B 457631
STATE OF WASHINGTON

LAWS
RELATING TO
School, Granted, and Tide Lands
WITH
Provisions of the State Constitution and an Appendix
containing the Acts of Congress, regulating
grants of land to the State, and re-
lating to the National
Forests
ANNOTATED AND COMPILED BY
E. W. ROSS,
Commissioner of Public Lands
OLYMPIA, Wash. :
C. W. GORHAM, PUBLIC PRINTER
1907

STATE OF WASHINGTON
LAWS
RELATING TO
School, Granted, and Tide Lands
WITH
Provisions of the State Constitution and an Appendix
containing the Acts of Congress, regulating
·
grants of land to the State, and re-
lating to the National
Forests
ANNOTATED AND COMPILED BY
E. W. ROSS,
Commissioner of Public Lands
OLYMPIA, WASH.:
C. W. GORHAM, PUBLIC PRINTER
1907
CONSTITUTIONAL PROVISIONS.
ARTICLE III.-THE EXECUTIVE.
SECTION 1. The executive department shall consist of a Gov-
ernor, Lieutenant Governor, Secretary of State, Treasurer, Audi-
tor, Attorney General, Superintendent of Public Instruction, and
a Commissioner of Public Lands, who shall be severally chosen
by the qualified electors of the state at the same time and place
of voting as for the members of the Legislature.
The Attorney General cannot file information in quo warranto of his own
motive State ex rel. Atty. Gen. v. Seattle Gas Co., 28 Wash. 488.
The officers of the state not limited to those enumerated, and a member of
State Board of Education is an executive officer: State v. Womack, 4 Wash. 19;
State v. Smith, 9 Wash. 195.
A member of the board of regents of the Agricultural College is not state
officer so as to give Supreme Court original jurisdiction in mandamus: State
ex rel. Stearns v. Smith, 6 Wash. 496.
SEC. 3. The Lieutenant Governor, Secretary of State, Treas-
urer, Auditor, Attorney General, Superintendent of Public In-
struction, and Commissioner of Public Lands, shall hold their
offices for four years, respectively, and until their successors are
clected and qualified.
Cited: State v. Womack, 4 Wash. p. 26; State ex rel. Dudley v. Daggett,
28 Wash. p. 16.
When the Lieutenant Governor, by virtue of his office and by command of
the constitution, assumes the duties of Governor on the death of the Governor,
the office of Lieutenant Governor does not thereby become vacant, but the officer
remained Lieutenant Governor, intrusted with the powers and duties of Gover-
nor: State ex rel. Murphy v. McBride, 29 Wash. 335.
SEC. 23. The Commissioner of Public Lands shall perform
such duties and receive such compensation as the Legislature
may direct.
Salary: $1, Laws post.
SEC. 24. The Governor, Secretary of State, Treasurer, Audi-
tor, Superintendent of Public Instruction, Commissioner of Pub-
lic Lands, and Attorney General shall severally keep the public
records, books and papers relating to their respective offices, at
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LAND LAWS OF WASHINGTON
the seat of government, at which place also the Governor,
Secretary of State, Treasurer, and Auditor shall reside.
ARTICLE IX.--EDUCATION.
SECTION 1. It is the paramount duty of the state to make
ample provision for the education of all children residing within
its borders, without distinction or preference on account of race,
color, caste, or sex.
See, also: $1 of Art. 13, and post sub-division fourth of Art. 26.
Cited: Homes & Bull Furniture Co. v. Hedges, 13 Wash. p. 699; Rauch v.
Chapman, 16 Wash. p. 576; Sheldon v. Purdy, 17 Wash. p. 139; State ex rel.
Pt. Townsend v. Clausen, 40 Wash. p. 105.
SEC. 2. The Legislature shall provide for a general and uni-
form system of public schools. The public school system shall
include common schools, and such high schools, normal schools,
and technical schools as may hereafter be established. But the
entire revenue derived from the common school fund, and the
state tax for common school, shall be exclusively applied to the
support of the common schools.
See note to preceding section.
Cited Pacific Mfg. Co. v. School Dist. No. 7, 6 Wash. 121; Rauch v. Chap-
man, 16 Wash. p. 576; Sheldon v. Purdy, 17 Wash. p. 139; Rand, McNally Co. v.
Hartranf, 29 Wash. p. 595.
SEC. 3. The principal of the common school fund shall re-
main permanent and irreducible. The said fund shall be de-
rived from the following sources, to-wit: Appropriations and
donations by the state to this fund; donations and bequests by
individuals to the state or public for common schools; the pro-
cecds of lands and other property which revert to the state by
escheat and forfeiture; the proceeds of all property granted to
the state when the purpose of the grant is not specified, or is
uncertain; funds accumulated in the treasury of the state for
the disbursement of which provision has not been made by law;
the proceeds of the sale of timber, stone, minerals, and other
property from school and state lands, other than those granted
for specific purposes; all moneys received from persons appro-
priating timber, stone, minerals or other property from school
and state lands other than those granted for specific purposes,
LAND LAWS OF WASHINGTON
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and all moneys other than rental recovered from persons tres-
passing on said lands; five per centum of the proceeds of the sale
of public lands lying within the state, which shall be sold by the
United States subsequent to the admission of the state into the
Union as approved by section 13 of the act of Congress en-
abling the admission of the state into the Union; the principal
of all funds arising from the sale of lands and other property
which have been and hereafter may be, granted to the state for
the support of common schools. The Legislature may make fur-
ther provisions for enlarging said fund. The interest accruing
on said fund, together with all rentals and other revenues derived
therefrom, and from lands and other property devoted to the
common school fund, shall be exclusively applied to the current
use of the common schools.
Cited: Sheldon v. Purdy, 17 Wash. p. 139; State ex rel. Port Townsend v.
Clausen, 40 Wash. 105.
The sale of lands and proceeds thereof cannot be used as provided in Laws
of 1895, p. 5, for the erection of normal buildings : State ex rel. Heuston v.
Maynard, 31 Wash. 132.
ARTICLE XV.-HARBORS AND TIDE WATERS.
SECTION 1. The Legislature shall provide for the appoint-
ment of a commission whose duty it shall be to locate and estab-
lish harbor lines in the navigable waters of all harbors, estuaries,
bays, and inlets of this state, wherever such navigable waters lie
within or in front of the corporate limits of any city or within
one mile thereof upon either side. The state shall never give, sell,
or lease to any private person, corporation, or association any
rights whatever in the waters beyond such harbor lines, nor shall
any of the area lying between any harbor line and the line of
ordinary high tide, and within not less than fifty feet nor more
than 600 feet of such harbor line (as the commissioners shall de-
termine) be sold or granted by the state, nor its right to control
the same relinquished, but such area shall be forever reserved for
landings, wharves, streets, and other conveniencies of navigation
and commerce.
See generally note to Art. 17 of Const., post.
This article is nothing more than a limitation upon the Legislature prohibit-
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ing it forever from disposing of the sea or river bed beyond certain lines, in
front of incorporated towns: Eisenbach v. Hatfield, 2 Wash. 236.
The building by the state or its grantees of wharves, etc., upon the shores of
navigable waters, is not the taking of private property for a public use: Id.
The contract of the state for the excavation of waterways, does not release
the state's title to the land but merely gives a lien that is held in abeyance until
the state disposes of its title: Hayes v. Hill, 23 Wash. 730.
The rights of the state are subject to the rights of the United States to regu-
late commerce : Harbor Commission v. State, 2 Wash. 530.
Lands between the harbor area and the high tide land are, "intervening tide
lands": State ex rel. McKinzie v. Forrest, 11 Wash. 227.
Individuals cannot be given discretion as to the manner of improving harbor
areas: State ex rel. Trimbell v. Bridges, 22 Wash. 98.
The word "city" as used in this article refers also to "towns": State ex rel.
Simpson Mill Co. v. H. L. Commission, 4 Wash. 6.
Navigation and commerce means navigation and aids thereto : State ex rel.
Denny v. Bridges, 19 Wash. 44.
Harbor lines once established shall not be changed. Act of 1895, page 106,
void : Wilson v. State Land Commissioners, 13 Wash. 65.
Harbor lines must be established before tide lands can be appraised : State
ex rel. Hewit v. Sharpstein, 4 Wash. 68.
The running of harbor lines to include lands under wharf is not a taking to
entitle the owner of a wharf to damages: H. L. Commissioners v. State, 2
Wash. 530.
The Federal Government is the only power to object, to legislation of the
state, opposed to that of Congress on the subject of navigation and harbor lines:
Id.
Tide lands in one sense are state lands:
7 Wash. 150.
Seattle & Mont. Ry. Co. v. State,
Schlopp v.
The state may enter into contracts for the making of waterways:
Forrest, 11 Wash. 640; Miss. Val. Trust Co. v. Hofious, 20 Wash. 272; Seattle &
Lake Wash. etc. Co. v. Seattle Dock Co., 35 Wash. 502.
SEC. 2. The Legislature shall provide general laws for the
leasing of the right to build and maintain wharves, docks, and
other structures upon the areas mentioned in section 1 of this
article, but no lease shall be made for any term longer than
thirty years, or the Legislature may provide by general laws for
the building and maintaining upon such area, wharves, docks,
and other structures.
Cited: Eisenbach v. Hatfield, 2 Wash. p. 260; Wilson v. State Land Com-
missioner, 13 Wash. p. 68.
Under article 15, Const., the same rule applies to riparian property within a
mile of the limits of an incorporated city: Eisenbach v. Hatfield, 2 Wash. 236.
Nor has he any right to extend wharves in front of his land below high-
water mark: Eisenbach v. Hatfield, 2 Wash. 236.
Act of 1854, permitting the abutting owner to build wharves, was a license,
and until the preference right to purchase was availed of was revocable, and
the constitutionand and subsequent laws abrogated it: Eisenbach v. Hatfield,
2 Wash. 236.
LAND LAWS OF WASHINGTON
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"Other structures" means "conveniencies of navigation and commerce" as
used in section 1, supra : State ex rel. Denny v. Bridges, 19 Wash. 44.
The state may build wharves or other structures or lease such right to in-
dividuals: State ex rel. Trimble v. Bridges, 22 Wash. 98.
A railroad is not an improvement to entitled the owner to special considera-
tion : Lake Whatcom Logging Co. v. Callvert, 33 Wash. 126.
SEC. 3. Municipal corporations shall have the right to ex-
tend their streets over intervening tide lands to and across the
area reserved as herein provided.
Statutory authority of cities: §60 et seq. Laws post; see note to §61 Laws
post.
Municipal corporations as used in this section include cities and towns:
State ex rel. Stimpson v. H. L. Commission, 4 Wash. 6.
The rights of a municipality to extend its streets over tide lands is superior
to an "improver's right": Columbia etc. R. Co. v. Seattle, 6 Wash. 332.
The rights of a private boom company are inferior to those of a city to ex-
tend its streets: Globe Mill Co. v. Bellingham Bay Imp. Co., 10 Wash. 458.
Where a city grants a right of franchise over streets on tide lands, before
the establishing of such streets it is estopped to deny such franchise after the
extension of such streets: Seattle & Col. Ry. Co., 6 Wash. 279.
Streets to be extended must be existing streets : Seattle & Mont. Ry. Co. v.
State, 7 Wash. 150.
The right to extend streets ends with the low tide line: State ex rel. Mc-
Kinzie v. Forrest, 11 Wash. 227.
This section refers to all cities and towns: Wilson v. State Land Commis-
sion, 13 Wash. 65; State ex rel. Bartlett v. Forrest, 12 Wash. 483.
The right given to cities is not a continuing one: State ex rel. Gátzert v.
Schwabacher Land Co., 19 Wash. 428.
The right to extend streets must be exercised at time of platting: State ex
rel. Land Co. v. Bridges, 19 Wash. 428.
A street extended by ordinance over tide lands and recognized as a street by
the state must be held to be a valid street: State ex rel. Bartlett v. Forrest,
12 Wash. 483.
"The power to extend or project streets" means to construct in the same di-
rection and with the same width: Ilwaco v. Ilwaco Ry Co., 17 Wash. 652.
The state land commissioners appointed under the public lands act of March
26, 1895, have no authority to review the action of local boards of tide land ap-
praisers in the location of streets upon tide lands, which acts had been subse-
quently confirmed by legislation: Seattle v. Forrest, 14 Wash. 423.
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An occupant of tide lands cannot object to improvements on the harbor area
so long as he has access to navigable water: Morse v. O'Connel, 7 Wash. 117.
ARTICLE XVI.-SCHOOL AND GRANTED LANDS.
SECTION 1. All the public lands granted to the state are held
in trust for all the people, and none of such lands, nor any
estate or interest therein, shall ever be disposed of unless the full
market value of the estate or interest disposed of, to be ascer-
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LAND LAWS OF WASHINGTON
tained in such manner as may be provided by law, be paid or
safely secured to the state; nor shall any lands which the state
holds by grant from the United States (in any case in which the
manner of disposal and minimum price are so prescribed) be dis-
posed of except in the manner and for at least the price pre-
scribed in the grant thereof, without the consent of the United
States.
Conditions of grant, see $14 of enabling act, appendix, post.
Cited: Scattle & Mont. Ry. Co. v. State, 7 Wash. p. 152.
SEC. 2. None of the lands granted to the state for educa-
tional purposes shall be sold otherwise than at public auction to
the highest bidder. The value thereof, less the improvements,
shall, before the sale, be appraised by a board of appraisers, to
be provided by law, the terms of payment also to be prescribed
by law, and no sale shall be valid unless the sum bid be equal to
the appraised value of said land. In estimating the value of said
lands for disposal, the value of the improvements thereon shall
be excluded: Provided, That the sale of all school and university
land heretofore made by the commissioners of any county or the
university commissioners, when the purchase price has been paid
in good faith, may be confirmed by the Legislature.
For appraisement and sale 'generally, sce §§30 et seq., Laws post.
Conditions of grant, see provisions of enabling act, appendix, Laws post.
The requirements of the enabling act as to price and the manner of sale
modified by the proviso in above section: Romaine v. State, 7 Wash. 215.
SEC. 3. No more than one-fourth of the land granted to the
state for educational purposes sall be sold prior to January
1, 1895, and not more than one-half prior to January 1, 1905:
Provided, That nothing herein shall be construed as to prevent
the state from selling the timber or stone off of any of the state
lands in such manner and on such terms as may be prescribed by
law: And provided further, That no sale of timber lands shall
be valid unless the full value of such lands is paid or secured to
the state.
Sale of school and granted lands, §§30 et seq., Laws post.
SEC. 4. No more than one hundred and sixty (160) acres of
any granted lands of the state shall be offered for sale in one
LAND LAWS OF WASHINGTON
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pracel, and all lands within the limits of any incorporated city,
or within two miles of the boundary of any incorporated city,
where the valuation of such lands shall be found by appraise
ment to exceed one hundred dollars ($100) per acre, shall, be-
fore the same be sold, be platted into lots and blocks of not more
than five acres in a block, and not more than one block shall be
offered for sale in one parcel.
Sale of school and granted lands, $$30 et seq., Laws post.
ARTICLE XVII. TIDE LANDS.
XVII.—TIDE
SECTION 1. The State of Washington asserts its ownership
to the beds and shores of all navigable waters in the state up to
and including the line of ordinary high tide, in waters where the
tide ebbs and flows, and up to and including the line of ordinary
high water within the banks of all navigable rivers and lakes:
Provided, That this section shall not be construed so as to debar
any person from asserting his claim to vested rights in the courts
of the state.
The state owns the tide lands: Shively v. Bolby, 152 U. S. 1, and notes in
Rose's Notes, Vol. 12, p. 516; Mann v. Tacoma Land Co., 153 U. S. 273; Baer v.
Moran Bros., 153 U. S. 287, and see Index to Rose's Notes, Vol. 13, p. 691,
"Lands Under Water"; also Cent. Digest, Vol. 37, cois. 161-241, and Vol. 41.
cols. 938 to 942.
Tide lands defined, see Words and Phrases, Vol. 8, p. 6970.
Classification of tide lands, §57, Laws post.
Statute regulating sale of, generally, $68 et. seq., Laws post.
Sale of tide lands for oyster culture, §194, et seq., Laws post.
Sale of cultivate lands, §192, Laws post.
See, also, §§76, 77, 78, Laws post.
Tide lands belong to the state with full power of jurisdiction and control,
restricted only by the constitution of the United States, and of the state: Eisen-
bach v. Hatfield, 2 Wash. 236; Harbor Line Comm'rs. v. Yesler, 2 Wash. 530;
State v. Harbor Line Comm'rs., 4 Wash, 816.
No individual can claim any easement in or impose any servitude upon tide
lands in the state without the consent of the state. Id.
Injunction will not issue against owners of improvements in actual use for
commerce made on tide lands in front of owner's premises, for such owners have
preferred right of purchase. Id.
The shores of lands of fresh water lakes belong to the state: McQue v.
Bellingham Bay etc. Co., ~ Wash. 156.
A littoral owner cannot maintain ejectment against persons occupying the
premises between him and low water when he has no lease for the same from
the state: Pirce v. Kennedy, 2 Wash. 324; and see Van Siclen v. Muir, 89 Pac.
188.
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LAND LAWS OF WASHINGTON
The right of the state is subject to paramount right of the government to
regulate commerce and navigation: H. L. Commission v. State, 2 Wash. 530;
and see Remington's Notes, p. 36.
Riparian owner can assert no valuable rights below ordinary high tide
against the state: H. L. Com. v. State, 2 Wash. 530.
This section has reference to a stream navigable for commercial purposes
generally, and not those which are public highways merely for the floating of
logs. Watkins v. Dorris, 24 Wash. 636.
Tide lands in one sense are state lands: Seattle & Mont. Ry. Co. v. State,
7 Wash. 150.
Tide lands became the property of the state upon the admission of the state
into the Union: West Seattle v. West Seattle Land etc. Co., 38 Wash. 539.
State
Tide lands of the first class extend from the inner harbor line to line of
ordinary high tide, or patent line where same is below line of high tide:
ex rel. McKenzie v. Forrest, 11 Wash. 227.
The public corporation has no right to interfere with the flow of an unnavi-
gable stream to the detriment of a riparian owner, even though such stream has
its source in a navigable body of water: New Whatcom v. Fairhaven Land Co.,
24 Wash. 493; as to littoral owners on lake, see, Kalez v. Spokane Land etc.
Co., 42 Wash. 43.
The state is not required to sell tide lands merely because of the improve-
ments thereon: State ex rel. Bartlett v. Forrest, 12 Wash. 483..
The sale of tide lands by the state is subject to the paramount rights of the
public to the waters thereon and confers no right to obstruct navigation therein :
Dawson v. McMillan, 34 Wash. 269.
A riparian owner has no interest in the land under water in a slough that is
navigable even though such slough is not meandered: Lounsdale v. Grays Harbor
Boom Co., 21 Wash. 542.
The vested right granted by the statute may be taken away if not exercised:
Hellen v. Forrest, 8 Wash. 700.
When a person has complied with all the requirements to purchase tide lands
he has a vested right which cannot be taken away: State ex rel. Billings v.
Bridges, 22 Wash. 64.
The state may use the funds from the sale of tide lands as it sees fit:
Tacoma Land Co. v. Young, 18 Wash. 495.
The state may create liens on tide lands, see note to §1, Art. 15, Const..
supra.
Tide lands sold as second class tide lands cannot be again classified and sold as
a different class: Welsh v. Callvert, 34 Wash. 250.
A railroad across tide lands is not such an improvement as to give a prefer-
ence right: Lake Whatcom Logging Co. v. Callvert, 33 Wash. 126.
The fact that certain tide lands afford a passage way over which logs may
be floated confers no preference right of purchase: Globe Mill Co. v. Bellingham
Bay Co., 10 Wash. 458.
The Board of Land Commissioners is not required to re-appraise and re-offer
for sale merely because some one will make a better offer: State ex rel. Bussell
r. Bridges, 30 Wash. 268.
SEC. 2. The State
The State of Washington disclaims all title in and
claim to all tide, swamp, and overflowed lands patented by the
United States: Provided, The same is not impeached for fraud.
Swamp and overflowed lands were not granted the state: Baer v. Moran
Bros., 2 Wash. 608.
LAND LAWS OF WASHINGTON
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The disclaimer while not in itself confirmatory of patented lands is in effect
a grant by the state to the patentees: Scurry v. Jones, 4 Wash. 468.
The state has no title to tide lands included within an upland survey,
lands were patented before statehood: Cogswell v. Forrest, 14 Wash. 1.
which
This includes grants in praesenti made before statehood though patented after
the admission of the state: Kneeland v. Korter, 40 Wash. 359.
Tide lands as claimed by the state do not extend above the patent line of the
upland owner at time of statehood where such patent line is below the line of
high tide: State ex rel. McKenzie v. Forrest, 11 Wash. 227.
A grant of tide lands does not convey tide land above the meander line:
Shelton Logging Co. v. Gosher, 26 Wash. 126.
A federal patent to public lands bordering on a navigable stream conveys
title to the meander line though the same is below high water line: Washougal
Tr. Co. v. Dalles Nav. Co., 27 Wash. 490.
The state cannot assert title to lands in front of a private claim which lands
are by acretions deposited by the stream: Washougal Tr. Co. v. Dalles Nav. Co.,
27 Wash. 470.
The meander line is the boundary of a private claim patented prior to state-
hood when such meander line is below the ordinary high water line, but is not a
boundary when above the line of ordinary high water. Id, and see also, Johnson
v. Brown, 33 Wash. 588.
This disclaimer extends to lands in front of an Indian reservation : Jones
v. Callvert, 32 Wash. 610.
A grantee of a designated strip of tide lands or an upland owner of lands
patented prior to statehood is not entitled to the remaining tide lands lying be-
low his grant by virtue of this disclaimer: Denny v. N. P. R. Co., 19 Wash. 298.
The title to the shores and beds of a non-navigable stream goes to the littoral
owner: Griffith v. Holman, 23 Wash. 347.
Whether a patent to upland conveys tide land is a federal question: Kenyon
v. Squires, 1 Wash. 9; same v. Knipe, 1 Wash. 11; same v. Squire and William-
son, 1 Wash. 12.
For additional references to this section see: Eisenbach v. Hatfield, 2 Wash.
p. 245, 259, and 729; Baer v. Moran Bros., 2 Wash. p. 615; Seattle & Mont. Ry.
Co., 7 Wash. p. 152; State ex rel. McKenzie v. Forrest, 11 Wash. 233.
ARTICLE XXI.-WATER AND WATER RIGHTS.
SECTION 1. The use of the waters of the state for irrigation,
mining, and manufacturing purposes shall be deemed a public
use.
Cited :
Prescott Irrigation Co. v. Flathers, 20 Wash. on p. 458.
The principle applied in Kalez v. Spokane Valley Land etc. Co., 42 Wash. 43.
ARTICLE XXIV.-BOUNDARIES.
SECTION 1. The boundaries of the State of Washington shall
be as follows: Beginning at a point in the Pacific ocean one
marine league due west of and opposite the middle of the mouth
of the north ship channel of the Columbia river, thence running
easterly to and up the middle channel of said river and where it
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LAND LAWS OF WASHINGTON
is divided by islands up the middle of the widest channel thereof
to where the forty-sixth parallel of north latitude crosses said.
river, near the mouth of the Walla Walla river; thence east on
said forty-sixth parallel of latitude to the middle of the main
channel of the Shoshone or Snake river; thence follow down the
middle of the main channel of Snake river to a point opposite
the mouth of the Kooskooskia or Clear Water river; thence due
north to the forty-ninth parallel of north latitude; thence west
along said forty-ninth parallel of north latitude to the middle of
the channel which separates Vancouver's Island from the conti-
nent, that is to say to a point in longtitude 123 degrees, 19 min-
utes and 15 seconds west; thence follow the boundary line be-
tween the United States and British possessions through the
channel which separates Vancouver's Island from the continent
to the termination of the boundary line between the United
States and British possessions at a point in Pacific ocean equi-
distant between Bonnilla point on Vancouver's Island and Ta-
toosh Island lighthouse; thence running in a southerly course.
and parallel with the coast line, keeping one marine league off
shore, to place of beginning.
ARTICLE XXV.-JURISDICTION.
Section 1. The consent of the State of Washington is hereby
given to the exercise, by the congress of the United States of ex-
clusive legislation in all cases whatsoever over such tracts or
parcels of land as are now held or reserved by the government of
the United States for the purpose of erecting or maintaining
thereon forts, magazines, arsenals, dockyards, lighthouses, and
other needful buildings, in accordance with the provisions of the
seventeenth paragraph of the eighth section of the first article of
the constitution of the United States, so long as the same shall
be so held and reserved by the United States: Provided, That a
sufficient description by metes and bounds, and an accurate plat
or map of each such tract or parcel of land be filed in the proper
office of record in the county in which the same is situated, to-
gether with copies of the orders, deeds, patents, or other evi-
dences in writing of the title of the United States: And pro-
LAND LAWS OF WASHINGTON
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vided, That all civil process issued from the courts of this state,
and such criminal process as may issue under the authority of
this state, against any person charged with crime in cases arising
outside of such reservations, may be served and executed thereon
in the same mode and manner, and by the same officers, as if the
consent herein given had not been made.
ARTICLE XXVI.-COMPACT WITH THE UNITED
STATES.
The following ordinance shall be irrevocable without the con-
sent of the United States and the people of this state:
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Second: That the people inhabiting this state do agree and
declare that they forever disclaim all right and title to the un-
appropriated public lands lying within the boundaries of this
state, and to all lands lying within said limits owned or held by
any Indian or Indian tribes; and that, until the title thereto
shall have been extinguished by the United States, the same shall
be and remain subject to the disposition of the United States, and
said Indian lands shall remain under the absolute jurisdiction
and control of the Congress of the United States, and that the
lands belonging to citizens of the United States residing without
the limits of this state shall never be taxed at a higher rate than
the lands belonging to residents thereof, and that no taxes shall
be imposed by the state on lands or property therein belonging
to or which may be hereafter purchased by the United States or
reserved for use: Provided, That nothing in this ordinance shall
preclude the state from taxing, as other lands are taxed, any
lands owned or held by any Indian who has severed his tribal
relation, and has obtained from the United States or from any
person a title thereto by patent or other grant, save and except
such lands as have been or may be granted to any Indian or
Indians under any act of Congress containing a provision ex-
empting the lands thus granted from taxation, which exemption
shall continue so long and to such an extent as such act of Con-
gress may prescribe.
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LAND LAWS OF WASHINGTON
Fourth: Provision shall be made for the establishment and
maintenance of systems of public schools free from sectarian
control, which shall be open to all the children of said state.
See Art. IX, §1, supra; also §1 of Art. 13, Const.
Cited: Eisenbach v. Hatfield, 2 Wash. p. 258; State v. Womack, 4 Wash.
p. 26; Garneau v. Pt. Blakeley Mill Co., 8 Wash. p. 472; State ex rel. McKenzie
v. Forrest, 11 Wash. p. 233; Russell v. Guptill, 13 Wash. p. 362; State v. Hal-
bert, 14 Wash. p. 310; State v. Ellis, 22 Wash. p. 132; State ex rel. Nat. Bank v.
Young, 22 Wash. p. 548; State ex rel. Atty. Gen. v. Seattle Gas. Co., 28 Wash.
p. 498.
ARTICLE XXVII.-SCHEDULE.
In order that no inconvenience may arise by reason of a change
from territorial to a state government, it is hereby declared and
ordained as follows:
Section 1. No existing rights, actions, suits, proceedings, con-
tracts, or claims shall be affected by a change in the form of gov-
ernment, but all shall continue as if no change had taken place;
and all process which may have been issued under the authority
of the Territory of Washington previous to its admission into the
Union shall be as valid as if issued in the name of the state.
Section 2. All laws now in force in the territory of Washing-
ton, which are not repungant to this constitution, shall remain in
force until they expire by their own limitation, or are altered or
repealed by the Legislature: Provided, That this section shall
not be so construed as to validate any act of the Legislature of
Washington Territory granting shore or tide lands to any per-
son, company, or any municipal or private corporation.
Cited: Eisenbach v. Hatfield, 2 Wash. p. 258; State v. Womack, 4 Wash.
26; Garneau v. Port Blakeley Mill Co., 8 Wash. p. 472; State ex rel. McKenzie
v. Forrest, 11 Wash. p. 233; Russell v. Guptill, 13 Wash. on p. 362; State ex
rel. Cap. Nat. Bank v. Young, 22 Wash. on p. 548; State ex rel. Atty. Gen. v.
Seattle Gas Co., 28 Wash. on p. 498.
STATE LAND LAWS.
GENERAL PROVISIONS.
STATE LAND DEPARTMENT.
§1. Commissioner of Public Lands-Salary.
That the annual salaries of the following named officers are
hereby fixed as follows:
Commissioner of Public
*
*
*
Lands, three thousand dollars. (Laws '07, p. 174, §1.)
FORMER LAWS: Laws '89-'90, p. 252, §7; Laws '93, p. 387, §3; Laws '95,
p. 528, §6.
Commissioner public lands, constitutional office: Const., Art. 3, §1, ante.
Legislature to fix compensation and prescribe duties: Const., Art. 3, §23,
ante.
§2. -Bond.
The Commissioner of Public Lands shall enter into a good and
sufficient surety company bond, to be approved by, and de-
posited with the Secretary of State, in the sum of fifty thousand
dollars, for the faithful discharge of the duties of said office.
The premium on said bond shall be paid by the state from the
incidental fund provided for the Commissioner of Public Lands.
(Laws '07, p. 218, §1.)
FORMER LAWS: Laws '89-'90, p. 252, §6; Laws '93, p. 386, §2.
§3. Assistant Commissioner.
That the Commissioner of Public Lands may appoint an as-
sistant who shall act as chief clerk in his office, and such assistant
shall have power to perform any act or duty relating to the office
of Commissioner of Public Lands that the Commissioner has, and,
in case of vacancy by death or resignation of the Commissioner
of Public Lands, said assistant shall perform the duties of said
office until the vacancy is filled. Such assistant shall subscribe,
take and file the oath of office provided by law for other state
officers before entering upon the performance of his duties. The
16
LAND LAWS OF WASHINGTON
principal shall be responsible under his official bond for all of the
official acts of the assistant, and may revoke such appointment at
his plesaure, and may require his assistant to give him a bond in
such sum as the principal may determine, which bond shall be
made, executed, approved and filed as other state official bonds.
(Laws '03, p. 37; §1; P. C. §8339f.)
§4. Bond of Auditor and Cashier.
The auditor.and cashier of the office of the Commissioner of
Public Lands shall enter into a good and sufficient surety com-
pany bond, to be approved by, and deposited with the Secretary
of State, in the sum of twenty thousand dollars, for the faithful
discharge of the duties of said office. The premium on said bond
shall also be paid by the state from the incidental fund provided
for the Commissioner of Public Lands. (Laws '07, p. 218,
§2.)
§5. Commissioner Custodian of Records.
All maps, plats and filed notes of surveys required to be made
by this act shall, after approval by the State Board or Commis-
sioner of Public Lands, be deposited and filed in the office of the
Commissioner of Public Lands, and all maps, plats and field
notes now filed with the Board of State Land Commissioners shall
be by them deposited with the Commissioner of Public Lands,
who shall keep a careful and complete record and index of all
maps and plats in his possession in well-bound books, which shall
at all times be accessible to the public. (Laws '97, p. 260,
$60; B. C., §2190; P. C., §8229.)
FORMER LAWS: Laws '95, p. 568, §94.
Records to be kept at seat of government: 'Const., Art. 2, §24, ante.
§6. Commissioner's Seal.
That all notices, orders, contracts, certificates, rules and regu-
lations, or other documents or papers made and issued by or on
behalf of the board of appraisers or commissions provided for
in this act, or the Commissioner of Public Lands, shall be au-
thenticated by a seal whereon shall be the vignette of Washing-
ton, with the words "Seal of the Commissioner of Public Lands,
LAND LAWS OF WASHINGTON
17
State of Washington." (Laws '97, p. 260, §61; B. C., §2191;
P. C., §8230.)
FORMER LAWS: Laws '89-'90, p. 252, §5; Laws '93, p. 401, §30; Laws '95,
p. 569, $96.
$7. Abstract Books.
That the Commissioner of Public Lands shall cause full and
correct abstracts to be made and kept in the office of the Commis-
sioner of Public Lands of all the lands owned or that shall be
owned by the state, which abstracts shall be in suitable and well
bound books. Such abstracts shall show in proper columns and
pages the section or part of section, lot or block, township and
range in which each tract is situated, whether timber or prairie,
improved or unimproved, the appraised value per acre, the value
of improvements and the value of damages, and the total value,
the several values of stone, minerals and timber thereon, the date
of sale, date of lease, name of purchaser, name of lessee, price
per acre, amount of lease per acre, amount of cash paid, amount
unpaid and when due, amount of annual interest, and such other
columns as may be necessary to show a full and complete abstract
of the conditions and circumstances of each tract or parcel of
land from the time title was acquired by the state until final pay-
ment by the purchsers, and the issuance of a deed by the state to
the land. (Laws '97, p. 245, § 32; B. C., §2162; P. C., §8192.)
FORMER LAWS: Laws '89-'90, p. 252. $4: Laws '89-'90, p. 447, $20; Laws
'93, p. 400, §24: Laws '95. p. 546, §42.
Lists of escheated lands: $112, post.
§8. Fees of Commissioner.
That the Commissioner of Public Lands for services performed
by him as such may charge and collect the following fees: (1)
For a copy of any record, document or paper on file in his office,
fifteen cents per folio; (2) for affixing a certificate and scal,
$1.00; (3) for cach original contract of sale, lease, or bill of
sale, $2.00; (4) for cach deed, $5.00; (5) issuance of harbor
area lease and approval of bond, $5.00; (6) approval of cach
assignment of contract, lease, or bill of sale, $1.00; (7) for each
copy of the plat of a township or any portion thereof, not less
-2
18
LAND LAWS OF WASHINGTON
than $2.00; (8) for subdivision and issuance of new contracts,
after the original has been entered on the records, $2.00 for
each new contract. (Laws '97, p. 260, §62; amended Laws '03,
p. 117, §9; amended Laws '07, p. 757. §9; B. C., § 2192; P. C.,
§8231.)
FORMER LAWS: Laws '89-90, p. 253, §12; Laws '93, p. 402, §32; Laws '95,
p. 569, §97.
89. Fee Book-Disposition of Fees.
That the Commissioner of Public Lands shall keep a fee book,
in which must be entered all fees received by him, with the date
paid and the name of the person paying the same, and the nature
of the services rendered for which the fee is charged, which book
must be verified monthly by his affidavit entered therein; and all
fees so collected by him shall be paid into the state treasury
monthly, and the receipt of such Treasurer taken, to be retained
in the office of said Commissioner of Public Lands as a voucher.
(Laws '97, p. 261, §63; B. C., $2193; P. C., §8232.)
FORMER LAWS: Laws '93, p. 402, §33; Laws '95, p. 569, §98; Laws '89-'90,
p. 253, $13.
See next section.
§10. Payment of Moneys Into State Treasury.
That it shall be the duty of each state officer or other person,
(other than county treasurers) who is authorized by law to collect
or receive moneys belonging to the state or to any department
or institution thereof, to transmit to the Treasurer of the state
each day, all moneys collected by him on the preceding day, to-
gether with a statement of the source from which each item of
said money was derived, and to transmit to the State Auditor a
duplicate of said statement: Provided, That the provisions of
this section shall apply to the office of Commissioner of Public
Lands in so far only as to require said officer to transmit all
moneys received in payment in principal and interest under out-
standing contracts and leases where no question is raised as to the
right of the state to receive payment; and as to all cases where the
right of the state to receive such moneys is in doubt the Commis-
sioner shall transmit the same to the Treasurer within five days
after the determination of the Commissioner or the Board of
LAND LAWS OF WASHINGTON
19
State Land Commissioners that the money is due to the state:
Provided, further, That money shall not be deemed to have been
paid to the State of Washington upon any sale or lease of land
until the money shall have been paid to the State Treasurer.
(Laws '07, p. 179, §1.)
FORMER LAWS: Laws '89-'90, p. 444, §13.
§11. Board of State Land Commissioners.
The Commissioner of Public Lands, the State Fire Warden
and Forester, and the State Board of Tax Commissioners shall
constitute the Board of Appraisers, Harbor Line Commission,
and for the purpose of selection, appraisement, sale or lease of
school, granted and other lands, the establishment of harbor lines,
lease of harbor area and selection and which have been granted, or
may hereafter be granted to the State of Washington by the
United States, and who, for the purposes of this act, shall be
generally known and designated as the Board of State Land
Commissioners. (Laws '97, p. 229, §1; amended Laws '07, p.
290, §1; B. C., §2130; P. C., §8159.)
FORMER LAWS: Laws '89-'90, p. 239, §1; Laws '89-90, p. 251, §§1-2; Laws
'89-'90, p. 286, §1; Laws '89-'90, p. 431, §§1-2; Laws '89-'90, p. 438, §§1-2;
Laws '93, p. 386, §§1,5; Laws '95, p. 528, §3.
The board of harbor line commissioners have jurisdiction over Salmon bay:
State v. Harbor Line Commission, 4 Wash. 6.
The act of 1893 to create a state board of land commissioners did not repeal
or affect the act of 1890 providing for local boards of appraisers, etc.: State
etc. v. Forrest, 7 Wash. 54.
§12. -Present Board Successor of Old.
The State Board of Land Commissioners shall, from the date.
of the assumption of its official duties, possess and exercise over
all the lands and areas of the state all the authority, power and
functions and perform the duties which the present Board of
State Land Commissioners now possess, and is hereby constituted
its successor, and all the provisions of law applicable to said
Board, not inconsistent with the provisions of this act, are hereby
made applicable to the board created by this act. (Laws '97,
p. 258, §56; B. C., §2186; P. C., §8226.)
FORMER LAWS: Laws '93, p. 387, §5; Laws '95, p. 565, §89.
20
LAND LAWS OF WASHINGTON
1
§13. -Office, Secretary and Records.
Said board and commission shall keep a full and complete
record of their proceedings in separate records, one relating to
appraisement, sale, lease and selection of lands; one relating to
harbor lines, harbor areas, tide and shore lands. A clerk in the
office of the Commissioner of Public Lands shall act as the secre-
tary of said Board and Commissions, and their office shall be in
the office of the Commissioner of Public Lands, and all records
relating to said board and commissions of public lands of the
state shall be kept in the office of the Commissioner of Public
Lands, and shall be subject to public inspection. (Laws '97,
p. 230, §2; B. C., §2131; P. C., §8160.)
FORMER LAWS: Laws '89-'90, p. 239, §4; Laws '89-'90, p. 251, §§1-3; Laws
'89-'90, p. 438, §1; Laws '93, p. 386, §1.
§14. -Power to Make Rules-Chairman.
Said Board of State Land Commissioners shall make all rules
and regulations for carrying out the provisions of this act, not
inconsistent with law, and the Commissioner of Public Lands
shall act as chairman of said board and commissions. (Laws
'97, p 230, §3; B. C. §2132; P. C., §8161.)
FORMER LAWS: Laws '89-'90, p. 438, §2; Laws '93, p. 387, §§5, 27; Laws
'95, p. 528, §5.
§15. Board or Commissioner May Reconsider Acts.
That the board of appraisers or commissions, or Commis-
sioner of Public Lands, shall have the right to review and recons-
sider any of its official acts relating to lands of the state until
such time as a lease or contract for purchase of any of said
lands shall have been made, executed and signed by the Commis-
sioner of Public Lands or by the board itself. (Laws '97, p.
261, §67; B. C. §2198; P. C. §8236.)
FORMER LAWS: Laws '95, p. 570, §102.
Board may rescind order for sale at any time before sale, without notice, and
such an order regular on its face and within the power of the board, is not sub-
ject to review by the courts: Polson v. Callvert, 38 Wash. 614.
Under Laws 1895, p. 570, it was held that the state board had no authority
to review the acts of the local boards in the location of streets, where they had
become established: Seattle v. Forrest, 14 Wash. 425.
LAND LAWS OF WASHINGTON
21
§16. Attendance of Witnesses.
All hearings pertaining to the public lands of the State of
Washington, or any part thereof, as provided by this act, the
Board of State Land Commissioners shall, in their discretion,
have power to issue subpoenas and compel thereby the attend-
ance of witnesses at such time and place as may be fixed by the
board, to be stated in the subpoenas, and to conduct the examina-
tion thereof. Said subpoenas may be served by the sheriff of any
county, or by any other officer authorized by law to serve process,
or by any person over the age of twenty-one years, competent to
be a witness, but who is not a party to the matter in which said
subpoena is issued. Each witness subpoenaed by the board as
witness on behalf of the state shall be allowed the same fees and
mileage as provided by law to be paid witnesses in courts of
record in this state, said fees and mileage to be paid by warrants
on the general fund. And any person duly served with a sub-
poena as herein provided, and who shall fail to obey the same,
without legal excuse, such failure to obey shall be considered a
contempt, and the board shall certify the facts thereof to the su-
perior court of the county in which such witness may reside, and
upon legal proof thereof such witness shall suffer the same pen-
alties as are now provided in like cases in the courts in this state,
as prescribed in section 1655 of the second volume of Hill's An-
notated Statutes and Codes of the State of Washington: And it
is further provided, That the certificate of the board shall be con-
sidered by the court as prima facie evidence of the guilt of the
party charged with contempt. (Laws '97, p. 259, §59; B. C.
§2189; P. C., §8228.)
FORMER LAWS: Laws '95, p. 567, §93.
§17. Duties of Attorney General.
In all cases of contest or appeal arising under the provisions
of this act, and to which the state may be a party, it shall be the
duty of the Attorney General to appear for and represent the
interests of the state when directed so to do by the board of ap-
praisers, harbor line commission, arid land commission or Com-
22
LAND LAWS OF WASHINGTON
missioner of Public Lands. (Laws '97, p. 261, §65; B. C.
§2196; P. C., §8234.)
post.
FORMER LAWS:
Laws '95, p. 570, $100.
Attorney general to procure dismissal of appeals in certain cases: $156,
§18. Vested Rights Saved.
This act shall not be construed to affect any vested right in
any of the public lands as herein defined of any person, firm or
corporation acquired under existing laws, or any preference
right of purchase or finding by the Board of State Land Com-
missioners under existing laws, or cases now pending before said
board or in the courts, but the same are hereby confirmed, sub-
ject only to such rules and regulations for the government of
said rights as may be hereafter defined by the Board of State
Land Commissioners. (Laws '97, p. 262, §68; B. C. §2199;
P. C., §8237.)
FORMER LAWS: Laws '95, p. 570, §§103-106.
Under Laws 1895, p. 570, §106, repealing prior laws upon the subject of tide
lands, but preserving all rights which have been acquired thereunder, the rights
of applicants for the purchase of tide lands under the act of 1890, whose appli-
cations were pending at the time of the passage of the act of 1895, are saved,
as such provision can not be construed as having reference to vested rights: Stute
ex rel. Meghler v. Forrest, 13 Wash. 268.
Where an applicant for tide lands, competent to purchase same, has com-
plied with all the preliminary requirements of the existing law at the time of
his application, which would entitle him to a contract of sale, he has acquired a
vested right in such lands, of which he cannot be deprived by a subsequent re-
peal of the law under which his application was made: State ex rel. Billings v.
Bridges, 22 Wash. 64.
Act of 1890, relating to appraisement and sale of tide lands, does not consti-
tute a contract between the state and the persons mentioned, and such persons
do not secure vested rights, and a privilege which has not been exercised could
be taken away: Allen v. Forrest, 8 Wash. 700.
§19. Report to Legislature.
That it shall be the duty of the Board of State Land Commis-
sioners to fully investigate the management of the public lands
of the State of Washington, and the laws relating thereto, and
to report to each session of the Legislature any changes in the
methods of handling the public lands and any changes in the
laws relating thereto that may seem to said board wise and
proper. (Laws '07, p. 212, §1.)
LAND LAWS OF WASHINGTON
23
CLASSIFICATION—CRUISING AND SELECTION.
§20. State Lands.
That for the purpose of this act all lands belonging to and
under the control of the state shall be divided into the follow-
ing classes:
(1) Granted Lands: (a) Common school lands and lieu and
indemnity lands therefor. (b) University lands and lieu and
indemnity lands therefor. (c) Other educational land grants.
(d) Lands granted to the State of Washington for other than
educational purposes, and lieu and indemnity lands therefor.
(e) All other lands, including lands acquired or to be hereafter
acquired by grant, deed of sale, or gift, or operation of law, in-
cluding arid lands.
(2) Tide Lands: All lands over which the tide ebbs and
flows from the line of ordinary high tide to the line of mean low
tide, except in front of cities where harbor lines have been estab-
lished or may hereafter be established, where such tide lands shall
be those lying between the line of ordinary high tide and the in-
ner harbor line, and excepting oyster lands.
(3) Shore Lands: Lands bordering on the shores of nav-
igable lakes and rivers below the line of ordinary high water and
not subject to tidal flow.
(4) Harbor Lines and Areas: Such lines and areas as are
described in article 15 of the constitution of the State of Wash-
ington and which have been established according to law. All of
which outer harbor lines so established as aforesaid are hereby
ratified and confirmed, also all such harbor lines and areas as
may and shall hereafter be established. (Laws '97, p. 230, §4;
B. C., §2133; P. C., $8162.)
FORMER LAWS: Laws '93, p. 389, §7; Laws '95, p. 527, §1.
Classification of tide and shore lands: $59, post.
Act providing for sale of lands granted for buildings at state capital: Spe-
cial Laws No. 4, post.
Grants of land to state:
Enabling Act, appendix, póst.
Sullivan v. Callvert,
The term "granted lands" does not include tide lands:
27 Wash. 608.
24
LAND LAWS OF WASHINGTON
+
A deed from the state of. tide lands of the second class must be considered
as made after a finding of the state land department as. to the character of the
land, and includes all the abutting tide lands; and such a deed is not open to
collateral attack by a subsequent application to purchase a portion of the same
lands as oyster lands: Welsh v. Callvert, 34 Wash. 250.
The state university site in the city of Seattle does not come under the super-
vision of the board of state land commissioners: Callvert v. Winsor, 26 Wash.
368.
Tide lands upon which a boom company has filed a plat as provided by Laws
1889-90, p. 470 and Laws 1895, p. 128, are not thereby severed from the mass
of the public lands, but are subject to sale as provided by law: Samish Boom
Co. v. Callvert, 27 Wash. 611.
Laws of 1897, p. 229, §§27 and 28, authorizing the extension of the time of
payment on contracts issued by the state "to purchasers of school or other
lands,” held to include contracts for the sale of tide lands: State ex rel. Belling-
ham Bay Imp. Co. v. Bridges, 19 Wash. 431.
$21. Terms Defined-Inspection, Appraisal, Etc.
•
•
All lands described in the last section are "public lands" and
the terms "public lands" and "state lands" shall be defined and
deemed to be synonymous whenever either is used in this chapter.
The selection, inspection and appraisal of land as hereinafter
provided for in this chapter may be made by one of the members
of the said board or Commission; but when it is deemed advis-
able and for the best interest of the State, the Commissioner of
Public Lands, with the consent and approval of the Board of
State Land Commissioners may employ one or more citizens of
the State, familiar with such work to personally inspect, ap-
praise or select lands, harbor areas. (Laws '97, p. 231, §5;
amended Laws '07, p. 748, §1; B. C., §2134; P. C., §8163.)
FORMER LAWS: Laws '89-'90, p. 438, §§3-4; Laws '91, p. 399, §§1-2; Laws
'95, p. 528, §2; Laws '95, p. 529, $8.
State land inspectors ex-officio deputy state fire wardens:
327, §5.
Laws '05, p.
All sorts of granted lands, school lands, university lands, tide lands, shore
lands and harbor areas are included in the term "public lands": State ex rel.
B. B. Imp. Co. v. Bridges, 19 Wash. 431; Sullivan v. Callvert, 27 Wash. 608.
In appraising school land under the act of March 28, 1890, county commis-
sioners were not acting as a board of commissioners, but as agents of the state
board: Wilkes v. Hunt, 4 Wash. 100.
Prior to the amendment of 1907 this section contained the following provi-
sion : "The word 'improvements' as used in this act, when referring to school
or granted lands, shall be interpreted to mean fencing, diking, draining, ditching,
houses, barns, shelters, wells, slashing, clearing or orchards, and also breaking
that has been done prior to application for purchase or lease, and all things that
would be considered fixtures in law. When referring to tide or shore lands and
harbor areas, the word 'improvements' shall be interpreted to mean all fills or
made ground of a permanent character, and all structures erected or commenced
LAND LAWS OF WASHINGTON
25
on said lands or actually in use for purposes of trade, business, commerce, or
residence prior to March 26, 1890, and completed before January 1, 1891 : Pro-
vided, That ordinary capped piles or similar structures or fixtures shall not be
considered an improvement."
Under this provision it was held that a railroad across tide lands constructed
on piles and trestle work is not an improvement entitling the owner to have the
same appraised before sale of the lands, since the statute only contemplated
structures which enhance the value of the land: Lake Whatcom Logging Co. v.
Callvert, 33 Wash. 126.
Under the act of March 28, 1890, an occupant of school lands, whose im-
provements had been appraised by the county commissioners and the land and
improvements offered for sale was not entitled to have a new appraisement of
such improvements as of the date of the sale: Holm v. Prater, 7 Wash. 207.
But the fact that the appraisement was made at the time of sale was held
not to invalidate the appraisement: Hart Lumber Co. v. Rucker, 15 Wash. 456.
Payment for improvements by subsequent purchaser: §33 post, and notes.
$22. Compensation of Inspectors.
The compensation of such inspectors so appointed by the
Commissioner of Public Lands with the consent and approval
of the Board of State Land Commissioners shall not exceed
seven dollars per diem for the time actually employed, and neces-
sary expenses, which shall be submitted to the Commissioner of
Public Lands in an itemized and verified account, to be approved
by the Commissioner of Public Lands. (Laws '97, p. 231, §6;
amended Laws '07, p. 748, §2; B. C., §2135; P. C., §8164.)
FORMER LAWS: Laws '91, p. 401, §6; Laws '93, p. 391, §10; Laws '95,
p. 529, §8.
A land agent appointed under the act of 1891 is entitled to receive ten cents
per acre for selecting land on which the timber is worth less than two dollars
an acre, when he has no knowledge of a change in price by the commissioner:
Strobach v. State, 17 Wash. 123.
§23. Inspection and Surveys.
Said state land inspectors shall, immediately upon their ap-
pointment, under the direction of the Commissioner of Public
Lands, inspect such unsurveyed lands or townships as the board
may designate, with a view to determining whether it is desir-
able to have them reserved for the selection of lands to complete
the grant of public lands to the state. They shall report the re-
sult of their inspection without delay, showing approximately
the number of acres arable, the amount, quality, character and
value of timber, the nearest practicable route for removing the
same, the number of settlers in the township and the value of the
26
LAND LAWS OF WASHINGTON
improvements. Upon the recommendation of the board the Gov-
ernor shall, if he concurs, cause an application to be filed with
the Surveyor General for the survey of such township or town-
ships, and shall cause due notice thereof to be published in ac-
cordance with the act of Congress providing for the reservation
and survey of such townships, and under such rules and regula-
tions as may be made by the Secretary of the Interior.
Whenever the United States Surveyor General shall have
made an estimate of the cost of survey, and it shall appear, under
the decision and rulings of the Department of the Interior, that
there is no federal government appropriation for the survey of
any township applied for by the state, the Governor is authorized
and empowered to execute a voucher to the State Auditor for the
amount of such estimate, and the State Auditor is authorized and
directed, upon the filing of such voucher, to issue a warrant on
the general fund for the amount of the same, and the State
Treasurer shall pay said warrant out of the moneys appropri-
ated for said purpose. Upon the receipt of such warrant the
Governor shall deposit the same to the credit of the United
States, in accordance with such rules and regulations as may be
prescribed by the Department of the Interior. (Laws '97, p.
231, §7; B. C., §2136; P. C., §8165.)
FORMER LAWS: Laws '89-90, p. 252, §9; Laws '89-'90, p. 287, §3; Laws
'91, p. 400, §§4-5; Laws '93, p. 390, §8; Laws '95, p. 532, §§ 13-14.
§24. Bond and Oath of Inspector.
The said state land inspectors, before entering upon their
duties, shall each enter into a bond unto the State of Washing-
ton, in the penal sum of five thousand dollars ($5,000), con-
ditioned to well and faithfully perform their duties as such, to
be approved by the Commissioner of Public Lands, and shall
take and subscribe an oath before some officer authorized to ad-
minister oaths, according to the laws of the state, in substance as
follows: "I, A B, do solemnly swear that I will well and truly
perform the duties of land inspector for the State of Washing-
ton, in the selection, inspection and appraisement of the lands
granted thereto, to the best of my knowledge and ability; and
LAND LAWS OF WASHINGTON
27
further, that I will not communicate to any person not a member
of the board, or commission, or the Commissioner of Public
Lands, any information in relation to location, character and
value of the public lands examined by me, or disclose to anyone
anything in relation to such public lands except to such board
or commission or Commissioner of Public Lands; that I will,
when directed, personally and carefully examine each pracel or
tract of land to be listed by me, and make an appraisement and
value of the same and the timber thereon; that I am not nor will
I become interested directly or indirectly in the sale or purchase
of said lands, and that I will report every material fact connected
with said lands directly to the Board of State Land Commission-
ers, to enable it to determine the situation, value and character of
the timber thereon and the lands selected by me; in investigating,
appraising, or in the prosecution of any trespass, I do solemnly
swear that I will act according to the best of my knowledge and
ability, and will protect the interests of the State of Washing-
ton." That upon filing such bond and affidavit the inspector
may be authorized and commissioned by said Commissioner of
Public Lands to view, select and appraise lands as hereinafter
provided for. (Laws '97, p. 232, §8; B. C., §2137; P. C.,
$8166.)
FORMER LAWS: Laws '91, p. 399, §3; Laws '93, p. 392, §11; Laws 95,
pp. 530, 535, §§9, 19.
$25. Inspectors' Duties and Reports.
The said Commissioner of Public Lands may instruct the said
State Land Inspector to view and examine the said lands subject
to selection by the smallest legal subdivisions of forty acres each,
and shall classify such lands into grazing, farming and timbered
lands, and estimate the value of each tract so viewed; said State
Land Inspector shall also in timbered lands estimate the amount
and value of the standing timber thereon and the value thereof
after the timber is removed; he shall make a report thereof to
the Commissioner of Public Lands as amply and expeditiously
as possible on blank lists to be furnished by said Commissioner
of Public Lands for that purpose; that said report shall be
28
LAND LAWS OF WASHINGTON
made under oath, to the effect that the inspector has personally
examined the tracts mentioned in each forty acres thereof, that
said report and appraisement is made from such personal exam-
ination and is to the best of affiant's knowledge and belief true
and correct, and that the lands are not occupied by any bona.
fide settler. They shall also separately appraise all valuable ma-
terial thereon, improvements, etc. (Laws '97, p. 233, §9; B. C.,
$2138; P. C., §8167.)
FORMER LAWS: Laws '89-90, p. 438, §§3-4; Laws '91, p. 400, §4; Laws '95,
p. 530, $10.
$26. Penalty for Disclosing Information.
If any State Land Inspector knowingly or willfully shall make
a false oath concerning the appraisement on said lands, or know-
ingly or willfully divulge anything, or give any information in
regard to such land other than to the Board of State Land Com-
missioners, or Commissioner of Public Lands, he shall forthwith
be removed from office and be deemed guilty of perjury and sub-
ject to the penalties thereof, and it shall be and is hereby made
the duty of the Board of State Land Commissioners, or the
Commissioner of Public Lands, to prosecute him therefor. (Laws
'97, p. 234, §102; B. C., §2140; P. C., §8170.)
FORMER LAWS: Laws '91, p. 402, §10; Laws '95, p. 531, §12.
§27. Lists of Selected Lands.
Upon receipt of such report or reports the Board of State
Land Commissioners shall arrange and classify the lands so se-
lected into several lists for filing in the general United States dis-
trict land offices of the United States in this state, and shall clas-
sify the lands and apportion them to the several specific grants
under said act of Congress referred to, so that there may be
lands of nearly as equal value as possible apportioned to the
several grants. Said lists shall be made a triplicate, one for fil-
ing in said local land offices, one for transmission by it to the
Secretary of the Interior, and one to be filed in the office of the
Commissioner of Public Lands. Said lists shall state the grant
for which the same is made. The Commissioner of Public Lands
shall file said lists so arranged, classified and duly certified under
LAND LAWS OF WASHINGTON
29
the rules and regulations of the Secretary of the Interior, in the
several United States district land offices throughout the state
having jurisdiction therof: Provided, That if it be found, upon
the filing of said lists, that any of the lands described therein
have been filed upon or applied for, then the Commissioner of
Public Lands is authorized to eliminate therefrom such lands:
And provided further, Said Commissioner of Public Lands or
Board of State Land Commissioners may decline to list any lands
reported by the inspectors which may not by them be deemed
desirable. (Laws '97, p. 234, §10; B. C., §2139; P. C.
§8168.)
FORMER LAWS: Laws '89-'90, p. 286, §§1-3; Laws '91, p. 401, §5; Laws 95,
p. 531, §11.
§28. Non-Mineral Certificates.
That the Commissioner of Public Lands be and hereby is au-
thorized and directed to cause publication of notices of applica-
tion to the interior department for certification that state school
land or other granted land is non-mineral in character, in accord-
ance with the rules of the general land office. (Laws '97, p. 246,
§33; B. C., §2163; P. C., §8193.)
$28. Lands May Be Relinquished.
The Board of State Land Commissioners shall have authority
and power to relinquish to the United States all lands heretofore
selected by the Territory of Washington or any officer, board or
agent thereof, or by the State of Washington or any officer,
board or agent thereof, or which may be hereafter selected by the
State of Washington, or any officer, board or agent thereof, in
pursuance of any grant of public lands made by the United
States or the Congress thereof to the territory or state for any
purpose or upon any trust whatever, the selection of which has
failed or been rejected or shall fail or shall be rejected for any
reason. (Laws '99, p. 105, §1; P. C., §8169.)
30
LAND LAWS OF WASHINGTON
APPRAISEMENT AND SALE OF SCHOOL
AND GRANTED LANDS.
§30. Application, Appraisement, Etc.
That any person or company may make written application to
the Board of Appraisers for the appraisement and sale of any
lands belonging to the State, and the said board shall cause to
be prepared blank applications containing such instructions as
will inform and aid intending purchasers in making application
for the apraisement and sale of any lands. Each application
must be accompanied with certificate of deposit or certified check
upon any bank of this State, made payable to the Commissioner
of Public Lands and equal in amount to ten cents per acre for the
land described in such application: Provided, That such de-
posit may be made in cash or by postoffice money order, but in no
case shall such deposit be less than ten dollars. In case the lands
described in such application are sold at the time they are offered
for sale, in accordance with such application, the amount of such
deposit shall be returned to such applicant. If such lands be not
sold, through fault of said applicant at such sale, such deposit
shall be forfeited to the State, and shall be so declared by the
said Board, and the State Treasurer shall thereupon place said
forfeited money to the credit of the general fund of the State.
That when, in the judgment of the Board of Appraisers or the
Commissioner of Public Lands, a sufficient number of applica-
tions have been received for the appraisement and sale of any
lands belonging to the State, said Commissioner of Public Lands
shall cause any of such lands so applied for to be personally in-
spected and appraised as to its character, topography, agricul-
ture, timber, coal, mineral, stone or rock quarries, or grazing,
• its distance from any city, town, railroad, river, irrigation ditch
or other waterways, when irrigation is required, and fully report
the same to said Board or Commissioner of Public Lands, to-
gether with the Commissioner's or Appraiser's judgment as to
LAND LAWS OF WASHINGTON
31
its present and prospective value, which said report shall be con-
sidered and thereupon a price per acre fixed for each quarter sec-
tion, and subdivision thereof, or lot or block, which shall be not
less than ten dollars per acre for lands granted for educational
purposes: Provided, That no more than one hundred and sixty
acres (160) of any school or granted lands of the state shall be
offered for sale in one parcel, and all lands within the limits of
any incorporated city or town or within two miles of the bound-
ary of such incorporated city or town, where the valuation of
such lands shall be found by appraisement to exceed one hundred
($100.00) dollars per acre, shall, before the same be sold, be
platted into lots and blocks of not more than five acres in a block,
and not more than one block shall be offered for sale in one parcel,
and said Board is hereby authorized to plat such lands into lots
and blocks, and all plats shall be filed in the office of the Commis-
sioner of Public Lands: Provided further, That whenever appli-
cation is made to purchase less than a section, the said Commis-
ioner of Public Lands may order the inspection of an entire sec-
tion or sections: Provided further, That all school and granted
lands for educational purposes may thereafter be sold at not less
than the appraised value, when the purchase price realized for
the timber thereon added to the appraised value of the land is
$10.00 per acre or in excess thereof: And provided further, That
in no case shall any state or public lands or timber or other ma-
terials thereon be sold more than ninety days after the appraisal
thereof by the Board of State Land Commissioners. (Laws '97,
p. 535, §11; amended Laws '03, p. 103, §1; amended Laws '07,
p. 751, §5; B. C., §2141; P. C., §8171.)
FORMER LAWS: Laws '89-90, pp. 439-442, §§5-11; Laws '93, p. 390, §§9-10;
Laws '95, p. 533, §§17-18.
Limitations on sale: Const., Art. 16, supra.
Sale of materials: $33, post.
Sale of tide and shore lands: §68 et seq., post.
Sale of tide lands for oyster planting: §194 et seq., post.
Sale of cultivated oyster beds: $192 et seq., post.
Vacation of plats: $118 et seq., post.
This section must be construed in connection with §33 post, and timber on
state lands must be sold separately where it exceeds one million feet to the
quarter section: State cx rel. Heuston v. Callvert, 37 Wash. 124.
32
LAND LAWS OF WASHINGTON
Unimproved tide lands are not required to be divided into quantities not
exceeding 160 acres when offered for sale by the State Land Commissioner, but
an owner of improvements on tide lands is entitled to have the lands sold
divided into tracts with reference to the improvements: Sullivan v. Callvert,
27 Wash. 600.
§31. Old Appraisements Void.
All appraisements of school and granted lands heretofore
made under existing laws, where sales have not yet been made,
are hereby annulled, and all such lands shall be appraised and
sold or leased as herein provided. (Laws '97, p. 247, §3f¡; B. C.,
§2166; P. C., §8196.)
FORMER LAWS: Laws '93, p. 401, §28; Laws '95, p. 548, §47.
§3. Appraisal of Improvements.
It shall be the duty of the Board of State Land Commission-
ers, when appraising the value of improvements on state lands,
to appraise such improvements at such sum as the improvements
add to the value of the lands, for the purpose of selling the land
in the manner provided by law. (Laws '07, p. 212, §1.)
F
FORMER LAWS: Laws '89-'90, p. 440, $$7-8; Laws '95, p. 536, §§22-23;
Laws '97, p. 236, §12; Laws '99, p. 252, §1; Laws '01, p. 308, §1,
§33. Sale of Materials-Improvements.
1
That when applications are made for the purchase of timber,
stone, fallen timber, hay or gravel or other valuable materials
situated upon public lands of the state, the same inspection shall
be had as for applications to purchase lands: Provided, That
no standing timber or stone shall be sold for less than the ap-
praised value thereof, and such timber, stone, hay and gravel
may be sold separate from the land, when, in the judgment of
the Board, it is for the best interest of the state to sell same, ex-
cept when the estimated amount of timber shall exceed one mil-
lion feet to the quarter section, in which case the timber shall be
sold separate from the land: Provided, however, That whenever
any public lands shall lie within the limits of any water shed
from or through which is derived the water supply of any city
or town of the State of Washington, in such case the said city
or town desiring to purchase or condemn the same, may do so,
and in case of purchase, shall have the right to buy the said
LAND LAWS OF WASHINGTON
33
land with the timber, stone, hay or gravel thereon and without
a separate appraisement: And provided further, That the full
purchase price of such valuable materials shall be paid in cash
when sold separate from the lands: Provided, That in all cases
when the timber is sold separate from the land, said timber
shall revert to the state if it has not been removed from the land
within five years from the date of purchase thereof, except that
in all cases when the purchasers are acting in good faith and re-
moving the said timber, the Board of State Land Commissioners
may extend the time of removal for a period not to exceed two
years. When the time for removing timber is extended the per-
son owning the timber shall pay to the state such compensation
as the Board of State Land Commissioners may direct provid-
ing, that such compensation shall not be less than one dollar per
acre per year, nor more than $2.00 per acre per year. That in
every appraisement of land granted to this state the Board of
Appraisers shall be and serve as the Board of Appraisers men-
tioned in section two of article sixteen of the State Constitution.
And in every appraisement under this chapter the said Board
shall separately appraise all improvements placed upon any land
of the state and found on such land at the time of the appraise-
ment; and shall also appraise all damages and waste done to said
land by the cutting and removal of timber or the removal of
stone or other materials by the person or persons claiming such
improvements, or by his consent, and the damage to the land or
materials thereon by reason of the use and occupancy of said
land shall be considered in the appraisement, and the balance,
after deducting such damages and waste appraised as aforesaid,
shall be determined as the value of the improvements upon the
land so appraised and every such appraisement shall be recorded
in the proceedings of the Board of Appraisers: Provided, That
this section shall not be considered to affect the right of the state
to the value of such land: Provided further, That if the pur-
chaser of such land from the state be not the owner of the im-
provements he shall deposit with the officer making the sale, at
the time of the sale, the appraised value of such improvements;
-3
34
LAND LAWS OF WASHINGTON
and if it be found by the said Board that the owner of said im-
provements was not holding adversely to the state in improving
said land, or that said improvements were placed on said land in
good faith by a lessee from the state or territory, or that said
lessee had in all respects complied with the terms of his lease, and
his leasehold interest, not forfeit or subject to a forfeiture then
the Board of Appraisers shall direct the Commissioner of Public .
Lands to pay, and he shall pay to the owner of said improvements
such sum so deposited; but if it be found by the said Board of
Appraisers that the said improvements owned or made on said
land by parties holding or claiming the land, adversely to the
state, or by persons without license or lease from the state, or
by a lessee who had not complied with the terms of his lease, then
said Board shall direct the Commissioner of Public Lands to pay
over such sum so deposited into the permanent school fund: Pro-
vided further, That if the said improvements were made by a
lessee or other person with intent to defraud the state or the in-
tending purchaser the sum so deposited shall be forfeited in the
manner described above, to the state: Provided further, That in
determining the value and nature of land and of improvements,
the Board is hereby authorized to compel by subpoena the at-
tendance of witnesses at such place as said Board may designate,
and swear and examine witnesses as to the value of such land and
of improvements and the damage and waste as well. (Laws '97,
p. 236, §12; amended Laws '99, p. 252, §1; amended Laws '01,
p. 308, §1; amended Laws '07, p. 752, §6; B. C., §2142; P. C.,
$8172.)
FORMER LAWS: Laws '89-90, pp. 440-2, §§6, 10, 12; Laws '93, pp. 393, 395,
§§15-16, 19; Laws '95, pp. 536, 539, §§22-3, 26-7; Laws '95, p. 567, §92.
Sale of materials on state lands: Const., Art. 16, §3.
Time for removal of timber, compare $35, post.
Payment of tide land lessees for improvements: $85 et seq., post.
Where the timber exceeds one million feet to the quarter section it must be
sold separate from the land: State ex rel. Heuston v. Callvert, 37 Wash. 124.
A contract for the sale of tide lands made without appraisement of improve-
ments will not be annulled at the suit of the owner of a railroad built on piles
across the same, since the appraisement of the road as an improvement would
compel the purchaser to pay its value without acquiring title to the materials
composing it, and a right of way could subsequently be condemned upon paying
the value of the land taken without regard to the value of th cimprovements
thereon Lake Whatcom Logging Co. v. Callvert, 33 Wash. 126.
LAND LAWS OF WASHINGTON
35
A railroad constructed on piles and trestle work is not an improvement en-
titling the owner to have the same appraised before sale of the tide lands: Id.
An owner of improvements is entitled to have the Board of Appraisers sep-
arately appraise the improvements, and require the purchaser if not the owner, to
deposit with the State Treasurer the appraised value of such improvements,
which shall be paid over to the owner if he does not hold or claim the land ad-
versely to the state: Sullivan v. Callvert, 27 Wash. 600.
A person lawfully in possession of school lands and improvements thereon has
a right to retain the same until such improvements are paid for: Brummett v.
Campbell, 32 Wash. 358; Wilkes v. Hunt, 4 Wash. 100; 8 Wash. 112; Pearson
v. Ashley, 5 Wash. 170.
The assignee of improvements may recover their value of a subsequent pur-
chaser of the land: Hart Lumber Co. v. Rucker, 15 Wash. 456.
$34. Time for Removal of Timber Extended in Certain Cases.
That all persons, firms, or corporations who, prior to March
18, 1901, purchased from the State of Washington timber on
state, school, or granted lands, and who have not already removed
the timber therefrom, shall have a period of ten years from March
18, 1901, in which to remove the timber from such lands. (Laws
'05, p. 77, §1; P. C., §8339g.)
Time for removal of timber generally: $35 post.
§35. Time for Removal of Timber.
In all cases where timber on state land is or has been sold in
manner now provided by law, the purchaser shall be allowed a
period of five years from the date of the sale within which to
remove the timber: Provided, That the Commissioner of Public
Lands shall have the same authority as now provided by law,
upon a showing of good faith, to extend the time within which
such timber may be removed for a further period of not to
exceed two years. (Laws '07, p. 747, §1.)
Time for removal of timber compare: §33, supra.
§36. Certificate of Appraisement.
That immediately upon the appraisement and inspection pro-
vided for in this act being made of any land in any county of
the state, and the Commissioner of the Public Lands shall prepare
a certificate of such appraisement showing in detail the facts re-
ported in such appraisement, and he shall file one copy of the
same in his office and shall certify one copy and forward it to
the auditor of the county in which said land is situated, and the
said county auditor shall post it in a conspicuous place in his
36
LAND LAWS OF WASHINGTON
office, and the said Commissioner of Public Lands shall notify
the applicant of the appraisement and of the notice to the
auditor, and that said board will allow the applicant twenty
days in which to show wherein said appraisement is defective,
excessive or unjust, which protest, if any be made and filed, shall
be considered by the said board, and notice of their action shall
be sent to the applicant. (Laws '97, p. 238, §13; amended
Laws '03, p. 113, §1; B. C., §2143; P. C., §8173.)
FORMER LAWS:
Laws '93, p. 392, §§12-13; Laws '95, p. 536, §22.
§37. Sales-How Conducted.
That whenever the said Board of Appraisers shall have decided
to sell any tract or tracts of granted lands, it shall, through the
chairman, notify the auditor of the county in which said lands
are situated of that fact, specifying which of said lands are for
sale, and order the sale thereof, and thereupon the said county
auditor shall, under the direction of the said Board, forthwith fix
the date of sale, and give notice thereof by advertisement pub-
lished once a week for five weeks next before the time he shall
name in said notice, in at least one newspaper of general circula-
tion published in said county, which notices shall specify the
place, time and terms of sale, describing with particularity each
parcel of land to be sold and the appraiser's value thereof, and
by conspicuously posting such notice in the office of the county
auditor wherein such lands are situated, and the Commissioner of
Public Lands shall cause all such lands or materials thereon to
be sold, and to arrange such date of sale so that it will fall on
the first Saturday of the month; excepting where such date would
fall on a legal holiday, in which case no sales are to be made until
the following month. The Commissioner of Public Lands shall
cause to be printed in pamphlet form a list of school, granted or
other public lands or materials thereon, or all tide and shore lands
of the first or second class, or all oyster lands or detached tide
lands, or harbor areas, or mineral lands, and appraised value
thereof, where the law provides for appraisement, that are to be
sold in the several counties of the state, said list to be issued
each month, at least six weeks prior to the date of sale of such
LAND LAWS OF WASHINGTON
37
lands or materials thereon, enumerated thereon, such lands and
materials thereon to be listed under name of county wherein lo-
cated, such counties to appear in alphabetical arrangement, giv-
ing appraised values, character of same, and such other informa-
tion as may be of interest to prospective buyers. Said Commis-
sioner of Public Lands shall cause to be distributed to the auditors
of each county in the state one hundred copies thereof and said
county auditors to keep the lists in a conspicuous place or re-
ceptacle on the counter of the public office of their respective
departments, and when requested so to do, to mail a copy of such
list to residents of said county. Said Board of State Land Com-
missioners shall retain for free distribution in the office of the
Commmissioner of Public Lands five hundred copies of said lists
as above set forth, such list to be kept in a conspicuous place or
receptacle on the counter of the general office of the Commis-
sioner of Public Lands, and when requested so to do, the Commis-
sioner of Public Lands shall mail copies of said list each month
as issued to any applicant therefor. Proof of publication shall
be made by affidavit of the publisher, or person in charge of the
said paper, and by the affidavit of the person posting such notice
as aforesaid, and by certificate from the auditor showing receipt
of lists as aforesaid, which shall be at once sent to and filed in
the office of the Commissioner of Public Lands, and the said
Board is hereby authorized to expend any sum of money not
exceeding fifteen dolalrs in additional advertising of such sale, as
the said Board shall determine to be for the best interests of the
state. Such sales shall take place on the day advertised, between
the hours of ten o'clock in the forenoon and four o'clock in the
afternoon, in front of the courthouse, or of a building in which
the superior court is held in counties in which there is no court-
house, and shall be sold at public auction to the highest bidder,
and on the terms specified in the notice hereinbefore prescribed,
and no land shall be sold for less than its appraised value; such
sale shall be conducted under the direction of the Board of
Appraisers, by the county auditor of the county in which the
lands sold are situate, and such auditor shall at once deliver to
the purchaser, under his hand and seal, a memorandum of his
38
LAND LAWS OF WASHINGTON
purchase, containing a description of the land purchased, the
price bid and the terms of sale, upon the delivery to such auditor,
by the purchaser, of a certified check upon some bank, or in cash
for an amount equal to one-tenth of the price of the land by him
purchased, payable to the order of the Commissioner of Public
Lands, and such auditor shall at once send to the Commissioner
of Public Lands such certified check and a copy of the memor-
andum delivered to the purchaser. That if any land offered for
sale pursuant to the order of the Board of Appraisers be not bid
off at the sale held thereunder, the same may again be advertised
for sale as provided in this act whenever, in the opinion of the
Board, it shall be expedient to do so; and such land shall be
again advertised for sale, as provided in this act, whenever any
person shall apply to said Board in writing, to have such land
sold, and shall agree to bid at least the appraised price therefor,
and shall deposit with the State Treasurer at the time of making
said application, a, sufficient sum of money to pay the cost of
advertising for such sale, as provided for in making original
application. (Laws '97, p. 238, §14; amended Laws '07, p. 313,
§1; B. C., §2144; P. C., §8174.)
