The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-10-23

Srectsi Dispatch 20 The Post-rntellfEen-er
OLYMPIA Oct 2@--$0 steps aAve ye.
beer taken ~ ne several Soaaa estes af
the stats a protect their interests 4 any
they have. n the tide land fuad. wh.ce
sctins n a-cercanee with adviee from .bs
assistant attorney genera the state treas
Urer viii socr transfer - tbs Seneral faud
and use II t5k-aS Gp general warrants In
thssr order
BY ar at approved Ma-ch n 1851. Is -er
sent. % re proceeds derived firm .hs sale
of t36e lands within the limits % any la-
corporatsd city g toEn. or wlthln one Ynl'e
on either side thereof was sRz aside "a a
special fund for permanent frap-1Vernents
in the Aarhor ~ such rity Or sown.
The point ugon watch this r.ght -
transfer q funds seems 20 depend q as
% whether there vas t~ust crca-ed hy
the act of fssL. IN regard 20 rh.s Assistant
Attorney Gegsral Vance says, ia MS
opinion
The supreme court IN their andinSs IN
the case of the state tx rel HAil"r vs.
State Treasurer YounE decAEe3 50 declare
the existence q any rust and tnsre a.-
Ing no trust there could be no question
q the right of the transfer"
Supreme Court He's Not spoken.
The supreme court as a matter - fact.
did not declare the existence of a trust
IN the case cited neither dsd Il derv igs
existence. bat refused 10 pass upon the
same in this language:
"Relasor advances another reason why
he should be interested in naV3nS the var
raLts paid only vita funds legally avail
scle Tor that purpose. he urges that x the
treasurer paid the same WITH funds not
lawfully applicable therefor the act
would not be binding upon the state and
that The state couia recover the money 50
ualawfuily paid We think there Il much
force in the suggestion. bat the import
snce of the question forhids that We
should determine it n a case IN which is
determination = not necessarily involved.
This language would seem 20 Indicate
that the court had This very paint Ia mlnd
when this opinion was written. and the
question OF the existence - a trust not
having been raised in the case under dis
cuss.oa. the court. of course. refused %
pass upon Il.
t4tfex May assert Their Claims.
This being the case. Z would appear ike
" thac. when the ohliteratlon % The tide
land fund is actually attempted BY the
state treasurer. one of the cities interest
81 Will take steps 70 ascertain 4 us inter.
eats are lnterfsreG with thereby. IN other
words, II me cities really have lost all
rights in the tide land fund since the
peal act q 1895 Even = x were declared
that this act had really wiped oat the tsae
lard fund entirely. It still seems % be
question Z they did not have ar Jnderla-
BE right - 3 per cent. thereof prior
&c the tine % The repeal
II relation 20 thls fund section 2i27.
HIS Code. volume l.. provides That -au
keeping The account y thls tund the state
treasurer Is directed 20 cref.t each haroor
with The auognt reserved for sale ~ ti1e
lands and sehlt eaen h4r5or Ees
warrants drawn Ter improvements there
in"
Thls section has never been regarded and
there has been no segregation ~ thLa fun8.
j. ~oul3 now entail 4 great amount - Ia-
bor % ascertain wn&t r. Testi.y due ear1
clsy.
No Doubt - Is Trust Fand.
Col II. 2 Gsrretson. q Tacoma author
% tire law q 1881. was in thss city today
ard talked w.th y5ur correspondent re-
g2r3lng tnis matter he s0.8 tha-e was 20
doubt In his mind regarding tha iH.ert5ea
of che legislature - create q trust fgnd
for che cites be- as author - the meas
ure. certainly had This 3ea IN view Egr-
the-. be SAID
-'Ti seemed v-se 20 80 q, hecsure the far;
.eat . rer cent. 70 - received IN each
harbor would ha applied % tre fnerove-
nsent ~ haFhers vas an fadu-srart 70
purchasers 20 Day better prices Tnfs
gzmn7t vas 1ssd Cd t6e leglsistur. uf lssI
20 prccgre tne enactment of the lsW re-
serred to-
smount Tnv>tv~s a-s tts Division.
According 20 she last report - Lsnd
Comm fesle-er Earrez. tAp vat.a ~ rrs.
ciass toe lands Toy wnich deeds ard cen-
tracts have heeu is-aad 90 Fzte NOV sshe-
/ ls'G. was t*gfsltT since ts7 6s.e 80
that report. ard ur to trtH e5~ne r-1e
amount has been f-e-e7se5 approx tr1 statT
- "a co. According 90 tae seata .TszS-
u~er's iast vsp0r-. tAere vas ffHzi1- ar-
uai cash fn IRE tide lan3 taas ard zoas
I2f1s sd1sioEal - tle same slnt .uves-sI
g. general fur1 warTarl Tae balance af
TIRE amount 5as shls fund l. 10 cs.ee frlert
6ffeFre8 mems On tIss }aG3 contracts.
- a 1istri1u-i7n was u.aas or tse = per
cent. 58sts ss1tsie 81 as estimated wauif
receive more .haa al the o'ser ctties COM
hlaed. izclg5l1g Tsc1ua. arla would
receive f3r her Eaacs- NOR srs1 az .sa
remainder q the e4-ies ccuaetrsa. sK~er.-
lax Seattle After Saa-sle Ard Tacoma
has received f1eir pro rs.a tse -enaln3er
would 81 pretty evenly 1lst5ed among
ne osher su8tizr cities on zee SQUAD gaerz
tide laa3s have 6een sold.