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Full text of "Pamphlets on forestry in Washington"

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FORESTRY PAMPHLETS 
Washington 
Vol. VI 

College of Forestry, 1917-18. University 

of Washington. 

Tree Planting in Eastern Washington. By 
0. . '.orris. Popular Bulletin Ho. 108, 

,shingtori Agricultural Experiment Sta. 
Tenth Annual Report of the Washington For- 
est Fire Association, 1917. 

Forest Club Annual, Vol. V, 1917. The Uni- 
versity of Washington. 

Public Land Laws, State of Washington. 1914. 
By Glark V. Savidge, Commissioner of Pub- 
lic Lands. 



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BULLETIN 

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SERIES I APRIL, 1917 No. 1O7 PART 5 

College of Forestry 
1917-18 



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SEATTLE, WASf^iNGTON 

Published Quarterly by the University 
1917 



Entered as second class matter at Seattle, under the act of July 16, 1894 



381884 




University Calendar 

1917-18 

(Superseding Previous Announcements) 

In view of the present war emergency, the University of Wash- 
ington has decided to adopt the four quarter plan for the year 
1917-18. Changes in courses and graduation requirements neces- 
sitated by the abandonment of the semester system will be an- 
nounced during the summer of 1917. 

FIRST QUARTER 
Examinations for admission and for exemption from College 

English and foreign language Thursday, Friday 

and Saturday, September 27, 28 and 29, at 9 a. m. and 2 p. m. 
Registration of new first year students 

Friday and Saturday, September 28 and 29 

Registration of all other students 

Monday and Tuesday, October 1 and 2 

Instruction begins Wednesday, October 3 

President's Annual Address Friday, October 5, 10 a. m. 

Women's Assembly Friday, October 12, 11 a. m. 

Assembly of the Associated Students. Thursday, October 18, 9 a. m. 
Thanksgiving Recess 

Wednesday, November 28, 6 p.m., to Monday, December 3, 8 a.m. 
Assembly of the Associated Students.Wednesday.December 5, 1 p.m. 
Quarter Examinations '. 

....Wednesday, Thursday and Friday, December 19, 20 and 21 

SECOND QUARTER 

Registration days Wednesday and Thursday, January 2 and 3 

Instruction begins Friday, January 4 

Washington's birthday (holiday) Friday, February 22 

Quarter Examinations 

Saturday, Monday and Tuesday, March 23, 25 and 26 

THIRD QUARTER 

Registration days Tuesday and Wednesday, April 2 and 3 

Assembly of the Associated Students. Wednesday, April 17, 9 a. m. 

Campus day Friday, April 26 

Junior day Saturday, May 25 

Memorial day (holiday) Thursday, May 30 

Quarter Examinations 

Wednesday, Thursday and Friday, June 12, 13 and 14 

Class day and President's reception Saturday, June 15 

Baccalaureate Sunday June 16 

Commencement and Alumni day Monday, June 17 

SUMMER SESSION (Fourth Quarter) 

Registration for First Term Tuesday, June 18 

Instruction begins Wednesday, June 19 

Term Examinations Wednesday, July 24 

Registration for Second Term Friday, July 26 

Term Examinations Saturday, August 31 



Registr 






UNIVERSITY CALENDAR 
1917-18 

Summer session .................................. June 18 to July 27 

FIRST SEMESTER 

Examinations for admission and > Thursd Frid and Saturday, Sep- 
for exemption from College tember at 9 & m and 2 m 

English .................... ) 

Registration days for new first-year j Friday and Saturday, Septem- 

students .......................... ( ber 7 and 8. 

Monday and Tuesday, Septem- 



Reglstration days for all other students. 

Instruction begins ........................... Wednesday, September 12 

President's annual address ............... Friday, September 14, 10 a. m. 

Women's assembly ...................... Friday, September 21, 11 a. m. 

Assembly of Associated Students ....... Wednesday, September 26, 9 a. m. 

Thanksgiving vacation.. \ Wednesday, November 28, 6 p.m., 

( to Monday, December 3, 8 a. m. 
Assembly of Associated Students ........ Wednesday, December 5, 1 p.m. 

Christmas vacation.. . i Friday, December 21, 6 p.m., to 

( Wednesday, January 2, 8 a. m. 
( Monday, Tuesday, Wednesday, 

Semester examinations ............. , Thursday, Friday, January 21, 

( 22, 23, 24, 25. 

SECOND SEMESTER 

Registration days .............. Monday and Tuesday, January 28 and 29 

Instruction begins ............................. Wednesday, January 30 

Women's assembly ........................ Friday, February 1, 11 a. m. 

Washington's birthday (holiday) .................. Friday, February 22 

Spring vacation ---- Friday, March 29, 6 p.m. to Monday, April 8, 8 a.m. 

Assembly of Associated Students ............ Thursday, April 11, 9 a.m. 

Campus day ........................................ Friday, April 26 

Junior day ......................................... Saturday, May 4 

Memorial day (holiday) ............................ Thursday, May 30 

| Monday, Tuesday, Wednesday, 
Semester examinations ................ -j Thursday, Friday, Saturday, 

June 3, 4, 5, 6, 7, 8. 
Baccalaureate Sunday .................. ...................... June 9 

Class day and President's reception ................... Monday, June 10 

Alumni day ........................................ Tuesday, June 11 

Commencement .................................. Wednesday, June 12 



THE BOARD OF REGENTS 



WILLIAM T. PERKINS, President Seattle 

Term ends March, 1920. 

CHARLES E. GACHES Mount Vernon 

Term ended March, 1917. 

WILLIAM A. SHANNON Seattle 

Term ends March, 1917. 

WINLOCK W. MILLER Seattle 

Term ends March, 1920. 

ELDRIDOB WHEELER Montesano 

Term ends March, 1921. 

OSCAR A. FECHTER North Yakima 

Term ends March, 1922. 

JOHN A. REA Tacoma 

Term ends March, 1922. 

RUTH KARR MCKEE Hoquiam 

Term ends March, 1923. 

WILLIVM MARKHAM, Secretary to the Board. 



OFFICERS OF ADMINISTRATION 



THE UNIVERSITY. 

HENRY SUZZALLO, PH. D., President of the University, Administration Hall. 
HERBERT THOMAS CONDON, LL. B., Comptroller and Bursar, Administration 

Hall. 
EDWARD NOBLE STONE, A. M., Registrar and Recorder, Administration 

Hall. 
EDWIN BICKNELL STEVENS, A. M., Executive Secretary, Administration 

Hall. 

ARTHUR RAGAN PRIEST, A. M., Dean of Men, Administration Hall. 
ETHEL HDNLEY COLDWELL, A. M., Dean of Women, Administration Hall. 
WILLIAM ELMER HENRY, A. M., Librarian, Library. 

EVERETT OWEN EASTWOOD, C. E., Consulting Engineer, Engineering Hall. 
DAVID CONNOLLY HALL, M. D., University Health Officer, Gymnasium. 
FRANK STEVENS HALL, Curator of the Museum, Museum. 

THE COLLEGES AND SCHOOLS. 

ARTHUR SEWALL HAGGETT, PH. D., Dean of the College of Liberal Arts, 
Denny Hall. 

ALMON HOMER PULLER, M. C. S., M. C. E., Dean of the College of Engi- 
neering, Engineering Hall. 

MILNOR ROBERTS, A. B., Dean of the College of Mines, Mines Hall. 

CHARLES WILLIS JOHNSON, PH. C., PH. D., Dean of the College of Phar- 
macy, Bagley Hall. 

JOHN THOMAS CONDON, LL. M., Dean of the School of Law, Law Hall. 

HUGO WINKENWERDER, M. F., Dean of the College of Forestry, Forestry 
Hall. 

J. ALLEN SMITH, PH. D., Dean of the Graduate School, Denny Hall. 

HENRY LANDES, A. M., Dean of the College of Science, Science Hall. 

FREDERICK ELMER BOLTON, PH. D., Dean of the College of Education, 
Home Economics Hall. 

IRVING MACKEY GLEN, A. M., Dean of the College of Fine Arts, Meany 
Hall. 

WILLIAM ELMER HENRY, A. M., Director of the Library School, Library. 

CARLTON HUBBELL PARKER, PH. D., Dean of the School of Commerce, 
Commerce Hall. 

THE EXTENSION DIVISION. 
EDWIN AUGUSTUS START, A. M., Director, Administration Hall. 



COLLEGE OF FORESTRY 



THE FACULTY 

HENRY SUZZALLO, PH. D. (Columbia), PRESIDENT. 

HUGO WINKENWERDER, M. F. (Yale), Professor of Forestry; DEAN. 

BURT PERSONS KIRKLAND, A. B. (Cornell), Associate Professor of For- 
estry. 

ELIAS TREAT CLARK, M. F. (Yale), Assistant Professor of Forestry. 

BROR LEONARD GRONDAL, M. S. F. (Washington), Assistant Professor of 
Forestry. 

L. A. NELSON, Lecturer in Scaling. 

CONRAD W. ZIMMERMAN, A. B. (Washington), Lecturer in Timber Physics. 



TREVOR KINCAID, A. M. (Washington), Professor of Zoology. 

HHNRY KREITZER BENSON, PH.D. (Columbia), Professor of Industrial 
Chemistry. 

GEORGE SAMUEL WILSON, B. S. (Nebraska), Associate Professor of Me- 
chanical Engineering. 

GEORGE IRVING GAVETT, B. S. (C. E.), (Michigan), Assistant Professor of 
Mathematics. 

ABRAHAM BERGLUND, PH.D. (Columbia), Assistant Professor of Eco- 
nomics. 

JOHN WILLIAM HOTSON, PH.D. (Harvard), Assistant Professor of Botany. 

HAROLD EUGENE CULVER, PH. M. (Wisconsin), Assistant Professor of 
Geology. 

DAVID CONNOLLY HALL, M. D. (Chicago), University Health Officer and 
Director of Physical Education for Men. 

CHARLES EDWARD NEWTON, E. M. (Michigan College of Mines), Assistant 
Professor of Civil Engineering. 

WALTER EDWARD ROLOFF, PH. D. (Wisconsin) , Instructor in German. 

HORACE HARDY LESTER, PH.D. (Princeton), Instructor in Physics. 

SPECIAL LECTURERS 

R. E. BENEDICT, Forest Inspector, Canadian Forest Service, Lec- 
turer on Forest Protection. 

THORNTON T. MUNGEE, Chief of Silvics, District 6, United States 
Forest Service, Lecturer on Timber Sales. 

LEWIS SCHWAGEB, Schwager-Nettleton, Inc., Lecturer on Saw- 
milling. 



COLLEGE OF FORESTRY 7 

JOHN ADAMS, Insurance Appraiser, Lecturer on Lumber Insur- 
ance. 