FORMER LAWS: Laws '89-'90, p. 441, §§9, 12; Laws '95, p. 535 §§20, 24, 28,
50; Laws '93, pp. 393, 394, §14, 17, 20.
Minerals on state lands reserved: §10.
§38. Lands Included.
All leases of state tide lands, and the sales of all tide and
shore lands of whatever class, except when sold to persons having
the preference right of purchase, and timber and materials of
state, school, and granted lands, and harbor areas or mineral
lands where, under existing law, the same can be sold, shall be
made in the same manner, under the same notice and at the same
time and place, as provided in section 1, of this act.* (Laws '07,
p. 315, §2.)
§39. Confirmation of Sale.
That the members of the said Board of Appraisers, or the
county auditor conducting the sale, shall, upon making sale of
*The preceding section.
LAND LAWS OF WASHINGTON
39
any school land, or stone, mineral or timber thereon, report such
sale to the said board of appraisers, as provided in this act, to-
gether with other information touching the same, as the said
board shall have prescribed, and within ten days from the date
of the reception of such report by the Commissioner of Public
Lands, if no affidavit showing that the interest of the state in
such sale were injuriously affected by fraud or collusion shall
have been filed with said board, and it shall appear from such
report that the sale was fairly conducted, and that the pur-
chaser was the highest bidder at such sale, and that his bid was
not less than the appraised value of the property sold, and if
the said Board of State Land Commissioners shall be satisfied
that the land sold would not, upon being readvertised and sold,
sell for at least ten per cent. more than the price at which it shall
have been sold, and that the payment required by law to be made
at the time of making the sale has been made, and the best in-
terests of the state may be thereby subserved, the Secretary of
the Board of State Land Commissioners, by order of said Board
shall enter upon his records a confirmation of said sale and there-
upon the Commissioner of Public Lands shall issue to the pur-
chaser a contract of sale, as in this act provided. (Laws '97,
p. 240, §15; amended Laws '03, p. 114, §2; amended Laws '07,
p. 755, §7; B. C., §2145; P. C., §8175.)
FORMER LAWS: Laws '89-'90, pp. 444-46, §§14-16; Laws '93, p. 397, §21;
Laws '95, p. 541, $29.
Mandamus will not lie to compel board to readvertise and resell, their action
being discretionary: McNaught etc. Co. v. Atlantic etc. Co., 36 Wash. 669; State
ex rel. Bussell v. Bridges, 30 Wash. 268.
§40. Terms of Sale-Minerals-Patents.
One-
All state lands shall be sold on the following terms:
tenth to be paid on the date of sale, and one-tenth annually
thereafter on the first day of March in each year until the full
purchase price has been paid: Provided, That any purchaser
may make full payment at any time. All deferred payments
shall draw interest at the rate of six per cent. per annum. The
first installment of interest shall become due and payable on the
first day of March, next after the date of sale, and thereafter
40
LAND LAWS OF WASHINGTON
all interest shall become due and payable annually on the first
day of March in each year. All remittances for payment of
either principal or interest must be forwarded to the Commis-
sioner of Public Lands. When the entire purchase price of any
land shall have been fully paid, such fact shall be certified by
the Commissioner of Public Lands to the Governor, whereupon
he shall cause a patent to be issued to the purchaser. Patents
shall be signed by the Governor and attested by the Secretary
of State, with the seal of the State attached thereto, and shall
be recorded in the office of the Commissioner of Public Lands,
and no fee shall be required for any deed or patent of land issued
by the Governor, other than the fee provided for in this chap-
ter: Provided further, That each and every contract for the
sale of any state lands, or deeds or patents to such state lands
except deeds or patents issued pursuant to contracts heretofore
made shall contain the following saving clause: "The party of
the first part hereby expressly saves, excepts and reserves out
of the grant hereby made, unto itself, its successors, and assigns
forever, all oils, gases, coal, ores, minerals and fossils of every
name, kind or description, and which may be in or upon said
lands above described, or any part thereof, and the right to
explore the same for such oil, gases, coal, ores, minerals, and
fossils; and it also hereby expressly saves and reserves out of
the gront hereby made, unto itself, its successors and assigns
forever, the right to enter by itself, its agents, attorneys and
servants upon said lands or any part of parts thereof, at any
and all times, for the purpose of opening, developing and work-
ing mines thercon, and taking out and removing therefrom all
such oils, gases, coal, ores, minerals and fossils, and to that end
it further expressly reserves out of the grant hereby made, unto
itself, its successors and assigns forever, the right by its or their
agents, servants and attorneys at any and all times to erect, con-
struct, maintain and use all such buildings, machinery, roads and
railroads, sink such shafts, remove such soil, and to remain on
said lands or any part thereof for the business of mining and to
occupy as much of said land as may be necessary or convenient
for the successful prosecution of such mining business hereby
LAND LAWS OF WASHINGTON
41
expressly reserving to itself, its successors and assigns, as afore-
said, generally, all rights and powers in, to, and over said lands,
whether herein expressed or not, reasonably necessary or con-
venient to render beneficial and efficient the complete enjoyment
of the property and rights hereby expressly reserved": Pro-
vided further, That no rights shall be exercised under this reser-
vation by the state, its successors or assigns, until provision has
been made by the state, its successors or assigns to pay to the
owner of the land upon which the right herein reserved to the
state, its successors or assigns or sought to be exercised, full
payment for all damages sustained by said owner, by reason of
entering upon said land. (Laws '97, p. 240, §16; amended
Laws '07, p. 749, §3; B. C., §2146; P. C., §8176.)
FORMER LAWS: Laws '89-90, p. 445, §14; Laws '93, pp. 394, 397; §§18, 21;
Laws '95, p. 538, $25; Laws '95, p. 541, §29.
§41. Contracts of Sale.
The purchaser of land under the provisions of this act, except
in cases where this act prescribes cash payment, shall enter into
and sign a contract with the state, to be signed by the Commis-
sioner of Public Lands on behalf of the state, and in a form
to be prescribed by the Attorney General, in which he shall cove-
nant that he will make the payment of principal and interest
when due: Provided, All interest shall be computed from date
contract is issued, and that he will pay all taxes and assessments
that may be levied or assessed on such land, and that on a failure
to make the payments prescribed in this act when due, and for
six months thereafter, that he will, on demand of said board or
other authorized officer of the state, surrender the said premises,
and upon such failure for six months all rights of the pur-
chaser under the said contract may, at the election of said Board
of State Land Commissioners, acting for the state, and without
notice to said purchaser, be declared to be forfeited, and when
so declared forfeited the state shall be released from all obliga-
tion to convey the land. When the payments provided for in
this act for land, stone, minerals or timber shall have been made
in full, the Commissioner of Public Lands shall procure the
42
LAND LAWS OF WASHINGTON
proper deed of conveyance to be made to the purchaser, but in
no case shall final deed of conveyance be issued until after all
of the purchaser's price and accrued interest has been paid. The
contract provided for by this section shall be executed in dupli-
cate, and one copy shall be retained by the purchaser and the
other shall be filed in the office of the Commissioner of Public
Lands. All contracts provided for in this section shall be
signed by the purchaser and also by the Commissioner of Public
Lands on the part of the state, with the seal of the state at-
tached thereto. The Commissioner of Public Lands may, as he
deems advisable, extend the time for payment of principal and
interest on the contract heretofore issued and contracts to be
issued under this act. (Laws '97, p. 241, §17; B. C., §2147;
P. C., §8177.)
FORMER LAWS:
Laws '93, p. 399, §22; Laws '95, p. 542, §30.
Assignment of contracts. §58, post.
This section applies to contracts for tide lands: State v. Bridges, 19 Wash.
131.
Under Laws 1893, p. 335, §26, which provides that "property held under a
contract for the purchase thereof, belonging to the state, county or municipality,
and school and other state lands, shall be considered, for all purposes of taxa-
tion, as the property of the person so holding the same," only the interest of
the contractor for the purchase of state school lands, where the contract has
been subsequently cancelled for non-payment of installments of purchase price
due, can be charged with taxes; and the state's right to the purchase price, or
its right to forfeit the contract for non-payment thereof, cannot be divested by
a tax sale of such lands: State v. Frost, 25 Wash. 134 (distinguishing Wash-
ington Iron Works Co. v. King County, 20 Wash. 150).
Improvements on tide lands held under contract cannot be assessed as per-
sonal property: Grays Harbor Co. v. Chehalis County, 23 Wash. 369.
§42. Notice of Forfeiture.
The Commissioner of Public Lands shall notify the purchaser
of the land in each instance when payment on his contract is
over due, and that he is liable to forfeiture if payment is not
made within six months from the time the same became due,
unless the time be extended by the Commissioner on a satisfac-
tory showing as above provided. (Laws '97, p. 242, §18; B. C.,
§2148; P. C., §8178.)
FORMER LAWS: Laws '95, p. 543, §31.
Forfeiture of leases: $53, post.
It is not necessary that the board should formally declare a contract can-
celled after an applicant has been in default more than six months and notice
has been given and the contract stamped "cancelled": Frazier v. Wilson, 35
Wash. 625.
LAND LAWS OF WASHINGTON
43
§43. Forfeiture of Contracts.
All contracts issued by the State of Washington to the pur-
chasers of school or other lands which are found to be delinquent
in payment of interest two years from time of first payment, and
which have not been extended by law, shall be declared forfeited
by the Commissioner of Public Lands unless such delinquent in-
terest shall be paid to the state in accordance with notice herein-
after provided; that the Commissioner of Public Lands shall
notify the holder of such contract in each instance where pay-
ment of interest is overdue, and that unless payment is made
within six months from the date of said notice, his contract will
be cancelled and the land shall revert to the state. (Laws '97,
p. 244, §27; B. C., §2157, P. C., §8187.)
Time of payment extended: §44, post.
Time of payment on contracts issued under acts of 1890 and 1893:
'05, p. 54.
§44. Extension of Time.
Laws
The time for making payment of principal on any such con-
tracts where one-tenth or more of the purchase price has been
paid, is hereby extended to July the 1st, 1909: Provided, That
all delinquent interest due on such contracts in section 27 of
this act* and all interest falling due on such contracts thereafter
is paid annually on the date stated in such contracts. (Laws
'97, p. 244, §28; amended Laws '03, p. 116, §6; B. C., §2158;
P. C., §8188.)
State ex rel.
FORMER LAWS: Laws '89-90, p. 445, $15; Laws '95, p. 545, §§1-5.
This section applies to tide lands as well as granted lands:
Bellingham Bay Imp. Co. v. Bridges, 19 Wash. 431.
§45. Surrender-Segregation.
Whenever the holder of any contract of purchase or (of)
any state or school land shall surrender the same to the Commis-
sioner of Public Lands with the request to have the same divided
into two or more tracts, it shall be lawful for the Commissioner
to issue the same provided the proposed subdivision shall not be
less than the regular government or public subdivisions, and
provided that no new contract or lease shall issue while there is
due and unpaid any interest, rental or taxes on the land held
* §43 supra.
44
LAND LAWS OF WASHINGTON
under said contract or lease, nor in any case where the Commis-
sioner shall be of the opinion that the state security would be
impaired or endangered by the proposed division; and for all
new contracts or leases a fee of $2 for each new contract or lease
so issued shall be paid by the applicant, and said fee shall be
paid into the state treasury with the other fees of the office. Any
sale or lease of state lands made by mistake, or not in accordance
with law, or obtained by fraud or misrepresentation shall be void,
and the contract of purchase or lease issued thereon shall be of
no effect, but the holder of such contract or lease shall be re-
quired to surrender the same to the Commissioner of Public
Lands, who shall, except in the case of fraud on the part of the
purchaser, cause the money to be refunded to the holder thereof,
provided the same has not been (paid) into the state treasury.
(Laws '03, p. 114, §3; P. C., §8178a.)
§46. Funds, How Kept.
All funds arising from the sale of lands granted to the State
of Washington, for any purpose, shall be held intact for the
purpose for which they were granted. Lands, when selected and
assigned to said grant, shall not be transferred to any other
grant, nor shall the moneys derived from said lands be applied
to any other purpose than for that of the grant to which they
have been assigned. (Laws '97, p. 247, §37; B. C., §2167;
P. C., §8197.)
FORMER LAWS: Laws '95, p. 548, §48.
LAND LAWS OF WASHINGTON
45
•
LEASING OF SCHOOL AND GRANTED LANDS.
§47. Application to Lease.
慾
​That all school and granted lands of the State of Washing-
ton may be leased for a term of six years or less to the highest
bidder at public auction in the following manner: Any person
or persons desiring to lease any of such lands shall make applica-
tion in writing to the Commissioner of Public Lands of this
state; each application shall be accompanied with a deposit of
$10.00, such deposit to be in the form of a draft on some bank,
a postoffice or express money order, or may be paid in cash. In
case the lands so applied for shall be leased at the time they
are offered for lease, then such deposit shall be returned to such
applicant by the Commissioner of Public Lands; but if the land
shall not be leased when so publicly offered for lease, then such
deposit shall be declared forfeited to (the) state, and the Com-
missioner of Public Lands shall pay the said deposit over to
the State Treasurer, who shall place the same to the credit of
the general fund of the state. (Laws '97, p. 242, §19; amended
§2149; P. C., §8179.)
Laws '03, p. 115, §4; B. C.,
FORMER LAWS: Laws '89-90, p. 446, §17; Laws '93, p. 400, §23; Laws '95,
p. 544, §32.
Manner of leasing, generally: $37 et seq., supra.
Leasing of tide and shore lands: §84, post.
Leasing of harbor areas: §§74 and 78 et seq., post.
Leasing of tide lands for oyster culture: $206 et seq., post.
Leasing of mineral lands: §164 et seq., post.
Leasing of oil and gas lands: §172 et seq., post.
As the commissioner acts at his own discretion upon applications for the
leasing of lands, mandamus to compel him to do so cannot be maintained by an
applicant not beneficially interested: State ex rel. Pelton v. Ross, 39 Wash. 399.
Mandamus will lie to compel commissioner to reinstate a lease wrongfully
cancelled: State ex rel. Smith v. Ross, 42 Wash. 439; State ex rel. Bussell v.
Callvert, 33 Wash. 380.
The interest of a lessee of state lands is subject to sale on execution as real
estate and hence a sale made upon the notice provided for sales of personal
property is void: Reilley v. Anderson, 33 Wash. 58.
§48. List to County Auditors.
When, in the judgment of the Commissioner of Public Lands,
a sufficient number of applications have been received from any
a
46
LAND LAWS OF WASHINGTON
one county, the said commissioner shall then certify a list of
such lands so applied for, and any other lands he may deem
advisable to offer for lease at the same time, to the auditor of
the county in which such lands are situated; fixing the date when
such lands shall be offered for lease and the character of the
land, whether agricultural, pastoral or scab: Provided, The
agricultural lands shall not be leased for less than ten cents per
acre. (Laws '97, p. 242, §20; B. C., §2150; P. C., §8180.)
FORMER LAWS: Laws '95, p. 545, §§36-7.
Compare: $37, supra.
$49. Posting.
Upon receipt of such list so certified, the county auditor shall
proceed to post said list for a period of thirty (30) days prior
to the date of leasing, in some conspicuous place in his office
and elsewhere in the county, as the commissioner may direct.
(Laws '97, p. 243, §21; B. C., §2151; P. C., §8181.)
FORMER LAWS: Laws '95, p. 545, $37.
Compare: $37, supra.
$50. Rental in Advance.
The person or perons leasing any of such lands, shall pay
over to the county auditor the first year's rent, in accordance
with his bid, which payment shall be in the form of a certified
check or certificate of deposit on some bank in this state, or
may be paid in cash; all rent thereafter shall be paid annually
in advance to the Commissioner of Public Lands. (Laws '97,
p. 243, §22; B. C., §2152; P. C. §8182.)
$51. Returns to County Auditors-Right to Purchase.
When any of such lands shall have been so leased by the
county auditor, the said auditor shall at once proceed to certify
a list of such lands to the Commissioner of Public Lands, giving
the name of the lessee, the postoffice address, term of lease, lease
price per annum, amount paid on lease, and any other informa-
tion required by the Commissioner of Public Lands; the auditor
shall also remit all moneys so paid to him on lease to the said
Commissioner, who shall issue his receipt in duplicate therefor,
the original receipt to be sent to the lessee and a duplicate
LAND LAWS OF WASHINGTON'
47
thereof to be kept in his office, and pay the money over to the
State Treasurer and take his receipt therefor: Provided, That
lands held under lease shall not be offered for sale, or sold, during
the life of the lease, except upon application of the lessee.
(Laws '97, p. 243, §23; amended Laws '03, p. 115, §5; B. C.,
§2153; P. C., §8183.)
A deed of tide lands from the state to the United States does not abrogate
the rights of a prior lessee of such tide lands under a valid lease from the state
under the proviso of this section that lands held under lease shall not be offered
for sale except to the lessee: State ex rel. Bussell v. Callvert, 33 Wash. 380;
State ex rel. Bussell v. Bridges, 23 Wash. 82.
A lessee of tide lands who waives the limitation that "lands held under lease
shall not be offered for sale or sold except to the lessee if the lessee shall keep
his lease in good standing," and applies for the sale of his leased premises, can-
not, where the lands are struck off to a higher bidder than himself, come in after-
wards and secure a preference right of purchase by tendering the amount of the
highest bid although his lease contains a provision, "That the tide lands herein
shall not be offered for sale except upon application of the lessee, who shall
have preference right to release or to purchase at the highest rate bid," since
there is no authority of law for the insertion of such a clause in his lease:
State ex rel. Bussell v. Bridges, 23 Wash. 82.
$52. Execution of Leases.
·
Upon receipt of such certified list and moneys paid from the
county auditor, the Commissioner of Public Lands shall proceed
to issue a lease to the lessee, upon a form to be prescribed by
the Attorney General. All leases shall be in duplicate, both to
be signed by the lessee and by the Commissioner of Public Lands
on behalf of the state with the seal of the Commissioner of Public
Lands attached thereto; the original lease to be forwarded to the
lessee and the duplicate to be kept in the office of the Commis-
sioner of Public Lands. (Laws '97, p. 243, §24; B. C., §2154;
P. C., §8184.)
FORMER LAWS: Laws '95, p. 546, $39.
Assignment of leases, $58, post.
$53. Notice of Forfeiture.
The Commissioner of Public Lands shall keep a full and com-
plete record of all leases so issued and payments made thereon,
and on the first of each and every month the Commissioner of
Public Lands shall cause notice to be served on lessees of public
lands who may become delinquent on annual payment within
sixty days, and therefore subject to forfeiture, and the Commis-
sioner shall forthwith, if no response be had, declare a forfeiture
48
LAND LAWS OF WASHINGTON
of the lease, and may eject the lessee therefrom. (Laws '97,
p. 244, §25; B. C., §2155; P. C., §8185.)
FORMER LAWS: Laws '95, p. 546, §40.
Forfeiture of contracts, see §§42-3.
Service of the notice of delinquency may be made by mail, but where such
notice fails to reach lessee and is returned unopened, the commissioner has no
authority to cancel lease; and a lessee paying within sixty days after second
notice is entitled to a reinstatement: State ex rel. Smith v. Ross, 42 Wash. 439.
A lease cannot be cancelled by the commissioner for any cause except non-
payment of rent: State ex rel. Bussell v. Callvert, 33 Wash. 380.
§54. Rejection of Bids.
The Commissioner of Public Lands or the Auditor may reject
any and all bids when the interests of the state shall justify it:
Provided, That if the Commissioner of Public Lands or the
Auditor shall reject any such bid he shall forthwith return to the
lessee any moneys paid, upon the return of any and all receipts
issued to the lessee. (Laws '97, p. 244, §26; B. C., §2156; P. C.,
§8186.
§55. Improver's Preference Right to Lease.
The owner of improvements placed on lands held under con-
tracts from the state, where such contracts are forfeited to the
state, shall have a preference right to lease any of such lands
for a period of ninety days from the cancellation of such con-
tracts by the state in the following manner:
The owner of such improvements shall make application in
writing, certifying under oath as to the character and value of
such improvements, for the lease of such lands, setting forth the
amount bid for the lease of same, which bid shall be considered
by said Commissioner, and if deemed sufficient and to the best
interest of the state to accept said bid, the said Commissioner
shall proceed to issue a lease to such bidder as provided in section
23 of this act* upon receipt of the first year's rent in accordance
with such bid: Provided, That if such lands are not leased as
above provided in this section the same may be leased or sold as
provided for the lease or sale of other school and granted lands.
(Laws '97, p. 245, §29; B. C., §2159; P. C., §8189).
Applies to contracts for tide lands as well as granted lands: State v. Bridges,
19 Wash. 431.
* §51 supra.
LAND LAWS OF WASHINGTON
19
$56. Lessee's Prior Right to Re-Lease.
The prior lessee may, if he so desires, exercise the preference
right to re-lease at the highest rate bid: Provided, however,
That the owner of improvements placed on school lands held
under lease from the state when the terms of such lease have
been fully complied with shall have preference right to re-lease
the same or any part thereof for a period of thirty days from the
expiration of such lease in the following manner: The owner of
such improvements shall make application in writing for the
re-lease of such lands certifying under oath as to the value and
character of the improvements placed thereon, setting forth the
amount bid for the re-lease of the same, which bid shall be con-
sidered by the Commissioner of Public Lands and if it be deemed.
sufficient and to the best interests of the state to accept said bid,
the said Commissioner shall proceed upon the receipt of the
first year's rental to issue a new lease to such bidder in accord-
ance with said bid as provided in section 23 of this act:* And
provided further, That the appraisement of all leased lands shall
be made once every five years or oftener if deemed necessary.
(Laws '97, p. 245, §30; amended Laws '99, p. 77, §1; B. C.,
§2160; P. C., §8190.)
Prohibition will not lie in the supreme court to restrain the commissioner
from releasing tide lands to a prior lessee who has complied with the provisions
of this section, as the commissioner acts upon applications to lease lands at his
own discretion: State cx rel. Pelton v. Ross, 39 Wash. 399.
§57. Water Rights-Removal of Improvements.
At any time during the existence of a lease the lessee may,
with the consent of the Board of State Land Commissioners, first
obtained, by written application, showing the cost and benefits
to be derived thereby, purchase or acquire a water right in order
to irrigate the land leased by him, and if such water right shall
be: ome a valuable and permanent improvement, then, in case of
ne sale or lease of such lands to other parties, the old lessee
shall be entitled to receive the value therof as in case of other
improvements which he may place upon said land. Improve-
ments made upon school, granted and other lands by lessees from
* §51 supra.
-4
50
LAND LAWS OF WASHINGTON
the state in cases in which the lessee yields his lease to the state
prior to any application to purchase the land so leased, such as
are capable of removal without damage to the land, may be re-
moved by the original lessee, or at his option may remain subject
to purchase, by any purchaser who shall apply to purchase the
land within a period of three years from the expiration of said
lease. (Laws '97, p. 245, §31; amended Laws '03, p. 116, §7;
B. C., §2161; P. C., §8191.)
FORMER Laws: Laws '95, p. 546, §41.
$58. Rights of Assignee.
Each assignee of a bona fide purchaser or lessee of any of the
state school and granted lands is subject to and governed by the
provisions of the law applicable to the purchaser or the lessee of
whom he is the assignee, and he shall have the same rights in all
respects as the original purchaser or lessee of the same class of
lands: Provided, The assignment is approved and entered of
record by the Commissioner of Public Lands. No lessee or as-
signee of any lease of state lands leased as scab or pasture lands
shall be permitted to use the same for any other purpose than
that expressed in the lease: Provided, Said lessee or his assigns
may be permitted to clear, plow and cultivate all or any part
thereof upon surrendering the said lease and requesting the Com-
missioner of Public Lands to issue an agricultural lease in lieu
thereof; upon the payment of the fixed rental under the ap-
praisement of said land the Commissiner shall issue a new lease
for the unexpired term thereof. (Laws '03, p. 116, §8; P. C.,
§8191a.)
:
LAND LAWS OF WASHINGTON
51
TIDE AND SHORE LANDS.
$59. Classification.
The tide and shore lands of the State of Washington, which
are not reserved from sale by the constitution and laws of the
state, shall be divided into two classes:
(1) Tide and shore lands of the first class, which shall com-
prise all tide and shore lands within or in front of the limits of
any incorporated city or town, or within two miles thereof on
either side, including submerged lands lying between the line of
mean low tide and the inner harbor line, wherever harbor lines
have been established or shall be established.
(2) All tide and shore lands in the state not included in the
above class, shall be known as second class tide and shore lands,
and shall be leased and sold as in the manner provided in this act.
(Laws '97, p. 248, §39; B. C., §2169; P. C., §8198.)
FORMER LAWS: Laws '89-90, p. 431, §4; Laws '95, p. 549, §52.
Classification of state lands, §20, supra, and notes.
Courts will not take judicial notice of city or town limits: West Seattle v.
West Seattle Land Co., 38 Wash. 359.
Tide lands are sold subject to the paramount right of navigation: Dawson v.
McMillan, 34 Wash. 269.
The state has no authority to sell tide lands included within the limits of
an Indian reservation and patented to individual members of the tribe prior to
statehood: Jones v. Callvert, 32 Wash. 61.
Tide lands upon which a boom company has filed a plat as provided by Laws
1889-90, p. 470, and Laws 1895, p. 128, and not thereby severed from the mass
of the public lands, but are subject to sale as provided by law: Samish Boom
Co. v. Callvert, 27 Wash. 611.
The term tide lands, as used in the act of March 26, 1890, when applied to
tide lands of the first class, must be construed as including lands lying be-
tween the inner harbor lines as may be established and the line of ordinary high
tide (or the patent line, where the same is below such high tide line): State
ex rel. McKenzie v. Forrest, 11 Wash. 227.
The term "in front of the limits of any incorporated city," must be con-
strued as referring to only such land as lies adjoining and in front of the limits
of such city; and the term "within two miles thereof on either side,” should
be construed as referring to such tide lands as are located, by measurement along
the general direction of the city shore line within a distance of two miles from
either of its two boundary lines, which extend inland from such shore line:
State ex rel. Lehman v. Bridges, 24 Wash. 362.
An occupant of tide lands belonging to the state cannot enjoin the occupation
and use by another of the lands lying in front of his improvements, when his
access to navigable water is not thereby materially interfered with:
O'Connell, 7 Wash. 117.
Morse v.
52
LAND LAWS OF WASHINGTON
§60. Platting of Tide and Shore Lines of First Class.
It shall be the duty of the Harbor Line Commission provided
for in this act to survey, plat, examine and appraise any tide or
shore lands of the first class not heretofore platted and appraised
and said Commission may establish harbor lines in front of in-
corporated cities and towns where such harbor lines have not been
heretofore established under the provisions of article 15 of the
constitution of this state; and whenever all of the owners and
other persons having a vested interest in the lands embraced
within any such plat or within any portion of such plat embrac-
ing all the land in such plat, bounded by waterways heretofore
established and the upland and deep water, shall petition the
State Land Commission by filing a petition therefore with the
Commissioner of Public Lands, the State Land Commission is
authorized and empowered to replat the lands described in said
petition and all unsold land within such replat shall be re-
appraised in the manner provided for original appraisements of
tide lands. All streets, alleys, waterways and other public places
embraced within any such plat or portion of plate vacated by the
replat hereby authorized shall vest in the owner or owners abut-
ting thereon. If in the preparation of such replat by the State
Land Commission it becomes desirable to appropriate any tide
land which has heretofore been sold for use as streets, alleys,
waterways or other public places, all persons interested in the
title shall join in the dedication of such replat before the same
shall be effected. No waterways laid out prior to January 1,
1900, shall be vacated. All plats and replats provided for in
this section shall be in triplicate. Within thirty days after the
adoption of such replat by the Commission one copy shall be
filed in the office of the Commissioner of Public Lands; one copy
in the office of the auditor of the county wherein such land is
situated and one copy in the office of the city engineer of the city
or town wherein such land is situated. Any replat of lands here-
tofore platted shall be in full force and effect and shall consti-
tute the vacation of streets, alleys and waterways and public
places heretofore dedicated and shall constitute a dedication of
new streets, alleys or public places and waterways appearing
LAND LAWS OF WASHINGTON
53
upon such replat when a majority of the city council of the city
or town wherein such replatted land is situated shall by resolution
approve the same; and if such land is not in any incorporated
city or town when a majority of the county commissioners of the
county wherein such replatted land is situated shall approve the
same. Nothing herein contained shall be construed to supersede
existing laws relating to the vacation of streets, alleys and pub-
lic places. This section is intended to afford an additional method.
of procedure: Provided, If any streets heretofore platted are
vacated by the replat and any new street or waterway is so laid
out as to leave unsold tide land between such new street or water-
way and land heretofore sold, the owner of said tide land here-
tofore sold shall have the preference right, for sixty days after
final approval of such replat, to buy the unsold tide land so inter-
vening at the appraised value. (Laws '97, p. 248, §40; amended
Laws '01, p. 326, §1.; B. C., §2170; P. C., §8199.)
FORMER LAWS: Laws '89-'90, p. 239, §§3-4; Laws '95, p. 550, §53.
Later act providing for establishment of harbor lines and survey and dis-
position of tide and shore lands: $70 et seq., post.
The harbor line commission has jurisdiction over Salmon Bay:
Harbor Line Commission, 4 Wash. 6.
State v.
Highway on ocean beach: Special Laws Nos. 23 and 24, post.
§61. Survey-Streets-Appraisal.
In surveying tide or shore lands of the first class the said
Harbor Line Commission shall have power to act, and it shall
be their duty to lay out streets and alleys which shall thereby be
dedicated to the public use, subject to the control of cities, with
due regard to the convenience of commerce and navigation:
Provided, That all alleys, streets, avenues, boulevards and other
public thoroughfares heretofore located and platted on the tide
or shore lands of the first class by boards of tide land appraisers
or the Board of State Land Commissioners, are hereby validated
as public highways and dedicated to the use of the public for
the purposes for which they were intended, and no improver, up-
land owner or other person shall have the right to buy the whole
or any part of such alley, street, avenue, boulevard or other
thoroughfare. And in appraising said lands said commission
shall appraise each lot, tract or piece of land separately, and
54
LAND LAWS OF WASHINGTON
shall enter in a well bound book a description of the lot, tract or
piece of land, its full appraised value, the arca and the rate per
acre at which it is appraised; and if said lot is covered in whole
or in part by improvements in actual use for commerce, trade or
business, on or prior to the March 26, 1890, the said Commission
shall designate the owner of said improvements, of what they
consist, the area of land covered by them, the portion of each
lot, tract or piece of land and the appraised value of the land
covered thereby with and exclusive of the improvements. (Laws
'97, p. 248, §41; B. C., §2171; P. C.. §8200.)
FORMER LAWS: Laws '89-90, p. 432, §§3-5; Laws '89-'90, p. 733, §§1-2;
Laws '95, p. 550, $54.
Municipal corporations may extend streets over tide lands: Const., Art. 15,
§3, infra, and notes.
$62, post.
§64, post.
Laws '99, p. 84.
Cancellation of contracts of sale which include streets:
Control of streets over tide lands in cities of first class:
Cities authorized to lease vacant streets over tide lands :
The right given municipal corporations by the Const., Art. 15, §3, to extend
their streets over tide lands is not a continuing one: State ex rel. Gatzert-
Schwabacher Land Co. v. Bridges, 19 Wash. 428.
Const., Art. 15, §3, contemplates that the extension of streets over tide lands
shall be in a direct line and of the same width as the street thus extended, and
an attempt to extend such street at an angle instead of a direct course is void :
Ilwaco v. Ilwaco Ry. & Nav. Co., 17 Wash. 652.
City cannot extend its street over tide land which is not an extension of an
existing street: Seattle & M. Ry. Co. v. State, 7 Wash. 150.
Where the board of tide land appraisers had no power under the existing
statute at the time of appraising tide lands to lay out and plat streets thereon,
and there is nothing on their plat as filed to indicate that they attempted to
perform such an act, a subsequent statute validating streets theretofore located
and platted on tide lands, has no application to the circumstances of the case:
Ilwaco v. Ilwaco Ry. & Nav. Co., 17 Wash. 652.
Where a particular tract of tide land has been platted and appraised by the
board of tide land appraisers as other tracts were platted and appraised and is
not marked as a street nor contains any intrinsic evidence of an intent on the
part of the board to lay it out as a street, the evidence of members of the board
is inadmissible for the purpose of explaining and contradicting the plat: Ilwaco
v. Ilwaco Ry. & Nav. Co., 17 Wash. 652.
The state land commissioners appointed under the public lands act of March
26, 1895, had no authority to review the action of local boards of tide land ap-
praisers in the location of streets upon tide lands, which acts had been subse-
quently confirmed by legislation: Seattle v. Forrest, 14 Wash. 423.
Streets laid out over tide lands by the board of tide land appraisers without
authority under Laws 1890, p. 431, were validated and declared public highways
by Laws 1895, p. 550: West Seattle v. West Seattle Land Co., 38 Wash. 359.
Under Laws 1889-90, p. 432, §5, it was held that the county board of ap-
praisers therein provided for could not lawfully organize to survey and appraise
tide lands until harbor lines had been established: State v. Sharpstein, 4 Wash.
68..
LAND LAWS OF WASHINGTON
55
The right of cities to extend streets over tide lands is not confined to those
of the first class, but applies to all incorporated cities: State ex rel. Bartlett v.
Forrest, 12 Wash. 483.
Where a street platted upon tide land has been dedicated to the public and
subsequently extended by ordinance over adjacent tide lands and recognized as a
street by the refusal of the state to appraise same for that reason, it must be
held to be a valid street, notwithstanding it is not an extension of an upland
street: State ex rel. Bartlett v. Forrest, 12 Wash. 483.
The right of a city to extend streets over tide lands is superior to improver's
right: Columbia & P. S. Ry. v. Seattle, 6 Wash. 332; Globe Mill Co. v. Belling-
ham Bay Imp. Co., 10 Wash. 458.
§62. Sales of Street Extensions to Be Cancelled.
That, whereas, the Board of State Land Commissioners has
heretofore received and considered applications for and has issued
contracts or deeds purporting to convey to private persons or
corporations, certain lots platted on the tide land areas within
the harbors of cities of the first class, which said lots are in reality
legally established projections or extensions of public streets
within the corporate limits and along or across the harbor areas
of such cities, which said projections and extensions were duly
made by said cities in pursuance of the act of March 24, 1890,
relating to charters of cities to twenty thousand inhabitants and
upwards, therefore, the Board of State Land Commissioners is
hereby instructed to cancel all deeds or contracts and to reject all
applications covering any such street extensions or projections
which are not duly vacated, refunding all moneys paid thereon,
and no sale or grant of any land included within the limits of
any such street shall hereafter be made unless and until the same
shall be duly vacated or disestablished by the authorities of such
city. The State Auditor is hereby authorized to draw such war-
rants upon the tide lands fund as are necessary to carry out the
provisions hereof. (Laws '97, p. 30, §1; B. C., §2203; P. C.,
§8257.
The Legislature has the power to vacate streets platted across tide lands,
where no private rights have intervened; and the approval of a plat which con.
flicts with former plats necessarily vacates the former plats and all streets in
conflict with the later plat: Henry v. Seattle, 42 Wash. 420.
This act has no application to a contract made subsequently to the legal va-
cation of such streets. Id.
§63. -Successors of State Board Shall Act.
The powers hereby conferred and the duties imposed upon
the Board of State Land Commissioners shall be possessed and
56
LAND LAWS OF WASHINGTON
exercised by any other board or officer who may hereafter succed
to the jurisdiction and powers, in respect to tide lands, now pos-
sessed by the State Board of Land Commissioners. (Laws '97,
p. 31, §2; B. C., §2204; P. C., §8258.)
§64. Streets-Control of.
All streets and alleys, which have been heretofore or may here-
after be established upon, or across tide and shore lands of the
first class shall be under the supervision and control of the cities
within whose corporate limits such tide and shore lands are situ-
ated, to the same extent as are all other streets and alleys of such
cities, and all acts of supervision and control thereof by such
cities hitherto within one year last past are hereby confirmed and
declared valid to the same extent that they would be valid in the
case of other streets and alleys of such cities. (Laws '01, p. 346,
§1; P. C., §3742.)
FORMER LAWS: Laws '89-'90, p. 733, §§1-2.
Streets over tide lands generally: §61 supra.
$65. Plat Books.
•
Said Commission shall prepare plats showing all shore and tide
lands surveyed and appraised by them in the respective counties,
on which shall be marked the location of all such lands, extend-
ing the lines of United States survey over the same, and shall
prepare and keep in a well bound book a record of their proceed-
ings, including a list of said shore and tide lands and their ap-
praisal of the same, which plat and book shall be in duplicate.
(Laws '97, p. 249, §42; B. C., §2172; P. C., §8201.)
1
FORMER LAWS: Laws '95, p. 551, §55; Laws '89-'90, p. 433; §6; Laws '95,
p. 572, §§1-2.
$66.
-Where Deposited.
When the said Commission shall have discharged their duties
as aforesaid they shall deposit one copy of the plat and record
as aforesaid with the county auditor in the respective counties,
who shall file and safely keep the same in his office, and they shall
deliver one copy of the plat and record to the Commissioner of
LAND LAWS OF WASHINGTON
57
Public Lands. (Laws '97, p. 249, §43; B. C., §2173; P. C.,
§8202.)
FORMER LAWS: Laws '89-'90, p. 433, §7; Laws '95, p. 551, §56; Laws '95,
p. 574, §2.
§67. Notice of Plat-Appeals.
The Harbor Line Commission shall, before delivering said plat
and record to the Commissioner of Public Lands, cause a notice
to be inserted for a period of four consecutive weeks in a news-
paper of general circulation in the county wherein the lands are
situate that said plat and record describing it is complete and
subject to inspection at the office of the Commission and will be
filed on a certain day to be named in the notice. Any person
claiming a preference right of purchase of any of said lands, and
who feels aggrieved at the appraisement fixed by the Commission
upon said land or any part thereof, may within sixty (60) days
after the filing of such plats and records by said Commission
(which shall be done on the day fixed in said notice) appeal from
said appraisement to the superior court of the county in which
said tide lands are situated. Said appeal shall be taken in the
manner prescribed in section 1630 of Hill's Annotated Statutes
and Codes of Washington, providing for appeals from justice
courts. The prosecuting attorney of any county or city attorney
wherein such lands are situated shall, at the request of the Gov-
ernor or of ten freeholders of the county wherein such lands are
situated, appeal on behalf of the state from any appraisement as
hereinbefore provided, which appeal shall be taken in the manner
provided above. Notice of such appeal shall be served on the
Harbor Line Commission, whose duty it shall be to immediately
notify all interested. The party other than the state or city ap-
pealing shall execute a bond to the opposite party with sufficient
surety, to be approved by the State Land Commissioner, in the
sum of two hundred dollars conditioned for the payment of the
costs on appeal. (Laws '97, p. 249, §44; B. C., §2174; P. C.,
§8203.)
post.
FORMER LAWS: Laws '89-'90, p. 434, §9; Laws '95, p. 551, §57.
Appeals from Board of State Land Commissioners generally: $147 et seq.
58
LAND LAWS OF WASHINGTON
Under Laws 1895, p. 551, §57, authorizing appeals from the decisions of local
and state boards in appraising tide lands to be taken by the city attorney of the
city wherein such lands are situated, such appeal may be prosecuted by the cor-
poration counsel of a city, when such is the title of its principal law officer:
Scott v. Forrest, 13 Wash. 166.
Under the act of March 26, 1895, relating to the appraisal and sale of tide
lands, no appeal lies from the decision of a local board of appraisers to the su-
perior court; the appeal from the local board is to the State Board of Land
Commissioners, and appeal from the latter may be taken to the superior court:
Scott v. Forrest, 13 Wash. 166.
§68. Preference Right to Purchase.
The owner or owners of lands abutting or fronting upon tide
or shore lands of the first class shall have the right for sixty (60)
days following the filing of the final appraisal of the tide and
shore lands with the Commissioner of Public Lands to apply for
the purchase of all or any part of the tide or shore lands in front
of the lands so owned: Provided, That if valuable improvements,
and in actual use prior to March 26, 1890, for commerce, trade,
residence or business have been made upon said tide or shore
lands by any person, association or corporation, the owner or
owners of such improvements shall have the exclusive right to
apply for the purchase of the land so approved for the period
aforesaid: Provided, That the owners of such improvements
shall have the right in all cases to purchase, in addition to the
tide lands covered by such improvements, unoccupied and unim-
proved tide lands adjoining such improvements sufficient for the
necessary and convenient use and enjoyment of such improve-
ments, and the right of the owner of such improvements to pur-
chase such adjoining, unoccupied and unimproved tide lands as
may be requisite and necessary for the proper and convenient use
of such improvements and business shall be prior and superior to
that of the upland owner or others claiming under, by or through
such upland owner, except in cases where, prior to the passage
of this act, a contract for the sale of such unimproved tide land
has been actually made by the State Land Commissioner with such
upland owner. The owner of such improvements shall make ap-
plication to the State Land Commissioner for leave to purchase
such additional and adjoining tide lands, and set forth in his ap-
plication the business, purpose and use for which said additional
LAND LAWS OF WASHINGTON
59
·
land is wanted, and which said land shall be fully described by
metes and bounds, and an accurate plat of the same shall be at-
tached to the application; and shall also show the land as sur-
veyed and platted by the state with reference to the plat on file
in the county where the tide land is situated. The Commissioner
of Public Lands shall advertise such application as required for
applications to purchase tide lands of the second class in this
act, and after hearing the case of the applicant, the Harbor Line
Commission shall determine the applicant's rights, but in no case
shall such applicant be allowed more land than is necessary for
the convenient and proper use of his improvements and business.
All applications of such improvers for such additional tide land
shall be filed with the Commissioner of Public Lands on or before
ninety days from the passage of this act. Such application shall
be in writing, and filed with the Commissioner of Public Lands
within the sixty days preference right given upland owners and
improvers. If at the expiration of sixty days from and after
the filing of final appraisal with the Commissioner of Public
Lands there being no conflicting applications filed the applicant
shall be deemed to have the right of purchase. If at the expira-
tion of said sixty days two or more applications shall have been
filed for any tract, conflicing with each other, the Harbor Line
Commission shall forthwith order a hearing to determine the
rights of the parties applying for said tract. They shall require
each applicant, within a time stated, to submit under oath a full
statement of the facts whereby he claims a preference right of
purchase, and such statement shall be the only pleading required
and will be deemed denied by all other applicants. In case any
applicant shall fail within the time limited to file such statement
he shall, unless good excuse be shown therefor, be deemed to
have waived his right of purchase of the tract under his applica-
tion. At the hearing which may be upon oral or written testi-
mony, the Board shall determine who has the first right of pur-
chase to the whole or any portion of the lot or tract involved, and
such award shall be certified to the Commissioner of Public Lands,
who shall, unless an appeal be taken from the appraisal or find-
ing to the superior court, proceed to sell and dispose of said
60
LAND LAWS OF WASHINGTON
咖
​lands in accordance with such finding. (Laws '97, p. 250, §45;
B. C., §2175; P. C., §8204.)
FORMER LAWs: Laws '89-'90, pp. 433-5, §§8-11; Laws '91, p. 403, §1; Laws
'95, p. 502, §§58, 61-2.
State has title to lands under water: Const., Art. 17, §1, supra.
Appeals from board of State Land Commissioners: $147 et seq. post.
Preference right to purchase shore lands of second class: §79 et seq., post.
Preference right to purchase not a vested right: Seattle & Lake Washington
etc. Co. v. Seattle Dock Co., 35 Wash. 503.
The tide land law allowing improvers of such lands a preference right of pur-
chase is a concession by the state which must be strictly construed: Globe Mill
Co. v. Bellingham Bay Imp. Co., 10 Wash. 458.
Under this statute the owner of tide lands has no preference right to pur-
chase abutting tide lands: Denny v. Northern Pacific Ry. Co., 19 Wash. 299.
In a case appealed to the superior court from the Board of State Land Com-
missioners, no formal pleadings are necessary, and res judicata may be proved
without being pleaded: Denny v. Northern Pacific Ry. Co., 19 Wash. 299.
Mandamus will not lie to compel the State Land Commission to sell certain
tide lots to one who has been adjudged by the superior court as having the pref-
erence right of purchase, when there is pending before the court an undetermined
motion to vacate the judgment upon which the application for the writ is based:
State ex rel. Kinnear v. Bridges, 21 Wash. 591.
The questions of fact decided by the Commissioner upon applications for the
purchase of tide lands will not be re-examined by the Supreme Court when the
record does not contain a full statement of the evidence upon which his decision
was founded: State ex rel. Smith v. Forrest, 11 Wash. 158.
The sixty days preference right to purchase commences to run from the time
of filing the final appraisement with the State Board of Equalization: McKenzie
r. Woodin, 9 Wash. 414.
A tenant of tide lands holding under lease from the upland owner could not,
in the absence of fraud, acquire a prior right of purchase, as against his land-
lord, by making improvements thereon prior to March 26, 1890, even though the
lessor had never been in actual possession of the tide land, if the lessee had no
other claim of title than his possession under the lease. Tullis v. Tacoma Land
Co., 19 Wash. 140.
An appeal lies from the decision of the board that the lands applied for are
not subject to sale: Ilwaco v. Ilwaco Ry. & Nav. Co., 17 Wash. 652.
Where an application for the purchase of tide lands accompanied with proper
proofs has been made to the State Land Commissioner, but not filed by him be-
cause of defects in the accompanying plat, the application is subject to amend-
ment, and, when so amended, should be considered as relating back to the time
when it was first tendered: Johnson v. Woodworth, 18 Wash. 243.
The legal title to uplands sold on execution does not pass to the purchaser to
such an extend as to entitle him, during the period allowed for redemption, to
make application for the purchase of tide lands under the statute giving the
owner of uplands abutting upon tide lands a preference right to purchase: Hays
v. Merchants' National Bank, 14 Wash. 192.
The determination by the Commissioner of Public Lands that the plat of sur-
vey presented with an application for the purchase of tide lands is incorrect and
indefinite is a matter which cannot be reviewed by the courts: State ex rel.
Megler v. Forrest, 13 Wash. 268.
The statement, in an affidavit for mandamus to compel the Commissioner of
Public Lands to accept an application for the purchase of tide lands, that the re-
LAND LAWS OF WASHINGTON
61.
lator had presented to the Commissioner a duly certified plat of a survey of the
land, and the field notes of such survey, is sufficient, so far as the pleading is
concerned, and substantial compliance with the provisions of the tide land act of
1895, requiring the relator to show that he had made a survey of the lands ap-
State
plied for and that his surveys connected with the United States surveys:
ex rel. Megler v. Forrest, 13 Wash. 268.
Laws '89-'90, p. 435, §11, relative to preference rights to the purchase of
tide lands, did not bind the state to offer for sale all portions of the tide lands
State ex rel. Bartlett v.
upon which improvements had theretofore been made:
Forrest, 12 Wash. 483.
Laws 1889-90, p. 431, authorized the sale of tide lands of every description,
whether there are improvements thereon, or whether there are abutting upland
owners: State ex rel. Megler v. Forrest, 13 Wash. 268.
•
The act of 1891 did not direct a suspension of sales of tide lands until oyster
reservations were defined, etc., and where the county appraisers neglected to note
upon the maps that certain land is an oyster reserve, the Commissioner was au-
thorized to sell the land: State v. Forrest, 8 Wash. 610.
A purchaser of such lands must prove to the satisfaction of the Commissioner
that such land was not a natural oyster bed at the time of entry thereon: State
v. Forrest, 8 Wash. 610.
A writ of mandate will not lie for the refusal of the Commissioner to issue a
certificate of purchase to an applicant for tide lands, when the petition for the
writ fails to show any erroneous application by the Commissioner of the law to
the facts before him for determination : State ex rel. Smith v. Forrest, 11 Wash.
158.
The use by mill company of contiguous tide land for lumber yard, etc., does
McKenzie v.
not constitute the lessee of the mill company an improver, etc.:
Woodin, 9 Wash. 414.
A row of piles driven from a mill to deep water, to be used for the purpose of
tying up and securing booms of logs, does not constitute such an improvement as
to give a preference right of purchase: Globe Mill Co. v. Bellingham Bay Imp.
Co., 10 Wash. 458..
And the fact that certain tide lands afford a passage way over which logs can
be floated from deep water to a saw mill, and thus are convenient to the opera-
tion of the mill, affords no right of purchase: Globe Mill Co. v. Bellingham Bay
Imp. Co., 10 Wash. 458.
Upland owner of tide land has a preference right to purchase, and is entitled
to injunction against trespassers who attempt to interfere with his possession
until the right to purchase is determined: West Coast etc. Co. v. Winsor, 8
Wash. 490.
The construction of two or three small shacks or buildings on tide lands, and
their use as temporary residences and for the storing of a small quantity of goods
for a short time, does not constitutes such improvements used for "commerce,
trade or business," as is contemplated by the statute giving a preference right of
purchase to improvers: Barlow v. Gamwell, 12 Wash. 651.
Only such tide lands as were actually improved for the purpose of business
and commerce at the time of the passage of the act of 1890 are subject to the
right of purchase thereunder : Globe etc. Co. v. Bellingham Bay etc. Co., 10
Wash. 458.
§69.
Conveyance of Preferred Right.
When the abutting upland owner has attempted to convey by
deed to a bona fide purchaser any portion of the tide or shore
lands in front of such uplands, or littoral rights therein, such
62
LAND LAWS OF WASHINGTON
right to purchase herein given to the upland owner shall be con-
strued to belong to such purchaser, or to any person, association
or corporation claiming by, through or under such purchaser, to
the extent of the tract or right so conveyed. (Laws '97, p. 252,
$46; B. C., §2176; P. C., §8205.)
FORMER LAWS: Laws '89-'90, p. 435, §12; Laws '95, p. 552, §59.
When the upland owner conveys the upland, together with all the appurten-
ances, etc., thereunto belonging, he thereby conveys whatever prior right he
might have had to purchase the tide lands, and a subsequent sale of the land to
another conveys no right to the purchaser over the prior grantee : Seattle &
Montana Ry. Co. v. Carraher, 21 Wash. 491.
$70.
Harbor Lines-Establishment-Extension.
It shall be the duty of the Harbor Line Commission to estab-
lish harbor lines and harbor areas in front of incorporated cities.
and towns where no harbor lines and harbor areas shall have
theretofore been established, and the said Commission shall have
power, whenever in the opinion of said Commission it shall be
necessary; to lengthen or to extend any such areas now existing
or which may hereafter be existing in front of any city or town,
all as is provided for in article fifteen of the constitution of this
state. (Laws '07, p. 738, §1.)
FORMER Laws: Laws '89-'90, p. 239, §3; Laws '95, p. 555, §63.
The harbor line commission has jurisdiction over Salmon bay:
Harbor Line Commissioners, 4 Wash. 6.
State v.
The harbor line commission may establish harbor lines in front of towns, as
section 1, article 15, Const., includes towns as well as cities: Id.
Laws 1895, p. 406, authorizing the disestablishment of harbor lines in front
of towns under certain conditions is unconstitutional as being in conflict with
Art. 15 of the state constitution, which contemplates that such lines, when once
established shall forever remain so: Wilson v. State Land Commissioners, 13
Wash. 65.
§71. Platting and Appraisement of Tide Lands.
Whenever any harbor lines or harbor areas shall have been
established as is provided for in section one (1) of this act, it
shall be the duty of said Commission to plat and appraise any
unsold and unplatted tide or shore lands lying between said har-
bor area and the adjacent upland. (Laws '07, p. 738, §2.)
§72. Filing of Plats.
Said Commission shall have authority to file any plat of any
harbor area or any plat and the appraisements thereto belonging
LAND LAWS OF WASHINGTON
63
of any tide or shore lands in sections or as rapidly as the work
of platting and appraising may progress whenever said Commis-
sion shall deem it expedient so to do. (Laws '07, p. 738, §3.)
FORMER Laws: Laws '89-'90, p. 239, §3.
§73. Application to Purchase.
The owner of any land abutting and fronting upon such tide
or shore land shall have the right for sixty days following the
filing of the final appraisal of the tide and shore lands with the
Commissioner of Public Lands to apply for the purchase of the
lands fronting and abutting the land so owned, in the manner
provided by the general law of the state governing the contract
and sale of tide or shore lands of the first class. (Laws '07, p.
739, §4.)
§74. Preference Right to Lease Harbor Area.
The owner of any land shall have a preference right to lease
the harbor area lying in front of his, her or its land, according
to the then existing laws of this state: Provided, That such
owner shall, within one year after said Commission shall have
acted as hereinabove provided, apply in writing to said Com-
mission, for the right to lease said harbor area: Provided further,
That said Commission may extend the time in which said applica-
tions may be made: And provided further, That if within said
year any other person than the said owner shall apply for said
harbor area, the Commissioner of Public Lands shall notify said.
owner of the pendency of said application, and said owner shall
be allowed sixty days from the date of the service of the said
notice, within which to exercise the preference right herein
granted. If said owner be an actual resident of this state, notice
shall be served upon him personally; and if he be not a resident of
this state, said notice shall be sent to him by mail to his last
known address; and if the address of said non-resident be not
known to the said Commissioner, no notice shall be required.
(Laws '07, p. 739, §5.)
§75. -Sale of Tide Lands of First Class.
Any tide or shore lands of the first class remaining unsold, and
where there be no pending application for the purchase of same,
64
LAND LAWS OF WASHINGTON
shall be sold on the same terms and in the same manner as pro-
vided for the sale of school and granted lands: Provided, That
none of such lands shall be sold for less than the appraised value
heretofore fixed, or that may hereafter be fixed on said lands ;;
but when it is deemed advisable and for the best interests of the
state, such lands may be reappraised in the same manner as pro-
vided for the appraisement and sale of school and granted lands.
(Laws '97, p. 252, §47; B. C., §2177; P. C., §8206.)
FORMER LAWS: Laws '89-'90, pp. 435-6, §§13-14; Laws '95, p. 553, §60.
$76. Price of Lands Other Than First Class.
All tide and shore lands other than first class shall be offered
for sale and sold in the same manner as school and granted lands,
and shall be sold at not less than five dollars per lineal chain,
measured on the United States meander line bounding the inner
shore limit of such tide or shore lands, and each applicant shall
furnish a copy of the United States field notes, certified to by the
Surveyor General of the State of Washington, of said meander
line, with his application, and shall pay one-tenth of the pur-
chase price on the date of sale. (Laws '97, p. 252, §48; amended
Laws '99, p. 138, §1; B. C., §2178; P. C., §8207.)
FORMER LAWS: Laws '95, p. 555, §§65-74.
Preference right to purchase shore lands of second class: $79, et seq. post.
A deed from the state of tide lands of the second class must be considered as
made after a finding of the state land department as to the character of the
lands, and includes all the abutting tide lands; and such a deed is not open to
collateral attack by a subsequent application to purchase a portion of the same
lands as oyster lands: Welsh v. Callvert, 34 Wash. 250.
Under this section an owner of improvements on tide lands is entitled to have
such improvements appraised (as provided in §33, relating to the sale of school
and granted lands), before the land is advertised for sale: Sullivan v. Callvert,
27 Wash. 600.
A purchaser of tide lands described as lying in front of, adjacent to, or abut-
ting on a lot as surveyed and platted by the general government does not thereby
acquire title to tide lands within the measured calls of said lot: Shelton Logging
Co. v. Gosser, 26 Wash. 126.
$77. Sale of Detached Tide and Shore Lands.
Tide or shore lands of the second class which are separated
from the upland by navigable waters, shall be sold at not less
than five dollars per acre; the applicant, at his own expense, shall
survey and cause to be filed with his application a plat of the
LAND LAWS OF WASHINGTON
65
Such surveys shall be con-
surveys of the land applied for.
nected with, and the plat shall show, two or more connections
with the United States survey of the upland. The applicant
shall also file the field notes of the survey of said land with his
applicaation. The Commissioner of Public Lands shall examine
and attest said plat and field notes of survey, and if found in-
correct or indefinite, he shall cause the same to be corrected or
may reject the same and cause a new survey to be made. (Laws
'97, p. 253, §49; amended Laws '07, p. 750, §4; B. C., §2179;
P. C., §8208.
FORMER LAWS: Laws '95, p. 557, §.70, 832.
Manner of sale compare: §§37 and 38 supra.
The provisions of $70, Laws 1895, p. 557, to the effect that tide lands not a
portion of or adjacent to the shore shall be sold to the first applicant, after sur-
vey made by him, subject to the same conditions and limitations as provided for
sale of tide lands of the second class, is limited to such lands as were not im-
proved and in use for commerce, trade or business on and prior to March 26,
1890: Oliver v. Dupee, 16 Wash. 634.
$78. Sold as Other Lands.
All tide and shore lands except as herein expressly provided
shall be sold upon the terms provided for the sale of school and
granted lands, and within twenty days after the expiration of
the sixty days limited in which to file applications for the pur-
chase of tide and shore lands the applicant shall pay to the Com-
missioner of Public Lands one-tenth of the purchase price
thereof, and thereupon the purchaser shall enter into a contract
with the state as provided for the sale of school, granted and
other lands of this act: Provided, That any accretions that may
be added to any tract or tracts of tide or shore lands heretofore
sold or that may hereafter be sold by the state shall belong to
the state, and shall not be sold or offered for sale until the said
accretions shall have been first surveyed and platted under the
direction of the Commissioner of Public Lands, and the adjacent
owner shall have the preference right to purchase said lands for
thrity days after the same shall be offered for sale: Provided
further, That where an appeal is taken the purchaser shall in all
cases have twenty days from the day on which the final judgment
-5
66
LAND LAWS OF WASHINGTON
of the superior court is certified to and filed with the Commis-
sioner of Public Lands in which to make said payment and enter
into said contract: And provided further, That in case different
persons make application to purchase a lot, tract or piece of tide
or shore land within sixty days and no appeal is taken from the
determination of the Commission as to which person has the first
right to purchase, then the findings of the Commission shall be
final and the successful applicant shall have thirty days from
the time when served with notice of such finding, which notice
shall be served by mailing a registered letter addressed to the
party at his address, which shall be stated in the application to
purchase. (Laws '97, p. 253, §51; Laws '99, p. 132, §1; B. C.,
§2181; P. C., §8210.)
FORMER LAWS: Laws '95, p. 561, §81.
Manner of sale compare: §§37 and 38 supra.
An owner of improvements on tide lands, although having lost the preference
right to purchase, is entitled to have the improvements appraised, as provided
in §§30 and 33, before the land is advertised for sale: Sullivan v. Callvert, 27
Wash. 600.
$79. Preference Right to Purchase Second Class Shore Lands.
That the owner or owners of any upland bordering upon shore
lands of the second class, shall have a preference right for the
period of time hereinafter named, to purchase from the State of
Washington such shore lands at the appraised value when the
same shall have been appraised as hereinafter provided, together
with the costs of sale and costs of application by whomsoever
made: Provided, however, That the provisions of this act shall
not apply to any shore lands set apart by legislative enactment,
for a public road or boulevard, or for any public improvement
(Laws '01, p. 366, §1; P. C., §8295.)
or use.
FORMER LAWS: Laws '95, p. 559, §73-80.
§80. Limit of Right.
That in cases where application to purchase any such land has
already been made and is still pending undisposed of, such up-
land owner's preference right shall be exercised within sixty
days from the taking effect of this act; and in all cases wherein
application may be hereafter made such upland owner shall have
LAND LAWS OF WASHINGTON
67
thirty days from the time of making such application, if made
by himself, or thirty days from the time of service upon him of
notice of such application if made by another. (Laws '01, p.
366, §2; P. C., §8296.)
§81. Sale of Shore Lands-Notice.
The Land Commission whenever they shall deem it for the best
interests of the state, may place any of said shore lands on the
market for sale, without application therefor being first made,
and in such case such upland owners or owner shall have notice
and preference right for a period of thirty days, as above set
forth. (Laws '01, p. 366, §3; P. C., §8297.)
§82. Reappraisement-Platting.
The Land Commission may have any part or all of the shore
lands of the state reappraised, in the event that they shall deem
the land to have been heretofore appraised of [at] more or less
than its true value. They may also cause any of such shore
lands to be platted, as is provided for the platting of shore lands
of the first class, and when so platted such lands shall be dis-
posed of as is provided by law for the sale and disposition of
shore lands of the first class, except that the notice and prefer-
ence right of purchase by the upland owner shall remain in force
as provided in this act. (Laws '01, p. 366, §4; P. C., §8298.)
§83. Notice to Holder of Preference Right.
Service upon the upland owner, as hereinbefore provided, shall
be made by the Commissioner of Public Lands or by some citizen
of the state by him appointed, by leaving with said upland owner
the required notice, or if the upland owner be a non-resident of
said state, by mailing to his last known postoffice address a copy
of the required notice. If he be a non-resident and his address
unknown to the Land Commissioner, notice to him shall not be
necessary or required. (Laws '01, p. 367, §5; P. C., §8299.)
§84. Lease of Tide and Shore Lands.
Tide and shore lands which have not been sold, and for which
applications to purchase have not been theretofore filed and are
J
68
LAND LAWS OF WASHINGTON
pending, may be leased in the same manner as provided for the
lease of school and granted lands: Provided, That when appli-
cation is made for the lease of tide or shore lands of the second
class, adjacent to upland, the same shall be leased per lineal chain
frontage, and the United States field notes of the meander line
shall accompany each application as required for the sale of such
lands: And provided further, When such lands are separated
from the upland by navigable waters each application shall be
accompanied by the plat and field notes of survey of such land
applied for as required when making application for the purchase
of such lands: And provided further, That tide lands may be
leased for a period not to exceed thirty years. (Laws '97, p.
253, §50; amended Laws '99, p. 139, §2; B. C., §2180; P. C.,
§8209.)
Leasing of school and granted lands: §47 et seq., supra.
Manner of lease: §§37 and 38, supra.
§85. Payment of Lessees for Improvements.
Should any present or future lessee of tide lands of the State
of Washington, or any owner or holder of such leases, fail to
exercise the preference right of purchase from the state, of the
tide lands covered by any lease within the time prescribed by
any existing law, or any law which may hereafter be enacted, then
and in that event, the Board of State Land Commissioners shall
appraise and determine the value of all improvements then exist-
ing upon such property, including the cost of filling and raising
said property above high tide, whether filled in or raised above
high tide, by such lessee or owner of such lease, or by virtue of
any contract made with the State of Washington, and also in-
cluding the then value to the land of all existing local improve-
ments, paid for by such lessee or owner of such lease. (Laws '05,
p. 353, §1; P. C., §8339h.)
Payment for improvements on school and granted lands: §32, supra.
$86. Bids-What to Include.
Should such tide lands be re-let or sold to any person, persons
or corporation other than such lessee or owner of such lease, the
bid of such subsequent lessee or purchaser shall not be accepted
LAND LAWS OF WASHINGTON
69
until the payment by such subsequent lessee or purchaser to the
owner of such former lease, the appraised and fixed value of such
improvements aforesaid, as determined by said Board of State
Land Commissioners, or as may be determined upon appeal, and
said board is authorized to compel by subpoena the attendance,
swear and examine witnesses to such values. (Laws '05, p. 354,
§2; P. C., §8339i.)
§87. Appeal From Appraisement.
Should the owner and holder of such lease be dissatisfied with
the appraised value of such improvements as fixed or determined
by said Board of State Land Commissioners, he or it may appeal
to the superior court of the county wherein said property is lo-
cated, within the time and according to the mode prescribed by
law relating to appeals, from the Board of State Land Commis-
sioners to the superior court. (Laws '05, p. 354, §3; P. C.,
§8339k.)
Appeals from board of state land commissioners: $147 et seq., post.
HARBOR AREAS.
§88. Lease of Harbor Areas.
The Board of State Land Commissioners shall have power to
lease the right to build and maintain wharves, docks, and other
structures upon the harbor areas laid out or which shall here-
after be laid out in pursuance of the provisions of Article XV of
the constitution of the State of Washington for such rental and
under such general rules as said Board shall prescribe, except in
so far as the same are or may be prescribed by law; but no such
lease shall be made for any term longer than thirty years. The
rental fixed and reserved to the State of Washington in each
such lease shall be such sum as said Board shall fix. Said Board
shall require of each such lessee a bond with sufficient surety, to
70
LAND LAWS OF WASHINGTON
be approved by the Commissioner of Public Lands, in such pen-
alty, and not exceeding twice the amount of the annual rental,
but in no case less than five hundred dollars, as may be prescribed
by the Board, conditioned for the payment by the lessee of the
rental reserved in his lease at or prior to the time of payment
therein specified, during the term of such lease or during such
part thereof as the Board in its discretion shall require to be
covered by such bond; and in case only a part of the term of
such lease shall be covered thereby, said Board shall require of
such lessee another like bond, to be executed and delivered within
three months and not less than one month prior to the expiration
of the period covered by the previous bond, covering the re-
mainder of the term of the lease, or such part thereof as the
Board in its discretion shall require to be covered thereby. The
Board shall have power at any time to summon sureties upon any
bond and to examine into the sufficiency thereof, and if it shall
find the same to be insufficient it shall require the lessee to file a
new and sufficient bond within thirty days after receiving notice
so to do, under penalty of cancellation of the lease; and the
Board shall have power to cancel any lease for a substantial
breach by the lessee of any of the conditions thereof, or for lack
of a bond therewith as herein required. The application for or
the making or acceptance of any lease herein authorized shall
not work any estoppel against either party thereto or against
those in priority with either party as to any right or claim which
might otherwise be made or contested. Any holder of any lease
made prior to and in full force on the 1st day of March, 1899,
who has theretofore fully complied with all the requirements of
law relative to such leases, but no other person, shall be entitled
upon making application therefor to said Board to have the
rental reserved by his lease adjusted in conformity with the pro-
vision of this section; but such adjustment shall not apply to
any rental previously paid or accrued. If the person, associa-
tion or corporation having the preference right to lease any part
of such harbor area has not exercised or shall not exercise such
right within such time and in such manner as may be prescribed
by said Board, in its rules and regulations, then said Board when-
LAND LAWS OF WASHINGTON
71
ever it shall deem it advisable that such part should be leased
shall give thirty days' notice by publication that a lease of such
part of such harbor area for such rental and under such general
rules within the limitations of this section as said Board shall
have prescribed will be sold, at a time and place to be specified
in said notices, to the person, association or corporation offering
at such public sale to pay to the state the highest sum as a cash
bonus for such lease; and upon the giving of such notices such
lease shall be sold and made and delivered, accordingly, the pay-
ment of the sum offered by the successful bidder being required
at the time of such sale. All the rentals derived from the leases
herein authorized shall be paid into the state treasury under such
regulations as said Board may prescribe, and shall constitute a
harbor fund to be used as the Legislature may direct. Notwith-
standing any such lease now or hereafter existing, the state shall
ever retain and does hereby reserve the right to regulate the
rates of wharfage, dockage or other tolls to be imposed by the
lessee or his assigns upon commerce for any of the purposes for
which the leased area may be used, and the right to prevent ex-
tortion and discrimination in such use thereof. (Laws '97, p.
255, §53; Laws '99, p. 225, §1; Laws '07, p. 755, §8; B. C.,
§2183; P. C., §8223.)
FORMER LAWS: Laws '93, p. 401, §29; Laws '95, p. 563, §84.
Manner of leasing, compare: §§37 and 38, supra.
Prohibition would not lie to restrain the board from discharging the adminis-
trative duties imposed upon them, in the leasing of harbor area : State ex rel.
White v. Board, 23 Wash. 700.
The erection of structures on harbor areas for the curing and canning of fish,
maintaining a retail and wholesale fish market and the storing of ice for packing
and handling of fish, are not conveniences of navigation and commerce within the
meaning of that term as used in article 15, §1, Const., and hence the leasing of
such areas for such purpose is not permissible : State ex rel. Denny v. Bridges,
19 Wash. 44.
•
By the act of March 18, 1901 (Laws 1901, p. 294), entitled "An act relating
to the leasing of the right to build and maintain wharves, docks, and other struc-
tures on harbor area, and declaring an emergency," it was provided "That any
owner under deed or contract of tide or shore land abutting on harbor area of
the State of Washington shall have until the first day of July, 1902, a preference
right to apply for, obtain and receive from the State of Washington a lease of the
right to build and maintain wharves, docks and other structures upon that por-
tion of the harbor area lying in front of said tide lands, said lease to contain the
provisions in such cases provided by law; and any and all leases heretofore issued
to any such owner or owners, are hereby validated, ratified and affirmed, provided
this act shall not affect vested or existing rights."
72
LAND LAWS OF WASHINGTON
Under this act it was held that where the owner of tide lands loses his prefer-
ence right to lease abutting harbor area by failing to apply in time, he can not
appeal from the order of the board granting such right to a third party, when he
was a stranger to the proceedings: McNaught etc. Co. v. Atlantic etc. Co., 36
Wash. 669.
Laws 1899, p. 225, §1, providing that "The lessee of any part of such harbor
area, may at his or its option improve the same in such manner, subject to the
approval of the board, and to such extent, as such lessee shall elect," was held
invalid because it vested the election to improve in the lessee, while the constitu-
tion vests the option in the state: State ex rel. Trimble v. Bridges, 22 Wash. 98.
§89. Preference Right to Lease.
In leasing harbor line areas the owner or lessee of the tide or
shore lands abutting the portion of the harbor line area sought
to be leased shall have a preference right to lease said areas
under the conditions prescribed in the next preceding section.
(Laws '97, p. 257, §54; B. C., §2184; P. C., §8224a.)
FORMER LAWS: Laws '95, p. 565, §85.
$90. Leasing of Harbor Areas for Booming Purposes.
That the Commissioner of Public Lands is hereby authorized
to lease any harbor areas and lands of the State of Washington,
to any persons or corporations, whether the same be reserved
from lease or sale by any existing acts or not, for booming pur-
poses; excepting lands and harbor areas within the limits of any
incorporated city or town and within two miles therefrom for a
period not exceeding five years: Providing, however, That no
lease shall be granted for any oyster reserve containing oysters
in merchantable quantities and further that the Commissioner of
Public Lands shall have power to prescribe rules and regulations
for the use of any lands so leased, and to declare a forfeiture for
any violation of such rules and regulations. (Laws '07, p. 575,
§1.)
$91. Power to Re-Locate Harbor Lines-Right to Purchase Abutting
Tide Lands.
Whenever it appears that the inner line of any harbor areas
heretofore located has been so established as to overlap or fall
inside of the government meander line, or for any other good
cause, said Commission is empowered to relocate and re-establish
said inner line so erroneously established and outside of said
LAND LAWS OF WASHINGTON
73
meander line, and said inner line so re-established and re-located
may be sold as other tide lands of like class in accordance with.
the provisions of this act. And any owner of upland having
improvements situated on the tide lands in front of and abut-
ting on said upland, not being tide lands of the first class, shall
have a preference right to purchase said tide lands at five dollars
(5) per lineal chain measured along the United States meander
line until July 1, 1897, whether applications have been filed or
contests exist therefor or not: Provided, That this act shall not
apply to tide lands sold or conveyed by contracts or patents al-
ready issued. (Laws '97, p. 257, §55; B. C., §2185; P. C.,
$8225.)
FORMER LAWS: Laws '95, p. 565, §87.
Section 57, of the act of 1897 (Laws '97, p. 258), held void: Tacoma Land
Co. v. Young, 18 Wash. 495.
§92. When Improvements Exempt From Taxation.
Where improvements have been made on tide lands or lands
under water in front of towns or cities, prior to the location of
harbor lines in such towns or cities, by the State Board of Har-
bor Line Commissioners, and the reserved harbor area as located
includes such improvements, no distraint or sale of such improve-
ments for taxes shall be had until six months after said lands
shall have been leased or offered for lease from or by such board,
as shall be authorized by law to execute leases of tracts embraced
within the reserved harbor area of the state: Provided, That
this act shall not apply to any tract or tracts that said board
shall decide not to lease or otherwise dispose of, and shall not
affect or impair the lien for taxes on said improvements. (Laws
'97, p. 260, §61; B. C., §2191; P. C., §8230.)
FORMER LAWS: Laws '89-'90, p. 252, §5; Laws '95, p. 569, §96.
74
LAND LAWS OF WASHINGTON
WATERWAYS.
§93. Waterways Across lide Lands.
There shall be established one or more public ways across all
of the tide flats that are situated within or in front of any in-
corporated city or town, or within two miles either way from any
incorporated city or town within the State of Washington.
(Laws '90, p. 731, §1; B. C., §4067; P. C., §8239.)
Streets across tide flats, §61 et seq., supra.
Laws of 1891, p. 405, relating to the improvement of harbors and waterways,
repealed: Tacoma Land Company v. Young, 18 Wash. 495.
§94. Width and Depth of Ways.
