Page:Oregon Historical Quarterly volume 16.djvu/39



MISSION CLAIM TO THE DALLES 31

States. Argued March 22, 1883. Decided April 16, 1883. The history of the case continued the same and the three cases were tried upon the same evidence used in the Circuit Court of Oregon, and the statement of the case by Mr. Justice Woods brings in but one new argument, which is based upon the following :

"Until the passage of the Act of 1850, called the Donation Act, no one could acquire as against the government any title to or interest in the public lands of Oregon Territory, and there could be no constructive possession of them." Before that there was no law by which any person or company could acquire title from the government except by the grant of August 14, 1848 possessory rights were not recognized." The most they could claim was the right of actual occupancy as against other settlers." After briefly reviewing the case, Jus- tice Woods delivered the opinion of the Court as follows : "The decree of the Circuit Court was, therefore, right and must be affirmed." Mr. E. L. Fancher for appellant. Messrs. John H. Mitchell and James K. Kelly for appellee.

Many citizens of The Dalles paid the Missionary Society for their holdings in the town and I cannot leave this subject without a brief reference to that part of it. Mr. John C. Cart- wright levied the assessment for the Board of Missions and made the settlements. In about 1886 Rev. W. G. Simpson, then pastor of M. E. Church in The Dalles, went to New York and succeeded in getting a hearing from the Board with the result that $23,000 was honorably returned to The Dalles people who had settled with the mission Board through Mr. Cartwright. In reference to suits Nos. 391 and 392 I would say that on Nov. 1st, 1853, Winsor D. Bigelow took a donation land claim of 320 acres (claim No. 40) at The Dalles and resided upon it and cultivated it until Feb. 16th, 1860. His title was derived under act of Congress of Sept. 27th, 1850, commonly called "The Donation Act," and which gave, upon certain conditions, to every white settler upon the public lands, who was over the age of 18 years and being a citizen of the United States, a half section of land if he were single or