THORPE BABCOCK, Secretary West Coast Lumbermen's Association, 
Lecturer on Milling and Association Work. 

O. P. M. Goss, Engineer, West Coast Lumbermen's Association, 
Lecturer on Special Problems in Uses of Timber. 

H. B. OAKLEAF, Chief of Products, U. S. Forest Service, District 
. 6, Lecturer on Saw Milling. 

CLYDE MARTIN, Logging Engineer, Cherry Valley Logging Co., 
Lecturer on Logging Engineering. 

ADVISORY BOARD. 

J. J. Donovan, Bloedel-Donovan Lumber Mills, Bellingham. 

I George S. Long, Weyerhaeuser Timber Co., Tacoma. 
Lewis Schwager, Schwager-Nettleton Mills, Inc., Seattle. 
Thorpe Babcock, Secretary West Coast Lumbermen's Asso- 
ciation, Seattle. 
James O'Hearn, English Logging Co., Mt. Vernon. 
Stanton G. Smith, U. S. Forest Service, Seattle. 
Laurence J. Colman, Colman Creosoting Co., Seattle. 
W. E. Crosby, Editor, West Coast Lumberman, Seattle. 



PURPOSE AND LOCATION 



The College of Forestry was established in 1907. It has a 
two-fold purpose; first, to afford instruction in the principles and 
practice of forestry; second, to promote the interests of forestry 
in the State of Washington by encouraging the right use of for- 
est resources. 

The College has exceptional advantages in its location. The 
University campus comprises 355 acres, a portion of which is in 
timber, and offers splendid opportunities for field work in silvi- 
culture and forest measurements. Other excellent forests are 
within walking distance of the campus. The University also owns 
large forest tracts in various parts of the state, where students 
may conduct extensive research work. The immense national 
forests within a few hours' ride of Seattle afford practical object 
lessons in the art of forest management. The city of Seattle is 
in the center of the timber industry of Washington and the North- 



8 UNIVERSITY OF WASHINGTON 

west. In its many sawmills and wood-working industries, the 
student has unrivaled opportunities for studying wood utiliza- 
tion. 

*ADMISSION TO FRESHMAN STANDING 

A student must offer for admission to freshman standing in 
the University, fifteen units by examination or by certificate from 
an accredited school from which he has graduated. The fifteen 
units must include the following combinations: 

3 units of English 

2 units of mathematics (1 unit algebra, 1 unit plane ge- 

ometry). 

3 units selected from one of the following groups (or 2 units, 

if 3 units of mathematics are presented) : 

(a) Latin and Greek (not less than 2 units of Latin, or 

1 of Greek will be counted). 

(b) Modern foreign language (at least 2 units in one 

language; not less than one unit will be counted 
in any language). 

(c) History, civics, economics, at least one unit to form 

a year of consecutive work in history). 

(d) Physics, chemistry, botany, zoology, general biology, 

physical geography, geology, physiology. (Not less 
than one unit will be counted in physics, chem- 
istry, or general biology. No science will be 
counted as applying on this requirement unless it 
includes a satisfactory amount of laboratory 
work.) 

2 units in subjects represented in the above groups (a)-(d). 

5 units selected from any subject accepted by an approved 
high school for its diploma; not more than 4 units, how- 
ever, may be in vocational subjects. 

In addition to the three units of English and the two units 
of mathematics required for admission to all colleges of the Uni- 
versity, it is recommended that a student expecting to enter the 

* More detailed information concerning admission is furnished in a 
separate section of the University Bulletin, known as Entrance Informa- 
tion. (See pages 9-14.) 



. 



COLLEGE OF FORESTRY 9 

College of Forestry should elect his work from the groups (a) to 

(d), so as to offer the following subjects: 

Advanced algebra % unit 

Solid geometry % unit ' 

Physics 1 unit 

Botany % or 1 unit 

A foreign language 2 units 

If he shall not have included these subjects in his high school 
elections, it will be necessary for him to include them among his 
elections in college. 

ADVANCED STANDING 

Credit will be given for subjects pursued at other colleges of 
recognized rank upon presentation to the Registrar of certificates 
that such subjects have been satisfactorily completed. Gradu- 
ates of this institution and others of similar rank are admitted 
to graduate standing. (See Entrance Information, page 15.) 



SPECIAL STUDENTS 

Persons twenty-one years of age, or over, who are not regu- 
larly qualified for admission, but who have pursued special lines 
of studies related to forestry, may be admitted as special students, 
on giving satisfactory evidence of their ability to pursue the 
work and conforming with the regulations regarding the admis- 
sion of special students. (See Entrance Information, page 13.) 

SPECIAL SHORT COURSES FOR FOREST RANGERS AND LUMBERMEN. 

(See pages 31-35.) 

Applicants must be at least twenty years old and show abil- 
ity to carry the work with profit to themselves. Admission to 
classes is without examination. 

FOREST LABORATORIES 

DENDROLOGY. Individual lockers. Extensive collections of 
tree seeds, cones and bark specimens. An aboretum is under way 
and a great number of the less common tree species are to be 
found on the campus. 

LUMBERING. Field work is given at logging camps and saw- 
mills about Seattle. A complete equipment of instruments and 
tools is available for work in logging engineering. One room con- 



10 UNIVERSITY OF WASHINGTON 

tains a complete collection of lumber, showing grades and pat- 
terns, charts of lumber grades, exhibits of sawmill and woods 
saws, logging equipment such as wire rope, axes, hooks, blocks, 
special appliances for donkey engines, sawmill belts, a model of 
"high lead" logging and other tools or equipment used in 
logging and milling. 

MENSURATION. Equipment selected to show all principal 
types of instruments in use. Those particularly adapted for use 
in the Northwest are provided in quantities sufficient for all 
practice work by students in cruising, surveying, volume, growth 
and yield studies. 

SILVICULTURE. Forests in and near Seattle offer wide oppor- 
tunities for practical studies and demonstrations. An extensive 
forest tree nursery maintained by the College of Forestry affords 
an excellent opportunity for demonstrations and practice in 
modern nursery methods. 

TIMBER PHYSICS. Laboratory work in timber physics is car- 
ried on in the U. S. Forest Service Timber Testing Laboratory, 
operated in cooperation with the University. This laboratory 
is magnificently equipped with seven large testing machines for 
static and impact loading, circular and band saws, planer and 
other shop equipment for wood-working. 

WOOD TECHNOLOGY. Elementary work in wood technology is 
carried on in the same room as the work in dendrology. Individ- 
ual lockers, gas, water, compound microscopes and all apparatus 
for preparing and sectioning wood for the microscopic study of 
woody tissues are provided. Hand specimens and planks of do- 
mestic and foreign commercial timbers are provided in large 
quantities. These include extensive collections of South Ameri- 
can and Philippine hardwoods. Microscopic slides of nearly all 
American woods are kept on hand for check specimens. 

FOREST PRODUCTS LABORATORIES. A movement is now on foot 
for the establishment of a completely equipped forest products 
laboratory to cost approximately $60,000. The laboratories for 
work in forest products now ready on the campus consist of four 
distinct units, as follows: 

1. GENERAL LABORATORY. This is equipped with microtome, 
water baths, drying ovens, microscopes, chemical and pulp bal- 



COLLEGE OF FORESTRY 11 

ances, all apparatus necessary for the technical examination of 
wood preservatives, standardized thermometers, cameras and 
other apparatus required for photomicrography, dark room, and 
all incidental apparatus required for the detailed study of wood 
tissues. 

2. WOOD PRESEKVATION LABORATORY. This consists of both an 
open tank and a pressure plant. The former is of commercial 
size for treating ties. It is composed of two treating tanks and 
two storage tanks, one of steel for creosote, the other a wooden 
tank for salt solutions and other preservatives. The pressure 
plant consists of a twelve-foot retort, air compressor and vacuum 
pumps and a duplex pressure pump, and is so constructed that 
it may be used for any of the different pressure processes. 

3. WOOD DISTILLATION PLANT. This plant consists of a retort 
of one-half cord capacity per charge, gas tank, and refining ap- 
paratus. The retort has been installed by the U. S. Forest Ser- 
vice for cooperative work with the University. 

4. THE DRY KILN. This is a plant of about one carload 
capacity and is thoroughly equipped with all apparatus necessary 
for scientific experimentation in kiln drying. 

COMMERCIAL PLANTS. Plants for the manufacture of paper, 
wood pipe, cooperage, excelsior, wood conduit veneers, furniture, 
boxes, and numerous other secondary wood products are located 
in or very near Seattle and are available for study. Pour large 
creosoting plants and several smaller preservation plants are 
also available. As such of these industries as are not in Seattle 
are conveniently situated on Puget Sound, transportation costs 
to them are very low. 

DEMONSTRATION FOREST AND EXPERIMENT STATION. Arrange- 
ments are now completed whereby the University will acquire 
title to a 60,000 acre tract of forest land to be used by the College 
of Forestry as a demonstration forest and forest experiment sta- 
tion. This tract, which consists of the Pilchuck-Sultan water- 
sheds of the Snoqualmie forest, is very conveniently reached 
from Seattle and offers almost ideal conditions for a school forest. 
It has a total stand of timber of over a billion and a half feet, 
representing nearly all species of the Pacific Northwest, but more 
than three-fourths is composed of Douglas fir, cedar and hemlock, 



1 UNIVERSITY OF WASHINGTON 

the most important commercial species. As there is an excellent 
representation of age classes it will lend itself readily to scien- 
tific forest management. It is estimated that the tract will yield 
30,000,000 feet on an annually sustained yield basis. 

ASSEMBLY ROOM. Equipped with aluminum screen and Lietz 
lantern for episcopic, diascopic and microscopic projection and a 
complete set of the maps of the world. 

EXPENSES 

Matriculation fee, $10.00. 
Tuition fee per semester, $10.00. 
Associated Students' fee, $5.00. 

LABORATORY DEPOSITS. Forestry 1, 102 and 303, $1.00; Fores- 
try 51, 52, 101, 103, 304, 306, 309, 310, 313, 314, 318, $2.00; Botany, 
$3.00; Chemistry, $10.00; Geology 6, $1.00; Physics, $2.50; 
Zoology, $2.00. 

NOTE. The laboratory deposits in each case are for materials 
used and cover repairs of apparatus. The student is entitled to 
a refund for such portion of the deposit as is not used. 

FIELD EXCURSIONS 

Much of the instruction in technical forestry is given in the 
field, necessitating frequent field excursions in nearby forests, 
logging camps and sawmills. The expenses of these excursions 
never exceed $10.00 for the freshman year, $15.00 for the sopho- 
more year, $20,00 for the junior year, $50.00 for the senior year, 
and usually are much less. 

