Corporation of the Catholic Bishop of Nesqually v. Gibbon

In section 1 of the act of congress of August 14, 1848, establishing the territorial government of Oregon, is the following proviso: 'Provided, also, that the title to the land, not exceeding six hundred and forty acres, now occupied as missionary stations among the Indian tribes in said territory, together with the improvements thereon, be confirmed and established in the several religious societies to which said missionary stations respectively belong.' 9 Stat. 323. Oregon, as then organized, included all that region west of the Rocky Mountains, and north of the forty-second degree of north latitude, part of which became afterwards the territory, and later the state, of Washington.

In February, 1887, the appellant, as plaintiff, commenced a suit in the district court of the Second judicial district of Washington Territory against the defendants, John Gibbon, T. M. Anderson, and R. T. Yeatman. In the bill then filed the plaintiff alleged that, under and by virtue of the foregoing proviso, it was entitled to a tract of 640 acres at and adjacent to the present town of Vancouver, 430 acres of which were in the occupancy of the defendants, as officers and soldiers of the United States, who held the same as a military reservation; and the prayer was for an injunction, a decree of title, and a surrender of possession. Under the direction of the attorney general, the United States attorney for the territory of Washington entered the appearance of the United States, and filed an answer in behalf of all of the defendants. While the case was pending in the territorial courts, Washington was admitted as a state, and the case was thereupon transferred to the circuit court of the United States for the district of Washington. In that court, upon pleadings and proof, a decree was entered in favor of the defendants, dismissing the bill. 44 Fed. 321. From such decree the plaintiff appealed to this court.

A. H. Garland, Heber J. May, and R. C. Garland, for appellant.

Sol. Gen. Conrad, for appellees.

Mr. Justice BREWER, after stating the facts in the foregoing language, delivered the opinion of the court.