c"nPans
Ill WaS tn. Mi-~iosl Il -. .jsas-. Ms
si~azry >safiDa .naang the inslisn irils-s 81
s.r.-,.l At or i-Eprr ,l,. passage ii fhe u'EyzR-
ie sr, eG -aid Territory. Pa-ssd An-n-s li'h.
Iss> viihn 'l.- -i.i's- ilsi.n' .sBd Iae sniu= a
slls s.-rand pr.vi-c. of the ist -.eiioa q aid
art :
H. Tls~ i,-siia...av I,Es-iuc,i ga H. pr cf
II Ht...., si...-~ that s,i the. .fis 81 4 1rt.
lsB5 "a 81 sl.E ,s.saHs afi,slic bislsoP si uiip
l.. -.