SUMMER WORK. 

Students of forestry are urged to spend their summer vaca- 
tions in some line of practical work connected with the forest in- 
dustry. Situated, as the school is, in the heart of a great lumber- 
ing section and near extensive national forests, ample oppor- 
tunity is offered for summer employment. Students not only 
acquire valuable experience in this way, but earn a considerable 
portion of their University expenses. 



COLLEGE OF FORESTRY 13 

FOREST CLUB. 

The Forest Club is an organization open to all students of the 
College of Forestry. It aims To secure full acquaintance and 
good fellowship among students and instructors To keep in 
touch with everyday problems in forestry and lumbering, and the 
men who are doing things worth while in these industries To 
interest the public in the College of Forestry and in the forestry 
problems of the state. 

Officers of the club for the year 1916-1917 are: President, 
Fred H. Madigan; vice president, Timon Torkelson; secretary- 
treasurer, L. S. Stanton. 

The Club issues every May "The Forest Club Annual," a 
publication which contains articles and illustrations descriptive 
of the school, of scientific interest, and a complete roster of stu- 
dents, ex-students, and alumni. A special College of Forestry 
page is also published each month in the West Coast Lumberman. 

COURSES AND DEGREES. 

Beginning with September, 1914, the College of Forestry 
abandoned its fixed four-year groups of study and has since then 
offered only one five-year course with a liberal allowance for elec- 
tives. As technical forestry has reached a stage where some 
specialization is almost necessary, this arrangement gives the 
student ample opportunity for specialization along four distinct 
lines (1) Forest Service and State Work, (2) Logging Engineer- 
ing, (3) Forest Products and (4) The Lumber Business. The 
course may, however, be pursued for only four years and on the 
completion of four years of the work the student will be awarded 
the degree of bachelor of science. It should be emphasized that 
this arrangement will allow the student to receive practically as 
broad a training in four years as heretofore, but that if he de- 
sires to specialize he should pursue the work for five years. 

REQUIREMENTS FOR GRADUATION 

UNDERGRADUATE WORK 

For the degree of bachelor of science the student shall 
have completed, in addition to the required subjects outlined in 
the curriculum, at least 24 credits in subjects selected from for- 
estry, engineering, or the botanical, chemical, zoological, geologi- 
cal or economic sciences, the subjects to be approved by the stu- 
dents' class advisor, but in no case shall more than 12 in any de- 
partment other than forestry be allowed toward graduation. The 



14 UNIVERSITY OF WASHINGTON 

total number of credits required for graduation shall be 131 ex- 
clusive of shop and military science. Candidates for the degree 
must furthermore receive grades of A, B, or C in at least three- 
fourths of the credits required for the degree. (This require- 
ment does not apply to grades given before the year 1913-1914.) 

GRADUATE WORK 

For the degree of master of science in forestry, the student, 
in addition to being a graduate of this University or other insti- 
tution of equal rank, and having a satisfactory knowledge of 
botany, geology, physics, chemistry, mathematics, surveying and 
languages, shall have been credited at this University with 166 
credits, of which at least 52 are in technical forestry subjects, in- 
cluding silviculture, dendrology, wood technology, mensuration, 
management, lumbering, wood preservation, forest economics, 
and thesis. Only grades of A, B and C can be counted toward a 
graduate degree. 

Attention is called to the equipment and to the special ad- 
vanced courses for graduate students. The physical equipment 
of the College of Forestry (see pages 9-12) and the exceptional 
advantages of its location should prove particularly attractive 
to graduate students. The advanced courses include dendrology, 
silviculture, wood technology, timber physics, wood preservation, 
advanced forest products, the business of lumbering, and re- 
search. Special facilities and apparatus are provided for this 
advanced work. Emphasis is placed upon the fact that a grad- 
uate from a college of forestry of equal rank with the College of 
Forestry of this University may complete the requirements for 
the advanced degree in one year. Graduates from other insti- 
tutions of equal rank, but giving no courses in technical forestry, 
may complete the required work in two years. 

OUTLINE OF CURRICULUM 

In the election of studies, students should follow the sequence 
of subjects as outlined in the curriculum. Deviations from the 
prescribed order will not be allowed by class advisors unless such 
deviation is imperative. 

RECOMMENDATIONS FOR CHOICE OF STUDIES 

For specialization in Forest Management, the following elec- 
tives are recommended: C. E. 107, Economics 9, 10, Law 180, 
and Forestry 155, 157, 301, 303, 307, 308, 311, 315, 316. 



COLLEGE OF FORESTRY 



15 



For specialization in Logging Engineering: C. E. 107 and 108, 
Law 180, Zoology 14, Electrical Engineering 105, Mechanical Engi- 
neering 82, and Forestry 303, 305, 306, 311, 315. 

For specialization in Forest Products: Chemistry 31 and 32 or 
41 and 121, Botany 141-142, Electrical Engineering 105, Mechan- 
ical Engineering 82, and Forestry 301, 303, 304, 309, 310, 311, 315. 

For specialization in the Business of Lumbering: Economics 
9, 10, Journalism 105, 106, and Forestry 157, 303, 304, 309, 310, 
311, 315. 

*FRESHMAN YEAR 



FIRST SEMESTER 

Credits 

Mathematics 55 4 

English 5 2 

Botany 11 (general) 4 

Forestry 1 (dendrology) 4 

Forestry 3 (general) 2 

Forestry 5 (woodcraft) 1 

Mil. Sci. 1 



SECOND SEMESTER 

Credits 

Mathematics 56 4 

English 6 2 

Botany 12 (morphology).... 4 

Geology 6 (general) 4 

Forestry 4 (general) 2 

Mil. Sci. 1 



16+2 



16+1 



SOPHOMORE YEAR 



Modern language 4 

C. E. 55 (surveying) 6 

Chemistry 1 (general) 4 

Forestry 51 (mensuration) . . 4 

Mil. Sci 

Elective 

M. E. 1 (shop) 2 



18+1 



Modern language 4 

C. E. 56 (surveying) 6 

Chemistry 2 (general) 4 

Forestry 52 (mensuration) . . 4 

Mil. Sci 

Elective 

M. E. 2 (shop) 2 



18+1 



JUNIOR YEAR 



Physics 93 (general) 4 

Forestry 101 (technology) . . 4 
Forestry 105 (protection) ... 4 

Phys. Ed 

Electives 5 

Chemistry 31 (organic) . 4 
C. E. 107 (topography) . 4 

M. E. 2 (shop) 2 

Economics 5 (commercial 

geography) 3 

Economics 9 (account- 
ing) 3 

Zoology 109 (ento- 
mology) 4 

Botany 141 (fungi) 4 



Physics 94 (general) 4 

Forestry 102 (silviculture).. 6 

Economics 3 4 

Phys. Ed 

Electives 5 

Chemistry 32 (organic) . 4 
C. E. 108 (logging rail- 
roads) 4 

M. E. 54 (shop) 2 

Economics 10 (account- 
ing) 3 

Zoology 110 (ento- 
mology) 4 

Botany 142 (fungi) 4 



16+1 



19+1 



* Freshmen entering the beginning of the second semester will take 
the following subjects : English, 2 credits ; Forestry 1, 4 credits ; Forestry 
4, 2 credits ; Geology 6, 4 credits, and Foreign Language, 4 credits. 



16 



UNIVERSITY OF WASHINGTON 



SENIOB YEAR 



Forestry 151 (management) . 5 
Forestry 153 (lumbering) ... 4 

Phys. Ed 

Blectives 7 

M. E. 82 (steam engineer- 
ing) 2 

Forestry 157 (history 

and policy) 2 

Chemistry 41 (qualita- 
tive) 4 

Botany 143 (plant physi- 
ology) 4 

Forestry 155 (adv. silvi- 
culture) 2 

Economics 145 (money 

and banking) 3 

Journalism 105 (advertis- 
ing) 3 



Forestry 152 (management) . 3 

Forestry 156 (forest eco- 
nomics) 2 

Forestry 154 (cruising and 
scaling) 2 

Phys. Ed 

Electives 10 

E. E. 105 4 

Zoology 14 (forest) 2 

Journalism 106 (advertis- 
ing) 3 

Law 180 (engineering 
contracts) 2 



16+1 



17+1 



GRADUATE YEAR 



Thesis 4 

Electives 13 

Forestry 301 (adv. den- 
drology) 3 

Forestry 303 (timber 

physics) 3 

Forestry 305 (logging en- 
gineering) 4 

Forestry 307 (seminar) . 1 

Forestry 309 (adv. for- 
est products) 2 

*Forestry 311 (utiliza- 
tion) 4 

Forestry 313 (research) . 2 

Forestry 315 (scientific 
management) 2 

Economics (markets) . . 3 



16 



Electives 16 

Forestry 302 (adminis- 
tration) 2 

* Forestry 304 (preserva- 
tion) 3 

Forestry 306 (logging 

engineering) 6 

Forestry 308 (seminar) . 1 
Forestry 310 (adv. forest 

products) 2 

Forestry 314 (research) . 2 
*Forestry 316 (adv. for- 
est management) .... 3 
Forestry 318 (field men- 
suration) 2 



16 



Students wishing to specialize on the business side of lumber- 
ing are advised to elect nine hours of work in commerce. 



* In the final form of the five-year course, 311 will be five credits, 
316, six credits, and 304, four credits. 



COLLEGE OF FORESTRY 17 



DEPARTMENT OF INSTRUCTION 



FORESTRY 
(Forestry Hall) 

PROFESSOR WINKENWERDER, ASSOCIATE PROFESSOR KIRKLAND, ASSIST- 
ANT PROFESSORS CLARK, GRONDAL, MR. NELSON, 
MB. ZIMMERMAN. 

1. ELEMENTARY DENDROLOGY. Four credits. Either semester. 
Required of freshmen. Two recitations, four hours laboratory 
work, field trips additional. Prerequisite, high school botany. 
Laboratory deposit, $1.00. WINKENWERDER, GRONDAL. 

The nomenclature and classification of trees. The use of 
keys. A study is made of one type species of each genus of the 
important timber trees of North America. Identification and dis- 
tribution of the species of the Northwest. Texts: Sargent's Man- 
ual of the Trees of North America; Sudworth's Trees of the 
Pacific Slope; Winkenwerder's Keys to Trees of Oregon and 
Washington. 

3-4. INTRODUCTION TO FORESTRY. Two credits per semester. 
Required of all freshmen. WINKENWERDER. 

A course of lectures intended to familiarize the student with 
the general nature of the field of work he is about to enter. 

5. WOODCRAFT. One credit. First semester. Required of 
all freshmen in forestry. CLARK, HALL. 

Food lists, camp cooking, woods clothing, camp equipment, 
camp sanitation, packing a horse, general woodcraft. Course 
concludes with a half dozen lectures on first aid to the injured. 

