Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1862-04-12
PA. WASHINGTON TERRITORY, APRIL IL, 1862.

IUCS SeSUA OOCu 1AS1u COUuU u8Ut U0 0SS0e exCeUl
BY the consent Of the Company. takes it out
Of the purview Of the act, under which they
claim this reservation was made. for the
Company could in no event be considered as
a settlev makisg an improvement previous to
reservation.
Nor i the right Of the Mission surrendered
and lost by such form and ceremony. Ifthey
acquired anything by the grant Of Aug. 4th
lSlS, they obtained the right to the fee. and
Of that they could not be Invested by mere
appraisal and pay for the value Of the improve
meht0 This doctrine IL fully sustained in
the case Of the Dalles Methodist Mission. A
fort or military reserve, having been estab.
lished including portion of tract of GAO
acres which would include the improvements
Of that station, the Government gave them
$4,000 for the portion covered by the Militia
ry rescrvation.-Acts Of Congress 1850, Jxxe
l6. Clap. CXLIV. Of the pamphlet iaa0s,
scssi0ns '6O-61.
BY reference to the Dallcs Mission case
it will be seen there were some circumstances
showing that the Mission was not absolutely
in occupancy on the l4th Aug. 1s4s, in con-
sequence of the hostilities of the Indians, it
being shortly after the massacre Of the late
DR.. Whitman. Besides transfer had been
made in ls47, from the Methodist Mission to
the American Board. The station was re-
transferred to the Methodist Mission, in Feb.
ruary ls49. Broken as was this possession
and occupancy, the grant was considered ab-
solutc and vested interest in the mission, and
the land intruded upon by the military authori-
ties at the Dalles, cost the Government $50, 900.
We are compelled to decide therefore, from
the evidence before u.s. that tho military re.
serve was made upon land previously granted
to the mission, and SO far as it lays within
the lines of the mission, must be held subject
to the proprietary rights of the mission granted
and confirmed to said mission by the act Of
Aug. ID, lS4S.
So far as the claim of the city of Vancou-
yer is concerned, there is no very great diff
Guilty. This claim is based upon the LIST Sec
tion of the act Of Congress of May 23d, 1914,
entitled, :" An an act for the relief of citizens
of towns upon land Of the United States, UNI
der certain circumstances" the LIST section Of
which, under which the claim is sought to be
being as follows:
"Whenever any portion of the surveyed
public lands has been or shall be settled upon
and occupied as town site, and therefore
not subject to entry under the existing pre-
emption laws, it shall be lawful, in case such
town or place shall be incorporated, for the
Judges of the county court for the county in
which such town may be situated. to enter at
the proper land office, and at tho minimum
price, the lands settled and occupied in trust
for the several use and benefit Of the occupants
thereof according to their respective interests"
Vide u s. Statutes at Large, Vol. v p.
so. Chap. XVIL
On nm examination of the record and evil
dence in this case. we find that the county aut
thorities of Clarke county, on the Sd day of
July, 1850. proceeded to locate qxartev-sec.
ti0x of land for tie county seat Of Clarke
cOxxtv, not under the law above quoted, bu-
under the provisions Of the act Of Congress
approved March goth, 1924, entitled, IAN
act granting to the counties or parishes Of
each State and Territory Of the United States
in which the public lands arc situated the
right of pre-emption to quarter-sections OF
land for seats Of justice within the same.-
u S. Statxtesa at Large. Vol. ". p50, Chap.
CLXIX
This makes grant to the several counties
in the States and Territories, sOhere there are
public lands, at the minimum price for which
public lands of the United States are sold, the
right Of pre-emption to one quarter.section Of
land, respectively, for the establishment Of
seats of Justice therein: Pror'ded, the pro-
ceeds of sales Of said quarter-sections shall be
appropriated for the purpose Of erecting build
ings Of the said county: Asd Prouided fsr-
tier, that the seat Of justice for said counties,
shall b. fixed previously to the
sale Of the adjoisisg lasds within the county
or parish for which the same 10 located"
The county Of Clarke appear to have aban-
doned their claim to the town Of Vancouver
under this law, The city appear to renew =
claim under the act Of March 23d. 1874. We
think the county lost their st0fss as claimants
by the legislation Of the Territory Of Wash
ington At its first session locating the coanty
s~at Of Clarke county upon the land claim OF
Mrs. Esther Short. (Scc laws w. I. Sess.
1854, p. 475.) THAT the county seat Of
Clarke county be. and the same ID hereby. To-
Gated and established 1t Columbia City, on
east portion Of Mn. Shorts land claim.
But had not tho county authorities aban-
doued their location and claim. this law was
not applicable at the time Of said location.
The lands in Oregon were not Psblse iasds,
subject to pre-emption. The sPecihc lands In
question were cncumbersd BY a claim against
the United States. under the Treaty Of le46.
We have no evidsncs Of the city claiming
BY any subsequent scsioa of the county ~
siorities Of Clarke. or the corporate auiherisiss
of the town OF city d Vancouver. although
by the instructions of the Commissiooer Of
the General Land Ofice, and the arguments
Of the council, We find the act Of May. ls4A.
heretofore quoted. relied upon to snPPors the
claim Of the city to the triangular s"'.: "r
strip of land, lying between the alleged OF
claimed sas. boundary Of the Short dcsaiion
and the west line Of the U. 8. military 70