Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1885-11-01
Ga the eeeap2ney Of school Aanas
Ia the Territory. BY the Gem
missioner Of the General
Land 0f<ce.

and dsci Srec tbey snsii DC
1ran,ed for the use OF schools In
Beecher vs.. Wetherby IS Otto, 81 and
IN Cooper VS.. Roberts Is How, l13l the
ssprene Court held that this reserva-
lion was such a compact as could not De
ignored by Congress when the states
should be admitted. and that all II was
necessary for the Government to do was
10 identify the sections BY appropri-
ate surveys and as these States were
part of the territory coded by Virginia,
the ordinance of l7s7 providing for
lepisl alton by the peSple OF the Terri
tories, aud requiring lands 10 be SET
apart for educational purposes, applied.
In Washington Territory the cJndl-
ton of sections 10 and 36 is entirely
different. The reservation of these sec
tons for school Purposes was no COM
pact, nor was i. grsRt, or IN the nature
OF a grant, but was contained IN the act
forming the Territory and providing Tor
its government. Ii reads as follows:
section 20-And be it further enact
ed. that when the lands In said Terri
tory shall be surveyed 1uder the direc-
ton of the Government of the United
States, preparatory TO bringing the same
into market, or otherwise disposInR
thereof, sections numbered sixteen and
thirty six in each township IN said Ter
ritory, shall be, and the same are here
by reserved, for the purpose Of being
applied to common schools IN said Ter
ritory. And IN all cases where said sec
tons sixteen and thirty six, or either,
or any of them. shall be occupied by
actual settlers prior TO survey thereof,
-. rf a n
ties 10 which said sections So occupied
as aforesaid are situated, be, AMI taey
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. statute. l79b.
The act declares these lands are re
served for the 2urpose of being applied
to common schools IN the Territory
The word Territory as used in the act
is evidently Intended to designate the
geographical limits Of the section OF
country within which the reservation
was made. and not int nded to author
ize the Territory to rent, lease, or 9th
erwise exercise Jurisdiction over these
sections for aay purpose whatever.
And the same may be said with respect
to lieu lands which the County Com mis-
sioners we're authorized to select in
place of lands occupied and claimed at
date of survey. They were merely au-
thorizsd to locate such lands in order
that the future State might no. be de-
prived of the donation which Congress
intended to make. But when so located
they are simply reserved. the title As
we'll as all jurisdiction over them still
remaining IN the United States.
The County Commissioners have
selected or located under said act, from
the to time. qnite quantity of lands,
in lieu of lands lost in sections 10 and
IS in said Territory.
The act further declares lsection 81
that no Law shall be passed interfering
with the primary disposal of the soil ;
and no tax shall be imposed on the
property OF the United States; and that
All laws passed by the Legislative A
sembiy shall be submitted t. the Con
gress of the United States, and If dis
approved shall be null and of no effect.
by act of the Legislative ASSEMBLY
OF said Territory, approved Novembt T
q, 1883, the Board of County Comrnis-
sioners were authorized and empower
ed. for and in the name of the Terrific
ry, to have the care, custody and man
agement of I'll lands in their several
counties reserved By Congress for tic
use of schools within the Territory.
Mr.. Whites letter contains quota
ton from an act OF the Legislative
Assembly Of 1869, which authorizes the
County Comm issioners of the several
counties to lease or rent sections l6 and
sc, or any portion thereof, for a numb I
Of years, not exceeding six, or until the
land shall be sold. 1t appears, there
fore, that the County Commissioners
have leased sections l6 and 81, in pur-
suance of an act of the legislative As
sembly of the Territory. Upon the face
of II this &C. bears the authoriz alton OF
Congress-, not having been disapproved
The validity OF this act is question
that may be inquired into in civil pro-
ceedipgs for right of possession. The
question asked by Mr.. White is
whether such civil suits shall be
instituted under the act of Febru
airy %, 1885 % Stat, 32ll. The first
section of this act declares unlawful all
Enclosures of public lands to which she
party had no claim or color of title
made or acquired in good faith, or an
asserted right thereto by or under claim
made in good faith With a view to entry
thereof at the proper land office under
the general laws of the United States at
the time any such Enclosure was, or
shall be made" etc. The second SEQ
ton is mandatory and makes Is the
duty of the United States Attorney for
the proper district. on affidavit fled
with him by any citizen of the United
States that section of this act is
being violated, to institute a civil suit
In the proper court, etc. Sections 10
and 30 may be considered public lands
for the purposes contemplated in the
act of February q, 1855" IL is true
ths lands we're reserved for a specific
purpose, but no title has passed, and
so far as il may be necessary to protect
them from occupation or use oy any
person who had not a settlement
claim thereto at the time OF sur
vey. lies in the United States Bat in
dependenily Of the act of February y,
1885, IL is competent for the United
States to protect its lands from waste
or trespass by due process Of Law, the
same a. any private person evning title
might do. Gotten W. United States,
IL How. 20; United States W.. Bank Of
toe Metropolis, IS Peters, 81; United
States vs.. Grear, 3 How, 1901"
Notwithstanding parties who have
leased such lands from the commission
ers. in Pursuance Of an act of ihe Gene
raj Assembly Of the Territory, hold pos
session under color, az least, of legal
authority, the right to have the quss
ton a. 10 title and the right OF posses
sion iudicislly determined still re-
mains
The LIND Department has confinu-
ally exercised Jurisdiction over the
school sections IN the Territories TO the
extent Of causing the prosecution of
parties for removing timber therefron
since the rAssaee of the act Of
March 3. 1873 % Stat, So. (Ses
case OF Vim Besdie, II Cor, l341. an
case of homestead entry the land is
reserved. and tbs reservation Is Of such
q character that no other disposition
can be made of IL, Wilcox vs. jackson,
Is Peter, 4sc /; l. L. i q. X. b Co. ".
United States, . Ot;o. 1881 bat the
Land Department under implisd an-