the scat 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 er rel. Pt. Townsend v. Clausen, 40 Wash. p. 105.

SEC. 2. The Legislature shall provide for a general and uniform 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. Chapman, 16 Wash. p. 576; Sheldon v. Purdy, 17 Wash. p. 139; Rand, McNally Co. r. Hartranf, 29 Wash. p. 595.

SEC. 3. The principal of the common school fund shall remain permanent and irreducible. The said fund shall be derived 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 proceeds 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 appropriating timber, stone, minerals or other property from school and state lands other than those granted for specific purposes,

and all moneys other than rental recovered from persons trespassing 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 enabling 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 further 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 appointment of a commission whose duty it shall be to locate and establish 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 determine) 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

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 regulate 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 406, void : Wilson v. State Land Commissioners, 13 Wash. 65.

Harbor lines must be established before tide lands can be appraised:

cx rel. Hewit v. Sharpstein, 4 Wash. 68.

State

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 Commissioner, 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 highwater 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.

"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 individuals: State ex rel. Trimble v. Bridges, 22 Wash. 98.

A railroad is not an improvement to entitled the owner to special consideration: Lake Whatcom Logging Co. v. Callvert, 33 Wash. 126.

SEC. 3. Municipal corporations shall have the right to extend their streets over intervening tide lands to and across the area reserved as herein provided.

post.

Statutory authority of cities: $60 et seq. Laws post; see note to $61 Laws

Municipal corporations as used in this section include cities and towns: State ex rel. Stimpson v. H. Ļ. 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 extend 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. McKinzie v. Forrest, 11 Wash. 227.

This section refers to all cities and towns: Wilson v. State Land Commission, 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. Gatzert 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 y. Forrest, 12 Wash. 483.

"The power to extend or project streets" means to construct in the same direction 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 appraisers in the location of streets upon tide lands, which acts had been subsequently confirmed by legislation: Seattle v. Forrest, 14 Wash. 423.

An occupant of tide lands cannot object to improvements on the harbor area so long as he has access to navigable water: Morse r. 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

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 disposed of except in the manner and for at least the price prescribed 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 educational 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, see §§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.

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