A special section in Forestry 5 will be arranged for students 
not regularly enrolled in forestry, providing at least six students 
apply for the course. 

51. FOREST MENSURATION. Four credits. First semester. 
Two recitations and six hours field or laboratory work. Prere- 
quisite, 1 or 110 and 8 credits in mathematics. Laboratory de- 
posit, $2.00. Required of all sophomores and graduate students. 
CLARK, GRONDAL. 

The construction and use of common types of log rules and 
hypsometers; methods of computing volumes of logs and trees; 



18 UNIVERSITY or WASHINGTON 

the principles involved in the use of form factors; the construc- 
tion and use of volume tables; the elements of scaling and cruis- 
ing. Texts: Graves' Forest Mensuration, Winkenwerder and 
Clark's Exercises in Forest Mensuration. 

52. FOREST MENSUBATION. Four credits. Second semester. 
Two recitations, six hours field or laboratory work. Prerequisite 
51. Laboratory deposit, $2.00. Required of all sophomores and 
graduate students. WINKENWERDER, GRONDAL. 

Methods of studying growth in diameter, height and volume. 
Sample plot methods. The construction of growth and yield 
tables. Texts: Same as 51. 

101. WOOD TECHNOLOGY. Four credits. First semester. 
Required of juniors and graduate students. Prerequisite, 8 
credits in college botany. Laboratory deposit, $2.00. WINKEN- 
WERDER, GRONDAL. 

Wood structure, leading to the identification of the commer- 
cial timbers of the United States. The physical properties of 
wood. Each student is required to prepare permanent micro- 
gcopic mounts of fifty species. Text: Record's Economic Woods. 

102. SILVICULTURE. Six credits. Second semester. Required 
of all juniors and graduates. Four recitations, one-half day field 
work. Prerequisite, 1, 51, and 52. Laboratory deposit, $1.00. 
KIRKLAND. 

A study of the individual tree; forest ecology; the forest as 
a whole; treatment of the forest regions; forest types; silvical 
characters of trees; seed collecting; nursery practice; trans- 
planting. Text: Graves' Principles of Handling Woodlands. 

103. WOOD IDENTIFICATION. Two credits. First semester. 
Open to students in other departments of the University who upon 
consultation can show ability to carry the work. WINKENWERDEB, 
GRONDAL. 

This course includes only the laboratory work of 101. Two 
three-hour laboratory periods a week. Laboratory deposit, $2.00. 
Text: Record's Economic Woods. 

105. FOREST PROTECTION. Four credits. First semester. 
KINCAID, KIRKLAND, HOTSON. 

Protection of forests against fire, Insects, fungi and other 
destructive agencies. Approximately one-third of the allotted 



COLLEGE OF FORESTRY 19 

time will be devoted to each of the three following divisions of 
the subject: 

Classification of parasitic and saprophytic fungi attacking 
trees and forest products; methods of detecting presence of fungi 
in trees with or without aid of fruiting bodies; how to avoid 
fungus attacks and minimize their ill effects; sanitation of the 
forest and lumber yards. HOTSON. 

Forest fires; organization of patrol for prevention of fire, 
considered from standpoint of national forests, state and pri- 
vate organizations; duties of various members of force; methods 
of patrol on tracts; water courses; railroads, etc.; requirements 
in trail and telephone facilities; lookout stations; tools and tool 
caches; organization of volunteer forces; integration of patrol 
with other work, procedure when fires are discovered; methods 
of fighting fire; location of fire lines; backfiring, etc. KIRKLAND. 

Classification of forest insects; methods of detecting insect 
attack; preventing insect attack; combating insects by encourage- 
ment of natural enemies; by removal of trees attacked, etc. 
KINCAID. 

109. GENERAL FORESTRY. Two credits. First semester. Of- 
fered only to students not regularly enrolled in the College of 
Forestry, and may be taken at the University or as an extension 
course by correspondence. WINKENWERDER. 

The natural history of the tree and of the forest; the forests 
of Oregon and Washington; the forest as an economic factor (in- 
cluding forest influences) ; the nature and control of forest fires; 
harvesting the forest crop; the utilization of forest and wood 
waste; the status of forestry in the United States; forestry in the 
Pacific Northwest. Lectures, assigned readings and reports. 

110. CHARACTERISTICS OF TREES. Two credits. Second se- 
mester. Offered only to students not regularly enrolled in the 
College of Forestry and may be taken at the University or as an 
extension course by correspondence. WINKENWERDER. 

The identification, distribution, life-habits, and uses of the 
trees of the Pacific Northwest. Lectures supplemented by labor- 
atory work and field trips. 

111. TEACHER'S COURSE. One credit. Either semester. Of- 
fered only as a correspondence course. Must be accompanied or 
preceded by 109. WINKENWERDER. 



20 UNIVERSITY OF WASHINGTON 

151-152. FOREST MANAGEMENT. Five credits first semester, 
three credits second semester. Required of all students in senior 
or graduate year. Prerequisite, 51, 52, and 102. Additional pre- 
liminary courses recommended, 156 and Economics 9, 10. KIRK- 
LAND. 

Forest finance, including theoretic discussion of values, out- 
lay, income and valuation of assets, as applied to forest lands; 
forest valuation; general financial aspects of forest production 
and timber investment; application of compound interest to for- 
est investment; profits from timber investment and forest pro- 
duction; appraisal of damages; stumpage values and appraisal in 
the field; comparison of forest with agricultural values. 

Forest organization in public or private owned forests, 
either for immediate exploitation or continuous forest produc- 
tion, examination and report on forest properties; basis of de- 
termination whether tract shall be used for immediate exploita- 
tion or continuous forest production; organization in each case; 
in case of continuous production methods of silviculture; the ro- 
tation; regulation of annual cut; protection, improvements, spe- 
cial consideration of correct procedure in the Pacific Northwest 
on private, state, or national forests; forest administration. 
Texts: Chapman, Forest Valuation; Roth, Forest Regulation; 
Rechnagel, Working Plans. 

153. GENERAL LUMBERING. Four credits. First semester. 
For seniors or graduate students only. Prerequisite, 51, 52. 
CLARK and special lecturers. 

Comparative methods of logging on the Pacific Coast and in 
other lumbering regions of the United States. Study of ma- 
chinery, organization, methods and costs of sawmill operations. 
Grading of lumber, transportation, lumber associations and gen- 
eral points connected with lumber industry. Text: Bryant's 
Logging. 

154. SCALING AND CRUISING. Two credits. Second semester. 
Required of all students in senior year. Prerequisite, 52. CLARK. 

Advanced work in scaling and cruising, topographic mapping, 
woods surveying, and the study of a logging operation. The field 
work for this course will be given on a two weeks' field trip to 
a logging operation during the spring vacation. The office work 
and preparation of timber sale report will be performed in the 
classroom at the conclusion of the field work. 



COLLEGE OF FORESTRY 21 

*155. ADVANCED SILVICULTURE. Two credits. First semester. 
For seniors and graduates. Prerequisite, 102. KIRKLAND. 

Advanced work for students who desire to specialize in silvi- 
culture and management. 

156. FOREST ECONOMICS. Two credits. Second semester. 
Required in junior or senior year. Prerequisite, Economics 1 or 
3. KIRKLAND. 

The forests of the United States compared with those of 
other countries of the world as to area and volume; classification 
of forests of the United States as to area, volume, ownership and 
future use of forest land; economic position of the lumber in- 
dustry; relations with other industries and natural resources; 
influences of forests on climate; water supply for power, irriga- 
tion, navigation and other uses; drainage; relation to grazing, 
agriculture and game protection; logged-off land problem; how to 
determine best use of land. Open to students in other depart- 
ments. 

157. FOREST HISTORY AND POLICY. Two credits. First semes- 
ter. Prerequisite, 102. KIRKLAND. 

Forest policy of the United States; forestry in the states and 
our island possessions; the rise of forestry abroad. Text: Fer- 
now, History of Forestry. 

301. ADVANCED DENDOLOGY. Three credits. First semester. 
Primarily for graduate students. WINKENWERDER. 

An extension of course 1 covering the identification and dis- 
tribution of all important commercial tree species of the United 
States: Text: Sargent's Manual Trees of North America. 

302. NATIONAL FOREST ADMINISTRATION. Two credits. Sec- 
ond semester. CLARK. 

Objects of forest administration; regulations and instructions 
governing disposal of timber, range, and all other forest re- 
sources; use and disposal of land; rights-of-way ; protection 
against fire, and trespass; improvement work; fiscal matters; 
principles and details of each subject, including investigations, 
reports, permits, use of all forms, supervision of work; sugges- 
tions and demonstrations. 

* Given in alternate years. Not offered in 1917-18. 



22 UNIVERSITY OF WASHINGTON 

303. TIMBER PHYSICS. Three credits. First semester. For 
senior and graduate students. Prerequisite, Mathematics 55-56. 
Deposit, $1.00. ZIMMERMAN. 

Various stresses which wood must resist; methods of making 
tests; theory of flexure; relation between moisture and strength; 
between specific gravity and strength; mechanical properties of 
wood. 

304. WOOD PRESERVATION. Three credits. Second semester. 
Required of seniors and graduates. Prerequisite, 101 and one 
year of chemistry. Laboratory deposit, $2.00. GRONDAL. 

Nature of the decay of timber. Preservative processes. De- 
sign and practical operation of wood preserving plants. Commer- 
cial testing of preservatives. Economics of wood preservation. 
Laboratory work with College of Forestry treating plant and re- 
port work on local creosoting plants. 

305-306. LOGGING ENGINEERING. Four credits first semester, 
six credits second semester. Primarily for graduates. Prerequi- 
site, 51, 52, C. E. 108, M. E. 82. Laboratory deposit, second se- 
mester, $2.00. CLARK. 

The construction and use of types of logging machinery and 
equipment. The organization of logging companies, capital re- 
quired. Construction of logging railroads, landings, camps, water 
systems, etc. Topographic and railroad surveying applied to 
logging operations. Organization and cost of operations. Lec- 
tures, demonstrations at plants manufacturing logging machin- 
ery, field work in nearby logging camps. During the second half 
of the second semester the work is transferred to the field where 
extensive work in logging engineering is carried on. 

307-308. SEMINAR. One credit per semester. For seniors and 
graduates. WINKENWERDER, KIRKLAND, GRONDAL. 

Reviews, assigned readings, reports, and discussions on cur- 
rent periodical literature and the more recent Forest Service 
publications. 

309-310. ADVANCED FOREST PRODUCTS. Two credits per semes- 
ter. For seniors and graduates. Prerequisite, 101 and 304. Labor- 
atory deposit, $2.00 per semester. GRONDAL. 