The public ways provided for in section one of this act shall
not be less than fifty nor more than one thousand feet wide, and
shall commence at the outer or deep water end, in not less than
twenty feet of water at low tide, and shall extend inland across
the state's tide lands. (Laws '90, p. 731, §2; B. C., §4068;
P. C., §8240.)
$95. Shall Include Navigable Streams.
The public ways above provided for shall be so located as to
include, as near as is practicable, within their bounds, all navi-
gable streams running through the tide flats in which they are
located, and at such other places as may be necessary for the
present or future convenience of commerce. (Laws '90, p. 731,
§3; B. C., §4069; P. C., §8241.)
$96. Plats of Ways.
A correct plat of all public ways so established shall be made,
one copy of which shall be filed with the Secretary of State, one
copy with the Commissioner of Public Lands of the state; one
copy shall be kept in the office of the chairman of the Board of
Harbor Line Commimssioners, and each county shall be fur-
nished with a correct plat of all such public ways established
within its borders, and such plats shall be filed as city or town
plats are filed and become a part of the county records. (Laws
LAND LAWS OF WASHINGTON
75
'90, p. 731, §4; amended Laws '93, p. 26, §1; B. C., §4070;
P. C., §8242.)
§97. Reserved From Sale or Lease.
All the public ways that may be established under the provis-
ions of this act are, and shall forever be, reserved from sale or
lease as public ways for water crafts. (Laws '90, p. 732, §5;
B. C., §4071; P. C., §8243.)
$98. Terms Defined.
Where the words "tide flats or tide lands" are used in this act,
they shall be construed to mean all lands over which the tide
ebbs and flows, and which is bare at low tide; and where the
words ordinary water crafts are used, they shall be construed
to mean boats, barges and other water crafts drawing two and
one-half feet and over of water. (Laws '90, p. 732, §6; B. C.,
$4072; P. C., §8243.)
§99. Power of Harbor Line Commissioners.
The Board of Harbor Line Commissioners are hereby author-
ized and instructed to carry out the provisions of this act, and
they shall begin operations as soon as practicable after the pas-
sage and approval of this act; and they are hereby authorized
to employ such assistance and procure such material as may be
necessary to carry out the full intent and purpose of this act,
and the compensation for the same shall be such reasonable
amount as said Commissioners may deem advisable. (Laws '90,
p. 732, §7; B. C., §4073; P. C., §8245.)
$100. Expenses.
All bills incurred in carrying out the provisions of this act
shall be audited and paid in the same manner as is provided in
the act creating the Harbor Line Commissioners, for the pay-
ment of bills incurred by them. (Laws '90, p. 732, §8; B. C.,
§4074; P. C., §8246.)
$101. Contracts for Filling Tide Lands.
The Commissioner of Public Lands of the State of Washing-
ton may, when in his judgment the interests of commerce would
be subserved thereby, enter into contract with any person or
76
LAND LAWS OF WASHINGTON
persons, or incorporated companies doing business in the State
of Washington, for the excavation of any waterway or water-
ways through any lands belonging to the State of Washington,
or to any citizen or corporation of said state, and for the filling
in and raising above high tide of any tide or shore lands belong-
ing to the State of Washington, and upon the completion of such
contract such person or persons or incorporated company shall
become entitled to and shall have a lien, as in this act provided,
upon all tide and shore lands belonging to the State of Washing-
ton, adjacent to such waterway, and remaining unsold at the date
of the approval of this act, that they may fill in and raise above
high tide, and all purchasers of said tide and shore lands from
the State of Washington shall take the same subject to said lien :
Provided, however, That such contract shall not become binding
or operative until approved by the Governor, nor until such per-
son or persons or incorporated company shall have filed with the
Commissioner of Public Lands, a bond in the penal sum of not
less than twenty-five hundred, nor more than twenty-five thousand
dollars, as in the judgment of said Commissioner of Public Lands
shall be considered necessary in a particular case, with sureties.
to be approved by said Commissioner of Public Lands, said bond
to be conditioned for the faithful performance of said contract:
Provided further, That no lands shall be affected thereby except
lands within or in front of incorporated cities or towns, or within
one mile thereof on either side, or lands between any inner and
outer harbor lines established by proper authority. (Laws '93,
p. 241, §1; B. C., $4080; P. C., §8247.)
The commissioner may enter into a new contract:
Wash. 640.
Schlopp v. Forrest, 11
This act (§§ 101 to 110, inclusive), held constitutional : Seattle & Lake Wash-
ington etc. Co. v. Seattle Dock Co., 35 Wash. 503; affirmed 195 U. S. 624.
It is not contemplated that the state shall retain title to the tide lands
until the completion of the contract of filling the same, but the state retains the
power of disposition of all such lands, and there is reserved to the contractor
merely a lien upon the lands still under his contract: Hayes v. Hill, 23 Wash.
730.
§102. Notice of Application for Contract.
An person or persons, or any corporation, doing business in
this state may give notice in writing to the Commissioner of
LAND LAWS OF WASHINGTON
mry
Public Lands of his or their intentions to comply with the pro-
visions of this act at any given locality or localities, describing.
the same in general terms, and thereafter they shall have ninety
days after the completion of the publication hereinafter men-
tioned within which to prepare the maps, specifications and con-
tracts herein provided for. And the giving of said notice shall
place the lands described therein subject to the operation of this
act until the making and signing of the contracts herein provided
for, and the making and signing of said contract shall make the
lands described therein subject to the operating of this act pend-
ing its execution, and all persons or corporations purchasing said
lands from the state in the meantime shall take the same subject
to the ultimate lien upon the same, provided for herein: Pro-
vided, however, That this section shall not be so construed as to
require the Commissioner of Public Lands to enter into any con-
tract whatever, or the Governor to approve any contract what-
ever; and said Commissioner of Public Lands shall have the right
to refuse to make any contract, and the Governor shall have the
right to refuse to approve any such contract which in their judg-
ment or in the judgment of either of them would be detrimental
to the interests of the state: And provided further, That the Com-
missioner of Public Lands shall publish for thirty days, at the ex-
pense of the applicant, in some newspaper of general circulation,
in the county where said lands are situated, notice of the pend-
ency of such application, and request all interested parties to
appear before him at the time and place mentioned in said notice
and state their objections; and no contract shall be entered into
by the Commissioner of Public Lands for the improvement of
any such waterway or waterways until after the date fixed in
said notice at which interested parties may appear and be heard.
(Laws '93, p. 244, §5; B. C., §4084; P. C., §8251.)
§103. Terms of Contracts.
Said contract with the Commissioner of Public Lands shall
specify the waterway or waterways proposed to be excavated,
and the lands to be affected thereby, and shall be accompanied by
78
LAND LAWS OF WASHINGTON
a map of the locality or localities showing said waterway or wa-
terways, and their relation to the harbor lines and reservations in
front of the cities or towns where the same are located, and shall
show the tide and shore lands to be filled in and raised, above high
tide, properly designated and subdivided as nearly in accordance
with the existing subdivisions of abutting uplands as the proper
location of said waterway or waterways will permit, and shall
specify and exhibit the waterway or waterways proposed to be
excavated as to their depth and width and extent: Provided, That
when harbor lines and waterways have been established by the
Harbor Line Commission of the state, no other waterways shall
be excavated except the waterways exhibited on the final maps of
said Harbor Line Commission, except with the consent and ap-
proval of such Harbor Line Commission; and where no harbor
lines and waterways have been so established then the plan men-
tioned in said contract must, before being adopted by said Com-
missioner, be submitted to and approved by the Harbor Line
Commimssion: And provided further, That if no Harbor Line
Commission be in existence, then the Commissioner of Public
Lands shall establish waterways which may be excavated as herein
provided. Laws '93, p. 242, §2; B. C., §4081; P. C., §8248.)
Laws 1893, p. 241 (Bal. Code, §§4080-4089), which provides for the letting of
contracts by the state for the construction of waterways and the filling in of
tide lands, and authorizes the Commissioner of Public Lands, upon the completion
of any portion of the work capable of separate use for the purpose of navigation,
to issue certificates of cost which shall be a lien upon the filled lands, when re-
corded in the county auditor's office, vests discretion in the Land Commissioner to
determine what shall constitute the separate use for navigation, and does not re-
quire a provision in the contract itself regulating what should constitute a par-
tial completion of the waterway capable of such separate use: Mississippi Valley
Trust Co. v. Hofius, 20 Wash. 272.
The improvement by the state of its own tide lands by the construction of
waterways and filling the lands so as to raise them above high tide, although
lying within the corporate limits of a city, is not a violation of Art. 7, §9, of the
constitution conferring upon municipalities the power to make local improvements
by special assessment of the property benefited: Mississippi Valley Trust Co. v.
Hofius, 20 Wash. 272.
A person holding a contract to excavate cannot enjoin others from excavating
without alleging they are trespassers or proceeding without authority from the
state: Hayes v. Hill, 23 Wash. 730.
The contract is governed by the provisions of this act: Schlopp v. Forrest,
11 Wash. 640.
The contract may affect lands not owned by the state: Schlopp v. Forrest,
11 Wash. 640.
LAND LAWS OF WASHINGTON
79
..
§104. Time in Which Work Is to Be Done.
Said contract shall specify the time of beginning work on
said waterway or waterways, and the time when such work shall
be completed: Provided, That the time set for the beginning of
said work shall be within six months of the signing of said con-
tract, and the time set for the completion of said work shall be a
reasonable time, to be determined in each case by the Commis-
sioner of Public Lands, according to the difficulties to be en-
countered: And provided further, That said Commissioner of
Public Lands, upon showing of due diligence on the part of the
contracting parties may grant an extension of the time for the
beginning or completion of said work. (Laws '93, p. 242, §3;
B. C., §4082; P. C., §8249.)
$105. Commissioner's Certificate-Lien.
Upon the completion of the work, provided for by said con-
tract, or any part thereof, capable of separate use for the pur-
poses of navigation, according to the terms and conditions of
said contract, and within the time provided therein, or such fur-
ther extension of time as may have been granted by virtue of the
preceding section, the Commissioner of Public Lands shall issue
his certificate to the contracting parties, or their assigns, show-
ing the actual cost of the filling in and raising above high tide
of all tide and shore lands so filled in and raised above high tide
by such completion of said work, or such separate portion there-
of, and specifying and describing, with reasonable certainty, the
lands so filled in and raised above high tide. Upon the filing in
the office of the county auditor of the county or counties in which
such lands are situated, of such certificate of the Commissioner
of Public Lands, said contracting parties shall acquire a lien,
and the same shall thereupon attach, for the amount specified in
such certificate, with fifteen per cent additional thereon, and with
interest on such amount and additional percentage from the date
of such certificate at the rate of eight per cent per annum until
payment: Provided, however, That such lien shall not be op-
erative for an amount exceeding the cost of the work as stated
in the contract, or, as the case may be, such portion of said
:
80
LAND LAWS OF WASHINGTON.
stated cost as shall be proportionate to the part of the work
with reference to which the certificate has issued, upon the bonds
specified in such certificate. Such lien shall not be in solido, and
upon the sale by the state to any person, or by any owner claim-
ing under the state to any other person, of any of the tide and
shore lands specified in such certificate, the lien herein granted
may be discharged, as hereinbelow provided, as to any such part
of said lands separately granted or owned, upon the payment of
such part of the amount for which the lien upon the lands was
given in the first instance as shall bear the same proportion
to said whole amount which the area of such separate part of
such lands bears to the area of the whole thereof. The amount
due on such lien, or any proportionate part thereof separately
payable as above provided, shall be payable by any owner of
said lands, or any part thereof separately owned, as the case may
be, other than the state, in ten equal annual installments, the first
installment at the end of the first year after the sale of such
lands, or of such separate portion thereof, by the state; and the
remaining installments, one at the end of each year thereafter,
with accompanying interest on each of such installments, as
hereinbefore provided, to the time of the payment thereof, and
such lien may be foreclosed in the manner provided by law for
the foreclosure of other liens on real estate for non-payment of
the whole amount due, or of any separate installment or install-
ments thereof which shall have become due. If such lands speci-
fied in any such certificate shall not be sold by the state, within
one year after the date of such certificate, the parties in whose
favor such certificate was issued, or their assigns, shall have the
option during the next succeeding six months to purchase such
lands, or any part thereof, from the state in the manner pro-
vided by then existing laws for the sale of tide lands of the state.
This act shall not be so construed as to create any obligation on
the part of the state to pay or discharge any lien which may at-
tach to such lands by virtue of the provisions thereof. (Laws '93,
p. 242, §4; B. C., §4083; P. C., §8250.)
The certificate of the commissioner is conclusive in the absence of fraud:
Seattle, Lake Washington etc. Co. v. Seattle Dock Co., 35 Wash. 503.
LAND LAWS OF WASHINGTON
81
A purchaser of state lands, subject to a lien authorized by the state expressly
provided for in the contract of purchase, cannot question the validity of the lien.
Mississippi Valley Trust Co. v. Hofius, 20 Wash. 272.
Under Laws 1893, p. 243, §4 (Bal. Code, $4083), providing that the lien in
favor of the contractor excavating waterways and filling tide lands, should be
payable by private owners of the land, in ten equal annual installments, dating
from sale of the lands by the state, payable at the end of each year, "with ac-
companying interest on each of such installments," and under the construction
placed on such statute by the Land Commissioner that the gross interest due at
the maturity of an annual installment is payable with the installment, which con-
struction was included in the certificates issued by the commissioner and thereby
incorporated in the contract of purchase of such lands, a purchaser is éstopped to
deny the obligations to pay the gross amount of interest due at the time of paying
each annual installment of purchase price: Mississippi Valley Trust Co. v.
Hofius, 20 Wash. 272.
The act of March 9, 1893 (Laws 1893, p. 241), providing for the construction
of waterways by private contract and granting liens upon the state's tide lands,
authorizes such liens to be foreclosed in the manner provided by law for the fore-
closure of other liens on real estate, and consequently permits the right of re-
demption from such sales in the same way as prevailed under the existing statutes
governing the sale and redemption of mortgaged realty: Mississippi Valley Trust
Co. v. Hofius, 20 Wash. 272.
Where the time for the payment of interest is fixed by contract or statute at
a certain date, an installment of interest due at that date becomes an obligation
distinct from that of the principal indebtedness, and, for failure to pay such in-
terest, the law allows legal interest thereon as damages: Mississipi Valley Trust
Co. v. Hofius, 20 Wash. 272.
The contract entered into becomes a lien when any part of the work suitable
for the purpose of commerce has been completed or performed: Schlopp v. For-
rest, 11 Wash. 640.
$106. Rights-of-Way.
A right-of-way is hereby granted for any waterway or water-
ways herein provided for through any lands belonging to the
State of Washington of sufficient width to accommodate said
waterway or waterways; the width and definite location of such
right-of-way, however, shall be plainly and completely specified
in the contract herein provided for. (Laws '93, p. 245, §6;
B. C., $4085; P. C., §8252.)
§107. Bulkheads and Depths of Waterways.
All contracts provided for herein shall specify the character
of all bulkheads and other restraining works and be accompanied
by drawings and specifications of the same, and the Commis-
sioner of Public Lands shall be the judge of the sufficiency there-
of, and of the minimum depth to which any waterway shall be ex-
cavated, in order to make the same useful for the purposes of
-6
82
LAND LAWS OF WASHINGTON
+
commerce and navigation. (Laws '93, p. 245, §7; B. C., §4086;
P. C., §8253.)
§108. Expenses Chargeable as Cost of Filling.
In ascertaining the cost of filling in and raising above high
tide of any tide or shore lands, the cost of all bulkheads, and
other restraining works, and the cost of filling in and raising
above high tide of all streets, alleys and public squares or places,
shall be apportioned to the lands benefited thereby, in addition to
the cost of filling in such lands. (Laws '93, p. 245, §8; B. C.,
$4087; P. C., §8254.)
$109. Ways and Locks-When Free.
All waterways excavated through any tide or shore lands be-
longing to the State of Washington by virtue of the provisions
of this act, so far as they run through said tide or shore lands,
are hereby declared to be public waterways, free to all citizens
upon equal terms, and subject to the jurisdiction of the proper
authorities, as provided by law: Provided, That where tide gates
or locks are considered, by the contracting parties excavating any
waterways, to be necessary to the efficiency of the same, the Com-
missioner of Public Lands may, in his discretion, authorize such
tide gates or locks to be constructed and may authorize the par-
ties constructing the same to operate them and collect a reason-
able toll from vessels passing through said tide gates or locks:
Provided further, That the State of Washington or the United
States of America can, at any time, appropriate said tide gates
or locks upon payment to the parties erecting them, of the reason-
able value of the same at the date of such appropriation, said rea-
sonable value to be ascertained and determined as in other cases
of condemnation of private property for public use. (Laws '93,
p. 246, §9; B. C., §4088; P. C., §8255.)
§110. Appraisement of Tide Lands to Be Filled.
If the Commissioner of Public Lands shall determine to let any
contract for the excavation of a waterway, as hereinbefore pro-
vided, the tide land appraisers appointed in the county in which
LAND LAWS OF WASHINGTON
83
said tide lands lie, shall forthwith appraise the tide lands which
it is proposed to fill in by the excavation of such waterway, at
their actual value at the time of letting such contract, and the
said lands so appraised shall never be disposed of by the state for
less than such appraised value. (Laws '93, p. 246, §10; B. C.,
§4089; P. C., §8256.)
Immediate appraisement is not mandatory, and the contractor is not entitled
to a writ of mandamus requiring such appraisement to be made, where the lands
had already been sold by the state prior to the completion of the contract: Hays
v. Callvert, 36 Wash. 138.
GIFTS AND ESCHEATS.
§111. Acceptance and Management.
The said Board of State Land Commissioners is hereby em-
powered to accept, in the name of the State of Washington, by
deed of sale or gift, or by operation of law, any or all lands of
whatsoever nature, and said lands shall be inspected, appraised,
managed, leased or sold in the same manner as is prescribed herein
for granted lands, and the proceeds of the lease or sale of all
such lands shall be converted into the general school fund in the
manner prescribed by law, or shall be applied to such specific
purpose as may be prescribed by any grantor or testator. This
section shall apply especially to all lands that are or may be
escheated to the state. (Laws '97, p. 258, §58; B. C., §2188;
P. C., §8227.)
FORMER LAWS: Laws '95, p. 567, §92.
Where a party dies without heirs the property descends to the territory with-
out administration: Territory v. Klee, 1 Wash. 183; see also, Pacific Bank v.
Hanna, 90 Fed. on p. 79..
§112. Lists of Escheated Lands.
Upon the settlement of any escheated estate, and before the
discharge of the administrator, officer or person in charge
thereof, all moneys in his hands shall be paid to the State Tres-
urer who shall issue his receipt therefor in duplicate, one of
84
LAND LAWS OF WASHINGTON
which shall be filed with the State Board of Tax Commissioners,
and he shall prepare a duplicate list accurately describing all
real property so escheated, one of which shall be filed with the
said State Board of Tax Commissioners and one in the office of
the Commissioner of Public Lands. (Laws '07, p. 254, §5.)
§112a. Disposition of Escheats.
All escheats shall inure to and become a part of the permanent
common school fund of the state, and all escheated real property
shall be managed, sold and handled in the manner provided by
law for the management, disposition and sale of the state com-
mon school lands. (Laws '07, p. 255, §7.).
§113. Defined.
TRESPASS ON STATE LANDS.
If any person shall cut down, destroy, injure, or cause to be
cut down, destroyed or injured, any timber standing, growing
or felled upon any of the lands of the State of Washington be-
fore deed shall have been issued by the state therefor as provided
by law, or shall take or remove, or cause to be taken or removed
from any such lands, any timber, wood, clay, sand or other ma-
terial or substance thereon, or shall dig, quarry, take or remove
any mineral (except by contract with the state), earth or stone
from such lands, or shall cause to be dug, quarried, taken or
removed any mineral (except by contract with the state), earth
or stone from such lands, or shall otherwise injure, deface or dam-
age, or shall cause to be injured, defaced or damaged any such
lands, he shall be deemed guilty of a misdemeanor. (Laws '99,
p. 47, §1; P. C., §1649.)
FORMER LAWS: Laws '95, p. 549, §51.
Trespass on public lands generally; destruction or removal of documents,
monuments or instruments: Laws '99, p. 186.
LAND LAWS OF WASHINGTON
85
$114. Timber for Domestic Use, etc.
That nothing in this act shall be so construed as to prevent
any person who shall lease said lands or hold the same under
contract with the state for the purchase thereof, and occupy the
same for the purpose of a home, from cutting such timber as
may be necessary for domestic use or to clear land for actual
cultivation: Provided, That such lessee or contractor may sell
such timber so cut in good faith for the purpose of clearing
such land for cultivation: Provided further, however, That be-
fore any timber may be sold by any such lessee or contractor he
must first obtain the written consent of the Commissioner of Pub-
lic Lands of the State of Washington to such sale; otherwise
such lessee or contractor shall not have the benefit of the pro-
visions of this section. (Laws '99, p. 48, §2; P. C., §1650.)
FORMER LAWS: Laws '95, p. 549, §51.
§115. Penalty.
Any person or persons violating the provisions of this act shall
be guilty of a misdemeanor, and upon conviction thereof, be
punished by a fine of not less than twenty-five dollars nor more
than one thousand dollars, or by imprisonment in the county jail
of the county in which such conviction was had, for a time not
less than one month and not more than one year, or by both fine
and imprisonment. (Laws '99, p. 48, §3; P. C., §1651.)
See $38.
FORMER LAWS: Laws '95, p. 549, §51.
§116. Board's Action in Trespass Cases.
That said Board of Land Commissioners be and is hereby di-
rected and empowered to investigate all trespasses on and dam-
age to state lands, and prosecute the same under the law; that
said Board shall also appear before the United States land offices
in all cases involving the validity of the selections of any of the
state's granted or school lands, and shall be authorized and em-
powered to summon witnesses and pay necessary witness fees and
clerical hire in such contested cases. (Laws '97, p. 261, §64;
B. C., §2195; P. C., §8233.)
FORMER Laws: Laws '95, p. 569, §99.
86
LAND LAWS OF WASHINGTON
§117. Treble Damages for Timber.
Any person, firm, corporation or association cutting or re-
moying, or causing to be cut or removed, any timber growing
or being upon any state, school or granted lands, or manufactur-
ing the same into logs, bolts, shingles, lumber or other articles
for domestic use or commerce, shall be liable to the State of
Washington in treble the value of the timber or other articles
so cut or removed, to be recovered in a civil action; and, more-
over, shall forfeit all interest in and to the article into which said
timber is manufactured. (Laws '97, p. 261, §66; B. C., §2197;
P. C., §8235.)
FORMER LAWS: Laws '95, p. 570, §101.
VACATION OF PLATS.
§118. Vacation Authorized-Re-Plat.
When in the judgment of the State Board of Land Commis-
sioners the best interest of the state will be thereby promoted,
the said Board is hereby authorized and empowered to vacate
any plat or plats covering school and granted lands and vacate
any streets, alleys and other public places therein situated. Any
such lands within the limits of any incorporated city or town or
within two miles of the boundary of any incorporated city where
the valuation of such land shall be found by appraisement to
exceed $100.00 per acre shall be replatted by said Board into lots
and blocks of not more than five acres in a block and disposed
of in the manner provided in section 11, chapter LXXXIX,
Session Laws of 1897: Provided, That the vacation of any such
plat shall not affect the vested rights of any person or persons
heretofore acquired therein. (Laws '03, p. 238, §1; P. C.,
§8339a.)
Platting of lands: $30, supra.
LAND LAWS OF WASHINGTON
87
§119. Entry of Order.
That said Board in the exercise of the power and authority
herein conferred shall cause the order made by said Board to
vacate any plat or plats to be entered in the minutes of said
Board, and at once forward a certified copy thereof to the
county auditor of the county wherein said platted lands are lo-
cated, and said auditor upon the receipt thereof shall cause the
same to be recorded in the miscellaneous deed records of his said
county. (Laws '03, p. 239, §2; P. C., §8339b.)
§120. Petition.
Whenever all the owners and other persons who have a vested
interest in the lands abutting on any street, alley or other public
place, or any portion thereof, in any of the state granted, tide
or shore lands lying outside of the limits of any incorporated
city or town, which have been platted, or which hereafter shall
be platted, shall petition the Board of State Land Commissioners,
by filing a petition therefor with the Commissioner of Public
Lands, the Board of State Land Commissioners is authorized and
empowered to vacate any such street, alley or public place, or
part thereof, and all such streets, alleys and other public places
and portions thereof which shall be so vacated shall be platted
and appraised in the manner provided for the platting and ap-
praising of similar lands: Provided, That where the area of
such streets, alleys or other public places so vacated may be de-
termined from the plat already filed as provided by law it shall
not be necessary to survey said street, alley or other public place
so vacated, but the area thereof may be determined from such
plat already filed. (Laws '03, p. 239, §3; P. C., §8339c.)
§121. Plats to Be in Duplicate-Filing.
:
All plats provided for in this act shall be in duplicate, and
within thirty days after the adoption of any such plat by the
Board of State Land Commissioners, one copy thereof shall be
filed in the office of the Commissioner of Public Lands, and one
copy thereof shall be filed in the office of the auditor of the
county in which such land shall be situated, and the same shall
88
LAND LAWS OF WASHINGTON
be entered of record, notwithstanding the said maps or plats
may not strictly conform to the city ordinances pertaining to
the platting of lands adjoining said incorporated city or town.
(Laws '03, p. 239, §4; P. C., §8339d.)
§122. Sale-Preference Rights.
From and after the filing of such plats, as hereinbefore pro-
vided, the lots, blocks, and other parcels into which such streets,
alleys, or other public places, or parts thereof so vacated shall be
so platted may be disposed of as provided by law in the case of
similar lands: Provided, That the owner or owners and other
persons who have a vested interest in the lands abutting on any
of said lots, blocks or other parcels shall have a preference right
for the period of sixty days from the final date of the filing of
such plats and of the appraising of such lots, blocks or other
parcels to purchase such lot, block or other parcel from the State
of Washington at the appraised value thereof. (Laws '03, p.
239, §5; P. C., §8339e.)
RIGHTS-OF-WAY AND OTHER GRANTS.
$123. Logging Rights-of-Way.
That any person, corporation or association engaged in the
business of logging shall have a right-of-way over public lands
when necessary, for the purpose of hauling or removing timber
from other lands, but permission shall be first obtained in writ-
ing from the Board of State Land Commissioners: Provided,
That all timber on said right-of-way shall be appraised, and be-
fore permission is granted, shall be paid for in cash by the per-
son, corporation or association desiring the right-of-way. (Laws
'97, p. 246, §34; B. C., §2164; P. C., §8194.)
FORMER LAWS: Laws '89-'90, p. 448, §22; Laws '93, p. 401, §26; Laws '95,
p. 547, §45.
LAND LAWS OF WASHINGTON
89
$124. Public Road Rights-of-Way.
Rights-of-way may be granted by the Board of State Land
Commissioners over public lands to any county or city desiring
to construct a public road across the same: Provided, That a
duly attested and sworn copy of the official plat, made by the
official county or city surveyor or engineer, shall first be filed
with the Board, together with a petition from the county or city
officials setting forth the reason for the same, and the aforesaid
plat, when approved by said Board of Appraisers, shall be and
form the official plat of said road, and the said plat shall show
the amount of land taken up by the proposed road, and shall
show the remainder of land in each portion of each legal sub-
division bisected by said proposed road, and said plat shall be
retained in the office of the Commissioner of Public Lands: Pro-
vided further, That all timber on said right-of-way shall be ap-
praised and paid for in cash by the said county or city. (Laws
'97, p. 246, §35; B. C., §2165; P. C., §8195.)
FORMER LAWS: Laws '95, p. 547, §46.
The maintenance of a public road over a school section for more than seven
years establishes a valid subsisting highway: Pcterson v. Baker, 39 Wash. 275.
$125. Right of Counties to Build Wharves and Landings.
The board of county commissioners of each county in this
state is hereby authorized to build and maintain, when in their
judgment the convenience of the public so requires, wharves and
landings on the shores of any navigable waters or water courses
within or bordering upon "their respective counties and not in-
cluded within the limits of tide or shore lands of the first class."
Said wharves or landings to begin at the point of termination of
a county road at or near the shore of such navigable waters or
water courses, and to extend so far into said waters or water
courses as the convenience of shipping may require. (Laws '03,
p. 20, §1.)
§126. State Board Authorized to Grant Easement.
In cases where the board of county commissioners shall de-
termine to build, construct and maintain wharves or landings as
aforesaid over and across tide lands of the second class owned by
90
LAND LAWS OF WASHINGTON
the State of Washington, the Board of State Land Commissioners
are hereby authorized to grant an easement to the county for so
much of said tide land as may be necessary for right-of-way
purposes: Provided, That a duly attested and sworn copy of
the plat made by the county surveyor shall first be filed with the
with the Board of State Land Commissioners, together with a
petition of the board of county commissioners setting forth the
reasons for the same; and the aforesaid plat, when approved by
the Board of State Land Commissioners, shall be and form the
official plat of said right-of-way and shall be filed in the office of
the Commissioner of Public Lands, and the said plat shall show
the amount of land embraced in the proposed right-of-way and
the location of the same relative to at least two of the corners of
the public land survey. (Laws '03, p. 20, §2.)
§127. Irrigation Ditches-Rights-of-Way Granted.
A right-of-way through, over and across the public lands of
the State of Washington is hereby granted to any irrigation
district, or irrigation company, duly organized under the laws
of this state, and to any association or individual, constructing
or proposing to construct an irrigation ditch or pipe line for
irrigation. (Laws '07, p. 353, §1.)
§128. Benefits of Grant-How Obtained.
In order to obtain the benefits of this grant, the irrigation
district, irrigation company, association or individual construct-
ing or proposing to construct such irrigation ditch or pipe line
for irrigation shall file wth the Board of State Land Commis-
sioners a map accampanied by the field notes of the survey and
locations of the proposed irrigation ditch, and shall pay to the
state as hereinafter provided the amount of the appraised value
of the said lands used for or included within said right-of-way.
The land within said right-of-way shall be limited to an amount
necessary for the construction of a ditch sufficient for the pur-
pose required, together with sufficient land on either side thereof
for ingress and egress to maintain and repair the same. (Laws
'07, p. 353, §2.)
LAND LAWS OF WASHINGTON
91
$129. Appraisement.
Upon the filing of the plat and field notes as herein provided,
said Board of State Land Commissioners are hereby authorized
and directed to ascertain the value of the land to be used for or
included within said right-of-way, which price shall be the full
market value thereof, but not to be less than ten dollars per
acre. (Laws '07, p. 353, §3.)
§130. Lands Subject to Easement.
Upon full payment of the value of such easement ascertained
as aforesaid, any future grant or lease by the state of the lands
affected by such right-of-way shall be subject to the easement
obtained under the provisions of this act. (Laws '07, p. 353,
§4.)
§131. Construction of Act.
Nothing contained in this act* shall be deemed to in any way
conflict with any existing law of this state relating to the method
of acquiring rights-of-way for irrigation ditches. (Laws '07,
p. 354, §5.)
§132. Railroad Rights-of-Way.
That a right-of-way through, over and across the public lands
of the State of Washington, except tide lands, harbor areas and
shore lands, is hereby granted to any railroad company duly
organized under the laws of any state or by the Congress of the
United States to any extent not exceeding fifty feet on each side
of the center line of said railroad now constructed or hereafter
to be constructed unless a greater width is required for excava-
tions, embankments, depot, station grounds, passing tracks or
barrow pits, which extra width shall not in any case exceed two
hundred feet on either side of said center way: Provided, That
this act shall not apply to any lands acquired or used by any of
the public institutions of this state. In order to obtain the bene-
fits of this grant as to any railroad hereafter to be constructed,
the company constructing or proposing to construct such road
*88127 to 131.
92
LAND LAWS OF WASHINGTON
shall file with the Board of State Land Commissioners a copy of
its articles of incorporation, due proofs of organization there-
under, a map or maps accompanied by the field notes of the sur-
vey and location of the line of said railroad, and shall pay to
the state as hereinafter provided the amount of the appraised
value of said lands affected by, used for or included within said
right of way and extra widths if any are required. In order to
obtain the benefits of this grant as to any railroad now con-
structed, the company owning such road shall file with the Board
of State Land Commissioners a list of the lands affected by,
used or included within such right-of-way, and shall pay to the
state as hereinafter provided the amount of the appraised value
of said lands affected by, used for or included within said right-
of-way and extra widths. (Laws '01, p. 353, §1; amended Laws
'07, p. 201, §1; P. C., §5114.)
$133. Classification and Appraisal.
That all lands of this state over which a right-of-way of any
railroad company may now or hereafter be located shall be classi-
fied and appraised as hereinafter provided, and the State Board
of Land Commissioners shall constitute and serve as the Board
of Appraisers mentioned in section 2 of article XVI of the
consitution of this state. (Laws '01, p. 353, §2; P. C., §5115.)
$134. Price Per Acre-How Fixed.
That upon the filing of said list or maps by said company as
hercin provided, said Board of State Land Commissioners are
hereby authorized and directed to ascertain and classify the
lands affected by, to be used for and included within the afore-
said right-of-way, and shall thereupon fix the price per acre for
each lot or block, quarter section and subdivision thereof, less the
improvements, if any, so affected by, used for and included
within said right-of-way, which price shall be the full market
value thereof but not to be less than ten dollars per acre. (Laws
'01, p. 354, §3; P. C., §5116.)
$135. Improvements to Be Appraised Separately.
That should any improvements made as of right and with
license from the State of Washington be upon any of such lands
LAND LAWS OF WASHINGTON
93
at the time of said appraisement, the State Board shall separ-
ately appraise the same together with the damage and waste done
to said lands by the use and occupancy of the same or to adjacent
lands and after deducting from the amount of the appraisement
for improvements the amount of such damage and waste the bal-
ance shall be determined and regarded as the value of said im-
provements, and the railroad company if not the owner of such
improvements shall deposit with the State Treasurer through the
Commissioner of Public Lands the value of the same as [shown]
by said appraisement within thirty days next following the date
thereof. That where said right-of-way affects the improvements
of any person other than [the person] owning said improve-
ments or entitled thereto under existing law the applicant for
said right-of-way shall file with the Commissioner of Public
1.ands a valid release of damages duly executed by such person
or persons, or a certified copy of a judgment of a court of com-
petent jurisdiction showing that the damages resulting to such
person or persons, ascertained in acordance [accordance] with
existing law, has been made or paid into the registry of such
court. (Laws '01, p. 354, §4; P. C., §5117.)
§136. Record of Appraisement.
•
When said appraisement is made it shall be recorded in the
proceedings of said Board of State Land Commissioners and the
evidence or report upon which the same is based shall be pre-
served of record in the office of the Board of State Land Com-
missioners and the Commissioner of Public Lands shall prepare
a certificate of said appraisement in duplicate, one of which he
shall file in his office and the other transmit to the auditor of the
county in which the lands affected by said rights-of-way are
located; and shall send a notice to the railroad company avail-
ing itself of the provisions of this act that such appraisement
has been made. The board of county commissioners of any
county where the said right-of-way is situate shall be forthwith
served with notice of appraisement. A copy of said appraise-
ment shall be forthwith filed with the board of county commis-
94
LAND LAWS OF WASHINGTON
sioners of any county in which the land is situated. (Laws '01,
p. 355, §5; P. C., §5118.)
§137. Appeal.
Within thirty days after the appraisement of said lands, as
aforesaid, the board of county commissioners of any county in
which the right-of-way is situate, or any person, company or
corporation may appeal from the same to the superior court
of the county in which the right-of-way affected by the appeal
is situate; but if the applicant is the party appealing, he or it
must deposit the amount of the appraisement in the registry of
the court to which the appeal is taken. All appeals shall be
heard and determined by the court de novo. The taking of an
appeal shall not prevent the use of the land affected thereby for
right-of-way purposes during the prosecution of the appeal.
All costs on appeal shall be paid by the applicant. (Laws '01,
p. 355, §6; P. C., §5119.)
post.
Appeals from board of state land commissioners, generally: §§147 et seq.,
§138. Lands Subject to Easement.
That upon full payment of the value of such easement ascer-
tained as aforesaid, any future grant or lease by the state of
the lands affected by said right-of-way shall be subject to the
easements obtained under the provisions of this act. (Laws '01,
p. 355, §7; P. C., §5120.)
§139. Pending Condemnations Not Affected.
į
Nothing contained in this act* shall be deemed to in any way
conflict with an existing law of this state relating to the method
by which railroad companies may acquire rights-of-way. No
pending condemnation proceeding nor right claimed therein shall
be affected in any way by the provisions of this act. (Laws '01,
p. 355, §8; P. C., §5121.)
§140. Condemnation Authorized.
Every corporation organized for the construction of any rail-
way, macadamized road, plank road, clay road, canal or bridge,
*§§132 to 139.
LAND LAWS OF WASHINGTON
95
is hereby authorized and empowered to appropriate, by condemn-
ation, land and any interest in land or contract right relating
thereto, including any leasehold interest therein and any rights-
of-way for tunnels beneath the surface of the land, and any ele-
vated rights-of-way above the surface thereof, including lands
granted to the state for university, school or other purposes,
and also tide and shore lands belonging to the state (but not
including harbor areas), which may be necessary for the line of
such road, railway or canal, or site of such bridge, not exceed-
ing two hundred feet in width, besides a sufficient quantity
thereof for toll houses, workshops, materials for construction,
excavations and embankments and a right-of-way over adjacent
lands or property, to enable such corporation to construct and
prepare its road, railway, canal or bridge, and to make proper
drains;
and in case of a canal, whenever the court shall deem it
necessary, to appropriate a sufficient quantity of land, including
lands granted to the state for university, school or other pur-
poses, in addition to that before specified in this section, for the
construction and excavation of such canal and of the slopes and
bermes thereof, not exceeding one thousand feet in total width;
and in case of a railway to appropriate a sufficient quantity of
any such land, including lands granted to the state for univer-
sity, schools and other purposes and also tide and shore lands
belonging to the state (but not including harbor areas), in addi-
tion to that before specified in this section, for the necessary side-
tracks, depots and water stations, and the right to conduct
water thereto by aqueduct, and for yards, terminal transfer and
switching grounds, docks and warehouses required for receiving,
delivering, storage and handling of freight, and such land, or
any interest therein, as may be necessary for the security and
safety of the public in the construction, maintenance and opera-
tion of its railways; compensation therefor to be made to the
owner thereof irrespective of any benefit from any improvement
proposed by such corporation, in the manner provided by law:
And provided further, That if such corporation locate the bed
of such railway or canal upon any part of the track now oc-
96
LAND LAWS OF WASHINGTON
cupied by any established state or county road, said corporation
shall be responsible to the county commissioners of said county
or counties in which such state or county road so appropriated
is located, for all expenses incurred by such county or counties
in relocating and opening the part of such road so appropriated.
The term land as herein used includes tide and shore lands but
not harbor areas; it also includes any interest in land or con-
tract right relating thereto, including any leasehold interest
therein. (Code 1881, §2456; amended Lawes '88, p. 63, §2;
amended Laws '95, p. 147, §2; amended Laws '03, p. 383, §1;
amended Laws '07, p. 674, §1; B. C., §4334; P. C., §7089.)
FORMER LAWS: Laws '69, p. 343, §2.
Cities authorized to condemn state granted, school and tide lands for certain
purposes: Laws '07, p. 316; see also, Laws '89-'90, p. 189, §125; construed in
Puyallup v. Lacey, 43 Wash. 110.
There is no authority for the condemnation of state school lands for the pur-
pose of procuring water for domestic use: State ex rel. Attorney General v. Su-
perior Court, 36 Wash. 381.
The equitable interest of a purchaser of tide lands from the state is subject
to appropriation by a railway company : State ex rel. Trimble v. Superior Court,
31 Wash. 445.
The state's interest in tide lands is not subject to condemnation by boom com-
panies: North River Boom Co. v. Smith, 16 Wash. 138.
Formerly tide lands could not be taken under the eminent domain act for rail-
road purposes: Seattle etc. Co. v. State, 7 Wash. 150.
§141. Service of Process.
That in all condemnation proceedings brought for the pur-
pose of appropriating any land owned by the state or in which it
has an interest, service of process shall be made upon the Com-
missioner of Public Lands. (Laws '07, p. 507, §1.)
$142. Payment Plat.
When a decree is entered appropriating lands owned by the
state, or in which it has an interest, it shall be the duty of the
plaintiff to cause a certified copy of such decree to be trans-
mitted to the State Treasurer, accompanied by the amount of
money fixed in said decree to be paid. The State Treasurer shall
issue his receipt therefore in triplicate, one to be transmitted to
the plaintiff, one to the clerk of the superior court, and one to
the Commissioner of Public Lands. When the Commissioner of
LAND LAWS OF WASHINGTON
97
Public Lands shall certify to the clerk of the superior court that
the State Treasurer's receipt has been received by him and that
a certified copy of the decrce, accompanied by a plat showing
in detail the lands appropriated, such decree shall become ef-
fective, and plaintiff authorized to enter upon said lands. (Laws
'07, p. 507, §2.)
$143. Right to Overflow.
That there be, and is hereby, granted by the State of Wash-
ington the right, privielege, power and authority, to any person
or corporation, to perpetually back and hold water upon and
over any land belonging to the State of Washington, and to
overflow any such land and inundate the same, if it be necessary
in the erection, construction, maintenance or operation of any
water power plant, reservoir or works for impounding water for
power purposes, irrigation, mining or other public use. (Laws
'07, p. 233, §1.)
§144. Application-Appraisal.
The right, privilege, power and authority hercin given and
granted shall not be exercised or enjoyed until application shall
first be made to the Board of State Land Commissioners to have
the amount of damages appraised and fixed, which shall be done
within sixty days after such application is made. (Laws '07,
p. 233, §2.)
§145. Payment.
When and as soon as said damages are so fixed and assessed
by the Board of State Land Commissioners, the same shall be
paid to said officer. (Laws '07, p. 233, §3.)
§146.
Grants to Diking Districts.
All the right, title and interest of the State of Washington in
and to so much of the beds and shores of any navigable river,
stream, waterway or water course located within the boundaries.
of any diking district up to and including the line of ordinary
high tide in waters where the tide ebbs and flows, and up to and
including the line of ordinary high water within the banks of
-7
98
LAND LAWS OF WASHINGTON
all navigable rivers and lakes, to the extent that the same under
any proceedings to be had under this act shall cease to become
a part of such river, stream, waterway or water course by reason
of the diversion of such river, stream, waterway or water course,
under any proceedings had under this act, are hereby given,
granted and vested in the respective diking districts now existing
or hereafter to be formed; and the commissioners of such re-
spective diking districts are hereby given the right, power and
authority to sell such beds and shores in such manner and upon
such notices and proceedings as govern, under existing laws of
this state, the board of county commissioners in the sale and
disposition of any real estate belonging to counties of this
state. The proceeds of such sales are to be used for the benefits
of such diking district in the payment of any expenses con-
nected with the construction of such dikes or maintenance there-
of: Provided, however, That the commissioners of such diking
district may, in their discretion, exchange such abandoned beds
and shores for other property needed in the straightening, deep-
ening or widening of such rivers, water courses or streams; and
which exchange may be made upon such terms, conditions and in
such areas as in the discretion of such commissioners they may
deem advisable and for the best interests of such diking district,
without any notice or other formality of proceedings whatever.
(Laws '07, p. 178, §4.)
See also remainder of act, Laws '07.
APPEALS FROM BOARD OF STATE LAND
COMMISSIONERS.
$147. Appeals to Superior Court.
Any person who is an applicant to purchase or lease any of
the state's granted, tide, shore, arid or oyster lands or harbor
areas, or to purchase any timber, stone, fallen timber, hay, gravel
or other valuable materials situate on any of the public lands of
the state, and any person whose property rights or interests will
LAND LAWS OF WASHINGTON
99
be affected by such sale or lease, who may deem himself aggrieved
by any order or decision of the Board of State Land Commis-
sioners concerning the same, shall have the right to appeal from
such order or decision to the superior court of the State of
Washington for the county in which such lands, harbor areas
or materials are situate. Said Board of State Land Commis-
sioners shall forthwith give notice in writing to all parties who
have appeared in such proceeding of its order or decision.
(Laws '01, p. 98, §1; P. C., §8211.)
FORMER LAWS: Laws '95, p. 561, §82; Laws '97, p. 254, §52.
Appeals from appraisement: §67 supra.
Appeals from appraisal of railroad right of way: $137 supra.
An appeal lies from an order cancelling a lease of tide lands, hence no remedy
by injunction: Seattle Wharf Co. v. Callvert, 42 Wash. 390.
No appeal lies from orders of the commmissioner: State ex rel. Smith v. Ross,
42 Wash. 439.
An appeal lies from the decision of the board that certain tide lands applied
for are not subject to sale: Ilwaco v. Ilwaco Ry. & Nav. Co., 17 Wash. 652.
Under Laws 1897, p. 254, §52, it was held that where an application for the
purchase of tide lands is contested by two other claimants for separate parts
thereof, and all the applications are tried before the board as one application, and
finding made against the original applicant, such applicant is entitled to bring the
matter up for review before the superior court by one appeal as against both con-
testants: State ex rel. Maylor v. Superior Court, 19 Wash. 198.
Upon appeal to the superior court from the decision of the Board of Land
Commissioners, respecting a contest for the purchase of tide lands, the court
should hear the appeal upon its merits, and not dismiss it on the ground that
appellant's application was incomplete and did not conform to the law in every
particular: Oliver v. Dupee, 16 Wash. 634.
The fact that an applicant for the purchase of tide lands is a contestant
against the first applicant for their purchase does not preclude him from prose-
cuting an appeal from an adverse decision of the Board of State Land Commis-
sioners: Oliver v. Dupee, 16 Wash. 634.
The lessee of a harbor area may maintain an action to enjoin the cancellation
of his lease: Seattle Wharf Co. v. Callvert, 42 Wash. 390.
The fact that an applicant for the purchase of tide lands is not qualified to
take and hold the lands cannot be urged by one who is incompetent as a contest-
ant: Hays v. Merchants' Bank, 10 Wash. 573.
§148. Notice of Appeal.
Such appeal shall be taken by the person desiring to appeal
serving upon the adverse party, if any there be, and also upon
all other parties who have appeared in the proceeding before
said board, or upon their attorneys, a notice in writing that he
appeals from such order or decision to the said superior court,
which said notice of appeal must be served as aforesaid, and, to-
100
LAND LAWS OF WASHINGTON
gether with the proof or admission of service endorsed thereon or
attached thereto, must be filed with the said board within thirty
days from and after the day such order or decision is made.
(Laws '01, p. 98, §2; P. C., §8212.)
FORMER LAWS: Laws 95, p. 561, §82; Laws '97, p. 254, §52.
Appeal cannot be taken more than thirty days after order of sale: McNaught
etc. Co. v. Atlantic etc. Co., 36 Wash. 669.
Under Laws 1889-90, p. 431, notice of appeal from State Board of Equalization
was required to be filed with the board within ten days after the rendition of
the decision : Union etc. Co. v. Katz, 8 Wash. 389.
Where an appeal to the superior court has been taken from the decision of
the state board and notice thereof mailed at Port Townsend on the eighth day
after the decision was rendered and addressed to the state board at Olympia, it
must be held as made within the ten days allowed by Laws 1889-90, p. 431, when
there is nothing to controvert such fact except that the notice was marked as
field on the eleventh day: Union Wharf Co. v. Katz, 11 Wash. 407.
§149. Bond.
At the time of filing such notice of appeal or within five days
thereafter, the appellant shall also file with said board a bond to
the State of Washington in the penal sum of two hundred dol-
lars, executed by said appellant and one or more sureties, who,
unless a surety company bond be given, shall justify according
to law; which bond shall be conditioned that the appellant shall
pay all costs that may be awarded against him on the appeal or
on the dismissal thereof, and shall be approved by one of the
members or by the secretary of said board. (Laws '01, p. 98,
§3; P. C., §8213.)
FORMER LAWS : Laws '95, p. 561, §82; Laws '97, p. 254, §52.
§150. Transcript.
Within thirty days after said notice of appeal has been filed,
said board shall require its secretary to make a transcript of all
the entries in the records of said board relating to the case, and,
under the scal of said board, to certify the same together with all
the processes, original pleadings and other papers relating to the
case and filed with said board, except the evidence used in such
proceeding before said board; and shall require its secretary to
file said certified transcript and papers, at the expense of the ap-
pellant, with the clerk of the superior court of the county to
LAND LAWS OF WASHINGTON
101
which said appeal has been taken. (Laws '01, p. 99, §4; P. C.,
§8214.)
FORMER LAWS: Laws '95, p. 561, § 82; Laws '97, p. 254, §52.
A copy of the pleadings and papers connected with a contest prepared and
certified by the board may, on appeal from the decision of the superior court, be
sent to the Supreme Court as the transcript in the cause, and it is not necessary
to bring it up by a bill of exceptions: Oliver v. Dupee, 16 Wash. 634.
Under act of 1890, the action of the secretary of the board in transmitting
the record of a contest attested by himself as secretary although unwarranted
by statute is not ground for reversal where there is no showing that the record is
incorrect: Hays v. Merchants' Bank, 10 Wash. 573.
$151. Trial de Novo.
The hearing and trial of said appeal in said superior court
shall take place de novo before the court without a jury, upon
the pleadings and papers so certified. The court or judge may
order the pleadings to be amended, or new and further pleadings
to be filed. Costs on said appeal shall be awarded to the prevail-
ing party as is now provided by law in cases of actions com-
menced in the superior court, but no costs shall be awarded
against said board or the state. Should judgment be rendered
against the appellant, the costs on appeal shall be taxed against
him and the sureties on the appeal bond, except when the state
is the only adverse party, and shall be included in said judgment,
and execution may issue from said superior court for the collec-
tion thereof. (Laws '01, p. 99, §5; P. C., §8215.)
FORMER LAWS: Laws '95, p. 561, §82; Laws '97, p. 254, §52.
Under this section the superior court cannot, upon an appeal from the Board
of State Land Commissioners, review a decision of the board as to what are the
proper records in the case, made in a proceeding instituted by one of the parties
pending the appeal, whereby the board refused to correct the record: Squire v.
Sidney, 37 Wash. 1.
§152. Appeal to Supreme Court.
Any party feeling himself aggrieved by the judgment of said
court, may appeal therefrom to the Supreme Court of the State
of Washington in the same manner and within the time provided
by law for appealing from judgments on actions at law to such
Supreme Court. (Laws '01, p. 99, §6; P. C., §8216.)
FORMER LAWS: Laws '95, p. 561, §82; Laws '97, p. 254, §52.
$153. Record Certified to Board.
Unless appeal be taken from the judgment of said superior
court, the clerk of said court shall, on demand, certify, under
102
LAND LAWS OF WASHINGTON
his hand and seal of such court, a true copy of such judgment
to the Board of State Land Commissioners, which judgment shall
thereupon have the same force and effect as if rendered by said
board. (Laws '01, p. 99, §7; P. C., §8217.)
FORMER LAWS: Laws '95, p. 561, §82; Laws '97, p. 254, §52.
§154. Application of Act.
This act shall apply to all pending applications or proceed-
ings thereunder for the sale or lease of lands, harbor areas, timber
or other materials enumerated in this act, upon which sales or
leases have not been finally executed and delivered, provided ap-
peals in such pending proceedings be prosecuted within twenty
day after this act shall take effect: Provided, This act shall not
be construed as applying to cases of appeals already commenced
and now pending so as to deprive any party of any rights or
privileges under any law of this state to which he is now entitled
in the prosecution of such pending appeal to a final decision.
(Laws '01, p. 100, §8; P. C., §8218.)
FORMER Laws: Laws '95, p. 561, §82; Laws '97, p. 254, §52.
§155. Limitation of Appeals.
In all cases involving the prior privilege of purchase of tide
lands of the first class, wherein appeals have been or shall be
taken from any decision of the Board of State Land Commission-
ers to the superior court, and in which no trial has been or shall
be had in said superior court for a period of time exceeding two
years after the date of the taking of such appeal, and the prefer-
ence privilege of purchase given to the abutting upland owners
and to improvers of such tide lands, shall be and the same is
hereby declared to be withdrawn and cancelled: Provided, how-
ever, That before any such withdrawal or cancellation shall take
place or effect as to any tide lands involved in any such appeal
now pending a notice of ninety days shall be given to all parties
to the appeal by the Attorney General on behalf of the state of
the intention of the state to enforce such withdrawal and cancel-
lation. (Laws '99, p. 120, §1; P. C., §8220.)
This act is not affected by the preceding sections relating to appeals: Laws
'01, p. 100, $9.
* §§147-154.
LAND LAWS OF WASHINGTON
103
§156. Notice.
The Attorney General of the state is authorized and directed
to enter, on behalf of the state, motions of dismissal in all such
appeals now pending or hereafter to be prosecuted: Provided,
however, That as to appeals hereafter taken thirty days' notice
shall be given by the Attorney General to the parties to such ap-
peal of the intention of the state to enforce such withdrawal and
cancellation. (Laws '99, p. 120, §2; P. C., §8221.)
See note, $155.
§157. Lands Subject to Sale.
All lands so withdrawn shall be reappraised and sold in the
manner prescribed by law for the appraisement and sale of un-
applied-for tide lands of the first class. (Laws '99, p. 120, §3;
P. C., $8222.)
See note, $155.
SITES FOR SCHOOL HOUSES.
§158. School Land May Be Purchased by School Districts.
That any school district may purchase, under the provisions
of law governing the sale thereof, a school house site or sites of
not less than one acre nor more than five acres each, of any
school lands of the State of Washington. (Laws '97, p. 359, §7;
B. C., §2278; P. C., §7235.)
FORMER LAWS: Laws '95, p. 17, §1.
}
§159. Preference Right to Purchase at Appraised Value.
That in all cases when a school house is or may be erected upon
any school lands of this state the school district to which such
school house belongs shall have the preference right for six
months after the filing of the final appraisal of such school lands
not already appraised, to purchase school house sites to include
the lands occupied by such school houses, at the appraised value
thereof. (Laws '97, p. 359, §8; B. C., §2279; P. C., §7236.)
FORMER LAWS: Laws '95, p. 17, §2.
Land to be sold at public auction to highest bidder: Const., Art. 16, §2.
104
LAND LAWS OF WASHINGTON
GRANTS TO UNITED STATES.
§160. Use of Lands Granted to United States.
That the use of any tide lands belonging to the State of Wash-
ington, and adjoining and bordering on any tract, piece or parcel
of land held or reserved by the government of the United States
for the purpose of erecting and maintaining thereon forts, maga-
zines, arsenals, dock yards and other needful buildings, be and
the same is hereby granted to the United States so long as the
upland adjoining such tide lands shall continue to be held by
the government of the United States for any of the public pur- ·
poses above mentioned: Provided, That this grant shall not ex-
tend to or include any lands covered by more than four fathoms
of water at ordinary low tide: And provided further, That when-
ever the government of the United States shall cease to hold for
public purposes any such tract, piece or parcel of land, the use
of the tide lands bordering thereon shall revert to the State of
Washington. (Laws '89-90, p. 428, §1; B. C., §2117; P. C.,
$8903.)
A deed of. tide lands from the state to the United States under this act is in-
valid where such tide lands do not border upon uplands held or reserved by the
United States for the purposes specified : State ex rel. Bussell v. Callvert, 33
Wash. 380.
$161.
Consent of State to Acquisition of Lands by United Sttaes.
That the consent of the State of Washington be and the same.
is hereby given to the acquisition by purchase or by condemna-
tion, under the laws of this state relating to the appropriation of
private property to public use, by the United States of Amer-
ica, or under the authority of the same, of any tract, picce or
parcel of land, from any individual or individuals, bodies politic
or corporate, within the boundaries or limits of this state, for the
sites of locks, dams, piers, breakwaters, keepers' dwellings, and
other necessary structures and purposes required in the improve-
ment of the rivers and harbors of this state or bordering thereon,
or for the sites of forts, magazines, arsenals, docks, navy yards,
naval stations, or other needful buildings authorized by any act
LAND LAWS OF WASHINGTON
105
of Congress, and all deeds, conveyances of title papers for the
same shall be recorded, as in other cases, upon the land records
of the county in which the lands so acquired may lie; and in like
manner may be recorded a sufficient description by metes and
bounds, courses and distances, of any tract or tracts, legal divis-
ions or subdivisions of any public land belonging to the United
States which may be set apart by the general government for any
or either of the purposes before mentioned by an order, patent
or other official document or papers describing such land; the
consent herein and hereby given being in accordance with the
seventeenth clause of the eighth section of the first article of the
Constitution of the United States, and with the acts of Congress
in such cases made and provided, and the jurisdiction of this
state is hereby ceded to the United States of America over all
such land or lands as may have been or may be hereafter ac-
quired by purchase or by condemnation, or set apart by the gen-
eral government for any or either of the purposes before men-
tioned: Provided, That this state shall retain a concurrent jur-
isdiction with the United States in and over all tracts so acquired
or set apart as aforesaid, so far as that all civil and criminal
process that may issue under the authority of this state against
any person or persons charged with crimes committed, or for any
cause of action or suit accruing without the bounds of any such
tract, may be executed therein in the same manner and with like
effect as though this assent and cession had not been granted.
(Laws '91, p. 31, §1; B. C., §2110; P. C., §8901.)
This section and §163 do not authorize the United States to purchase lands of
the state: State ex rel. Bussell v. Callvert, 33 Wash. 380.
§162. Exempt From Taxation.
The tracts, pieces or parcels of land so acquired or set apart,
together with the tenements and appurtenances for the purposes
before mentioned, shall be held exempt from taxation by the
State of Washington. (Laws '91, p. 32, §2; B. C., §2111; P. C.,
$8902.)
§163. May Acquire Lands for Certain Purposes-State's Process.
That the consent of the Legislature of the State of Washing-
ton be and the same is hereby given to the purchase, by the gov-
106
LAND LAWS OF WASHINGTON
ernment of the United States or under the authority of the same,
of any tract, piece or parcel of land from any individual or in-
dividuals, bodies politic or corporate, within the boundaries of
this state, for the purpose of erecting and maintaining thereon
armories, arsenals, fortifications, magazines, navy yards, dock
yards, custom houses, light houses and other needful public build-
ings or establishments whatsoever; the consent herein and hereby
given being in accordance with the provisions of the seventeenth
clause of the eighth section of the first article of the Constitution
of the United States, and with the acts of Congress in such
cases made and provided. And like consent of the Legislature of
the State of Washington is hereby given in the cases of all such
tracts or parcels of land as have been heretofore purchased by
the government of the United States, or which have been or may
hereafter be reserved by the said government, out of any public
land belonging to the United States, for any of the purposes be-
fore mentioned: Provided, That a sufficient description by metes
and bounds and an accurate plat or map of each such tract or
pracel of land be filed in the proper office of record in the county
in which the same is situated; together with copies of the orders,
deeds, patents or other evidences in writing of the title of the
United States: And provided further, That all civil process is-
sued from the courts of this state, and such criminal process as
may issue under the authority of this state against any person
charged with crime, in cases arising outside of such purchases or
reservations, may be served and executed thereon in the same
mode and manner and by the same officers as if the consent herein
given had not been made. (Laws '89-90, p. 459, §1; P. C'.,
$8900.)
See note to $161.
See also, taking of lands for irrigation, infra.
LAND LAWS OF WASHINGTON
107
MINERAL LANDS.
LEASING OF MINERAL BEARING LANDS.
§164. Leases Authorized.
The Commissioner of Public Lands of the State of Washing-
ton is hereby authorized to execute leases and contracts for the
mining of gold, silver, copper, lead, cinnabar or other valuable
minerals except coal, from any land now belonging to the state or
from any lands to which the state may hereafter acquire title,
subject to the conditions hereinafter provided. (Laws '97, p.
293, §1; B. C., §2212; P. C., §8287.)
Minerals reserved in sales of state lands: §40, supra.
Leasing of school and granted lands: §47 et seq., supra.
Manner of leasing: §37 and $38, supra.
$165. Application-Boundaries.
Any citizen of the United States finding precious minerals
upon any lands belonging to the State of Washington may ap-
ply to the Commissioner of Public Lands for a lease of any
amount not to exceed eighty acres for prospecting purposes,
provided that said applicant has posted up location notice and
set corner posts and marked boundary lines as required by the
mining laws of the State of Washington: Provided, Any per-
son, persons or corporations to whom a lease or contract has been
issued prior to the passage of this act may, by applying to the
Commissioner of Public Lands, have the boundaries of their min-
eral claims or lots changed to conform to the section lines as sur-
veyed by the United States surveyors: Provided, The changing
of boundaries does not infringe upon the rights of any other
lease holder or assignee, and shall pay a fee according to the in-
creased area which they may obtain. (Laws '97, p. 293, §2;
amended Laws '01, p. 313, §1; B. C., §2213; P. C., §8288.)
§166. United States Mining Laws Govern.
The manner of locating a mineral claim upon state land shall
be similar to the state law regulating locating mineral claims on
108
LAND LAWS OF WASHINGTON
government land: Provided, That any citizens that have found
minerals on state lands previous to the passage of this act* and
have posted up notice setting forth the dimensions according to
the mining law of the United States and the State of Washing-
ton, shall have prior right to lease the same, and shall have ninety
(90) days after the passage of this act to make application to
the Commissioner of Public Lands for a lease. (Laws '97, p.
293, §3; B. C., §2214; P. C., §8289.)
$167. Timber Privileges.
The lessee may cut and use the timber found upon said prem-
ises for fuel and construction of buildings, required in the opera-
tion of any mine or mines on the premises; also the timber neces-
sary for drains, tramways and supports for such mine or mines,
and for no other purpose. (Laws '97, p. 293, §4 B. C., §2215;
P. C., §8290.)
§168. Rental-Term.
Before any lease shall be granted the applicants shall pay to
the State Treasurer the sum of five dollars for each forty acres
or fraction thereof. The holder of a mineral lease, secured as
above stated, shall have two years to develop said mine or mines:
Provided, That no more than five tons of ore shall be removed
therefrom for assaying or testing purposes until a contract, as
hereinafter provided, shall have been executed. (Laws '97, p.
293, §5; amended Laws '01, p. 313, §2; B. C., §2216; P. C.,
§8291.).
§169. Second Lease.
**
Within sixty days prior to the expiration of the lease, the lessee
may apply to the Commissioner of Public Lands for a new lease.
Therefore the Commissioner of Public Lands shall give said ap-
plicant a prior right, and shall, upon the expiration of the old
lease issue a new lease to the former lessee on terms as may be
provided by law. (Laws '01, p. 314, §4; P. C., §8294.)
* §§164-171.
LAND LAWS OF WASHINGTON
109
§170. Contract.
-
..
•
"
,
At any time prior to the expiration of said lease, the leaseholder,
or any assignee thereof, shall have the right to obtain from the
said Commissioner of Public Lands a contract which shall bind
the State of Washington as the party of the first part, and the
person, persons or corporations to whom said contract shall issue
as the party of the second part, in a mutual observance of the ob-
ligations and conditions as specified therein. [The contract pro-
vided for in this act* shall be as follows]: "This indenture, made
this day of..
A. D., one thousand eight hundred
and...., by and between the State of Washington, party of the
first part, and
party of the second part,
WITNESSETH, That the party of the first part, in consideration of
the sum of ten dollars to it in hand paid by the party of the sec-
ond part, being the first annual payment as provided for in
chapter 102, section 7, of the Session Laws of 1897, the receipt
whereof is hereby acknowledged, and in further consideration of
the covenants and conditions herein contained, to be kept and
performed by the part... of the second part, does hereby con-
tract, lease and demise to the part... of the second part for a
term of thirty years from and after the .... day of
thousand eight hundred and
land situated in the county of
ington, viz:
>
•
>
one
the following described
in the State of Wash-
which premises are
leased to the part... of the second part for the purposes of ex-
ploring for, mining, taking out and removing therefrom the mer-
chantable shipping ore, containing copper, lead, silver, gold and
other minerals, which is or which hereafter may be found on, in
or under said land, together with the right to construct all build-
ings, make all excavations, openings, ditches, drains, railroads,
wagon roads, smelters and other improvements upon said prem-
ises, which are or may become necessary or suitable for the mining
or removal of ore containing copper, lead, silver, gold or other
minerals from said premises, with the right, during the existence
of this lease, to cut and use the timber found upon said premises
§§164-171.
110
LAND LAWS OF WASHINGTON
}
for fuel, and so far also as may be necessary for the construction
of buildings required in the operation of any mine or mines, on
the premises hereby leased, as also the timber necessary for drains,
tramways and supports for such mine or mines: Provided, how-
ever, That the part... of the second part shall have the right at
any time to terminate this agreement in so far as it requires the
part... of the second part to mine ore on said lands, or to pay
a royalty therefor, by giving written notice to the party of the
first part, which shall be served by leaving the same with the
Commissioner of the Public Lands, who shall officially, in writ-
ing, acknowledge the receipt of said notice and the foregoing
lease shall terminate sixty days thereafter, and all arrearages and
sums which may be due under the same up to the time of its termi-
nation, as set forth in said notice, shall be paid upon settlement
and adjustment thereof. The party of the first part further
agrees that the part... of the second part shall have the right
under this agreement to contract with others to work such mine
or mines, or any part thereof, or to sub-contract the same, and
the use of the said land or any part thereof, for the purpose of
mining for ore, with the same rights and privileges as are herein
granted to the said part... of the second part." (Laws '97,
p. 294, §6; amended Laws '99, p. 337, §1; B. C., §2217; P. C.,
§8292.)
$171. Royalty.
The terms and conditions on which the same may be mined shall
be agreed upon by the Commissioner of Public Lands and the
lessee: Provided, "That a royalty be paid to the state on the
value of the gross output to an amount not less than two per
cent. thereof and not more than five per cent. thereof; said
royalty to be paid according to the provisions made in said lease.”
(Laws '97, p. 294, §7; Laws '01, p. 314, §3; B. C., §2218; P.
C., §8293.)
LEASING OF PETROLEUM AND NATURAL GAS LANDS.
§172. Leases Authorized.
The Commissioner of Public Lands of the State of Washing-
ton is hereby authorized to execute leases and contracts for the
LAND LAWS OF WASHINGTON
111
mining and extraction of petroleum and natural gas from any
land belonging to the state or from any lands in which the state
may hereafter acquire title, subject to the conditions hereinafter
provided. (Laws '01, p. 218, §1; P. C., §8279.)
$173. Application.
Any citizen of the United States finding petroleum or natural
gas upon any lands belonging to the State of Washington may
apply to the Commissioner of Public Lands for a lease of any
amount of such land not to exceed one section. (Laws '01, p.
218, §2; P. C., §8280.)
§174. Manner of Applying.
Application shall be made in like manner as the application is
made for the leasing of agricultural lands. (Laws '01, p. 218,
§3; P. C., §8281.)
$175. Rental-Terms.
No lease shall be made by the state for any sum less than
twenty-five ($25.00.) dollars per quarter section of land for each
year during the term of said lease, and in addition thereto the
said lease shall provide that the state shall be entitled to receive
a sum not less than ten per cent. of the gross value of all pe-
troleum and natural gas extracted therefrom during the term of
the said lease, payable semi-annually during said term. The term
of said lease to be any term not to exceed ten years. (Laws '01,
p. 218, §4; P. C., §8282.)
$176. Reports and Accounting of Lessee.
Persons leasing lands under the provisions of this act* shall
mine, take out, keep, maintain, ship and sell all petroleum and
natural gas mined upon or taken from the lands so leased, sep-
arate and distinct from all like products taken from other lands,
and shall submit to the Commissioner of Public Lands, at stated
periods to be fixed by said Commissioner, a statement showing the
total product taken from said leased lands, the total shipments of
such products, and an account showing the sales of all such prod-
* §§172-179.
112
LAND LAWS OF WASHINGTON
ucts. The Commissioner shall make all necessary rules and regu-
lations necessary to carry out the provisions of this act, and to
protect the interests of the state. The books and accounts of
evéry person leasing lands under the provisions of this act shall
be open to inspection by the State Land Commissioner, or such
persons as he may designate at all times, and the property leased,
together with all buildings, machinery, storage tanks and appli-
ances of every kind and nature whatsoever, shall be subject to in-
spection and examination by the Land Commissioner. The re-
ports required under this act shall be made under oath, upon
forms prescribed by the Commissioner. Failure on the part of
any lessee hereunder to comply with the terms and conditions of
this act, or of his lease, shall forthwith work a forfeiture of the
lease. No such forfeiture may be waived. The Commissioner of
Public Lands shall incorporate in every such lease such other pro-
visions and conditions not inconsistent with the provisions and
conditions contained in this act as may in his judgment be ad-
vantageous to the state. (Laws '01, p. 219, §5; P. C., §8283.)
$177. Prior Right of Present Lessee.
Any person now holding leases for agricultural purposes shall
have a first right to lease the lands held by them as lessces of the
State of Washington, and upon notice to them by the Commis-
sioner of Public Lands they shall within thirty days thereafter
exercise their right to lease said lands under the provisions of
this act, and upon their failure so to do their right to lease such
land for mining for petroleum and natural gas shall be at an
end, and the said land shall be deemed to be open and unoccupied
public lands for the purposes of this act only, and the same shall
be subject to lease for mining for petroleum and natural gas as
if the same were fully owned and in the possession of the state.
Any person so holding the lands of the state for agricultural pur-
poses who shall within sixty days from the adoption of this act*
fail to apply to the State Land Commissioner for such lands shall
forfeit all preference to them granted under the terms of this
act. (Laws '01, p. 219, §6; P. C., §8284.)
* §§172-179.
LAND LAWS OF WASHINGTON
113
§178. Lands Must Be Worked.
All leases under the terms of this act* shall be deemed to be
void and of no effect unless the lessee or his assigns shall com-
mence the work of drilling or boring for petroleum oil and gas
within the period of one year from and after the date of the exe-
cution of such lease: And provided further, That such work shall
proceed continuously and at no time cease for a greater period
than ninety (90) days: Provided, That whenever oil and natural
gas be discovered by such work in paying quantities then no
further work need be done under the terms of such lease than to
mine, secure and store the same, but failure to operate after dis-
covery of oil or natural gas in paying quantities for any period
of ninety consecutive days shall work a forfeiture of the lease.
(Laws '01, p. 220, §7; P. C., §8285.)
§179. Payment of Damages to Prior Lessee.
If land is leased by the state upon which an existing lease for
agricultural purposes is held by some person other than the lessee
under the terms of this act,* that the lessee hereunder shall pay to
such person so holding said land under lease for agricultural
purposes reasonable compensation for any and all damage sus-
tained by him to growing crops or for the use of said premises
during the development of the said petroleum and natural gas
lands by mining and boring and holding possession thereof.
(Laws '01, p. 220, §8; P. C., §8286.)
* §§172-179.
-8
114
LAND LAWS OF WASHINGTON
OYSTER LANDS.
PROTECTION AND MANAGEMENT OF STATE
OYSTER RESERVES.
$180. State Oyster Commission.
There is hereby created a state oyster commission to consist of
the Governor, Commissioner of Public Lands and the Fish Com-
missioner. (Laws '03, p. 340, §1; P. C., §6810.)
FORMER LAWS: Laws '97, p. 298, §1.
This act entirely supersedes Laws '97, p. 298, relating to the management and
control of natural oyster beds : State ex rel. Hammond v. Ross, 39 Wash. 233.
$181. Records.
The Commissioner of Public Lands shall be the secretary of
the said Commission, which secretary shall keep a true, full and
correct record of all meetings of said Commission. Said records
shall be kept in the office of the Commissioner of Public Lands
and shall be public records open for inspection of the public dur-
ing office hours. (Laws '03, p. 340, §2; P. C., $6810a.)
$192.
Meetings.
The said Commission shall regularly meet on the first Tuesday
in January, April and October, of each year, at the office of said
Commission, and at such other times as the chairman of said
Commission may call and direct. (Laws '03, p. 340, §3; P. C.,
§6810b.)
§183. Quorum.
1
A majority of said Commission shall constitute a quorum to
do business on all questions arising or coming before said Com-
mission. A decision of a majority of the members of said Com-
mission shall be valid as the act, ruling, judgment or decision of
said Commission. (Laws '03, p. 340, §4; P. C., §6810c.)
§184. Powers and Duties.
It shall be the duty of the State Oyster Commission, and they
shall have power to:
1.
Examine all existing oyster reserves and to do or cause to
be done such things as may be deemed advisable, to conserve, pro-
LAND LAWS OF WASHINGTON
115
tect and develop said reserves as now established and that may be
hereafter established, and to make such rules and regulations as
may be found necessary or desirable to carry into effect the pro-
visions of this act.*
*
2. To immediately examine all tide or oyster lands belonging
to the state (except tide lands of the first class and lands herein-
above provided for) and to survey, plat and establish thereon
what shall be and constitute oyster reserves for the future.
3. To cause a survey or re-survey of all the state oyster land
reserves now existing or to be established by the said Commission,
to be made before the first day of October, 1903, or as soon there-
after as possible, and shall have each angle of the boundary line
indicated by a stone of not less than one hundred pounds in
weight and marked with the letters S. R. cut thereon in letters not
less than three inches long and one-half inch deep, and to cause
all oyster reserves to be platted, said plats to be filed in the office
of the Commissioner of Public Lands and in the office of the
auditor of the county wherein said reserves are located; and in
cases where the adjoining lands are used in whole or in part by
private individuals for the production of oysters, stakes shall be
kept standing on all the angles of the boundary, the tops of
which shall be at least four feet above high tide.
4. Said Commission may, when it seems /to them advisable,
close any portion of any of the reserves against the removal of
oysters for any period of time, not longer than two years at one
time: Provided, That such closed periods may be thereafter re-
newed, from time to time, not exceeding in all four years, by the
Commission.
5. To care for and protect all reserves and to reseed and re-
plant such as are in need of seed.
