, 1889-08-08
A Remarkable Memorial Pre-
sented to the Constitutional
Convention.
Solution of the Tide Lands Prob
lem Proposed by Sound
Citizens.
The Clam Industry to be Pro-
tected and Awards
Made.


that the following additional sections
may be Incorporated into the article
on state school and granted lands:
SEC. -. Whereas grave doubts now ex-
list, and have existed, in legislative and
judicial minds since the day when
Moses was found in the bullrushes, as
to what constitutes tide lands in law
and in fact therefore, in order to
settle that question forever 1T is hereby
declared that the true definition of the
term tide lands, as established by i'm
memorial usuage on Puget Sound is
"muck amuck Illahe, 'or clam lands, and
that all lands and waters producing
clans shall be held and treated as tide
lands as hereinafter provided.
SEc. -. Whereas said lands have been
exclusively claimed and held by the old
settlers by right of discovery and occu-
patton as tenants in common for fishery
and pasturagc for "a time to which the
memory of man runneth not to the con-
trary, the tslo of said claims to said
lands in fec simple is hereby acknowl-
edged.
SEC. Said tide or clam lands shall
hereafter be held in severalty, and to
carry this provision into effect the gov
ernor of the territory shall Immediately
appoint a commission TO take census
ofthe old settlers upon Puget Sound,
SEc. The county commissioners of
every county abutting upon the Sound
shall Immediately appoint board of
viewers, one af whom shall be II sur
veyor and the other two old settlers,
whose duty it shall be to view out and
estimate the number of acres of tide or
clam lands in their respective counties,
and to mark them OIL by driving four
poles at least eighteen inches ut the butt
/ at each of the four corners, which stakes
or piles shall conform to stakes and
mounds prescribed in the regulations of
the secretary of the interior for the sur
vey of public lands, except that the
mounds shall be n ade OF clam shells in
stead of earth or stones. The piles or
stakes shall be plainly marked with
words clam lands and the name of the
county in which said lands are situated.
Said viewers shall he governed by
the road laws of Washington territory
so far as they may be applicable, but il,
i'm their Judgment, such laws do not con-
| tain sufficient legislation to cover the
case, they may make such additional
rules for their own government as they
may deem necessary, and for that pur-
| pose the same powers are given to them
as arc delegated to railroad commission
ers under section 2l of the article upon
corporations in the constitution.
SEC -. As soon as the census COM
missioncrs and the land viewers have
completed their duties they shall re-
port the result of the same to the
/ rnrarnnr nf fhp fnrfiinrN whn shall
( thercupOn proceed to divide the total
number of acres of tide lands by the to-
tai number of old settlers, after adding
/ the number seventy. eight thereto, and
thereupon it shall be the duty osviewers
heretofore appointed to proceed at once
to divide all said lands into as many lots,
each containing such number of
acres (given as the result of said divis-
ion) as there are old settlers with seven
| ty-oight added thereto as aforesaid,
marking said lots by driving one pile at
| the four corners of each lot which piles,
or stakes shall be plainly marked with
/ the number of lots faced by the several
sides. of said piles or stakes.
| SEc, ----. When said tide or clam
/ lands have been divided into lots or
marked As aforesaid, 1t shall be the duty
| of the governor of the territory or state,
as the case may be, to issue his procla-
nation to the effect that said tide or
] tltIu ltlIu1 VIII bt 'llNlbtu III HtNtlNllN
among the old settlers at a time and
| place to he fixed in said proclamation,
which time shall not he less than sixty
| DAYS, nor more than sixty years, after
the first publication of said proclama-
tion.
SNc. -. At the time and place named
in said proclamation the old settlers
shall proceed to divide the said lots as
| follows: The name OF each old settler
shall be written upon n separate slip of
paper, and the number of each lot shall
be likewise written upon separate slips of
paper, which said slips of paper shall he
placed in separate revolving churns,
that Is to say, ne Slips ol paper contain
ing the names of the old settlers shall be
placed in one Churn, and the slips of pa
per containing the numbers of the lots
| shall be placed in another churn, and
thereupon said churns shall be turned u
sufficient length of time to make
butter come provided, itt that If
frcezcrs may be substituted and
provided further, thai before said
| slips of paper containing the. number of
/ lots are placed in the churn as aforesaid,
the Hon. Edward Eldredge and Francis
Henry shall pc permitted TO select two
lots each the governor one lot and each
OF the members of this convention one
lot, and the numbers corresponding with
the lots so selected shall be given to the
persons selecting them and said lots shall
henceforth become their property in fee
simple after which said shaking
shall shall ,,i,o,,p take place ,hsrans and upon upon
| person to be selected by the old settlers
| shall proceed to draw the tickets from
| the churns, one from each churn at a
time, and the number of the lot drawn
shall be the lot of the old settler whose
name is upon the card drawn from the
other churn ut the same time.
SEC. -. Upon the completion of said
drawing it shall be the duty of the gov
ernor to issue to each of the persons, in
| the name of the future state
| of Washington, a warrant con-
veying the land drawn by
him in fee simple, and the legislature
shall at its first session, ratify and con-
firm each and everything that may have
been or may be done under this ar
ticle.
SIC. -. 1t shall be the duty of the
national guard of Washington TO main
tain the old settlers in their rights and
| for that purpose the article on military
affairs shall be cons idered in force in all
of its provisions, just as 1t read before it
was disembowled i'm committee of the
whole. AS tide or clam lands can't be
improved for tho use of old settlers,
by changing them from their
! natural condition, it shall be
the duty of the government to remove
all buildings, wharves filings and other
ercctions thereirom, and as near as may
be restore said lots to their primitive
condition, and in case the so-called i'm
provements shall have cxterminated the