Advanced studies in wood preservation and wood technology. 
Special problems with reference to the needs of the individual 
student. 






COLLEGE OF FORESTRY 23 

311. FOREST UTILIZATION. Four credits. First semester. 
For seniors and graduates. Prerequisite, 101 and one year of 
chemistry. GRONDAL. 

Lumber and its economic uses. Building materials and 
buildings. Proper uses of treated wood blocks. Wood pipe, silos, 
veneers, etc. Paper making, wood distillation, tanbark, naval 
stores and other secondary forest products. 

313-314. RESEARCH. Two credits per semester. May be taken 
as a semester or a year course. For seniors and graduates. 
Laboratory deposit will depend on nature of the work. 

315. SCIENTIFIC MANAGEMENT. Two credits. First semes- 
ter. KIRKLAND. 

Fundamental principles of scientific management, with spe- 
cial reference to the lumber industry. 

316. ADVANCED FOREST MANAGEMENT. Three credits. Second 
semester. For graduate students only. Prerequisite, 151-152. 
KIRKLAND. 

Advanced studies. About one week of field work on a tract 
of 50,000 to 100,000 acres on which data concerning different 
soil classes, forest types, etc., and volume of timber is already 
available. This work will be followed by the actual formation 
of a working plant providing for regulation of the yield and or- 
ganization of all forest work on the area, with estimates of out- 
lay and income. 

318. FIELD FOREST MENSURATION. Two credits. Second se- 
mester. For seniors or graduates. Prerequisite, 305. Labor- 
atory deposit, $2.00. CLARK. 

This course will be given in the field the second half of the 
semester in connection with the field work in logging engineering. 
It supplements and enlarges upon the work of timber estimating 
and mapping as given in courses 51 and 52. 

319. WOOD ANALYSIS. Two credits. First semester. For 
juniors in architecture. GRONDAL. 

A study of the identification, physical properties and char- 
acteristics of all woods used in building construction and finish- 
ing. The finishing and preserving of wood will be discussed. 



24 UNIVERSITY OF WASHINGTON 

SUBJECTS PRESENTED BY DEPARTMENTS OF OTHER 
COLLEGES OP THE UNIVERSITY. 

BOTANY 
(Science Hall) 

11. FORESTERS' BOTANY. Four credits. First semester. For 
forestry students. Prerequisite, Botany 1. HOTSON, Assistants. 

A study of types of plants to illustrate the advance in com- 
plexity. 

12. FORESTERS' BOTANY. Four credits. Second semester. A 
continuation of 11, which is prerequisite. HOTSON, Assistant. 

143. PLANT PHYSIOLOGY. Four credits. First semester. Pre- 
requisite, Chemistry 2; Botany 1, 2 or 10 and junior standing. 
RIGG. 

The fundamental physical and chemical processes in plants. 

CHEMISTRY 
(Bagley Hall) 

1. GENERAL CHEMISTRY. Four credits. Either semester. 
Two lectures and six laboratory hours per week. BYERS, ROSE, 
Instructors, Assistants. 

This course is designed to meet the needs of students who 
come from accredited schools in which chemistry is not required. 

2. GENERAL CHEMISTRY. Four credits. Either semester. A 
continuation of 1. 

31. ORGANIC CHEMISTRY. Four credits. First semester. Pre- 
requisite, 22, or its equivalent. DEHN. 

Introductory course in organic chemistry, consisting of three 
lectures per week and four hours laboratory work, on the prep- 
aration and testing of representative compounds. 

32. ORGANIC CHEMISTRY. Four credits. Second semester. 
DEHN. 

A continuation of 31. 

41. ELEMENTARY QUALITATIVE ANALYSIS. Four credits. Either 
semester. Two lectures and six laboratory hours per week. 
LANGDON. 



COLLEGE OF FORESTRY 5 

43. ADVANCED QUALITATIVE ANALYSIS. Four credits. First 
semester. LANGDON. 

Lectures on theory of solution as applied to analytical work. 
Laboratory work on the analysis of alloys and minerals. 

135. CHEMISTRY OF FOREST PRODUCTS. Three credits. First 
semester. A course designed especially for students of forestry. 
Two lectures and one laboratory period. BENSON. 

A detailed study of the chemical processes involved in the 
utilization of wood. 

CIVIL ENGINEERING. 
(Engineering Hall.) 

30. FOREST SURVEYING. (Short session in Forestry, first year, 
Jan.-Mar.). Laboratory deposit, $3.00. NEWTON. 

Engineering drawing, topographical and map drawing. In- 
structions and field practice in the use of the chain, hand com- 
pass and Forest Service compass, hand level, clinometer and tran- 
sit in direct application to the requirements of the U. S. Forest 
Service. 

* 32. FOREST SURVEYING. (Short session in Forestry, second 
year, Jan.-Mar.). Laboratory deposit, $3.00. NEWTON, DUCKER- 
ING. 

Traversing by various conventional methods, mining claim 
surveys, plane triangulation and topographical work; U. S. sub- 
division of public lands. 

55-56. FOREST SURVEYING. Six credits per semester. Sopho- 
more and junior foresters. Prerequisite, Mathematics 51 and 
Forestry 3. Laboratory deposit, $3.00. NEWTON. 

Engineering lettering and map drawing. Chain, compass, 
transit and level surveying, with reference to work in forest. 
U. S. subdivision of public lands. 

107. TOPOGRAPHY. Four credits. First semester. Junior 
foresters and miners. Prerequisite, C. E. 55-56. Laboratory de- 
posit, $3.00. NEWTON. 

Topographic surveys as applied to forestry and mining. 
Reconnoissance and sketch maps, and exercises in reading and 

* Not offered in 1917-18. 



26 UNIVERSITY OP WASHINGTON 

adjusting triangulation systems. Filling in topographic details 
with plane table and transit. Beginning of elementary railroad 
surveying. 

ECONOMICS 
(Commerce Hall) 

9. ACCOUNTING. Three credits. First semester. Prerequis- 
ite, sophomore standing. LILLY. 

10. ADVANCED ACCOUNTING. Three credits. Second semester. 
Prerequisite, sophomore standing. LILLY. 

145. MONEY AND BANKING. Three credits. First semester. 
Prerequisite, 1-2. CUSTIS. 

JOURNALISM. 
(Commerce Hall.) 

105-106. PBINCIPLES OF ADVERTISING. Three credits per se- 
mester. Laboratory deposit, $2.00. Prerequisite, Journalism 101- 
102, 107-108. TBOXELL. 

ELECTRICAL ENGINEERING. 
(Engineering Hall.) 

105. ELECTRICAL ENGINEERING. Four credits. Either semes- 
ter. Junior C. E., Ch. E. and M. E. Prerequisite, Mathematics 62, 
Physics 96, 98. KIRSTEN, CURTIS. 

A short course giving the fundamental principles of direct 
currents with experimental tests on commercial dynamos and 
motors. 

ENGLISH 
(Denny Hall.) 

5-6. FRESHMAN COMPOSITION. Two credits per semester. 
For students in the College of Forestry. 

GEOLOGY 
(Science Hall) 

6. GEOLOGY FOR FORESTRY STUDENTS. Four credits. Second 
semester. Laboratory deposit, $1.00. CULVER. 

11. CLIMATOLOGY. Four credits. First semester. Three reci- 
tations and one laboratory period. Laboratory deposit, $1.00. 
SAUNDERS, SALISBURY. 






COLLEGE OF FORESTRY 27 

A general consideration of the climatic elements of the at- 
mosphere, and a study of the climate of Washington and the 
United States. 

Short Course 1. FOREST GEOLOGY. SAUNDERS. 

A course of twenty lectures on general geology given in Jan- 
uary, February and March, to the students in the short course in 
the College of Forestry. 

LAW 
(Law Hall) 

180. ENGINEERING CONTRACTS. Two credits. Second semester. 
AYEB and special lecturers. 

MATHEMATICS. 
(Science Hall) 



1-2. SOLID GEOMETRY. Two credits per semester. Prerequi- 
site, plane geometry. 

Required during the freshman year of all students in the 
colleges of Engineering, Forestry and Mines who do not offer 
solid geometry for admission. 

4. SOLID GEOMETRY. Three credits. Second semester. Same 
as 1-2. 

55-56. FORESTER'S COURSE. Four credits per semester. Pre- 
requisite, one year plane geometry and one and one-half years 
elementary algebra. GAVETT. 

A year's course in numerical and graphic methods, solution 
of plane triangles, the elements of coordinate geometry, and de- 
rivatives and integrals with applications to problems involving 
maxima and minima, rectifications, quadratures and cubatures. 

MECHANICAL ENGINEERING. 
(Engineering Hall.) 

2. PATTERN MAKING AND CABINET WORK. Two credits. Either 
semester. BEATTIE. 

53. FORGE AND FOUNDRY. Two credits. Either semester. 
KANE. 

54. MACHINE WORK. Two credits. Either semester. KANE. 



28 UNIVERSITY OF WASHINGTON 

82. STEAM ENGINEERING. Two credits. Either semester. 
EASTWOOD. 

The various forms of steam apparatus used in modern power 
plants, considering the construction, use and reason for installing 
such apparatus. 

MILITARY SCIENCE AND TACTICS. 
(Office, The Armory) 

In accordance with the National Defense Act, June 3, 1916, 
the War Department has established and maintains at this Uni- 
versity an Infantry unit of the Senior Division of the Reserve 
Officer's Training Corps. Provision has also been made for the 
probable establishment in the near future of Coast Artillery and 
Engineer units. The primary object of these units is to qualify, 
by systematic and standard methods of training, students for 
reserve commissioned officers in the military forces of the United 
States. 

The system of instruction prescribed presents to the student 
a standardized measure of that military training which is neces- 
sary in order to prepare him to perform intelligently the duties 
of a commissioned officer, and it enables him to be thus trained 
with the least practicable interference with his civil career. 

All able-bodied male students (except those from foreign 
countries, not intending to become naturalized) must take two 
years' work in military training, which by regulation of the 
University is required during the first and second years. During 
this time three hours a week are devoted to military training, 
for which two credits are given each semester. 

Students desiring to continue in the Reserve Officers' Train- 
ing Corps during their junior and senior years are required to 
take five hours a week of military training and to attend two 
student training camps during two summer vacations; one prior 
to, and one subsequent to graduation. During service in the 
Reserve Officers' Training Corps in their junior and senior years, 
students are paid by the Federal Government, and the successful 
completion of this course entitles a graduate to commission as a 
temporary second lieutenant in the Regular Army, and to a 
commission in the Officers' Reserve Corps. 

Under regulations prescribed by the Secretary of War, mem- 
bers of the Reserve Officers' Training Corps are furnished uni- 
forms, arms and equipment without cost to themselves. 