6. To employ such patrolinen and deputies as may be neces-
sary for the protection of oyster reserves and collect licenses and
payment for seed oysters and to define their duties. (Laws '03,
p. 340, §5; P. C., §6810d.)
FORMER LAWS: Laws '91, pp. 366-7, §§1-2; Laws '97, p. 299, §2.
* §§180-191.
116
LAND LAWS OF WASHINGTON
§185. Reserves Not to Be Sold or Leased.
The tide land within all oyster reserves established and sur-
veyed and platted by said State Oyster Commission shall be for-
ever reserved from sale or lease. (Laws '03, p. 341, §6; P. C.,
§6810e.)
FORMER LAWSS Laws '91, p. 366, §1; Laws '97, p. 300, §7.
Laws 1891, p. 366, reserving natural oyster beds, did not require a suspension
of sales of tide lands until the oyster reserves had been defined and plats filed:
State ex rel. Smith v. Forrest, 8 Wash. 610.
But an applicant for the purchase of tide lands, which he or his assigns had
improved as an artificial oyster bed prior to the act of March 26, 1890, giving a
right of purchase, was required to prove to the satisfaction of the commissioner
that such land was not a natural oyster bed at the time of entry thereon: Id.
§186. License to Take Oysters.
Any person, persons or corporation may secure a license from
the State Oyster Commission to take from the oyster land re-
serves oysters to be used for seed purposes only, and upon the
terms and conditions hereinafter provided for. (Laws '03, p.
341, §7; P. C., §6810f.)
FORMER LAWS: Laws '97, p. 301, §12.
$187. Taking of Seed Oysters.
No license shall be granted to take seed from any oyster land
reserve except between the first day of April and the fifteenth
day of June of each year, and at no time before five o'clock in
the morning, or after eight o'clock in the evening; and no person,
persons or corporation shall take from the state oyster land re-
serves an amount of oysters to exceed five hundred sacks to each
acre prepared for seeding, and all seed taken from the state's
oyster land reserves under the provisions of this act must be used
upon lands situated in the State of Washington and described in
the application for license. Any person, company or corporation
desiring to take oysters from the state's oyster land reserves for
the purpose of seeding his, her or their oyster beds, may make
application to the State Oyster Commission for a license so to do,
said application to be made upon forms to be provided by said
State Oyster Commission in substance as follows: It shall show
the date when made; the name of the person, company or corpora-
tion making the same; a description of the land upon which the
LAND LAWS OF WASHINGTON
117
oysters are to be placed, said description of land to show county,
township, name of bay or inlet where land is located; state the
amount of land prepared for seeding, and how prepared ; whether
the same is diked or not; whether it is hard ground or mud, and
if mud ground, whether any crust or shell, sand or other sub-
stance, has been formed to protect the seed oysters. The appli-
cant must state in application the number of sacks of oysters de-
sired to be taken under the license, which amount must not exceed
five hundred sacks per acre for all ground properly prepared to
receive them. Where the applicant desires the license to be made
in the name of any other person than himself or themselves or his
or their agent, he shall so state. And no person, firm or corpora-
tion shall take oysters from any of the reserves in this state, with-
out first having procured a license so to do. The applicant must
agree to pay to the State Oyster Commission, under such rules as
they may prescribe, the sum of twenty-five cents per sack on
Puget Sound and ten cents per sack in all other places for all
oysters taken under the license and in all other things to comply
with the rules and regulations governing the taking of oysters
from the oyster land reserves as set forth in the license; and that
all oysters taken in pursuance of the license shall be put on the
ground described in the application. Every applicant shall de-
clare upon oath or affirmation that the application is made in
good faith, and that all things stated therein are true. (Laws '03,
p. 342, §8; P. C., §6810g.)
§188.
Granting of License.
When application is made to the State Oyster Commission for
permission to take oysters from the state oyster land reserves, and
such application is made according to the provisions of this act,*
the said Commission shall grant such applicant a license to go
upon any of the state's oyster land reserves that are not closed to
operation, and take therefrom oysters for the use set forth in the
application and for no other. Said license shall contain the priv-
ileges and prohibitions provided for in this act, and such rules
and regulations as may have been adopted by the commission for
* §§180-191.
118
LAND LAWS OF WASHINGTON
the regulation of the business of taking oysters from the oyster
land reserves. (Laws '03, p. 343, §9; P. C., §6810h.)
FORMER LAWS: Laws '97, p. 301, §12.
§189. Definition of Word "Sack."
Whenever the word sack is used in this act it shall be consid-
ered to mean a quantity equal in weight to one hundred and
twenty pounds. (Laws '03, p. 343, §10; P. C., §6810i.)
§190. License Fee.
*
Every person applying for a license under the provisions of
this act shall pay to the State Oyster Commission five dollars be-
fore the license shall be issued. (Laws '03, p. 343, §11; P. C.,
§6810k.)
FORMER LAWS:
Laws '97, p. 302, §13.
NOTE: Section 12 of this act, creating an oyster fund, repealed by Laws '07,
p.. 13.
$191. Penalty.
*
If any person or persons shall take oysters from any of the
state oyster land reserves contrary to the provisions of this act,
or shall go upon said reserves and rake up, or otherwise prepare
oysters to facilitate the taking of same, shall be guilty of a mis-
demeanor and upon conviction thereof shall be fined in a sum not
less than one hundred dollars, and imprisoned for a term of not
more than one year, and forfeit any license he or she may then
hold. (Laws '03, p. 343, §13; P. C., §6810m.)
FORMER LAWS: Laws '95, p. 24, §§1-2; Laws '97, p. 304, §22.
Section 14 of this act made an appropriation for carrying out the provisions
of the act. This section was amended in 1905, Laws '05, p. 246. See also gen-
eral appropriation act, Laws '07, p. 491.
SALE OF CULTIVATED OYSTER BEDS.
$192. Right to Purchase.
That all persons having the qualifications provided by law to
enable them to purchase tide lands within the State of Washing-
ton, and who, prior to March 26, 1890, in good faith entered
upon tide lands not in front of any incorporated city or town,
nor within two miles thereof on either side, and planted and
* §§180-191.
LAND LAWS OF WASHINGTON
119
cultivated thercon artificial oyster beds, and who continued to oc-
cupy and work on the same continuously and in good faith to
March 26, 1890,-and ever since said date, and who are now in pos-
session of and working said oyster beds in good faith, shall be
permitted to purchase the same for the purpose of cultivating
oysters thereon, and for no other purpose, whether said tracts
were originally covered by alleged natural oyster beds or not; and
where, notwithstanding such prior occupancy and cultivation,
any such tract or tracts so occupied prior to March 26, 1890,
shall since such date have been reserved from sale or lease as
natural oyster beds, the person or persons, or their assigns, who
planted, occupied and cultivated such artificial beds may, by com-
plying with the provisions of law touching the sale of artificial
oyster beds and paying the value thereof fixed by the State of
Washington, be and they are hereby entitled to receive a deed,
subject to all the provisions of this act, to such tract or tracts not
exceeding in arca of forty acres to any one person, as they so in
good faith improved as such artificial oyster beds prior to March
26, 1890. (Laws '95, p. 39, §1; B. C., §2242; P. C., §6834.)
Right to oyster beds by discovery: $220, post.
$193. Limitations in Deed-Reversion.
It shall be expressly provided in the deed of conveyance of
any such oyster bed and the tide land covered thereby, that
said land, at the time of conveyance, is not in front of any incor-
porated city or town, nor within two miles thereof on either side,
and that the said land is not now used for purposes of trade or
commerce; that if at any time after the granting of said deed the
land described therein shall cease to be used for the purposes of
an artificial oyster bed, it shall thereupon revert to, and become
the property of the State of Washington, and that the same is
conveyed to the grantee only for the purposes of cultivating
oysters thereon, and the State of Washington hereby reserves the
right to enter upon and take the possession of said tract or tracts
if at any time the same is used for any other purpose than the
cultivation of oysters; and the State of Washington reserves the
further right to enter upon and take possession of any tide lands
120
LAND LAWS OF WASHINGTON
·
sold under the provisions of this act,* at any time when it desires,
upon paying to the then owner or occupant the original purchase
price of the land together with the value of the improvements
erected thereon, the then value of his artificial oyster beds and im-
provements erected thereon in connection with the carrying on
of the raising and propagation of oysters by artificial cultiva-
tion. (Laws '95, p. 40, §2; B. C., §2243; P. C., §6835.)
SALE OF TIDE LANDS FOR OYSTER PLANTING.
$194. Occupants of Oyster Lands May Purchase.
It shall be lawful for any person who is entitled to purchase
tide lands pursuant to the act of March 26, 1890, as being an
occupant of land planted with oysters, to survey or cause to be
surveyed at his own expense, the land that pursuant to said act
he is entitled to purchase, not exceeding one hundred acres in
area: Provided, That the party making application to purchase
under the provisions of this act shall accompany such applica-
tion with a certificate under oath to the effect that lands pur-
chased under the provisions of this act shall be used for oyster
planting purposes only. (Laws '95, p. 36; §1; B. C., §2235;
P. C. §6836.)
The fact that plaintiffs had planted and cultivated oysters upon public lands
for a number of years under an implied license, would give them no right to re-
strain defendant from going into possession of such oyster bed under deed from
the state, when plaintiff's possession and occupation had been abandoned at the
time of the sale by the state to the defendant: Riddell v. Brown, 25 Wash. 514.
$195. Sale to Be Supervised by State Board.
The survey and description in duplicate of such tract shall
be subject to the direction, oversight and approval of the Board
of State Land Commissioners, and one description of said tract
as surveyed shall be filed with and be recored by the county
auditor of the county in which said tide lands are situated, in a
book kept by him for such especial purpose, and a duplicate de-
scription in the office of the Commissioner of Public Lands.
(Laws '95, p. 36, §2; B. C., §2236; P. C., §6837.)
* §§192-193.
+ §§194-205.
LAND LAWS OF WASHINGTON
121
$196. Price and Payments.
The survey of such lands, as provided in the foregoing sec-
tions of this act, may not be required to follow the lines of
United States government survey, but may follow the direction
of the oyster beds actually occupied by the party proposing to
purchase the same; the persons entitled to purchase such oyster
beds under the provisions of this act* may purchase the same at
the rate of one dollar and twenty-five cents per acre, one-fourth
of which price shall be paid at time of making such purchase,
and the remaining three-fourths in three equal annual payments,
each of which sums shall draw interest at the rate of eight per
cent. per annum, the unpaid portion remaining as a lien upon
said land until all payments shall be made in full, and the pur-
chaser shall thereupon be entitled to a deed to the same; said
deed shall be executed by the Governor, attested by the Secre-
tary of State with the seal of the state thereto attached, which
deed shall contain the conditions of defeasance in this act pro-
vided. (Laws '95, p. 36, §3; B. C., §2236; P. C., §6838.)
$197. Right to Purchase.
Any person having the right to purchase such tide lands as
provided by this act,* and being an actual occupant of the same,
shall have the prior right to purchase for a period of six months
from and after the passage of this act and its being signed and
approved by the Governor. (Laws '95, p. 37, §4; B. C.,
$2237; P. C., §6839.)
§198. Application to Purchase-Notice.
Upon the filing of a description of the survey of such land, as
provided for by the foregoing sections of this act,* the person or
persons having occupied or desiring to occupy such lands as
described in section one of this act, may file with the Commis-
sioner of Public Lands an application to purchase said lands,
together with a description of the lands applied for, by metes
and bounds, and upon the receipt of the same the Commissioner
of Public Lands shall, at the expense of the applicant, publish,
* §§194-205.
122
LAND LAWS OF WASHINGTON
or cause to be published, for three successive weeks in any news-
paper of general circulation printed and published in the county
where such lands are situated, a notice of such application to
purchase, giving therein a description of lands applied for.
During the next thirty days following the last publication of
said notice, any person claiming a prior right to purchase such
tide lands may file with the Commissioner of Public Lands a con-
test for the purpose of establishing a prior right to purchase, or,
1 pon petition of ten citizens who shall be residents of the
county wherein such lands are situated, a contest may be filed
as herebefore provided, and such contest shall be upon the right
of applicant to purchase, as provided in the foregoing sections of
this act. If the party making contest shall fail to establish a
prior right to purchase, said party shall be liable for the costs
resulting direct from such contest, except private attorney fees,
and the sum of such costs shall be paid by such contestant into
the State Treasury Department, and, upon such payment being
made, shall be entitled to a receipt for the same. (Laws '95,
p. 37, §5; B. C., §2237; P. C., §6840.)
$199. Act Applies to Oyster Lands Only.
This act* shall in no manner apply to the prvisions of the act
of March 26, 1890, providing for the appraisal and disposition.
of tide and shore lands in the State of Washington, except as
far as it relates to lands actually used or to be used for the pur-
pose of oyster planting. (Laws '95, p. 38, §6; B. C., §2238;
P. C., §6841.)
$200. Sale of Tide Lands for Oyster Planting.
Any person desiring to purchase tide lands for the purpose of
oyster planting may purchase tide lands of the third class not
included in any natural oyster beds or any reserve pursuant to
the provisions of this act, in subordination to any preemption
right confirmed [conferred] by said act of March 26, 1890.
Nothing in this act* shall be construed so as to affect the prefer-
ence rights of shore or upland owners, or improvers, as conferred
* §§194-205.
LAND LAWS OF WASHINGTON
123
by the provisions of said act or other provisions of law. (Laws
'95, p. 38, §7; B. C., §2239, P. C., §6842.)
A deed from the state of tide lands of the second class must be considered as
made after a finding of the state land department as to the character of the
land, and includes all the abutting tide lands; and such a deed is not open to
collateral attack by a subsequent application to purchase a portion of the same
lands as oyster lands: Welsh v. Callvert, 34 Wash. 250.
$201. Citizens Only May Purchase.
No person shall be entitled, directly or indirectly, to the priv-
iliges of this act* who is not an actual resident and citizen of the
United States and State of Washington, and no person not a
citizen of the State of Washington shall be competent to ac-
quire deeds to any lands sold by the state under the provisions
of this act: Provided, That any citizen of the United States, and
not a citizen of the State of Washington, or any corporation or-
ganized under the laws of any other state other than the State
of Washington that has planted and cultivated and planted in
oysters any tract or tracts or parcels of such lands for the period
of five years next preceding January 1, 1895, shall have the
exclusive right to purchase such tract or tracts or parcels of
land so planted and cultivated as aforesaid, but not exceeding
100 acres in the aggregate, such prior right to be within six
months after the approval of this act. And failure to make appli-
cation to purchase said lands within said six months by such
person or corporation shall forfeit the right hereby granted to
such person or corporations to purchase any of such lands.
(Laws '95, p. 38, §8; B. C., §2240; P. C., §6843.)
$202. Abandonment.
If from any cause any tract or tracts, parcel or parcels of
land purchased under the provisions of this act* shall become
unfit and valueless for the purposes of oyster planting, the party
having so purchased and being in the possession of the same
may upon certifying such fact under oath to the Commissioner
c Public Lands and to the auditor of the county wherein such
lands are situated and also upon filing under oath a certificate
of abandonment of such tract or tracts, parcel or parcels of land,
* §§194-205.
124
LAND LAWS OF WASHINGTON
in the office of each of said officials, such party shall then be en-
titled to again make purchase, as hereinbefore provided; or if
said land be used by the purchasers or any successors in interest
of such purchaser in whole or in part for other than the purposes
specified in this act, then upon application by any citizen to the
State Land Commissioner such sale may be canceled, and the
said land shall revert to the state and shall be subject to sale as
herein provided, but not to such defaulting purchaser or such
defaulting successor in interest. (Laws '95, p. 38, §9; B. C.,
§2240; P. C., §6844.)
$203. Act Not to Apply to Lands Heretofore Surveyed.
The provisions of this act* shall not apply to such lands as
have already been surveyed, appraised and platted. (Laws '95,
p. 39, §10; B. C., §2241; P. C., §6845.)
$204. Removal of Oysters From Lands Sold.
Any person who has prior to the twenty-sixth day of March,
Anno Domini eighteen hundred and ninety, planted oyster beds
upon any of the tide or shore lands of this state, shall be granted
a period of not less than six months and not more than three
years after said land has been sold by the state, to remove the
same; the time to be determined by the Commissioner of Public
Lands. And any person shall have the exclusive possession of
said tide or shore lands during the time that he has to remove the
said oysters under the provisions of this act: Provided, That in
case any planter of oysters shall fail within the time allotted to
remove the said oysters, he shall be deemed to forfeit the same to
the purchaser or owner of said lands: Provided, That this shall
not apply to tide lands within two miles of an incorporated city.
(Laws '91, p. 208, §1; B. C., §3364; P. C., §6849.)
§205. Word "Person" Construed.
Whenever the word "person" is used in this act,* it shall be
deemed to mean person, persons, firm or corporation. (Laws '91,
p. 208, §2; B. C., §3365; P. C., §6850.)
* §§194-205.
LAND LAWS OF WASHINGTON
125
PROPAGATION OF OYSTERS.
$206. Leasing of Lands for Oyster Culture.
All lands in the waters of the State of Washington lying below
extreme low tide, not covered by natural oyster beds, and not in
front of any incorporated city or town nor within two miles on
either side thereof shall be subject to lease, for the purpose of
planting and cultivating thereon artificial oyster beds, under the
provisions of this act. (Laws 299, p. 272, §1; P. C., §6856.)
$207. Prior Right to Lease.
All persons who, prior to the passage of this act,* in good faith
entered upon lands not in front of any incorporated city or
town, nor within two miles thereof on either side, and planted and
cultivated thereon artificial oyster beds, and who continue to
occupy and work the same, and who are now in possession of
and working said oyster beds in good faith, shall have the prior
right to lease for a period of six months from and after the
passage of this act. (Laws '99, p. 273, §2; P. C., §6857.)
§208. Applications in Duplicate.
Survey and description of all tracts applied for shall be in
duplicate, one of which shall be filed with and be recorded by the
county auditor of the county in which said lands are situated in
a book kept by him for such special purpose, and a duplicate
description in the office of the Commissioner of Public Lands.
(Laws '99, p. 275, §9; P. C., §6864.)
$209. Application.
Applications for the lease of land for the cultivation of deep
sea oysters under the provisions of this act shall be made to the
Commissioner of Public Lands and shall be accompanied by a
map or plat of the lands so to be leased. The Commissioner of
Public Lands shall upon receipt of such application direct the
Fish Commissioner to immediately inspect the lands applied for
and report to the Commissioner of Public Lands his findings as
to the following facts:
* §§206-216.
126
LAND LAWS OF WASHINGTON
First. Whether the land or any portion therof is a natural
oyster bed.
Second. Whether it be necessary in order to secure adequate
protection to any natural oyster bed to retain to the public do-
main the land the application for the lease of which has been
made or any part thereof.
Third. Whether the land or any portion thereof having been a
natural oyster bed within ten years past may reasonably be ex-
pected to again become such within ten years in the future.
(Laws '99, p. 273, §3; P. C., 6858.)
$210. Terms of Lease-Hearing.
In case all of the above three questions be answered negatively,
the Commissioner of Public Lands shall immediately issue to the
applicant therefor a lease for the term of twenty (20) years of
the lands so applied for at an annual rental of twenty-five cents.
Should the Fish Commissioner answer one or more of
per acre.
the above three questions affirmatively, the Commissioner of Pub-
lic Lands shall investigate the matter at a public hearing in the
county where the lands in question are situated. Due notice of
such hearing shall be given by the said Land Commissioner by
publishing a notice to that effect in some paper of general cir-
culation in the county, at the expense of the applicant, not less
than one week and not more than four weeks before the date of
hearing. Unless at such hearing it be conclusively shown to the
Commissioner of Public Lands that in the matters at issue the
Fish Commissioner was in error, he shall refuse to lease such
lands or such portion thereof as may be determined by the fore-
going restrictions. Application for the lease of land thus with-
held may not be made again within six years, except that the
person last making application may repeat the application dur-
ing the three months next preceding the expiration of the six
years. (Laws '99, p. 273, §4; P. C., §6859.)
$211. Description.
All applications for the lease of oyster lands under this act*
shall, in addition to the surveyor's description by metes and
* §§206-216.
LAND LAWS OF WASHINGTON
127
Lounds, make description in such local geography as shall suffice
to convey a knowledge of its location with reasonable accuracy to
1sons acquainted with the vicinity. (Laws '99, p. 274, §5;
P. C., §6860.)
pc
§212. Limitation of Area.
All applications for lease of oyster lands under the provisions
of this act shall be for an area not to exceed forty acres to any
one person, and such application shall be accompanied by an
affidavit under oath, that the party making such application
leases said lands for the purpose of oyster culture only. (Laws
'99, p. 274, §6; P. C., §6861.)
§213. Reversion.
It shall be expressly provided in the lease of any such oyster
land that if at any time after the granting of said lease the lands
described therein shall cease to be used for the purposes of an
artificial oyster bed, it shall thereupon revert to, and become the
property of the State of Washington, and that the same is
leased to the lessee only for the purposes of cultivating oysters
thereon, and the State of Washington hereby reserves the right
to enter upon and take possession of said tract or tracts, if at any
time the same is used for any other purpose than the cultivation
of oysters. (Laws '99, p. 274, §7; P. C., §6862.)
$214. Abandonment.
If from any cause any tract or tracts, parcel or parcels of
land leased under the provisions of this act, shall become unfit
and valueless for the purpose of oyster culture, the party having
so leased or being in possession of the same, may, upon certifying
such fact under oath to the Commissioner of Public Lands and
to the auditor of the county wherein such lands are situated, also
upon filing under oath a certificate of abandonment of such tract
or tracts, parcel or parcels of land, in the office of each of said
officials, such party shall then be entitled to lease other lands as
hereinbefore provided. (Laws '99, p. 275, §10; P. C., §6865.)
128
LAND LAWS OF WASHINGTON
$215. As to Dredging.
The Fish Commissioner of Washington may and he is hereby
authorized to dredge or permit others to dredge in all the waters
of the State of Washington for the purpose of discovering
whether any particular waters, not already reserved, leased or
appropriated under existing laws, or the provisions of this act,
contain oysters in a natural state, and regulate the taking
thereof, under such rules as the Fish Commissioner may pre-
scribe. (Laws '99, p. 275, §11; P. C., §6866.)
$216. Application of Act.
This act shall in no manner apply to the provisions of any act
heretofore enacted by the Legislature of the State of Washing-
ton providing for the sale of tide and shore lands for the pur-
pose of oyster planting and the manner of taking oysters from
said tide land beds. (Laws '99, p. 275, §8; P. C., §6863.)
$217. Planter's Rights.
When any person has, acting in good faith, planted oysters
on any tide or shore lands not containing any bed of natural
oysters belonging to the State of Washington and not other-
wise occupied for purposes of trade or commerce, such oysters
shall, pending the sale, lease or reservation of such lands by the
state, be considered as personal property, and the unauthorized
taking of the same shall subject the offender to civil and criminal
prosecution as in any similar case of violation of property rights:
Provided, That the grounds holding the oysters have been kept
suitably marked by stakes or other landmarks, but such stakes
or other landmarks having been removed by accident or design
shall not excuse any person from wrongfully taking the oysters
thereby marked if he knew the grounds to have been planted with
oysters. (Laws '95, p. 46, §1; B. C., §3366; P. C., §6851.)
$218. Deep Water Planting.
When any person has, acting in good faith, planted oysters
on any grounds lying deeper than the level of the water, said
grounds being under the jurisdiction of the State of Washing-
* §§206–216.
LAND LAWS OF WASHINGTON
129
ton, and not otherwise occupied for the purpose of trade or
commerce, such oysters shall, pending the sale, lease or reser-
vation of such lands by the State of Washington, be considered
as personal property, and the unauthorized taking of the same
shall subject the offender to civil and criminal prosecution as in
any similar case of violation of property rights: Provided, That
the grounds holding the oysters have been kept suitably marked
by stakes or other landmarks, but such stakes or other land-
marks having been removed by accident or design shall not excuse
any person for wrongfully taking the oysters thereby marked if
he knew the grounds to have been planted with the oysters.
(Laws '95, p. 46, §2; B. C., §3367; P. C., §6752.)
$219. This Act Confers No Right to Purchase.
Nothing in this act* shall be construed as giving any prior
or exclusive right of purchase or lease from the State of Wash-
ington of any shore and tide land or deeper lands when the same
may or shall be disposed of by the state or offered by the state
for sale or lease, nor shall it be construed as in any way remov-
ing, diminishing or affecting any such rights heretofore pro-
vided for by any act, or hereafter to be provided for by any act,
neither shall this act be in any way amendatory to an act en-
titled “An act to protect persons who have planted oysters upon
tide and shore lands prior to March twenty-sixth, eighteen hun-
dred and ninety." (Laws '95, p. 47, §3; B. C., §3368; P. C.,
$6853.)
DISCOVERY OF OYSTER BEDS.
$220. Rights of Person Discovering.
Any person or persons, being a citizen or citizens of the
United States, who shall discover any bed or beds of oysters in
any bay or arm of the sea bordering upon this state, that has
not been before discovered, shall, by right of said discovery, be
entitled to the exclusive right or privilege of gathering or dredg-
ing oysters on said bed or beds for the term of five years. The
person, or persons, making such discovery, who desires to avail
* §§217-219.
- 9
130
LAND LAWS OF WASHINGTON
himself of the rights and privileges hereby granted, shall be re-
quired to designate the place and area of the bed or beds so dis-
covered, with the stakes or other artificial marks, and shall make
affidavit before the county auditor of the county in which such
discovery has been made, that he located the premises so discov-
cred, accompanied by a description and diagram of the same,
which shall be filed in the office of said county auditor: Provided,
That the restriction and protection of the discoveries shall be
ten acres. (Code 1881, §1198; B. C., §3362; P. C., §1830.)
Recognized as still in force by Laws of 1895, p. 49, §1.
$221. Penalty for Gathering Oysters From Bed Located by Another.
It shall not be lawful for any person to gather oysters by any
means on any beds located in accordance with the preceding sec-
tion, except at the option and by the permission of the party or
parties holding the same, under a penalty of five hundred dollars
fine for so offending, or imprisonment, to be recovered in a civil
action, to be brought in the name of the state. (Code 1881,
$1199; B. C., §3363; P. C., §1831.)
ASSESSMENT OF STATE LANDS FOR LOCAL
IMPROVEMENT.
§222. Interest in Tide Lands Subject to Special Assessments.
That all leasehold, contractual or possessory interests in any
tide lands owned by the State of Washington in fee simple (in
trust or otherwise), situated within the limits of any incorporated
city or town in this state, and which have been leased by the
state, or which are held by any person, firm, association, private
corporation or municipal corporation under a contract of pur-
chase from the state, may be assessed and charged for the cost
of all local improvements specially benefiting such leasehold, con-
tractual or possessory interest, which may be ordered by the
proper authorities of such city or town; and such leasehold, con-
tractual or possessory interest, for all the purposes of the as-
LAND LAWS OF WASHINGTON
131
sessment and collection of the cost of any such local improve-
ment, shall be treated as the private property of such lessee or
owner of such contractual or possessory interest: Provided, That
the provisions of this section of this act shall apply only to tide
lands: And, provided further, That nothing in this section shall
be construed to affect the title of the state, nor shall any lien for
such assessment attach to the fee simple title of the state. (Laws
'05, p. 267, §1; P. C., §38170.)
$223. Assessment of Other State Lands.
That all lands other than tide lands held or owned by the State
of Washington in fee simple (in trust or otherwise), situated
within the limits of any incorporated city or town in this state,
may be assessed and charged for the cost of all local improve-
ments especially benefiting such lands which may be ordered by
the proper authorities of such cities or towns. (Laws '05, p.
267, §2; P. C., §3817p.)
$224.
Manner of Assessment.
In all local improvement assessment districts in any incor-
porated city or town in this state property in such district, other
than tide lands, held or owned by the state shall be assessed and
charged for its portion of the cost of such local improvement in
the same manner as other property in such district: Provided,
That none of the provisions of this act* shall have the effect, or
be construed to have the effect, to alter or modify in any par-
ticular any existing lease of any lands or property owned by the
state, or release or discharge any lessee of any such lands or
property from any of the obligations, covenants or conditions
of the contract under which any such lands or property are
leased or held by any such lessee. (Laws '05, p. 268, §3; P. C.,
§3817r.)
§225. Assessment-Payment.
Upon the approval and confirmation of the assessment roll for
any local improvement ordered by the proper authorities of any
incorporated city or town in this state, the city or town treasurer
* §§222-228.
1
132
LAND LAWS OF WASHINGTON
#
shall certify and forward to the Commissioner of Public Lands
of the State of Washington a statement of all the lots or par-
cels of lands (other than tide lands), held or owned by the state,
and charged on such assessment roll for the cost of such local
improvement, separately describing each such lot or parcel of
the state's land, with the amount of the assessment charged
against it; the Commissioner of Public Lands shall charge
against each such lot or parcel of land owned or held by the
state, the amount of the local assessment so certified by the city
or town treasurer, and shall then certify said statement to the
State Auditor, who shall, at the next session of the Legislature,
certify to the Legislature the amount of such local assessments
charged against such land of the state, and the Legislature shall
provide for the payment of the same, with interest, by appro-
priation out of the general fund of the state. (Laws '05, p.
268, §4; P. C., §3817s.)
$226. Purchase Price to Include Assessment.
When any land, other than tide land, owned or held by the
state within incorporated cities or towns in this state, against
which local improvement assessments have been paid as pro-
vided for by the provisions of sections two, three and four of
this act, is offered for sale, there shall be added to the appraised
value of such land, as provided by law, the amount of the local
improvement assessments paid by the state, which amount so
added shall be paid by the purchaser in cash at the time of the
sale of said land, in addition to the amounts otherwise due to
the state for said land, and no deed shall ever be executed until
such local assessment has been paid. (Laws '05, p. 268, §5;
P. C., §3817t.)
$227. Application of Act.
The provisions of this act* shall apply to all municipal cor-
porations, and charter or ordinance provisions to the contrary
notwithstanding. (Laws '05, p. 269, §6; P. C., §3818.)
* §§222-228.
LAND LAWS OF WASHINGTON
133
$228.
Nothing in any of the provisions of this act shall have the
effect, or be construed to have the effect, to alter or modify in
any particular any existing lease of any lands or property owned
by the state or any contract to purchase from the state any of
its land or property, or any agreement under which any posses-
sory or contractual interest in any lands of the state may be
owned or held by any person, firm, association, private corpora-
tion or municipal corporation, or to waive, release or discharge
any covenant, stipulation or obligation of any such lease, con-
tract or agreement, and whether the lands involved be tide lands
or other lands. (Laws '05, p. 269, §7; P. C., 3818a.)
$229.
Improvement Districts in Cities of First Class.
Any city of the first class in the State of Washington is here-
by authorized and empowered to include within any local im-
provement district formed by it the whole or any part of any
land in school sections or tide lands, title of which remains in
the State of Washington; and said city is authorized and em-
powered to assess the cost of any local improvement against any
such tide or school land in the same manner as if the same were
private property: Provided, however, That the interest of the
state in such property shall not be sold to satisfy the lien of such
assessment, but only such interest, or contract or other right
therein as may be in private ownership shall be subject to such
sale. (Laws '07, p. 123, §1.)
§230. State to Satisfy Lien-Rights of Purchaser.
Whenever any such tide or school land situated within the
city limits of any city of the first class has been included within
any local improvement district by such city, and the contract,
leasehold or other interest of any individual therein has been
purchased to satisfy the lien of such assessment for local im-
provement, the purchaser of such interest at such sale shall be
entitled to receive from the State of Washington, on demand, a
conveyance of the property purchased by him upon the payment
* §§222-228.
134
LAND LAWS OF WASHINGTON
to the state of the amount of balance which his predecessor in
interest was obligated to pay. (Laws '07, p. 123, §2.)
§231. Payment by State.
Where the state has made no lease or contract, or has granted
no right with reference to any such lands or any part thereof,
against which an assessment has been made for local improve-
ments, the state shall at the next session of the Legislature after
such improvement is made, if it still owns the land, appropriate
sufficient money to pay for such improvements, or the person
entitled to such money may apply to the proper state officers to
have such lands sold in the manner provided by law, and if the
said lands have not been appraised, the State Land Commissioner
shall, upon said application being made, cause the same to be
appraised, and the assessment for such improvement shall be
added to the appraised valuation of all such tracts owned by the
state, and such Land Commissioner shall cause the sale of such
lands to be made in the manner provided by law, but no sale
shall be made for less than the appraised value, plus the assess-
ment, against the tract to be sold. When such lands are sold,
the proper state officers are authorized to pay to the party en-
titled to receive the same, the amount or amounts of said assess-
ments for local improvements. (Laws '07, p. 124, §3.)
$232. Assessment for Dikes and Drains.
*
All state, school, granted or other lands shall be included
within the provisions of this act, and whenever any such land
will be benefited by such improvement they shall be included in
the apportionment of the costs of the improvement. When an
assessment has heretofore been made or is hereafter made against
any such land for such improvement it shall be assessed accord-
ing to the subdivision thereof and such land thereby placed upon
the tax rolls the same as other lands. (Laws '01, p. 112, §25;
amended Laws '05, p. 242, §1; amended Laws '07, p. 171, §1;
P. C., §2624b.
§233. List Certified to Land Commissioner.
The several county treasurers of this state shall, in each year,
within thirty days after the tax rolls have been received and filed
§§232-237.
LAND LAWS OF WASHINGTON
135
by them, make up and certify to the Commissioner of Public
Lands a list of all State, school and granted lands upon said
rolls against which special assessments have been levied under the
laws of this state for the construction or maintenance of any
diking system or any drainage system constructed and main-
tained under the laws of this state. Said certificate shall contain
(1) a description of the state, school or granted lands by legal
subdivisions, (2) the amount of the assessment against each legal
subdivision separately stated. (Laws '07, p. 125, §1.)
$234. Commissioner to Certify List to State Auditor.
As soon as the said assessments shall become due and payable
the Commissioner of Public Lands shall certify to the State
Auditor a list of all lands certified to him by the county treas-
urer, which have not been sold by the state, and his certificate
shall contain the same facts as to the land certified by him that
the certificate of the county treasurer shall contain as provided
for in section one of this act. (Laws '07, p. 125, §2.)
$235. Assessment Added to Appraised Value.
Upon issuing his certificate to the State Auditor as provided
for in section two of this act,* the Commissioner of Public Lands
shall make a minute upon his records showing the amount paid
and charge it to the tract of land against which it was assessed.
The valuation of the tract of land benefited by the diking or
drainage improvement shall not be raised by or on account
thereof, but when any of said land is offered for sale there shall
be added to the appraised value of such lands as provided for
by law the amount of such payments made by the state out of
the general fund, which amount so added shall be paid by the
purchaser in cash at the time of the sale of said land, and such.
additional sum shall be turned over to the State Treasurer and
placed to the general fund. (Laws '07, p. 125, §3.)
§236. State Auditor to Pay Assessment.
Upon receipt of the certificate of the Commissioner of Public
Lands herein provided for the State Auditor shall draw his war-
* §§233-237.
136
LAND LAWS OF WASHINGTON
rants in favor of the several county treasurers upon the general
fund for the payment of such assessments; and when he trans-
mits his warrants he shall certify to the several county treas-
urers a description of the lands upon which he pays the assess-
ment, the amount paid on each legal subdivision of land. (Laws
'07, p. 126, §4.)
§237. State Auditor's Estmate.
It shall be the duty of the State Auditor to include in his esti-
mate of the amount of money necessary to be appropriated for
the purposes of this act* a statement of the amount necessary to
pay the assessments certified to him. (Laws '07, p. 126, §5.)
Section 7 of the act of 1907 makes an appropriation of $5,000 for the payment of as-
sessments.
ARID LANDS AND IRRIGATION.
RECLAMATION OF STATE GRANTED AND SCHOOL
LANDS.
Waters of state for irrigation, etc., a public use: Art. 21, §1, Const., ante.
$238. State Lands to Be Reclaimed.
That the Commissioner of Public Lands of the State of Wash-
ington, be and is hereby authorized and empowered to receive
and file proposals, and to enter into contract as herein provided,
for the construction of irrigation works to reclaim any and all
of the lands granted to the State of Washington for any and all
purposes and uses. (Laws '05, p. 113, §1.)
FORMER LAWS:
thereto.
Laws '03, p. 309, §21; post 281, and note under former laws
NOTE. This and the next succeeding fourteen sections are Chapter 61, Laws
1905. This act is similar to act relating to acceptance and reclamation under
Carey act: Post §261 to $284.
$239. Proposals for Reclamation.
Any person, company or association of persons or incorpo-
rated company doing business in the State of Washington desir-
* §§233-237.
LAND LAWS OF WASHINGTON.
137
f
ing to construct ditches, canals or other irrigation works for the
reclamation of said lands, shall file with the Commissioner of
Public Lands, proposal to construct the ditches, canals or other
irrigation works necessary to the complete reclamation of said
lands. The proposal shall be prepared in accordance with the
rules adopted by the Commissioner of Public Lands. It shall
state the source of water supply, the location and dimension of
the proposed works, the location and character of the land pro-
posed to be irrigated, the price per acre at which perpetual water
right will be sold to settlers on the land to be irrigated, and shall
be accompanied by maps, plans and specifications of the pro-
posed works and land to be irrigated, which shall be considered
a part of the proposal. In the case of incorporated companies it
shall state the name of the company, the purpose of its incor-
poration, the names and places of residence of its trustees and
officers, the amount of its authorized and of its paid up capital.
If the applicant is not an incorporated company, the proposal
shall set forth the name or names of the party or parties and such
other facts as will enable the Commissioner of Public Lands to
determine his or their financial ability to carry out the proposed
undertaking. (Laws '05, p. 113, §2.)
FORMER LAWs: See note to §238.
$240. Good Faith.
A certified check for a sum not less than two hundred and fifty
dollars ($250.00) nor more than two thousand five hundred dol-
lars ($2,500.00), as may be determined by the Commissioner
of Public Lands, shall accompany each such proposal, the same
to be held as guarantee of the execution of the contract with the
state, in accordance with its terms by the party submitting such
proposal. In case of the approval of the same and the accept-
ance of the proposal by the Commissioner of Public Lands, and
to be forfeited to the state in case of the failure of said party to
enter into a contract with the state in accordance with the pro-
visions of this act.* (Laws '05, p. 114, §3.)
FORMER LAWS: See note to $238.
See post, §§248, 249.
* §238 to $252.
138
LAND LAWS OF WASHINGTON
$241. Land Commissioner-Discretion.
*
Immediately upon the receipt of any proposal as designated
in section 2, it shall be the duty of the Commissioner of Public
Lands to examine the same and ascertain if it complies in form
with the rules adopted by him as provided in section 2. If it
does not it is to be returned for correction; and if not corrected
within sixty days, it may be rejected by the Commissioner of
Public Lands. The Commissioner of Public Lands shall deter-
mine whether or not the proposed works are feasible and the
water provided is adequate, and whether the proposed irrigation
works described in the maps, plans and specifications, are ade-
quate for the irrigation of the lands intended to be irrigated.
When a request or proposal is not approved by the Commissioner
of Public Lands, he shall notify the party making such request
or proposal of his disapproval thereof, and the party so notified
shall have sixty days in which to make a satisfactory proposal,
but the Commissioner of Public Lands may, at his discretion,
extend the time six months. (Laws '05, p. 114, §4.)
FORMER LAWS: See note to $238.
$242. Approval.
If the plans and specifications for the proposed irrigation
works and the furnishing of a perpetual water supply for the
irrigation of said lands is approved by the Commissioner of
Public Lands, the said Commissioner of Public Lands is author-
ized and empowered to enter into a contract with the party sub-
mitting the proposal, which contract shall contain complete
specifications of the location, dimensions and character of the
proposed ditch, canal or other irrigation work; the price per
acre at which perpetual water rights shall be sold to the settler
or owner, which price may be paid in a lump sum or in ten an-
nual payments, as the settler or owner may elect; the amount of
water to be supplied and the price of the annual maintenance
fee per acre: Provided, That no contract under the provisions of
this act shall be entered into by the Commissioner of Public
* §239.
+ §§233-252.
LAND LAWS OF WASHINGTON
139
Lands until the same shall have been approved by the Attorney
General and the Governor. (Laws '05, p. 114, §5.)
FORMER LAWS: See note to $238.
§243. Time of Completion-Bond.
No contract shall be made by the Commissioner of Public
Lands which requires greater time than three years for the con-
struction of the works and such additional time as may be
granted by the Commissioner of Public Lands not to exceed two
years, and all contracts shall state that the work shall begin
within six months from the date of the contract; at least one-
tenth of the construtcion work shall be completed within twelve
months from the date of said contract, and the construction of
said works shall be prosecuted with reasonable diligence to com-
pletion. The Commissioner of Public Lands shall, before letting
any contract for the construction of any works herein provided
for, require the contractor to enter into a bond to the State of
Washington in the penal sum of not less than twenty per cent of
the estimated cost of the works, conditioned for the faithful per-
formance of the terms and conditions of said contract. (Laws
'05, p. 115, §6.)
FORMER LAWS: See note to $238.
$244. Failure, Receiver.
Upon the failure of any party having a contract with the
state for the construction of irrigation works, to begin the same.
within the time specified by the contract, or to complete the same
within the time sepecified by the contract, or to complete the same
within the time or in accordance with the specifications of the con-
tract with the state, it shall be the duty of the Commissioner of
Public Lands to give such party written notice of such failure
and if, after a period of sixty days from the giving of such no-
tice, such party shall have failed to proceed with the work or to
conform with the specifications of his contract with the state the
bond and contract of such party and all work constructed under
such contract shall be at once and thereby forfeited to the state,
and it shall be the duty of the Commissioner of Public Lands at
once, so to declare and to give notice once each week for a period
140
LAND LAWS OF WASHINGTON
of four weeks in some newspaper of general circulation in the
county in which the work is situated, and in one newspaper at
the State Capital in like manner and for a like period, that upon
a day fixed, proposals will be received at the office of the Com-
missioner of Public Lands for the purchase of the Incompleted
works and for the completion of said contract, the time for re-
ceiving said bids to be at least sixty days subsequent to the issu-
ing of the last notice of forfeiture. The money received from
the sale of partially completed works, under the provisions of
this section, shall first be applied to the expenses incurred by the
state in their forfeiture and disposal and to satisfy the bond, and
the surplus, if any exists, shall be paid to the original contractor
with the state. Whenever after the completion of said irriga-
tion works any contractor or his successors or assigns shall fail
to furnish an adequate amount of water to irrigate the lands of
water right owners or there shall exist other cause as provided
by law for the appointment of a receiver, the Attorney General
may apply for the appointment of a receiver to take possession
of the irrigation works and canal and other property of such
party and manage, operate, sell or dispose of same.
Such ap-
plication shall be made to the superior court of the county in
which the whole or some portion of the irrigation works or canal
of such party is situated; and the court or its receiver by order
of the court shall have and may exercise such powers as to the
possession, management, operation, sale or disposition of the
property and works of such party as is provided by the law re-
lating to receivers: Provided, That nothing herein contained
shall be taken or construed as limiting the right of any party to
have a receiver appointed as is in other cases provided by law.
(Laws '05, p. 115, §7.)
See post §251 and §269.
FORMER LAWS: See note to §238.
$245.
Non-Liablity of State.
Nothing in this act* shall be construed as authorizing the Com-
missioner of Public Lands to obligate the state to pay for any
* $238 to $252.
LAND LAWS OF WASHINGTON
141
work constructed under any contract or to hold the state in any
way responsible to settlers for the failure of contractors to com-
plete the work according to the terms of their contracts with the
state. (Laws '05, p. 116, §8.)
FORMER LAWS: See note to §238.
§246. Contracts Attach to Land.
Whenever application has been made to the Commissioner of
Public Lands for the purchase of any of the irrigible lands de-
scribed in this act as provided by law, the said application shall
be accompanied by the sworn statement of the applicant that he
is ready and willing to enter into contract with the person, com-
pany, or association of persons, or incorporated company, who
have been authorized by the Commissioner of Public Lands to
furnish water for the reclamation of said lands, which statement
shall be filed with said application, and the Commissioner of
Public Lands may thereupon proceed to the appraisement, ad-
vertisement and sale of said lands as provided by law. In case
of the sale of any lands to any party pursuant to the appraise-
ment and advertisement thereof, the Commissioner of Public
Lands shall not issue a contract therefor until there shall have
been filed in his office a certified copy of a contract for a per-
petual water right for said lands made and entered into by the
party purchasing the same with the person, company or associa-
tion of persons, or incorporated company, who have been author-
ized by the Commissioner of Public Lands to furnish water for
the reclamation of said lands. (Laws '05, p. 116, §9.)
FORMER LAWS: See note to §238.
§247. Water Right Runs With Land.
The water right to all land acquired under the provisions of
this act shall attach to and become appurtenant to the land.
Any person, company or association of persons, or incorporated
company furnishing water for any tract of land shall have a
prior lien on said water right and land upon which said water is
used for all deferred payments for said water right and for any
* §238 to §252.
142
LAND LAWS OF WASHINGTON
maintenance fee due, said lien to be in all respects prior to any
other lien or liens created or attempted to be created by the owner
or possessor of said land; said lien to remain in full force and
effect until the last deferred payment for the water right is fully
paid and satisfied according to the terms of the contract under
which said water right was acquired and until all delinquent
maintenance fees are fuly paid. The contract for the water
right upon which the aforesaid lien is founded shall be recorded
in the office of the county auditor of the county where the land is
situated. Upon default of any of the deferred payments se-
cured by any lien under the provisions of this act or maintenance
fee, the person, company or association of persons, or incorpo-
rated company holding or owning said lien, may foreclose the
same according to the 'conditions and terms of the contract
granting and selling to the settler or owner the water right and
providing for a maintenance fee. All sales shall be advertised
in a newspaper of general circulation, published in the county
where said land and water right are situated, once a week for
four consecutive weeks, and shall be sold to the highest bidder
at the front door of the court house of the county, or such place
as may be agreed upon by the terms of the contract. And the
sheriff of said county shall in all such cases give notice of sale
and shall sell such land and water right and shall make and de-
liver a certificate of sale to the purchaser, and at such sale no
person, company or association of persons or incorporated com-
pany, owning or holding any lien shall bid in or purchase any
land or water right at a greater price than the amount due on
deferred payment or payments for said water right and mainte-
nance fee due and the costs incurred in making the sale of the
land and water right. At any time within nine months after the
foreclosure sale by the sheriff of the land and water right as
aforesaid, the original owner, against whom the lien has been
foreclosed, or any party entitled to redeem the land sold under
execution may redeem the land and water right so sold in the
same manner and order and under the same procedure as is or
may be provided by law for the redemption of land sold under
execution. The party redeeming said land and water right
LAND LAWS OF WASHINGTON
143
shall pay to the sheriff the amount for which said land and water
right was sold and costs and increased costs, together with inter-
est thereon at the legal rate, and all taxes and payments made
subsequent to such foreclosure as well as all maintenance fees at
the time of redemption with interest at like rate. If there be
more than one redemption each successive redemption shall be
made within six (6) weeks after the last preceding redemption.
And where the lien holder becomes the purchaser at such fore-
closure sale, and in no other case, if such land and water right be
not redeemed by the original owner or other person entitled to
redeem as above provided within nine (9) months then at any
time within three (3) months after the expiration of such nine
(9) months any person desiring to settle upon and use such land
and water right may redeem the said land and water right in the
manner hereinafter provided for redemption by the owner or
other redemptioners. Where such land and water right are not
purchased by the lien holder at such foreclosure sale the sheriff
shall pay out the proceeds of such sale as follows:
First. He shall retain all charges, costs and fees for his serv-
ices and account for the same as in civil cases.
Second. To lienholders or his assigns the amount of the lien
together with all interest, costs and fixed charges thereon.
Third. The balance, if any remaining, to the person against
whom such lien was foreclosed or his assigns.
The
When the period of redemption shall have expired the sheriff
or his successors in office shall execute a proper conveyance of
the land and water right sold, to the party entitled thereto.
foreclosure herein provided for may be transferred to the supe-
rior court of the proper county in the same manner and with like
effect as foreclosures of chattel mortgages on notice may be
transferred. (Laws '05, p. 117, §10.)
FORMER LAWS: See note to §238.
See post $251.
Water right an improvement, §57, ante.
$248. Maps.
The maps in the office of the Commissioner of Public Lands
of the lands proposed to be irrigated under the provisions of this
144
LAND LAWS OF WASHINGTON
*
act, shall show the location of the canals or other irrigation
works approved in the contract with the Commissioner of Public
Lands, and all lands described therein belonging to the State of
Washington shall be subject to the right of way of such canals,
distribution system and irrigation works, such right of way to
embrace the entire width of the canal, distribution and irrigation
works and such additional width as may be required for their
proper operation and maintenance. (Laws '05, p. 119, §11.)
FORMER LAWS: See note to $238.
$249. Rules for Filing Proposals.
The Commissioner of Public Lands shall provide suitable
rules for the filing of proposals for the construction of irrigation
works. There shall be kept in the office of the Commissioner of
l'ublic Lands, for public inspection, copies of all maps, plats,
contracts for the construction of irrigation works, and of the
purchase of the land by settlers. He shall require from each
person, company or association of persons, or incorporated com-
pany engaged in the construction of irrigation works under the
provisions of this act, an annual report, to be submitted to him
on or before November 1st, of each year. This report shall
show the number of water rights sold, the number of users of
water under said irrigation works, the legal subdivisions of land
for which water is to be furnished, the names of the officers of the
company, the acreage of land which the said irrigation works
are prepared to supply with water, and such other data as the
Commissioner of Public Lands may see fit to require. (Laws '05,
p. 119, §12.)
FORMER LAWs: See note to §238.
$250. Report to Governor.
The Commissioner of Public Lands shall include in his biennial
report to the Governor a report setting forth in detail the names,
location and character of the irrigation works in process of con-
struction, the acreage and legal subdivisions of land intended to
be reclaimed and the terms of payment for water right sold.
(Laws '05, p. 119, §13.)
FORMER LAWs: See note tọ §238.
* §238 to $252.
LAND LAWS OF WASHINGTON
145
§251. Suits in Name of State.
Ail suits or actions brought by the Commissioner of Public
Lands under the provisions of this act, shall be instituted by
him in the name of the State of Washington. (Laws '05, p. 119,
$14.)
FORMER LAWS: See note to §238.
§252. Former Acts Not Affected.
Nothing in this act shall be construed as a repeal, amend-
ment or modification in any respect of an act entitled "An act
to provide for the acceptance by the State of Washington from
the United States of certain desert lands, and providing for the
reclamation, occupation and disposal of the same, and declaring
an emergency," approved March 16, 1903.† (Laws '05, p. 119,
$15.)
Post $261 to $284.
$253. Eminent Domain to United States.
The United States is hereby granted the right to exercise the
power of eminent domain to acquire the right to the use of any
water, to acquire or extinguish any rights, and to acquire any
lands or other property, for the construction, operation, repairs
to, maintenance or control of any plant or system of works for
the storage, conveyance, or use of water for irrigation purposes,
and whether such water, rights, lands or other property so to be
acquired belong to any private party, association, corporation or
to the State of Washington, or any municipality thereof; and
such power of eminent domain shall be exercised under and by
the same procedure as now is or may be hereafter provided by
the law of this state for the exercise of the right of eminent do-
main by ordinary railroad corporations, except that the United
States may exercise such right in the proper court of the United
States as well as the proper state court. (Laws '05, p. 180, §1.)
NOTE. This and the next succeeding seven sections are from Chapter 88,
Laws '05, approved March 4, 1905, with an emergency.
See rights to federal government generally, supra 160, et seq.
* §238 to §252.
+ §§261-284.
-10
146
LAND LAWS OF WASHINGTON
$254. Right to Divert and Store Waters.
The United States shall have the right to turn into any nat-
ural or artificial water course, any water that it may have ac-
quired the right to store, divert, or store and divert, and may
again divert and reclaim said waters from said water course for
irrigation purposes subject to existing rights. (Laws '05, p.
180, §2.)
$255. Rights Pending Examination.
Whenever the Secretary of the Interior of the United States,
or any officer of the United States duly authorized, shall notify
the Commissioner of Public Lands of this state that pursuant to
the provisions of the act* of Congress approved June 17, 1902,
entitled, "An Act appropriating the receipts from the sale and
disposal of public lands in certain states and territories to the
construction of irrigation works for the reclamation of arid
lands," or any amendment of said act or substitute therefor, the
United States intends to make examinations or surveys for the
utilization of certain specified waters, the waters so described
shall not thereafter be subject to appropriation under any law
of this state for a period of one year from and after the date of
the receipt of such notice by such Commissioner of Public Lands;
but such notice shall not in any wise affect the appropriation of
any water theretofore in good faith initiated under any law of
this state, but such appropriation may be completed in accord-
ance with the law in the same manner and to the same extent as
though such notice had not been given. No adverse claim to any
of such waters initiated subsequent to the receipt by the Com-
missioner of Public Lands of such notice shall be recognized,
under the laws of this state, except as to such amount of the
waters described in such notice or certificate hereinafter provided
as may be formally released in writing by a duly authorized offi-
cer of the United States. If the said Secretary of the Interior
or other duly authorized officer of the United States shall, before
the expiration of said period of one year, certify in writing to
the said Commissioner of Public Lands that the project contem-
* Appendix
LAND LAWS OF WASHINGTON
147
plated in such notice appears to be feasible and that the investi-
gation will be made in detail, the waters specified in such notice
shall not be subject to appropriation under any law of this state
for the further period of three years following the date of re-
ceipt of such certificate, and such further time as the Commis-
sioner of Public Lands may grant; upon application of the
United States or some one of its authorized officers and notice
thereof first published once in each week for four consecutive
weeks in a newspaper published in the county where the works
for the utilization of such waters are to be constructed, and if
such works are to be in or extend into two or more counties, then
for the same period in a newspaper in each of such counties:
Provided, That in case such certificate shall not be filed with said
Commissioner of Public Lands within the period of one year
herein limited therefor the waters specified in such notice shall,
after the expiration of said period of one year, become unaffected
by such notice and subject to appropriation as they would have
been had such notice never been given: And provided further,
That in case such certificate be filed within said one year and the
United States does not authorize the construction of works for
the utilization of such waters within said three years after the
filing of said certificate then the waters specified in such notice
and certificate shall, after the expiration of said last named
period of three years, become unaffected by such notice or cer-
tificate and subject to appropriation as they would have been
had such notice never been given and such certificate never filed.
(Laws '05, p. 180, §3.)
§256. Appropriation of Water.
Whenever said Secretary of the Interior or other duly author-
ized officer of the United States shall cause to be let a contract
for the construction of any irrigation works, or any works for
the storage of water for use in irrigation, or any portion or sec-
tion thereof, for which the withdrawal has been effected as pro-
vided in section 255, any authorized officer of the United States,
either in the name of the United States or in such name as may
be determined by the Secretary of the Interior, may appropri-
148
LAND LAWS OF WASHINGTON
ate, in behalf of the United States, so much of the unappropri-
ated waters of the state as may be required for the project, such
appropriation to be made, maintained and perfected in the same
manner and to the same extent as though such appropriation
had been made by a private person, corporation or association,
except as to the time for the initiation, prosecution and comple-
tion of the necessary works for the utilization of the waters so
appropriated; which time shall be controlled by the provisions
of section 255. Such appropriation by or on behalf of the
United States shall inure to the United States, and its successors
in interest, in the same manner and to the same extent as though
said appropriation had been made by a private person, corpora-
tion or association. The title to the beds and shores of any
navigable lake or stream utilized by the construction of any
reservoir or other irrigation works created or constructed as a
part of such appropriation hereinbefore in this section provided
for, shall vest in the United States to the extent necessary for the
maintenance, operation and control of such reservoir or other ir-
rigation works. (Laws '05, p. 182, §4.)
$257. Rights-of-Way Over State Lands.
When the notice provided for in section 3* shall be given to
the Commissioner of Public Lands the proper officers of the
United States may file with the said Commissioner a list of lands
(including in the term "lands" as here used, the beds and shores
of any lake, river, stream, or other waters) owned by the state,
over or upon which the United States may require rights-of-way
for canals, ditches or laterals or sites for reservoirs and struc-
tures therefor or appurtenant thereto, or such additional rights-
of-way and quantity of land as may be required for the opera-
tion and maintenance of the completed works for the irrigation
project contemplated in such notice, and the filing of such list
shall constitute a reservation from the sale or other disposal by
the state of such lands so described, which reservation shall, upon
the completion of such works and upon the United States by
its proper officers filing with the Commissioner of Public Lands
of the state a description of such lands by metes and bounds or
* § 255.
LAND LAWS OF WASHINGTON
149
other definite description, ripen into a grant from the state to
the United States. The state, in the disposal of lands granted
from the United States to the state, shall reserve for the United
States rights-of-way for ditches, canals, laterals, telephone and
transmission lines which may be required by the United States
for the construction, operation and maintenance of irrigation
works. (Laws '05, p. 182, §5.)
$258. State Lands Sold Subject to Federal Regulation.
After the receipt by the Commissioner of Public Lands of
the notice from the Secretary of the Interior or other officer of
the United States provided for in section 3,* no lands belong-
ing to the state, susceptible of irrigation and within the area to
be irrigated from the works projected by the United States and
specified in such notice shall be sold except in conformity to
the classification of farm units by the United States, and the
title to such lands shall not pass from the state until the appli-
cant therefor shall have fully complied with the provisions of
the laws of the United States and the regulations thereunder
concerning the acquisition of the right to use water from such
works and shall produce the evidence thereof duly issued: Pro-
vided, That the restrictions upon the sale or other disposal by the
state of any state lands provided for in this section shall con-
tinue for the same periods, respectively, and upon the same con-
ditions, as specified in section 3* for the withdrawal of waters
from appropriation: And provided further, That in case the
authorization by the United States for the construction of irri-
gation works pursuant to section 3* shall be made within the
period of three years specified therefor in said section, then the
restrictions upon and conditions prescribed for the sale or other
disposal of said lands in this section shall continue so long as
any such lands shall remain unsold or not disposed of. (Laws
'05, p. 183, §6.)
§259. Water Users' Association Exempt From Taxes.
That any water users' association which is organized in con-
formity with the requirements of the United States under said
act of Congress, and which under its articles of incorporation is
* § 255.
150
LAND LAWS OF WASHINGTON
1
authorized to furnish water only to its stockholders, shall be
exempt from the payment of any incorporation tax, and from
the payment of any annual franchise tax; but shall be required
to pay, as preliminary to its incorproation, only a fee of twenty
dollars for the filing and recording of its articles of incorpora-
tion and the issuance of certificate of incorporation. (Laws '05,
p. 184, §7.)
$260. Stock Books-County Auditor.
It shall be the duty of the county auditor to provide record
books containing printed forms of the articles of incorporation
and stock subscriptions to the stock of water users' associations
organized in conformity with the requirements of the United
States under said act of Congress, and to use such books for re-
cording stock subscriptions of such associations; and the charges
for the recording thereof shall be made on the basis of the num-
ber of words actually written therein and not for the printed
form. (Laws '05, p. 184, §8.)
ACCEPTANCE AND RECLAMATION UNDER CAREY ACT.
$261. Acceptance of Arid Land Grant.
That the State of Washington hereby accepts the condition
of section four (4) of an act* of Congress, entitled "An Act
making appropriations for sundry civil expenses of the Govern-
ment for the fiscal year ending July 30th, 1895, and for other
purposes," approved August 18th, A. D., 1894, and all acts
subsequent and relating thereto together with all the grants of
land to the state under the provisions of the aforesaid acts.
(Laws '03, p. 299, §1.)
FORMER LAWS: Laws '95, p. 452, §1.
NOTE. The act of March 22, 1895, entitled "An act accepting the terms of
the act of congress, approved August 18, 1894, providing for the reclamation,
settlement and disposition of the one million acres of arid land granted therein,
making appropriations therefor, and declaring an emergency,'
and declaring an emergency," (Laws 1895,
p.
452), was repealed, excepting section one therein, by section 70, chapter 89, p.
229, Laws 1897, approved March 16, 1897, containing an emergency; no mention
of the repeal is made in title of act, and see Howlett v. Cheetham, 17 Wash. 626,
holding it was not the intention of the Legislature to repeal such act. On March
19, 1897, Chapter 117, p. 345, Laws 1897, was passed:
*See Appendix.
LAND LAWS OF WASHINGTON
151
AN ACT to amend an act entitled an act accepting the terms of the act of con-
gress, approved August 18, 1894, providing for the reclamation, settlement and
disposition of the one million acres of arid land granted therein, making ap-
propriation therefor, and declaring an emergency, approved March 22nd, 1895,
and providing further for carrying into effect said grant.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. Section 3 of chapter 166 of the Session Laws of 1895 is hereby
amended to read as follows: Sec. 3. It shall be the duty of the Commissioner of
Irrigation to examine, or cause to be examined, such of the arid lands within the
state belonging to the public domain, that can, with an expense not incommen-
surate with their value when reclaimed from their aridity, be irrigated, and shall
collect data and information concerning the nature of the soil, location and
adaptability to cultivation of such lands, and concerning the streams and water
that may be used for irrigating the same, and the precipitation each year in the
mountains draining into such streams as can be used in irrigating said lands, for
the purpose of predicting the probable flow of water in such streams. He shall
make, or cause to be made, careful measurements and estimates of the flow of
water in all such streams. He shall prepare maps of such arid lands which can
be thus irrigated, and plans showing the proposed modes of irrigation, showing
the source and quantity of water proposed to be used, and the size and proposed
location of the ditches, canals, flumes, pipe lines or reservoirs to be used for con-
veying or collecting the water upon the lands proposed to be irrigated, and the
elevation thereof above said lands; and shall, as construction proceeds of any
dams, ditches, canals, flumes, reservoirs, pumping works or any other works for
the purpose of irrigation under the provisions of this act, examine and see that
all such construction work is done in a substantial manner and in accordance
with the approved plans thereof. He shall have power to employ an engineer at
a salary not to exceed one hundred dollars per month, and such other assistants
and employes to assist him in the discharge of the duties herein prescribed as
may be necessary, and shall verify, as herein provided, all claims and applications
of any such assistants or employes for their compensation for the services per-
formed by them; and he is further empowered to contract for the construction of
ditches or canals, the building of dams and reservoirs, the sinking of artesian
wells, the irrigation, reclamation, settlement and sale of said arid lands, and to
do and perform any and all things whatsoever necessary to be done in carrying
into effect the objects of this act, and he is hereby authorized and directed to
make all necessary rules and regulations for carrying out the true intent and
spirit of this act. He shall prepare and render to the governor, at the time
when other state officers' reports are required to be made, a full and true report
of his work regarding all matters and duties devolving upon him by virtue of his
office, which report shall contain a detailed and itemized statement of all expenses
incurred in and arising out of his official duties and those of his assistants and
employes, as well in and about his office as in the field.
SEC. 2. Section 4 of chapter 166 of the Session Laws of 1895 is hereby
amended to read as follows: Sec. 4. As soon as a map or maps of any of such
arid lands proposed to be irrigated, with the plans showing the mode of con-
templated irrigation thereof, are completed, he shall from time to time file dupli-
cates of such maps and plans with the secretary of the interior of the United
States, and shall, on behalf of the state make application to the said secretary of
the interior in accordance with section 4 of said act of congress, approved August
18, 1894, and amendments thereto, and shall take all the necessary steps on be-
half of the state to secure a contract binding the United States to donate, grant
and patent to this state, or its assigns, the said arid land, and to secure to this
state all the benefits and advantages accruing to it under the provisions of the
said act.
}
SEC. 3. Section 5 of chapter 166 of the Session Laws of 1895 is hereby
amneded to read as follows: Sec. 5. Whenever the surveys of any particular irri-
gation system, in the opinion of said commissioner, prove the construction thereof
152
LAND LAWS OF WASHINGTON
feasible, he is hereby authorized to advertise for bids for the construction of the
same in sèctions or subdivisions. Such bids shall be advertised in three papers in
this state once a week for five consecutive weeks, one of said papers to be pub-
lished in the county where said contemplated irrigation system is located, or if
located in more than one county, then and in that case to be published in a news-
paper in the county containing the greatest length of the main canal of such irri-
gation system, the other two papers to be published in the cities of the first class
in this state.
SEC. 4. Section 6 of chapter 166 of the Session Laws of 1895 is hereby
amended to read as follows: Sec. 6. All construction work in the reclamation of
arid land, by whatever mode that may have been determined upon by said com-
missioner of irrigation to adopt, for any particular irrigation system to be under-
taken by him or under his direction and control shall be paid for in water rights
or in lands so reclaimed at the price to be fixed as hereinafter provided for, and
all irrigation systems, the construction of which are undertaken by or under the
direction and control of said commissioner of irrigation, shall be numbered con-
secutively in the order they are undertaken, beginning with number onc, and in
all records and accounts kept of them, shall be identified by reference to thier re-
spective numbers.
SEC. 5. Section 7 of chapter 166 of the Session Laws of 1895 is hereby
amended to read as follows: Sec. 7. On the day stated in the advertisement for
bids, during which all bids will be opened between the hours of ten o'clock in the
forenoon and four o'clock in the afternoon, the Governor, the Attorney General or
his assistant, and the commissioner of irrigation shall meet and examine all bids
made and filed in accordance with the published advertisements for bids, and pro-
ceed to award the contract to the lowest and best bidder or may reject all bids
and authorize said commissioner of irrigation to proceed with the construction by
days' labor. All such labor to be paid for in lands or water rights as provided
herein for the payment of contracts for construction. A record shall be kept by
such commissioner of irrigation showing the names of all the bidders and the
amount of their bids, which record shall be signed by said state officer.
SEC. 6.
Section 8 of chapter 166 of Session Laws of 1895 is hereby
amended to read as follows: Sec. 8. The successful bidder for any contract shall
within ten days furnish a good and sufficient bond for the successful prosecution
of said work and fulfillment of his contract, in a sum to be named by said com-
missioner of irrigation not less than double the amount of his contract, such bond
to be approved by said commissioner: Provided, That in the event any contractor
prefers not to enter into a bond for the fulfillment of his contract, but in lieu
thereof stipulates that he will complete his contract and not hold said commis-
sioner of irrigation or the state liable for any work done by him under his con-
tract until after said work is approved and received by said commissioner in
writing, no bond need be required of him, but he must commence work upon five
days' notice in writing from said commissioner and diligently prosecute same to
the satisfaction of said commissioner and have it completed within the time speci-
fied in his contract: Provided further, That for good reason an extension of time
may be granted contractors by said commissioner not to exceed ninety days.
-
SEC. 7. Whenever a contractor who has given a bond as required in the fore-
going section requests it, the said commissioner of irrigation shall, upon monthiy
estimates furnished him by his engineer, issue to such contractor a certificate stat-
ing the amount duc him, which in no event shall be for more than eighty per
cent. of the estimates of said engineer, which certificate shall be redeemable in
land or water rights as herein provided for. More than one ecrtificate may be
issued upon the same estimate: Provided, That the total aggregate amount called
for by such certificates shall not exceed eighty per cent. of such estimates. Cer-
tificates for the remaining twenty per cent. shall be issued when said work is
completed and received by said commissioner of irrigation : Provided further,
That it is hereby made the duty of said commissioner of irrigation to satisfy
himself that all outstanding claims against any contractor's work done under his
supervision and control shall have been fully discharged, or before settling in full
LAND LAWS OF WASHINGTON
153
with any contractor on such work. All claims for labor or supplies shall be filed
with said commmissioner of irrigation within thirty days after the last item of
such labor or supplies have been furnished.
SEC. 8. The certificate provided for in the foregoing section shall be of the
following form:
I,
IRRIGATION DEPARTMENT OF THE STATE OF WASHINGTON.
commissioner of irrigation, do hereby certify that
dollars' worth of land,
• •
is entitled to
•
water right thereunto belonging.
Given under my hand' this .... day of
together with the
IRRIGATION DEPARTMENT OF THE STATE OF WASHINGTON.
commissioner of irrigation, do hereby certify that
dollars' worth of water rights.
I,
•
is entitled to
Given under my hand this
•
day of
·
Commissioner of Irrigation.
Such certificates shall in no wise ever be construed as creating a debt against
the state, and they shall be redeemable only in land or water rights.
All cer-
tificates shall be numbered in the order in which they were issued, and an ac-
curate record of the same kept. Said certificates, or the debt of which they are
evidence, shall bear no interest whatsoever; and said certificates shall be trans-
ferable by endorsement and receivable by said commissioner of irrigation from
any person who presents the same for redemption. Upon the back of all such
certificates sections Nos. 8 and 9 of this act shall be printed in full.
SEC. 9. When construction of an irrigation system is undertaken by or under
the direction and control of the commissioner of irrigation, as authorized by this
act, it shall be his duty to appraise, or cause to be appraised, the lands covered
by and included in such irrigation systems; the total appraisement of all the
land and water rights not to exceed the estimated cost of construction of that
particular irrigation system, with twenty per cent. added for possible contin-
gencies. All such appraisements shall be made in tracts of twenty acres, and
shall be recorded in a book kept for that purpose, which shall be open to public
inspection. And all certificates as hereinbefore authorized issued on account of
labor or supplies furnished him shall be receivable in payment for lands or water
rights.
SEC. 10. Whenever an irrigation system provided for in this act covers lands
which are no part of the public domain, and title to which cannot be acquired by
the state under said acts of congress, they may nevertheless be reckoned in the
estimates for costs of construction, and water rights be sold to the owners of the
same at the estimated cost of construction, with twenty per cent. added. And
said commimssioner of irrigation is hereby authorized to enter into contract with
such owners to furnish water rights as aforesaid, conditioned upon the completion
of such irrigation system.
SEC. 11. The commissioner of irrigation is hereby given the power and au-
thority to enter upon any lands owned by the state, or by any corporation or
private owner, and make all surveys necessary to be made for the purpose of lo-
cating any canal, ditch, pipe line, flume, reservoir, or other irrigation works to be
undertaken by the state by and under the direction and control and supervision of
said commissioner of irrigation. The general laws of this state relating to irrì-
gation districts, counties, municipal corporations, or other corporations, empower-
ing said irrigation districts, counties, municipal corporations, or other corpora-
tions to secure right-of-way by condemnation proceedings in the court, are hereby
extended to apply to the state in securing right-of-way to construct and maintain
irrigation canals, ditches, flumes, pipe lines, or other irrigation works.
Said com-
missioner of irrigation, on behalf of and in the name of the state, is hereby au-
thorized in like manner to condemn and appropriate any water right owned or
claimed by any private owner or corporation; but in assessing the value of said
154
LAND LAWS OF WASHINGTON
right, due regard shall be given any work which has been done to secure said
water right. The general law relating to condemnation proceedings to secure
right-of-way shall apply in all proceedings to condemn water rights. It is hereby
made the duty of the prosecuting attorney in each county in which condemnation
proceedings are to be brought, as provided in this section, to commence and
prosecute said condemnation proceedings in the superior court of this state, as
provided by law, whenever the said commissioner shall request said prosecuting
attorney so to do, and has furnished the necessary data and information to en-
able said officer to commence and prosecute said proceeding.
SEC. 12. When all lands acquired by the state by reason of its reclamation
under any particular irrigation system, as herein provided for, and all water
rights are disposed of, the state shall exercise no further ownership or control
over such irrigation system, and the same shall become the property of the owners
of the lands covered or reclaimed thereby: Provided, That so long as the state has
lands or water rights not disposed of under any such irrigation system, the said
commissioner of irrigation shall, if he deems it to the best interest of the state,
have absolute control over the same, and all persons owning lands or water rights,
or who have contracted for water rights under such irrigation system, shall pay an
annual charge per acre, which in the aggregate shall not exceed the annual cost
of maintenance, with twenty per cent. added. In the discretion of said commis-
sioner, such charge may be paid in labor necessary to maintain such irrigation
system, or a part in labor and the balance in cash: Provided further, That after
said irrigation system has passed from under the control of the state and into
the control of the owners of the lands thereunder as herein provided, the manage-
ment thereof shall be vested in a board of five directors, who shall be elected by
the owners of said lands, at an annual meeting to be held for that purpose on
the first Monday in March of each year. Such meeting to be held at a place to
be stated in a notice which must be posted in three public places under such irri-
gation system, for at least twenty days before the date of such meeting, and ad-
vertised for three consecutive weeks in a newspaper published in the county in
which such irrigation system is located. At such election each land owner shall
vote the number of acres owned by him, as shares of stock are voted in annual
meetings of private corporations, and a majority of all the acres embraced in and
covered by any such irrigation system shall constitute a quorum, and the persons
voted for at such meeting for the office of director receiving a majority of such
acreage so represented, shall be declared elected.
SEC. 13. The notice of the first election shall be given as herein provided for,
by said commissioner of irrigation, within five days after the state has contracted
for the sale of its remaining lands or water rights, and conveyances shall not be
executed and delivered until after the election of such board of directors, as
herein provided for, has been elected and qualifid. Such board of directors so
elected shall hold office until after their successors are elected at the first regular
meeting following, to be held as herein provided for on the first Monday in
March of each year.
SEC. 14. Said board of directors shall elect a president from their own num-
ber who shall preside over all meetings of the board and all annual meetings
herein provided for; a secretary, who shall keep a record of all meetings of the
board of directors and annual meetings herein provided for, and such other
records and files as he may be directed by said board to keep; a treasurer, whose
duties shall be to receive moneys and pay them out upon orders of the board
signed by the president and attested by the secretary. Such board of directors
shall thereafter have the entire management of such irrigation system; shall have
the power to sue and be sued, make contracts for supplies and labor for its
proper care and maintenance, promulgate rules and regulations for the furnish-
ing and distribution of water, and fix the annual tolls or charges therefor: Pro-
vided, That the total amount so collected in any one year shall not exceed the
total cost of maintenance for the year, including salaries of said board of di-
rectors,secretary and treasurer, which shall be fixed at the annual meetings of
LAND LAWS OF WASHINGTON
155
the owners of land and water rights under such irrigation system as herein pro-
vided.
