Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1889-10-18
The Tide Lands Saved.

SEATTLE, Wn., Oct. 15.-Register
Reed and Receiver Hayden today,
rendered two joint decisions, rejecting
nearly every application made to file
scrip upon the harbor fronts of Tacoma
and Seattle. The decision affects all
filings made within the city bounda-
ries, and therefore includes every Ia
coma filing and nearly every one made
in Seattle.
The first decision II upon the appli-
cation of Frederick w. Snow to locate
Valentine scrip on certain lands in
Tacoma. 1t is recited in the counts
of the decision that Valentine scrip
can be filed upon any non-university
public lands of the United States il
unoccupied or unappropriated at the,
date vi application. Their finding is
by the decision of the honorable
Acting Commissioner of the General
Land Office Of the date of September 6
1889, lands that lie between high water
mark and low water mark on the
shores of Washington Territory are
public lands OF the United States, and
if unoccupied and Incorporated are
subject to disposition by the United
States under this class of scrip. (Sec.
16, Copp l.. d. 63, page 1861 While
there is no evidence submitted with
the application showing whether the
tract applied for comes within this
class of lands known and designated
by the Acting Commissioner in his de-
cision as aforesaid as tide lands, We
assume that the tracts applied for are
such tide lands" or "shore," and are
within the proviso OF said decision as
such. If there were no other question
arising than this we would allow the
filing under the authority of said de-
cision, but We find that the tract APP
piled for is within the corporate limits
Of the city OF Tacoma, which was duly
incorporated as a municipality by the
legislative assembly of the Territory of
Washington, and approved February 4,
1886. [Session laws Washington Ter
ritory 1867, page 1874. This tract
being public land under the Commits
sioner's decision above cited, there can
be no question of the right of a NUM-
cipality to extend its corporate limits
over the same. Sec. 1928 r. s. Of
the United States. l Warlworth c. c..
359. City OF Grantsville vs.. Mcbride,
2 Copp L. d. 1897 These two propo-
sitions being conceded it seems to us
under the decision OF the department
this tract is not subject to location
with this class of scrip. The Secre-
tary of the Interior in the case OF Val
entine vs. City of Chicago &c Copp l..
d., page 22), reversing the action of
the Commissioner of the General
Land Office, holds that this kind
of scrip cannot be located with
in the incorporated limits OF city or
town, and although the same case has
been brought before the Interior De-
partment twice since that date, it has
refused to disturb the doctrine above
set forth. [Sec 2, L. ID. 1888, 5; l.. d.
$50. See also to same effect, 3 l.. ID.
200, and TOWNSHIP of Seattle vs.. Valen-
tine, Copp, L. ID. 1871 These cases,
as far as VIC have been able to discover,
have not been modified or overruled
by the department, and The construc-
ton of the law .s therein set forth
must be the rule of this Office until re-
versed. We therefore refuse the appli-
cation of Mr.. Snow, allowing him thir-
ty-one days from this date in which to
appeal to the Commissioner of the
General Land Office.
The second decision, also rendered
by Register Reed and Receiver Hay
den, refers particularly to the scrip
filed by Evan Warner, holding that
Mckee scrip has been located upon
surveyed tide lands on the harbor
front of Seattle, and that the sections
filed upon are not vacant lands as re-
quired by the Act of Congress grant
ing such scrip; also that they are not
unoccupied and unimproved. Being
upon occupied lands, the Land Office
considers this sufficient cause for dis
posing of the applications. An addi-
tional objection is taken that the
tracts filed upon are not lands, but
navigable waters used for commerce
purposes.
1t is believed here that these decis-
ions cannot be reversed. There is con-
sternation among scrip filers, and they
will Immediately appeal to the General
Land Office at Washington,