, 1866-05-04
..san,a Rosa Mission CIaim.''


closely written pages.
Among the cases of public interest heard,
was the "Calholic Mission Claim" in this
County. The Catholic Church claimed
tract of six hundred and forty acres of land
under the provision in the "Organic Act" of
this Territory, confirming and establishing
the title to the land, not exceeding six hum
dred and forty acres, occupied as Missionary
Stations among the Indian tribes on the pas
sage of the act, March 2, 1858, to the seve-
raj religious societies to which such mission.
airy stations might respectively belong.
In The discussion of the grant of Congress,
it was contended that the Catholic Church
was not religious society,"" and hence not
entitled to claim under the grant because of
the establishment of any missionary stations
among the Indian tribes. The Court said it
was true that church was not given as one
of the definitions of Society nor was So
cety' given as one of the definitions of
Church. and that IN turs wow Is.
-. -,a--4-L--~..l;IlAA IlAA To recover 10
religious society as Congress must be
presumed to understand the meaning of the
words used in the grant and to have used
them with their known meanings The
Court said there was force in this iuterpre-
tation of the grant, and that it was not at all
improbable it might be the correct view; and
yet on the whole, the Court was disposed to
give larger construction to the act and to
hold that the Catholic Church was a 'reli>
gous society within the meaning of the act;
and that even if strictly church organiza>
tion could not be called a religious society,"
yet that where party or subject came
clearly and fully within the equities of
grant and within its clear intent and purpose,
then such party or subject was embraced
within the act as fully as though included
within its express terms.
The Court said it was true, as contended,
that the act was to be interpreted, and con
strued with reference to the known history
of the country at the time of its passage,
and that while it was true that at the time
of the grant Missionary Boards or 'Socc-
ties were established, and that these
Boards were independent and distinct orr
ganizatiOns or corporations, and that.Mission
aries were being sent by these Boards to
all parts of the uncivilized and heathcn
world, AMI that that fact was known to Con.
gress; it was true, also, that the Catholic
Church, without the aid or machinery of
these Boards were sending their Mission,
aries to all parts of the world and establish.
ing stations among the Indian tribes on
this const, aud that that fact was as well
known to Congress us the other fact.
1t was coutended by the defendants that
even if the Catholic Church could claim un.
der the grant, yet it could claim no more
land than was occupied at the passage of the
act, and that occupying, within the meaning
of the law, was enclosing, with suitable fenc-
ing, and that no uuenclosed or unimproved
land came within the meaning of the grant;
bat the Court held that grant of this kind,
imposing no burdens on the public, nor ta>
king any rights from the public, and made
not on the solicitation Of the subject, but on
the mere motion and grace of the sovereign,
was not to receive stingy construction, and
that the terms, nature and objects of the
grant being considered, the occupation and
improvement of any part of the six hundred
and forty acres, was the occupation of the
whole, when at the time of the grant there
were no other adverse occupants or claim
ants.
Other interesting questions of law were
involved in this case, but we have not the
space to notice them now." The Court di>
rected special finding Of facts in this case,
and the jury having found all the facts re-
ferred to them, in favor of the defendants, a
motion for a new trial was, at subsequent
day of the term argued, and a new trial
granted on the payment of the costs of the
term; and subsequently the plaintiffs -Ob.
tt ined leave to enter a non-suit, without
prejudice; but whether any other proceed>
ings will be instituted in the case We are not
advised
Tue FLOUR MARKET. - The Montana
Post, of April l4th, notices the further de,
cline IN the price of -four, and quotes St.
Louis at s2S y lOO,ib sack States, s24 F.;
Salt Lake, s22; other brands, SIS Cl $50.
These quotations are given as only nominal,
there being no transactions to base correct
report upon. The Post expects to be able to
chronicle different state of affairs in thirty
days.
ATTEMPTED SUICIDE. A letter from n
correspondent, dated Placerville, April 10th,
mentions the attempt of man Bamed Smith
to commit suicide. He used revolver and
shot himself throuph tho bo5, ;,a;o,;