Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1890-11-07
THE TIDE LANDS.
Mud Flats Not Within the Scope OF
Law-High Tide the Boundary
An Interesting Decision by Judge
Hanaford.

week 10y Judge I. IL. ffanloru, OF II e
United States district court. The
court holds that under the lands laws
OF the United States, the line OF high
tide is the boundary between the land
and water, and that the act OF con-
grcss cannot he so construed a. to
authorize the entry Of mud flats or tide
lands bare at low tide, hut subject to
daily overflow. Following is the
opinion in FULL
United States Circuit Court Western
Division, District of Washington. Jacob
c. Mann; plaintiff vs.. The Tacoma
Land COMPANY. Opinion filed October
% 1891. syllabus of the court. Surveys
Public lands.
Under the land laws OF the United
States, the line OF ordinary high tide
on the shore OF an arm OF the sea is
the boundary between the land and
the water at which the surveys OF the
public lands OF the United States ter
inmate.
The act of congress providing for
the issuance OF Valentine scrip and
for its location upon unoccupicd and
mappropriatcd public land, cannot be
so construed as to authorize the entry
with said scrip of mud flats bare at
low tide, but subject 10 daily overflow,
situated in one OF the harbors OF Il
Territory, and which has hccn omitted
from the surveys made of public lands
surrounding such harbor.
This case has been submitted upon
demurrer to the plaintiffs amended
bill. The plaintiff claiming 10 own
three separate forty acre tracts Of the
mud flats in Tacoma harbor, brings
this suit for an injunction to prevent
the defendant from proceeding fur
ther with certain harhOr improve
ments it is making in from. OF land it
owns abutting upon the shore which
the bill alleges will intcicrc with the
plaintiff in the possession and use of
the premises which he claims to own.
The bill shows that said premises are
what is commonly known as tile lands
or mud flats and are situated below
the line of ordinary high tide; that
they are bare at ordinary low tide but
subject to overflow daily, and are not
within the surveys of the public lands
of the United States.
The plaintiffs claim OF title is based
upon the location thereon OF certain
land scrip called "Valentine Scrip"
The plaintiff and his vendors were
owners OF the scrip and they located
the same and filed the proper certifi-
Gates and declaration in the United
States land Office at Seattle, Oct. 80,
1889, which time was prior to the
Presidents proclamation making COM
plete the admission into the Union of
this State, but subsequent TO all acts
OF legislation and proceedings leading
up to that event.
In deciding this case, / shall leave
untouched the interesting question rs
to the power of congress to dispose OF
tide lands and in Territory and most
of the other important questions which
have been discussed in the very able
arguments made before me, my opinion
being such that it is unnecessary for
me to do more than pass upon the sim
gle question as to validity of the plain
tiff's claim OF title, and a single reason
for my opinion upon that question is
all that need be given.
The Valentine Scrip was issued
pursuant to the act of Congress Of
April 5, 1872, Q7 statutes of the U. s.,
649) for the relief of Thomas b. Val
entine, authorizing scrip to be issued
to him and authorizing him or his
legal representatives to locate such
scrip upon such unoccupied and I'M
appropriated lands of the United
States" whether surveyed or unsur-
veyed, as he or his representatives
might select. The act provided further
that such selection should be made,
if unsurveyed land, so as to conform
to the government surveys, when the
land should be surveyed, and in tracts
of not less than forty acres. This
statute authorizes the location and
entry OF land, which at the time of
entry either has been, or remains to
be, surveyed and included in the pub
tlic surveys OF the township, according
to established and known rules govern
ing the land surveys OF the United
States. And obviously it was not in
tended to give Mr.. Valentine, his rep
resentatives or vendees any right to
acquire title by use of such scrip to
any part OF n navigable river, channel
or harbor, or the bed or shore thereof,
situated outside the limits subject to
established rules.
A part of general plan and system
for the sale and disposition of the lands
of the United States, the laws provide
for surveys to be made, and officers
especially qualified to do that work
and charged with official responsibility
are assigned to the duty of sub-divid-
ing the land and locating and estab-
fishing boundaries. The lands sur
rounding this harbor have been by
such officers surveyed and the bound
ary line between the land and the
water OF the bay has been by this sur
vey located and established. The line
is approximately the line Of ordinary
high tide, which according TO all the
laws and usages OF this country, is the
boundary line dividing the land and
the water, and the limit to which the
surveys may lawfully extend. The
space which the plaintiff seeks to pro-
tect is not surveyed as land, and re-
mains unsurveyed because situated
outside of this boundary, and it was
regarded by the official surveyor as
Lo;,n ,ot Land of oil but aS wotpr