, 1875-06-05
Mission Claims.

I hon- asstdnt AItcrney Oenetai omiIn
opinion- In 1872 he said:
1.-The possession must have been demon
strated by recognized boundaries before th
l4th of August, 1S4S." He asks: Wha
Is confirmed to religious society shown to b
within the ProvisoS' He answers: Onl,
the land occupied as a mission, which wa
set forth by specific boundaries"
81 know of no rule 80 liberal as 10 holC
land occupied, which has never been included
in any enclosure, nor in any asserted claim
upon which no improvements have ever beei
made" ~
'' The Mission on the 18th Of August
1s4S, was only in occupancy of the lanC
covered by the church edifce, AMI such lanC
as was sppendant to it,"
81 know Of no rule so liberal as to holc
land occupied upon which no improvement,
have ever been made.
am unable to see how Hon. Commissioner
Wilson reached the conclusion contained in
his instructions (given in 1853 at the instance
OF the Catholic MissiOn,) TO the Surveyor
General. 1t is my opinion, an erroneous
construction of the proviso." Congress, by
the Act of 1860, in favor of the Methodist
Mission Claim, confirmed the construction of
Hon. Wilson so does Delano in 1915 Are
they both in error0
OFFICIAL OPINION OF HON. SMITH.
"0n the whole am satisfied that on the
| 14th Of August, lS4S, there was existing
missionary station within the limits of the
Act at Vancouver, known a. the Mission Of
st. james, that the Mission then occupied a
small tract Of land which had been improved
by the erection of church.
l am therefore of the opinion that said
| land, as near as can be nov ascertained, to-
gether with the Improvement thereon, should
BE- set off by the Surveyor General as the
tract confirmed by the Act of 1913 to the re-
ligiOus society TO which such Mission te-
longs" W. II. SMITH,
Assistant Attorney General.
METHODIST MISSION CI.AIM, AT THE DALL.ES,
OREGON.
Hon. Secretary of the Interior DeIano's
opinion and decision. He says:
"The boundaries were designated in June,
1850. am of the opinion that the survey
Of 1850 WAS a timely and sufficient indica.
tion and establishment of specific boundaries.
| To require that it (the designation of boun-
darles) should have been made before 1t was
actually done would be unreasonable. When
it became necessary, by reason of the grant
of 1913, TO specifically designate the boun-
diaries, it was accomplished.
"If the land was occupied as missionary
station at the date of the passage Of the Act,
title is confirmed"
"In view Of the great benefits rendered tC
the nation by the missionaries III their early
labors in Oregon, there is little room to 6oubt
that Congress WAS moved thereby to making
the grant as a slight acknowledgment there's
and as a consideration of pasI services ZEN
dered." Very true, indeed bat why NO
equally 20 with regard to Catholics = "How
ever this may be, the statute being remedia
Is entitled to liberal construction"
ITO adopt the more liberal construction
and hold that the land was occupied as &
missionary station within the meaning of tn,
Act, IL, think, but reasonable aud proper
and this is evidently the view taken of it by
Congress. when they subsequently, passed III,
Act Of June 18th. 1860, ~ Stats p. Az t.
paw the Methodist Society for a portion o
land embraced in It's claim" This is quit
right; but why not apply the same libera
construction to the Catholic Mission claim
"In 1911, the station had about one hun
cred acres enclosed, and not any more wer,
enclosed after.
a am OF the opinion that the occupation
and the general boundaries (which wer'
merely ideal till the survey of 1850 ZEN
braeing as they did more than 64G acres
were sufficient to establish the claim TO th'
} full quantity granted by the Act"
OFFICIAL DECISION OF HON. c. DEIANO.
"In my opinion, the Society (MethOdist) i
entitled to the land included in the survey o
1850, rs shown Oh the map, less 373 and 1
fraction acres, included in the military re
serve paid by Congress.
81 reverse the decision of your Office. ,
Commissioner of the General Land Ofhee-)
C. DEIANo, Secretary.
OFFICIAL APPRECIATION OF THE OPINION OF
HON. W. H. SMITH.
DrP,nrMEsr OF THE INTERIOR,
Washington, March II, 1872. !
SRI transmit herewith copy Of tn
| opiuiou of Hon. Walter II. Smith, Assistan
Attorney General, Of the 29th of Janusr.
last, in the claims of the Roman CatholI
; Mission of St. James 10 certain lands Il
Vancouver district, Washington Territory
under the Act Of August, lS4S- - Stats 80.
I also transmit copy of a letter on IN
subject. addressed 10 the Department on tn
ID inst, by Hon. G.. H. Williams, AttOrne!
General, to whom the opinion of the Assist
ant Attorney was submitted. | fully concu
in the views set forth III the opinions, AM
, Won will give the necessary order to carr.
them into effect. an respectfully, yoa
obedient servant.
B.R. CowAS, Acting Secretary.
Hox. WILLIS DRUmMOSD,
/, Com'r. of the Gen. Land Office.
On the 10Th Of July, 1872, the survey Q
the land was made, allowing to the Cathob
: Mission less than half al a1e'
COROLLARY.
{ The title to the whole Catholic Missio
r Claim was rejected in 1872.
|. Because on the l4th of August, 1873
the claim was not set forth by specific boun
dsries-
.. Because it had never been included Il
any enclosure, and
3. Because there were no improvement
, made on it.
The title TO the whole Methods. Mis-io'
Claim is acknowledged in 1919.
|. Though the boundaries were indic&,e'
only in 1850, the survey OF that yea. Ot @
ing timely and sufficient indication and e
; tablishment of the specific boundaries.
!, .. Though only one hundred acres ma
been included in an enclosure, ana
: 3. Though $40 acres were WITHOUT a."
! Improvement vhatsocTer.
% through contradictory arguments, tn
I ne1n,,,ns,ts of Interiur and 0f Justice con
biped find that the Act of the fourteenth
2 AnyD-t. IS4s, must be interpreted as gram
q inr % the Methodist Mission $40 aerts, an
70 ,bs Catholic Mission the quantity OF nc
Respectfully and confidently submitted
:. the candid appreciation OF an unprelnoioe
D and sensible public, BY A CATHOLIC
DornI.Es IHE VALUE.-Mary Ellen say