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 authorized 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 Washington, 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. 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 directed 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 hundred 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 southeasterly 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 fivetenths (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), township thirty (30) north, range one (1) west, running thence south thirty-seven degrees (37°) east two hundred sixty-two and five 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 thirtythree degrees five minutes (33° 5′) east four hundred seventyeight (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 cast side of East Front street seven hundred thirty-five and five-tenths (735.5) feet to the place of beginning, containing 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 manner 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 section 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 Washington, 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, without 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. 1. FEDERAL GRANTS. a. TO TERRITORY. b. ENABLING ACT. C. GENERAL PROVISION TO TERRITORY AND STATE. [NOTE. Considerable portion of annotations taken from Federal Statutes Annotated. 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 reserving 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 reserved 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 mankind, 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, perhaps, in the act of April 30, 1802, the enabling act under which Ohio was admitted 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 rejection'; the first of which was 'that the section, number sixteen, in every township, 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 inhabitants of such township, for the use of schools.' In all laws passed subsequent 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 Congress for their preservation and maintenance that it annexed a condition to 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 permanent school fund, the interest only of which should be used in support of such schools." State ex rel. Pt. Townsend v. .ausen, 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 purpose 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 commissioners of the counties in which said sections so occupied as aforesaid 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 public 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 maintaining 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 |