State v. United States

(dissenting)-

The United States, hereinafter called plaintiff, filed its hill of complaint in the District Court of the United States for the District of Oregon against Columbia River Packers Association, Baker’s Bay Fish Company, and H. J. Barbey, hereinafter called defendants, alleging that plaintiff is the owner and entitled to the exclusive possession of a tract of land known as Sand Island situate in Clatsop county, in the State and District of Oregon; and that defendants have trespassed on Sand Island and have threatened to and will, unless enjoined, continue so to trespass. The bills prays:

"1. For an order of the Court, directing [defendants] to appear at a time fixed by this Court and show cause why the said defendants should not be enjoined and restrained from trespassing upon the said premises 1 set forth in the [bill of] complaint herein and from seining said premises and the landing of fish thereon and using said premises for horses and men and carrying on said fishing and seining operations.

“2. That upon hearing of this cause the Court decree that the defendants herein, and each of them, have no right, title or interest in and to those certain premises 2 lying in…

Columbia River Packers Association, Baker’s Bay Fish Company, and H. J. Barbey, hereinafter referred to as appellants, have appealed from a decree adjudicating that the United States, hereinafter referred to as appellee, is the owner and entitled to the immediate and exclusive possession of the sands and tide flats in question and enjoining appellants from occupying or attempting to occupy the property in question. After the suit was commenced by appellee against appellants, the State of Washington filed a motion asking leave to intervene, which motion was granted by order, which was thereafter set aside and the motion denied. The State of Oregon also asked leave to intervene by motion, which was thereafter denied. These States have taken separate appeals from the order denying the motions.

The dates of admission of Oregon and Washington as States, together with the material legislation regarding the boundary between them may be found in Washington v. Oregon, 211 U.S. 127 , 29 S.Ct. 47 , 53 L.Ed. 118 .

On October 21, 1864, the Oregon Legislature passed an act, a part of which is as follows: “There is hereby granted to the United States, all right and interest of the State of…