The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-10-17
1.TE TIDE LANDS.
government Has No Own
ership in Them.
s.c4 OF MANY DECISIONS.
r.onot Goneede Her >oser-
-. 10 the United States
The scrip Cases.

ard c0Btestsbss III 90 Wa oHr u
80 cases nov before the land
s-..s.rsay. finished the brief prepared
60 snsell.s in the rejected appli-
r., T. Warner TO file Mckee
the Seattle water front. The
TxsTgn STATES LAND ofFIeg.
@EATTLE wash, October. ls-g.
-...s- of tic application of T. Warner
- yegee scrip; upon certain LANDS IN
So, OF lands 81 Seattle. Wash
noz the contestants and protestant,
~ u aftorreys, JOAN L Sale aEa
ysr. esd, IN reply to The brief aud
- ID support Of the applicants appeal
- ssclsion OF the rsgiste- and receiver
80 ssia application, submits the follow
"a arsuwgxr or CONTESTANT AID
pgoTEsTAST.
..,.r.,er and receiver should lie tustasned
- The application of Y. 7. Warner Tor
s.ssssiag Tsasons;
-..... rom The United states COST end
80 ssryeys and the surveys ~ publ.e land,
- The diagram Oh file, that the land
80 = eute Cd hy this application il COW
a. navsgelae waters Of Puget sound
-. = Asiow the line 81 ordinary high tie
- below the Inc OF ordinary Low tide.
-. a. examination OF the source. Of title 10
= - AZ isnds and the laws governing the
e eonelude that they afe not vacant
s.,sbs Unite. States, within The mPan
100 a.. os congress Of January -. 1858.
:. ~ sar the Relief Of the Widow and or
:. eslIsYoa ol Colonel william X. Mckee,
4 Lexington, KY snd that this applies-
= su properly rejected.
s... hen well settled by the English law
49, syslera Of decisions covering period
smysr. that the title 10 the sol, below the
- ,.xr mark OF nasigable waters, was In the
- .na thev are eisssed among the regalia
~.s,pssilve rights, as incident 20 the powers
ssgguuent for the protection Of the realm.
: vrsis,iou Of marine revenues. and in the
sxxst. Of commerce ! Blackstone Com. 2gs.
= Blackstone tom II, 100. 1es. sslden,
"a c1sasu,a. hb. 2, c. =. -: faitty's prerog-
e.ssithe Crown, lse. I73. 90. Kent Com.
| { Brss.on. lib. 3. ser. iIo-
i'll il has been universally held by the courts
sas country that the crown holds this pro
! ~ solely a. trustee for the pubic, and can
vsmasey it TO a subject. In Parker vs.. Bates.
.FaEeFiag. shaw, g. j.. speaking OF the iaw VI
tGand, said There the rule is that the right
ssrepersy 10 high water mark IL in the crown,
Hais deemed u be 80 held in trust for the use
.. bene6. oi all the kings subjects, and, there.
Dr. such right OF property cannot he granted
ne crown 10 a subject" Arnold ". Munday,
.sas, /. Il, q, - Bell Va. tough, = y J.
lr ta, eSa Clement IS. Burns, A y. H.. 6e9.
q Marin vs. waddcil, 10 Peters. Ss7. Calves.
BE- vs. gesafi. - Texas, $40. Chapman ~.
Ttnbal, Com 81. McManus IS. Carmichael,
tIsxsl9.
he Enriish possessions in America were rot
GAINED bY right u conquest, but by right Of
aiseosery For, according TO fhe principles of
International law az then understood by the
e!silirsd poxers Of Europe, the Indian tribes in
lie new world were regarded n mere temporary
occupants a the soil. and the absolute rights
OF property and dominion were held 10 belong
10 the Euroresn nation by which any particular
Jestion nf fbe cogntry was FIRST discovered, and
D. terriiop was disposed Of by the govern
uis Of Egrope al their pleasure, as II IL had
wn found without inhabitants. The gssnts.
ssreiore, TO the colonies were not OF the lands
- BY conquest: nor were the government or
rs They we're authorized TO establish intended
IA sogquored people; but the rights OF the
~ yisFs were determined by the laws of the
ssksf country Bogardgs VS.. Trinity church,
All; Is Wendall I'LL.