COLLEGE OF FORESTRY 



COURSE OF TRAINING FOR INFANTRY UNITS OF THE 

SENIOR DIVISION OF THE RESERVE OFFICERS' 

TRAINING CORPS 

FRESHMAN YEAR 



FIRST SEMESTER 

Practical : 

Physical drill. 

Infantry drill to include school 
of the company, close and ex- 
tended order. 

Nomenclature and care of the 
rifles and equipment. 

Preliminary instruction in sight- 
ing, position and aiming drills, 
gallery practice. 
Theoretical : 

Theory of target practice, indi- 
vidual and collective. 

Military organization. 

Map reading. 

Service of security. 

Personal hygiene. 



SECOND SEMESTER 

Practical : 

Physical drill. 

Infantry drill to include fire con- 
trol and direction, ceremonies, 

manuals. 
Bayonet combat. 
Intrenchments. 
First aid instructions. 
Range and gallery practice. 
Theoretical : 
Lectures on 

Military policy. 

Service of information. 

Combat. 

Infantry drill regulations. 

Camp sanitation. 



SOPHOMORE YEAR 



THIRD SEMESTER 

Practical : 

Same as second semester (prac- 
tical), and combat and col- 
lective firing. 
Theoretical : 

Infantry drill regulations, to In- 
clude school of battalion and 
combat. 

Small-arms firing regulations. 
Lectures Same as second semes- 
mester (theoretical), also 
Map reading. 
Camp sanitation and 
camping expedients. 



FOURTH SEMESTER 

Practical : 

Same as second semester (prac- 
tical), and signalling. 
Sand table work. 
Theoretical : 
Lectures on 

Military history. 
Service of information and se- 
curity. 
Marches and camps. 



JUNIOR YEAR 



FIFTH SEMESTER 

Practical : 

Duties of cadet officers and non- 
commissioned officers. 

Military sketching. 
Theoretical : 

Minor tactics. 

Map maneuvers. 

Company administration. 

Military history. 



SIXTH SEMESTER 

Practical : 

Same as practical, fifth semester. 

Advanced military sketching. 
Theoretical : 

International law. 

Property accountability. 



30 UNIVERSITY or WASHINGTON 

SENIOR YEAR 

SEVENTH SEMESTER EIGHTH SEMESTER 

Practical : Practical : 

Same as practical, fifth semester. Same as practical, fifth semester. 

Theoretical : Theoretical : 

Minor tactics. Tactical problems 

Manual of Courts-martial. Map maneuvers. 

International relations. Lectures on 

International law. Military history. 

Lectures on Military policy. 
Psychology of war. 
General principles of strategy. 

It is presumed that each member of the Reserve Officers' 
Training Corps during his academic course has taken one course 
or equivalent credit in either 'French, German or Spanish. 

MODERN LANGUAGE. 
(Denny Hall) 

One year of modern language is required. Although German 
is recommended, any modern language will be accepted. 

PHYSICS 
(Denny Hall) 

93-94. GENERAL PHYSICS. Four credits. Either semester. 
This course is an abridgment of 97 and 98 and is open only to 
students in forestry, pharmacy, and medicine. Three class periods 
and one laboratory period. Prerequisite, 4 hours in mathematics. 
VORIS. 

NOTE. The laboratory deposit is $2.50 a semester. 

ZOOLOGY 
(Science Hall) 
14. FOREST ZOOLOGY. Two credits. Second semester. KIN- 

CAID. 

Habits and economic relations of typical forest animals. 
Especially for forestry students, but open to others. 

109-110. GENERAL ENTOMOLOGY. Four credits per semester. 
Prerequisite, 2. KINCAID. 

The structure, classification, and economic relations of in- 
sects. 



COLLEGE OF FORESTRY 31 



SPECIAL SHORT COURSES IN FORESTRY, LOGGING 
AND LUMBERING 

Session 1917 January 2 to March 28 

EXPLANATION. The short courses in Forestry at the Univer- 
sity of Washington are offered for the benefit of persons engaged 
in some phase of the timber industry and who desire to increase 
their efficiency, but who cannot take the time required for a 
broader course. In outlining the courses a special effort has been 
made to have them simple, concise and thoroughly practical. The 
work is given by means of lectures, quizzes, laboratory and field 
practice. Although the time is only of twelve weeks' duration, 
our location and our equipment enable us to do thorough work 
in the subjects given. A high school training is not necessary 
for entrance, but students should be at least twenty years old. 

Three distinct courses are offered: 
I. Forestry 
II. Logging. 
III. Lumber and Its Uses 

I. THE COURSE IN FORESTRY. This course is for men who are 
now employed as forest rangers and guards who wish to increase 
their efficiency, for persons who wish to prepare for this work 
and for timber land owners who desire some practical knowledge 
of the care and management of their timber holdings. The course 
includes the following subjects: 

Characteristics of trees Forest administration 

Silviculture First aid to the injured 

Forest measurements Forest economics 

Surveying 

Electives either year Forest law, botany, geology, diseases 
of trees. 

NOTE. Elective courses will be given only if a sufficient num- 
ber elect them. 

II. THE COURSE IN LOGGING. For persons engaged in woods 
work about the donkey engine, with the sealer, the cruiser, the 
logging engineer, or in any other capacity, who wish to prepare 
themselves for advancement. It is not for men engaged in mill 
work. All persons wishing to enter this course must have had at 



32 UNIVERSITY OF WASHINGTON 



least three months' experience in a logging camp and should at 
time of registration bring a statement to this effect from a former 
employer or foreman. 

The course includes the following subjects: 
Characteristics of trees Logging 

Surveying First aid to injured 

Forest economics Electives from forestry course 

Forest measurements 

III. THE COURSE IN LUMBER AND ITS USES. Although wood is 
more widely used than any other material of construction, it re- 
quires more special information in its use than any other. This 
course is outlined with special reference to presenting this in- 
formation for the use of % persons engaged in office work at the 
sawmills, lumber salesmen, architects, engineers, builders and 
building inspectors. 

The course includes the following subjects: 
Characteristics of trees Wood utilization 

Properties of wood Forest economics 

Other subjects may be elected from the course in Forestry. 

GENERAL INFORMATION 

ADMISSION. This is without examination. The only require- 
ment is that applicants must be at least twenty years old and 
must phow evidence of being able to carry the work with profit to 
themselves. If in doubt write. See special requirements under 
course in Logging. 

EXPENSES. 

Tuition $10.00 

Deposit for material supplied 2.00 

Deposit to insure care in use of instruments (returnable) . 3.00 

Board and lodging, per month .$20.00- 30.00 

Books, drawing instruments, etc $10.00- 15.00 

Field trips, about 10.00 

The total expenses for the twelve weeks, exclusive of trans- 
portation, need not exceed $125.00. 

EQUIPMENT REQUIRED. Since much of the field work will be 
done in the woods, each man should be equipped with suitable 
rough clothing and shoes. Men owning compasses or barometers 
are requested to bring them. 



COLLEGE OF FORESTRY 33 

How TO ENROLL. On arrival at the University students should 
report at the office of the dean, room 1, College of Forestry, 
where they will be given all necessary directions. 

As the time for the course is limited, all men should report 
for enrollment on January 2, in order that all classes may begin 
promptly at 8 o'clock on the morning of the 3d. 

ATTENDANCE AND DEPORTMENT. Students in these courses will 
be expected to attend classes regularly and in all respects will be 
required to observe the same rules that apply to the regular long 
course students in the University. 

EXAMINATION AND CERTIFICATE. Examinations will be given 
in the various subjects at the close of the course and a certificate 
showing the work satisfactorily covered will be issued to each 
student. 

DESCRIPTION OF SUBJECTS 

SILVICULTURE. Three lectures or recitations a week, field 
work additional. KIRKLAND. 

The requirements of trees for soil, light, water and climate; 
the special requirements of the trees of the Northwest. The re- 
production of trees, how to secure new growth after logging by 
natural reproduction; system of cutting to this end. Reproduc- 
tion by seeding and planting, seed collecting; nursery practice; 
transplanting; forest protection. 

FOREST MEASUREMENTS. Two lectures and one-half day field 
work a week. CLARK, NELSON, Assistants. 

(a) General mensuration. The theory of construction and 
the use of log rules; their comparative values; other units of 
measuring timber. The construction and use of height measures 
and diameter measures; how to make and use volume tables. 

(b) Scaling. Lectures accompanied by extensive practical 
exercises in the woods. This work is given during the last four 
weeks of the course. 

Methods of deducting for defects; the keeping of scale rec- 
ords; log grading. 

(c) Cruising and mapping. Lectures accompanied by ex- 
tensive field practice. The last two weeks of the course are large- 
ly given over to field practice. 

The methods of cruising timber in use in the Northwest; 
how to tell defect and allow for it. Woods mapping; preparation 
of cruising reports. 



34 UNIVERSITY OF WASHINGTON 

FOREST SURVEYING. First year. Two lectures and two four- 
hour laboratory or field periods. NEWTON. 

Engineering drawing, topographical and map drawing. In- 
struction and field practice in the use of the chain, hand compass 
and Forest Service compass, hand level, clinometer and transit 
in direct application to woods work. 

CHARACTERISTICS OF TREES. Two lectures or recitations and 
one two-hour laboratory period a week. WINKENWERDER. 

Simple characters by which the local trees may be recog- 
nized, both in the summer and winter condition; their classifica- 
tion, distribution and use. 

FOREST ADMINISTRATION. Three lectures or recitations a 
week. CLARK, assisted by members of the United States and 
British Columbia Forest Service. 

(a) Policies. Objects of forest administration. Use of the 
national forests; timber sales; privileges, and grazing policies; 
organization of the Forest Service; duties and qualifications of 
forest officers. 

(b) Methods. Regulations and instructions governing dis- 
posal of timber, range and all other forest resources; use and 
disposal of land; rights-of-way ; protection against fire and tres- 
pass; improvement work; fiscal matters; investigations; reports, 
permits, use of forms and supervision of work. 

FIRST AID TO INJURED. Ten lectures. HALL. 

What to do in case of accidents; how to use bandages; the 
treatment of shock, bruises, cuts, burns and poisoning. Demon- 
strations. 

LOGGING. For students in lumbermen's course and second 
year forestry course. Four lectures and one field period per 
week. CLARK. 

Construction of logging railroads, camps, landings, etc. The 
making of topographic maps and the surveying of logging rail- 
roads. Students will actually make a topographic map and sur- 
vey several miles of logging spurs in this course. 

WOOD UTILIZATION. Four lectures a week, and occasional 
field trips to local wood using plants. GRONDAL. 

