, 1890-04-10
Why 1t Does Not Arp y to
Tide Lands.
SECRETARY MOBILES DECISION
Exhaustive, Intelligent and Inter-
esting Review of the Entire
Subject.

"N''f'i7 ~ AN'atNloilN w NNNHNlil'
,krlp upon certain portions nf the
lie lands in Washington. This is
he only complete copy yet received
in the state, and is therefore pub
lished exclusively IN the REVIEW,
II will he found interesting and In
structivo IA an exhaustive review
of the entire subject involrcd;
DEP,RrNFSr of rnS lSrERtoR,
WAsHiNorpS u. C.. March ~. lSsO.
In the matter Of Frank Burns, jr. Ap-
plicntion to locate Valentine scrip.
Tile Commissioner of the General
Land Onca;
Sir: ON January q. lsS1 Frank Burns,
Jr., made application To the register and
receiver at Seattle Wash, 10 locate Ger
tain pieces Of Valentine scrip, issued
for tracts of forty acres each, upon a
portion of the tidelnnds near Seattle, in
Washington territory, described In the
application by metcs and bounds. said
al plication was rejected for the reason
that the lands described therein are not
public lands of the United States WITHIN
the mean inr OF the act OF April ., lsI2
az statute 6in) authorizing the issnanco
of said scrip, and designating the char
actcr OF lands upon which ii may be
&Apcatcd
pon appeal from this decision your
Nice. on Septomter l6, iSsD, reversed
|Uho ruling of the local officers, and al
Bowed snd application upon the ground
that the lands in question are public
lands Of the United States; that they
are not mineral lands; that they are
subject to disposal by the United states;
that they are unoccupicd and unapprO-
printcd and thHt the claimant bus the
right TO locate his scrip thereon
While this. appeal was pending before
your Office the act OF congress Of Fshrti-
AIRY %, lSS9 (2i stat. 67bl was passed,
eunbling the people of Washington tor
ritory To form a constitution ana state
government, aud To be ud m ttod into the
Union upon an equal footing wit the
Original states. by authority of said
net the people Of said territory ON July
Il, lSsD In convention assembled, formed
r. constitution and state government, in
tncCordanCe with the provisions and con.
millions prescribed in the enabling act,
4and, on November T. lsS0 the president
tby proclamation. declared the admission
OF said state into the Union TO be COM
plete.
After the decision Of your office of
teptemher q was rendered, and prior to
the proclamation of the PRESIDENT, the
territorial authorities requested that, in
view OF the important public Interests
involved IN said case, they be allowed to
+. protest against the allowance of said 10
leaiions and to file an appeal from the
ision oi your oliice.to as to protect
BE- right and interests of the future
Itatc of Washington.
Several protests wcro subsequently
4 filled by other parties, claiming an inter
est in the lands In controversy, and also
an appeal was ilod by Bailey Gatzort,
one ofthe protestants from the decision
OF your office.
In Wow OF the important interests in
4 rAlynI 1 HtNnaNa.I l..r s,, ~
case be certified to me that n hearing
may be had upon the legal questions in.
volycd In said case, to-wit. whothc said
. lands are subject TO location a. public
lands Of the Lifted states leaving all
questions AS TO the respective rights of
the several claimants To be disposed of
hereafter IL Il should be determined
that said lands were public lands sub
ject to location and entry,
IL Is admitted that tho lands embraced
In this application are a portion of the
rhorc OF Duwamish bay, ain arm Of Pu-
8 get sound, over which tho tide da lly ebbs
fand flows; that they are below high
swater mark, and are donominated 10y
5the coast and geodetic survey AZ mud
flats, bare at low wator;' they have
never been surveyed and are beyond the
meander line oftho ofncinl surveys made
by the United States Of lands bordering
on said shore.
Your office held that all of the lands
within the territories Of the United
e1ates including lands on the shores be-
|Rcn high anil low water mark, over
hich the tide daily Gibbs and flows bo-
bug to the United States as proprietor
hnd are subject to It's Jurisdiction rs
tovcreign; that, until the ud dmis-on of q
q territory as u state into the Union, the
general government may, by virtue oil
such proprietary interest, grant or other.
xN 100 al itkWa. s.I Iat Ia. ha Of
tide waters as other public lands, sub
ject only to the conditions aud restirc-
lions that govern state in the disposal
oi such lands, after they have come
within the jurisdiction and control OF
the state as sovereign,
The prot estants contend that, while
the legal title to all lands In the territory,
including lands known ns tide lands, Is Ia
the United States and subject to it's jur-
isdiciion as sovereign, 1t holds such title
merely ms trustee for the people, aud
that such lands are not subject to
disposal OF the general government, but
must he held for the use and benefit of
the future state and this question has
been thoroughly argued orally, and in
briefs Of counsel on both sides.
IL N, however unnecessary for the
disposition OF this case 10 decide the
question whether these lands were sub.
ject to be granted or otherwise disposed
of prior to tho admission of Washing
ton territory AZ state into tho Union.
1t may Toe conceded Tor the sake of ar
gument that until the territory was
admitted ms a state and invested with
the jurisdiction of sovereignty over those
klRnds the United States, 10y virtue OF its
yercignty and proprietary interest,
Nd have granted or otherwise dis
ed Of them but no such grant has
Zen made, and the government has not
,rAls lad -.
specific lands claimed by the applicant.
All that the applicant claims Is that
they were public lands Of the United
States, subject to the location by Valen-
tine script at the dato of his applca-
tion.
The oct of congress oi April 8, 1872
t(lT Stat 6i0). authorized mid required
the CIRCUIT court oi tho United States
|for California TO hear amt decide upou
2the merits OF the claim of Thomas b.
r Valentine, claiming title under n Mex.
1can grant 10 Juan Miranda. but. us the
Hands embraced within tho limits of the
5erant had been disposed of BY the
United statee rs public lands, IL was
provded that I'm lieu there-
kgal representatives, NAV So
Iect, and shall be allowed patents for nn
2equal quantity OF the unoccu nj ed and
public lands of the
runiied States, not mineral and in tracts
mot less than the snDdi visions provided
pr In the United States land laws. and
surveyed when taken, 10 conform
pom surveyed to the general system OF
dVnited States land surveys; and the
compissioner Of tho general land Office
pnder direction OF the SECRETARY OF the
Interior, shall be authorized 10 Issue
scrip. In legal subdivisions to tine said
yaisntinc, or his legal representatives,