SEC. 15. Before entering upon the duties of their respective offices, each
member of such board of directors, the secretary and treasurer, shall execute a
bond in a sum to be fixed by the board of county commissioners of the county or
counties in which said irrigation system is located, at any regular session of the
board, conditioned for the faithful performance of their respective official duties.
All such bonds shall be in the form prescribed by law for the official bonds of
county officers, and shall be approved by the county auditor of the county in
which the greatest area covered by such irrigation system is located, and remain
on file in his office; and shall be accompanied by an oath of office in the same
form as now required of county officers in this state.
SEC. 16. Upon the request of a majority of said board of directors, it shall
be the duty of the prosecuting attorney of the county in which any irrigation sys-
tem herein provided for is located, or in which any portion thereof is located, to
act as a legal adviser of the board, and prosecute all actions in his opinion neces-
sary to be brought on behalf of it.
SEC. 17. All moneys recovered by suit or action from any member of the
board of directors, its president, secretary or treasurer, on their official bond,
shall be paid by the prosecuting attorney to the county treasurer in which such
irrigation system is located, and such county treasurers shall give his receipt to
such prosecuting attorney for the same, and shall place it to the credit of such
irrigation system, specifying it by its number, as shown by the plat of the same,
which the commmissioner of irrigation is hereby required to file in the office of
the county auditor in each county in which any irrigation system herein provided
for shall be situate, within ten days after contract for construction has been
awarded as herein provided.
SEC. 18. Said commissioner of irrigation may make contracts for the sale of
any land reclaimed prior to the issuance of patent to the state by the United
States, and all such contracts shall be in duplicate, the originals to be retained on
file in the office of the commissioner of irrigation and the duplicate to be deliv-
ered to the intending purchaser. But all titles to lands sold by said commis-
sioner of irrigation shall be given by the state, patent to be issued, signed. by the
Governor, attested by the Secretary of State and the seal of the state attached.
SEC. 19. The proceeds of sales of lands or water rights remaining after all
certificates issued on account of construction of any irrigation system have been
redeemed, shall be by said commissioner of irrigation paid to the State Treasurer
and by him kept in a separate fund to be called the "Irrigation Fund," and shall
never be used for any purpose except to reimburse the state for expenses incurred
in reclaiming such arid lands and for the purpose of reclaiming other desert
lands in this state.
SEC. 20. The sale of more than forty acres or less than ten acres of land
under one irrigation system to one person or corporation is hereby prohibited.
SEC. 21. All agreements entered into by the commissioner of arid lands with
individuals or corporations for the reclamation of arid lands as authorized by the
act approved March 22, 1895, where lists of the lands intended to be selected
and plats of the proposed canal or ditch lines have been filed with the secretary
of the interior, are hereby recognized. And the commissioner of irrigation is
hereby authorized for and on behalf of the state to comply with the terms of
such agreement in conformity with the provisions of said act approved March
22,1895.
SEC. 22. For the purpose of carrying into effect the provisions of this act,
there is hereby appropriated out of any moneys in the state treasury not other-
wise appropriated the sum of thirty thousand dollars. Not more than ten thou-
sand dollars of this appropriation to be available for office expenses of said com-
missioner of irrigation, including the salaries of engineer and his assistant and
their expenses while in the field; the remaining twenty thousand dollars to be
available only on account of supplies furnished for construction work that may
156
LAND LAWS OF WASHINGTON
be undertaken by said commmissioner of irrigation. And the auditor is hereby
directed, upon vouchers duly certified to by said commissioner of irrigation, to
audit the same and draw his warrant upon the State Treasurer, who shall pay
the same.
SEC. 23. The commissioner of arid lands shall on demand of the commissioner
of irriagtion, after his appointment and qualification, surrender and deliver all
records, files and data in his possession by virtue of his said office, taking dupli-
cate receipts therefor, one of said receipts to be certified to as a correct copy by
the commmissioner of arid lands and remain on file in the office of the commis-
sioner of irrigation.
$262. Commissioner-Power Vested.
The selection, management and disposal of said lands shall be
vested in the Commissioner of Public Lands of the State of
Washington. He shall receive. and file all proposals for the
construction of irrigation works to reclaim lands selected under
the provisions of this act ;* prepare and keep for public inspec-
tion, maps or plats, on a scale of two inches to the mile, of all
lands selected, receive entries of settlers on these lands, and hear
or receive the final proof of their reclamation; and do any and
all work required to be done in carrying out the provisions of
this act. (Laws '03, p. 299, §2.)
FORMER LAWS: See note to §261.
$263. Filing Request and Proposal.
Any person, company or association of persons, or incorpo-
rated company, constructing, having constructed or desiring to
construct ditches, canals or other navigation [irrigation] works,
to reclaim land under the provisions of said act, shall file with the
Commissioner of Public Lands a request for the selection on be-
half of the state by the Commissioner of Public Lands of the land
to be reclaimed, designating said land by legal subdivision. This
request shall be accompanied by a proposal to construct the ditch,
canal or other irrigation works necessary for the complete recla-
mation of the lands to be selected. The proposal shall be pre-
pared in accordance with the rules of the Commissioner of Public
Lands and with the regulations of the Department of the In-
terior. It shall state the source of water supply, the location
and dimensions of the proposed works, the price and terms per
acre at which perpetual water rights will be sold to settlers on
* §§ 261-284.
LAND LAWS OF WASHINGTON
157
the land to be reclaimed. In the case of incorporated companies
it shall state the name of the company, the purpose of its in-
corporation, the names and places of residence of its trustees
and officers, the amount of its authorized and of its paid up capi-
tal. If the applicant is not an incorporated company the pro-
posal shall set forth the name or names of the party or parties,
and such other facts as will enable the Commissioner of Public
Lands to determine his or their financial ability to carry out the
proposed undertaking. (Laws '03, p. 299, §3.)
FORMER LAWS: See note to $261.
$264. Certified Check.
A certified check for a sum not less than two hundred and
fifty dollars ($250) nor more than two thousand five hundred
dollars ($2,500) as may be determined by the rules of the Com-
missioner of Public Lands shall accompany each such request
and proposal, the same to be held as a guarantee of the execu-
tion of the contract with the state, in accordance with its terms,
by the party submitting such proposal, in case of the approval
of the same and the selection of the land by the Commissioner
of Public Lands, and to be forfeited to the state in case of the
failure of said party to enter into a contract with the state in
accordance with the provisions of this act.* (Laws '03, p. 300,
$4.)
FORMER LAWS: See note to $261.
$265. Duty of Commissioner.
Immediately upon the receipt of any request and proposals
as designated in section 2,† it shall be the duty of the Commis-
sioner of Public Lands to examine the same and ascertain if it
complies in form with the rules of his office and the regulations
of the Department of the Interior. If it does not it is to be
returned for correction, and, if not corrected within sixty days,
it may be rejected by the Commissioner. The Commissioner of
Public Lands shall determine whether or not the proposed works
are feasible and the water appropriated and provided for is
adequate and whether the maps filed in his office comply with
* §§261-284.
+ $263.
i
158
LAND LAWS OF WASHINGTON
the requirements of his office and the regulations of the Depart-
ment of the Interior; also whether the lands proposed to be irri-
gated are desert in character, and such as may be properly set
apart under the provisions of the aforesaid acts of Congress
and the rules and regulations of the Department of the Interior
thereunder. When a request or proposal as to substance is not
approved by the Commissioner he shall notify the party making
such request or proposal of his disapproval thereof and the rea-
son therefor, and the party so notified shall have sixty days in
which to make a satisfactory proposal but the Commissioner may,
at his discretion, extend the time to six months. (Laws '03,
p. 300, §5.)
FORMER LAWS: See note to §261.
$266. Triplicate Lists Filed.
On receipt of the request and proposal, and the approval of
the same by the Commissioner of Public Lands, he shall file in
the local United States Land Office a list in triplicate, describing
the land embraced in said proposal with a request for the with-
drawal of the land described in said list. (Laws '03, p. 301, §6.)
FORMER LAWS: See note to §261.
§267. Withdrawal of Lands-Approval of Contract.
Upon the withdrawal of the land by the Department of the
Interior, it shall be the duty of the Commissioner of Public
Lands to enter into a contract with the party submitting the
proposal, which contract shall contain complete specifications
of the location, dimensions and character of the proposed ditch,
canal and other irrigation works; the price and terms per acre
at which perpetual water rights shall be sold to the settler; the
amount of water to be supplied; the price of an annual main-
tenance fee per acre, and the price and terms upon which the
state is to dispose of the land to settlers: Provided, That such
price and terms for irrigation works, water rights, maintenance
fee and for lands to be disposed of by the state to settlers, shall
in all cases be reasonable and just. This contract shall not be
entered into on the part of the state until withdrawal of these
lands by the Department of the Interior and the filing of a satis-
LAND LAWS OF WASHINGTON
159
factory bond on the part of the proposed contractor for irriga-
tion works, which bond shall be in penal sum equal to five per
cent. of the estimated cost of the works, and to be conditioned
for the faithful performance of the provisions of the contract
with the state: Provided, That no contract under the provisions
of this act shall be entered into by the Commissioner of Public
Lands until the same shall have been approved by the Attorney
General and the Governor. (Laws '03, p. 301, §7.)
FORMER LAWS: See note to §261.
$268. Limit of Contract Time.
No contract shall be made by the Commissioner of Public
Lands which requires a greater time than ten (10) years for
the construction of the works and such additional time as may
be granted by the Interior Department as provided by the afore-
said acts of Congress and amendments thereto, and all contracts
shall state that the work shall begin within six months from the
date of the contract; at least one-tenth of the construction work
shall be completed within two years from the date of said con-
tract; and the construction of said works shall be prosecuted
with reasonable diligence to completion. (Laws '03, p. 302, §8.)
FORMER LAWS: See note to $261.
$269. Failure to Begin Work-Forfeiture.
Upon the failure of any party having a contract with the
state for the construction of irrigation works, to begin the same
within the time specified by the contract, or to complete the same
within the time or in accordance with the specifications of the
contract with the state, it shall be the duty of the Commissioner
of Public Lands to give such party written notice of such failure
and if, after a period of sixty days from the giving of such no-
tice such party shall have failed to proceed with the work or to
conform to the specifications of his contract with the state the
bond and contract of such party and all work constructed under
such contract shall be at once and thereby forfeited to the state,
and it shall be the duty of the Commissioner of Public Lands
at once so to declare and to give notice once each week for a
period of four weeks in some newspaper of general circulation
160
LAND LAWS OF WASHINGTON
in the county in which the work is situated, and in one news-
paper at the state capital in like manner and for a like period,
that upon a day fixed, proposals will be received at the office of
the Commissioner of Public Lands at Olympia, Washington, for
the purchase of the incompleted works and for the completion
of said contract, the time for receiving said bids to be at least
sixty days subsequent to the issuing of the last notice of for-
feiture. The money received from the sale of partially com-
pleted works, under the provisions of this section shall first be
applied to the expenses incurred by the state in their forfeiture,
and disposal, to satisfy the bond, and the surplus, if any exists,
shall be paid to the original contractor with the state. When-
ever after the completion of said irrigation works any contractor
or his successors or assigns shall fail to furnish an adequate
amount of water to irrigate the lands of water right owners or
there shall exist other cause as provided by law for the appoint-
ment of a receiver, the Attorney General may apply for the
appointment of a receiver to take possession of the irrigation
works and canal and other property of such party, and manage,
operate, sell or dispose of the same. Such application shall be
made to the superior court of the county in which the whole or
some portion of the irrigation works or canal of such party is
situated; and the court or its receiver by order of the court shall
have and may exercise such powers as to the possession, manage-
ment, operation, sale or disposition of the property and works
of such party as is provided by law relating to receivers: Pro-
vided, That nothing herein contained shall be taken or construed
as limiting the right of any party to have a receiver appointed
as is in other cases provided by law. (Laws '03, p. 302, §9.)
FORMER LAWS: See note to §261.
See § 244, and § 252 and note.
$270. State Not Liable.
Nothing in this act* shall be construed as authorizing the Com-
missioner of Public Lands to obligate the state to pay for any
work constructed under any contract or to hold the state in any
* §§261-284.
LAND LAWS OF WASHINGTON
161
·
D
way responsible to settlers for the failure of contractors to com-
plete the work according to the terms of their contracts with the
state. (Laws '03, p. 303, §10.)
FORMER LAWS: See note to §261.
$271. Lands Open-Published.
Immediately upon the withdrawal of any land for the state
by the Department of the Interior and the inauguration of work
by the contractor, it shall be the duty of the Commissioner of
Public Lands, by publication once a week in one newspaper of
the county or counties in which said land is situated, and such
further notice as he may deem necessary, for a period of four
weeks, that said land is open for settlement; the price for which
said land will be sold to settlers by the state, the contract price
at which settlers can purchase a perpetual water right, and the
cost of an annual maintenance fee. (Laws '03, p. 303, §11.)
FORMER LAWS: See note to §261.
§272. Who May Purchase.
Any citizen of the United States, or any person having de-
clared his intention to become a citizen of the United States (ex-
cepting married women not the heads of families) over the age
of twenty-one years, may make application under oath, to the
Commissioner of Public Lands, to enter any of said lands in
any amount not to exceed one hundred and sixty acres for any
one person; such application shall set forth that the person de-
siring to make such entry does so for the purpose of actual
reclamation, cultivation and settlement in accordance with the
act of Congress and the laws of this state relating thereto, and
the applicant has never received the benefit of the provisions of
this act,* to an amount greater than one hundred and sixty acres,
including the number of acres specified in the application under
consideration. Such application must be accompanied by a cer-
tified copy of a contract for a perpetual water right, made and
entered into by the party making application with the person,
* §§261-284.
-11
162
LAND LAWS OF WASHINGTON
company or association of persons, or incorporated company who
have been authorized by the Commissioner of Public Lands to
furnish water for the reclamation of said land; and if said ap-
plicant has at any previous time entered land under the provi-
sions of this act, he shall so state in his application, together
with the description, date of entry and location of said lands.
The Commissioner of Public Lands shall thereupon file in his
office the application and papers relating thereto, and, if al-
lowed, issue a certificate of location to the applicant. All appli-
cations for entry shall be accompanied by a payment of one
dollar per acre, which shall be paid as a partial payment on the
land if the application is allowed, and all certificates when issued
shall be recorded in a book to be kept for that purpose. If the
application is not allowed, or the contractor fails to complete the
work according to contract the one dollar per acre accompanying
the application shall be returned to the applicant. The Com-
missioner of Public Lands shall dispose of all lands accepted by
the state under the provisions of this act at a uniform price of
not less than ten dollars per acre, one-tenth to be paid at the
time of entry and the remainder in nine equal annual install-
ments, with interest at six per cent. per annum payable annually,
provided a settler may make payment in full at any time upon
or after making final proof. (Laws '03, p. 303, §12.)
FORMER LAWS: See note to §261.
$273. Deposit of Funds.
All moneys received by the Commissioner of Public Lands
from the sale of lands selected under the provisions of this act*
shall be deposited with the State Treasurer and shall constitute
a trust fund in the hands of said Treasurer to be used in the
reclamation of other arid lands. (Laws '03, p. 304, §13.)
$274. Settler's Contracts, Etc.
Within one year after any person, company or association
of persons or incorporated company authorized to construct
irrigation works under the provisions of this act, shall have no-
* §§261-284.
Special funds abolished: Laws '07, p. 13.
LAND LAWS OF WASHINGTON
163
tified the settlers under such works that they are prepared to fur-
nish water under the terms of their contract with the state, cach
settler shall enter into a contract with the state for the purchase
of the land described in his certificate of location, complete the
first annual payment thercon, and shall cultivate and reclaim
not less than one-sixteenth part of the land filed upon by him,
and within two years after the said notice, the settler shall have
actually irrigated and cultivated not less than one-eighth of the
land filed upon, and within ten years from the date of said notice
the settler shall appear before the Commissioner of Public Lands
or the clerk of the superior court, within the county wherein said
land is situated and make final proof of reclamation, settlement
and occupation, which proof shall embrace evidence that he has a
perpetual water right for his entire tract of land sufficient in vol-
ume for the complete irrigation and reclamation thereof; that he
is an actual settler thereon and has cultivated and irrigated not
less than one-eighth of said tract, and such further proof, if
any, as may be required by the regulations of the Department
of the Interior, and the Commissioner of Public Lands. The
officer taking this proof shall be entitled to receive a fee of two
dollars ($2.00), which fee shall be paid by the settler and shall
be in addition to the price paid for the land. All proofs so re-
ceived shall be submitted to the Commissioner of Public Lands
and shall be accompanied by the last and final payment for said
land, and approved by the Commissioner of Public Lands, and
such proceedings had that a patent of said land shall be issued:
Provided, That when the Commissioner of Public Lands shall
take such final proof all fees received by him shall be turned
into the State Treasurer. (Laws '03, p. 305, §14.)
FORMER LAWS: See note to §261.
$275. Patents.
After the issuance of a patent to any land by the United
States to the state, notice thereof shall be forwarded to the party,
if any, entitled to said land, and, upon full payment having
been made, it shall be the duty of the Commissioner of Public
Lands to certify such fact to the Governor, whereupon he shall
164
LAND LAWS OF WASHINGTON
cause a patent to be issued to the purchaser, the patent to be
signed by the Governor and attested by the Secretary of State
with the seal of the state thereto attached, and shall be recorded
in the office of the Commissioner of Public Lands, and no fee
shall be required other than the fee provided for in this act.*
(Laws '03, p. 305, §15.)
FORMER LAWS: See note to $261.
§276. Water Rights Attach.
The water right to all land acquired under the provisions of
this act shall attach to and become appurtenant to the land as
soon as title passes from the United States to the state. Any
person, company or association or persons, or incorporated com-
pany furnishing water for any tract of land shall have a prior
lien on said water right and land upon which said water is used
for all deferred payments for said water right and for any main-
tenance fee due, said lien to be in all respects prior to any other
lien or liens created or attempted to be created by the owner or
possessor of said land; said lien to remain in full force and ef-
fect until the last deferred payment for the water right is fully
paid and satisfied according to the terms of the contract under
which said water right was acquired and until all delinquent
maintenance fees are fully paid. The contract for the water
right upon which the aforesaid lien is founded shall be recorded
in the office by the county auditor of the county where the land
is situated. Upon default of any of the deferred payments se-
cured by any lien under the provisions of this act and any main-
tenance fee, the person, company, or association of persons, or
incorporated company holding or owning said lien, may fore-
close the same according to the conditions and terms of the con-
tract granting and selling to the settler the water right and pro-
viding for a maintenance fee. All sales shall be advertised in a
newspaper of general circulation, published in the county where
said land and water right is situated, once a week, for four con-
secutive weeks, and shall be sold to the highest bidder at the
front door of the court house of the county, or such place as
*Sections 261-284.
LAND LAWS OF WASHINGTON
165
may be agreed upon by the terms of the contract. And the
sheriff of said county shall in all such cases give notice of sale
and shall sell such land and water right and shall make and
deliver a certificate of sale to the purchaser, and at such sale no
person, company, or association of persons, or incorporated com-
pany, owning or holding any lien shall bid in or purchase any
land or water right at a greater price than the amount due on
deferred payment or payments for said water right and land
and maintenance fee due and the costs incurred in making the
sale of the land and water right. At any time within nine
months after the foreclosure sale by the sheriff of the land and
water right as aforesaid, the original owner against whom the
lien has been foreclosed, or any other party entitled to redeem
land sold under execution may redeem land and water right so
sold in the same manner and order and under the same procedure
as is or may be provided by law for the redemption of land sold
under execution. The party reclaiming said land and water
right shall pay to the sheriff the amount for which said land and
water right was sold and costs and increased costs, together with
interest thereon at the legal rate, and all taxes and payments
maturing subsequent to such foreclosure as well as all main-
tenance fees due at the time of redemption with interest at like
rate. If there be more than one redemption each successive re-
demption shall be made within six (6) weeks after the last pre-
ceding redemption. And where the lien holder becomes the
purchaser at such foreclosure sale, and in no other case, if such
land and water right be not redeemed by the original owner or
other person entitled to redeem as above provided within nine
(9) months then at any time within three (3) months after the
expiration of such nine (9) months any person desiring to settle
upon and use such land and water right may redeem the said
land and water right in the manner hereinbefore provided for
redemption by the owner or other redemptioners. Where such
land and water right are not purchased by the lien holder at
such foreclosure sale the sheriff shall pay out the proceeds of
such sale as follows:
166
LAND LAWS OF WASHINGTON
First. He shall retain all charges, costs and fees for his serv-
ices and account for the same as in civil cases.
Second. To the lien holder or his assigns the amount of the
lien together with all interest, costs and fixed charges thereon.
Third. The balance of any remaining, to the person against
whom such lien was foreclosed or his assigns. When the period
of redemption shall have expired the sheriff or his successor in
office shall exccute a proper conveyance of the land and water
right sold, to the party entitled therteo. The foreclosure herein
provided for may be transferred to the superior court of the
proper county in the same manner and with like effect as fore-
closure of chattel mortgages on notice may be transferred.
(Laws '03, p. 306, §16.)
$277. Maps-What to Show.
The maps in the office of the Commissioner of Public Lands, of
the land selected under the provisions of this act,* shall show the
location of the canals or other irrigation works approved in the
contract with the Commissioner of Public Lands, and all land filed
upon shall be subject to the right of way of such canals, distribu-
tion system and irrigation works. Such right of way to embrace
the entire width of the canal, distribution and irrigation works
nd such additional width as may be required for their proper
operation and maintenance. (Laws '03, p. 308; §17.)
FORMER LAWs: See note to §261.
§278. Rules for Filing Proposals.
The Commissioner of Public Lands shall provide suitable rules
for the filing of proposals for constructing irrigation works, and
for the forfeiture of entry by settlers, upon failure to comply
with the provisions of this act.* There shall be kept in the office
of the Commissioner of Public Lands for public inspection,
copies of all maps, plats, contracts for the construction of irriga-
tion works, and of the entries of the land by settlers. He shall
require from each person, company or association of persons, or
incorporated company engaged in the construction of irrigation
*Seçtions 261-284.
LAND LAWS OF WASHINGTON
167
works under the provisions of this act, an annual report, to be
submitted to him on or before November 1st of each year. This
report shall show the number of water rights sold, the number
of users of water under said irrigation works, the legal sub-
divisions of land for which water is to be furnished, the names of
the officers of the company, the acreage of land which the said
irrigation works are prepared to supply with water, and such
other data as the Commissioner of Public Lands may see fit to
require. The rules required by this section may be waived in the
case of irrigation works being constructed by any person, colony
or association of persons to furnish water for land settled upon
and being reclaimed by themselves. (Laws '03, p. 308, §18.)
FORMER LAWS: See note to $261.
$279. Fees of Commissioner.
The Commissioner of Public Lands shall collect the following
fees: For filing each application one (1) dollar; for filing each
final proof one (1) dollars; for issuing each patent two (2) dol-
lars; for making certified copies of papers or records, the same
fee as is provided for to be charged by the Secretary of State
for like services. All moneys collected and fees received under
this act shall be paid by the Commissioner of Public Lands to the
State Treasurer and credited by him to the trust fund* created
by said act of Congress. (Laws '03, p. 308, §19.)
FORMER LAWS: See note to §261.
$280. Commissioner's Report.
The Commissioner of Public Lands shall issue on or before
November 30th of each year a report setting forth in detail the
names, location and character of the irrigation works in process
of construction, the acreage and legal subdivision of land in-
tended to be reclaimed, and the terms of payment for both water
rights and land. Not less than one thousand copies of such re-
port shall be printed for gratituous distribution. (Laws '03,
p. 309, §20.)
FORMER LAws: See note to §261.
*See note to 273.
168
LAND LAWS OF WASHINGTON
$281. Contract for Reclamation.
Any contract for the reclamation of arid land under this act
shall provide that a water right be extended to all state, school
and granted lands owned by the State of Washington, under the
canal and irrigation works to be constructed under such contract
at the same rates and upon the same terms and conditions as
apply to the lands granted under said act of Congress. (Laws
'03, p. 309, §21.)
FORMER LAWS: See note to $261.
See $238, supra.
$282. Reimburse State.
The State of Washington shall, out of the money arising from
its disposal of any lands selected under this act, first reimburse
itself for any and all costs and expenditures incurred, and here-
tofore incurred, by it in selecting, irrigating and reclaiming said
land. (Laws '03, p. 309, §22.)
FORMER LAWS: See note to §261.
$283. Commissioner Institute Suits.
All suits or actions brought by the Commissioner of Public
Lands, under the provisions of this act, shall be instituted by him
in the name of the State of Washington. (Laws '03, p. 309,
§23.)
FORMER LAWs: See note to §261.
$284. Act Creating Arid Land Commissioner Repealed.
That section 2 of an act entitled "An act accepting the terms
of the act of Congress, approved August 18th, 1894, providing
for the reclamation, settlement and disposition of the one million
acres of said land granted therein, making appropriation there-
for and declaring an emergency, approved March 22nd, 1895,"
creating the office of Commissioner of Arid Lands, be and the
same is hereby repealed. (Laws '03, p. 309, §24.)
FORMER LAWS: Laws '97, p. 263, $70.
See note to §261.
*See $261.
LAND LAWS OF WASHINGTON
169
'LAND AGENT.
Land Grant Agent. That the Governor of this state be and
he is hereby authorized and empowered to appoint, with the ad-
vice and consent of the Senate, an agent for the State of Wash-
ington, who shall be a citizen of said state, whose duty it shall be
to prosecute to final decision in the proper departments of the
government of the United States, or in any of the courts of the
United States having jurisdiction, the claims of the State of
Washington for the five per cent, due to said state from the
United States for or on account of public lands within this state
disposed of by the United States as Indian reservations, and by
the location of military land warrants and land scrip issued for
for military services in the wars of the United States, and by the
location of the agricultural college scrip, or by reason of any
other disposal of the public lands of the United States within
the State of Washington. It shall also be the duty of the said
agent to prosecute to final decision all claims of the State of
Washington against the United States arising out of depreda-
tions committed by the Indians, or occurring during the late
war, together with all claims which this state may have against
the United States for expenses incurred in organizing, equipping
and maintaining troops for the public service, and for all school
lands which may be due the said state from the United States on
account of Indian reservations: Provided, That no part of the
money that may be secured to the state from or on account of any
of the matters mentioned in this act shall be paid such agent, but
the same shall be paid to the Treasurer of the state, and such.
agent shall have no authority to take or receive from the United-
States such money, or any part thereof. (Laws '91, p. 370,
§; B. C., §2123; P. C., §8153.)
Bond. Before entering upon the duties of his agency such
agent shall execute to the State of Washignton a bond, with good
and sufficient security, to be approved by the Governor and
170
LAND LAWS OF WASHINGTON-
Auditor of State, and filed in the office of the Secretary of State
in the sum of twenty thousand dollars, conditioned for the faith-
ful performance of every duty imposed by the provisions of this
act. (Laws '91, p. 370, §2; B. C., §2124; P. C., §8154.)
Compensation. Such agent shall be allowed such compensa-
tion for his services as may be agreed upon between the Gover-
nor, Auditor and Attorney General of this state and himself, not
to exceed ten per centum upon the amount secured to the state;
and such compensation shall be paid only after the claims herein-
before mentioned shall be paid over to the State Treasurer, in
whole or in part; and the amount so adjudged to be due said
agent shall be paid by the Treasurer on the warrant of the
Auditor of this state; but no part of such compensation shall
be paid out of any other funds than the funds received from the
claim or claims so collected; nor shall this state be otherwise
liable for the payment of such compensation or any other ex-
penses whatever attending or growing out of the prosecution of
such claims. (Laws '91, p. 370, $3; B. C., §2125; P. C.,
§8155.)
Additional Contingent Compensation. In case any lands are
secured to the state for school purposes or otherwise by such
agent, then he shall be paid for his services in that behalf a com-
pensation upon the appraised valuation of such lands, such valu-
ation to be determined by the State Board of Land Commis-
sioners, of not to exceed ten per centum of the valuation of the
lands so secured by such agent.
§2126; P. C., §8156.)
(Laws '91, p. 371, §4; B. C.,
SPECIAL ACTS.
1
ANNUAL LAND REPORT FOR WASHINGTON SCHOOL OF
TECHNOLOGY.
[Laws 1899, p. 12; P. C., §§8326-8328. ]
AN ACT for rendering available the endowment of the Agricultural Col-
lege, Experiment Station and School of Science of the State of Wash-
ington, and declaring an emergency.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. It shall be the duty of the State Land Commis-
sioner to make a report to the board of regents of the agricul-
tural college and school of Science on or before the first Monday
in April, 1899, and on or before the first Monday in April of
each succeeding year, which said report shall contain a complete
detailed statement:
(1) Of all lands which have been selected under an act of
Congress approved July 2, 1862, entitled "An act donating pub-
lic lands to the several states and territories which may provide
colleges for the benefit of agriculture and the mechanic arts,” and
all acts supplementary thereto, and under the act of Congress of
February 22, 1899, entitled, “An act to provide for the division
of Dakota into two states and to enable the people of North
Dakota, South Dakota, Montana and Washington to form consti-
tutions and state governments and to be admitted into the Union
on an equal footing with the original states, and to make dona-
tions of public lands to institutions," which said selections have
been approved by the Secretary of the Interior, for the use and
support of agricultural colleges and for a scientific school, which
statement shall set forth the lands set apart for the agricultural
college and for the school of science in distinct and separate lists :
Provided, That the Land Commissioner shall not be required to
include in such annual report a statement of approved selections
and locations made in any previous annual report: And provided
172
LAND LAWS OF WASHINGTON
further, That when the entire amount of the one hundred and
ninety thousand acres of land set apart for the use and support
of the agricultural college and school of science shall have been
selected, located, and approved by the Secretary of the Interior,
and included in any annual report or reports to the said board
of regents, that thereafter the Land Commissioner shall not be
required to make such annual report.
(2) Of all lands belonging to the agricultural college and
likewise to the school of science sold prior to said first Monday in
April, 1899, and on or before the first Monday in April of each
succeeding year, which statement shall accurately describe the
lands sold, the price received for the same and all moneys re-
ceived from the sale of [or] lease of said lands or from the sale
of timber, stone or hay from said lands: Provided, That the
Land Commissioner shall not be required to include in such an-
nual report a statement of lands sold or moneys received which
shall have been included in any previous annual report.
}
(3) Of the investment of all moneys received from the sale
or lease of agricultural college land, or from the sale of timber,
stone or hay from said lands, which report shall describe fully
the stocks, bonds or other securities in which said moneys shall
have been invested, specifying the issuer or issuers, the rate of
interest, the time to run, and the face or par value of said
stocks, bonds or other securities, and a like report of the disposi-
tion of all moneys received from the sale or lease of lands set
apart for the scientific school and from the sale of timber, stone
or hay from said lands: Provided, That the Land Commissioner
shall not be required to include in any annual report a statement
of the disposition of any moneys included in any previous an-
nual report.
SEC. 2. It shall be the duty of the State Treasurer to make a
report to the board of regents of the agricultural college and
school of science on or before the first Monday of April, 1899,
and on or before the first Monday of April of each succeeding
year, which said report shall contain a complete detailed state-
ment:
LAND LAWS OF WASHINGTON
173
(1) Of all stocks, bonds or other securities belonging to the
agricultural college and school of science which may have been
deposited with said Treasurer by the Land Commissioner during
the year next preceding said report, together with all other secur-
ities belonging to said college which may be in his custody, set-
ting forth in separate statments those which have been derived
from the sale or lease of agricultural college lands and those
which have been derived from the sale or lease of the scientific
school lands.
(2) Of all interest received during the year next preceding
said report, on all stocks, bonds, or other securities belonging to
the agricultural college and school of science which may be or
may have been in the custody of said Treasurer, and of all prem-
iums which may have been received on securities sold or redeemed
during the aforesaid period.
(3) Of all stocks, bonds, or other securities belonging to the
agricultural college and school of science which may have been
paid, redeemed or sold during the year next preceding such re-
port, together with the principal sum or sums remaining in the
hands of said Treasurer uninvested.
SEC. 3. To the end that the endowment of the agricultural
college and school of science may be conserved and increased it
shall be the duty of the board of regents of said college and
school of science at as early a date as practicable to inspect or
cause to be inspected the lands set apart for the use and support
of the agricultural college and school of science, and to gather
or cause to be gathered such information relative to the character,
condition and true value of said lands as may be conducive to a
wise and advantageous disposition of the same, and to collect and
distribute such information as shall facilitate the sale or lease of
said lands, as provided by law, and to furnish such information
to the Land Commissioner when called for: Provided, That the
expense of collecting and distributing such information shall be
paid from the maintenance fund of the college, which said ex-
penses shall not exceed one thousand dollars in any one fiscal
year and shall not exceed three thousand dollars in the aggre-
gate: Provided further, That a complete report of the doings
174
LAND LAWS OF WASHINGTON
of the board of regents in the collecting and distributing of in-
formation and facilitating the sale or lease of said lands, together
with the expenses incurred therein shall be included in the annual
report of the board of regents to the Governor and Legislature.
SEC. 4. An emergency exists and this act shall take effect
immediately.
•
PROVIDING FOR THE ESTABLISHMENT AND MAINTENANCE OF
A SCIENTIFIC SCHOOL AND CHEMISTRY BUILDING.
[Laws of 1901, p. 170; P. C., §§7522-7525a.]
AN ACT to provide for the control, management and disposition of four
sections of land granted to the State of Washington for the estab-
lishment and maintenance of a scientific school, making an appro-
priation for the erection and equipment of a chemistry building at
the Agricultural College and School of Science.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the board of regents of the agricultural
college, experiment station and school of science of the State of
Washington is hereby authorized and directed to select and set
aside for the purposes hereinafter described four full sections of
land in lots of not less than forty acres cach from the lands
granted to the State of Washington for the establishment and
maintenance of a scientific school and belonging to the agricul-
tural college and school of science. That the entire manage-
ment, control and power of disposition of said four sections of
iand be and hereby are vested in the board of regents of the agri-
cultural college, experiment station and school of science and
subject to the provisions of this act.
SEC. 2. The said board of regents may by a majority ȧye and
nay vote, at any regular or special meeting said vote to be
entered in the minutes, proceed to sell said land or the valuable
material thereon, or such portion thereof as they may see fit.
Such sale shall be by public auction and the land shall be offered
in lots of not less than forty acres. No part of said tract shall
be sold until the value thereof shall be appraised by three ap-
praisers to be appointed by the Governor. Said appraisers shall
LAND LAWS OF WASHINGTON
175
be paid out of the general fund of the state in the same manner
as the appraisers of the Land Commissioner's office for their
services and expenses as such appraisers. Prior to said sale said
board of regents shall give notice of the time, place and terms of
sale by publication for four successive weeks in one or more daily
papers published in the state and one or more weekly papers pub-
lished in the county where said lands are situated, the cost of
publication to be paid for in the same manner as the compen-
sation of the appraisers. The place of sale shall be at the front
door of the court house of the county wherein such lands are situ-
ated, and said sale may be made by the president of the board.
of regents, or by any other member thereof to be selected by
the president. The highest bid made on the day of sale shall
be accepted unless it is less than the appraised value of the parcel
of land bid for or the valuable material bid for or less than ten
dollars per acre, in which case the bid shall be rejected: Pro-
vided, A majority of the board of regents by an aye and nay
vote, entered of record, may reject any or all bids for all or any
part of the tract, and may postpone the sale until some future
date, which sale shall be advertised in the same manner as the
original offer to sell: Provided, further, That the successful
bidder for any portion or lot or valuable material thereon must
pay to the board of regents upon the date of sale, in cash, ten
per cent. of the amount of his bid as an evidence of good faith,
and upon such payment said board or its president shall deliver to
said bidder a receipt stating the amount received and that the
same shall be applied on the purchase price on said portion or
lot or valuable material. If the successful bidder shall refuse to
comply with the terms and conditions of sale as hereinafter set
forth, said ten per cent. deposited shall be forfeited to the State
of Washington for the use of the agricultural college and school
of science, and shall be, by the president of the board of regents,
paid to the State Treasurer, who shall place the same in the
scientific school fund as hereinafter provided. The successful
bidder must pay to the State Treasurer at least one-third cash
within thirty days after the bid is awarded to him, and upon
such payment shall be entitled to a certificate of purchase to be
176
LAND LAWS OF WASHINGTON
issued by the board of regents stating the amount bid, the
amount paid, and the balance remaining due and when payable.
The balance due shall be paid in two equal semi-annual install-
ments, with interest at six per cent. per annum, the first install-
ment to be paid in six months after the date of said certificate,
and the second installment one year after said date. Upon full
payment the purchaser shall receive a deed to the property, to be
executed by the Governor, attested by the Secretary of State,
with the seal of the state thereto affixed, which deed shall convey
to him the title of the state to the property described in the deed.
The purchaser may at any time prior to maturity pay said bal-
ance remaining due, or any part thereof, with interest to date of
payment, whereupon interest on the amount paid shall cease.
The state retains a lien on the property sold for all unpaid bal-
ance of the purchase price, and upon any default by the pur-
chaser the whole of the balance of the purchase price and interest
thereon shall be due and a lien may be foreclosed and the equity
of the purchase in the land barred and sold, as in suit upon fore-
closure of mortgage. In case any one making the highest bid
fails to deposit with the board of regents on the date of sale ten
per cent. of the price bid, the board of regents may recognize
the next highest bidder for such lot or parcel, upon his deposit-
ing with the board of regents ten per cent. of the amount of his
bid, or they may readvertise and resell said lot or parcel or valu-
able material, as to them may seem best, such decision to be de-
termined by a majority vote of the board. Any purchaser at said
sale shall not be entitled to the possession of the property pur-
chased by him until specially authorized by the board of regents
to take possession.
SEC. 3. The board of regents may from time to time as said
land or valuable material or portions thereof are sold in the man-
ner herein provided, authorize the purchasers to take possession
of the land or valuable material purchased.
SEC. 4. There shall be kept by the State Treasurer a separate
fund to be known as the scientific school fund into which shall be
paid all moneys received from the sale of the lands, or valuable
material thereon, belonging to the agricultural college and school
LAND LAWS OF WASHINGTON
177
of science, which fund shall be paid out by the State Treasurer
only upon warrants drawn by the State Auditor, which warrants
shall be based upon proper vouchers of the board of regents of
the agricultural college and school of science: Provided, how-
ever, That not more than twenty-five thousand dollars ($25,000)
shall be paid out of said special scientific school fund for the
purpose of the erection and equipment of a chemistry building.
This section void so far as it relates to the use of the principal of the fund:
State ex rel. Heuston v. Maynard, 31 Wash. 132.
SEC. 5. There is hereby appropriated, out of the scientific
school fund, the sum of twenty-five thousand dollars, or such
portion thereof as may be necessary to be expended under the
direction of said board of regents, for the following purposes,
to-wit: The sum of twenty thousand dollars for the erection of
a chemistry building, and the sum of five thousand dollars for
equipping the same at the agricultural college and school of
science: Provided, however, That no warrants shall be drawn, at
any time, on said fund, unless the cash is in said fund to pay
the same.
This section is void : State ex rel. Heuston r. Maynard, 31 Wash. 132,
3
PROVIDING FOR THE SELECTION AND CONTROL OF CERTAIN
GRANTED LANDS FOR THE MAINTENANCE OF THE
UNIVERSITY OF WASHINGTON.
[Laws of 1903, p. 137; P. C., §§7527-7527b.]
AN ACT to provide for the selection and control of lands granted and
assigned for the support and maintenance of the University of
Washington.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. The Commissioner of Public Lands is hereby au-
thorized and directed to ascertain how much land granted to the
state for university purposes, by section 14 of the enabling act,
approved February 22, 1889, remains unsold, and to select from
the lands granted to the State of Washington by section 17 of
-12
178
LAND LAWS OF WASHINGTON
said enabling act, for state, charitable, educational, penal and
reformatory institutions, one hundred thousand acres (100,000)
thereof, assigned for the support of the university of Washing-
ton by section 9 of the act of the Legislature of the State of
Washington, entitled "An act providing for the location, con-
struction and maintenance of the university of Washington, and
making an appropriation therefor, and declaring an emergency,"
approved March 4, 1893.
The grant for university purposes made by section 14 of enabling act, does
not preclude a portion of the grant named in section 17 of enabling act from
being set aside for university purposes: State v. Callvert, 34 Wash. 58.
SEC. 2. The lands to be selected from the lands granted by
section 17 of the enabling act, shall be selected from such lands
now remaining unsold and undisposed of, and so that the lands
so selected shall, as nearly as practicable, in the judgment of the
Commissioner, cqual in value, the remainder of said original
grant; the estimate of values to be made on the basis of the con-
dition of the land as originally selected by the state under said
grant.
SEC. 3. When said Commissioner shall have ascertained and
selected such lands as above required, he shall make a correct list
by proper legal description according to the United States gov-
ernment surveys, of all said lands, which said list and selection
shall be approved by the State Board of Land Commission, and
when so approved by the certificate of said board, the same shall
be entered and recorded by said State Land Commissioner, in a
book kept in his office for that purpose, and the copy of said list,
duly certified by said Land Commissioner, shall be filed with the
board of regents of the University of Washington, and thereafter
such lands shall be known as the university lands, and shall
never be sold, encumbered, or otherwise disposed of, except by
and with the consent of the board of regents of the university
of Washington.
Lands included in old university site in city of Seattle under absolute control
of board of regents: Callvert v. Winsor, 26 Wash. 368.
LAND LAWS OF WASHINGTON
179
4
CAPITOL BUILDINGS LAND.
[Laws of 1893, p. 186.]
NOTE. This act was retained in both Ballinger's and Pierce's Codes as not
having been repealed by the act of 1897. Laws '97, p. 229. See note to $20.
AN ACT to provide for the sale of lands granted to the State of Wash-
ington for the purpose of erecting public buildings at the state
capital and for the preservation of said lands and the proceeds
thereof.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. All funds arising from the sale of lands granted
to the State of Washington for the purpose of erecting public
buildings at the state capital shall be held intact for the purpose
for which they were granted. Lands when selected and assigned
to said grant shall not be transferred to any other grant, nor
shall the moneys derived from said lands be applied to any other
purpose than for the erection of buildings at the state capital.
SEC. 2. It shall be the duty of the State Land Commission
to provide for the sale and disposition of said lands and to make
all such reasonable and necessary rules therefor as shall enable
such sale and disposition to be made most advantageously for the
purpose of said grant, subject to such regulations as may be
provided by law.
SEC. 3. The State Land Commission may from time to time,
as they may deem best, direct the sale of said lands at public
auction at the court house at the county seat of the county in
which the lands offered for sale lie. Not more than ten thou-
said acres shall be disposed of at any one sale, and each sub-
division or lot consisting of one hundred and sixty acres or ap-
proximating thereto, shall be separately offered for sale.
SEC. 4. Notice of every sale at public auction shall be given
by publication thereof in the official newspaper of the county
where the land lies once a week for five successive weeks, the
first publication not to be made more than forty-five days before
the date of such sale; said notice to describe the several tracts of
land proposed to be sold and to state the appraised value thereof.
. Any such sale may be further advertised by a similar notice sim-
180
LAND LAWS OF WASHINGTON
ilarly published in some newspaper in Spokane, Tacoma, Seattle
or Olympia, not the official newspaper of the county where the
lands so offered shall lie. Every sale at public auction shall be
conducted by such officer of the county in which the land is situ-
ated as the State Land Commission shall appoint for that pur-
pose, who shall make return thereof according to the rules pre-
scribed by said commission.
SEC. 5. The terms of sale shall be as follows: The purchase
price shall be divided into ten equal parts or payments. The
first payment shall be made at the time of sale. The second pay-
ment shall be within three months of the first payment, and there-
upon a certificate of purchase shall be issued by the State Land
Commission. The remaining payments shall be due one, two,
three, four, five, six, seven and eight years, respectively, from
and after the date of the certificate, which certificate shall show
the amount of the several payments and the date of the pay-
ments as made, and the date of the maturity of the payments to
be made. All unpaid payments shall bear interest at the rate of
six per cent. per annum payable annually from the date of the
certificate until paid. Any or all payments may be made before
maturity: Provided, All accrued interest on said payments to
the time the same are made shall be paid. The contract or cer-
tificate of purchase herein provided for shall be in such form as
the said Land Commission shall prescribe, and shall be executed
in duplicate, one copy of which shall be returned to the pur-
chaser, and one copy filed in the office of the Commissioner of
Public Lands.
SEC. 6. The sale of every tract or parcel of land shall be to
the highest bidder therefor, and the State Land Commission may
at any sale reject all bids for any tract of land, and every sale
at public auction shall be subject to the approval of said com-
mission: Provided, That no lands shall be sold for less than the
appraised value thereof.
SEC. 7. All payments on account of such sale shall be to the
Commissioner of Public Lands by draft payable to the State
Treasurer, and no certificate of purchase shall issue till two such
payments have been made. And the Commissioner of Public
LAND LAWS OF WASHINGTON
181
Lands shall keep a true record of the same and of all sales made
under the provisions of this act.
SEC. 8. On failure to make any of said payments at the time
required, the sale shall be void and the moneys heretofore paid to
the state shall be forfeited to and belong to the state, and said
lands shall again be subject to sale as hereinbefore provided:
Provided, That for good cause shown the State Land Commission
may extend to a certificate holder the time for making a payment
on his certificate not to exceed one year.
SEC. 9. When full payment, including interest, shall have
been made for any tract or parcel of land sold under the pro-
visions of this act, the certificate therefor may be surrendered
to the State Land Commissioner who shall thereupon certify said
land for patent. Patents shall be signed by the Governor, at-
tested by the Secretary of State, with the seal of the state at-
tached, recorded in the office of the Commissioner of Public
Lands in a book kept for that purpose, and may be issued to the
purchaser, to his heirs or the assignee of his certificate.
Proceeds of sale to go into special fund: See Laws '93, p. 470, §15; Laws '95,
p. 104, §1, construed State ex rel. Atty. Gen. v. McGraw, 13 Wash. 311.
See also act of 1901, Laws '01, p. 56, §6; and Laws '05, p. 349, §3; protecting
capitol building land fund.
SEC. 10. If any person shall cut down, destroy or injure any
tree standing or growing upon any of the lands granted to the
State of Washington, for erecting public buildings at the capital
of said state before patent shall have been issued by the state
therefor as herein provided, or shall take or remove from any
such lands any timber or wood, or shall dig, quarry, take or
remove any mineral, earth or stone from such lands, such per-
son, upon conviction thereof, shall be punished by imprisonment
in the county jail not less than one month nor more than one
year; or by fine not less than fifty nor more than one thousand
dollars, or both: Provided, That nothing in this act shall be so
construed so as to prevent any purchaser who shall purchase said
land for purposes of a home from cutting such timber as may
be necessary for domestic use, or to clear land for actual cultiva-
tion.
Approved March 9, 1893.
182
LAND LAWS OF WASHINGTON
5
RESERVING CERTAIN STATE LANDS FROM SALE.
[Laws of 1901, p. 24; P. C., §8338.]
AN ACT to reserve certain state lands from sale or lease, and declaring
an emergency.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That all of the southeast quarter of the south-
east quarter, the west half of the southeast quarter and lots 2
and 3, all in section 24, in township 22, north of range 26, east
of Willamette Meridian, in Douglas county, State of Washing-
ton, is hereby reserved from sale or lease, and the same shall not
be sold or leased unless directed by the Legislature of the State
of Washington.
SEC. 2. An emergency exists and this act shall take effect
immediately.
Approved February 28, 1901.
NOTE.-At time of the passage of this act said land was under lease, which lease
gave the lessor a preference right to re-lease or purchase. In an application for
mandamus to compel a re-lease and purchase, the superior court of Thurston county
entered a judgment as follows:
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON, IN AND FOR
THE COUNTY OF THURSTON.
THE STATE OF WASHINGTON, on the Relation of David Gallagher, Plaintiff, v.
E. W. Ross, COMMISSIONER OF PUBLIC LANDS OF THE STATE OF
WASHINGTON, Respondent.
No. 3191.
JUDGMENT.
An application for a peremptory writ of mandate having been made to this
court, upon due notice, upon the affidavit of David Gallagher, and the respondent
having interposed a demurrer to said application and the affidavit in support
thereof, and Messrs. Graves, Palmer, Brown & Murphy having been heard for the
application, and Mr. John D. Atkinson, Attorney General of the State of Washing-
ton, having been heard for the respondent, and the court being fully advised in
the premises, it is ordered and adjudged that said demurrer be and the same is
hereby ovrruled; and the said respondent electing to stand upon his demurrer and
to not plead further, and admitting that the facts stated in said affidavit are
true, and it appearing to the court that the act of the Legislature of the State of
Washington referred to in said affidavit, to-wit, the act entitled "An act to reserve
certain state lands from sale or lease, and declaring an emergency," approved
February 28, 1901, is invalid and void as regards the rights of the relator to have
the lands dsecribed in his affidavit released or sold in the manner provided for the
leasing and sale of similar state lands; and it further appearing that it was the
duty of the respondent to proceed to release said lands upon the application of
the relator in the manner prescribed by law, and to appraise and sell said land at
public auction in the manner provided by law upon the application of the lessee
thereof,
LAND LAWS OF WASHINGTON
183
It is, therefore, considered, ordered and adjudged by the court that the prayer
of the application herein be and the same is hereby granted, and the clerk of this
court is hereby ordered and directed to issue a peremptory writ of mandate herein,
commanding the said E. W. Ross, as Commissioner of Public Lands of the State
of Washington, to forthwith proceed to accept the application of relator to re-
lease said lands, and to fix the rental value thereof and issue a lease therefor ac-
cording to the course and practice of the office of said Land Commissioner, and
according to the law relating to the leasing of state lands of similar character,
disregarding the provisions of the act hereinbefore referred to so far as the same
relates to the lands described in the affidavit of relator; and further commanding
said respondent to proceed upon the application of relator as lessee of said lands,
to offer the same at sale at public auction according to the laws of the State of
Washington relating to the sale of similar lands, and according to the custom and
practice of his said office, disregarding the provisions of the act hereinbefore men-
tioned so far as the same relates to the lands described in the affidavit of relator.
Dated this 31st day of August, A. D. 1905.
O. V. LINN, Judge.
See also: State ex rel. Billings v. Bridges, 22 Wash. 64.
6
VACATING CERTAIN PLATTED LANDS.
[Laws of 1901, p. 212; P. C., §8339.]
An Act to vacate the plat of the N. E. 1 and N. 1 S. E. 1, section 36,
township 21 N., range 2 east of Willamette Meridian.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the plat and dedication thereof of the N. E.
1/4 and N. 2 S. E. 14 of section 36, Tp. 21 N., R. 2 E., Will-
amette Meridian, be and the same is hereby vacated and set
aside.*
Approved by the Governor March 16, 1901.
77
PROVIDING FOR SALE OF CERTAIN SCHOOL LAND.
[Laws of 1901, p. 312.]
AN ACT to provide for the sale of certain school land in section 36,
township 10 north, range 38 east, Willamette meridian.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the board of appraisers and the Commis-
sioner of Public Lands are hereby authorized to offer for sale and
*This land has been subsequently replatted by the Commissioner of Public
Lands.
184
LAND LAWS OF WASHINGTON
sell, under the provision of section 2144 to 2148, inclusive, of
Ballinger's Annotated Codes and Statutes of Washington, the
following described real estate, to-wit: Beginning at a point one
and fifty-hundredths chains west of the N. E. corner of the
N. W.14 of the S. W. 14 of section 36, Tp. 10 N., R. 38 E.,
W. M., running thence south 481½ degrees east, 4 30-100 chains ;
thence south 56 degrees west, 9.93 chains; thence north 34 de-
grees west, 6 chains; thence north 56 degrees east, 6.05 chains;
thence cast 3.50 chains to place of beginning: Provided, how-
ever, That such land shall not be sold for less than ten dollars
per acre: And provided further, That said lands shall never be
used for any other than cemetery purposes.
Approved by the Governor March 18, 1901.
LANDS FOR MARINE HOSPITAL ON COLUMBIA RIVER.
[Laws '05, p. 52.]
AN ACT directing the sale of the following described land, to-wit:
"Beginning on the north bank of th Columbia river at a point ten
rods east of the section line between sections seventeen and eighteen,
township nine north, range nine west of W. M.; thence north six
rods; thence west two rods; thence north fourteen rods; thence
west eighteen rods; thence south twenty rods to the bank of the
Columbia river; thence east along the meanders of said river to
the place of beginning, being two and fifty one-hundredths acres in
sections seventeen and eighteen, township nine north, range nine
west of W. M.," and making an appropriation therefor, and declar-
ing an emergency.
}
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the Commissioner of Public Lands in the
State of Washington be and he is hereby directed without appli-
cation to appraise and sell at public sale, in the manner provided
by law, the following described property, to-wit: Beginning on
the north bank of the Columbia river at a point ten. rods east of
the section line between sections seventeen and eighteen, town-
ship nine north, range nine west of W. M.; thence north six rods;
thence west two rods; thence north fourteen rods; thence west
LAND LAWS OF WASHINGTON
185
eighteen rods; thence south twenty rods to the bank of the Co-
lumbia river; thence cast along the meanders of said river to the
place of beginning, being two and fifty one-hundredths acres in
sections seventeen and eighteen, township nine north, range nine
west of W. M.
SEC. 2. The said Commissioer of Public Lands be and he
hereby is authorized on behalf of the state to appoint an agent
for the purpose of bidding on behalf of the state for said prop-
erty at the time it is offered for sale.
SEC. 3. The said Commissioner of Public Lands in case the
agent appointed purchases said property at said sale shall certify
the same to the Governor who with the Secretary of the State
of Washington shall make, execute and deliver to the government
of the United States Public Health and Marine Hospital service.
a deed to said land.
SEC. 4. That there is hereby appropriated out of the general
fund of the State of Washington the sum of one hundred dollars
($100) or as much thereof as may be necessary to pay for said
land in case the same is purchased.
SEC. 5. An emergency exists and this act shall take effect
immediately.
Approved by the Governor February 23, 1905.
9
SCHOOL LANDS-FOR THE RELIEF OF PURCHASERS OF.
[Laws 1889-90, p. 448; B. C., §§2118-2122; P. C. §§8332-8336.]
AN ACT for the relief of bona fide purchasers of school or university
lands heretofore sold under the authority of laws enacted by the
Territory of Washington, and declaring an emergency.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. All persons who have purchased school and uni-
versity lands from the commissioners of any county, county
school superintendent or other agent of the county, or the uni-
versity commissioners of the Territory of Washington, acting
186
LAND LAWS OF WASHINGTON
under the authority of any law passed by the Territory of Wash-
ington, where the full purchase price for such land has been paid
in good faith to such county or university commissioners, or other
authorized agent, may secure title thereto as hereinafter pro-
vided.
SEC. 2. That any person, or his executors, administrators,
heirs, assignee or successor in interest, being the legal and bona
fide holder and owner, assignee or legal representative of the per-
son to whom has been made a conveyance of such school or uni-
versity land, which conveyance has been executed by the county
commissioners or county school superintendent of any county, or
the university commissioners of the said territory of Washington,
or an authorized commissioner or regent of the university of said
territory, or by any other officer, commissioner or agent acting
under authority conferred by any law of the said Territory of
Washington, where the grantee named in such conveyance has
paid the full purchase price for said land, and for any reason
such grantee has not been vested with a title thereto, such pur-
chaser, his assignee or legal representative shall have a right of
action against the State of Washington, in the superior court of
the county in which the land is situated, to secure a confirmation
of title to the land described in said deed, or to a specific per-
formance of the conditions of the deed or instrument, and the
court in its decree may order a deed to be executed by the Com-
missioner of Public Lands of the State of Washington confirming
to the grantee, or assignee, or legal representative the tract de-
scribed in such conveyance, or intended to have been granted
thereby.
SEC. 3. Any person having or claiming any right or interest
in any land which shall be the subject of said action, shall be
made a party to said suit, and such right or interest of said
claimant, whether legal or equitable, shall be tried and determined
by said court, and the decree of the court shall have full power
to adjudge and settle the respective rights of the claiming
parties.
SEC. 4. In all cases where the land or tracts of land de-
scribed in such deed or conveyance shall have been granted to
LAND LAWS OF WASHINGTON
187
any other person or persons under any law of the United States
or not granted to the State of Washington, by reason whereof
said State of Washington is unable to confirm to the bona fide
purchasers of said tract who has duly paid the consideration in
such deed recited, or his legal representative or successor in in-
terest, the said State of Washington shall refund to such pur-
chaser or his successor in interest the full consideration by him
paid, together with lawful interest from the date of such pur-
chase.
SEC. 5. In such suits and actions instituted under the pro-
visions of this act, the practice and procedure shall conform to
the practice in superior courts regulating civil actions, and an
appeal or writ of error shall lie to the Supreme Court of the State
of Washington as in other civil actions.
SEC. 6. In order to facilitate confirmation of title in the cases
herein recited, an emergency is hereby declared to exist, and this
act shall take effect on and after its passage and approval.
Received by the Governor March 28, 1890.
10
EXCHANGE OF CERTAIN STATE LANDS FOR LANDS OWNED BY
COMMERCIAL TRUST COMPANY.
[Laws '07, p. 422.]
AN ACT authorizing the exchange of certain state lands for other lands
now owned by the Commercial Trust Company.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the Governor and Secretary of State are
hereby authorized and directed to execute on behalf of the state
a deed to the Commercial Trust Company, a corporation, for the
following described property now owned by the state, to-wit:
Beginning at the southeast corner of lot 3, of section 21, town-
ship 19 north, range 2 cast W. M.; thence north along the east
line of said lot 3, 1,320 feet more or less to the northeast corner
thereof; thence west on the north line of said lot 3, a distance of
891.98 feet to the shore line of American lake; thence along said
188
LAND LAWS OF WASHINGTON
shore line south 60° west 4.035 feet; thence south 27° 45' west
176.28 feet; thence leaving said shore line south 40° 4′ 35″ east
1582.2 feet to the place of beginning, containing 16.433 acres.
SEC. 2. The deed provided for in the preceding section shall
not be delivered to the grantee until there shall be delivered to
the Governor a deed to the state and abstract, to be approved by
the Attorney General, of the following described premises, to-wit:
Beginning on the west line of section 21, township 19 north,
range 2 east W. M., at its intersection with the northerly line of
the right-of-way of the Northern Pacific Railway Company;
thence north on said west line 1153.58 feet to the northwest cor-
ner of the south half of the southwest quarter of said section 21;
thence south 89° 4′ east along the north line of said south 1½ of
S. W. 1/4 1267.08 feet to an intersection with said northerly line
of the right-of-way; thence south 48° 50′ west along said line of
right-of-way 1161.51 feet; thence south 41° 10′ east 50.00 feet;
thence south 48° 50′ west 565.16 feet to the place of beginning;
containing 16.433 acres. Being the part of the said south half
of southwest quarter of section 21, lying west of the right-of-way
of the Northern Pacific Railroad Company.
Approved by the Governor March 15, 1907.
11
RELIEF OF GRANTEES OF B. NORMAN.
[Laws '01, p. 75.]
AN ACT for the relief of the grantees of B. Norman, holder of purchase
contract No. 233 for the southwest quarter of section thirty-six
(36), township seventeen (17) north, of range forty-five (45)
E. W. M.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That each grantee of B. Norman for a portion
of the southwest quarter of section thirty-six (36) in township
seventeen (17) north of range forty-five (45) E. W. M., or the
successor in interest of such grantee, who shall have his title to
the portion granted to him clear of state and county taxes, shall
have the right to apply to and receive from the State of Wash-
LAND LAWS OF WASHINGTON
189
ington, through the proper officials, a deed to the portion of said
land so as aforesaid acquired by him from the said B. Norman:
Provided, That he shall pay to the State of Washington for the
same at the price per acre specified in the original contract of
the said B. Norman therefor, being contract No. 233, receiving
credit for the proper proportion of payments on account of the
principal theretofore made to the state by the said B. Norman.
SEC. 2. That such application shall be made in writing to the
Commissioner of Public Lands and shall be accompanied by an
abstract of title showing the applicant's right to the deed as
provided by section 1 hereof, and shall also be accompanied by
a certified bank check for the sum required as purchase money
for the tract applied for, payable to the State Treasurer, when
such applicant shall be entitled to a certificate from the Commis-
sioner of Public Lands to the effect that he has purchased the
tract described in the application, which certificate shall be by
said Commissioner of Public Lands conveyed, together with said
certified bank check, to the State Treasurer, who, upon the pay-
ment of said bank check, shall issue to said applicant a certificate
of purchase for the land applied for, which, upon being presented
to the Governor of the state shall entitle such applicant to a deed
to the land therein described. Said deed shall be executed by
the Governor, attested by the Secretary of State, with the seal
of the state thereto affixed.
Approved by the Governor March 6, 1901.
12
RELIEF OF ANDREW ESKKOLA.
[Laws '07, p. 347.]
AN ACT for the relief of Andrew Eskkola, and authorizing the com-
missioner of public lands of the State of Washington to relinquish
on behalf of the State of Washington, for the benefit of Andrew
Eskkola, the southwest quarter of section six, in township eleven,
north of range eight, west of the Willamette Meridian.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. The Commissioner of Public Lands of the State
of Washington be and he is hereby authorized and empowered by
190
LAND LAWS OF WASHINGTON
the Legislature of the State of Washington, to execute in the
name of and on behalf of the State of Washington, and to file
in the proper United States land office, a relinquishment to
the United States of the claims of the State of Washing-
ton to the southwest quarter of section six, in township eleven
north of range eight, west of the Willamette Meridian, the said
relinquishment to take effect concurrently with the acceptance by
the Register and Receiver of the proper United States land office
of the homestead entry of Andrew Eskkola to the end that said
Andrew Eskkola may make homestead entry of said lands, and
the said Commissioner of Public Lands make selection of other
lands in lieu thereof.
Approved by the Governor March 13, 1907.
13
AUTHORIZING THE CONVEYANCE OF CERTAIN TIDE LANDS IN
LIEU OF OTHER TIDE LANDS TO LOUIS FEUREUR.
[Laws '01, p. 332.]
AN ACT to authorize the Governor and the Commissioner of Public
Lands to convey to Louis Feureur tide lands in lieu of tide lands
heretofore conveyed to said Feureur, and in exchange for same, in
front of Seattle, and declaring an emergency.
Be it enacted by the Legislature of the State of Washington:
WHEREAS, In replatting portions of the tide lands in front of
the city of Seattle, pursuant to authority conferred by law upon
the State Board of Land Commissioners, certain of said tide lands
theretofore conveyed to one Louis Feurer by the state were inad-
vertently and erroneously conveyed to one G. W. Davis; and
WHEREAS, In said replatting, the tide lands sought to be con-
veyed to said Feureur in lieu of tide lands theretofore conveyed to
him under the original plat do not include as large an amount of
frontage as is included in the tide lands so formerly conveyed and
is consequently less valuable; therefore,
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the State Board of Land Commissioners is
hereby authorized to effect a compromise with said Feuruer in
LAND LAWS OF WASHINGTON
191
said matter, and to convey to him such additional tide lands in
front of said city of Seattle and belonging to the State of Wash-
ington as may be necessary and reasonable in the judgment of
said board to compensate said Feuruer for the difference in value
between said tract so formerly conveyed to him and the tract now
sought to be conveyed to him in lieu thereof; and the Governor is
hereby authorized and empowered to execute such conveyance,
upon the recommendation and decision of the Board of Land
Commissioners. Such conveyance, when so made, shall take effect
only upon the acceptance of same by said Feuruer in full of all
demands upon the state, and upon the reconveying by him to the
state of said tide lands so formerly conveyed to him.
WHEREAS, It is necessary that the foregoing matter be speedily
adjusted; therefore an emergency exists, and this act shall take
effect immediately upon its passage and approval by the Gover-
nor.
Approved by the Governor March 18, 1901.
14
GRANTING THE RIGHT TO THE ILWACO RAILWAY AND NAVI-
GATION COMPANY TO MAINTAIN BOOMS, ETC.
[Laws '03, p. 265.]
AN ACT granting to the Ilwaco Railway and Navigation Company the
right to construct and maintain a log boom and storage boom for
logs on, and the right to occupy, use and enjoy all of the tide lands
fronting and for the uniform width of tracts fourteen and fifteen of
plat three according to the official plat or map of said tide lands on
file in the office of the auditor of and for Pacific county, Washington,
out and over the submerged tide lands of the State of Washington
to the inner harbor line in front of the town of Ilwaco, and declar-
ing an emergency.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That there be and is hereby granted to the Ilwaco
Railway & Navigation Company, and its successors and assigns,
the right to construct, maintain and operate a log boom and
storage boom for logs on and over all that portion of the sub-
merged tide lands of the State of Washington lying immediately
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LAND LAWS OF WASHINGTON
in front of tracts fourteen and fifteen of plat three of the tide
flats of Pacific county, Washington, as surveyed by the Board of
Tide Land Appraisers of Pacific county, Washington, and in ac-
cordance with the maps on file in the office of the Commissioner
of Public Lands, and for the whole and uniform width of said.
tracts out to the inner harbor line as established in front of the
town of Ilwaco.
SEC. 2. That the Ilwaco Railway and Navigation Company,
its successors and assigns, shall for so long a time as it maintains
and operates its railroad and maintains its wharf and boom, have
the right and privilege to use, occupy, possess and enjoy all of
the submerged tide lands described in the foregoing section, at
such annual rental as may be determined by the Board of State
Land Commissioners.
SEC. 3. That if at any time hereafter said land shall be
platted and appraised and the Ilwaco Railway and Navigation
Company, or its successors or assigns, shall have constructed its
said log boom and storage boom for logs on and over the said
land herein granted, then it or they shall have the preference
right of purchase of the whole of said tide lands at the appraised
value thereof for the period of sixty days next after the date of
filing of said appraisement with the Commissioner of Public
Lands, and in case said preference right shall not be exercised
within the time limiited, said lands may be sold to any other ap-
plicant therefor.
SEC. 4. That the Board of State Land Commissioners are au-
thorized and empowered to regulate pursuant to legislative enact-
ment, or under reasonable rules or regulations to be adopted by
them, or by both methods, the manner of use and occupation of
said tide lands and the maintenance of said boom and storage
boom for logs thereon.
SEC. 5. An emergency exists and this act shall take effect im-
mediately.
Approved by the Governor March 16, 1903.
1
LAND LAWS OF WASHINGTON
193
15
FOR THE RELIEF OF P. J. MCGOWAN & SONS, INC., AND THE
TOWN OF ILWACO.
[Laws '03, p. 186.]
AN ACT for the reiief of P. J. McGowan & Sons, incorporated, and grant-
ing to them the right and privilege to use and enjoy a strip or loca-
tion of tide lands eighty (80) feet wide and four hundred (400) feet
long, within the east half of the Holman waterway, according to the
official plat of the tide lands and harbor lines, in front of the town
of Ilwaco, on file in Pacific county; to use the land and location by
constructing and maintaining wharves and buildings thereon and
conducting any or all parts of the business of catching, canning,
packing or otherwise preserving salmon or other fish or food prod-
ucts, and disposing of the same; and for the relief of the said P. J.
McGowan & Sons, and the town of Ilwaco, in the rights and priv-
ileges, to occupy and use a strip or location of the said tide lands
within the Holman waterway twenty (20) feet wide and extending
eighteen hundred (1800) feet to the shore or meander line for the
purpose of constructing and maintaining a wharf and road wagon
[roadway] on the east of said waterway for the free use and benefit
of the public, said rights and privileges to be for a period of thirty
(30 years, and declaring an emergency.
WHEREAS, P. J. McGowan & Sons is a corporation organized
and existing as such under the laws of the State of Washington,
desires to construct and maintain wharves and buildings upon
the tide lands and waterway in front of the town of Ilwaco, Pa-
cific county, for the purpose of conducting the business of tak-
ing, catching, canning, packing or otherwise preserving salmon
and other fish and food products; and desires to secure as a loca-
tion for the same a portion of the Holman waterway and extend-
ing laterally along said waterway in a southerly direction toward
the inner harbor line, described as follows, to-wit: A strip eighty
(80) feet wide and four hundred (400) feet long, beginning at
a point fourteen hundred (1,400) feet beyond the meander line
of said waterway; and,
WHEREAS, The said enterprise proposed to be conducted by
the said P. J. McGowan & Sons will be a matter of business and
commercial benefit to the said town and locality, and there is no
public wharf in said town whereby the inhabitants or the general
-13
194
LAND LAWS OF WASHINGTON
public has connection with the navigable interest of the harbor;
therefore,
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That there is hereby granted to P. J. McGowan
& Sons, a corporation, its successors and assigns, the right and
privilege, for a period of thirty (30) years, to construct and
maintain wharves and buildings upon a strip or portion of the
east half of the Holman waterway, eighty (80) feet wide and
four hundred (400) feet long, beginning at a point on the east
half of said waterway fourteen hundred (1400) feet southerly
from the point of intersection of the United States government
meander line and the cast line of said waterway and extending
toward the inner harbor line, according to the official plat of the
tide lands and inner harbor lines in front of the town of Ilwaco,
on file in the county of Pacific, State of Washington, and to con-
duct on the said described premises all of the operations necessary
in the catching, canning, packing and preserving salmon and
other fish and food products.
SEC. 2. That there is hereby granted to P. J. McGowan &
Sons, aforesaid, and the town of Ilwaco, a municipal corporation
of the fourth class, organized and existing as such under the laws
of the State of Washington, or its inhabitants, or any of them,
the right and privilege, for a period of thirty (30) years, to con-
struct and maintain a wharf roadway twenty (20) feet in width,
from the south end of the above described premises along and
upon the east half of said waterway, mentioned in the foregoing
section to and connecting with the shore; said wharf roadway to
be at all times free to the public travel: Provided, That if the
said grantees, their successors or assigns, shall cease to maintain
its wharves, buildings, or cease to conduct or maintain the busi-
ness aforesaid or cease to permit the public use of said wharf
roadway free, then in that event the rights and privileges granted
under this act shall cease.
SEC. 3. An emergency is hereby declared to exist and this
act shall take effect and be in force immediately.
Approved by the Governor March 14, 1903.
LAND LAWS OF WASHINGTON
195
16
PROVIDING FOR THE SALE OF CERTAIN SHORE LANDS AND
CREATING ALASKA-YUKON-PACIFIC EXPOSITION FUND.
[Laws '07, p. 4.]
AN ACT to provide for the establishment of harbor lines, survey, plat-
ting and appraisal of shore lands of the first class of lakes Washing-
ton and Union, in King county, Washington, the sale and disposition
of said shore lands, the creation of the Alaska-Yukon-Pacific Exposi-
tion fund, and declaring an emergency.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. The Board of State Land Commissioners of the
State of Washington acting as a Board of Harbor Line Commis-
sion or other proper official capacity as now authorized by law,
shall, as soon as possible after the passage of this act, and not
later than July 1, 1907, establish harbor lines in Lakes Washing-
ton and Union, situated in King county, Washington, in front of
the city of Seattle, as the corporate limits shall at that time be
established, and including also the city of Columbia in the event
said city be not at that time consolidated with the city of Seattle,
and to extend such harbor lines such distance on either side from
the said corporate limits of the said city of Seattle as required
by any existing law; and to survey, plat, examine and appraise
such shore lands of the first class within or in front of the limits
of said city of Seattle and the city of Columbia if the said city
be not then consolidated with the city of Seattle, and within two
miles of said city of Seattle on either side, said establishment of
said harbor lines, survey, platting, examination and appraisal
shall be done and performed in the mode and manner and in com-
pliance with any existing law of this state, not inconsistent with
the provisions of this act: Provided, however, That the State
Board of Tax Commissioners, together with the Attorney Gen-
eral, shall act with the Board of State Land Commissioners in
appraising said shore lands. After the establishment of said
harbor lines and the survey, platting, examination and appraisal
as aforesaid, a copy of the plat and record thereof, as required
by existing law, shall be deposited with the county auditor of
King county, Washington, and another copy shall be delivered
1
196
LAND LAWS OF WASHINGTON
to the Commissioner of Public Lands of this state, and the same
shall be filed and safely kept as required by law, and before de-
livering said plat and record to the Commissioner of Public
Lands the notice shall be given as required by law, and the same
shall be subject to inspection and appeal from said appraisement
fixed by said commission, and all other proceedings be and re-
main the same as now provided by law, except as may be changed
or altered by this act.
SEC. 2. Within twenty (20) days following the filing of the
final appraisal of said shore lands with the Commissioner of
Public Lands, the owner or owners of lands abutting or fronting
upon said shore lands, and all other persons, firms, or corpora-
tions having the preference right of purchase, as provided by
any existing law of this state, may apply for the purchase of
said shore lands in the mode and manner required or authorized
by any existing law of this state, except as modified or amended
by the provision of this act. Such application shall be in writ-
ing and filed within said twenty (20) days, and if at the end
of said twenty days there shall be no conflicting applications
filed, the applicant shall be deemed to have the right of purchase.
And if at the expiration of said twenty days two or more appli-
cations shall have been filed for any tract conflicting with each
other, such proceedings shall be had as is authorized or required
by any existing law, except as may be changed by this act: Pro-
vided, however, That in case of contest, interest shall be charged
upon the appraised value at the rate prescribed by law from the
date of the expiration of said twenty day period, and such in-
terest shall be paid at the time the first installment of principal
is made, and no contract shall issue unless such interest be paid.
Any of said shore lands remaining unsold and where there is no
pending application for the purchase of the same, shall be sold
in the same manner as provided by law for the sale of school and
granted lands.
SEC. 3. All of said shore lands whether sold to any applicant
as above provided, or sold at public auction, in cases where there
is no pending application as above provided, shall be paid for
by the purchasers in three equal installments, the first of which
LAND LAWS OF WASHINGTON
197
payments shall be made at the time of the issuance of a contract
by the state to the purchaser thereof, and the two remaining
installments within one and two years from the date of such
contract, and all other provisions of the existing laws of this
tsate governing the matter of the sale of the state's granted,
school, tide and other lands shall govern and control the sale
and disposition of said shore lands, except as modified or changed
by the provisions of this act.
