The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-02-24
SCHOOL LAND TITLES.
Wa1la Walla Judge Decides That Legis-
lature Faiied t. Confirm Sales.

WALLA WALLA. Feb. %. - Especial. l.
Judge Upton handed down an important
decision in the superior court today in the
case of Elizabeth Romine VS.. State of Wash
ing'on and W. T. Forrest. as general land
commissioner of the state. This was the
case commenced by Elizabeth Romine
against the state to acquire title TO
certain piece of school land
purchased in this county from the
county commissioners acting under
the laws OF 1868, and TO restrain the land
commissioner from offering said lands for
sale to the county. The state, through
Attorney Blandford, filed demurrer to
the complaint, on the grounds that it did
not set forth the facts to show that the
county commissioners were acting under
the authority of the laws of 1868 in selling
the lands in controversy. The argument
was made some time ago and taken under
advisement until this morning. The de-
murrer was sustained, and in rendering its
opinion the court says:
am satisfied that the acts of congress rsserv-
iEg sections Is and S6 were not grant, and
that tae territory never had title to these lands
This seems to have been the opinion of con-
gress, for il Afterwards asserted dominion over
them IN many acts. Tor example. the enabling
act, and OF the territorial legislature for il au
thoriSed the giving of only quit-eletm deeds;
and of tho state Legislature for il recognized the
fact that those who had purchased from the
t0rritory had still to mcguire title. In fact, the
state is not the absolute owner of the sehool
lands now, but merely holds the Legal title in
trust for certain uses. Yet unquesGiolably the
constitution granted the legislature power to
confirm such sales. 1t is strenuously, and
think corrs tly, contended by the def nd.nts
that the provisions OF our constitution are in
conflict with section IL OF the enabling act,
which provides that no school lands
shall be disposed of except at public sale
at cert-.n price 1t will be observed that
the constitution gives only 70 the legislature
the power TO confirm these sales, and it is by no
means clear to me that the legislature has ever
confirmed them. Instead of enscting, as it
seems to me, the constitution would require
that "all sales made" under certain circum-
stances "are hereby confirmed" and giving
Claimants right 10 obtain the decree OF court
that the sales to them were so made. the legs
lature seems to have sought to shirk its responsi-
bil!ty by authorizing an act, which 1t may be
noted, the governor refuses to approve, by
which the claimant was to secure a coniirma-
ton from the superior court. The sct of lSsS
conferred the authority to sell to no persons ex-
cept such az IN person or by their grgntors
had made or settled under the provisions OF the
donation or pre-emption acts, and wers in pos
session at the time Of the passage OF that act,
and consequently the commissioner were no.
acting under authority confirmed by that aet
except when selling TO such persons The com
plaift in this action does not aliege that pie in.
tiis' Gran,ors were such prisons, and hence the
demurrer must be sustained.
There are several other cases pending in
the superior. court similar to the Romine
case, but will not be heard until this one
is decided by the supreme court, to which
it will be taken. 1t is expected that the
complaints in the remaining cases will be
amended in conformity 10 the opinion rem
dered by the court in the case above.