The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-11-04
THE CHURCH LOST.


c0ufn 1oS sgn8 s-se 49,. =. 49,
dt3o g . pokuoo q - suase q -
CONVEX. and q IT, military reservation .
that piaoo. ": IL suit q the Catholic
chuyvsh. aoiine - ia bfohop q Nseuually,
s,,.ne (3euosel 1ohn 0ib6on and Others.
rss-.. ~Ss.- 49, Ty-s<.a et.t.. Govern.
=
~. -. !. ,.,ovsr,cr q a. or~anic act
- <s..r.~ 49, -ht.h s-.rteS titIes q
= VIesVn ssHssesy ~s..Ss, II. 49,
the different religious Docaenee HAvine mis-
s ssu'As <,sss1,ss -n---r .st---s.a q
Roman OaSooeso cnukc4 -. !" 49,
claim 640 acros, including : portion Of the
Town q vsnccuvsr snd tss military ress g
yeu0n. tne1x cseam u9su8 49, -
thsir church had beou there during the
tine that tie land VS. Y poss -: g. sns
SPnys aAS -
brought suit for possession Of the land sev-
era1 wears aeo "a the territorial district
court at Vancouver. Ths case VS. decided
aeatust them ana thsy appealed % the su-
prerne CONT and the appeal was stu unde-
.sa~a 49,, ~. $500 80 or~.nfxAd and
49, 49, - .--.~s..--S - ~ rT,st-a
49, - sna 49, ..'s. = -.
ossses oilsz1cs e0u1s ~ o0. = 49,
court ana opinion puDusneo 0eaoWs arc
adverso to the suit Of the church. Follow
Inc Il the taxt of the opinion:
unftsd States circnit court, district o. wash
inrton. 1900 dfy1sion-The corporation Of
~ csshciir hi.hor a Nc.onslIv. plsintifI "a
Johr Gibbon. Z. II Andsrson. r r Yeatman
ana ne United states. defendants
evlIabus - he CONT:
i. gTATUTE-INTRRPRET
ACT or OREGON-PUBLIC LAND-MI66ION.
AkY STATIONS
Lne pfovis0 - ne organic ecs g Oreeon ger
49, ~ @ ~ q 49, srIn ~ 80
societieS q which ssid missionary stations re-
spectively belonged. must be G0nstrued - .
grant OF only the specific lands which were q
tne aate q ne ecsso occupieos exeLnsiveiy, ma
~ - s1. aeIae 81
fAnd n nnsscssion a fhs Hudson Bav Conn
pany 81 the date 81 aaid aet, and 70 which said
company had legal po6sessry right for Z
definite period, was not granted by said act. al
snoesn priests q ne koman sesnonc cnurcn
ggssm.son g s..a copssny Snsn neu enu
s-Sa'SS' : -. .s-'.sA
HAnf0rd, ].
The plaintiff in behalf Of the Roman Catholic
church. which he represents. seeks BY this suit.
psima1ay to tJ me title @ tract OF ts0 acres Of
land u possession Of the United States govern
mont and occupied = military reservation at
Vancouver In this state, and 70 obtain Z DECLARE
tory Judgment in has favor - the equitable
owner In trust for the church Of said property:
and incidentally to obtain IN injunction to pre-
vont the commission Of waste upon the
prsmiseA
wish 70 have q understood that In consider.
Ing the merits Of the plaintiffs claim, have
not overlooked the very important question =
to the power Of the court In this suit 30 grant
any part 81 the relief prayed for. In the case Of
the United states VI Jones, l31 q. p.l. de-
cided since this cAse was commenced, the su-
pfsms court held In effect that = pesson having
IN uuQusgtionab1e RIGHT to = conveyanco Of
Ia ~ |puunt IA ASaA
FULLY deprived oft cannot maintain suis %
compel such conveyauoe think thai under
existing laws disputed claim Of Z mere right
70 have couyoyanco Of tttlo nom the United
States. cannot consisteutly with that decision
b ltiestsd in any form Of proceed
Ing And = this caso does not come within
any known exception . the general rule
that a Injunction 70 restrain waste By I partv
in poosesoiou ana claiming tide adversely 70 tho
plaintiff, VIII not - GFuutod-if it hnd been
submitted % me on domufrur @ the complaint
should probably have held that the plaintiff
could not obtain either form OF folief 4 pro-
hminey question = 70 The lssal capacity Of the
raiaed 81 cosnssi: but 8 msch dine snd isbor
re $780, sr.rt q, t.rsv~ t.~ss,.c,- "a q -
srrursn. "a, ~ r,s,sss 49,. n..s,.r,,.a ~ y
pass ~ tneeo Queauons ana ret my dectsion on
the facts and the law affecting tho VALIDITY Of
me claim Of the Catholic church to this land /
40 % N ORDER mat On appeal the whole case b
= once taken % sne supreme court
Inc iond claimed ~ plalnun WA With other
land adjoining and surrounding IL. occupied BY
TIE Hudson Bay Company - ate for . fort.
trading post and farm, and was the metropolitan
essAoAsumen. u snat company On the Pacific
coast from about the year 1925 until IL was
occupied by United States troops. In 20 occupy.
inc the land and N carvvine ~, a.. t-.Nsr,
brsiness fhe co,nnanv vss rvse.ss,r~ ,,,a~.
-. -. ~. AZ ,sss...r go. -. 1s u1uer :
cnassel sno incense nom the sovereign OF Eng-
iena. Inc license % uade with the Indians
Wess Oh tho hocky mountains, including the