Preservation of wood, creosoting piling, paving blocks and 
lumber. Comparative strength of timber, the construction of 
buildings and economic uses of wood. Wood for the manufac- 
ture of boxes, wood pipe, silos, etc., and the value of such prod- 



COLLEGE OF FORESTRY 35 

ucts. Wood distillation, utilization of waste, tanbark, turpen- 
tine and other products. 

PROPERTIES OF WOOD. Two lectures and one afternoon of lab- 
oratory work a week. WINKENWERDER. 

The structure of wood; physical properties, color, shrinking 
and swelling, checking, seasoning; simple characters for recog- 
nizing the various commercial species in the piece. 

FOREST ECONOMICS. Two lectures a week. KIRKLAND. 

Economic relation of forest to other resources, relation of for- 
est industries to other industries. Special effort is made to 
analyze economic conditions in the lumber industry and the 
means for betterment of conditions. 

GEOLOGY. Two lectures or recitations a week. SAUNDERS. 

Common minerals, manner of occurrence and identification; 
mining, lode and placer work; how to select ore samples and use 
gold pan; work confined mainly to that which will assist in de- 
termining the validity of mineral and coal claims. Soil classifica- 
tion. 

FOREST BOTANY. One two-hour laboratory period per week. 
HOTSON. 

A study of roots, stems, leaves, flowers and their modifica- 
tion. Fruits and seeds. How plants are named and how to find 
their names. Special emphasis is placed on range plants. 

DISEASES OF TREES. Six to ten lectures. HOTSON. 

How fungi are distributed, how they get into the trees and 
what to do with them. General causes and nature of decay. The 
general principles underlying the treatment of diseased trees and 
timbers. 



The Bulletin of the University of Washington 
includes the following Publications: 

ENTRANCE INFORMATION 
THE CATALOGUE 

BULLETINS OF 

COLLEGE OP LIBERAL ARTS 

COLLEGE OF SCIENCE 
COLLEGE OF EDUCATION 

LIBRARY SCHOOL 

SCHOOL OF COMMERCE 

COLLEGE OF ENGINEERING 

COLLEGE OF FINE ARTS 

COLLEGE OF FORESTRY 

SCHOOL OF LAW 

COLLEGE OF MINES 

SHORT MINING SESSION 

COLLEGE OF PHARMACY 

GRADUATE SCHOOL 
EXTENSION DIVISION 

SUMMER SESSION 

PUGET SOUND MARINE STATION 

BULLETIN OF VOCATIONAL COURSES 

Requests for bulletins, or for general informa- 
tion in regard to the University, and all credentials 
and correspondence relative to admission or advanced 
standing should be addressed to THE RECORDER, 
University of Washington, Seattle, Washington. 

FRANK M. LAMBOEN, PUBLIC PRINTER 



^ //' 



WASHINGTON AGRICULTURAL EXPERIMENT STATION 
Pullman, Washington, March 10, 1917 



POPULAR BULLETIN No. 108 

0?u " * 

Tree Planting in Eastern Washington 

0. M. Morris, Horticulturist 



The purpose of this bulletin is to give information that 
will be of value to those interested in tree planting. There 
is an increasing interest in planting trees for the purpose of 
Increasing the comfort and attractiveness of the home. The 
reports of the State Department of Agriculture indicate 
that in the last three years there has been a good increase 
in the sale of nursery trees other than fruit trees. 
Large numbers of these have been used in towns and there 
is need of increasing the plantings made around the farm 
home for windbreak formation and in other ways increas- 
ing the attractiveness of the place. 

The nursery grown deciduous trees are usually better 
than those taken from the native woods. The tree started 
in the native woods seldom has a root system well adapted to 
transplanting work, and the top is usually not so well formed 
as the nursery grown tree. 

SEASON OF PLANTING 

Late fall and early spring are the best seasons for plant- 
ing. Late fall planting is most convenient and satisfactory 
for groves or windbreaks in which a large number of plants 
are set and the work must continue for three or four weeks. 
For the small place where only a few trees are used and the 
,work can be done quickly, spring planting is most common 
because it is most convenient. The planting should be done 
Before growth starts in the spring, but if the ground is wel] 
prepared and the work well done there is little difference 
in results of the fall and spring planting. The work may 
'be done any time during the winter when the weather and 
conditions of the soil will permit. 

PREPARATION OF THE LAND 

The land should be prepared by thoro, deep cultivation 
and fertilization. Deep fall plowing followed by disking or 
harrowing will develop a suitable soil for large plantings. 
The soil for the small plantings about the house should be 
well fertilized. This can best be" done with a good dressing 
of well rotted barnyard manure. It should extend ten feet 
or more in every direction from .where the tree is to stand. 



* * - 

iV'LJ.^j */^ . 

In small 'areas ' this can be spaded into the soil. The thoro 
'and deep preparation of the land cannot be over emphasized, 
las trees feed from wide areas in the soil and rapid growth 
is dependent upon the supply of available plant food mater- 
ials and water in the soil. 

The holes should be dug large enough to receive the 
trees without bending any of the roots. The depth should 
; depend upon the size of the plants used. One year old seed- 
lings can often be set in holes made by lifting out one 
spade full of earth. For trees six feet tall or larger the 
holes should be dug at least two feet deep and refilled to 
the proper level with surface earth. They should not be dug 
and left open longer than is necessary before planting. 

PLANTING 

The trees should be prepared for planting by cutting 
iaway all broken and mashed parts of the roots and all fib- 
*rous roots not well covered with soil. These dry out quickly 
and are usually dead before planting is done. 

Very small trees can be quickly placed and the earth 
firmly tramped about their roots. The larger trees should 
jbe placed on surface soil that has been thrown into the hole 
and firmed by tramping with the feet or with a tamper. 
The soil is then thrown into the hole and packed about the 
roots with a tramper made of two-by-four or similar sized 
timber. Shake the tree to cause the soil to fill in well 
around the large roots and begin tramping as soon as enough 
soil has been thrown in to cover the roots. The surface soil 
should not be packed with a tramper or by water. Water 
may be used to settle the soil about the roots but it does not 
always work well and should not be depended upon. 

Evergreen trees and shrubs will not endure as much 
exposure of the roots as the deciduous plants. The larger 
plants are very difficult to transplant. The trees three feet 
tall and smaller are transplanted most successfully. A mass 
of earth is moved with the plant and handled so that the 
roots are not lessened from the surrounding soil. 
TIME TO TRANSPLANT 

The deciduous trees can be transplanted any time dur- 
ing their dormant period depending on the condition of the 
soil and weather for best results. Early fall and late spring 
planting should be avoided in all sections of light rainfall. 
The degree of care exercised in planting has more influence 
over the results than the time of planting. However, plant- 
ing after growth has started in the spring should always be 
avoided. 

Evergreens can be transplanted best in the early spring. 
They can be moved at other seasons sucessfullhy but more 



labor and attention is required. The firs and pines do not 
respond well to pruning and are usually shaded or screened 
: from the sun and wind for the first season after transplant- 
ing. 

CULTIVATION 

Trees make the best growth when they have the entire 
use of the soil to the exclusion of other plants. Clean culti- 
vation with horse tools should be given as much as possible. 
A mulch of hay or coarse litter retains the soil moisture Well 
; and when used should cover an area ten to fifteen feet 
across when placed around trees eight feet tall or larger and 
should be maintained for several years if once established. 
Hand cultivation can be given but the most common faults 
are that it is not given frequent enough, and the area culti- 
vated is too small to permit proper development of the tree. 

Water should be given in sufficient quantity to wet the 
soil to a depth of three feet or deeper when applied. Water- 
ing sufficient to wet the surface is of little value and may 
be harmful. Weeds and grass can usually live in a drier soil 
than recently transplanted trees and often use so much 
moisture that the trees die for want of it. 

VARIETIES 

Select and plant only the varieties that are adapted to 
the location and will serve the purpose for which they are 
to be used. Temporary plantings can be made of short lived, 
quick growing trees but the permanent plantings should be 
made of select material only and such planting should be 
delayed until satisfactory plants can be secured. On the 
farm two or three of the best varieties are all that are need- 
ed for. shade and windbreak formation. As many varieties 
as may be desired can be used for ornamental planting. 

In town there should be agreement and cooperation in 
planting to the end that all of the trees on any one street 
should be the same. The plantings back from the street 
may be done according to the taste of the individual owners. 
There are only a few kinds of trees that are satisfactory for 
street planting in any one section of the state. 

Black Locust. This is a rapid growing tree of medium size, with 
an upright, narrow, oval shaped top that casts a light open shade. 
Jn this state it has been almost free from attacks of insects and 
disease and is very resistant to drouth. The wood is hard, strong, 
very resistant to decay and lasts a long time when used as posts. 
This is the best tree that can be used for general planting for 
windbreak and shade formation in the light rainfall sections of the 
state. 

Norway Maple. This is a rapid growing tree of medium size 
with a broad oval top that casts a dense shade. It is quite hardy 
and very desirable for general planting. The most serious objection 
to it is based on the fact that its foliage is attacked by aphis. 



Sifiver or Soft Maple. This is a very rapid growing tree of med- 
ium to large size with high spreading top that casts a good shade. 
The liimbs grow long and slender and are easily broken by the wind. 
It is medium resistant to drouth and is one of the best trees that 
can be used for yard planting in sections that have twenty or more 
inches of rainfall per year. 

English Maple. This is a medium growing tree of .medium size 
with spreading, thick top that casts a dense shade. It is drouth 
resistant and well adapted to shade and windbreak formation. 

Green Ashu This is a medium growing tree of medium size v.Ith 
spreading top that casts a dense shade. It is little bothered by in- 
sects and diseases and is hardy and drouth resistant. It is one of 
the best shade and road side trees. 

White Ash. This is a medium growing tree of medium size, 
with upright spreading top. It produces a less dense shade than the 
Green Ash. It is bothered but little by insects and diseases and is 
drouth resistant after it has been well established. It is a good 
ishade and road side tree. 

Russian O'live. This is a small, medium growing tree. It is ex- 
tremely drouth resistant and especially adapted to planting in light 
rainfall sections for windbreak formation. 

Carolina PopUar. This is a medium to large tall, rapid growing 
tree. It is very hardy and drouth resistant but inclined to be short 
lived in light rainfall sections. It is a splendid tree for temporary 
plantings. 

Cottonwood. This is a tall rapid growing tree that is drouth 
resistant while young. It is short lived in light rainfall sections but 
well adapted to temporary planting where quick results are desired. 

Silver Poplar. This is a medium to large rapid growing tree 
with a spreading top. It is hardy and drouth resistant while young 
and well adapted to temporary planting. 

Boxolder. This is a rapid growing tree while young. It has been 
widely planted but is not' sufficiently drouth resistant to be satis- 
factory for planting in light rainfall sections. 

