The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-07-25
UNsURvEYKD SCHOOL LANDS.
The Attorney General Question IN Ac
of Congress.


of Congress.
An important opinion by Hon. W. c. Jones, OF
Spokane, attorney general of the state, with
reference to the rights OF squatters on school
lands who acquire title before their claims have
been surveyed, was received yesterday by Hon.
w. I. Forrest, commissioner OF public
lands. During the time that WASH
ington was a territory whenever man
settled on strip Of school land
before the same was surveyed the schools lost
il. few days ago the question Of squatters'
rights again presented Itself to Commissioner
Forrest. 1t was the first time the matter had
ever been considered since Washington became
. state, and Mr.. Forrest referred the matter to
Attorney General Jones. and this opinion on the
law was received in reply. 1t begins by quoting
the question put by Commissioner Forrest:
Calling your attention to section of the en-
abling act, providing for the admission of Wash
ington into the Union, and also to an act OF con-
gress approved February Is, 1891, entitled "An
vised Statutes of the United states, providing
for the selection of lands for educational pur-
poses in lieu of those appropriated for other pur-
If any, parties may acquire who have made set
Element, subsequent TO the admission of the
state into the Union, on unsuryeyed lands
which, upon survey, are found to be parts OF
sections Is and So.
The section of the enabling act to which you
refer provides: "That all lands herein granted
iOf GQuc&LlOQ6k puIpOssb bua1l Dc QiBpuSsu ia
only at public sale at price not less than $lo
per acre. And such lands shall
not be subject to presumption, homestead entry
or any other entry under the land laws OF the
United States, whether Surveyed or unsurUeyed,
but shall be reserved for school purposes only.
Subdivision ID, section 4, of the same act pro-
vides: 'sThat the people inhabiting said pro-
posed states do agree and declare that they for
ever disclaim all right and title to the uuappor-
toned lands lying within the boundaries
thereof" etc.
Tba contract ~ treaty. which tha limited
States thus required OF this state was necessary
to prevent the state, If Ii saw 1T, from assum-
ing absolute jurisdiction and control over all OF
the Incorporated lands within its territorial
limits, power " hich, ii unimpaired by such
treaty, would be of the inherent attributes OF
the sovereignty created by the admission of the
state into the Union. 1t will be observed that
the people of the state only agreed to disclaim
all right and title to the unappropriated public
lands, but by the provisions of the section here
tofore referred to, sections 16 and So were I'M
eonditionally appropriated to the sole and ex.
elusive benefit and use of the public schools OF
this state, and the people OF the state by the
compact heretofore referred to have never
agreed that they would disclaim the absolute
right and title to lands thus appropriated for
the benefit of their public schools.
The act to which you refer, viz, the act OF
February IS, 1891, was passed by congress after
the admission OF the state into the Union, and
is manifestly attempt on the part OF congress
to dispose, without the consent of the state, OF
lands which are the absolute property OF The
not the power TO do this, and that no person can
acquire any rights against the state by making
settlement on sections 16 or So prior to the sur
yey thereof.