Oliver Wendell Holmes, Jr.

“ But, on the merits, we are of opinion that the plaintiffs have no case.
We see no ground whatever for the doubt suggested as to the power of the territory to accept the deed. If that power was not incident to the organization, it was implied by § 13 of the organic act, as Congress granted $5,000 for 'the erection of suitable buildings at the seat of government.' For that purpose it was necessary that the territory should control the land, and especially, in a region where land was so cheap as it was in those days, the implied authority cannot be confined to the taking of a lease. ”

“ We supose that, in the absence of a statute specially dealing with the matter, either the title would be taken to relate back, or it would be held that a permitted conveyance, before the government has given a legal title to anyone, made by a person in process of acquiring a title in the statutory method, would be taken to have contemplated that the grantee should have the benefit of what was done afterwards to perfect it. Those propositions we are not called upon to discuss. ”

“ The facts found were substantially those set forth in the pleadings, except that it was held to be proved that Sylvester filed his notification of settlement with the surveyor general of Oregon in February, 1854, before the date of his deed to the territory, although, as has been shown, his final proof and his receipt of a patent were after that date. The plaintiffs specially set up the invalidity of his deed under the Oregon donation act, and the incapacity of the territory to accept it under the act by which it was organized, and claimed title on these grounds. ”