The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-03-06
THE SCRIP SYNDICATE
Takes Up AnatEier Piece of Ia
coma Harbor.
Diverse views Az to the vaiae ei
Valentine Scrip Filed en-
Tide Land.

y
that the Valentine scrip syndicate had.
as predicted in the Posr-IsrELLI-
sEScEE. attempted to file on another
piece OF the tide land in Tacoma har-
Dor. The piece attempted 10 be flied
on yesterday is the southeast quarter
OF the northeast quarter OF section s..
township q, range 3 east ct the VIII
annette meridian The party who tried
10 do the filing for the syndicate IS
Francis Bison. of Pierce county. IL
was also learned that on February
sth A. c. Going attempted to file on
the southwest half OF the southeast
quarter OF section IS. township u
north. range 5 east of the Willamette
meridian.
On February John Leasure at
tempted 10 Gle on the northeast quar-
ter OF the southwest quarter of section
IS, township 81 north, range east Of
the Willamette meridian.
On the same date John Leasnre at
tempted to Tile on i0acres in see. 81. All
the above described land Is located In
Tacoma harhor. In each OF these in
stances Valentine scrip was used
This shows that the members of the
syndicates have great faith N Valen-
tine scrip. In short, they believe il to
be inEaiiinle SO far * tide land is con-
cerned
Register Baird refused the applica-
ton in each of the above mentioned
instances. On the application made
yesterday by Francis Bison the regis
ter wrote: This application Is refused
for the reason that the land described
is considered to be not subject 10 the
lValentinel act of April 5, 1872. A
special certificate of location IL issued
IN pursuance of said ast 10 the party
who wished TO make the filing"
At the land office il was learned that
the parties who are cnieavoring to OBJ
tain 8 title TO the tide lands BY means
of the Valentine scrip wish 70 get the
matter before the United States su-
preme court as soon as possible. They
wish To have decision which will be
final at the earliest opportunity They
feel very confident that the Valentine
scrip viii hold the land. One OF the
syndicate said yesterdays THE Val
entine scrip viii hold the tide land in
spite OF hades and high water.
Views are diverse as to the utility of
the Valentine scrip in holding tide
lands. One prominent attorney held
that no act OF congress can in any
manner affect the title OF state 10
tide lands. That the supreme court
has so decided in the case of Pollard's
lessee vs.. Hagan, 3 Howard. 2i2, when
it was observed by the court: We
think a proper examination of this
subject will show that the United
states never held any municipal SOW
ereignty, jurisdiction or right of soil
in and 10 the territory of which Ala
bama. or any OF the new states was
formed, except Tor temporary pur-
poses and to execute the trust created
by the acts OF the Virginia and Georgia
legislatures and the deeds of cession
executed by them to the United States,
and the trust created by the treaty
with the French republic OF the 3oth of
April, 1893, ceding Louisiana
The decision OF Judge Deadly in the
United States circuit court for the dis
trict of Oregon in the case of Shirley
VS.. WEIGH, carries out the same idea
that the United States has no iurisdic-
ton over the tide lands of a state.
The same attorney thought the scrip
men have been mixed up on the tide
lands and those that are now known
as the swamp and overtiowed lands.
There is vast difference between the
two. The United s ates has a right to
reserve the swamp lands but none to
reserve tide lands.
Another attorney held view exact
ly opposite to this. He said, of the
people of the territory through their
representatives i'm the constitutional
convention accept the terms and con-
ditions OF the enabling act, as recently
passed by congress, it will necessarily
involve the acceptance Of the urovis-
ions giving the tide lands 10 the
United States. If they do not accept
this section it will postpone the admis-
sion OF the territory. as all OF the pro-
visions OF the bill must be accepted or
none. There can be no partial accept
ance of its provisions.
THE very fact that the section con-
corning the tide-lands was first in the
enabling act shows that the title OF
the tide lands was vested in Washing
ton Territory; but il the terms are ac-
cepted IL will be in the nature of a
contract between the territory and
the United States, and the former will
necessarily give up its right. lie and
interest In the tide lands If it accepts
the enabling act as at present framed.
Therefore, think ii the people OF tins
territory accept statehood i'm the form
offered 10 them. IL will lose them the
tue lands, ans the Valentine scrip
will hold them ~