, 1890-11-06
Judge Hanford's Decision in
a Land Case.
THE CHURCH HAS NO TITLE
Early Catholic Missionaries Did
Not Come Under the Terms
of the Treaty.

DlsuOp oil Neslually TO OBTAIN title TO
tract of 43O acres OF land, occupied as
military reservation by the United States
at Vancouver, in the state OF Washing
ton. The claim brought by plaintiff is
based upon the establishment of q mis-
sionary station at Vancouver, with the
consent of the Hudson Bay Company.
The property is now very valuable and
is estimated to be worth from $500, 900 to
| 81, 600, 900.
Judge Hanford reviews the case at
length and says he determined to pass
by the several subordinate questions
raised aud rest his decision on the facts
and the law affecting the validity Of the
claim of the Catholic church to this
land, and does SO In order that an ap-
| peal OF the whole case can at once be
taken to the supreme court.
He then reviews the claims Of the
plaintiff and the history of the occupan-
cy of the land by the m ilitary authori-
ties, which facts are we'll known, and
adds: 'In the treaty of 1916 between the
United States and Great Britain the
Hudson Bay Company's possessory
right for the unexpired part of said pc
rod of twen ty-onu years was recognized
and guaranteed by the following clause:
In the third article in the future appro-
priations of the territory south OF the
forty.ninth parallel of north latitude, as
provided in the lirst article OF this treaty,
the possessor's rights of tho Hudson
Bay Company and of all British subjects
who may be already in the occupation
of the land or other property lawfully
acquired in the said territory, shall be
respected
| THE law upon which the plain tiff 5
claim to the land is founded Is contained
in IL proyiso to the first section of the or
ganic act OF Oregon territory, entitled
An act to establish the territorial gov
ernment of Oregon Approved August
IA, lSis, ninth United States statute, page
1923, and reads as follows: That the
title to the land, not to exceed $40 acres,
now occupied as missionary stations
among the Indian tribes in said terrific
ry, together with the improvement Is
thereon, be confirmed and established
in the several religious societies to
which said missionary stations respect
lively belong
''ln the argument counsel for the
plaintiff has insisted that the decision
of the secretary of the interior Is con
| elusive as TO the facts in the case. l
think, however. that as the law has
not conferred any authority upon the
| department to take proofs o. decide any
question concerning the grants made
for missionary stations, by the statute
above cited, the court is not bound by
said decision and IT must find the facts
i'm an independent way. From the
tastirnnnv fha trial and ho
exhibits introduced 1t Is assured in the
brief argument of counsel that the ques.
tion OF chief importance is whether there
was missionary station upon his land
on the l4th day of August, is4s, and the
contention is that if a missionary sta
tion existed there on that day then by
the said act of congress right to the
full quantity of GAG acres passed to and
became vested in the religious society,
which the plaintiff represents, subject
only to the remembrance of the Hud-
son Bay Company's temporary right or
possession. / am convinced, however,
that the purpose of this act was not to
make gift nor to reward meritorious
efforts in the missionary service, but
rather to recognize the just claims OF q
few people who had incidentally in con-
nection with missionary labor, by their
toll created property, whereby the ma
teral interests of the nation were af-
fected and greatly benefited, and to pro-
tect their not really rights to the prop
erty so created by con ntirming 10 them
the legal rights thereto.
'lt is to Oe presumed that in legi slat-
ing for Oregon congress was influenced
by existing facts, which were then gem
orally well known. 1t was fact well
known at the time of the passage of this
statute that missionary stations had
been established and were then main
tanned among the Indian tribes at sew
eral places in Oregon territory by differ
ant denominations of Christians. The
missionaries were mostly loyal citizens
of the United States. They were the
pioneers of immigration. They aided
in the establishing of the provisional
government of Oregon, and they were
helpers in securing this country
for this nation. Failure or
neglect on the part of the
government to make good this title of
the first American Inhabitants of the
country, TO the land made valuable by
their labor would have been base in
gratitude. To do what congress did,
that is, con firm the societies of the
tribes to the land occupied by their
| respective missionary stations, the i'm
provements thereon made by their
servants, the missionaries, was simple
Justice. In this view of the M after The
appropriateness of the somewhat
peculiar phraseology of the statute be-
comes apparent. The form of convey
ing title by confirming instead of grant
ing the same harmonizes with the idea
of prs-existing equitable right and
already acquired possession.
"The word occupied ,sypony nous for
possessed, covered, filled, 10 an appro-
PIRATE word to use for the purpose of
Identifying land in actual possession
and use. The entire frame of the act
to grant specific lands to certain well
known institutions These eonsiders-
tions make II necessary to give now oocu-
pied, It's full force and meaning, and ex-
clude the idea that the occupancy OF a
tenant or guest, or any occupancy In
subservienoy TO the right OF another,
could suffice to support claim to q grant
under this statute. As the Catholic mis-
sionaries did not improve the land
claimed in this suit nor occupy it. ex-
cept by permission from and In subordi-
nation to the Hudson Bay Company, 1t
Is impossible for me to conclude that
congress intended or did give the valu-
able buildings ana Improvements on this
land, which that company owned, to the
church, q conclusion not to be escaped
from II tho land covered by those im-
provements was granted. Another view
that may he taken of the cese is this: Ii
tue act IS not to be regarded as a grant
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