Esscs. the colonies received their estates and
eos in Tie same condition In which they had
MI hed by the crown. and upon the same
rass aud whatever was held by the crown as
ssssreign right passed 20 the colonies In the
sne character. aud, therefore, the colonies
VI tile 10 the shore and soil covered by navi-
ase waters by virtue of their sovereignty dele
psi 10 them by the English government. and
sseei % The same public trust which has been
~ BY our courts TO restrict the crowns power
vlenation, and AZ the time OF the Revolution
~ the compact of the original states se find
sseoonies enjoying full aud completes owner
sBtc AZ lands below The highwater mark aud
Hss'sd with navlgsbie water.
When the Revolution took place. the people
each state became themselves sovereign, aud,
alss character, held the absolute right "a all
as.r Bavigable waters aud the soils under them
EtAeiT own common use, subject only 20 the
hsals since surrendered 10y the constitution"
ssrin W waddeli. 10 Peters. 40: Mumford IS
ss'ise'l, Mgilsce. 40; Gilman rs. Philadel-
"a Wallace 20,
iae original states have never surrendered 20
estaed states one particle Of their soyer-
fsa9 over the lands covered by navigable
MIR. and we are. therefore forced to the con
sassoe, which is well established by the
sslAoFiiies. that the ortgins; states had com
fsse and unqualified ownership IN al lands
ssis' IN Those embraced In this application.
W. That isey held them. not as proprietary
af'esa but by virtue of their Inherent Sos.
esgn,y
me land embraced within the territory OF
ssaingion was acquired by the t'ait,d states
2 aissoVefy, AMI tiie "a the shore passed to
Ne general government. bug not as proprle-
y I
AeopSi'ntlon eanaot scqrre territory 80 be
as.a As colony. 10 be governed a. lis viii, and
'fasaie but &c may acquire territory WHICH
Eee time has Hot population that ats it 70
es,Hae a stale. and may govern il IS q territory
nv II hss population, which. In the iudx.
esatoi congress, entities IL to DC admitted as
'ais INTO The luton. bred Scott - SsndguFd,
Howard, ss6i
- o'her words anon the acquiring of THIS ter
.~s3 uy 5he United states. tie theory 81 car
800 government contemplated the forma
=. e' hes state, and although thr coUsf,iu-
- merely provides that "new states may ~
''al''ed icy iAe c1ngfees ,n,n size T. liou we
-. tas' under proper intcrptetiou o. the
.asRsa law. ana hy CUR state aud federal au.
.ss'''es the nsiuv II THE goveygraeats estate
= INCEPTION IS a. sifuSi. q trust Tor The pub
= ADJ 'Eust for 'he future state
saa his Trust 60, the future state IS not
AfNi'SSi onv hri IA sttualIty liv ne at al
'ss'eSs sPpfo' - March z ISsS. an act 20 as.
- the leyrlF0t 81 government ~ Washing
! teEfi'ory 0as lsid az which hal a vested
!. 81 ~ Some fu'u~r day "a lie aud become a
'e' upon ne Performance 81 certain cnndi.
~. PRECEDENT, tbis right "a e. sad l-scon,e
AS right vested ln aod belonging 80 the
- q aud leIF.,o-y Itself aud congress eaa-
: sc q aNss IL IS lrUe that 81 congress Is
I. ~ i1e p"weg am authority - ciothe thas
' ere night VITA Az operating force AMI - call
-. -. hSslS 50 time which may sut' It's vii.
! ! :" = o9iy rs 10 the um Wheu aud anae1
=. VeaGllioDs taiS vCstoi rtshf shall come
e''s'eaov thai congress hiss control ana
!. sA' fifhi H., Il exists igom the mem,ut al
-. 'Hh'Suoa 81 the territory $50 is cerSSiuly
- - -ioA TIE formation oi territorial gov
-. Feoetsi government the7cunan assBncs q
- ''I That tatUEe state sut binds it.rli -
- ,'e>e land Ulu, tae state can a,-uisr
p intact tS tigIHe az Der sovereignty ss.s
1's'' 'sia taa, iaV Cul,cd STATES ccolt $50
= fferf F.s.y '-'e e. Ihis class e. ANTS
= NNeFnrf Ft Etta r.sss.rs.fs