SEC. 4. All of the proceeds of the sale of said shore lands,
principal and interest, shall, when collected, be paid to the State
Treasurer, and there is hereby created the Alaska-Yukon-Pacific
Exposition fund to consist of the proceeds of said sales of said
shore lands, both principal and interest.
SEC. 5. The provisions of any existing law of this state re-
lating to the selection, survey, management, reclamation, lease
and disposition of the state's granted, school, tide, oyster and
other lands or harbor areas, or any other law of this state ap-
plicable thereto, shall control and govern the establishment of
the harbor lines, survey, platting, appraisal, sale and disposition
of the shore lands mentioned in this act, except as modified,
altered or repealed by the provisions of this act.
SEC. 6. Those shore lands in section 16, township 25 north,
range 4 E., W. M., lying in front of the limits of what is known
as the University of Washington site, and all shore lands within
the harbor lines or waterway lines herein provided for, which lie
in front of any public park donated to or belonging to the city
of Seattle, or in front of any lands which may have been
acquired by the city of Seattle for park purposes prior to the
final appraisal of the shore lands, are exempted from sale here-
under. The lands lying in front of the university site are hereby
donated to the University of Washington and shall be held and
used for university purposes only. The shore lands lying in
front of the public parks, and acquired lands hereinabove re-
ferred to, are donated to the city of Seattle: Provided, however,
That all such lands donated to the city of Seattle, shall be used
by it only in connection with and as a part of its public park
system. Any diversion or attempted diversion of such lands
。
+
198
LAND LAWS OF WASHINGTON
ارة
from park purposes, shall cause the title to said lands to revert
to the state.
SEC. 7. An emergency exists and this act shall take effect
immediately.
Approved by the Governor February 4, 1907.
17
GRANTING RIGHT-OF-WAY FOR LAKE WASHINGTON CANAL.
[Laws '07, p. 498.]
AN ACT granting to the United States of America a right of way for
Lake Washington Canal in King county through lands and shore
lands belonging to the State of Washington or the University of
Washington, and declaring an emergency.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That a right-of-way of not exceeding five hun-
dred (500) feet in width is hereby granted to the United States
of America through any lands or shore lands belonging to the
State of Washington, or to the University of Washington, and
lying in King county between Lakes Union and Washington, or
in or adjoining either of them, the southern boundary of such
right-of-way on the upland to be coincident with the southern
boundary of the lands now occupied by the University of Wash-
ington adjacent to the present right-of-way of said canal; the
width and definite location of such right-of-way before the same
is taken possession of by said United States shall be plainly and
completely platted and a plat thereof approved by the Secretary
of War of the United States filed in the office of the State Land
Commissioner: Provided, That nothing in this act contained
shall be construed to repeal or impair any right, interest, privil-
ege or grant expressed or intended in the act of the Legislature
of the State of Washington approved February 8, 1901, en-
titled, "An act relative to and in aid of the construction, main-
tenance and operation by the United States of America of a
ship canal with proper locks and appurtenances to connect the
waters of Lakes Union and Washington in King county with
Puget Sound and declaring an emergency."
LAND LAWS OF WASHINGTON
199
SEC. 2. An emergency exists and this act shall take effect
immediately.
Approved by the Governor March 16th, 1907.
18
CONSTRUCTION, MAINTENANCE AND OPERATION OF SHIP
CANAL.
[Laws '01, p. 7.1
AN ACT relative to and in aid of the construction, maintenance and
operation by the United States of America of a ship canal, with
proper locks and appurtenances to connect the waters of Lakes
Union and Washington, in King county, with Puget Sound, and
declaring an emergency.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That in aid of the construction, maintenance and
operation of a ship canal, by the United States of America,
to connect the waters of Lakes Union and Washington, in King
county, with Puget Sound, together with all necessary and con-
venient locks, landways, spill-ways, buildings, power plant and
other proper appurtenances, there be and hereby is granted by
this state to said United States the right to place, construct,
maintain, and operate, such ship canal, landways, spillways,
buildings, power plant and other proper appurtenances, upon,
along, through and over any and all lands belonging to and
waters of this state in said King county within such limits as
shall be defined by the plans and specifications for such improve-
ment as the same shall be approved by the United States Sec-
retary of War, and the right to raise the waters of Salmon bay
and the right to lower the waters of Lake Washington, in prose-
cution of such improvement, and this state hereby releases the
United States from all liability to damages to this state, its suc-
cessors or assigns, that shall or might arise from such lowering
or raising of waters, or otherwise from such improvement. But
nothing in this act contained shall operate as an assumption of
nor create any liability on the part of the state, for any damages
which may result to any person, company or corporation.
200
LAND LAWS OF WASHINGTON
SEC. 2. An emergency exists, and this act shall take effect
immediately.
Approved by the Governor February 8, 1901.
This act did not interfere with contracts, rights in tide and shore lands
affected: State ex rel. Bussell v. Callvert, 33 Wash. 380.
19
PROVIDING FOR THE IMPROVEMENT OF LAKE CHELAN.
[Laws '03, p. 152.]
AN ACT providing for the improvement of Lake Chelan for navigation
purposes, and declaring an emergency.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. Permission is hereby granted to the town of
Chelan, a municipal corporation, to place, erect, construct, op-
erate and maintain a breakwater upon, across, through and along
the waters of this state in the Chelan river, for the purpose of
raising the waters of Lake Chelan: Provided, That the said
breakwater shall be so constructed that it can be removed to the
extent that it will not impede the present natural outflow of the
waters of Lake Chelan: And provided further, That the said
breakwater cannot at any time be used for the purpose of raising
the waters of Lake Chelan more than two feet above the extreme
low water mark, and shall be removed to permit the present
natural outflow of said waters on or before the fifteenth day of
March of each year, and shall not again be used to impede the
said natural outflow until after the high water period of each
year and until the waters of said Lake Chelan shall have receded
to an elevation not exceeding two feet higher than the extreme
low water mark.
SEC. 2.
The town of Chelan shall immediately erect and
maintain during the period of the maintenance of the breakwater
permitted by this act, a substantial steel or iron post near the
head of the Chelan river, in full view of the public, such post
being plainly marked so as to correctly indicate at all times the
depth of the water.
LAND LAWS OF WASHINGTON
201
SEC. 3. The State of Washington hereby releases said town
of Chelan from any and all liability to the state that shall or
might accrue from such raising of water: Provided, That noth-
ing in this act contained shall operate as an assumption of nor
create any liability on the part of the state for any damages
which may result to any person, company or corporation by rea-
son of said improvement or the permission hereby granted.
SEC. 4. A failure to comply with the requirements of this
act shall result as a forfeiture of the rights herein granted.
SEC. 5. An emergency is hereby declared to exist and this
act shall take effect immediately.
Approved by the Governor March 14, 1903.
20
RAILROAD RIGHT OF WAY OVER STATE LANDS AT AMERICAN
LAKE.
[Laws '07, p. 411.]
AN ACT relating to the acquisition of rights-of-way for railroads through
lands owned by the State of Washington, held for military purposes
at American lake, Pierce county, Washington, and declaring an
emergency.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. Authority is hereby conferred upon the Governor
of the State of Washington to sell and convey a right-of-way
for an electric railroad or electric railways over and across the
lands belonging to the State of Washington in Pierce county,
Washington, in the S. W. 14 of section 20, and the S. E. 14
of section 20, township 19 north, range 2 east, Willamette
Meridian : Provided, That sufficient assurance be given the Gov-
ernor that such electric road be constructed and in operation be-
tween Murray station, situated on said described lands, and Ta-
coma within four months of date of conveying such right-of-way.
SEC. 2. Before the Governor shall have any authority to sell
the right-of-way provided in the first section of this act, the
in
Adjutant General of the State of Washington shall approve,
writing, the location and extent thereof, and the Board of State
202
LAND LAWS OF WASHINGTON
Land Commissioners shall appraise the value of the same; and
no sale of right-of-way for said purpose shall be made at less
than the appraised value. The applicant for such right-of-way
shall furnish to the Board of State Land Commissioners a plat
showing the location desired, and if the Adjutant General shall
in any respect modify said plat, the applicant shall pay all the
expense attendant upon and incidental to said modification.
SEC. 3. After approval of the application for such right-of-
way by the Adjutant General, and appraisal by the Board of
State Land Commissioners, the Governor, upon payment of said
appraised value to the State Treasurer, to be placed in the mili-
tary fund, shall execute a patent for the said right-of-way.
The title to said right-of-way shall convey the right only to use
the land embraced within said right-of-way for railroad pur-
poses, and subject to such use the title shall remain in the state.
SEC. 4. An emergency exists and this act shall take effect
immediately.
Approved by the Governor March 15th, 1907.
21
RAINIER NATIONAL PARK.
[Laws '01, p. 192.]
AN ACT ceding to United States jurisdiction over Rainier National Park.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. Exclusive jurisdiction shall be, and the same is
hereby ceded to the United States over and within all the terri-
tory that is now or may hereafter be included in that tract of
land in the State of Washington, set aside for the purposes of
a national park, and known as the Rainier National Park; saving
however, to the said state, the right to serve civil or criminal
process within the limits of the aforesaid park, in suits or prose-
cutions for or on account of rights acquired, obligations incurred
or crimes committed in said state, but outside of said park; and
saving further to the said state the right to tax persons and cor-
porations, their franchises and property on the lands included
LAND LAWS OF WASHINGTON
203
in said park: Provided, however, This jurisdiction shall not vest
until the United States through the proper officer, notifies the
Governor of this state that they assume police or military juris-
diction over said park.
Approved by the Governor March 16, 1901.
22
MAKING THE PACIFIC COAST SEA BEACH IN CHEHALIS
COUNTY A PUBLIC HIGHWAY.
[Laws '01, p. 217; P. C., §§8536-8538.]
AN ACT to make the sea shore or sea beach of the Pacific ocean in Che-
halis county, State of Washington, a public highway forever.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the shore and beach of the Pacific ocean,
including the area or space lying between ordinary high tide and
extreme low tide (as such shore and beach now are or hereafter
may be) from the southerly point of Damon's Point on the north
side of the entrance to Gray's Harbor to the mouth of the Queets
river, State of Washington, be and the same are hereby declared
a public highway forever, and as such highway shall remain
forever open to the use of the public.
SEC. 2. No part of said shore or beach shall ever be sold,
leased or otherwise disposed of.
SEC. 3. No lease or contract of sale now existing on or for
any part or parts of said shore or beach shall be renewed or
extended.
SEC. 4. All laws or parts of laws of the State of Washington
in conflict with this act, are hereby repealed.
SEC. 5. An emergency exists and this act shall take effect
immediately.
Approved by the Governor March 16, 1901.
204
LAND LAWS OF WASHINGTON
23
MAKING THE SEA BEACH IN PACIFIC AND CHEHALIS COUN-.
TIES A PUBLIC HIGHWAY.
[Laws '01, p. 225; P. C., §§8538-8542.]
AN. ACT to make the sea shore or sea beach of the Pacific ocean in
Pacific and Chehalis counties, State of Washington, a public high-
way forever, to provide for the cancellation of existing contracts of
sale and lease of such sea shore and sea beach, and declaring an
emergency.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the shore and beach of the Pacific ocean,
including the area or space lying, abutting or fronting on said
ocean and between ordinary high tide and extreme low tide (as
such shore and beach now are or hereafter may be) from the
Columbia river or Cape Disappointment on the south to a point
three hundred feet southerly from the south line of the govern-
ment jetty on Peterson's point, State of Washington on the
north, be and the same are hereby declared a public highway for-
ever, and as such highway shall remain forever open to the use of
the public.
SEC. 2. No part of said shore or beach shall ever be sold,
conveyed, leased or otherwise disposed of.
SEC. 3. No lease or contract of sale now existing on or for
any part or parts of said shore or beach shall be renewed or
extended, nor shall any sale or conveyance of any part or parts
of said shore or beach be made or executed under or by virtue of
any such lease or any contract of sale.
SEC. 4. In any and all cases where any part or parts of said
shore or beach has been sold or conveyed, or been contracted to
be sold or conveyed, or has been leased by the State of Washing-
ton to any person or corporation, any such person, or his heirs,
executors, administrators or assigns, or any such corporation or
its successors or assigns, may reconvey to the State of Washing-
ton such part or parts of said shore or beach so sold or conveyed
by the State of Washington, or surrender for cancellation any
such contract or lease, and thereupon the Commissioner of Public
Lands of the State of Washington is hereby authorized and di-
LAND LAWS OF WASHINGTON
205
rected to cancel such contract or lease, and to refund or cause to
be refunded any moneys received by the State of Washington on
account of such sale, conveyance, contract or lease.
SEC. 5. All laws and parts of laws of the State of Washing-
ton in conflict with this act are hereby repealed.
SEC. 6. An emergency is hereby declared to exist, and this
act shall take effect immediately.
Approved by the Governor March 16, 1901.
24
SALE OF CERTAIN TIDE LANDS IN JEFFERSON COUNTY.
[Laws '07, p. 455.]
AN ACT to provide for the sale of certain state tide lands situate in
Jefferson county, and to provide for the survey, appraisement, classi-
fication, price and manner of sale thereof, and making an appropria-
tion therefor, and providing for the disposition of the proceeds of
said sale.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. The State Oyster Commission is hereby author-
ized and directed to cause a resurvey and appraisement of the
state oyster land reserves of Jefferson county, and to file plats
thereof in the manner now provided by law, and to indicate there-
upon all such portions thereof as are natural oyster beds, which
shall be classified as first class.
SEC. 2. That after the survey, appraisement and filing of
the plat as hereinbefore provided for, and upon application of
any person or persons, for purchase of any portion of the said
land, other than first class, the said State Oyster Commission
shall cause notice thereof to be given in the manner now provided
by law, for the sale of other tide lands, and at the time and place
designated in said notice, shall proceed to sell the same at public
auction, to the highest bidder, the same not to be sold at less than
the appraised value: Provided, That not more than fifty acres
shall be sold to any one individual or corporation: And providea
further, That payment may be made for said land in cash, upon
the following terms, to-wit: One-tenth cash to be paid at time
206
LAND LAWS OF WASHINGTON
of sale, and the balance of the purchase price in deferred pay-
ments of nine equal annual payments, with interest on all de-
ferred payments, at the rate of six per cent per annum.
SEC. 3. Nothing in this act contained shall change, modify
or repeal any existing provisions of the general law relating to
the sale and use of tide lands for the culture of oysters or other
shell fish, but shall be additional thereto and concurrent there-
with, and all sales of tide lands made hereunder for the purpose
of the culture of oysters or other shell fish shall be subject to
like conditions and reversions prescribed by existing laws for
similar lands sold for like purposes.
SEC. 4. For the purpose of carrying out the provisions of
this act, the sum of $2,000.00, or so much thereof as may be
necessary is hereby appropriated from the general fund of the
state: Provided, however, That from the proceeds or so much
thereof as may be used, for the purposes hereinbefore provided,
shall be reimbursed to the state general fund, and thereafter fifty
per cent of the amount received from the sales of any such lands
shall be paid into the state general fund and fifty per cent shall
be paid into a fund to be used for the improvement, protection
and supervision of the state oyster reserves.
Approved by the Governor March 15, 1907.
25
FROVIDING FOR SURVEY OF TIDE LANDS ON THE COLUMBIA
RIVER IN FRONT OF THE CITY OF VANCOUVER.
[Laws '01, p. 186; P. C., §§8273-8275.]
AN ACT to provide for the survey of the tide and shore lands on the
Columbia river in front of the city of Vancouver, Washington, for an
appraisement of the same and granting abutting owners the prefer-
ence right of purchase.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That it shall be the duty of the Harbor Line
Commission to, immediately after the passage of this act, cause a
survey of the tide and shore lands within the harbor line of the
Columbia river in front of the city of Vancouver to be made.
LAND LAWS OF WASHINGTON
207
SEC. 2. That after said survey said Harbor Line Commis-
sion shall cause the same to be appraised the same as other lands
of a similar character are appraised as now provided by law.
d
SEC. 3. That after said appraisement the same shall be sold
according to law: Provided, The owner of the abutting land
shall have a preference right of purchase for the period of sixty
days.
Approved by the Governor March 16, 1901.
26
RELATIVE TO TIDE LANDS WITHIN CITY LIMITS OF
ABERDEEN.
[Laws '01, p. 297.]
AN ACT relating to the tide or shore lands within the city limits of the
city of Aberdeen, Chehalis county, Washington, and providing for
the completion of the survey, plats and appraisement, for the sale
of said lands, and the leasing of the harbor line area abutting upon
such tide or shore lands, and declaring an emergency.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. The Board of State Land Commissioners of the
State of Washington are hereby authorized and required to com-
plete the survey, plats and appraisement of the tide or shore
lands embraced within the city limits of the city of Aberdeen,
Chehalis county, Washington, and to file the said plats, and ap-
praisement, on or before the first day of July, 1901, in the State
Land Commissioner's office, and a copy thereof in the auditor's
office of said Chehalis county.
SEC. 2. Immediately upon the filing of said plats, and ap-
praisement, the said Board of State Land Commissioners shall
give notice by publication in each newspaper published in said
city of Aberdeen that said plats and appraisement are filed, which
notice shall be published at least once in each week in each of said
papers, for four consecutive weeks, which notice shall contain a
further notice that said tide or shore lands are open for sale, ac-
cording to law.
208
LAND LAWS OF WASHINGTON
SEC. 3. The owner or owners of said land abutting or front-
ing upon the tide or shore lands of the first class shall have the
preference right for sixty days following the filing of the final
appraisal of the tide and shore lands with the Commissioner of
Public Lands and of the copy of the same with the county auditor
of Chehalis county, Washington, to apply for the purchase of all
or any part of the tide or shore lands in front of the land so
owned; and to apply for the leasing of the harbor line area
abutting upon such tide or shore lands: Provided, That if valu-
able improvements in actual use prior to January 1st, 1901, for
commerce, trade, residence or business, have been made upon said
tide or shore lands by any person, association or corporation, the
owner of such improvements shall have the exclusive right to
apply for the purchase of the lands so improved for the period
aforesaid.
SEC. 4. An emergency exists and this act shall take effect
immediately.
Approved by the Governor March 18, 1901.
See recitals in preamble to and the following act.
27
RELATING TO ABERDEEN TIDE LANDS.
[Laws '03, p. 22; P. C., §§8259-8259d.]
AN ACT relating to the tide lands of Aberdeen, and providing for the
platting, appraisement and sale thereof, and declaring void the
Harbor Line Commissioner's map of Aberdeen heretofore filed,
and providing for the establishment and leasing of harbor areas
therein, and making an appropriation for such purposes, and de-
claring an emergency.
WHEREAS, The Board of Harbor Commissioners of the State
of Washington, acting under authority of Art. XV., Sec. 1, of
the State Constitution and the act of the Legislature approved
March 28, 1890, entitled, "An act to create a Board of Harbor
Line Commissioners, prescribing their duties and compensation,”
attempted to establish harbor lines, at the city of Aberdeen,
caused surveys to be made, and duplicate maps to be made, one
LAND LAWS OF WASHINGTON
209
of which was filed in the office of the county auditor on Febru-
ary 16, 1892, and one in the office of the State Land Commis-
sioner on the 3rd day of February, 1892; and,
WHEREAS, NO monuments of such survey remain, there is
irreconcilable conflict between said maps and the field notes of
such survey, so that it is impossible to now determine the loca-
tion of said harbor lines, and for that reason impossible for the
state officers to plat, appraise, sell or otherwise deal with the tide
lands in front of said city, thereby depriving the state of revenue
therefrom, preventing purchase and improvements of such tide
lands, or leasing of harbor area at said city, to the great detri-
ment of the state, of the residents of said city and of the public
generally; and,
WHEREAS, The superior court of the State of Washington for
Chehalis county has rendered judgment establishing the invalid-
ity of said maps and surveys; and,
WHEREAS, By reason of the facts aforesaid, harbor lines have
never been established in front of said city, and the early estab-
lishment of such harbor lines is necessary in the public interests,
wherefore,
Be it enacted by the Legislature of the State of Washington:
SECTION 1. The Harbor Line Commissioner's map of Aber-
deen harbor, heretofore filed in the office of the State Land Com-
missioner, and in the office of the auditor of Chehalis county, is
hereby declared null and void, and the Board of State Land
Commissioners is hereby empowered and instructed, and it shall
be the duty of such board, as soon as practicable hereafter, to
locate and establish harbor lines in the Chehalis river and in
Grays Harbor in front of the city of Aberdeen, in conformity
with the general laws of this state governing the establishment
of harbor lines.
SEC. 2. The plats and appraisements of the Aberdeen tide
lands in Chehalis county, heretofore made and deposited in the
office of the Commissioner of Public Lands, are hereby annulled
and set aside. The Board of State Land Commissioners is au-
---14
210
LAND LAWS OF WASHINGTON
thorized and instructed, and it is hereby made its duty as soon
as practicable hereafter, to cause the tide lands within the limits.
of the city of Aberdeen to be surveyed, platted and appraised.
Such survey and plat shall be made as nearly as may be in con-
formity with the general laws of this state relating to the survey-
ing and platting of tide lands. All plats shall be made in dupli-
cate and one shall be filed in the office of the State Land Commis-
sioner, and one in the office of the auditor of Chehalis county.
SEC. 3. In making the appraisement of the tide lands men-
tioned in the preceding section, excepting as to improvements, the
Board of State Land Commissioners shall use the same basis of
valuation, as nearly as may be, upon which the lots and parcels
of tide lands were originally appraised, as shown in volume two
of Appraisements of Tide and Shore Lands of Chehalis County,
as heretofor (heretofore) made by the local board of tide and
shore land appraisers, now on deposit in the office of the State
Commissioner of Public Lands, applying the same, as near as
may be, with due regard to location and proportionate areas, so
that the appraisement hereby directed to be made shall conform
as near as may be to said former appraisement, according to said
record thereof so on deposit. The record of such appraisement
shall be made in duplicate, one to be filed with the State Commis-
sioner of Public Lands and one with the auditor of Chehalis
county.
SEC. 4. The owner or owners of lands abutting or fronting
upon any of the tide lands hereinbefore mentioned shall have the
right, for sixty (60) days following the final appraisement and
plat of such tide lands with the Commissioner of Public Lands, to
apply for the purchase of all or any portion of the tide lands in
front of the lands so owned: Provided, That if valuable improve-
ments, and in actual use prior to March 26, 1890, for commerce,
trade, residence or business, have been made upon said tide lands
by any person, association or corporation, the owner or owners of
such improvements shall have the exclusive right to apply for the
purchase of lands so improved for the period aforesaid: Pro-
vided further, That the owner of such improvements shall have
LAND LAWS OF WASHINGTON
211
the right in all cases to purchase in addition to the tide lands
covered by such improvements, unoccupied and unimproved tide.
lands adjoining such improvements sufficient for the necessary
and convenient use and enjoyment of such improvements and
business, and such right of purchase shall be prior and superior
to that of the upland owner or others claiming under him: And
provided further, That when the abutting upland owner has at-
tempted to convey by deed to a bona fide purchaser any portion
of the lands in front of such upland, or littoral rights therein,
the right of purchase bing given to the upland owner shall be con-
strued to belong to such purchaser, or any person, association or
corporation claiming by, through or under such purchaser, to
the extent of the tract or right so conveyed. The preference
right hereby given to purchase any tide land abutting or border-
ing upon the harbor area shall carry with it the preference right
to lease the harbor area in front of such tide lands, provided that
the person applying for such preference right of purchase of
tide lands shall within the period limited for exercising his pref-
erence right to purchase tide lands also apply to lease the harbor
area in front of such tide lands. Wherever there is no tide land
between the harbor area and the upland the owner of such upland
shall have a like preference right to lease the abutting harbor
area..
SEC. 5. The general laws of this state in relation to the plat-
ting, appraisement and sale of tide and shore lands and the estab-
lishment and leasing of harbor areas, when not inconsistent with
this act, shall be applicable hereto relative to notice of filing of
plats, manner of exercising the preference right of purchase or
lease, appeals from the.State Board of Land Commissioners and
to all other proceedings except as herein otherwise expressly pro-
vided.
SEC. 6. There is hereby appropriated out of the harbor area
fund the sum of $3,000, or so much thereof as may be necessary
therefor, for the purpose of carrying out the provisions of this
act, and the State Auditor is hereby authorized to draw warrants
thereon for said purpose.
212
LAND LAWS OF WASHINGTON
SEC. 5. An emergency is declared to exist and this act shall
be in force from and after its passage and approval.
Approved by the Governor February 26, 1903.
28
RELATING TO TIDE LANDS AT CITY OF HOQUIAM.
[Laws '03, p. 43; P. C., §§8260-8260d.]
AN ACT relating to the tide lands of the city of Hoquiam and provid-
ing for the platting, appraisement and sale thereof, and declaring
void the Harbor Line Commissioner's maps of Hoquiam heretofore
filed, and providing for the establishment and leasing of harbor
areas therein, and making an appropriation for such purposes, and
declaring an emergency.
WHEREAS, The Board of Harbor Line Commissioners of the
State of Washington, acting under authority of article XV., sec-
tion 1, of the State Constitution, and the act of the Legislature
approved March 28, 1890, entitled "An act to create a Board of
Harbor Line Commissioners, prescribing their duties and com-
pensation,” attempted to establish harbor lines at the city of Ho-
quiam, caused surveys to be made and duplicate maps to be made,
one of which was filed in the office of the county auditor of .Che-
halis county, September 6, 1894, and one in the office of the State
Land Commissioner September 6, 1894, and,
WHEREAS, No monuments of such survey remain and there
is irreconcilable conflict between the said maps and the field notes
of such survey so that it is now impossible to determine the loca-
tion of the said harbor lines, and for that reason impossible for
the state officers to plat, appraise, sell or otherwise deal with the
tide lands in front of said city, thereby depriving the state of
revenue therefrom, and preventing purchase or improvement of
such of the tide lands or leasing the harbor area at said city to
the great detriment of the state, and the residents of said city and
the public generally; and,
WHEREAS, By reason of the facts aforesaid, harbor lines have
never been established in front of said city and the early estab-
LAND LAWS OF WASHINGTON
213
lishment of such harbor lines is necessary in the public interests;
therefore
Be it enacted by the Legislature of the State of Washington:
SECTION 1. The Harbor Line Commissioner's map of Ho-
quiam harbor heretofore filed in the office of the State Land Com-
missioner and in the office of the auditor of Chehalis county is
hereby declared null and void, and the Board of State Land Com-
missioners is hereby empowered and instructed, and it shall be
their duty as such board, as soon as practicable hereafter, to lo-
cate and establish the harbor lines in Gray's Harbor in front of
the city of Hoquiam in conformity with the general laws of this
state covering the establishment of harbor lines. Duplicate maps
of said harbor lines shall be made and filed, one in the office of
the State Land Commissioner and the other in the office of the
auditor of Chehalis county.
SEC. 2. The plats and appraisements of the Hoquiam tide
lands in Chehalis county heretofore made and deposited in the
office of the Commmissioner of Public Lands April 30, 1895, and
in the office of the county auditor of Chehalis county April 30,
1895, shall be amended by adding thereto plats and appraise-
ments of so much of the Hoquiam tide lands as may be found to
lie between the Hoquiam tide lands set forth on said plats and the
inner harbor line as located and established under section 1
hereof. And the State Board of Land Commissioners is author-
ized and instructed and it is hereby made its duty, as soon as
practicable hereafter, to cause the tide lands in front of the said
city, between the tide lands set out on said plats and the inner
harbor line as located and established under section 1 of this act
to be surveyed, platted and appraised. Such survey and plats
shall be made as nearly as may be practical in conformity with
the general laws of this state relating to the survey and plats
of tide lands, and shall be made as nearly as may be in con-
formity with the surveys and plats of the tide lands in front of
the said city of Hoquiam heretofore deposited in the offices of
the State Land Commissioner and the county auditor. All plats
shall be made in duplicate and one shall be filed in the office of
214
LAND LAWS OF WASHINGTON
the State Land Commissioner and one in the office of the auditor
of Chehalis county.
SEC. 3. Report of the appraisement of the tide lands herein
authorized shall be made in duplicate, one of each shall be filed.
with the State Commissioner of Public Lands and one with the
auditor of Chehalis county.
SEC. 4. The owner or owners of land abutting or fronting
upon any of the tide lands herein authorized to be surveyed, plat-
ted and appraised shall have the right for sixty (60) days fol-
lowing the filing of the final appraisement and plat of such tide
lands with the State Land Commissioner to apply for the pur-
chase of all or any portion of the tide lands in front of the lands
so owned: Provided, That if valuable improvements in actual
use prior to February 1st, 1903, for commerce, trade, residence
or business have been made upon said tide lands hereinbefore au-
thorized to be platted, surveyed and appraised, by any person,
association, corporation, the owner or owners of such improve-
ments shall have the exclusive right to apply for the purchase
of the lands so improved for the period aforesaid: Provided,
further, That when the abutting upland owner has attempted to
convey by deed to a bona fide purchaser any portion of the tide
lands heretofore surveyed, platted and appraised, the right to
purchase being given to such upland owner, shall be considered
to apply to such purchaser, or any person, association, or corpor-
ation claiming by, through or under such purchaser to the extent
of the tract or right so conveyed. The preference right hereby
given to purchase any tide lands abutting or bordering on the
harbor area shall carry with it the preference right to lease the
harbor area in front of such tide land: Provided, That the per-
son applying for said preference right or purchase of tide lands
shall, within the period limited for exercise of his preference right
to purchase tide lands, also apply to lease the harbor area in
front of said tide lands.
SEC. 5. The general laws of the state in relation to the plat-
ting, appraisement and sale of tide lands and shore lands and the
establishment and leasing of harbor area, when not inconsistent
with this act, shall be applicable hereunder, relative to notice of
LAND LAWS OF WASHINGTON
215
filing of plats, manner of exercising the preference right of pur-
chase or lease, appeals from the State Board of Land Commis-
sioners, and all other proceedings so far as necessary to carry out
the purpose of this act.
SEC. 6. There is hereby appropriated out of the general fund
the sum of $4,000, or so much thereof as may be necessary there-
for for the purpose of carrying out the provisions of this act,
and the State Auditor is hereby authorized to draw warrants
hereon for said purpose.
29
REVISION OF A PORTION OF PLAT OF THE SEATTLE TIDÉ
LANDS.
[Laws '97, p. 32; P. C., §§8168-8172.]
AN ACT providing for the correction and revision of a portion of the
plat of Seattle tide lands, and an appraisement of the lots in the
portion so revised and corrected, authorizing and prescribing the
manner of readjustment of existing rights in accordance therewith,
and declaring an emergency.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the Board of State Land Commissioners be
and is hereby authorized and instructed to correct and revise the
plat of Seattle tide lands as heretofore surveyed and platted by
the board of appraisers of tide and shore lands for King county,
Washington, in the following manner, to-wit: By substituting
for sheets numbered twenty-four (24) and twenty-five (25) of
volume one (1) and sheets numbered twenty-six (26), twenty-
seven (27) and twenty-eight (28) of volume two (2) of said
plat of Seattle tide lands, the supplemental sheets of similar num-
bers submitted by the city council of the city of Seattle, and
presented in duplicate to this Legislature for action thereon; and
the Board of State Land Commissioners is hereby authorized and
instructed to deposit one copy of each of said supplemental
sheets with the county auditor of King county, and one copy
thereof with the Commissioner of Public Lands, for substitution
in the records of said offices in lieu of the original sheets de-
216
LAND LAWS OF WASHINGTON
posited as part of the plat and record of the work of the local
board of tide land appraisers: Provided, That such correction
and revision shall be of no force or effect as against any rights
or titles heretofore lawfully granted by the state in conformity
with the original platting, except in pursuance of mutual agree-
ments or payment of just compensation after due process of law,
as hereinafter set forth and provided.
SEC. 2. That the Board of State Land Commissioners be and
is hereby authorized and instructed, within sixty (60) days after
the going into effect of this act, to make an appraisement of all
the lots, tracts or parcels of tide lands affected by the correction
and revision authorized in section one (1) hereof, using for such
appraisement the same basis of valuation upon which the lots in-
dicated by the original platting were appraised, applying same
as near as may be, with due regard to location and proportionate
arcas; such appraisement to be made and be subject in all other
respects to the law now in force governing the appraisement of
tide lands of the first class, and copies of the record thereof shall
be made in duplicate, and one copy filed with the county auditor
of King county and one copy with the Commissioner of Public
Lands.
SEC. 3. That the Board of State Land Commissioners be and
is hereby authorized and instructed to secure, by mutual agree-
ments, where possible, a rcadjustment of all rights and titles here-
tofore granted in accordance with the original platting, where
the same are in conflict with the plat as by this act corrected and
revised, so that such rights and titles shall conform with the said
plat as so corrected and revised; and in furtherance of such re-
adjustment by mutual agreements, the said board is hereby au-
thorized and instructed to receive, on behalf of the state, any
surrender, release or conveyance of any such existing right or
title, making due compensation therefor, in pursuance of such
mutual agreement, from the fund received from the sale of tide
lands, and to enter into new contracts or deeds, on behalf of the
state, with all persons or corporations so surrendering, releasing
or conveying any existing right for such lots, tracts, or parcels
of the tide lands as, in the judgment of the said board, such per-
LAND LAWS OF WASHINGTON
217
sons or corporations are justly entitled to purchase, in conform-
ity with the revised and corrected platting; all such new con-
tracts or deeds to be issued only upon payments made as pro-
vided by law, in accordance with the appraisement made in pur-
suance of section 2 of this act. And in cases where a mutual
agreement for such readjustment cannot be effected, then the
Board of State Land Commissioners is hereby authorized and in-
structed, on behalf of the State of Washington, to secure a vaca-
tion and surrender of any such existing rights and titles in con-
flict with the revised platting by due process of law, paying
therefor the just value of the same as determined by law, from
the tide lands fund, and making new contracts or deeds as here-
inbefore set forth in cases where readjustment is made by mutual
agreement. The State Auditor is hereby authorized to draw such
warrants upon the tide lands fund as are necessary to carry out
the provisions hereof.
SEC. 4. That the Board of State Land Commissioners be and
is hereby authorized and instructed hereafter to dispose of unsold
tide lands within the limits of the portion of Seattle tide lands
included in the sheets of the plat referred to in section 1 of this
act, only with reference to, and in conformity with, the supple-
mental sheets of said plat by said section ordered to be substituted
for the original platting.
SEC. 5. The powers hereby conferred and duties imposed
upon the Board of State Land Commissioners shall be possessed
and exercised by any other board or officer who may hereafter
succeed to the jurisdiction and powers in respect to tide lands
now possessed by the Board of State Land Commissioners.
SEC. 6. An emergency is hereby declared to exist, and this
act shall take effect and be in force from and after its passage.
Approved by the Governor March 2, 1897.
218
LAND LAWS OF WASHINGTON
30
REAPPRAISEMENT OF NEW WHATCOM AND FAIRHAVEN TIDE
LANDS.
[Laws '99, p. 145; P. C., §§8176-8178.]
AN ACT providing for the reappraisement of the tide lands at and in
front of the cities of New Whatcom and Fairhaven, Whatcom county,
Washington.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the Board of State Land Commissioners
may, at any time on or before January 1, A. D. 1900, make, or
cause to be made, a reappraisement of any or all of the tide lands,
at and in front of the cities of New Whatcom and Fairhaven,
in Whatcom county, in this state, the original appraisement of
which is disproportionate to, and in excess of the value of, such
lands, and such reappraisement when made shall be in lieu of the
original appraisement.
SEC. 2. When such reappraisement shall have been made, a
copy thereof shall be deposited in the office of the county auditor
of Whatcom county.
SEC. 3. When such tide lands shall have been reappraised
hereunder, and it has been found that any part or portion thereof
has been heretofore sold upon an appraisement in excess of the
value thereof as shown by such reappraisement, the purchaser or
purchasers may, and are hereby permitted to complete the pur-
chase so made upon the valuation as reappraised under the pro-
visions of this act, and any partial payments heretofore made on
such sale shall be credited to the purchaser as if made under the
appraisement hereby authorized.
Approved by the Governor March 13, 1899.
Those holding contracts to purchase who are in arreas: 27 Wash. 679.
LAND LAWS OF WASHINGTON.
219
31
REAPPRAISEMENT OF TIDE LANDS AT SOUTH BEND
[Laws '05, p. 237.]
AN ACT providing for the reappraisement of the tide lands in front of
and adjacent to the city of South Bend, in the county of Pacific,
State of Washington.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the Board of State Land Commissioners
shall on or before the first day of September, 1905, make or cause
to be made a reappraisement of all of the tide lands of the first
class, at, in front of, and adjacent to the city of South Bend, in
the County of Pacific in the State of Washington, not hereto-
fore conveyed by deed from the state, the original appraisement
of which is disproportionate to or the value of such tide lands;
and such appraisement, when made, shall be in lieu of the or-
iginal appraisement.
SEC. 2. Report of the appraisement of the tide lands herein
authorized shall be made in duplicate, and one of each shall be
filed with the State Commissioner of Public Lands, and one with
the auditor of Pacific county.
SEC. 3. The owner or owners of land abutting or fronting
upon any of the tide lands herein authorized to be appraised shall
have the preferential right for sixty days following the filing of
the final appraisement with the State Commissioner of Public
Lands and county auditor to apply for the purchase of all or any
portion of the tide lands in front of the lands so owned.
SEC. 4. The general laws of this state in reference to the ap-
praisement and sale of tide lands, when not inconsistent with the
provisions of this act, shall be applicable hereto.
Approved by the Governor March 9, 1905.
220
LAND LAWS OF WASHINGTON
32
PROVIDING FOR REAPPRAISEMENT OF CERTAIN TIDE LANDS
IN FRONT OF LA CONNER.
[Laws '01, p. 9; P. C., §§8165-8167.]
AN ACT providing for the reappraisement of the tide lands at, in front
of and adjacent to the town of La Conner, in the county of Skagit,
State of Washington.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the Board of State Land Commissioners
shall, on or before the first day of August, A. D. 1901, make or
cause to be made a reappraisement of all of the tide lands at, in
front of and adjacent to the town of La Conner, in the county of
Skagit in the State of Washington, the original appraisement of
which is disproportionate to and in excess of the value of such
tide lands; and such reappraisement, when made, shall be in lieu
of the original appraisement.
SEC. 2. That when such reappraisement shall have been
made, a copy thereof shall be deposited in the office of the auditor
of Skagit county.
SEC. 3. That when such tide lands shall have been reap-
praised hereunder, and it has been ascertained that any part or
portion thereof has been heretofore sold on an appraisement in
excess of the value thereof as shown by such reappraisement, the
purchaser, purchasers or their assigns, shall be permitted, and
are hereby permitted, to complete the purchase so made upon the
valuation as reappraised under the provisions of this act, and
any partial payment heretofore made on such sale shall be ced-
ited to such purchasers or their assigns, as if made under the
reappraisement hereby authorized.
Approved by the Governor February 14, 1901.
LAND LAWS OF WASHINGTON
221
33
PROVIDING FOR REAPPRAISEMENT OF CERTAIN TIDE LANDS
IN FRONT OF THE CITY OF BLAINE.
[Laws '01, p. 5; P. C., §§8162-8164.]
AN ACT providing for the reappraisement of the tide lands in front of
the city of Blaine, Whatcom county, State of Washington, and de-
claring an emergency.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the Board of State Land Commissioners,
shall on or before the first day of June, A. D. 1901, make or
cause to be made, a reappraisement of any or all of the tide
lands, at and in front of the city of Blaine, in the county of
Whatcom, in the State of Washington, the original appraisement
of which is disproportionate, and in excess of the value of such
tide lands, and such reappraisement when made shall be in lieu
of the original appraisement.
SEC. 2. When such reappraisement shall have been made, a
copy thereof shall be deposited by the Board of State Land Com-
missioners, in the office of the auditor of Whatcom county.
.-
SEC. 3. When such tide lands shall have been_reappraised
hereunder, and it has been ascertained, that any part or portion
thereof has been heretofore sold on an appraisement in excess of
the value thereof, as shown by such reappraisement, the pur-
chaser, purchasers, or their assigns, shall be permitted, and are
hereby permitted to complete the purchase so made, upon the
valuation as reappraised under the provisions of this act, and
any partial payments heretofore made on such sale shall be
credited to such purchaser or purchasers, or their assigns, as if
made under the appraisement hereby authorized.
SEC. 4. An emergency exists and this act shall take effect
immediately.
Approved by the Governor February 4, 1901.
222
LAND LAWS OF WASHINGTON
34
DONATING CERTAIN SHORE LANDS TO THE CITY OF SEATTLE.
[Laws '05, p. 141.]
AN ACT donating to the city of Seattle all the shore lands and waters
of Green Lake in the city of Seattle, King county, State of Wash-
ington.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That all of the shore lands, beds, and waters of
Green Lake, in the city of Seattle, county of King, State of
Washington, claimed by the State of Washington, be and the
same are hereby donated to the city of Seattle for park, park-
way and boulevard purposes: Provided, That this act shall not
affect the vested rights of upland owners: And provided further,
That exeisting ordinances of said city authorizing the use of
parts of said shore lands, beds, and waters shall continue in full
force in accordance with the terms and conditions thereof.
SEC. 2. The above granted lands shall never be used for any
other than park, parkway or boulevard purposes, including suit-
able street railway facilities. The city of Seattle shall commence
the improvement thereof within one year from the taking effect
of this act, and within five years from that time shall expend at
least $10,000.00 in such improvements. The title to said lands
shall revert to the state in case of the failure of the city to comply
with any of the provisions of this section.
Approved by the Governor March 6, 1905.
LAND LAWS OF WASHINGTON
223
35
GRANTING CERTAIN TIDE LANDS TO THE CITY OF TACOMA
FOR PARK PURPOSES.
[Laws '07, p. 21.]
AN ACT authorizing and directing the Commissioner of Public Lands
to certify certain tide lands to the Governor for deed and authoriz-
ing and directing the Governor to execute and the Secretary of State
to attest a deed conveying to the city of Tacoma certain tide lands
for use as, and in connection with its public park, and for no other
purpose.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the Commissioner of Public Lands of the
State of Washington be and he is hereby authorized and directed
to certify, in manner now provided by law in other cases, to the
Governor, for deed to the city of Tacoma, in the State of Wash-
ington, all of the tide and shore lands abutting upon and con-
tiguous to the following described uplands, to-wit:
Lots one (1), two (2), and three (3), of section ten (10),
and lois one (1), two (2), and three (3), and the south half
(S. 1%) of the southwest quarter (S. W. 14) of section fourteen
(14), and lots one (1), two (2), three (3), four (4), five (5),
and six (6), and the east half (E. %) of the southeast quarter
(S. E. 14) and the northeast quarter (N. E. 14) of the north-
west quarter (N. W. 14) and the southwest quarter (S. W. ¼)
of the northeast quarter (N. E. 14) of section fifteen (15), all
in township twenty-one (21) north, range two (2) east of the
Willamette Meridian, in Pierce county, State of Washington.
And the Governor is hereby authorized and directed to execute
and the Secretary of State to attest, with his signature and seal,
in manner provided by law now governing the execution of
deeds, a deed conveying to the city of Tacoma all of said tide
and shore lands.
SEC. 2. That all of the tide and shore lands described in sec-
tion one of this act be and the same are hereby granted to the
city of Tacoma, in the county of Pierce, and State of Washing-
ton, to be used by said city as a part of and in connection with
its public park and for no other purpose. In case the city of
224
LAND LAWS OF WASHINGTON
Tacoma should attempt to use, use or permit the use of said
lands, or any portion thereof, for any other purpose, the same
shall forthwith revert to the State of Washington, without suit,
action or any proceeding whatsoever, or the judgment of any
court forfeiting the same.
Approved by the Governor February 15, 1907.
36
DEDICATION TO THE CITY OF TACOMA CERTAIN STATE LANDS
FOR STREET, PARK AND BOULEVARD PURPOSES.
[Laws '07, p. 226.]
AN ACT dedicating to the city of Tacoma all the right, title and interest
of the State of Washington in and to certain lands in the city of
Tacoma, lying within section 36, township 21 north, range 2 east,
鹗
​W. M., for street, park and boulevard purposes.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the following described lands, as shown
in the amended map of second school land addition to the city
of Tacoma, to-wit: Blocks 15, 30, 45, 60, 75, 90, 105, 120,
135, 150, 165, 180, 195, 210, 225, 240, 255, 254, 253, 252,
251, 250, 249, 248, 247, 246, 245, 244, 243, 242, 241, 272,
271, 270, 269, 268, 267, 266, 265, 264, 263, 262, 261, 260, 259,
258, 257 and 256, being a part of school section 36, township
21 north, range 2 east, W. M., Pierce county, Washington, be
and the same are hereby dedicated to the city of Tacoma, a
municipal corporation of the State of Washington, to be used
for street, park and boulevard purposes: Provided, however,
That if the said city of Tacoma shall ever use or permit the
use of said lands for any purpose other than in this act provided,
the same shall at once revert to the State of Washington without
any suit or action in any court and without any action on the
part of the state whatsoever.
SEC. 2. That the following described lands, as shown in the
amended map of second school land addition to the city of Ta-
coma, to-wit: Blocks 280, 279, 278, 277, 276, 275, 274 and 273,
being a part of school section 36, township 21 north, range 2
LAND LAWS OF WASHINGTON
225
cast, W. M., Pierce county, Washington, be and the same are
hereby dedicated to the city of Tacoma, a municipal corpora-
tion of the State of Washington, to be used for street, park and
boulevard purposes: Provided, however, That if the said city of
Tacoma shall ever use or permit the use of said lands for any
purpose other than in this act provided, the same shall at once
revert to the State of Washington without any suit or action in
any court and without any action on the part of the State what-
soever: Provided further, That as one of the conditions of this
grant, it is expressly provided, that if the streets, or any portion
of the streets, bordering on said blocks described in this section
be vacated by said city, said blocks in this section dedicated
shall at once revert to the State of Washington without the act
of any court or courts whatsoever and without any act on the
part of the State of Washington.
SEC. 3. Nothing in this act contained shall be deemed to in
any wise interfere with any existing rights of individuals in and
to said lands by reason of lease, contract or other lawfully
acquired rights, and the said city of Tacoma shall in no wise
interfere with the rights of any parties entitled to the possession
of any of said tracts of land: Provided, however, That the
said city of Tacoma may at any time by purchase, or condemna-
tion under the eminent domain acts of the State of Washington,
acquire all the rights of any individuals in and to any of said
lands upon the payment of just compensation.
SEC. 4. It is the purpose of this act to effect a replat of cer-
tain streets and lands in said school land addition to Tacoma
and to make the streets within and bordering said school section
conform to the established streets of said city of Tacoma outside
of said school section.
Approved by the Governor March 11, 1907.
-15
226
LAND LAWS OF WASHINGTON
37
GRANTING CERTAIN TIDE LANDS TO THE CITY OF OLYMPIA
FOR PARK PURPOSES.
[Laws '07, p. 22.]
AN ACT authorizing and directing the Commissioner of Public Lands to
certify certain tide lands to the Governor for deed and authorizing
and directing the Governor to execute and the Secretary of State to
attest a deed conveying to the city of Olympia certain tide lands for
use as, and in connection with its public park, and for no other
purpose.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the Commissioner of Public Lands of the
State of Washington be and he is hereby authorized and directed
to certify in the manner now provided by law in other cases, to
the Governor, for deed to the city of Olympia, in the State of
Washington, all of the tide and shore lands lying in front of
and abutting upon and contiguous to the following described
uplands, to-wit: Pascal Ricard Donation Land Claim No. 53,
being part of sections two (2) and eleven (11), township No. 18,
N. R. 2 W., W. M., except such tide or shore lands as may have
heretofore been sold, and subject to any lease of such tide or
shore lands heretofore made. And the Governor is hereby au-
thorized and directed to execute and the Secretary of State to
attest, with his signature and seal, in the manner provided by the
law now governing the execution of deeds, a deed conveying to
the city of Olympia, all of said tide and shore lands.
SEC. 2. That all of the tide and shore lands described in
setcion 1 of this act be and the same are hereby granted to the
city of Olympia, in the county of Thurston and State of Wash-
ington, to be used by said city as a part of and in connection
with its public park and for no other purpose. In case the city
of Olympia should attempt to use, use or permit the use of said
lands or any portion thereof, for any other purpose, the same
shall forthwith revert to the State of Washington, without suit,
action or any proceeding whatsoever, or the judgment of any
court forfeiting the same.
Approved by the Governor February 15, 1907.
LAND LAWS OF WASHINGTON
227
38
GRANTING CERTAIN TIDE LANDS TO THE CITY OF PORT
TOWNSEND FOR PARK PURPOSES.
[Laws '07, p. 214.]
AN ACT authorizing and directing the Commissioner of Public Lands to
certify certain tide lands to the Governor for deed and authorizing
and directing the Governor to execute and the Secretary of State to
attest a deed conveying to the city of Port Townsend certain tide
lands for use as, and in connection with its public park, and for no
other purposes.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the Commissioner of Public Lands of the
State of Washington be and he is hereby authorized and di-
rected to certify in manner now provided by law in other cases,
to the Governor for deed to the city of Port Townsend in the
State of Washington, all of the tide and shore lands lying in
front of, and abutting upon a part of lot one (1) of section
one (1), township thirty (30) north, range one (1) west of the
Willamette Meridian, in Jefferson county, State of Washington,
and particularly described as follows, to-wit:
Commencing at the meander corner between sections one (1)
and two (2) of said township and range, running thence south
thirty-seven degree (37°) east along the meander line two hun-
dred and sixty-two and five-tenths (262.5) feet to a point which
is the initial point for this description; running thence north
fifty-five degrees (55°) east two hundred and sixty-nine (269)
feet to the westerly side of East Front street; thence southeast-
erly along the west side of East Front street seven hundred
thirty (730) feet to a point; thence south fifty-seven degrees
fifty-eight minutes (57° 58') west two hundred and five (205)
feet to meander line; thence north thirty-seven degrees (37°)
west along said west line seven hundred twenty-one and five-
tenths (721.5) feet to the place of beginning, containing three
and ninety-seven hundredths (3.97) acres. Also commencing at
the meander corner between sections one (1) and two (2), town-
ship thirty (30) north, range one (1) west, running thence south
thirty-seven degrees (37°) east two hundred sixty-two and five-
228
LAND LAWS OF WASHINGTON
tenths (262.5) feet; thence north fifty-five degrees (55°) east
three hundred and ninety (390) feet to the intersection with the
easterly side of East Front street which is the initial point for
this description, running thence north fifty-five degrees (55°)
east two hundred and sixty-five (265) feet to the Inner Harbor
line;
thence south fifty degrees and thirty-six minutes (50° 36′)
east two hundred and eighty (280) feet; thence south thirty-
three degrees five minutes (33° 5′) east four hundred seventy-
eight (478) feet; thence south fifty-seven degrees fifty-eight
minutes (57° 58′) west three hundred and sixty-five (365) feet
to the easterly side of East Front street; thence northwesterly
along the east side of East Front street seven hundred thirty-five
and five-tenths (735.5) feet to the place of beginning, contain-
ing five and seventy-nine hundredths (5.79) acres. And the
Governor is hereby authorized and directed to execute and the
Secretary of State to attest, with his signature and seal in man-
ner provided by law now governing the execution of deeds, a
deed conveying to the city of Port Townsend all of said tide
and shore lands.
SEC. 2. That all of the tide and shore lands described in sec-
tion 1 of this act be and the same are hereby granted to the city
of Port Townsend in the county of Jefferson, and State of Wash-
ington, to be used by said city as a part of and in connection
with its public park and for no other purpose. In case the city
of Port Townsend should attempt to use, or permit the use of
said land or any portion thereof, for any other purpose, the
same shall forthwith revert to the State of Washington, with-
out suit, action or any proceeding whatsoever, or the judgment
of any court forfeiting the same.
Approved by the Governor March 11, 1907.
APPENDIX.
FEDERAL PROVISIONS.
1. FEDERAL GRANTS.
2. NATIONAL FORESTS.
[NOTE.
Annotated.
1.
FEDERAL GRANTS.
a. TO TERRITORY.
b. ENABLING ACT.
c. GENERAL PROVISION TO TERRITORY AND STATE.
Considerable portion of annotations taken from Federal Statutes
q. v.]
ORIGIN OF LAND GRANT FUND.
"Our permanent school fund, as is well known, is derived in its greater part
from lands granted the state by the general government. The practice of reserv-
ing and setting apart for the use of the public schools certain portions of the
public domain had its origin in the earliest times. By the ordinance of May 20,
1785, which was the first enactment that authorized the disposal by sale of the
public lands in the Northwest Territory, 'Lot No. 16' in each township was re-
served for the use of schools.
"Article 3 of the ordinance of July 13, 1787, declared that 'religion, morality
and knowledge being necessary to good government and the happiness of man-
kind, schools and the means of education shall forever be encouraged'; and by
the ordinance of July 23d of the same year 'Lot No. 16' in every township was
granted for school purposes. This policy became the fixed and settled policy of
the government immediately after the adoption and ratification of the federal
Constitution; its earliest development in practical legislation being found, per-
haps, in the act of April 30, 1802, the enabling act under which Ohio was ad-
mitted as a state into the union. In that act certain propositions were offered by
the United States to the people of the incipient state 'for free acceptance or re-
jection'; the first of which was 'that the section, number sixteen, in every town-
ship, and where such section has been sold, granted or disposed of, other lands
equivalent thereto, and most contiguous to the same, shall be granted to the in-
habitants of such township, for the use of schools.' In all laws passed subse-
quent to this act, relating to the primary disposition of the soil, section No. 16
in every township has been reserved from sale for the use of schools, and in the
acts authorizing the admission of new states into the Union these sections have
been granted to the state for that purpose. The act creating the Territory of
Washington made a like reservation, the reservation, however, including section
36 as well as section 16; and, when the territory was admitted as a state, these
sections were granted it for use of the common schools. But so solicitous was
Congrèss for their preservation and maintenance that it annexed a condition to
1
230
APPENDIX
the grant, to the effect that the land so granted should not be sold for less than
10 per acre, and that the proceeds thereof, when sold, shoulu constitute a per-
manent school fund, the interest only of which should be used in support of such
schools." State ex rel. Pt. Townsend v. Causen, 40, Wash. 95.
TERRITORIAL GRANTS.
THE ORGANIC ACT OF THE TERRITORY.
And be it further enacted, That when the lands in said territory shall
be surveyed under the direction of the government of the United States,
preparatory to bringing the same into market or otherwise disposing
thereof, sections numbered sixteen and thirty-six in each township in
said territory shall be, and the same are hereby, reserved for the pur-
pose of being applied to common schools in said territory. And in all
cases where said sections sixteen and thirty-six, or either of them, shall
be occupied by actual settlers prior to survey thereof, the county com-
missioners of the counties in which said sections so occupied as afore-
said are situated be and they are hereby, authorized to locate other
lands to an equal amount in sections, or fractional sections, as the case
may be, within their respective counties, in lieu of said sections so
occupied as aforesaid. (10 Stat. L., Ch. 90, § 20; Sec. 1947 Rev. St.;
6 Fed. St. Ann. 461.)
See $10 of enabling act, infra.
It was the intention of Congress that the state should have the full amount
of land contained in the grant of section 16, and 36, and the selection of lands in
lieu of those sections is a power conferred upon the territory. Johanson v. State,
26 wash 668. Affirmed 190 U. S. 179.
Selection made under this section and the enabling act subsequent to survey
and the approval of the enabling act is void. Wheeler v. Smith, 5 Wash. 704.
SCHOOL RESERVATIONS AS PUBLIC LANDS.-"Because of the mere reservation
or appropriation by the United States of these sections for the purpose of being
applied to the common schools of the future, do they lose their character of pub-
lic lands? It is true that they are not 'public lands' in that they are open to
entry, etc., but that fact alone does not prevent them being in a certain sense
public lands. The government has, for a wise purpose, set apart and reserved
these lands from the general domain, and announced the purpose to which they
will be devoted. It retains control and dominion over these until the happening
of a certain event. It is somewhat of a trustee of an expressed trust. It also
retains the right, up to a certain time, to annul the act by which such sections
were severed, and might, within that limit, annul the former act, and throw
these lands open, as 'public lands.' This reserved right in the government must
give it control over these lands as absolute as that of any owner could be. As is
well said, ever since the organization of the territory these school sections have
been recognized as 'public lands,' and the courts have sustained all the rights of
the government, whenever their aid has been invoked, in preventing trespass upon
them. Any other doctrine would lead to a practical annulment of the act of
Congress, and render nugatory the effort to provide for and establish a common
school system." Barkley v. U. S. (1888), 3 Wash. Ter. 522.
PRIOR TO STATEHOOD.--Where a suit, brought to enjoin a person from main-
taining an incolsure upon land reserved to the territory of Utah for the purpose
of being applied to schools when Utah should become a state, was resisted on the
ground that the lands occupied were not "public lands" within the meaning of
APPENDIX
231
the statute authorizing suits to prevent unlawful occupancy of "public lands,” it
was held that the words "public lands" as used in the statute in question, in-
cluded lands which, although reserved for the purpose of being applied to schools,
had not yet been so applied. U. S. v. Elliot (1895), 12 Utah 119.
STATEHOOD CONFERRED PENDING PROCEEDINGS.-Where, however, after the
above decision had been made and the cause remanded for further proceedings,
the territory became a state by the act granting the land in controversy to the
state for school purposes, it was held that the lands were no longer public lands
within the act under which the suit was brought and that the bill must accord-
ingly be dismissed. U. S. v. Elliot (1896), 74 Fed. Rep. 92.
AUTHORITY OF TERRITORIAL LEGISLATURE TO MAKE LEASES.-The reservation
provided for in this section is not equivalent to a grant to the territory, and the
territorial legislature has no right to pass a law giving authority to the county
court to lease section 16 and 36, reserved by the United States for common school
purposes. Burrows v. Kimball (1894), 11 Utah 149; see also, Vincennes Univer-
sity v. Indiana (1852), 14 How. (U. S.) 274.
MERE SETTLEMENT UPON AND CULTIVATION of a portion of sections 16 and 36
before the same is surveyed does not exclude such portion from the school grant
in the absence of an express provision in the statute to that effect. Whatever
may be the possessory rights of a person who so occupies and cultivates such
lands as against other claimants, such rights could not avail against the power of
Congress to make other disposition of the lands. Gonzales v. French (1896), 164
U. S. 338; Hartman v. Warren (C. C. A. 1896), 76 Fed. Rep. 157.
TITLE IN UNITED STATES UNTIL SURVEY.-The legal rigat and title to sections
16 and 36 remain in the United States until they are surveyed; for until sur-
veyed the sections and townships have no existence as such. Ferry v. Street
(1896), 4 Utah 521, dismissed (1886) 119 U. S. 385. To the same effect are:
UNITED STATES.-Gaines v. Nicholson (1850), 9 How. (U. S.) 364; Campbell
v. Doe (1851), 13 How. (U. S.) 244; Kissell v. St. Louis Public Schools (1855),
18 How. (U. S.) 19, affirming (1852) 16 Mo. 553; Cooper v. Roberts (1855), 18
How. (U. S.) 173, reversing (1854) 6 McLean (U. S.) 93; Beecher v. Wetherby
(1877), 95 U. S. 517; Fraser v. O'Connor (1885), 115 U. S. 102; McCreery v.
Haskell (1886), 119 U. S. 327; Williams v. U. S. (1891), 138 U. S. 516; McNeẹ v.
Donahue (1892), 142 U. S. 587, affirming (1888) 76 Cal. 499; Hibberd v. Slack
(1897), 84 Fed. Rep. 571. See also, Heydenfelt v. Daney Gold etc. Min. Co.
(1876), 93 U. S. 634, affirming (1875) 10 Nev. 290.
ALABAMA.-Sprayberry
-Sprayberry v. State (1878), 62 Ala. 461. See also, Knabe v. Bur-
den (1889), 88 Ala. 436.
CALIFORNIA.—Terry v. Megerle (1864), 24 Cal. 609, 85 Am. Dec. 84; Higgins
r. Houghton (1864), 25 Cal. 252; Grogan v. Knight (1865), 27 Cal. 516; Middle-
ton v. Low (1866), 30 Cal. 596; Hastings v. Devlin (1870), 40 Cal. 358; Collins
v. Bartlett (1872), 44. Cal. 371; Buhne v. Chism (1874), 48 Cal. 467; Rooker v.
Johnston (1874), 49 Cal. 3; Finney v. Berger (1875), 50 Cal. 248; Medley v.
Robertson (1880), 55 Cal. 396; Wedekind v. Craig (1880), 56 Cal. 645; Bullock
v. Rouse (1889), 81 Cal. 590; Gilson v. Robinson (1885), 7 Pac. Rep. 428.
KANSAS.-State v. Stringfellow (1864), 2 Kan. 263.
LOUISIANA.—McCastle' v. Chaney (1876), 28 La. Ann. 720.
MISSOURI.-Kissell v. St. Louis Public Schools (1852), 16 Mo. 553, affirmed
(1855) 18 How. (U. S.) 19; State v. Ham (1854), 19 Mo. 592, affirmed (1855)
18 How. (U. S.) 126; Papin v. Ryan (1862), 32 Mo. 21; Patterson v. Fagan
(1866), 38 Mo. 70. Compare Bowlin v. Furman (1859), 28 Mo. 427; Cummings
v. Powell (1888), 97 Mo. 524.
NEVADA.—State v. Blasdel (1868), 4 Nev. 241; Layton v. Farrell (1876),
Nev. 451.
11
232
APPENDIX
UNIVERSITY GRANT.
Two TOWNSHIPS TO UNIVERSITY.
And be it further enacted, That, in lieu of the two townships of land
granted to the Territory of Oregon by the tenth section of the act of
eighteen hundred and fifty, for universities, there shall be reserved to
each of the Territories of Washington and Oregon two townships of
land of thirty-six sections each, to be selected in legal sub-divisions, for
university purposes, under the direction of the Legislatures of said
territories, respectively. (10 Stat. L., p. 305, §4.)
•
(See Sec. 14 of Enabling Act, infra.)
ENABLING ACT.
[25 Stat. L., Ch. 180.]
*
SEC. 4. That the delegates to the conventions elected as provided for
in this act shall meet at the seat of government of each of said terri-
tories
on the fourth day of July, eighteen hundred and
eighty-nine, and, after organization, shall declare,
And said
convention shall provide, by ordinance irrevocable without the consent
of the United States and people of said states:
Second: That
the people inhabiting said proposed states do agree and declare that
they forever disclaim all right and title to the unappropriated public
lands lying within the boundaries thereof, and to all lands lying within
said limits owned or held by any Indian or Indian tribes; and that until
the title thereto shall have been extinguished by the United States, the
same shall be and remain subject to the disposition of the United States,
and said Indian lands shall remain under the absolute jurisdiction and
control of the Congress of the United States; that the lands belonging
to the citizens of the United States residing without the said state shall
never be taxed at a higher rate than the lands belonging to residents
thereof; that no taxes shall be imposed by the states on lands or prop-
erty therein belonging to or which may hereafter be purchased by the
United States or reserved for its use. But nothing herein, or in the
ordinances herein provided for, shall preclude the said states from tax-
ing, as other lands are taxed, any lands owned or held by any Indian
who has severed his tribal relations, and has obtained from the United
States or any person a title thereto, by patent or other grant, save and
except such lands as have been or may be granted to any Indian or
Indians under any act of Congress containing a provision exempting
the lands thus granted from taxation; but said ordinances shall provide
that all such lands shall be exempt from taxation by said states so long
and to such extent as such act of Congress may prescribe.
* *
Fourth. That provision shall be made for the establishment and
maintenance of systems of public schools, which shall be open to all the
children of said states and free from sectarian control.
Cited: 1 Wash. 386; 26 Wash. 272.
The disclaimer to tide lands includes lands within a reservation patented to
an Indian before statehood. Jones v. Callvert, 32 Wash. 610.
J
APPENDIX
233
SEC. 10. That upon the admission of each of said states into the
Union, sections numbered sixteen and thirty-six in every township of
said proposed states, and where such section, or any part thereof, have
been sold or otherwise disposed of by or under the authority of an act
of Congress, other lands equivalent thereto, in legal subdivisions of not
less than one-quater section, and as contiguous as may be to the section
in lieu of which the same is taken, are hereby granted to said states for
the support of common schools, such indemnity lands to be selected
within said states in such manner as the Legislature may provide, with
the approval of the Secretary of the Interior: Provided, That the six-
teenth and thirty-sixth sections embraced in permanent reservations for
national purposes shall not, at any time, be subject to me grants nor to
the indemnity provisions of this act, nor shall any lands embraced in
Indian, military, or other reservations of any caracter, be subject to
the grants or to the indemnity provisions of this act until the reserva-
tion shall have been extinguished and such lands be restored to, and be-
come a part of, the public domain.
Cited: 26 Wash. 671; 31 Wash. 135.
See Fed. St. Ann., n. 173.
This section confirms licu selections made under acts prior to the Enabling
Act. Johanson v. State, 26 Wash. 671. Affirmed 190 U. S. 183.
The word "embraced" refers to lands forming a part of a reservation. Ilib-
berd v. Slack, 84 Fed. 571.
Under the act of Congress reserving sections 16 and 36 of each township to
Washington territory, and the Enabling Act making a present grant of such sec-
tions to the state, to take effect as soon as the state should be organized, an
entry made upon such sections subsequent to the survey and approval of the
Enabling Act is void, whether made under the Federal timber and stone act or
under the mining laws. Wheeler v. Smith, 5 Wash. 704.
The grant of sections 16 and 36 also included lands in lieu of these sections
prior to the Enabling Act. State v. Johanson, 26 Wash. 668. Affirmed 190
U. S. 179.
Land granted must be for support of schools. State ex rel. Heuston v. Mayn-
ard, 31 Wash. 132.
Unsurveyed sections 16 and 36, embraced in land withdrawn for a forest re-
serve by proclamation dated September 28, 1893, plat of survey of which was
approved January 13, 1894, and filed in local land office October, 1894, do not be-
come property of state upon survey, but are a part of the forest reserve, and
should be administered free from the claim of transferees of the State of Oregon.
Curtis Lumber Co., ex parte. (Decision "R" of commissioners of the General
Land office, unpublished, dated February 28, 1906.)
Section 11 of the act of February 22, 1889 (25 Stat. 676-680, affecting North
Dakota, South Dakota, Montana and Washington only), withheld section 16 and
36 from entry under the land laws, whether surveyed or unsurveyed, in conse-
quence of which provision they ceased to be "public lands" in the sense used in
section 24 of the act of March 3, 1891 (26 Stat. 1095), authorizing the estab-
lishment of forest reserves. South Dakota v. Hiram H. Ruby. (Unpublished de-
cision of Secretary of the Interior, dated May 21, 1904.)
Where a forest reservation includes within its limits a school section sur-
veyed prior to the establishment of the reservation, the state, under the authority
of the first proviso to section 2275, Revised Statutes, as amended by the act of
February 28, 1891, may be allowed to waive its right to such section and select
other land in lieu thereof.
234
APPENDIX
The decision herein of December 27, 1894, 19 L. D. 585, recalled and vacated.
Instructions of December 19, 1893, 17 L. D. 576, modified. State of Cali-
fornia, 28 L. D. 57.
By the act of June 21, 1898, a grant, in praesenti, of school lands is made to
the Territory of New Mexico; and under the provisions of section 2275, Revised
Statutes, as amended by the act of February 28, 1891, said territory may relin-
quish its claim to such school sections as it may be entitled that are included
within the limits of a forest reserve, and select other lands in lieu thereof. Terri-
tory of New Mexico, 29 L. D. 365.
SEC. 11. That all lands herein granted for educational purpose shall
be disposed of only at public sale, and at a price not less than ten dol-
lars per acre, the proceeds to constitute a permanent school fund, the
interest of which only shall be expended, in the support of said schools.
But said lands may, under such regulation as the Legislatures shall pre-
scribe, be leased for periods of not more than five years, in quantities
not exceeding one section to any one person or company; and such land
shall not be subject to pre-emption, homestead entry, or any other entry
under the land laws of the United States, whether surveyed or unsur-
veyed, but shall be reserved for school purposes only.
Cited: 31 Wash. 135.
This section is a limitation on all grants in the Enabling Act for educational
purposes whatsoever. State v. Maynard, 31 Wash. 132.
This does not apply to lands sold prior to the admission of the state. Romaine
v. State, 7 Wash. 215.
The Legislature may confirm sales of lands made under territorial statutes.
Romaine v. State, 7 Wash. 215.
SEC. 12. That upon the admission of each of said states into the
Union, in accordance with the provisions of this act, fifty sections of the
unappropriated public lands within said states, to be selected and lo-
cated in legal subdivisions, as provided in section ten of this act, shall
be, and are hereby, granted to the states for the purpose of erecting
public buildings at the capital of said states for legislative, executive
and judicial purposes.
Cited: 13 Wash. 314; 31 Wash. 136.
SEC. 13. That five per centum of the proceeds of the sales of public
lands lying within said states which shall be sold by the United States
subsequent to the admission of said states into the Union, after deduct-
ing all the expenses incident to the same, shall be paid to the said
states, to be used as a permanent fund, the interest of which only shall
be expended for the support of common schools within said states, re-
spectively.
Cited: 31 Wash. 136.
The act (I.aws '95, p. 55) creating a state normal school fund into which the
proceeds of lands for educational purposes were paid and used for building is in
contravention of this section, as only the interest on such fund shall be used.
State v. Maynard, 31 Wash. 132.
APPENDIX
235
}
SEC. 14. That the lands granted to the Territories of Dakota and
Montana by the act of February eighteenth, eighteen hundred and
eighty-one, entitled "An act to grant lands to Dakota, Montana, Arizona,
Idaho and Wyoming for university purposes," are hereby vested in the
states of South Dakota, North Dakota and Montana, respectively, if such
states are admitted into the Union, as provided in this act, to the extent
of full quantity of seventy-two sections to each of said states, and any
portion of said land that may have been selected by either of said terri-
tories of Dakota or Montana may be selected by the respective states
aforesaid; but said act of February eighteenth, eighteen hundred and
eighty-one, shall be so amended as to provide that none of said lands
shall be sold for less than ten dollars per acre, and the proceeds shall
constitute a permanent fund to be safely invested and held by said
states severally, and the income thereof be used exclusively for uni-
versity purposes. And such quantity of the lands authorized by the
fourth section of this act of July seventeenth, eighteen hundred and
fifty-four, to be reserved for university purposes in the Trritory of Wash-
ington, as, together with the lands confirmed to the vendees of the terri-
ritory by the act of March fourteenth, eighteen hundred and sixty-four,
will make the full quantity of seventy-two entire sections, are hereby
granted in like manner to the State of Washington for the purpose of
a university in said state. None of the lands granted in this section
shall be sold at less than ten dollars per acre; but said lands may be
leased in the same manner as provided for in section eleven of this
act. The schools, colleges and universities provided for in this act shall
forever remain under the exclusive control of said states, respectively,
and no part of the proceeds arising from the sale or disposal of any
lands herein granted for educational purposes shall be for the support
of any sectarian or denominational school, college or university. The
section of land granted by the act of June sixteenth, eighteen hundred
and eighty, to the Territory of Dakota for an asylum for the insane
shall, upon the admission of said State of South Dakota into the Union,
become the property of said state.
Cited: 26 Wash. 376.
The adoption of the Constitution and the acceptance thereof by the Federal
government modified that section to the extent of confirming sales made prior
thereto for less than price named. Romaine v. State, 7 Wash. 215.
University lands sold prior to the admission of the state into the Union, under
grant of act of 1854, for less than ten dollars per acre were valid sales. State
v. Maynard, 31 Wash. 132.
The grant herein provided for university purposes does not preclude a portion
of the grant named in section 17 from being set aside for the university. . State
v. Callvert, 34 Wash. 58.
An act providing for the use of the proceeds of the sale of lands is void; only
the interest can be used. State v. Maynard, 31 Wash. 132.
Regulating sales, see Art. XVI, Const., and §30 of Laws, ante.
233
APPENDIX
SEC. 15. That so much of the lands belonging to the United States
as have been acquired and set apart for the purpose mentioned in “An
act appropriating money for the erection of a penitentiary in the Terri-
tory of Dakota," approved March second, eighteen hundred and eighty-
one, together with the buildings thereon, be and the same is hereby
granted, together with any unexpended balances of money appropriated
therefor, by said act, to the said State of South Dakota, for the pur-
poses therein designated; and the States of North Dakota and Wash-
ington shall, respectively, have like grants for the same purpose, and
subject to like terms and conditions as provided in said act of March
second, eighteen hundred and eighty-one, for the Territory of Dakota.
The penitentiary at Deer Lodge City, Montana, and all lands connected
therewith and set apart and reserved therefor, are hereby granted to
the State of Montana.
SEC. 16. That nienty thousand acres of land, to be selected and lo-
cated as provided in section ten of this act, are hereby granted to each
of said states, except to the State of South Dakota, to which one hundred
and twenty thousand acres are granted, for the use and support of agri-
cultural colleges, in said states, as provided in the act of Congress mak-
ing donations of lands for such purposes.
See infra general provisions to all states.
At time state was organized its representatives in Congress consisted of two
Senators and one Representative; hence under the general provisions to all
states-Act of July 2, 1862, 12 Stat. L. 503, the grant would be equivalent to
the grant in this section. This section is in lieu of the grant allowed by the
general act.
