Page:Federal Reporter, 1st Series, Volume 6.djvu/368

 356 FEDERAL REPORTER. ���Dalles Citt v. The Missionabt Society of thb M. B, �Chubch. �Sellt and others v. The Samb. �Eelly and another v. The Same. �(District Court, D. Oregon. December 3, 1879.J �1. Gbaht to Missions in Oeegwn. �The grant to religious societies of mission stations in Oregon, con- tained in section 1 of the act of August 14, 1848, (9 St. 323,) is not oon- fined to a single station to eacli society, but includes as many stations as were tlien actually occupied by each society for missionary purposes among the Indians. �2. Patent — Survbt. �A patent issued under section 2447 of the Rev. St., upon a survey not approved by the surveyor general, is void t and in case of a grant under section 1 of the act of August 14, 1848, the survey to be ap- proved by the surveyor general necessarily involves the determina- tion of the question, what is the quantity and boundary of the claimf �5. Mission Station. �The grant to religious societies contained in the actaforesaid of the missionary stations occupied by them in Oregon on August 14, 1848, not exceeding 640 acres, is not confined to the land actually enclosed and cultivated by them, but should be construed to include the max- imum quantity at each station occupied by them ; that is, claimed and m any way tised by them, and not in the actual occupation of any ona else. �4 Occupation of Mission Station. �" Occupancy " is a word of narrower signification than possession, and means to possess by laying hold of or being actually upon the thing possessed continuously and exclusively. Prior to August 14, 1848, the title to ail lands in Oregon was in the United States,- and therefore no person could have constructive possession of any portion thereof, or any possession thereof, or interest therein, except actual possession or oecupancy ! and vs^hen this was given up or abatidoned, the relation of the party to the land was absolutely terminated. �6. Mission Station at thb Dalles. �The Missionary Society of the M. E. Church established a mission among the Indians at Wasoopum, near the Grand Dalles of the Co- lumbia, in 1838, and in September, 1847, abandoned and transfcrred the same to Dr. Whitman, of the Presbyterian mission at Wailatpu, and never re-occupied the same. Ildd, that the society did not re- ceive a grant of said station under section 1 of the act of August 14, ��� �