The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-07-02

lapertans work Already Done-Tids
La.a Case Befsrs supreme Court.
Mr. E.assus Brainerd, of the state land
commission. returned to this city last night
from Olympia. where he has been for the
past week When asked BY Posr-ISTEi-
LiaEScxR reporter about the work Of the
commission. Mr.. R:ainerd said:
The commission has been in almost coutinu-
Gus session since June Is holding tvo daily and
N evening session Tho meetings have been
attended By full board excep. myself, who wss
absent three days .: the outset anc Mr. Forrest.
three days has had the p-essing business OF his
once 20 c.cse up sor the end OF the month Mr..
Reed. NJ shannon sad NJ. Coweu, the secre-
tsry. have mot missed meeting.
The WORK OF the commission has consisted
chiefly in preporing rules and regu atoms upon
aeonprehe usive and systematic plan. covering
al OF the several departments CT the work
You kaow we have the state granted, school
and tide lands. university aud capitol lands,
haroor hne areas, and IN fact all of the public
lands 70 provide regulations fos governir 8
their selection, survey, apps aisal. lease aad
sale: also, blanks and forms covering oil OF
these departments These rules, regulations
ing the coming week. They have first TO be
approved By the state printing hoard, which 10
composed OF several state ofseerA
The board OF four men, IN addition to such
new work, now has to do the work done by Eve
former commissions composed of from three 10
hye men each. and II has kept the board busy
preparing for its routine work.
We found the records in the several depart
meats unsatisfactory. incomplete, and in some
instances missing. The state has absolutely no
record OF its school land leases. for instance,
and no Geld notes Of any OF its surveya
Incidentally ws have disposed OF some i'm
porfans propositions First, . rule granting
extensions OF The time OF payment on school
land purchases In cases of bona dde purchasers
for improvement and occupation. but not for
speculasors. Cnter the law Q school land pur-
chaser now for!eiss his title and payments al
ready made after six months failure to pay the
annual payment and interest due. As the land
Is the beat possible security, VIC have decided 10
extend the time of payments, as the law allows.
. further six months in deserving caseA This
will prove great relief TO poor settlers. and
We taSe ts the state does not wish 70 play Shy
lock with its good citi1enA
The matter OF the tide lands IL most confus-
Ing. The PosT-INTHILlo8xc1R has already
printed the news relating to our actions con-
cerning them. and OF our attitude towards the
old and the new Law. notice that Mr.. Allen
Weir, who II attorney for some Clailam county
applicants for purchase. holds that the decision
nu,iiiy preference rights in and to all
tide lands not heretofore sold ~
granted by the act OF March 70, lso0
This Is not the belief of the board. The three
members who have attended the meetings 1t
which the matter has been under discussion
are OF the opinion that preference rights granted
under the old act are not touched BY the new
one. The new law declares that ali the pro-
visions OF the Law hitherto applicable to the
tide land commission shall, % far as
is consistent with the act OF lse1
b made applicable 20 the board
OF state land commissioner We can see moth
ing in the law OF s3 which either directly or "in-
cidsntally," - Mr. Weir puts it. abolishes intend
Ing tide land purchaser preference rights. We
do believe. and the question has also been
raised BY the action OF some OF the appraisers,
that the county boards Of appraisers Of tide
lands, appointed under the old act are
abolished and their appraisements are null
under the new act In cases where such lands
have been surveyed and appraised but not sold.
1t il to determine this question that the board
have sent an agreed case to the supreme court
Judge Gordon. OF Thurston county, On the
agreed case of Mr. Weir. denied his motion to-
day. and the case was appealed to the supreme
court by Mr. Weir. Here Is the statement Of
facts aud the questions raised:
Question l. Are not sections 8, S ana OF the
act OF March q, 1870. providing for iocai county
boards OF appraisers, aud defining their duties
in relation To tide lands, Inconsistent with Sec
ton . OF the act OF March Is ls93 creating the
state board Of Land comm ssioners. which speci-
mes that ali appraisements heretofore made
under existing laws, when sales have not yet
been made, are annuiied, and that all such
LANDS shall be appraised and sold ~ provided in
the act OF March Is, ls93: And. II thus incon-
sistent, are not the aforcsaid sections 8, and
OF the act OF March q, 1880. repealed By sections
5 and 81 Of the act OF March Is. 1898, aforssaidr
Question ?. Ifsections 3 and Of the act OF
March q. lS90, are repealed - Inconsistent and