SEC. 17. That in lieu of the grant of land for purposes of internal
improvements made to new states by the eighth section of the act of
September fourth, eighteen hundred and forty-one, which act is hereby
repealed as to the states provided for by this act, and in lieu of any
claim or demand by the said states, or either of them, under the act of
September twenty-eight, eighteen hundred and fifty, and section twenty-
four hundred and seventy-nine of the revised statutes, making a grant
of swamp and overflowed lands to certain states, which grant it is
hereby declared is not extended to the states provided for in this act,
and in lieu of any grant of saline lands to said states, the following
grants of lands are hereby made, to-wit:
To the State of
Washington: For the establishment and maintenance of a scientific
school, one hundred thousand acres; for state normal schools, one hun-
dred thousand acres; for public buildings at the state capital, in addi-
tion to the grant herein before made for that purpose, one hundred thou-
sand acres; for state charitable, educational, penal and reformatory
institutions, two hundred thousand acres. That the states provided for
in this act shall not be entitled to any further or other grants of land
for any purpose than as expressly provided in this act. And the lands
granted by this section shall be held, appropriated and disposed of ex-
* * *
APPENDIX
237
clusively for the purposes herein mentioned, in such manner as the
Legislatures of the respective states may severally provide.
The ownership of swamp and overflowed lands disclaimed where patented
though not granted. Art. 17, Sec. 2, Const., infra; and see Baer v. Moran Bros.
2 Wash. 608.
The grant by this section is for all the institutions of the character named
and the Legislature may apportion any part thereof to the university, though
that institution was provided for in Sec. 14 of this act. State v. Callvert, 34
Wash. 58.
Land covered and uncovered by the flow and ebb of the tide is not "public
land" subject to entry. Baer v. Moran Bros., 2 Wash. 608. Affirmed 153 U. S.
287.
Lands in this grant must be disposed of subject to the limitations contained in
section 11 of the Enabling Act. State v. Maynard, 31 Wash. 132.
Under the grant of two hundred thousand acres "for state charitable, educa-
tional, penal and reformatory institutions" the state may set aside one hundred
thousand acres for the State University. State v. Callvert, 34 Wash. 58.
This grant for capitol purposes is in the nature of a trust imposed upon the
state to select the land and apply the proceeds to the payment of claims for the
construction of capitol buildings, and a "State Capitol Building Fund" may be
created and warrants drawn against such fund though no money is in such fund.
Allen v. Grimes, 9 Wash. 424.
Proceeds of sales of land cannot be used, only interest thereon. State v.
Maynard, 31 Wash. 132.
SEC. 18. That all mineral lands shall be exempted from the grants
made by this act. But if sections sixteen and thirty-six or any sub-
divisions or portion of any smallet subdivision thereof in any township
shall be found by the department of the interior to be mineral lands,
said states are hereby authorized and empowered to select, in legal sub-
divisions, an equal quantity of other unappropriated lands in said
states, in lieu thereof, for the use and benefit of the common 'schools
of said states.
Lands reserved for public schools cannot be taken under the mineral laws of
the United States. Wheeler v. Smith, 5 Wash. 704.
SEC. 19. That all lands granted in quantity or as indemnity by this
act shall be selected, under the direction of the Secretary of the In-
terior, for the surveyed, unreserved and unappropriated public lands of
the United States within the limits of the respective states entitled
thereto. And there shall be deducted from the numoer of acres of land
donated by this act for specific objects to said states the number of
acres in each heretofore donated by Congress to said territories for
similar objects.
238
APPENDIX
GENERAL PROVISIONS RELATIVE TO TERRITORIAL AND STATE
GRANTS.
I.
LIEU LANDS.
SEC. 2275. R. S. Where settlements with a view to pre-emption or
homestead have been, or shall hereafter be made, before the survey of
the lands in the field, which are found to have been made on sections
sixteen or thirty-six, those sections shall be subject to the claims of
such settlers; and if such sections, or either of them, have been or shall
be granted, reserved or pledged for the use of schools or colleges in the
state or territory in which they lie, other lands of equal acreage are
hereby appropriated and granted, and may be selected by said state or
territory, in lieu of such as may be thus taken by pre-emption or home-
stead settlers. And other lands of equal acreage are also hereby appro-
priated and granted, and may be selected by said state or territory
where sections sixteen or thirty-six are mineral land, or are included
within any Indian, military or other reservation, or are otherwise dis-
posed of by the United States: Provided, Where any state is entitled
to said sections sixteen and thirty-six, or where said sections are re-
served to any territory, notwithstanding the same may be mineral land
or embraced within a military, Indian or other reservation, the selec-
tion of such lands in lieu thereof by said state or territory shall be a
waiver of its right to said sections. And other lands of equal acreage
are also hereby appropriated and granted, and may be selected by said
state or territory to compensate deficiencies for school purposes, where
sections sixteen or thirty-six are fractional in quantity, or where one
or both are wanting by reason of the township being fractional, or from
any natural cause whatever. And it shall be the duty of the Secretary
of the Interior, without awaiting the extension of the public surveys, to
ascertain and determine, by protraction or otherwise, the number of
townships that will be included within such Indian, military, or other
reservations, and thereupon the state or territory shall be entitled to
select indemnity lands to the extent of two sections for each of said
townships in lieu of sections sixteen and thirty-six; but such selections
may not be made within the boundaries of said reservations: Provided,
however, That nothing herein contained shall prevent any state or terri-
tory from awaiting the extinguishment of any such military, Indian,
or other reservation and the restoration of the lands therein embraced
to the public domain and then taking the sections sixteen and thirty-six
in place therein; but nothing in this provisio shall be construed as con-
ferring any right not now existing. (56 Stat. L. 796; 6 Fed. St. Ann.
462.)
This section was amended to read as above by act of February 28, 1891,
chapter 384, 26 Stat. L. 796.
APPENDIX
239
The section originally read as follows:
"SEC. 2275. Where settlements, with a view to pre-emption, have been made
before the survey of the lands in the field, which are found to have been made on
sections sixteen or thirty-six, those sections shall be subject to the pre-emption
claim of such settler; and if they or either of them, have been or shall be re-
served or pledged for the use of schools or colleges in the state or territory in
which the lands lie, other lands of like quantity are appropriated in lieu of such
as may be patented by pre-emptors; and other lands are also appropriated to
compensate deficiencies for school purposes, where sections sixteen or thirty-six
are fractional in quantity, or where one or both are wanting by reason of the
township being fractional, or from any natural cause whatever." Act of Febru-
ary 26, 1859, chapter 58, 11 Stat. L. 385.
See 6 Fed. St. Ann. 462.
This act is based upon the idea that as soon as a valid legal survey has been
made in the field of lands of the United States, they are to all intents and pur-
poses surveyed lands and are to be treated as such. Oakley v. Stuart (1878), 52
Cal. 521.
This statute is general in its terms and was intended to be applicable alike to
all states and territories receiving grants of school lands. Consequently it fol-
lows that the State of California is entitled to make a selection for land lost to
the state, provided it is sufficiently established that the land lost is of a mineral
character. Johnston v. Morris (C. C. A. 1896), 72 Fed. Rep. 890.
This section clearly shows that it was the intention of Congress that title
should not vest in the territory or state before the survey. "When a person set-
tles on the public lands with a view to pre-emption, this section gives him a
right to the patent, notwithstanding the land turns out, when surveyed, to be
section 16 or 36, or a part thereof. The title and the right to dispose thereof is
regarded as in the United States till the survey. If not, why transfer it by pat-
ent to the pre-emptor?. Those sections or their equivalent in other lands, are re-
garded as pledged for school purposes. The language of the law is 'reserved or
pledged.' The term 'reserved' is regarded as synonymous in meaning with
'pledged.'" Ferry v. Street (1886), 4 Utah 531, dismissed 119 U. S. 385.
The title to lands selected under this statute does not vest in a state by a
mere selection of the land. Any selection by a state is ineffectual to transfer title
from the United States to the state, at least unil such selection is approved by
the Secretary of the Interior, if not until the certification of such land to the
state. Baker v. Jamison (1893), 54 Minn. 17.
When a selection of substituted lands has been made, and that selection ap-
proved by the Secretary of the Interior, the land is no longer subject to private
entry. And while the land remains subject to such selection and approval no in-
dividual can come in and question its validity. Johanson v. Washington (1903),
190 U. S. 179, affirming (1901) 26 Wash. 668.
Settlement is made the initiatory step by the laws of Congress to secure to a
party the right of pre-emption. U. S. v. Union Pac. R. Co. (1894), 61 Fed. Rep.
143, affirmed (C. C. A. 1895) 67 Fed. Rep. 974.
The purpose of this section "is evidently to fix the status of such settlers as
may prior to survey, without notice of the fact, have fixed their residence, with a
view to pre-emption, on said sections, and to give such settlers the privilege of
entering such lands under the pre-emption law, and obtaining title thereto; and
for all such lands as may be patented to such pre-emptors, other lands, equal in
quantity, are reserved to the territory or state for school purposes in lieu thereof.
We think this privilege is limited by the language of section 2275, as well as by
other provisions of the pre-emption laws, to such settlers as may be found on
school lands at the time of the survey of the lands in the field. The right of pre-
emption of such settlers as may have settled on school lands prior to survey being
a personal privilege, it follows that sections 16 and 36 of each township are re-
served to the territory or state for school purposes, subject only to the personal
240
APPENDIX
rights of such settlers to obtain title to the same under the pre-emption law; and,
if they do not choose to assert their rights by filing and entering the land, or sub-
sequently abandon their settlements, the land continues to be reserved to the
state or territory for school purposes." A sale by the settlers of their right of
possession and improvements does not pass any of their rgihts to the purchaser.
Gonzales v. French (1893), 4 Ariz. 77.
A claim of pre-emption is fatally defective where the grantees of the claimant
failed to make or file an actual entry in the proper land office. Gonzales v.
French (1896) 164 U. S. 338.
Where an entryman who goes to the public land office for the purpose of ob-
taining public land is required by the receiver to pay the purchase price of the
land before allowing his proofs of entry to be filed, the receiver accepts the money
as a public officer of the United States, and not as the agent of the entryman ;
and the payment is to be regarded as one of public money made to the government
within the meaning of the law and of the bond given by the receiver for the
faithful discharge of the duties of his office. Smith v. U. S. (1898), 170 U. S.
372.
This act, as amended by the act of February 28, 1891, does not authorize any
exchange of lands between the federal and state governments, but only the in-
demnification of the state for the loss of lands to which it was entitled. The act
does not give to the state the right to select other lands of equal acreage with the
school sections where the latter are included within the exterior boundaries of a
forest reservation subsequent to their survey in the field, and the title thereto has
thus become vested in the state. Hibberd v. Slack (1897), 84 Fed. Rep. 571.
1
It seems that this statute does not authorize selections by the state in lieu of
swamp lands lost from a school land grant, for that would be giving to the state
an indemnity for a class of lands already donated to the tsate, and the principle
upon which indemnity is given is for a deficiency and not for that which the
state has already received. Johnston v. Morris (C. C. A. 1896), 72 Fed. Rep. 890.
This section does not authorize any exchange of lands between the federal and
state governments, but only an indemnification of the state for the loss of lands
to which it was entitled. Thus a state has no right to select other lands of equal
acreage with the school sections where such sections, after the state has acquired
title thereto by survey in the field, are included within the bounds of a forest
reservation. Hibberd v. Slack (1897), 84 Fed. Rep. 571.
Certain lands within the ten-mile limits of the Central Pacific railroad, being
part of odd-numbered sections granted thereto by the act of July 1, 1862, chapter
120, were, under section 7 of that act, ordered to be withdrawn, and this order
was received at the office at San Francisco on the 30th of January, 1865. The
map showing definite location of line of said road was filed in the general land
office February 13, 1873, and on May 12, 1874, said lands were selected by the
railroad company as inuring to it under said grant. But the same lands were se-
lected by the state of California June 13, 1865, as indemnity for deficiency of
school lands granted by acts of March 3, 1853, and February 26, 1859, and a list
thereof was certified and approved to the state September 8, 1870. The railroad
company applied for patents for these lands. The Secretary of the Interior was
advisd that he was not authorized by the general laws or the provisions of the
act of July 1, 1862, to issue such patents to the company. (1882) 17 Op. Atty.-
Gen. 406.
+
II.
SEC. 2276. R. S. That the lands appropriated by the preceding sec-
tion shall be selected from any unappropriated, surveyed public lands,
not mineral in character, within the state or territory where such
losses or deficiencies of school sections occur; and where the selections
are to compensate for deficiencies of school lands in fractional town-
APPENDIX
241
ships, such selections shall be made in accordance with the following
principles of adjustment, to-wit: For each township, or fractional town-
ship, containing a greater quantity of land than three-quarters of an
entire township, one section; for a fractional township, containing a
greater quantity of land than one-half, and not more than three-quarters
of a township, three-quarters of a section; for a fractional township,
containing a greater quantity of land than one-quater, and not more
than one-half a township, one-half section; and for a fractional town-
ship containing a greater quantity of land than the entire section, and
not more than one-quarter of a township one-quarter section of land:
Provided, That the states or territories which are, or shall be entitled to
both the sixteenth and thirty-sixth section in place, shall have the right
to select double the amounts named, to compensate for deficiencies of
school land in fractional townships. (26 Stat. L. 797; 6 Fed. Stat.
Ann. 464.)
This section was amended to read as above by the act of February 28, 1891,
chapter 384, 26 Stat. L. 797.
The section (26 Stat. L. 797, 6 Fed. St. Ann. 464), originally read as follows:
"SEC. 2276. The lands appropriated by the preceding section shall be se-
lected, within the same land-district, in accordance with the following principles
of adjustment, to-wit: For each township, or fractional township, containing a
greater quantity of land than three-quarters of an entire township, one section;
for a fractional township, containing a greater quantity of land than one-half,
and not more than three-quarters, of a township, three-quarters of a section; for
a fractional township, containing a greater quantity of land than one-qurater, and
not more than one-half, of a township, one-half section; and for a fractional
township, containing a greater quantity of land than one entire section, and not
more than one-quarter of a township, one-quarter section of land." Act of Febru-
ary 26, 1859, chapter 58, 11 Stat. L. 385; act of May 20, 1826, chapter 83, 4
Stat. L. 179.
See 6 Fed. St. Ann. 464.
This act, as amended by the act of February 29, 1891, does not authorize any
exchange of lands between the federal and state government, but only the in-
demnification of the state for the loss of lands to which it was entitled. The act
does not give to the state the right to select other lands of equal acreage with the
school sections, where the latter, subsequent to their survey in the field, and the
vesting of the title thereto in the state, are included within the exterior bound-
aries of a forest reservation. Hibberd v. Slack (1897), 84 Fed. Rep. 571.
The title to lands selected under this statute does not vest in a state by a
mere selection of the land. Any selection by a state is ineffectual to transfer
title from the United States to the state, at least until such selection is approved
by the Secretary of the Interior, if not until the certification of such land to the
state. Baker v. Jamison (1893), 54 Minn. 17.
Under the act of May 20, 1826, the Secretary of the Treasury, through the
land office, directed the Register to make selections and return lists thereof to be
submitted to him for his approbation. Under this direction certain lands were
selected and reserved from sale. Afterwards the Register withdrew the selection
by authority of the Commissioner of the Land Office and prmitted a person, know-
ing the circumstances under which the land had been reserved from sale, to enter
and take it up. Finally, the Secretary of the Treasury selected the land in ques-
tion under authority given to him by the act of 1826. It was held that the selec-
tion was good and conferred a title superior to the immediate entry. Campbell
v. Doe (1851), 13 How. (U. S.) 244, affirming (1848) 17 Ohio 267.
-16
242
APPENDIX
SEC. 2378.
2378. R. S. There is granted, for the purposes of internal im-
provement, to each new state hereafter admitted into the Union, upon
such admission, so much public land as, including the quantity that was
granted to such state before its admission and while under a territorial
government, will make five hundred thousand acres.
Act of September 4, 1841, chapter 16, Stat. L. 455.
One of the characteristics of a grant under this act is that no preferred
right to make an entry therein can be acquired by settlement or improvement of
the land to be entered. Hartman v. Warren, (C. C. A. 1896), 76 Fed. Rep. 157.
No rights accrue to the state under this act until a selection has been made.
U. S. v. Des Moines Nar. etc. Co., (1892) 142 U. S. 510.
Such selections were subject to the approval of the land department of the
United States, but when so made and approved the lands were to be certified to
the state, and such certification was to have all the effect of a patent. De-
weese v. Reinhard (1897), 165 U. S. 386, affirming (C. C. A. 1894) 61 Fed.
Rep. 777.
The phrase "internal improvement," as used in this section and in section 12
of the Enabling act of Colorado, does not include public buildings, such as asy-
lums, state houses, universities, and colleges, or any other public institutions of
like character, so that the proceeds derived from the sources mentioned in these
acts may be applied to their construction. In re Internal Imp. Fund (1897),
24
Colo. 247. See also In re Internal Improvements (1893), 18 Colo. 317.
The act of Congress of September 4, 1841, declaring that "there shall be
granted to each state" 500,000 acres of land, only imports that a grant shall be
made in the future, and did not convey the fee to any lands whatever, but left
the land system of the United States in full operation as to regulations of title,
so as to prevent conflicting entries. "It could not have been the intention of
the government to relinquish the exercise of power over the public lands that
might be located by the state. The same system was to be observed in the entry
of lands by the state as by individuals, except the payment of the money."
Foley v. Harrison (1853), 15 How. (U. S.) 433. See also, McNee v. Donahue
(1892), 142 U. S. 587.
In Terry v. Megerle (1864), 24 Cal. 610, it was held that the state of Cali-
fornia has no right to select or locate the 500,000 acres of land granted to her
for purposes of internal improvement until after the lands selected have been
surveyed and sectionized by the proper officers of the government; and that no
title to any specific portion of the grant can vest in the state unless the land
has been surveyed and unless the selection is made of lands to which there is
no subsisting valid claim by preemption or otherwise, and is made in parcels
conformably to sectional divisions and subdivisions of not less than three hun-
dred and twenty acres, and has been approved by the federal government.
The land granted to the territory of Wisconsin by the act of 1838 (5 Stat. L.
245), to aid in opening a canal to unite the waters of Lake Michigan to those
of Rock River, is not to be included and computed as part of the 500,000 acres
granted by the act of 1841, for the purposes of internal improvement. (1852),
5 Op. Atty.-Gen. 574.
SEC. 2379. R. S. The selections of lands, granted in the preceding
section, shall be made within the limits of each state so admitted into
the Union, in such manner as the Legislatures thereof, respectively, may
direct; and such lands shall be located in parcels conformably to sec-
tional divisions and subdivisions of not less than three hundred and
twenty acres in any one location, on any public land not reserved from
APPENDIX
243
sale by law of Congress or by proclamation of the President. The loca-
tions may be made at any time after the public lands in any such new
tsate have been surveyed according to law.
Act of September 4, 1841, chapter 16, 5 Stat. L. 455; 6 Fed. St. Ann. 466.
As between a state seeking to select lands as a part of the grant to it by this
act and a settler seeking to acquire a right of pre-emption to the same land, the
party first commencing the proceedings necessary to obtain title and following
up the proceedings to the patent acquires the better right to the premises. "The
patent, which is afterwards issued, relates back to the date of the initiatory act,
and cuts off all intervening claimants. Thus the patent upon a state selection
takes effect as of the time when the selection is made and reported to the land
office; and the patent upon a pre-emption settlement takes effect from the time
of the settlement as disclosed in the declaratory statement or proofs of the
settler to the register of the local land office. The action of the state and of the
settler must, of course, in some way, be brought officially to the notice of the
officers of the government having in their custody the records and other evi-
dences of title to the property of the United States, before their respective claims
to priority of right can be recognized. But it was not intended by the eighth
section of the act of 1841, in authorizing the state to make selections of land, to
interfere with the operation of the other provisions of that act, regulating the
system of settlement and pre-emption. The two modes of acquiring title to land
from the United States were not in conflict with each other. Both were to have
full operation, that one controlling in a particular case under which the first
initiatory step was had." McCreery v. Haskell (1886), 119 U. S. 327. See
also, Shepley v. Cowan (1875), 91 U. S. 330.
The states to which lands were given by the above statute are not entitled
to take any land to which pre-emption rights existed. (1842), 4 Op. Atty.-
Gen. 71.
If the state selects as a part of the grant lands in the possession of a bona
fide pre-emptioner at the time of the selection, the pre-emptioner is in such priv-
ity with the common source of title that he can attack a patent granted by the
state for such lands, in an action of ejectment brought by the patentee or his
assignee. Terry v. Megerle (1864), 24 Cal. 610.
Pending a contest between a grantee from the state, of lands acquired by the
state by the act of 1841, and a claimant under the Sioux Half Breed Location,
under the act of July 23, 1866, no patent can properly issue. U. S. v. Chapman
(1879), 5 Sawy. (U. S.) 528, 25 Fed. Cas. No. 14,785.
One who claims land by virtue of a homestead entry as against a grantee of
a state, of lands selected by the state under this act and duly certified to the
state by the secretary of the interior, does not stand in such privity with the
United States as entitles him to maintain a suit to annul the certification of the
land in dispute. Deweese v. Reinhard (C. C. A. 1894), 61 Fed. Rep. 777, af-
firmed (1897) 165 U. S. 386; Frasher v. O'Connor (1885), 115 U. S. 102.
It was not the intention of Congress by section 8 of the act of 1841 to give
a state the power to take lands which had actually been reserved by the United
States for any other purpose. Wolsey v. Chapman (1879), 101
(1879), 101 U. S. 755. See
also, (1856) 8 Op. Atty.-Gen. 16.
Where a state issues patents to individuals, of lands granted to the state by
this act, such individuals do not derive their title to the land from any statute
of the United States, and therefore the Supreme Court has no jurisdiction over
contested claims in regard to such lands by virtue of the 25th section of the
Judiciary act. Shaffer v. Scudday (1856), 19 How. (U. S.) 18; Wynn v. Morris
(1857), 20 How. (U. S.) 3.
One of the characteristics of a grant under this act is that no preferred right
to make an entry therein can be acquired by settlement or improvement of the
land to be entered. Hartman v. Warren (C. C. A. 1896), 76 Fed. Rep. 157.
244
APPENDIX
III.
PREFERENCE RIGHT OF STATE.
Provided further, That the States of * * Washington shall
have a preference right over any person or corporation to select lands
subject to entry by said states, granted to said states by the act of Con-
gress approved February twenty-second, eighteen hundred and eighty-
nine, for a period of sixty days after the lands have been surveyed and
duly declared to be subject to selection and entry under the General
Land Laws of the United States: And provided further, That such pref-
erence right shall not accrue against bona fide homestead or pre-emption
settlers on any of said lands at the date of filing of the plat of survey of
any township in any local land office of said states. (27 Stat. L. 592;
6 Fed. St. Ann. 477.)
IV.
GOVERNOR TO SELECT LAND FOR SURVEY.
That it shall be lawful for the Governors of the State of Washing-
ton, * *
to apply to the Commissioner of the General Land Office
for the survey of any township or townships of public land then remain-
ing unsurveyed in any of the several surveying districts with a view to
satisfy the public land grants made by the several acts admitting the
said states into the Union to the extent of the full quantity of land
called for thereby; and upon the application of said Governors the Com-
missioner of the General Land Office shall proceed to immediately notify
the Surveyor General of the application made by the Governor of any of
the said states of the application made for the withdrawal of said lands,
and the Surveyor General shall proceed to have the survey or surveys
so applied for made, as in the cases of surveys of public lands; and the
lands that may be found to fall within the limits of such township or
townships, as ascertained by the survey, shall be reserved upon the fil-
ing of the application for survey from any adverse appropriation by
settlement or otherwise except under rights that may be found to exist
of prior inception, for a period to extend from such application for sur-
vey until the expiration of sixty days from the date of the filing of the
township plat of survey in the proper district land office, during which
period of sixty days the state may select any of such lands not embraced
in any valid adverse claim, for the satisfaction of such grants, with the
condition, however, that the Governor of the state, within thirty days
from the date of such filing of the application for survey, shall cause a
notice to be published, which publication shall be continued for thirty
days from the first publication in some newspaper of general circulation
in the vicinity of the lands likely to be embraced in such township or
townships, giving notice to all parties interested of the fact of such ap-
plication for survey and the exclusive right of selection by the state for
the aforesaid period of sixty days as herein provided for; and after the
expiration of such period of sixty days any lands which may remain
APPENDIX
245
unselected by the state, and not otherwise appropriated according to
law, shall be subject to disposal under general laws as other public
lands: And provided further, That the Commissioner of the General
Land Office shall give notice immediately of the reservation of any
township or townships to the local land office in which the land is situ-
ate of the withdrawal of such township or townships, for the purpose
hereinbefore provided: And provided further, That the Governors of
the several states herein named are authorized to advance money from
time to time for the survey of townships withdrawn at such United
States depository as may be designated by the Commissioner of the Gen-
eral Land Office, and the moneys so advanced shall be reimbursable.
(28 Stat. L. 395; 6 Fed. St. Ann.)
Reimbursement to the state of Washington: To reimburse the
state of Washington as provided in the act of congress approved
August eighteenth, eighteen hundred and ninety-four, for moneys
advanced by said state to the United States on April eighteenth, nine-
teen hundred and two, to secure the survey of lands in township
thirty-three north, range eight east, Willamette meridian, per certifi-
cates of deposit numbered six hundred and fifty-seven, six hundred
and fifty-eight and six hundred and fifty-nine, of the Washington
National Bank of Seattle, Washington, one thousand seven hundred
and five dollars. (34 U. S. Stat. L., p. 1334.)
V.
COMPENSATION FOR SURVEYING IN COLORADO, IDAHO, MONTANA, NEVADA,
UTAH, WASHINGTON, WYOMING, AAIZONA, NEW MEXICO
AND ALASKA.
Act March 3, 1901, 31 Stat. L., Ch. 853.
[The provisions of this act, set forth in Comp. St. 1901, p. 1482, is repeated
in the same language in the sundry civil appropriation acts for subsequent years.
This and other provisions, likewise repeated from year to year, accompanying
the appropriations under the head "Surveying the Public Lands," as they appear
in Act March 3, 1905, chapter 1483, sec. 1, are set forth below.]
PREFERENCES IN SURVEYING; RATES OF COMPENSATION.
For surveys and resurveys of public lands, four hundred thousand
dollars, at rates not exceeding nine dollars per linear mile for standard
and meander lines, seven dollars for township, and five dollars for sec-
tion lines: Provided, That in expending this appropriation preference
shall be given, first, in favor of surveying townships occupied, in whole
or in part, by actual settlers and of lands granted to the states by the
acts approved February twenty-second, eighteen hundred and eighty-
nine, and the acts approved July third and July tenth, eighteen hun-
dred and ninety; and, second, to surveying under such other acts as pro-
vide for land grants to the several states and territories, except rail-
road land grants and such indemnity lands as the several states and
territories may be entitled to in lieu of lands franted them for educa-
246
APPENDIX
tional and other purposes which may have been sold or included in some
reservation or otherwise disposed of, and other surveys shall be con-
fined to lands adapted to agriculture and lines of reservations, except
forest reservations, and lands within boundaries of forest reservations,
except that the Commmissioner of the General Land Office may allow,
for the survey and resurvey of lands heavily timbered, mountainous, or
covered with dense undergrowth, rates not exceeding thirteen dollars
per linear mile for standard and meander lines, eleven dollars for town-
ship, and seven collars for section lines, and in cases of exceptional
difficulties in the surveys, where the work cannot be contracted for at
these rates, compensation for surveys and resurveys may be allowed by
the said Commissioner, with the approval of the Secretary of the In-
terior, at rates not exceeding eighteen dollars per linear mile for stand-
ard meander lines, fifteen dollars for township, and twelve dollars for
section lines: Provided further, That in the States of California, Colo-
rado, Idaho, Montana, Nevada, Oregon, Utah, Washington, Wyoming,
the Territories of Arizona and New Mexico, and the district of Alaska,
there may be allowed, in the discretion of the Secretary of the Interior,
for the survey and resurvey of lands heavily timbered, mountainous or
covered with dense undergrowth, rates not exceeding twenty-five dollars
per linear mile for standard and meander lines, twenty-three dollars
for township, and twenty dollars for section lines; the provisions of sec-
tion twenty-four hundred and eleven, Revised Statutes of the United
States, authorizing allowance for surveys in California and Oregon, are
hereby extended to all of the above-named states and territories and
district. (33 Stat. L. 1483, 1184.)
[These are provisions of the sundry civil appropriation act for the fiascal year
ending June 30, 1906, cited above. The appropriation made and the provisos
relating thereto are for the fiscal year only, but are repeated in the successive
acts for recent years with little variation.]
4
VI.
AUTHORIZING THE ATTORNEY GENERAL, UPON THE REQUEST OF THE SECRE-
TARY OF THE INTERIOR, TO APPEAR IN SUITS BROUGHT
BY STATES RELATIVE TO SCHOOL LANDS.
SCHOOL LANDS IN INDIAN RESERVATIONS.
That in any suit heretofore or hereafter instituted in the Supreme
Court of the United States to determine the right of a state to what are
commonly known as school lands within any Indian reservation or any
Indian cession where an Indian tribe claims any right to or interest in
the lands in controversy, or in the disposition thereof by the United
States, the right of such state may be fully tested and determined with-
out making the Indian tribe, or any portion thereof, a party to the suit
if the Secretary of the Interior is made a party thereto; and the duty of
representing and defending the right or interest of the Indian tribe, or
any portion thereof, in the matter shall devolve upon the Attorney
APPENDIX
247
General upon the request of such Secretary. (31 Stat. L. 950; 6 Fed.
St. Ann. 467.)
Congress "has by this legislation in effect declared that the Indians, al-
though the real parties in interest, need not be made parties to the suit; that
the United States will, for the purposes of litigation, stand as the real party in
interest, and so far as it could within constitutional limits has expressed the
consent of the government to the maintenance of this suit in this court. By
the act, it, in effect, declares that it waives all objections on the ground that
it is a mere trustee; that it assumes the full responsibilities of ownership, and
that it will, whatever may be the outcome of any legislation, stand responsible
to the Indians for the full value of the lands in controversy. Can the court
say that the United States may not assume such responsibility; may not waive
all objections on account of the mere matter of trusteeship, and stand in court
as the responsible owner, against whom all litigation may be directed? If it
stands as such owner, then within the proposition heretofore referred to a suit
which is against its agents, not affecting them individually, but affecting only its
title to the real estate, is in substance and effect a suit against the United States.
The controversy is made by the act of 1901, one to which the United States is a
party in interest, to be directly affected by the result, and, therefore, the case is
within the first paragraph, as one to which the judicial power of the United
States extends. Our conclusion, therefore, is that the original jurisdiction vested
by the Constitution in this court over controversies in which a state is a party
is not affected by the question whether the state is party plaintiff or party de-
fendant; that a dispute as to the title to real estate is a question of a justici-
able nature, and can properly be determined in a judicial proceeding, and that
the United States is to be taken, for the purposes of this case, as the real party
in interest adverse to the state. We are of opinion, therfore, that this court
has jurisdiction of this controversy, and is called upon to determine the case
upon its merits.” Minnesota v. Hitchcock (1902), 185 U. S. 373.
The general scope of the legislation of Congress in regard to public schools.
and also in regard to Indians as the wards of the government, as well as the
technical rules of statutory construction, sustain the contention that none of
the lands ceded to Indians passed to the state under the school grants. This is
true, although no patent has been executed by the United States to the Indians
in sveralty or to the tribe at large. Clearly it is enough that from what has
been done there resulted a certain definite tract appropriated to that purpose and
that the Indian occupation was confined by the treaty to that tract, which be-
came in effect an Indian reservation. Minnesota v. Hitchcok (1902), 185 U. S.
373. See also, Spalding v. Chandler (1896), 160 U. S. 394.
VII.
SCHOOL LANDS IN INDIAN RESERVATION.
That any state or territory entitled to indemnity school lands or en-
titled to select lands for educational purposes under existing law may
select such lands within the boundaries of any Indian reservation in
such state or territory from the surplus lands thereof, purchased by the
United States after allotments have been made to the Indians of such
reservation, and prior to the opening of such reservation to settlement.
(28 Stat. L. 899.)
This is from the Indian Appropriation Act of March 2, 1895, chapter 188.
To give the court jurisdiction under this act of a suit for damages growing
out of the claimant's settlement on Crow Creek, and Winnebago reservations, the
claim must have been wholly disallowed by the department of the interior; the
•
248
APPENDIX
ม
suit must have been commenced within six months after the passage of the act
and it must be the same case in law that was before the department. Schewson
v. U. S. (1896), 31 Ct. Cl. 192.
The act for opening the Colville reservation has no provision to conform to
above. (See chapter 1126, p. 80, vol. 34 (1905-07, U. S. St.-at-Large).
VIII.
RELATING TO GRANTS OF LAND TO THE TERRITORY AND STATE OF WASHING-
TON FOR SCHOOL PURPOSES.
Whereas, by the act of Congress of February twenty-second, 'eighteen
hundred and eighty-nine, providing that the inhabitants of the Terri-
tory of Washington might, upon certain conditions prescribed in said
act, become the State of Washington, certain lands were granted to the
said state for school purposes; and
Whereas, a doubt has arisen as to what lands were granted by section
ten of said act; and
Whereas, by section twenty of the act of Congress of March second,
eighteen hundred and fifty-three, entitled "An act to establish the terri-
torial government of Washington," the county commissioners of counties
in said territory were authorized to locate and select certain lands in
lieu of sections sixteen and thirty-six occupied by actual settlers; and
Whereas, by the act of Congress of February twenty-sixth, eighteen
hundred and fifty-nine, entitled "An act to authorize settlers upon six-
teenth and thirty-sixth sections, who settled before the surveys of pub-
lic lands, to preempt their settlements," certain lands were appropriated
for school purposes in lieu of such as might be patented by preemptors,
and to compensate deficiencies for school purposes where said sections
sixteen and thirty-six were fractional in quantity, or where one or both
were wanting by reason of the township being fractional, or from any
natural cause whatever, and providing for their selection; and
Whereas, certain lieu lands have been selected by the Territory of
Washington under said acts of Congress: therefore,
That in all cases where sections sixteen and thirty-six, or either or
any of them, or any portion thereof, have been occupied by actual set-
tlres prior to survey thereof, and the county commissioners of the coun-
ties in which said sections so occupied as aforesaid are situated, have,
under said act of Congress of March second, eighteen hundred and fifty-
three, located or selected other lands in sections or fractional sections,
as the case may be, within their respective counties, in lieu of said sec-
tion so occupied as aforesaid, the lands so located or selected, when the
same shall have been approved by the Secretary of the Interior, shall be
deemed and taken to have been granted to said state by said act of Feb-
ruary twenty-second, eighteen hundred and eighty-nine, and the title of
said state thereto is hereby confirmed.
SEC. 2. That where any lands appropriated by Congress to said
territory to compensate deficiencies for school purposes, where sections
sixteen or thirty-six were fractional in quantity, or where one or both
APPENDIX
249
were wanting by reason of the township being fractional, or from any
natural cause whatever, or where section sixteen or thirty-six were pat-
ented by preemptors, have been selected and appropriated as provided in
said act of Congress of February twenty-sixth, eighteen hundred and
fifty-nine, the lands so selected and appropriated, when the same shall
have been approved by the Secretary of the Interior, shall be deemed
and taken to have been granted to said State of Washington by the said
act of February twenty-second, eighteen hundred and eighty-nine, and
the title thereto confirmed. (32 Stat. L., p. 756; 6 Fed. St. Ann. 490.)
State v. Johanson, 26 Wash. 668, affirmed 190 U. S. 179.
Sections 16 and 36 granted to the Territory for school purposes by the Or-
ganic act (10 Stat.-at-Large 172), and by the act of February 26, 1859 (11 Stat.-
at-Large 385), allowing lieu selections where sections 16 and 36 had been settled
upon before survey was confirmed by the Enabling Act, the lieu selections in-
cluded.
Unsurveyed sections 16 and 36, embraced in land withdrawn for a forest re-
serve by proclamation dated September 28, 1893, plat of survey of which was
approved January 13, 1894, and filed in local land office October, 1894, do not
become property of state upon survey, but are a part of the forest reserve, and
should be administered free from the claim of transferees of the State of Oregon.
Curtis Lumber Co. ex parte. (Decision "R" of Commissioner of the General Land
Office, unpublished, dated February 28, 1906.)
Where a forest reservation includes within its limits a school section sur-
veyed prior to the establishment of the réservation, the State, under the author-
ity of the first proviso to section 2275 Revised Statutes, as amended by the act
of February 28, 1891, may be allowed to waive its right to such section and se-
lect other land in lieu thereof.
售
​The decision herein of December 27, 1894, 19 L. D., 585, recalled and vacated.
Instructions of December 19, 1893, 17 L. D. 576, modified. State of Cali-
fornia, 28 L. D. 57.
Section 11 of the act of February 22, 1889 (25 Stat., 676-680 affecting North
Dakota, South Dakota, Montana, and Washington only), withheld sections 16 and
36 from entry under the land laws, whether surveyed or unsurveyed, in conse-
quence of which provision they ceased to be "public lands" in the sense used in
section 24 of the act of March 3, 1891 (26 Stat., 1095), authorizing the estab-
lishment of forest reserves. South Dakota v. Hiram H. Ruby. (Unpublished de-
cision of Secretary of the Interior, dated May 21, 1904.)
By the act of June 21, 1898, a grant, in præsenti, of school lands is made
to the Territory of New Mexico; and under the provisions of section 2275, Re-
vised Statutes, as amended by the act of February 28, 1891, said Territory may
relinquish its claim to such school sections as it may be entitled that are in-
cluded within the limits of a forest reserve, and select other lands in lieu thereof.
Territory of New Mexico, 29 L. D. 365.
IX.
DONATING PUBLIC LANDS TO THE SEVERAL STATES AND TERRITORIES WHICH
MAY PROVIDE COLLEGES FOR THE BENEFIT OF AGRICULTURE
AND THE MECHANIC Arts.
[Act of July 2, 1862, chapter 130, 12 Stat. L, 503.]
SEC. 1. That there be granted to the several states, for the purposes
hereinafter mentioned, an amount of public land, to be apportioned to
each state a quantity equal to thirty thousand acres for each Senator
250
APPENDIX
and Representtaive in Congress to which the states are respectively
entitled by the apportionment under the census of eighteen hundred and
sixty: Provided, That no mineral lands shall be selected or purchased
under the provisions of this' act. (12 Stat. L. 503.)
SEC. 2. That the land aforesaid, after being surveyed, shall be ap-
portioned to the several states in sections or subdivisions of sections,
not less than one-quarter of a section; and whenever there are public
lands in a state subject to sale at private entry at one dollar and twenty-
five cents per acre, the quantity to which said state shall be entitled
shall be selected from such lands within the limits of such state, and
the Secretary of the Interior is hereby directed to issue to each of the
states in which there is not the quantity of public lands subject to sale
at private entry at one dollar and twenty-five cents per acre, to which
said state may be entitled under the provisions of this act, land scrip
to the amount in acres for the deficiency of its distributive share; said
scrip to be sold by said states and the proceeds thereof applied to the
uses and purposes prescribed in this act, and for no other use or pur-
pose whatsoever: Provided, That in no case shall any state to which
land scrip may thus be issued be allowed to locate the same within the
limits of any other state, or of any territory of the United States, but
their assignees may thus locate said land scrip upon any of the unap-
propriated lands of the United States subject to sale at private entry
at one dollar and twenty-five cents; or less, per acre: And provided
further, That not more than one million acres shall be located by such
assignees in any one of the states: And provided further, That no such
location shall be made before one year from the passage of this act.
(12 Stat. L. 503, 504.)
SEC. 3. That all the expenses of management, superintendence, and
taxes from date of selection of said lands, previous to their sales, and
all expenses incurred in the management and disbursement of the
moneys which may be received therefrom, shall be paid by the states
to which they may belong, out of the treasury of said states, so that
the entire proceeds of the sale of said lands shall be applied without
any diminution whatever to the purposes hereinafter mentioned.( 12
Stat. L. 504.)
SEC. 4. That all moneys derived from the sale of lands aforesaid
by the states to which the lands are apportioned, and from the sales of
land-scrip herein before provided for, shall be invested in stocks of the
United States or of the states, or some other safe stocks; or the same
may be invested by the states having no state stocks, in any other
manner after the Legislature of such states shall have assented thereto,
and engaged that such funds shall yield not less than five per centum
upon the amount so invested and that the principal thereof shall for-
ever remain unimpaired: Provided, That the moneys so invested or
loaned shall constitute a perpetual fund, the capital of which shall re-
main forever undiminished (except so far as may be provided in section
five of this act), and the interest of which shall be inviolably appro-
APPENDIX
251
priated, by each state which may take and claim the benefit of this act,
to the endowment, support and maintenance of at least one college
where the leading object shall be without excluding other scientific and
classical studies, and including military tactics, to teach such branches
of learning as are related to agriculture and the mechanic arts, in such
manner as the Legislatures of the states may respectively prescribe, in
order to promote the liberal and practical education of the industrial
classes in the several pursuits and professions in life. (22 Stat. L. 484.)
This section was amended "so as to read as" above given by the act of
March 3, 1883, chapter 102. Originally this section was as follows:
·
"SEC. 4. That all moneys derived from the sale of the lands aforesaid by
the states to which the lands are apportioned, and from the sales of land scrip
hereinbefore provided for, shall be invested. in stocks of the United States, or
of th states, or some other safe stocks, yielding not less than five per centum
upon the par value of said stocks; and that the moneys so invested shall con-
stitute a perpetual fund, the capital of which shall remain forever undiminished
except so far as may be provided in section fifth of this act], and the interest of
which shall be inviolably appropriated, by each state which may take and claim
the benefit of this act, to the endowment, support and maintenance of at least
one college where the leading object shall be, without excluding other scientific
and classical studies, and including military tactics, to teach such branches of
learning as are related to agriculture and the mechanic arts, in such manner as
the legislatures of the states may respectively prescribe, in order to promote the
liberal and practical education of the industrial classes in the several pursuits
and professions in life." [12 Stat. L. 504.]
SEC. 5. Tuat the grant of land and land scrip hereby authorized
shall be made on the following conditions, to which, as well as to the
provisions herein before contained, the previous assent of the several
states shall be signified by legislative acts:
First. If any portion of the fund invested, as provided by the fore-
going section, or any portion of the interest thereon, shall, by any action
or contingency, be diminished or lost, it shall be replaced by the state
to which it belongs, so that the capital of the fund shall remain forever
undiminished; and the annual interest shall be regularly applied with-
out diminution to the purposes mentioned in the fourth section of this
act, except that a sum, not exceeding ten per centum upon the amount
received by any state under the provisions of this act, may be expended
for the purchase of lands for sites or experimental farms, whenever au-
thorized by the respective Legislatures of said states.
Second. No portion of said fund, nor the interest thereon, shall be
applied, directly or indirectly, under any pretense whatever, to the pur-
chase, erection, preservation, or repair of any building or buildings.
Third. Any state which may take and claim the benefit of the pro-
visions of this act shall provide, within five years, at least not less
than one college, as described in the fourth section of this act, or the
grant to such state shall cease; and said state shall be bound to pay the
United States the amount received of any lands previously sold, and
that the title to purchasers under the state shall be valid.
Fourth. An annual report shall be made regarding the progress of
252
APPENDIX
each college, recording any improvements and experiments made, with
their cost and results, and such other matters, including state industrial
and economical statistics, as may be supposed useful; one copy of which
shall be transmitted by mail free, by each, to all the other colleges
which may be endowed under the provisions of this act, and also one
copy to the Secretary of the Interior.
Fifth. When lands shall be selected from those which have been
raised to double the minimum price, in consequence of railroad grants,
they shall be computed to the states at the maximum price, and the
number of acres proportionally diminished.
Sixth. No state while in a condition of rebellion or insurrection
against the government of the United States shall be entitled to the
bentfit of this act.
Seventh. No state shall be entitled to the benefits of this act unless
it shall express its acceptance thereof by its Legislature within two
years from the date of its approval by the President. (12 Stat. L. 504,
505.)
This section was amended by the act of July 23, 1866, chapter 209, as fol-
lows:
That the time within which the several states may comply with the
· provisions of the act of July two, eighteen hundred and sixty-two, en-
titled "An act donating public lands to the several states and territories
which may provide colleges for the benefit of agriculture and the me-
chanic arts,"* is hereby extended so that the acceptance of the benefits
of the said act may be expressed within three years from the passage
of this act, and the colleges required by the said act may be provided
within five years from the date of the filing of such acceptance with the
Commissioner of the General Land Office: Provided, That when any
territory shall become a state and be admitted into the Union, such new
state shall we entitled to the venefits of the said act of July two, eighteen
hundred and sixty-two, by expressing the acceptance therein required
within three years from the date of its admission into the Union, and
providing the college or colleges within five years after such acceptance,
as prescribed in this act: Provided further, That any state which has
heretofore expressed its acceptance of the act herein referred to shall
have the period of five years within which to provide at least one college,
as described in the fourth section of this act, after the time for pro-
viding said college, according to the act of July second, eighteen hun-
dred and sixty-two, shall have expired. (14 Stat. L. 208.)
SEC. 6. That land scrip issued under the provisions of this act shall
not be subject to location until after the first day of January, one thou-
sand eight hundred and sixty-three. (12 Stat. L. 505.)
SEC. 7. That the land officers shall receive the same fees for locating
land scrip issued under the provisions of this act as is now allowed for
the location of military bounty land warrants under existing laws;
* This act was complied with in section 16 of Enabling act, though see Laws
'89-'90, p. 429, accepting this grant.
APPENDIX
253
Provided, Their maximum compensation shall not be thereby increased.
(12 Stat. L. 505.)
SEC. 8. That the Governors of the several states to which scrip shall
be issued under this act shall be required to report annually to Congress
all sales made of such scrip until the whole shall be disposed of, the
amount received for the same, and what appropriation has been made
of the proceeds. (12 Stat. L. 505.)
X.
TITLE AND PATENTS UNDER GRANTS TO STATES AND TERRITORIES.
SEC. 2449. R. S. Where lands have been or may hereafter be
granted by any law of Congress to any one of the several states and ter-
ritories, and where such law does not convey the fee-simple title to the
lands, or require patents to be issued therefor, the list of such lands
which have been or may hereafter be certified by the Commissioner of
the General Land Office, under the seal of his office, either as originals
or copies of the originals or records shall be regarded as conveying the
fee-simple of all the lands embraced in such lists that are of the char-
acter contemplated by such act of Congress, and intended to be granted
tuereby; but where lands embraced in such lists are not of the char-
acter embraced by such acts of Congress, and are not intended to be
granted thereby, the lists, so far as these lands are concerned, shall be
perfectly null and void, and no right, title, claim, or interest shall be
conveye dthereby. (Act August 3, 1854, chapter 201, 10 Stat. L. 346.)
The issuance of patents for wagon-road grants to the State of Oregon is pro-
vided for by Act June 18, 1874, chapter 305, set forth below.
The reissue of agricultural college land scrip lost, canceled or destroyed with-
out fault of the owner, is provided for by Act June 20, 1874, chapter 330, set
forth below.
XI.
DESERT LANDS TO STATES.
That to aid the public land states in the reclamation of the desert
lands therein, and the settlement, cultivation and sale thereof in small
tracts to actual settlers, the Secretary of the Interior with the approval
of the President, be, and hereby is, authorized and empowered, upon
proper application of the state to contract and agree, from time to time,
with each of the states in which there may be situated desert lands as
defined by the act entitled "An act to provide for the sale of desert land
in certain states and territories," approved March third, eighteen hun-
dred and seventy-seven, and the act amendatory thereof, approved
March third, eighteen hundred and ninety-one, binding the United
States to donate, grant and patent to the state free of cost for survey
or price such desert lands, not exceeding one million acres in each state,
as the state may cause to be irrigated, reclaimed, occupied, and not less
than twenty acres of each one hundred and sixty-acre tract cultivated
254
APPENDIX
by actual settlers, within ten years next after the passage of this act,
as thoroughly as is required of citizens who may enter under the said
desert land law. (28 Stat. L. 422.)
Before the application of any state is allowed or any contract or
agreement is executed or any segregation of any of the land from the
public domain is ordered by the Secretary of the Interior, the state shall
file a map of the said land proposed to be irrigated which shall exhibit
a plan showing the mode of the contemplated irrigation and which plan
shall be sufficient to thoroughly irrigate and reclaim said land and pre-
pare it to raise ordinary agricultural crops and shall also show the
source of the water to be used for irrigation and reclamation, and the
Secretary of the Interior may make necessary regulations for the reser-
vation of the lands applied for by the states to date from the date of
the filing of the map and plan of irrigation, but such reservation shall
be of no force whatever if such map and plan of irrigation shall not be
approved. That any state contracting under this section is hereby au-
thorized to make all necessary contracts to cause the said lands to be
reclaimed, and to induce their settlement and cultivation in accordance
with and subject to the provisions of this section; but the state shall
not be authorized to lease any of said lands or to use or dispose of the
same in any way whatever, except to secure their reclamation, cultiva-
tion and settlement. (28 Stat. L. 422.)
As fast as any state may furnish satisfactory proof according to such
rules and regulations as may be prescribed by the Secretary of the In-
terior, that any of said lands are irrigated, reclaimed and occupied by
actual settlers, patents shall be issued to the state or its assigns for
said lands so reclaimed and settled: Provided, That said states shall
not sell or dispose of more than one hundred and sixty acres of said
lands to any one person, and any surplus of money derived by any state
from the sale of said lands in excess of the cost of their reclamation,
shall be held as a trust fund for and be applied to the reclamation of
other desert lands in such state.
(28 Stat. L. 422.)
*
This is from the Sundry Civil Appropriation Act of August 18, 1894, chap-
ter 301.
Amendments, see following sections:
For construction of state statutes accepting the benefits of this statute, see
State v. Wright (1896,) 17 Mont. 565; State v. Marshall (1898), 20 Mont. 510;
Howlett v. Cheetham (1897), 17 Wash. 626.
That under any law heretofore or hereafter enacted by any
state, providing for the reclamation of arid lands, in pursuance and ac-
ceptance of the terms of the grant made in section four of an act en-
titled "An act making appropriations for the sundry civil expenses of
the government for the fiascal year ending June thirtieth, eighteen hun-
dred and ninety-five," approved August eighteenth, eighteen hundred
and ninety-four, a lien or liens is hereby authorized to be created by
the state to which such lands are granted and by no other authority
whatever, and when created shall be valid on and against the separate
APPENDIX
255
legal subdivisions of land reclaimed, for the actual cost and necessary
expenses of reclamation and reasonable interest thereon from the date
of reclamation until disposed of to actual settlers; and when an ample
supply of water is actually furnished in a substantial ditch or canal,
or by artesian wells or reservoirs, to reclaim a particular tract or tracts
of such lands, then patents shall issue for the same to such state with-
out regard to settlement or cultivation: Provided, That in no event, in
no contingency, and under no circumstnaces shall the United States be
in any manner directly or indirectly liable for any amount of any such
lien or liability, in whole or in part.
(29 Stat. L. 434.)
This is from the Sundry Civil Appropriation Act of June 11, 1896, chap-
ter 420.
*
SEC. 3. That section four of the act of August eighteenth, eighteen
hundred and ninety-four, entitled "An act making appropriations for
sundry civil expenses of the government for the fiascal year ending
June thirtieth, eighteen hundred and ninety-five, and for other pur-
poses," is hereby amended so that the ten years' period within which
any state shall cause the lands applied for under said act to be irri-
gated and reclaimed, as provided in said section as amended by the act
of June eleventh, eighteen hundred and nienty-six, shall begin to run
from the date of approval by the Secretary of the Interior of the state's
application for the segregation of such lands; and if the state fails
within said ten years to cause the whole or any part of the lands so
segregated to be so irrigated and reclaimed, the Secretary of the Interior
may, in his discretion, continue said segregation for a period of not
exceeding five years, or may, in his discretion, restore such lands to the
public domain.
(31 Stat. L. 1188.)
* *
This is from the Sandry Civil Appropriation Act of March 3, 1901, chap-
ter 853.
NATIONAL FOREST.
I.
PRESIDENT MAY ESTABLISH.
SEC. 24. That the President of the United States may, from time to
time, set apart and reserve, in any state or territory having public land
bearing forests, in any part of the public lands wholly or in part covered
with timber or undergrowth, whether of commercial value or not, as
public reservations, and the President shall, by public proclamation, de-
clare the establishment of such reservations and the limits thereof.
(26 St. L., p. 1103.)
This is from the act of March 3, 1891, chapter 561, set out under Public
Lands, vol. 6, Fed. Stat. Anno., p. 497.
"The President had and has no power to declare any lands a part of a forest
reserve except public lands; and the term 'public lands' as used in the legisla-
tion of Congress describes such lands as are subject to sale or other disposition
under general laws." U. S. v. Blendauer (1903), 122 Fed. Rep. 703.
256
APPENDIX
When the President has the right under the provisions of this act to set
apart lands for a forest reserve the secretary of the interior may make the
order. Wolsey v. Chapman (1879), 101 U. S. 755.
It is not necessary that the President should sign a proclamation setting
apart public lands as a forest reservation. Where the proclamation is made by
the secretary of the interior it will be considered as having been done by the
secretary with the President's approval. U. S. v. Blendauer (1903), 122 Fed.
Rep. 703.
+
Unsurveyed section 16 and 36, embraced in land withdrawn for a forest re-
serve by proclamation dated September 28, 1893, plat of survey of which was
approved January 13, 1894, and filed in local land office October 1894, do not be-
come property of state upon survey, but are a part of the forest reserve, and
should be administered free from the claim of transferees of the State of Oregon.
Curtis Lumber Co., ex parte. (Decision "R" of the Commissioner of the General
Land Office, unpublished, dated February 28, 1906.)
Section 11 of the act of February 22, 1889 (25 Stat. L. 676-680, affecting
North Dakota, South Dakota, Montana and Washington only), withheld section
16 and 36 from entry under the land laws, whether surveyed or unsurveyed, in
consequence of which provision they ceased to be "public lands" in the sense
used in section 24 of the act of March 3, 1891 (26 Stat., 1905), authorizing the
establishment of forest reserves. South Dakota v. Hiram H. Ruby. (Unpub-
lished decision of the Secretary of the Interior, dated May 21, 1904.)
Where a forest reservation includes within its limits a school section surveyed
prior to the establishment of the reservation, the state, under the authority of the
first proviso to section 2275, Revised Statutes, as amended by the act of Febru-
ary 28, 1891, may be allowed to waive its right to such section and select other
lands in lieu thereof.
The decision herein of December 27, 1894, 19 L. D., 585, recalled and vacated.
Instructions of December 19, 1893, 17 L. D., 576, modified. State of Cali-
fornia, 28 L. D. 57.
By the act of June 21, 1898, a grant in praesenti, of school lands is made to
the Territory of New Mexico; and under the provisions of section 2275, Revised
Statutes, as amended by the act of February 28, 1891, said territory may relin-
quish its claim to such school sections as it may be entitled that are included
within the limits of a forest reserve, and select other lands in lieu thereof. Ter-
ritory of New Mexico, 29 L. D. 365.
II.
PRESIDENT MAY AMEND PROCLAMATION.
For the survey of the public lands that have been or may hereafter
be designated as forest reserves by executive proclamation, under sec-
tion twenty-four of the act of Congress approved March third, eighteen
hundred and nienty-one, entitled "An act to repeal timber culture laws,
and for other purposes," and including public lands adjacent thereto,
which may be designated for survey by the Secretary of the Interior,
one hundred and fifty thousand dollars, to be immediately available:
Provided, That to remove any doubt which may exist pertaining to the
authority of the President thereunto, the President of the United States
is hereby authorized and empowered to revoke, modify or suspend any
and all such executive orders and proclamations, or any part thereof,
from time to time as he shall deem best for the public interests: Pro-
APPENDIX
257
vided, That the executive orders and proclamations dated February
twenty-second, eighteen hundred and ninety-seven, setting apart and re-
serving certain lands in the States of Wyoming, Utah, Montana, Wash-
ington, Idaho and South Dakota as forest reservations, be, and they are
hereby, suspended, and the lands embraced therein retsored to the pub-
lic domain the same as though said orders and proclamations had not
been issued: Provided further, That lands embraced in such reserva-
tions not otherwise disposed of before March first, eighteen hundred and
ninety-eight, shall again become subject to the operations of said orders
and proclamations as now existing or hereafter modified by the Presi-
dent. (30 Stat. L. 34.)
This and the twelve following paragraphs are from the Sundry Civil Appro-
priation Act of June 4, 1897, chapter 2.
The proclamations above referred to are those of February 22, 1897, Nos.
19-31, 29 Stat. L. 893-912. They were issued under authority of act of March 3,
1891, chapter 561, §24, supra, p. 310.
Later proclamations issued under the same act are those of 1898, March 2,
May 10, May 27, June 29, August 17, September 19, 1899; February 10, Nos.
5, 9, 11, 14, 18-20, 23, 24 (30 Stat. L. 1767, 1771, 1773, 1776, 1780-1785, 1787-
1789.)
The word "owner," as herein used in relation to exchange of lands, refers
only to one who holds both the legal and equitable title to the patented lands,
on who can convey a complete and perfect title. U. S. v. Hyde (1904), 132 Fed.
Rep. 545.
III.
SURVEYS.
The surveys herein provided for shall be made under the supervision
of the Director of the Geological Survey, by such person or persons as
may be employed by or under him for that purpose, and shall be exe-
cuted under instructions issued by the Secretary of the Interior; and if
subdivision surveys shall be found to be necessary, they shall be exe-
cuted under the rectangular system, as now provided by law. The
plats and field notes prepared shall be approved and certified to by the
Director of the Geological Survey, and two copies of the field notes shall
be returned, one for the files in the United States Surveyor General's
office of the state in which the reserve is situated, the other in the
general land office; and twenty photo-lithographic copies of the plats
shall be returned, one copy for the files in the United States Surveyor
General's office of the state in which the reserve is situated; the original
plat and the other copies shall be filed in the general land office, and
shall have the facsimile signature of the Director of the Survey at-
tached. (30 Stat. L. 34.)
Such surveys, field notes and plats thus returned shall have the same
legal force and effect as heretofore given the surveys, field notes and
plats returned through the Surveyor General; and such surveys, which
include subdivision surveys under the rectangular system, shall be ap-
-17
258
APPENDIX
proved by the Commissioner of the General Land Office as in other
cases, and properly certified copies thereof shall be filed in the re-
spective land offices of the districts in which such lands are situated,
as in other cases. All laws inconsistent with the provisions hereof are
hereby declared inoperative as respects such survey: Provided, how-
ever, That a copy of every topographic map and other maps showing the
distribution of the forests, together with such field notes as may be
taken relating thereto, shall be certified thereto by the Director of the
Survy and filed in the general land office. (30 Stat. L. 34.)
All public lands heretofore designated and reserved by the Presi-
dent of the United States under the provisions of the act approved
March third, eighteen hundred and ninety-one, the orders for which
shall be and remain in full force and effect, unsuspended and unre-
voked, and all public lands that may hereafter be set aside and re-
served as public forest reserves under said act, shall be as far as prac-
ticable controlled and administered in accordance with the following
provisions:
No public forest reservation shall be established, except to improve
and protect the forest within the reservation, or for the purpose of se-
curing favorable conditions of water flows, and to furnish a continuous
supply of timber for the use and necessities of citizens of the United
States; but it is not the purpose or intent of these provisions, or of the
act providing for such reservations, to authorize the inclusion therein
of lands more valuable for the mineral therein, or for agricultural pur-
poses, than for forest purposes. (30 Stat. L. 34.)
IV.
PROTECTION AGAINST FIRES.
The Secretary of the Interior shall make provisions for the protec-
tion against destruction by fire and depredations upon the public forests
and forest reservations which may have been set aside or which may
be hereafter set aside under the said act of March third, eighteen hun-
dred and ninety-one, and which may be continued; and he may make
such rules and regulations and establish such service as will insure the
objects of such reservations, namely, to regulate their occupancy and
use and to preserve the forests thereon from destruction; and any viola-
tion of the provisions of this act or such rules and regulation shall be
punished as is provided for in the act of June fourth, eighteen hundred
and eighty-eight, amending section fifty-three hundred and eighty-eight
of the Revised Statutes of the United States. (30 Stat. L. 35.)
Congress has the right to place the control of the occupancy and use of
forest reservations in the hands of the secretary of the interior for their preser-
vation, and a criminal prosecution will lie to punish a person who grazes sheep
in a forest reservation in violation of the regulations promulgated by the secre-
tary of the interior pursuant to this section. (1898), 22 Op. Atty.-Gen. 266;
Dastervignes v. U. S. (C. C. A. 1903), 122 Fed. Rep. 30; Dent v. U. S. (Ariz.
1904), 76 Pac. Rep. 455, overruling (Ariz. 1903), 71 Pac. Rep. 920, and follow-
ing Dastervignes v. U. S. (C. C. A. 1903), 122 Fed. Rep. 30.
But see U. S. v. Blassingame, 116 Fed. 654.
APPENDIX
259
4
V.
CERTAIN TIMBER MAY BE SOLD.
For the purpose of preserving the living and growing timber and
promoting the younger growth on forest reservations, the Secretary of
the Interior, under such rules and regulations as he shall prescribe,
may cause to be designated and appraised so much of the dead, ma-
tured, or large growth of trees found upon such forest reservations as
may be compatible with the utilization of the forests thereon, and may
sell the same for not less than the appraised value in such quantities
to each purchaser as he shall prescribe, to be used in the state or terri-
tory in which such timber reservation may be situated, respectively,
but not for export therefrom. Before such sale shall take place notice
tnereof shall be given by the Commissioner of the General Land Office,
for not less than thirty days, by publication in one or more newspapers
of general circulation, as he may deem necessary, in the state or terri-
tory where such reservation exists: Provided, however, That in cases
of unusual emergency the Secretary of the Interior may, in the exer-
cise of his discretion, permit the purchase of timber and cord wood in
advance of advertisement of sale at rates of value approved by him and
subject to payment of the full amount of the highest bid resulting from
the usual advertisement of sale: Provided further, That he may, in his
discretion, sell without advertisement, in quantities to suit applicants,
at a fair appraisement, timber and cord wood not exceeding in value one
hundred dollars staumpage: And provided further, That in cases in
which advertisement is had and no satisfactory bid is received, or in
cases in which the bidder fails to complete the purchase, the timber
may be sold, without further advertisement, at private sale, in the dis-
cretion of the Secretary of the Interior, at not less than the appraised
valuation, in quantities to suit purchasers: And provided further, That
the provisions of this act shall not apply to existing forest reservations
in the State of California, or to reservations that may be hereafter
created within said state; payments for such timber to be made to the
receiver of the local land office of the district wherein said timber may
be sold, under such rules and regulations as the Secretary of the In-
terior may prescribe; and the moneys arising therefrom shall be ac-
counted for by the receiver of such land office to the Commissioner of
the General Land Office, in a separate account, and shall be covered
into the treasury. Such timber, before being sold, shall be marked and
designated, and shall be cut and removed under the supervision of
some person appointed for that purpose by the Secretary of the In-
terior, not interested in the purchase or removal of such timber nor in
the employment of the purchaser thereof. Such supervisor shall make
report in writing to the Commissioner of the General Land Office and
to the receiver in the land office in which such reservation shall be
located of his doings in the premises. (30 Stat. L. 35; 31 Stat. L. 661.)
These provisions are given as amended by the act of June 6, 1900, chapter
804, 31 Stat. L. 661, which struck out the following provision which appeared
:
260
APPENDIX
in the section as originally enacted : "Before such sale shall take place, notice
thereof shall be given by the Commissioner of the Genral Land Office, for not
less than sixty days, by publication in a newspaper of general circulation, pub-
lished in the county in which the timber is situated, if any is therein pub-
lished, and if not, then in a newspaper of general circulation published nearest
to the reservation, and also in a newspaper of general circulation published at
the capital of the state or territory where such reservation exists." In lieu of
this was inserted the provision beginning with the words, "Before such sale shall
take place," etc., and ending with the words, "or to reservations that may be
hereafter created within said state," as given in the text.
The Secretary of the Interior may permit, under regulations to be
prescribed by him, the use of timber and stone found upon such reser-
vations, free of charge, by bona fide settlers, miners, residents, and
prospectors for minerals, for firewood, fencing, building, mining, pros-
pecting, and other domestic purposes, as may be needed by such per-
sons for such purposes; such timber to be used within the state or
territory, respectively, where such reservations may be located. (30
Stat. L. 35.)
VI.
RIGHTS OF SETTLERS.
Nothing herein shall be construed as prohibiting the egress or in-
gress of actual settlers residing within the boundaries of such reserva-
tions, or from crossing the same to and from their property or homes;
and such wagon roads and other improvements may be constructed
thereon as may be necessary to reach their homes and to utilize their
property under such rules and regulations as may be prescribed by the
Secretary of the Interior. Nor shall anything herein prohibit any per-
son from entering upon such forest reservations for all proper and law-
ful purposes, including that of prospecting, locating and developing the
mineral resources thereof: Provided, That such persons comply with
the rules and regulations covering such forest reservations. (30 Stat.
L. 36.)
That in cases in which a tract covered by an unperfected bona fide
claim or by a patent is included within the limits of a public forest
reservation, the settler or owner thereof may, if he desires to do so, re-
linquish the tract to the government, and may select in lieu thereof a
tract of vacant land open to settlement not exceeding in area the tract
covered by his claim or patent; and no charge shall be made in such
cases for making the entry of record or issuing the patent to cover the
tract selected: Provided further, That in cases of unperfected claims
the requirements of the laws respecting settlement, residence, improve-
ments, and so forth, are complied with on the new claims, credit being
allowed for the time spent on the relinquished claims. (30 Stat. L. 36.)
Lands occupied by prospectors for petroleum oil, who are prosecuting the
work of exploration with due diligence and who subsequently discover oil in pay-
ing quantities as the result of their work thereon, is not vacant and open to
settlement within the meaning of the above act at the time of its selection in
lieu of relinquished forest reserved lands, though there had been no discovery of
APPENDIX
261
oil prior to such selection and no mineral location appeared on the records of
the land department at such time. Cosmos Exploration Co. v. Gray Eagle Oil
Co. (C. C. A. 1901), 112 Fed. Rep. 4, affirming (1900) 104 Fed. Rep. 20.
"The party making an exchange of land under the Forest Reserve Act, like
any other entryman upon the public lands of the United States, only secures a
vested interest in the lands which he has selected in exchange for or in lieu of
the lands relinquished by him, when he lawfully entrs upon th same, and in all
rspects complies with the requirements of the law under which he claims his
rights." Cosmos Explofration Co. v. Gray, Eagle Oil Co. (C. C. A. 1901), 112
Fed. Rep. 4, affirming (1900) 104 Fed. Rep. 20.
"A person making selections of land under the provisions of the act of Con-
gress of June 4, 1897, must relinquish to the government the tract in the forest
reservation, and submit satisfactory evidence respecting the title thereto, and
must make selection of the tract desired in exchange for the tract of land re-
linquished, and accompany his selection by proof showing the selected land to
be of the condition and character making it subject to selection." Cosmos Ex-
ploration Co. v. Gray Eagle Oil Co. (C. C. A. 1901), 112 Fed. Rep. 4, affirming
(1900) 104 Fed. Rep. 20.
The settlers residing within the exterior boundaries of such forest
reservations, or in the vicinity thereof, may maintain schools and
churches within such reservation, and for that purpose may occupy any
part of the said forest reservation, not exceeding two acres for each
school house and one acre for a church. (30 Stat. L. 36.)
VIII.
That where a claimant under the settlement laws of the United
States within the limits of a forest reserve created under the provis-
ions of section twenty-four of the act of March third, eighteen hundred
and ninety-one, entitled "An act to repeal timber-culture laws, and for
other purposes," has failed, by reason of ignorance of the proclamation
of the President, or of the filling of the township plat of survey, or from
unavoidable accident or conditions, or from misunderstanding of the
law, to place his claim of record within the statutory period, such claim-
ant may be permitted within a period of two years from and after the
passage of this act to file his claim in the proper United States land
office and receive patent therefor upon showing due compliance with
the law under which the claim is asserted, notwithstanding the reserva-
tion, provided that he made bona fide settlement upon the land claimed
prior to the date of the proclamation establishing the forest reserve and
maintained continuous residence thereon for the requisite period. The
benefits of this act shall extend to bona fide claims already received by
the local land offices after the statutory period, and for which patents
have not issued, provided the settlers have complied with the provisions
of the law except as to the time of filing their claims. ( 32 Stat. L. 106.)
262
APPENDIX
IX.
PROHIBITING THE SELECTION OF TIMBER LANDS IN LIEU OF LANDS IN
FOREST RESERVES.
That the acts of June fourth, eighteen hundred and ninety-seven,
June sixth, nineteen hundred, and March third, nineteen hundred and
one, are hereby repealed so far as they provide for the relinquishment,
selection, and patenting of lands in lieu of tracts covered by an unper-
fected bona fide claim or patent within a forest reserve, but the validity
of contracts entered into by the Secretary of the Interior prior to the
passage of this act shall not be impaired: Provided, That selections
heretofore made in lieu of lands relinquished to the United States may
be perfected and patents issue therefor the same as though this act had
not been passed, and if for any reason not the fault of the party making
the same any pending selection is held invalid another selection for a
like quantity of land may be made in lieu thereof. (33 St. L. p. 1264.)
X.
JURISDICTION OF STATE.
The jurisdiction, both civil and criminal, over persons within such
reservations shall not be affected or changed by reason of the existence
of such reservations, except so far as the punishment of offenses against
the United States therein is concerned; the intent and meaning of this
provision being that the state wherein any such reservation is situated
shall not, by reason of the establishment thereof, lose its jurisdiction,
nor the inhabitants thereof their rights and privileges as citizens, or be
apsolved from their duties as citizens of the state. (30 Stat. L. 36.)
All waters on such reservations may be used for domestic, mining,
milling, or irrigation purposes, under the laws of the state wherein
such forest reservations are situated, or under the laws of the United
States and the rules and regulations established thereunder. (30 Stat.
L. 36.)
XI.
RESTORATION TO PUBLIC DOMAIN.
Upon the recommendation of the Secretary of the Interior, with the
approval of the President, after sixty days' notice thereof, published in
two papers of general circulation in the state or territory wherein any
forest reservation is situated, and near the said reservation, any public
lands embraced within the limits of any forest reservation which, after
due examination by personal inspection of a competent person ap-
pointed for that purpose by the Secretary of the Interior, shall be found
better adapted for mining or for agricultural purposes than for forest
usage, may be restored to the public domain. And any mineral lands
in any forest reservation which have been or which may be shown to
be such, and subject to entry under the existing mining laws of the
1
APPENDIX
263
.
United States and the rules and regulations applying thereto, shall con-
tinue to be subject to such location and entry, notwithstanding any pro-
visions herein contained. (30 Stat. L. 36.)
The President is hereby authorized at any time to modify any execu-
tive order that has been or may hereafter be made establishing any
forest reserve, and by such modification may reduce the area or change
the boundary lines of such reserve, or may vacate altogether any order
creating such reserve. * * * (30 Stat. L. 36.)
The above provisions in thirteen paragraphs are from the Sundry Civil Ap-
propriation Act of June 4, 1897, chapter 2.
That the Secretary of Agriculture may, in his discretion, and he is
hereby authorized, upon application or otherwise, to examine and ascer-
tain as to the location and extent of lands within permanent or tempor-
ary forest reserves, except the following counties in the State of Cali-
fornia: Inyo, Tulare, Kern, San Luis Obispo, Santa Barbara, Ventura,
Los Angeles, San Bernardino, Orange, Riverside, and San Diego; which
are chiefly valuable for agriculture, and which, in his opinion, may be
occupied for agricultural purposes without injury to the forest reserves,
and which are not needed for public purposes, and may list and describe
the same by metes and bounds, or otherwise, and file the lists and de-
scriptions with the Secretary of the Interior, with the request that the
said lands be opened to entry in accordance with the provisions of the
homestead laws and this act. (34 Stat. L. 233.)
Upon the filing of any such list or description the Secretary of the
Interior shall declare the said lands open to homestead settlement and
entry in tracts not exceeding one hundred and sixty acres in area and
not exceeding one mile in length, at the expiration of sixty days from
the filing of the list in the land office of the district within which the
lands are located, during which period the said list or description shall
be prominently posted in the land office and advertised for a period of
not less than four weeks in one newspaper of general circulation pub-
lished in the county in which the lands are situated: Provided, That
any settler actually occupying and in good faith claiming such lands
for agricultural purposes prior to January first, nineteen hundred and
six, and who shall not have abandoned the same, and the person, if
qualified to make a homestead entry, upon whose application the land
proposed to be entered was examined and listed, shall, each in the order
named, have a preference right of settlement and entry: Provided
further, That any entryman desiring to obtain patent to any lands de-
scribed by metes and bounds entered by him under the provisions of
this act shall, within five years of the date of making settlement, file,
with the required proof of residence and cultivation, a plat and field
notes of the lands entered, made by or under the direction of the United
States Surveyor General, showing accurately the boundaries of such
lands, which shall be distinctly marked by monuments on the ground,
and by posting a copy of such plat, together with a notice of the time
and place of offering proof, in a conspicuous place on the land em-
264
APPENDIX
braced in such plat during the period prescribed by law for the publi-
cation of his notice of intention to offer proof, and that a copy of such
plat and field notes shall also be kept posted in the office of the Register
of the Land Office for the land district in which such lands are situated
for a like period; and further, that any agricultural lands within forest
reserves may, at the discretion of the Secretary, be surveyed by metes
and bounds, and that no lands entered under the provisions of this act
shall be patented under the commutation provisions of the homestead
laws, but settlers, upon final proof, shall have credit for the period of
their actual residence upon the lands covered by their entries. (34
Stat. L. 233.)
