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 r. Forrest, 11 Wash. p. 233; Russell v. Guptill, 13 Wash. p. 362; State v. Halbert, 14 Wash. p. 310; State v. Ellis, 22 Wash. p. 132; State ex rel. Nat. Bank r. 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, contracts, or claims shall be affected by a change in the form of government, 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 Washington, 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not repungant to this constitution, shall remain in force until they expire by their own limitation, or are altered or repealed by the Legislature: Provided, That this section shall not be so construed as to validate any act of the Legislature of Washington Territory granting shore or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 person, 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 er rel. McKenzie r. Forrest, 11 Wash. p. 233; Russell r. Guptill, 13 Wash. on p. 362; State ex rel. Cap. Nat. Bank v. Young, 22 Wash. on p. 548; State ex rel. Atty. Gen. r. 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 串 Commissioner of Public

hereby fixed as follows:

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.

ante.

Commissioner public lands, constitutional office: Const., Art. 3, $1, ante. Legislature to fix compensation and prescribe duties: Const., Art. 3, §23,

§2. -Bond.

The Commissioner of Public Lands shall enter into a good and sufficient surety company bond, to be approved by, and deposited 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 assistant 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

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 company 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 Commissioner 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:

§6. Commissioner's Seal.

Const., Art. 3, §24, ante.

That all notices, orders, contracts, certificates, rules and regulations, 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 authenticated by a seal whereon shall be the vignette of Washington, with the words "Seal of the Commissioner of Public Lands,

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 Commissioner 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 payment 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 seal, $1.00; (3) for each original contract of sale, lease, or bill of sale, $2.00; (4) for each deed, $5.00; (5) issuance of harbor area lease and approval of bond, $5.00; (6) approval of each 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

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.

$9. 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, together 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 outstanding 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 Commissioner shall transmit the same to the Treasurer within five days after the determination of the Commissioner or the Board of