SEC. 2. That settlers upon lands chiefly valuable for agriculture
within forest reserves on January first, nineteen hundred and six, who
have already exercised or lost their homestead privilege, but are other-
wise competent to enter lands under the homestead laws, are hereby
granted an additional homestead right of entry for the purposes of this
act only, and such settlers must otherwise comply with the provisions
of the homestead law, and in addition thereto must pay two dollars and
fly cents per acre for lands entered under the provisions of this sec-
tion, such payment to be made at the time of making final proof on such
lands. (34 Stat. L. 234.)
SEC. 5. That nothing herein contained shall be held to authorize
future settlement on any lands within forest reserves until such lands
have been opened to settlement as provided in this act, or to in any way
impair the legal rights of any bona fide homestead settler who has or
shall establish residence upon public lands prior to their inclusion
within a forest reserve. (34 Stat. L. 234.)
NOTE.-Sections 3 and 4 relate only to the Black Hills Forest Reserve.
XII.
THE SECRETARY OF THE INTERIOR MAY RENT OR LEASE CERTAIN PORTIONS
OF FOREST RESERVE.
SEC. 1. That the Secretary of the Interior be, and hereby is, au-
tnorized, under such rules and regulations as he from time to time may
make, to rent or lease to responsible persons or corporations applying
therefor suitable spaces and portions of ground near, or adjacent to,
mineral, medicinal, or other springs, within any forest reserves estab-
lished within the United States, or hereafter to be established, and
where the public is accustomed or desires to frequent, or health or
plasure, for the purpose of erecting upon such leased ground sani-
tariums or hotels, to be opened for the reception of the public. And he
is urther authorized to make such regulations, for the convenience of
people visiting such springs, with reference to spaces and loactions, for
the erection of tents or temporary dwelling houses to be eracted or con-
structed for the use of those visiting such springs for health or pleas-
And the Secretary of the Interior is authorized to prescribe the
ure.
APPENDIX
265
terms and duration and the compensation to be paid for the privileges
granted under the provisions of this act. (30 Stat. L. 908.)
SEC. 2. That all funds arising from the privileges granted hereunder
shall be covered into the treasury of the Uni.ed States as a special fund,
to be expended in the care of public forest reservations. (30 Stat. L.
908).
SEC. 1.
* That all selections of land made in lieu of a tract
covered by an unperfected bona fide claim, or by a patent, included
within a public forest reservation, as provided in the act of June fourth,
eighteen hundred and ninety-seven, entitled "An act making appropria-
tions for sundry civil expenses of the government for the fiscal year
ending June thirtieth, eighteen hundred and ninety-eight, and for other
purposes," shall be confined to vacant surveyed nonmineral public lands
which are subject to homestead entry not exceeding in area the tract
covered by such claim or patent: Provided, That nothing herein con-
tained shall be construed to effect the rights of those who, previous to
October first, nineteen hundred, shall have delivered to the United States
deeds for lands within forest reservations and make application for spe-
cific tracts of lands in lieu thereof.
(31 Stat. L. 614.)
* *
This is from the Sundry Civil Appropriation Act of June 6, 1900, chapter
791. The provision is repeated in the act of March 3, 1901, chapter 831, §1,
31 Stat. L. 1037.
XIII.
PROTECTION AND ADMINISTRATION OF FOREST RESERVES.
*
SEC. 1. That forest agents, superintendent, and supervisors, and
other persons employed under this appropriation shall be selected by the
Secretary of the Interior wholly with reference to their fitness and
without regard for their political affiliations, and allowed per diem,
subject to such rules and regulations as he may prescribe, in lieu of
subsistence, at a rate not exceeding three dollars per day each, and
actual necessary expenses for transportation, including necessary sleep-
ing car fares,
dollars: Provided further, That forest agents,
superintendents, supervisors, and all other persons employed in connec-
tion with the administration and protection of forest reservations shall,
in all ways that are practicable, aid in the enforcement of the laws of
the state or territory in which said forest reservation is situated in re-
lation to the protection of fish and game.
(32 Stat. L. 452.)
*
* *
This is from the Sundry Civil Appropriation Act of June 28, 1902, chapter
1301. Similar provisions are contained in the acts of March 3, 1899, chapter
424, 30 Stat. L. 1905; Feb. 9, 1900, chapter 14, 31 Stat. L. 21; June 6, 1900,
chapter 791, 31 Stat. L. 614; March 3, 1901, chapter 853, 31 Stat. L. 1037;
March 3, 1901, chapter 853, 31 Stat. L. 1158.
266
APPENDIX
XIV.
TRANSFER OF FOREST RESERVES FROM THE DEPARTMENT OF THE INTERIOR
TO THE DEPARTMENT OF AGRICULTURE.
SEC. 1. That the Secretary of the Department of Agriculture shall,
from and after the passage of this act execute and cause to be executed
all laws affecting public lands heretofore or hereafter reserved under
the provisions of section twenty-four of the act entitled "An act to re-
peal the timber-culture laws, and for other purposes," approved March
third, eighteen hundred and ninety-one, and acts supplemental to and
amendatory thereof, after such lands have been so reserved, excepting
such laws as affect the surveying, prospecting, locating, appropriating,
entering, relinquishing, reconveying, certifying, or patenting of any such
lands.
SEC. 2. That pulp wood or wood pulp manufactured from timver in
the district of Alaska may be exported therefrom.
SEC. 3. That forest supervisors and rangers shall be selected, when
practicable, from qualified citizens of the states or territories in which
the said reserves, respectively, are situated.
SEC. 4. That rights of way for the construction and maintenance of
dams, reservoirs, water plants, ditches, flumes, pipes, tunnels, and
canals, within and across the forest reserves of the United States are
hereby granted to citizens and corporations of the United States for
municipal or mining purposes, and for the purposes of the milling and
reduction of ores, during the period of their beneficial use, under such
rules and regulations as may be prescribed by the Secretary of the
Interior, and subject to the laws of the state or territory in which said
reserves are respectively situated.
SEC. 5. That all moneys received from the sale of any products or
the use of any land or resources of said forest reserves shall be covered
into the treasury of the United States and for a period of five years
from the passage of this act shall constitute a special fund available,
until expended, as the Secretary of Agriculture may direct, for the pro-
tection, administration, improvement, and extension of federal forest
reserves. (33 Stat. L., p. 628.)
NOTE.-The Department of Agriculture and the Department of the Interior
have concurred in the opinion that the above law divides the jurisdiction over
forest reserves as follows: All grants of rights or privileges within forest re-
serves, which do not affect the title to the land or cloud the fee, are under the
jurisdiction of the Secretary of Agriculture. All grants which dispose of title
to or give an easement running with the land are under the jurisdiction of the
Secretary of the Interior.
XV.
RECEIPTS FROM FOREST RESERVES.
This is from the act making appropriation for the Department of Agriculture
for the year ending June 30, 1907. (34 Stat. L. 684.)
That ten per centum of all money received from each forest reserve
during any fiscal year, including the year ending June thirtieth, nine-
་
APPENDIX
267
teen hundred and six, shall be paid at the end thereof by the Secretary
of the Treasury to the state or territory in which said reserve is situ-
ated, to be expended as the state or territorial Legislature may prescribe
for the benefit of the public schools and public roads of the county or
counties in which the forest reserve is situated: Provided, That when
any forest reserve is in more than one state or territory or county, the
distributive share to each from the proceeds of said reserve shall be
proportional to its area therein: And provided further, That there
shall not be paid to any state or territory for any county an amount
equal to more than forty per centum of the total income of such county
from all other sources. (34 Stat. L. 684.)
For ascertaining the natural conditions upon and for utilizing the
national forest reserves; and the Secretary of Agriculture may, in his
discretion, permit timber and other forest products cut or removed from
the forest reserves of the United States, except the Black Hills Forest
Reserve in South Dakota, to be exported from the state, territory or
the district of Alaska, in which said reserves are respectively situated:
Provided, That the exportation of dead and insect-infested timber only
from said Black Hills Forest Reserve shall be allowed until such time
as the forester shall certify that the ravages of the destructive insects
in said reserve are practically checked, but in no case after July first,
nineteen hundred and eight; and hereafter sales of timber on forest
reserves in the State of California shall in every respect conform to the
law governing such sales in other states, as set forth in the act of June
sixth, nineteen hundred (Thirty-first Statutes at Large, page six hun-
dred and sixty-one); and hereafter all moneys received as deposits to se-
cure the purchase price on the sale of any products or the use of any
land or resources of the forest reserves shall be covered into the treas-
ury in the manner provided by section five of the act of Congress ap-
proved February first, nineteen hundred and five, entitled "An act pro-
viding for the transfer of forest reserves from the Department of the In-
terior to the Department of Agriculture," and the fund created by that
act shall be available, as the Secretary of Agriculture may direct, to
make refunds to depositors of money heretofore or hereafter deposited
by them in excess of amounts actually due to the United States; and
hereafter all moneys received as contributions toward cooperative work
in forest investigations shall be covered into the treasury and shall con-
stitute a special fund, which is hereby appropriated and made available
until expended, as the Secretary of Agriculture may direct, for the pay-
ment of the expenses of said investigations by the forest service and for
refunds to the contributors of amounts heretofore or hereafter paid in
by them in excess of their share of the cost of said investigations, for
the employment of fiscal and other agents, clerks, assistants, and other
labor required in practical forestry, in the administration of forest re-
serves, and in conducting experiments and investigations in the city of
Washington and elsewhere; and he may dispose of photographic prints
(including bromide enlargements), lantern slides, transparencies, blue-
prints, and forest maps at cost and ten per centum additional, and con-
268
APPENDIX
demned property or materials under his charge in the same manner as
provided by law for other bureaus; for collating, digesting, reporting,
illustrating, and printing the results of such experiments and investiga-
tions; and for the purchase of all necessary supplies, apparatus, office
fixtures, law books to an amount not exceeding five hundred dollars;
for freight, express, telegraph, and telephone charges, electric light and
power, fuel, gas, ice, washing towels, and traveling and other necessary
expenses, eight hundred and eighty-seven thousand one hundred and
forty dollars, of which sum not to exceed thirty-five thousand dollars
may be used for rent. And the employees of the forest service outside
of the city of Washington may, in the discretion of the Secretary of
Agriculture, without additional expense to the government, be granted
leaves of absence not to exceed fifteen days in any one year, which leave
may, in exceptional and meritorious cases where such an employee is ill,
be extended, in the discretion of the Secretary of Agriculture, not to
exceed fifteen days additional in any one year. (34 Stat. L. 684.)
(The following three sections are from the act making appropriation for the
Department of Agriculture, March 4, 1907, chapter 2907., vol. 34, U. S. Stat.-
at-Large):
General expenses, forest service: To enable the secretary of agri-
culture to experiment and to make and continue investigations and re-
port on forestry, forest reserves, which shall be known hereafter as na-
tional forests, forest fires, and lumbering; to advise the owners of wood-
lands as to the proper care of the same; to investigate and test
American timber and timber trees and their uses and methods for the
preservative treatment of timber; to seek, through investigations
and the planting of native and foreign species, suitable trees for the
treeless regions; to erect necessary buildings: Provided, That the
cost of any building erected shall not exceed one thousand dollars; to
pay all expenses necessary to protect, administer, improve, and extend
the national forest; and hereafter officials of the forest service desig-
nated by the secretary of agriculture shall, in all ways that are prac-
tricable aid in the enforcement of the laws of the states or territories
with regard to stock, for the prevention and extinguishment of forest
fires, and for the protection of fish and game. (34 Stat. L., page 1269.)
To ascertain the natural conditions upon and utilize the national
forests: and the secretary of agriculture may, in his discretion, permit
timber and other forest products cut or removed from the national
forests of the United States, except the Black Hills National forest in
South Dakota, to be exported from the state, territory, or the district of
Alaska in which said forests are respectively situated: Provided, That
the exportation of dead and insect-infected timber only from said
Black Hills National forest shall be allowed until such time as the for-
ester shall certify that the ravages of the destructive insests in said
forest are practically checked, but in no case after July first, nineteen
hundred and eight; to transport and care for fish and game supplied
to stock the national forests or the waters therein; to employ fiscal
APPENDIX
269
and other agents, clerks, assistants, and other labor required in prac-
tical forestry, in the administration of national forests in the District
of Columbia or elsewhere; and hereafter he may dispose of photo-
graphic prints (including bromide enlargements), lantern slides, trans-
parencies, blueprints, and forest maps at cost and ten per centum addi-
tional, and condemned property or material under his charge in the
same manner as provided by law for other bureaus; to collate, digest,
report, illustrate, and print the results of experiments and investiga-
tions made by the forest service; to purchase law books to an amount
not exceeding five hundred dollars, necessary supplies, apparatus, office
fixtures, and technical books and technical journals for officers of the
forest service stationed outside of Washington; and to pay freight, ex-
press, telegraph, and telephone charges, and for electric light and
power, fuel, gas, ice, washing towels, and traveling and other necessary
expenses, one million seven hundred and fifty-six thousand eight hun-
dred dollars, of which sum not to exceed forty thousand dollars may be
used for rent. (34 U. S. Stat. L., p. 1269.)
That all money received after July first, nineteen hundred and
seven, by or on account of the forest service for timber, or from any
other source of forest reservation revenue, shall be covered into the
treasury of the United States as a miscellaneous receipt and there is
hereby appropriated and made available as the secretary of agricul-
ture may direct out of any funds in the treasury not otherwise appro-
priated, so much as may be necessary to make refunds to depositors
of money heretofore or hereafter deposited by them to secure the pur-
chase price on the sale of any products or for the use of any land or
resources of the national forests in excess of amounts found actually
due from them to the United States: And provided further, That ten
per centum of all money received from each forest reserve during any
fiscal year, including the year ending June thirtieth, nineteen hundred
and six, shall be paid at the end thereof by the secretary of the
treasury to the state or territory in which said reserve is situated, to
be expended as the state or territorial legislature may prescribe for
the benefit of the public schools and public roads of the county or
counties in which the forest reserve is situated: Provided further,
That when any forest reserve is in more than one state or territory
or county the distributive share to each from the proceeds of said
reserve shall be proportional to its area therein: And provided fur-
ther, That there shall not be paid to any state or territory for any
county an amount equal to more than forty per centum of the total
income to such county from all other sources: Provided further, That
hereafter no forest reserve shall be created, nor shall any additions
be made to one heretofore created within the limits of the states of
Oregon, Washington, Idaho, Montana, Colorado, or Wyoming, except
by act of Congress. (34 U. S. Stat. L., p. 1270.)
That in expending this appropriation preference shall be given
first in favor of surveying townships occupied, in whole or in part, by
270
APPENDIX
actual settlers and of lands granted to the states by the acts approved
February twenty-second, eighteen hundred and eighty-nine, and the
acts approved July third and July tenth, eighteen hundred and ninety;
and second, to surveying under such other acts as provide for land
grants to the several states and territories, may be entitled to in lieu
of lands granted them for educational and other purposes which may
have been sold or included in some reservation or otherwise disposed
of. (34 U. S. Stat. L., p. 1333.)
INDEX.
INDEX TO APPENDIX.
(General Index—Infra.)
AGRICULTURAL COLLEGE-
Grant for......
Relating to grant.
• • •
(See note bottom page).
AGRICULTURAL DEPARTMENT See SECRETARY OF AGRI-
CULTURE.
AGRICULTURAL LANDS-
Not to be included in Forest Reserves.
May be restored from Forest Reserves.
CAPITAL BUILDINGS
Grant of lands for public buildings.
• •
Additional grant of lands for public buildings.
•
CAREY ACT—See DESERT LANDS.
CHARITABLE, ETC., INSTITUTIONS-
Grant of land for.
CHURCHES-
In Forest Reserves, sites for...
DESERT LANDS-
Grant of to State when.
Map of must be filed..
•
Sec.
Page
16
236
IX
249
255
III
258
XI
262
12 13
234
17
236
17
236
VII
261
ΧΙ
253
XI
254
3
255
State to have ten years in which to reclaim.
EDUCATIONAL INSTITUTIONS
(See specific names)
Grant of land for.
17
236
EMPLOYES, FORESTRY SERVICE—
Civil service as to.
Selected from States where Reserves exist.
To enforce State game and fire laws.
ENABLING ACT—
•
•
•
XIII
265
•
XIV
266
268
State to guarantee religious liberty..
State to disclaim right to certain lands.
State, sections 16 and 36 granted to.
State, lands granted to, disposed of only at public sale.
State, grant for public buildings to.
State, five per cent. of proceeds of public lands to go to
school fund of.
Grant of land to University.
Grant to State for Penitentiary.
Grant for Agricultural College.
Grant for Scientific School.
Grant for Normal schools.
• •
• •
·
•
•
4
232
4
232
10
233
•
11
12
12
234
234
13
234
•
14
235
15
236
16
236
17
236
17
236
Grant for public buildings
17
236
• •
Grant for educational, penal and reformatory institutions.
Mineral lands not included in grants.
17
236
18
237
Lands granted, selected under direction of Secretary of
Interior
19
237
-18
274
INDEX TO APPENDIX
FIRES
Sec.
Page
12
258
268
Secretary of Interior to protect forest against.
State laws relating to, enforcement of.
FISH-See GAME.
FOREST RESERVES-See NATIONAL FORESTS.
GAME-
State law relating to in Forest Reserves..
GOVERNOR—
• •
:
May select lands for survey.
May advance money for surveys.
GRANTED LANDS-See GRANTS, LANDS, and LANDS GRANTED.
GRANTS-
268
IV
244
IV
245
Of lands in reservations not to attach until opening of
reservation
Five per centum of sale of public, granted to State
Fifty sections for public buildings at Capital..
Seventy-two sections to University.
Uses of to be applied to no other purpose than one named.
Sections 16 and 36 reserved for future State.
17
236
230
•
Lieu land selections by State..
230
•
To
University. . .
4
232
10
233
Sections 16 and 36 granted to State.
10
233
• •
13
234
• • •
12
234
•
*
14
235
15
236
16
236
I'V
249
17
236
For Normal schools.
17
236
· •
17
236
17
236
•
18
237
For Penitentiary..
For Agricultural College.
·
Relative to grant to Agricultural College.
For Scientific schools..
Additional, for public buildings.
For charitable, educational, penal, etc.
Mineral lands exempt from..
HEALTH RESORTS-
In Forest Reserves.
HOMESTEADS-See SETTLERS.
INDIAN RESERVATIONS-
Lands in, disclaimed by State.
•
•
XIV
266
4
232
For certain lands within, State may select others
State may select from surplus lands thereof.
State may take lands in lieu of lands therein.
U. S. Attorney General to appear for Indians in action by
2275
238
• • •
VII
247
• •
10
233
State against..
VI
246
•
4
232
10
233
State to disclaim rights to lands within.
Lands within not subject to grant until extinguishment
of reservation.
INDIANS-
•
Lands of, disclaimed by State.
•
Taxation of patented lands belonging to..
•
INTERIOR DEPARTMENT--See SECRETARY OF INTERIOR.
IRRIGATION-
Under Carey act, see DESERT LANDS.
Waters in Forest Reserves may be used for.
JURISDICTION—
Of State over persons in Forest Reserves.
4
232
4
232
Σ
262
V
262
INDEX TO APPENDIX
275
LANDS-
Five per centum of sale of public lands to go to State.
Of non-residents not to be taxed higher than residents.
Of Indians severing tribal relations may be taxed.
Granted, to be disposed of only at public auction.
Granted, may be leased...
•
Granted, must not be sold for less than ten dollars per acre
Granted, not subject to entry as public lands.
Restoration of, from Forest Reserves.
LANDS, GRANTED—
Settlers on prior to survey.
• •
•
·
In military or Indian reservation State may wait, or select
· others
•
•
·
•
•
Sec.
Page.
13
234
4
232
4
232
11
234
11
234
11
234
11
234
XI
263
To be selected from surveyed lands.
For, in fractional townships, State may select others in lieu 2276
Double amount of lieu lands when.
To be selected within limits of State
Preference. right of. State to select.
Governor may ask for surveys...
2275
238
.... 2275
238
: 2276
240
241
*2276
241
•
2379
242.
III.
244
IV
244
→
VII
247
• • •
•
•
• •
•
VIII
249
Title passes on approval by commissioner general land
office
2449
253
•
•
State may select in reservations after allotments
Lieu selections approved.....
• •
LEGISLATURE-See also STATES.
Territorial, to select University lands.
To provide for disposal of grants.
LIEU LAND-
County Commissioners in Territory to select.
State may select for mineral lands..
State to select.
•
232
17
236
230
•
• •
18
237
14
*
233
To be selected under direction of Secretary. of Interior....
How selected for fractional townships.
State may select double amount when.
Double amount allowed in certain cases.
19
237
2276
241
•
..
2276
241
•
2276
241
Selections ratified when approved by Secretary of Interior.
Right to, by settlers in Forest Reserves repealed...
VIII
249
IX
262
MILL SITES-
In Forest Reserves.
MINERAL LANDS—
Not included in Grants.
• •
State may select lands in lieu.
Lands, how selected..
•
Not included in Forest Reserve.
May be restored from Forest Reserves.
•
•
MINES-
Prospecting for, permitted in Forest Reserves
Timber in Forest Reserves may be used for.
Water for, in Forest Reserve.
NATIONAL FORESTS-See also TIMBER
President may establish..
President may amend proclamation..
·
Suspended in Washington until March 1, 1898.
Survey of
Purpose of.
Mineral lands not to be included in.
Agricultural lands not to be included in
•
·
•
XIV
266
18
237
18
237
19
237
IV
258
XI.
262
VI
260
V
260
•
X
262
24
255
II
256
H
257
III
257
· III
258
III
258
III
258
276
INDEX TO APPENDIX
NATIONAL, FORESTS-Continued.
Sec.
Page
To be protected against fires.
Iy
258
Timber in, may be sold....
V
259
Timber and stone in may be used by actual settlers.
Settlers in, ingress and egress of...
V
260
VI
260
Prospecting in, permitted..
VI
260
Settlers, claims in, may be abandoned and land selected
in lieu
VI.
260
Settlers in, must file claims, whẹn.
VIII
261
Schools may be established in..
VII
261
Jurisdiction of State over persons in.
X
262
•
Lands in, may be restored to public domain
President may change boundaries of.
Additional homesteads to settlers in..
Portions may be rented or leased..
XI
262
•
ΧΙ
263
XII
264
XII
264
Officers and agents to be under civil service.
Transfer of, to Department of Agriculture:
Employes in, to be selected from States including reserves. XIV
Franchises in
XIII
265
•
•
XIV
266
•
•
266
XIV
266
Funds from, disposition of.
XV 266-267
• •
XV 267-268
Proceeds from, disposition of:
XV
269
XV
269
Timber may be cut and removed from.
Created only by authority of Congress.
NORMAL SCHOOLS-
Grant of land for.
PENAL INSTITUTIONS-
Grant of land for...
PENITENTIARY—
Grant of land for..
PERMANENT SCHOOL FUNDS-
Proceeds of land grants go to...
Five per cent. of sales of public lands.
•
How invested
•
PREFERENCE RIGHT
State shall have, for 60 days after survey to select lands..
PRESIDENT-
17
236
17
236
15
236
11
234
13
234
14
235
III
244
May establish National Forest.
May amend proclamation..
24
255
II
256
May change boundary of Forest Reserve.
To approve restoration of lands to public domain
PUBLIC LANDS-
XI
263
•
XI
262
• •
Grants to State from
GRANTED.
See GRANTS and LANDS,
A
Governor may require survey of..
State to have a preference right to select from, after survey IV
IV
244
244
RANGERS-See EMPLOYES, FORESTRY SERVICE.
RECLAMATION—See DESERT LANDS.
REFORMATORY INSTITUTION-
Grant of land for.
17
236
•
RESERVATIONS-
Indian-See INDIAN RESERVATIONS.
Forest-See NATIONAL FORESTS.
RIGHTS-OF-WAY-
In Forest Reserve...
:
XIV
266
INDEX TO APPENDIX
277
ROADS-
Proceeds of Forest Reserves to be applied to..... . .
SCHOOL LANDS- See also GRANTS, and LANDS, GRANTED
Sections 16 and 36 granted.
Lieu selections for.
•
In reservations, grants of not to attach until opening of...
SCHOOLS——
Sec.
Page
XV 267-269
14
233
14
233
14
233
Grants for-See GRANTS.
Receipts from Forest Reserve to.
XV 266-269
•
Funds of, permanent, how to be invested.
14
235
Public, to be established.
4.
232
Not to be sectarian.
4-14
232-235
Sites for in Forest Reserves.
VII
261
•
SCIENTIFIC SCHOOL-
Grant of land for...
17
236
SECRETARY OF AGRICULTURE—
To examine lands in Forest Reserves with view of restora-
tion
XI
263
Transfer to, of Forest Reserves from Secretary of Interior.
To direct Forest Reserve fund.
XI
266
XV
267
ditto
XIV
266
May permit removal of timber, etc..
XV
268
ditto
XV.
267
XV
268
•
To investigate forestry.
SECRETARY OF INTERIOR-
To direct selection of lands granted to State.
To regulate reservations of Desert Lands.
19
237
XI
254
•
To protect forests against fires.
IV
258
May sell timber in National Forests..
V
259
•
May let settlers use timber and stone.
V
260
Lands in Forest Reserves may be restored to public do-
main by
XI
262
SETTLERS-
On sections 16 and 36.......
2275
238
On granted lands prior to survey, State may select others.. 2275
In Forest Reserves, may use timber and stone.
238
V
260
Shall have ingress and egress in Forest Reserves.
May abandon claim in Forest Reserve and select others in
lieu
VI
260
VI
260
In Forest Reserve, must file claims when.
VIII
261
Right to lieu claims repealed...
IX
262
Homestead entries of, in restored lands.
In Forest Reserves, perfecting claims.
XI
263
•
XI
263
• •
In Forest Reserves, additional homestead to.
Lieu selections, how made..
XI
264
XII
265
STATE-
To disclaim unappropriated lands.
Jurisdiction of, in Forest Reserves.
Proceeds of Forest Reserves to go to.
Rights to have surveys.....
•
•
Forest Reserves not to be created in, except by Congress.
Laws of, relating to fires to be observed.
Games laws of, in Forest Reserves..
4
232
X
262
XV 267-269
270
269
268
268
278.
INDEX TO APPENDIX
Sec.
Page
IV
244
J
IV
245
•
IV
245
V
245
V
246
III
257
SUPERVISORS-See EMPLOYES, FORESTRY SERVICE.
SURVEYS-
State may request..
State may advance money for.
• ·
• •
Appropriations to re-emburse State.
Rate of compensation for....
Rate of extra compensation for, in Washington
Of National Forests.
TAXATION——
•
•
Lands of non-residents not to be taxed higher than resi-
dents
Indian lands patented may be taxed.
TIMBER—
To be conserved..
To be protected against fire.
May be sold...
•
Growth of younger, to be encouraged.
·
Sales of, must be advertised.....
Manner of sale and disposition of funds.
*
Timber and stone in Forest Reserves may be used by ac-
tual settlers
Removal of, from Forest Reserves.
ditto
ditto
TITLE-
To granted lands, vests when.
4
232
4
232
III
258
IV
258
259
V
259
V
259
V
259
V
*260
XIV
266
•
XV.
267
XV 268-269
2449
253
UNIVERSITY—
Grant to, in Territory.
Seventy-two sections in Enabling Act.
•
Lands of, not to be sold for less than ten dollars per acre.
Grant to, in Enabling Act....
Additional grant generally.
WATER-
Health resorts in Forest Reserve.
For irrigation and mining..
•
• ·
Use of, in Forest Reserves
Supply of, to be conserved.
A
232
14
·
235
14
235
14.
235
17
236
XIV
266
XIV
266
X
262
·
III
258
ABERDEEN-
GENERAL INDEX.
Survey, appraisement and sale of tide lands in
front of
ABSTRACT BOOKS
Commissioner shall cause to be made-contents...
ACCRETIONS-
Art.
Sec. Page
207-208
17
Belong to State.
Manner of sale.
•
•
78
65
78
65
Change of form of government, not to affect....... 27
1
14
ACTIONS-
AGENT-
Appointment of, to prosecute claims against United
States
AGRICULTURAL COLLEGE AND SCHOOL OF SCIENCE
Commisisoner shall report to regents of.
State treasurer shall report to regents of.
Duty of regents in respect to lands of.
Erection of chemistry building for.
ALASKA-YUKON-PACIFIC EXPOSITION—
· •
169-70
•
1233
171
172
ខ
173
174
Sale of shore lands on Lakes Washington and Union
-proceeds to constitute fund for...
AMERICAN LAKE-
Rights-of-way granted over State lands at.
APPEALS
May be taken from appraisement of first class tide
lands-procedure
Lessees may take from appraisement of improvements
May be taken from decisions of board of state land
commissioners to superior court..
•
•
• •
195
201
67
87
6999
57
J
147
98
148-50
99-100
151
101
152
101
153.
101
had
:
155-7
102-3
Notice of appeal-bond-transcript.
Superior court shall try case de novo..
May be taken to supreme court by persons aggrieved.
Judgment shall be certified to board-effect.
Preference right withdrawn where no trial
within two years-notice.
•
APPLICATION-(See SALES, LEASES).
+
• •
For sale of school and granted lands shall be in
writing
D
APPRAISEMENT-(See SALES, LEASES).
May be made by board of state land commissioners.
Of school and granted lands shall be made, when..
Lands shall not be sold more than 90 days after.
Under former laws annulled...
Improvements shall be appraised at sum they add to
value of land for selling purposes.
Manner of appraising improvements.
•
30
30
21
24
•
30
•
*30
30
30
31
32
32
33
22833
280
GENERAL INDEX
APPRAISEMENT-Continued.
Art.
Sec.
Page
Materials shall not be gold for less than appraised
value
33
32
Waste and damage to be deducted from value of im-
provements
33
32
•
Commissioner shall make certificate of.
36
35
County auditor shall post copy of.
Applicant shall be notified-protest..
36
35
36
35
Harbor line commission shall make, of tide and shore
lands of first class-improvements...
61
53
Appeal may be taken from appraisement of first class
tide lands-procedure
67
57
Tide and shore lands of first class shall not be sold
for less than appraised value...
75
63
Of tide and shore lands shall be made by harbor line
commission, when
71
62
ARID LAND COMMISSIONER-
Act creating office of, repealed...
284
168
ARID LANDS-(See notes to §§238 and 261).
Acceptance of Carey Act......
261
150,
Commissioner may receive proposals to reclaim and
irrigate
238
136
Proposals to reclaim.
262
156
Commissioner may enter into contracts for reclama-
tion
242
138
•
Commissioner to enter into contract for irrigation,
when
267
159
Manner of sale.
•
Purchasers shall secure water rights.
Water rights attach, when.
•
271-5
161-3
246
141
276
164
Water right runs with land..
•
247
141
279
167
•
Fees of commissioner respecting.
ARSENALS—
United States may acquire lands for..
Use of tide lands in front of, ceded to United States.
ASSESSMENTS-(See LOCAL IMPROVEMENTS).
ASSIGNMENTS-
Rights of assignees of contracts and leases same as
original lessees or purchasers..
STANT
ASSISTANT COMMISSIONER-
Commissioner shall appoint....
Shall perform duties of commisisoner, when.
•
Shall act as chief clerk in office of commissioner
Commissioner responsible for acts of..
Commissioner may require bond of.
• •
161-163 104-106
160
104
58
50
• • •
☺ ☺ ☺ ☺o co
3
15
3
15
3
15
3
15
3
15
ATTORNEY GENERAL-
Shall appear and represent state.
17
21
AUDITOR AND CASHIER-
Shall give bond-premium paid by State.
4.
16
BIDS-(See
BIDS (See SALES, LEASES).
Rejection of-moneys shall be returned.
BLAINE--
Reappraisement of tide lands in front of.
BOARD OF APPRAISERS-
How constituted.
54
48
221
11
19
GENERAL INDEX
281
BOARD OF STATE LAND COMMISSIONERS-
Art.
·Sec.
Page
Personnel of..
11
19
•
Successor of old board-duties.
12
19
•
Succeeds to duties of other officers in respect to tide
and shore lands.
63
55
•
Shall keep records of proceedings.
Clerk in office of commissioner shall act as secretary.
Office shall be with commissioner..
Commissioner shall act as chairman.
Shall adopt rules and regulations.
May reconsider acts, when....
13
20
13
20
13
20
14
20
•
14
20
•
15
20
•
May compel attendance of witnesses.
Shall report necessary changes in laws
May relinquish granted lands.....
May compel attendance of witnesses to determine
values
16
•
19
• • ·
29
2223
21
29
33
32
May accept gifts and escheats.
111
83
• •
May make appraisements.
21
24
•
Shall investigate and prosecute cases of trespass.
Duties of, in cases involving validity of selections..
116
85
116
85
BOND
Commisioner shall give.
May require assistant to give.
2 3
15
15
BOOMS-
Harbor areas may be leased for.
Ilwaco Railway & Navigation Co. may maintain on
certain tide lands.
90
72
191
BOUNDARIES-
Of State, defined.
BRIDGES-
State lands may be condemned for...
CANALS-
!
State lands may be condemned for.
Construction, maintenance and operation of Lake
Washington
CAPITOL BUILDINGS-
Sale of lands granted for.
CAREY ACT—(See also Index to Appendix, Ante).
Acceptance of, by State.
CASHIER (See AUDITOR AND CASHIER).
CEMETERIES-
2
Act providing for sale of certain lands for cemetery
purposes
•
CHEHALIS COUNTY-
Ocean beach in, is public highway.
CHELAN-(See LAKE CHELAN).
CITIES AND TOWNS-
•
May extend streets over tide lands.
1
24
1
11
140
94
140
94
199
179
261'
150
1 83
203-204
15
3
7
·
Harbor line commission shall establish harbor lines
and areas in front of.
Control of streets across tide lands vested in.
May assess State lands for local improvements.
May purchase or condemn State lands for water
supply
70
62
•
64
56
222-31
130-4
• •
33
32
282
GENERAL INDEX
?
CLAIMS.
Appointment of agent to prosecute against United
States
CLASSIFICATION—
Of State lands.
•
Tide lands divided into two classes.
COAL (See MINERALS).
·
• •
Shall be reserved in sales of State lands.
· •
COLUMBIA RIVER--
Survey and sale of certain shore lands at Vancouver.
COMMERCIAL TRUST COMPANY-
Art.
Sec.
Page
169-70
- 20
23
'59
51
40
39
..206
Act providing for exchange of certain lands with..
187
•
• •
Fees of..
COMMISSIONER OF PUBLIC LANDS-
An executive officer.
Salary duties
Records kept at capital.
Salary $3,000..
Shall give bond.
Shall appoint assistant.
Responsible. for acts of assistant.
May require bond of assistant.
• •
Member of board of state land commissioners..
Shall act as chairman of board.
Custodian of maps, plats and records.
Shall cause abstract books to be made.
Shall keep seal.
·
Fees in respect to arid lands.
Shall pay moneys over to state treasurer, when.
May reconsider acts, when.
1
3
23
3
24
3
•
•
1
15
2
15
3
15
•
3
15
• •
• 臭
​3
15
11
19
14
20
5
16
• •
7
17
6
16
.8.
.17
• •
279,
167
10
18
15
20
Authorized to cause publication of non-mineral cer-
tificates
28
29
•
Shall certify list of lands applied for, to county
auditor
✦
48
45
Shall execute leases
52
47
Shall notify lessees of delinquency-forfeiture..
May enter into contracts for excavating waterways
and filling tide lands...
53
47
101
75
250.
144.
280
·
167
1
171
•
Report shall include data respecting irrigation works.
Report respecting irrigation works.
Report to regents of Agricultural College.
COMMON SCHOOL FUND (See SCHOOL AND GRANTED
LANDS, SCHOOLS).
To be applied to common schools.
Revenue from, for current use only.
Principal irreducible
Source of
Legislature may enlarge.
•
Escheats inure to benefit of..
CONDEMNATION (See EMINENT DOMAIN).
CONGRESS-
May legislate as to lands of United States.
To have control of Indian lands.
CONTESTS (See APPEALS).
•
Conflicting applications to purchase tide and shore
lands of first class-procedure.
9
9
9.
.9
9
2 mm ca cn
4
3
4
4
3
4
3
4
112a
84
;.
25
1
12
26
2
13
68
58
GENERAL INDEX
283
CONTRACTS-
Art.
Sec.
Page
Change from territorial to state government, not to
affect
27
1
14
Purchasers shall enter into-contents.
Shall bear seal of commissioner...
41
41
·
6
16
·
Shall be cancelled where covering streets.
Forfeiture of-notice declaration
•
62
55
42-3
42-3
45
43
• •
125-6
89-90
48
45
36
35
49
46
37
36
· 37
36
•
51.
46
54*
48
Lands held under, may be segregated, when.
COUNTIES-
Commissioners may build wharves.
COUNTY AUDITOR-
•
Commissioner shall certify list of lands applied 'for to
Shall post copy of appraisement.
Shall post list of lands.
Shall conduct sales.
•
Shall deliver memorandum of purchase to bidder.
Shall make return to commissioner. of leases.
May reject bids-moneys to be returned.
DEEDS (See PATENTS).
•
Shall be cancelled where covering streets..
DEPOSIT-
• •
Application to purchase shall make-amount-return
DESERT LANDS--(See Index to Appendix, Ante).
DIKES AND DRAINS-
62
55
30
30
State lands may be assessed for construction of....
Certain overflowed lands granted to diking districts.
232
134
146
97
DOCK YARDS-
Use of tide lands in front of, ceded to United States.
160
104
DOUGLAS COUNTY.
Certain lands in, reserved from sale.
182
EDUCATION-(See SCHOOLS).
State to make provision for.
No distinction on account of race, color or sex.
EMINENT DOMAIN-
9
1
44
Cities have right of, to secure lands for water supply
Railroad, canal and bridge companies have right of..
United States may exercise right of.....
United States may exercise right of, for irrigation.
Service of process on State.
:
Plat of lands taken to be filed-payment.
ENABLING ACT-(See Index to Appendix, Ante).
ESCHEATS-
Administrator shall file list of lands.
Manner of sale or lease....
•
Inure to common school fund.
ESKKOLA, ANDREW-
Relief of
EXECUTIVE DEPARTMENT-
•
Composed of what officers.
Officers of, how chosen..
Power, governor has supreme.
FACTORIES-
Waters, may be used for.
• •
•
33
32
•
140
94
161
104
253
145
141
96
142
96
112.
83
111
83
112a
84
189
GO GO GO
1
3
3
1
3
3
1
3
21
1
11
284
GENERAL INDEX
FAIRHAVEN-
FEES-
Reappraisement of tide lands in front of.
Of commissioner
•
Of commissioner respecting arid lands.
Of commissioner must be entered in fee book—dis-
position
• •
For license to take oysters.
•
Witnesses shall be allowed.
FEUREUR, LOUIS-
Conveyance of certain tide lands to, in lieu of other
tide lands
FOREST RESERVES-(See Index to Appendix, Ante).
FORFEITURE-
Of contracts-notice-declaration
Of leases-commissioner shall give notice
notice of de-
linquency
•
Art. Sec.
1
Page
218
8
17
279
167
9
18
190
118
16
21
190
42-3
42-3
53
47
FORTS—
Congress to have control over.
25
.1
12
•
United States may acquire lands for..
161-163 104-106
Use of tide lands in front of, ceded to United States.
Moneys derived from sale of State lands shall be
160
104
held intact
46
44
GIFTS
111 .
: 111
8888888
83
83
3
2
Board of state land commissioners may accept in
name of State..
Manner of sale or lease of.
GOVERNOR-
Supreme executive, power vested in..
GRANTED LANDS-(See SCHOOL AND GRANTED LANDS).
"Granted lands" defined.
Board may relinquish.
•
GRANTS (See Index to Appendix, Ante).
GRAVEL-(See MATERIALS).
GREEN LAKE-
Shore lands on, donated to city of Seattle...
HARBOR AREAS-
Commission to establish lines.
:
20
23
29
29
222
15
1
Shall not be sold.
• ·
May be leased.
Defined
15
1
15
1
LO LO LO
5
5
5
20
23
May be leased-not to exceed 30 years-bond of
lessee
88
69
Manner of leasing.
37-8
36-8
• ·
May be leased for booming purposes.
90
72
•
Right to regulate rates of wharfage, dockage, etc.,
reserved
88
· 69
Owner of abutting tide lands has preference right
to lease
89
፡
Improvements on, exempt from taxation, when.
Commission shall establish in front of cities and
towns
92
888
223
72
73
70
62
GENERAL 285
·
INDEX
Art.
Sec.
Page
11
19
60
52
61
53
་ཚ
61
53
· 61
53
65-6
56
•
2223
67
57
67
57
71
62
82
888-83
82
67
855
62
67
HARBOR LINE COMMISSION-
Personnel of
·
Shall plat first class tide and shore lands-replat.
Shall designate owner of improvements
of improvements placed on
tide lands prior to March 26, 1890.
Shall lay out streets over first class tide and shore
lands--dedication
lands-im-
Shall appraise first class tide and shore lands
provements
Shall prepare and keep plats and records
Shall give notice of filing plats of first class tide
and shore lands.
•
Appeals may be taken from appraisements by.
Shall plat and appraise tide and shore lands, when..
Shall establish harbor lines in front of cities and
towns
May reappraise shore lands, when.
May plat shore lands of second class.
HARBOR LINES-
•
Commission to establish.
•
Commission
shall establish in front of cities and
• •
•
towns
Commission may lengthen or extend.
Defined
•
•
May be re-established or re-located, when.
HAY (See MATERIALS).
HIGH SCHOOLS (See SCHOOLS).
Legislature may establish.
HIGHWAYS-
• •
Ocean beach in Chehalis county constitutes.
Ocean beach in Pacific and Chehalis counties is.
►
• •
15
1
LO
5
70
70
ལུཿསྐྱ
62
62
20
23
91
72
9
2
4
HOQUIAM—
Survey, appraisement and sale of tide lands in front
of
ILWACO RAILWAY & NAVIGATION COMPANY-
Grant of right to maintain booms, etc..
IMPROVEMENTS-
Manner of appraising...
Shall be appraised at sum they add to value of land
for selling purposes.
Waste and damage to be deducted from appraised
value of
•
Purchaser shall pay appraised value to owner, when
Lessee may remove.
• •
•
Commission shall designate owner of, when placed
on tide lands prior to March 26, 1890.
One making on first class tide lands prior to March
26, 1890, has preference right...
Subsequent purchaser or lessee of tide lands shall
pay for
•
Lessee may appeal from appraisal of.
· •
•
On harbor areas, exempt from taxation, when.
Improver has preference right to purchase tide and
shore lands, when.
:
203
201
212
191
33
32
32
32
•
33
32
33
33
•
57
49
61
53
68
58
85-6
87
·69
92
•
•
*88
68
73
55
48
286
GENERAL INDEX
· INDEXES-
Commissioner shall keep, of maps and plats..
INDIANS-
}
Jurisdiction of United States over
Taxation of lands..
• •
INSPECTION—
Board may make...
Of lands for completion of grant to State
Of timber and materials.
INSPECTORS-
Appointment of
Compensation of
Oath and bond.
• ·
Duties and reports
•
• .
•
•
Penalty for disclosing information-perjury.
•
·
INTERIOR DEPARTMENT (See Index to Appendix, Ante).
IRRIGATION (See also Index to Appendix, Ante)..
Waters may be used for...
Lessce may purchase water right for school and
granted lands
·
•
Water rights shall be considered improvements
Rights of way granted for......
·
D •
•
•
United States may divert and store waters.
Appropriation of water by United States.
Rights of way granted to United States for
Lands sold subject to federal regulation.
Water users' association exempt from taxation.
Acceptance of "Carey Act".
Proposals to reclaim arid lands.
•
•
·
•
• ▸
•
Commissioner may enter into contract for, when.
Water rights attach, when...
JEFFERSON COUNTY-
Act providing for sale of certain tide lands in.....
Art.
Sec.
5
Page
16
26
26
19.19
21
21
33
13
13
0919 N
24
24
32
21
24
22
25
24
26
25
27
26
28
21
1
11
57
49
57
49
127
90
254
146
256
147
1
257
148
258
149
259
149
261
150
262. 150
267
157
276
164
205
LAKE CHELAN—
Act providing for improvement of.
200
LA CONNER-
Reappraisement of tide lands in front of....
220
LAKE UNION-
Sale
of shore lands on, for Alaska-Yukon-Pacific
Exposition
195
LAKE WASHINGTON—
Sale of shore lands on for
Exposition
Alaska-Yukon-Pacific
•
Right-of-way granted for canal.
195
198
•
199
Construction, maintenance and operation of canal.
LAND GRANT AGENT—
Appointment of, to prosecute claims against
United States
Duties-bond-compensation
LAND GRANTS-(See Index to Appendix, Ante).
169
169-70
GENERAL INDEX
287
•
Art.
LANDS (See ARID LANDS, MINERAL LANDS, OYSTER
LANDS, PETROLEUM LANDS, SCHOOL AND
GRANTED LANDS, TIDE AND SHORE LANDS).
Restriction on sale of State's granted.....
+
•
For educational purposes, how sold.
Sales by county commissioners..
Restriction on sale of.
Quantity to be sold in one parcel.
Of United States, not taxed.
Taxation of, 'of non-reisdents.
Tide lands, grants by territory
LAWS-
• •
•
• •
•
... •
Territorial to remain in force.
Board to report necessary changes in.
•
•
· 16
16
16.
16
Sec.
16
26
26.
1
27
2
3
12 OCO 4 − CI
Page
1- ∞ ∞ 00 00
8
8
8
8
1
13
1
13
2
14
27
2
14
19
22
LEASES-
Of harbor areas.
Manner of making.
Application-deposit
?
15
2
6
37-8
36-8
47
45
Made to highest bidder—term.
• •
Commissioner shall certify list of lands applied for
to county auditor.
County auditor shall post list of lands.
Rental shall be paid in advance.
•
Lands under lease shall be sold only on application
of lessee
County auditor shall make return to commissioner.
Commissioner shall execute leases.
Commissioner shall give notice of delinquency-for-
feiture
Rejection of bids-moneys shall be returned..
Lessee may remove improvements..
47
45
•
48
45
49
46
•
50
46
51
46
51
46
· 52
47
•
53
47
54
48
57
49
Improver has preference right to lease, when.
Leesee may purchase water right, when...
Water right shall be considered an improvement.
Rights of assignee same as original lessee.
Lessee has preference right to re-lease, when.
Abutting owner has preference right to lease har-
bor area
55
48
57
49
57
49
•
58
•
50
56
49
· •
:74
63
Manner of leasing tide and shore lands--not to ex-
ceed 30 years.
81
67
Subsequent lessee or purchaser of tide and shore
lands shall pay for improvements....
Right to regulate rates
regulate rates of wharfage.
of wharfage reserved in
leases of harbor area....
85-6
68
•
88
69
Harbor areas may be leased-not to exceed 30 years
---bond of lessee.
·
88
69
Owner of abutting tide lands has preference right to
lease harbor area.
•
Harbor areas may be leased for booming purposes.
Waterways reserved from sale or lease..
Escheats, manner of making leases of.
Of natural gas lands.
•
Of petroleum lands authorized.
89
72
90
72
97
75
·
111
83
172-9
110-13
172
110
Of petroleum lands-application-rental.
Lessees of petroleum lands shall report.
Present lessees have preference right to lease petro-
leum and natural gas lands..
l'etroleum and natural gas lands must be worked..
4
• •
173-5
111
176
111
177
112
178
113
288
GENERAL INDEX
LEASES-Continued.
*
Of mineral lands authorized... .
Application for lease of mineral lands..
Lessees of mineral lands may take timber.
Of mineral lands-rental-term ……、. ... ...n
Lessee of mineral lands may re-lease, when.
Lessees may make contracts to mine-royalty
For oyster- culture-preference right...
Art.
Sec.
Page
164
107
165
107
167
108
168.
108
: :
169
108
171-2
109-10
206-7
125
•
Of
oyster
lands-application-terms-hearing-de-
scription
208-11
125-6
Oyster lands shall revert to State if not used for
oyster culture
213-4
127
LICENSES-
LIEN-
For taking of seed oysters from State reserves.
License fee for taking oysters...
Contractor filling tide lands has.
LOCAL IMPROVEMENTS—
•
•
Interests in tide lands may be assessed for.
School and granted lands may be assessed for.
Manner of assessment of State lands for-payment.
Lands of State may be assessed for, in cities of first
class
LOGGING-
Rights-of-way over State lands granted- -payment
for timber
MCGOWAN & SONS, INC.-
Act for relief of.
MANUFACTORIES-
MAPS-
Use of water for.
• • •
Commissioner custodian of....
Commissioner shall keep indexes of.
• • •
MARINE HOSPITAL-
Act providing for sale of certain lands for.
186-8
116-7
.190.
118
105
79
222
130
223
131
224-6
•
•
131-2
229-31
133-4
123
88
193
21
1
11
10 10
5
16
5
16
184
MATERIALS
Sales of, shall not be made more than 90 days after
appraisement
30
May be sold separate from the land when.
•
•
•
Shall not be sold for less than appraised value.
Same inspection shall be made as on applications to
purchase lands
88
33
32
33
32
222
30
33
32
Purchase price shall be paid in cash.
Commissioner shall issue list of-distribution.
Sales of, how conducted.
Confirmation of sales.
MINERAL LANDS—(PETROLEUM LANDS).
May be leased.
• •
Application for lease.
Leases, how made.
33
32
37
36
37-8
36-8
39
38
Rental-term
Lessees may cut timber.
· •
Lessees may re-lease, when.
Contracts to lessees-royalty.
• •
Leasing of petroleum and natural gas lands.
164
107
165
107
37-8
36-8
168
108
167
•
108
169
108
171-2
109-10
172-9 110-13
GENERAL INDEX
289
MINERALS—
Reserved in sales of State lands.
MINING (See MINERAL LANDS).
Waters may be used for..
Art.
Sec.. Page
40
39
21
1
11
MONEYS--
NATIONAL FORESTS
Commissioner shall pay over to treasurer, when.
Derived from sale of State lands shall be held intact.
(See Index to Appendix, Ante).
10
46
***
18
44
NATURAL GAS-
Leasing of lands for.
172-9
110-13
NAVIGABLE WATERS-
State owns beds and shores of..
Harbor lines to be established.
•
17
1
9
17
1
9
NAVY YARDS-
United States may acquire lands for..
NEW WHATCOM-
Reappraisement of tide lands in front of...
NORMAL SCHOOLS-
State may establish..
NORMAN, B.—
Relief of
NOTICES--
Shall bear seal of commissioner.
OCEAN BEACH-
In Chehalis county is highway...
In Pacific and Chehalis counties is highway.
OIL-
Reserved in sales of State lands.
OIL LANDS-(See PETROLEUM LANDS).
OLYMPIA—
161-163 104-106
218
9
2
4
: :
188
6
16
203
204
40
39
Certain tide lands granted to, for park purposes.
226
ORDERS--
Shall bear seal of. commissioner.
€
16
OVERFLOW—
Of State lands-right granted in certain cases......
143-5
97
OYSTER LANDS-
Personnel of state oyster commission.
Records meetings-duties
•
Establishment of State reserves.
•
180
114
181-4
114
184
114
Commission may employ patrolmen for reserves.
State reserves reserved from sale or lease.
184
114
185
116
License for taking of seed oysters from State reserves
License fee for taking oysters.
•
186-8
116-7
•
190
118
Penalty for taking without license.
•
191
118
Sale of lands planted and cultivated prior to March
26, 1890-reversion
192-3
118-9
•
Occupants have preference right to purchase-survey
-price-terms
Sale-application-notice
Sale for oyster planting.
195
120-1
•
198
121
•
200
122
-19
290
GENERAL INDEX
OYSTER LANDS-Continued.
Citizens only may purchase...
Lease-application-terms-hearing-description
Commissioner shall issue list of lands to be sold-
distribution
Art.
Sec.
Page
201
123
208-11
125-6
37
36
202
123
204
124
206-7
125
213-4
127
215
128
217-8
128
220
129
221
130
Revert to State upon abandonment.
Oysters planted prior to March 26, 1890, may be re-
moved
May be leased for oyster culture-preference right..
Lands leased shall revert if not used for oyster cul-
ture
Fish commissioner may permit dredging of oysters..
Oysters considered personal property, when.......
Person discovering oysters has right to remove for
5 years
Penalty for taking oysters from lands located by an-
other
PACIFIC COUNTY-
Ocean beach is a public highway...
204
PARKS-
Certain tide lands granted of Olympia for.
226
Certain tide lands granted to Port Townsend for.
Certain tide lands granted to Tacoma for.
227
•
223
PATENTS-
Shall be issued when purchase price paid.
40
39
•
PAYMENT—
Time of, extended....
44
43
PERJURY-
For inspectors to disclose information...
PERMANENT SCHOOL FUND-(See Index to Appendix, Ante).
PETROLEUM LANDS-
Leasing of authorized.
•
Application-rental
Lessees shall report.
• •
Present lessees have preference right.
26
28
172
110
173-5
111
176
111
177
112
178
113
Lands must be worked.
PLATS-
D •
Commission shall give notice of filing of first class
tide and shore lands.....
Commission shall prepare and keep.
• •
Commission shall plat and appraise tide and shore
lands, when
Commissioner custodian of.
Commissioner shall keep indexes of..
Vacation of certain platted lands..
•
•
•
Of tide lands, may be filed in sections.
Of waterways shall be made where kept.
Vacation-procedure-replat
PORT TOWNSEND—
67
57
65-6
56
71
62
10 10
5
16
5
16
183
72
62
96
74
• •
118-22
86-8
227
Certain tide lands granted to, for park purposes...
PRIVATE ACTS (See SPECIAL ACTS).
PROCESS-
Of State may be served on reservations.
Of territory valid.
25
1
12
•
27
1
14
2=
•
Service of process on State in condemnation of State
lands
141
96
•
GENERAL INDEX
291
Art.
Sec.
Page
PUBLIC LAND GRANTS—(See Index to Appendix, Ante).
PUBLIC LANDS-
Granted to State, held in trust.
State disclaims title in...
Synonomous with State lands
• •
16
1.
7
16
1
7
21
24
PURCHASERS-
Vested rights of, saved in act of 1897.
RAILROADS—
Rights-of-way granted
granted over State lands-appraise.
ment
May condemn State lands.
18
22
22
132-7
91-4
140
94
RAINIER NATIONAL PARK--
Jurisdiction in, ceded to United States...
202
RECORDS-
Commissioner custodian of.
10
5
16
Harbor line commission shall prepare and keep, where
deposited
65-6
56
Board of state land commissioners shall keep record
of proceedings
13
20
RELIGION-
Not to be interfered with.
RELINQUISHMENT—
26
1
13
Board may make of granted lands.
29
29
REPORTS-
Board shall make of necessary changes in laws...
Commissioner shall make, respecting irrigation works
Of commissioner shall include data respecting irriga-
tion works
19
22
280
167
250
144
132-7
91-4
•
123
88
:::
127
90
124
89
198
201
RIGHTS-OF-WAY-
For railroads granted over State lands-appraise-
ment
•
Over State lands for logging granted-payment for
timber
For irrigation granted.
For roads granted..
•
For Lake Washington canal
•
•
Over lands at American Lake granted for railroad
purposes
RULES AND REGULATIONS-
Board shall make.
14
20
•
SALARY-
Of commissioner, $3,000...
1
15
SALES (See LEASES).
Applications shall be in writing-deposit.
30
30
Commissioner shall issue list of lands to be sold-
distribution
37
36
Publication of notice of.
37
36
•
•
•
•
Shall not be made more than 90 days after appraise-
ment
30
30
Time and place of.
37
36
•
Manner of making
37-8
36-8
Shall be at public auction.
37
36
Not more than 160 acres sold in one parcel.
30
30
·
292
GENERAL INDEX
SALES-Continued.
Lands not bid off, may be readvertised.
Art.
Sec.
Page
37
36
Applicants shall be notified of..
36
35
Purchasers shall pay one-tenth of purchase price at
time of
37
36
•
Terms of sale of school and granted lands.
Confirmation of
Patents shall be issued when purchase price paid.
Time of payment extended.
Minerals, etc., reserved.
40
39
• •
39
38
40
39
•
•
44
43
D
40
39
• D
Rights of assignee same as original purchaser.
Timber and mɛ erials sold separate from land. when.
Manner of selling gifts and escheats......
Lands granted for capitol buildings-manner of sale.
Manner of sale of arid lands..
58
50
•
33
32
111
83
179
271-5
161-3
Of oyster lands planted and cultivated prior to
March 26, 1890-reversion.
192-3
118-9
Occupants of oyster lands have preference right to
purchase-survey-price-terms
195-7
120-1
•
Application for sale of oyster lands-notice.
Of tide lands for oyster planting...
'Abutting owner has preference right to purchase tide
lands of first class.
198
121
•
200
122
•
68
58
purposes
of
lands-survey,
·
•
Tide and shore lands-preference right to purchase..
Tide and shore lands sold in same manner as school
and granted lands..
Of detached tide and shore lands..manner of making
Abutting owner has preference right to purchase sec-
ond class shore lands.
Shore lands of second class-board may sell, when-
notice to upland owner...
• •
Act providing for sale of certain lands for cemetery
Certain lands in Douglas county reserved from sale..
Act providing for sale of certain lands for marine
hospital
Act providing for sale of certain tide lands in Jeffer-
son county
Aberdeen tide lands- -survey, appraisement and sale of
Hoquiam tide lands-survey, appraisement and sale
•
Vancouver tide
sale of
Alaska-Yukon-I’acific
shore lands for.
73
63
75-6
63-4
77
64
•
79
66
81
67
183
182
184
205
207-S
212
appraisement
and
206
Exposition--sale of certain
195
SCHOOL AND GRANTED LANDS-
Board may relinquish..
29
•
Commissioner may cause publication of non-mineral
certificates
•
Applications for sale of, shall be in writing-deposit
Shall be appraised when sufficient number of applica-
tions received
3888
28
30
888
29
29
30
30
30
Applicant may protest appraisement.
36
35
•
Commissioner shall make certificate of appraisement.
Appraisements under former laws annulled..
Commissioner shall issue list of lands to be sold-
36
35
31
32
distribution
37
༥ |
36
Notice of sales shall be published.
37
36
•
GENERAL INDEX
293
SCHOOL AND GRANTED LANDS-Continued.
Sales shall not be made more than 90 days after ap-
praisement
• •
Time and place of sale
Manner of sale.
•
• •
Shall be sold at public auction.
*
•
Art.
Sec.
Page
30
30
37
36
37-8
36-8
37
36
Not more than 160 acres shall be sold in one parcel.
Shall not be sold for less than appraised value.
Not bid off-may be readvertised..
30
30
30
30
•
37
36
Purchaser shall pay one-tenth of purchase price at
time of sale.
37
36
• •
Terms of sale.
40
39
•
Confirmation of sales.
39
38
Patents shall be issued to purchasers when purchase
price paid
40
39
Moneys derived from sale be held intact.
Rights of assignees same as original purchasers or
lessees
46
14
•
•
58
50
Rejection of bids..
missioner
•
Lands held under contract may be segregated, when.
Applications for lease-deposit.
May be leased to highest bidder-term.
Commissioner shall certify list of lands applied for
lease to county auditor.
•
Auditor shall post list of lands to be leased.
Auditor shall make return of lands leased to com-
Rental shall be paid in advance.
Improver has preference right to lease, when
Commissioner shall execute leases..
•
Commissioner shall give notice of delinquency-for-
feiture of leases..
Lessee may purchase water right, when.
Lands under lease shall be sold only on application
of lessee
Lessees may remove improvements.
45
43
17
45
•
•
•
45
•
•
48
45
·
49
46
•
51
48
•
51
46
50
46
• O •
55
48
52
47
53
47
57
49
•
51
46
57
49
• •
Lessee has preference right to re-lease, when
Vacation of plats-procedure--replat.
•
•
56
49
118-22
86-8
• •
•
class
• May be assessed for local improvements.
Manner of assessment-payment.
Assessment for local improvements in cities of first
May be assessed for dikes and drains.
Act providing for relief of purchasers of school
lands from territory.
223
131
•
• •
224-6
131-2
229-31
133-4
232
134
•
185
·
Act providing for sale of certain lands for cemetery
purposes.
•
183
•
•
224
Grant of certain, to the city of Tacoma.
SCHOOL LANDS, GRANTS OF―(See Index to Appendix, Ante).
SCHOOLS-
State shall establish, public.
•
26
1
13
Shall be free from sectarian control.
26
• •
1
13
School fund, applied only to..
9
2
4
Districts may purchase sites for school houses at
appraised value
•
Escheats inure to benefit of common school fund.
• •
158-9
112a
103
84
Of commissioner-form of....
$
Notices, contracts, orders, etc., shall bear
6
•
396
16
16
SEAL-
294
GENERAL INDEX
SEATTLE-
Green Lake shore lands granted to.
Revision of plat of tide lands at.
SECRETARY-
•
Of board, clerk in office of commissioner shall act as
SELECTION
•
Of lands for completion of grant to State.
Of lands, may be made by board....
Duties of board in cases involving validity of.
SETTLERS-(See Index to Appendix, Ante).
SHORE LANDS
(See TIDE and SHORE LANDS).
Definition of
SOUTH BEND-
Reappraisement of tide lands.
SPECIAL ACTS-
nology
4
Art.
Sec.
Page
222
215
Annual land report for Washington School of Tech-
Establishment of scientific school and chemistry
building
·
Selection and control of lands for University
Capitol buildings land.
•
•
•
Reserving certain lands from sale.
Vacating certain platted lands...
Providing for sale of certain school land.
Lands for marine hospital on Columbia river.
School lands-for the relief of purchasers of.
Exchange of certain State lands for lands owned by
Commercial Trust Company.
Relief of B. Norman.
•
Relief of Andrew Eskkola.
Conveyance of tide lands to Louis Feureur.
·
·
•
Granting right to Ilwaco Railway and Navigation
Co. to maintain booms, etc..
•
Relief of P. J. McGowan & Sons, Inc..
Sale of shore lands for Alaska-Yukon-Pacific Expo-
sition
Right-of-way for Lake Washington canal.
•
Construction, maintenance and operation of Lake
Washington canal
•
Improvement of Lake Chelan.
Rights-of-way over lands at American Lake.
Rainier National Park.
•
Pacific coast sea beach in Chehalis county a public
highway
Pacific coast sea beach in Pacific and Chehalis coun-
ties a public highway..
• •
Sale of certain tide lands in Jefferson county.
Survey of tide lands on Columbia river in front of
Vancouver
Aberdeen tide lands.
Aberdeen tide lands..
Hoquiam tide lands.
•
Revision of plat of Seattle tide lands
•
Reappraisement of New Whatcom and Fairhaven
tide lands
Reappraisement of South Bend tide lands.
Reappraisement of La Conner tide lands.
• •
13
• •
20
23
25
21
24
116
85
20
23
219
17-1
174
177
179
•
182
183
183
184
185
187
188
•
189
190
191
193
· 195
::
198
199
200
201
202
203
204
:
205
•
:
206
•
207
208
212
215
218
219
220
GENERAL INDEX
295
SPECIAL ACTS-Continued.
Reappaisement of Blaine tide lands.
Donating certain shore lands to Seattle.
·
Granting certain tide lands to Tacoma for park pur-
poses
Granting certain State lands to Tacoma.
Art.
Sec.
Page
221
222
223
224
"
Granting certain tide lands to Olympia for park
purposes
226
Granting certain tide lands to Port Townsend for
park purposes
227
STATE-
Boundaries of
To provide system of common schools.
May enlarge school fund.
•
To create harbor line commission.
Sales of school lands by county commissioners vali-
dated
May lease harbor areas.
24
9
9
15
16
•
15
16
.
17
17
25
25
•
·
26
26
26
4
133 -
Q1 Q3 = 6) HHAN →
11
2
4
4
1
5
2
8
2
6
7
1
9
2
10
1
12
1
12
1
13
2
13
13
11
19
Granted lands held in trust.
• •
Owns beds and shores of navigable waters.
Disclaims title to tide lands patented...
Disclaims title to unappropriated public lands.
Grants federal jurisdiction over certain lands
Compact with United States.
• •
•
May tax Indian lands, when.
Agrees to establish free schools.
STATE BOARD OF TAX COMMISSIONERS-
Members of board of state land commissioners.
STATE COLLEGE OF WASHINGTON—(See
(See AGRICUL-
TURAL COLLEGE).
STATE FIRE WARDEN AND FORESTER—
Member board of state land commissioners.
STATE LAND COMMISSIONER (See COMMISSIONER
OF PUBLIC LANDS).
STATE LAND COMMISSION (See BOARD OF STATE
LAND COMMISSIONERS).
STATE LANDS-(See ARID LANDS, MINERAL LANDS,
OYSTER LANDS, PETROLEUM LANDS,
SCHOOL AND GRANTED LANDS, TIDE AND
SHORE LANDS) —
Synonomous with "public lands"
Definition of
Lists of, shall be made...
Minerals reserved in sales of..
11
19
20
23
21
24
27
28
40
39
45
43
46
44
• •
40
39
40*
39
223
131
224-6
131-2
187
Held under contract, may be segregated, when
Moneys derived from sale shall be held intact.
Patents shall be issued to purchasers, when..
Terms of sale of..
May be assessed for local improvements
Manner of assessment-payment.
•
·
•
Act providing for exchange of certain lands for lands
of Commercial Trust Company..
Grant of certain lands to city of Tacoma.
• •
STATE OFFICERS—
Records kept, where.
تن
?
21
224
3
296
GENERAL INDEX
STATE OYSTER COMMISSION-
Personnel of
Records-meetings-duties
Art.
Sec.
Page
180
114
181-4
114
STATE TREASURER-
Shall report to regents of Agricultural College....
STATUTES-(See SPECIAL ACTS)—
Vested rights saved in act of 1897
STONE-(See MATERIALS)—
State may sell from granted lands.
STREETS-
2
172
18
22
16
3
•
8
•
15
3
7
•
ཛྱསྐྱ
64
56
62
55
Cities may extend over tide lands.
Control of, vested in cities....
Contracts covering shall be cancelled.
SURVEYS (See Index to Appendix, Ante) —
State to pay expenses of government surveys, when.
TACOMA-
C'ertain tide lands granted to, for park purposes.
Certain State lands granted to...
TAXATION
•
•
Of Indian lands and non-residents.
Certain lands of United States exempt.
Improvements on harbor areas exempt from, when.
Water users' asociations exempt.
TECHNICAL SCHOOLS-
State may establish.
• •
•
Commissioner shall report to regents of Agricultural
College
TERRITORY-
23
25
223
224
26
2
13
162
105
92
73
259
149
9
2
4
1
171
State assumes debt of..
26
Process of, valid...
27
Change from, not to affect rights.
27
•
Laws of, in force until changed.
27
30HH CI
1
1
2
***
13
14
14
14
TIDE AND SHORE LANDS-
State owns
17
1
9
State disclaims ownership in patented.
Grants not validated....
17
2
10
·
•
17
2
14
Definition of
► •
Plats may be filed in sections.
Cities may extend streets over.
Divided into two classes…..
Board succeeds to duties of other officers in respect to
Harbor line commission shall plat first class—replat.
Harbor line commission shall appraise first class-
improvements
Commission shall give notice of filing plats..
Appeals may be taken from appraisement-procedure
Commission shall prepare and keep plats and records
Commission shall plat and appraise.
•
Commission may reappraise shore lands, when.
Commissioner shall issue list of lands to be sold-
15
3
7
20
23
59
51
•
•
63
55
•
60
52
D •
61
53
67
57
•
67
57
65-6
56
71
62
72
62
•
82
67
distribution
37
36
•
Sales of, how conducted.
37-8
36-8
•
Of first class, shall not be sold for less than ap-
praised value
75
63
GENERAL INDEX
297
TIDE AND SHORE LANDS—Continued.
One making improvements on first class prior to
March 26, 1890, has preference right to purchase
Harbor line commission shall designate owner of im-
provements
Art.
Sev.
Page
68
58
61
53
•
Abutting owner has preference right to purchase first
class
68
Abutting owner has preference right to purchase..
Of first class, sold in same manner as school and
granted lands, when.
Other than first class, sold in same manner as school
and granted lands.
Detached-manner of sale.
Not otherwise provided for-manner of sale
Abutting owner has preference right to purchase
shore lands of second class.
73
75
•
76
77
•
•
•
J
78
65
• •
79
66
•
Board may sell shore lands of second class, when..
First class-conflicting applications to purchase-
81
67
SE 8 3 33
58
63
63
64
64
procedure
68
58
Subsequent lessee or purchaser shall pay for improve-
ments
85-6
68
Lessee may appeal from appraisement of improve-
ments
87
69
Grantee of upland owner has preference right to
purchase
69
61
Accretions belong to State- -manner of sale.
Sale of tide lands for oyster planting.
78
65
• •
200
122
Owner of abutting, has preference right to lease
harbor area
89
72
Improver has preference right to lease, when.
55
48
Manner of leasing..
84
67
•
Leases not to exceed 30 years.
84
67
Lessee has preference right to re-lease when.
Commission shall lay out streets over first class-de-
56
49
dication
Control of streets over, vested in cities.
61
==
61
53
56
•
Waterways shall be established in front of cities and
towns
93
74
Commissioner may enter into contracts for excavat-
ing waterways and filling tide lands.
Notice of application for contract to fill.
Bond of contractor.
101
75
•
102
176
•
101
75
Contractor has lien for filling
Waterways reserved from sale or lease.
Interests in, may be assessed for local improvements
May be assessed for local improvements in cities of
first class
105
79
· •
•
97
75
• ·
222
130
229-31
133-4
Certain overflowed lands granted to diking districts.
Use of certain, ceded to United States..
146
97
160
104
Sale of shore lands for Alaska-Yukon-Pacific Exposi-
tion
195
Revision of plat of Seattle tide lands.
Green Lake shore lands donated to Seattle.
Survey, appraisement and sale of, at Aberdeen
Survey, appraisement and sale of, at Hoquiam
Survey, appraisement and sale of, at Vancouver.
Act providing for sale of certain tide lands in Jeffer-
son county
•
Reappraisement of, at South Bend.
215
•
920
• •
207-208
212
•
•
206
•
205
219
•
·
Reappraisement of. at New Whatcom and Fairhaven
218
•
•
298
GENERAL INDEX
TIDE AND SHORE LANDS—Continued.
Reappraisement of, at Le Conner.
Reappraisement of, at Blaine.
• •
•
•
Certain granted to Tacoma for park purposes.
Certain granted to Port Townsend for park purposes
Certain granted to Olympia for park purposes.
TIMBER-
•
•
May be sold separate from land.
May be sold separate from land, when.
Shall not be sold for less than appraised value.
Inspection shall be same as on application to pu: '-
chase lands
•
• •
• •
Manner of conducting sales.
Confirmation of sales..
• •
Art.
Sec.
Page
220
221
223
227
• •
226
16
3
8
•
•
33
32
33
22
10 10:00
33
32
37-8
36-S
39
38
30
30
•
33
32
167
108
117
86
35
35
34
85
33
82
Not to be sold more than 90 days after appraisement
Purchase price shall be paid in cash when sold sep-
arate from land...
D
• •
Lessee of mineral lands may cut timber
Persons taking, liable for treble damages
Time for removal--extension
• •
•
Time for removal when purchased prior to March 18,
1901
Removal of--extension of time.
TIME-
Of payment extended..
TRESPASS-
What constitutes on State lands-penalty. .
Persons taking timber liable for treble damages.
Board shall investigate and prosecute cases of.
UNITED STATES-
·
•
Use of tide lands in front of forts. etc.. ceded to...
Lands sold subject to
to federal regulation
gation, when
May divert and store waters.
Rights-of-way for irrigation granted to.
Appropriation of water by...
May acquire lands for certain purposes.
May condemn lands for irrigation.
Agent to prosecute claims against.
Certain lands of. exempt from taxation.
• •
14
43
113-5
84-5
117
86
116
85
160
104
of
of irri-
258
149
254
146
257
148
256
147
•
•
•
161-163 104-106
253
145
169-70
162
105
•
•
Act providing for sale of certain lands for marine
hospital
Jurisdiction over Rainier National Park ceded to...
UNIVERSITY, GRANTS TO—(See Index to Appendix,
UNIVERSITY-
184
:
202
Ante).
Act providing for relief of purchasers of lands from
territory
•
Selection and control of certain lands for.
VACATION-
•
•
Of certain platted lands.
Procedure--replat
VANCOUVER-
Survey, appraisement and sale of tide lands in front
of
::
185
177
118-22
183
86-8
208
GENERAL INDEX
299
Art. Sec.
Page
18
22
::
10 10
57
49
57
49
21
1
11
15
·
1
15
VESTED RIGHTS-
Saved in act of 1897.
WATER RIGHTS-
•
Lessees may purchase, when...
Shall be considered improvements.
•
WATERS (See Index to Appendix, Ante).
May be used for certain purposes...
State restricted in selling rights in tide.
WATER SUPPLY-
-
Cities may purchase or condemn lands for.
WATERWAYS—
Shall be established in front of cities and towns.
Plats shall be made-where kept.
Rights-of-way granted for.
Width and depth of.
·
•
•
•
Bulkheads-cost of, to be apportioned.
· •
•
•
Commissioner may enter into contracts for excavating
Notice of application for contract.
Bond of contractor
•
•
•
Contractor has lien for filling tide lands.
Reserved from sale or lease.
WHARVES-
State may lease harbor areas for..
County commissioners may build.
WITNESSES-
•
•
Board may compel attendance of...
•
•
Board may compel attendance of, to determine values
Shall be allowed fees.
• •
33
32
93
74
•
96
7+
106
81
91
71
107-8
81-2
101
75
102
76
•
101
75
105
79
97
75
15
2
6
125-6
89-90
16
21
33
22
•
16
21
Filmed 1975 Practit
UNIVERSITY OF MICHIGAN
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3 9015 06816 4790
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