English Oak. This is a medium growing tree of medium size, 
with a broad spreading top. It is hardy and drouth resistant and is 
a splendid tree for permanent planting in sections having eighteen 
or more inches of rainfall per year. 

English Walnut. This is a a lage rapid growing tree with a 
broad spreading top that casts a dense shade. It is especially adapted 
to planting in the irrigated sections of the state. In some localities 
(it is valuable for the crop of nuts it produces. 

The following varieties are often used for special purposes with 
good results: American Elm, English Elm, Hackberry, Linden, Black 
Walnut, Horse Chestnut, White Birch, Mountain Ash, White Willow, 
and Golden Willow. There are also many others not mentioned here 
that do well in special localities. 

The following varieties of .evergreen trees are worthy of more 
general planting for ornamental and windbreak formation: Red Fir, 
Colorado Blue Spruce, Norway Spruce, Bull Pine, Douglas Spruce,. 
Irish Juniper, Austrian Pine and Scotch Pine. 



Tenth Annual Report o the 

Washington Forest Fire 
Association 

1917 



A 

Officers: 

PROPERTY 

GEO. S. LONG, President 
E. G. AMES, Vice President 
B. W. BAWDEN, Treasurer 
G. C. JOY, Chief Fire Warden 
O. BYSTROM, Secretary 



Trustees : 

GEO. S. LONG, General Manager 

Weyerhaeuser Timber Company 
E. G. AMES, Manager 

Puget Mill Company 
THOS. BORDEAUX, President 

Mason County Logging Company 
T. JEROME, Secretary 

Merrill & Ring Lumber Company 
B. W. BAWDEN, Manager 

James D. Lacey & Company 
M. R. HUNT, Representing 

Milwaukee Land Company 
L. G. HORTON, Secretary-Treasurer 

Northwest Lumber Company 



Offices: 1126-7 Henry Building 
Seattle, Washington 



REPORT OF WASHINGTON FOREST FIRE ASSOCIATION Three 

Report of the President 

To the Members of the Washington Forest Fire Association: 

The very complete reports submitted herewith by the Secretary 
of the Association and by the Chief Fire Warden of the Association, 
cover the activities for the year 1917 so fully that additional com- 
ments seem unnecessary. 

It is with much satisfaction, however, that I can report that the 
laws of the State of Washington now make it necessary for every 
timber land owner to take part in the expense of forest fire pro- 
tection, and this puts in the hands of the State Forester more funds 
than were available for the patrol and safeguarding of timber in the 
state. It is a matter of added congratulation that both the federal 
and state authorities are working very harmoniously with our Asso- 
ciation in all the details of fire patrol and fire protection. 

The record for the year 1917 was remarkably good, considering 
the fact that the summer months were probably the driest that the 
state has had for the past fifteen years. Every year, however, adds 
to the hazard that surrounds the forests, for there is now being cut 
annually over 100,000 acres of timber land and the debris that is left 
behind in the cutting of timber is a continual and an increasing menace 
and nothing but the most careful handling of the situation would pre- 
vent disastrous fires. 

The public at large are showing more and more interest in forest 
protection and there is no dissenting voice raised in opposition to the 
methods that are adopted to protect the forests. 

Respectfully submitted, 

GEO. S. LONG, President. 



Four :: :: THE TENTH ANNUAL REPORT OF THE 

Financial Statements for Year 1917 

BALANCE SHEET DECEMBER 31, 1917 
ASSETS 

Cash in Metropolitan Bank of Seattle $ 536.04 

Assessments Collectible 876.20 

Equipment, Tools and Supplies 1,263.00 

Office Furniture and Fixtures 265.00 

Printing and Office Supplies 35.00 



$ 2,975.24 
LIABILITIES 
Surplus : 

Balance at January 1, 1917 $ 2,768.81 

Add Excess of Income over Expenses for 
year ending December 31, 1917, as per 

statement annexed 206.43 

$ 2,975.24 

INCOME AND EXPENDITURE ACCOUNT FOR YEAR 1917 

Assessments Levied 2 cents per acre: 

Amount Collected $55,785.21 

Amount Outstanding 876.20 



Net Assessments for year 1917 $56,661.41 

Add Assessments collected for 

year 1915 previously written 

off 12.00 

$56,673.41 

EXPENDITURES 

Patrol Salaries, Wages and Miscellaneous Ex- 
penses $37,352.11 

Patrol Expenses 7,980.53 

Fire Expense and Extra Labor 7,719.41 

Office Rent, Salaries and Expenses 2,035.61 

Stationery, Printing and Postage 816.87 

Depreciation and Maintenance of Equipment, 

Tools, Furniture and Fixtures, etc 520.75 



Total Expenses $56,425.28 

Add Delinquent Members' Accounts written off 41.70 

56,466.98 

Balance Being Excess of Income over Ex- 
penses for the Season 1917, carried to 
Balance Sheet .. $ 206.43 



WASHINGTON FOREST FIRE ASSOCIATION :: :: Five 

To the Trustees of the Washington Forest Fire Association: 

We have examined the books of the Washington Forest Fire 
Association for the Year 1917 and hereby certify that the foregoing 
Balance Sheet and accompanying Income and Expenditure Account 
set forth the financial condition of the Association at December 31, 
1917, and the result of the operations for the year ending that date. 

PRICE, WATERHOUSE & CO., 

Seattle, Wash., January 29, 1918. Certified Public Accountants. 



Six :: :: THE TENTH ANNUAL REPORT OF THE 

Secretary's Report Covering Operations 
for tke Year 1917 

The year covered by this report proved an active period in the 
history of the Washington Forest Fire Association. Toward the latter 
end of the season the fire situation became very serious with numerous 
fires throughout our territory. 

Notwithstanding the unfavorable conditions which confronted us 
expenses were not much above normal for previous seasons and the 
assessments were held down to 2c per acre which proved sufficient to 
carry the Association through the year. 

During the past year the Association gained 148 new members, 
the total membership now consisting of 346 individuals and cor- 
porations. 

The total area of timber lands listed in the Association aggregates 
2,833,071 acres, a gain from last year of 291,092 acres. 

The net cost of operation for the year amounted to $56,425.28 
or 1.99 cents per acre counting membership holdings. 

The certificate of Price Waterhouse & Company, Certified Public 
Accountants, on foregoing page to which reference is hereby made, 
contains income and expenditure account for the year and shows the 
present financial condition of the Association. 

Working under the provisions of the new Forest Fire Law en- 
acted by the legislature of 1917, the Association entered into agree- 
ment with the State Forester to patrol and protect some 600,000 acres 
of timber land in its territory belonging to non-members of the Asso- 
ciation who have made no attempt to comply with the patrol sections 
of this Law and against whose lands assessments have been levied by 
the State Board of Forest Commissioners for this purpose. The 
Association is to be recompensated for this service to the amount of 
2c per acre as assessments are collected and paid in to the State 
Forester. 

The new Forest Fire Law above referred to, has proved very 
beneficial to forest protection in this State. Under its provisions 
timber owners who have heretofore escaped their share of expenses 



WASHINGTON FOREST FIRE ASSOCIATION :: :: Seven 

for patrol and protection work are made to contribute their just pro- 
portion. About one million acres of timber land has thus been added 
to the contributing area of which some 600,000 acres are paying its 
share through assessments by the State, 291,000 new acres were 
listed in the Association and for about 150,000 acres individual patrol 
is provided by the owners thereof. 

All of the regular field force were this year protected under the 
Workmen's Compensation Act of the State. Only one accident, of 
minor nature, was reported. 

As the year 1917 completes the tenth season of the activities of 
the Washington Forest Fire Association it may be appropriate to 
review the work during the decade. Organized efforts for forest pro- 
tection against fire in the State of Washington were inaugurated in 
1905 when the legislature passed the first Forest Fire Law and 
established the office of State Fire Warden. Appropriations to carry 
on the work of the State were, however, and still are wholly in- 
adequate and in 1908 timber owners in the Western part of the State 
organized the Washington Forest Fire Association for the purpose 
of co-operating with State and Federal authorities in the preservation 
of the forests from loss by forest fires. The expenses connected with 
the activities of the Association are borne pro rata by the members 
according to acreage. 

The Association is governed by a Board of Trustees consisting 
of seven members elected at the Annual Meeting which is held on the 
first Tuesday of March each year. Assessments to carry on the work 
of the Association are levied by the Trustees as needed. The general 
rule has been to call for one cent per acre at the first meeting of the 
season and to supplement this call with an additional levy in the month 
of August, when the amount required to carry the work through the 
year can be approximated. Assessments levied and amounts expended 
for forest patrol and protection by this Association are as follows: 

Season Levy Per Acre Expenditures Cost Per Acre 

1908 1 Cent ..$22,998.46 0.91 Cents 

1909 iy 2 " 37,350.54 1.40 " 

1910 2 " 62,788.75 2.31 " 

1911 2 " 55,763.35 1.70 " 



Eight 



THE TENTH ANNUAL REPORT OF THE 



Season 



Levy Per Acre 



Expenditures Cost Per Acre 



1912 1% ' $39,723.99 1.45 Cents 

1913 ll/2 " 44,173.75 1.62 " 

1914 2 " 58,758.68 2.20 " 

1915 2 " 46,022.01 1.78 " 

1916 ll/ 2 " 43,754.46 1.68 " 

1917 2 " 56,425.28 1.99 " 

During the past decade the damage to standing timber from fire 
in the territory covered by the Washington Forest Fire Association 
has been estimated as follows: 

1908 15,000,000 feet 

1909 50,000,000 " 

1910 500,000,000 " 

1911 83,000,000 " 

1912 410,000,000 " 

1913 1,000,000 " 

1914 30,000,000 " 

1915 17,500,000 " 

1916 22,000,000 " 

1917 155,000,000 " 



1,283,500,000 

The largest percentage of the timber killed by forest fires was 
saved, or can be, by reason of its being accessible to logging operations. 

The amount actually burned up or destroyed during this period 
is about 121,000,000 feet. To this total loss should also be added 
about 90,000,000 feet killed by fire inaccessibly located or too far 
from present logging operations to be logged before deterioration has 
destroyed its value. Deterioration in the fire killed timber logged or 
being logged will cause considerable loss to its value, the amount 
depending upon the time it is left standing. Allowing 25 per cent 
to offset this loss we have an additional 250,000,000 feet which must 
be charged to forest fire devastation, making a total loss for the ten 
year period of about 461,000,000 feet, or an average of 46,100,000 
feet per annum. 

While the amount of killed timber may look large running up as 



WASHINGTON FOREST FIRE ASSOCIATION :: :: Nine 

it does into over one and a quarter billion feet for the decade of 
which nearly one-half billion feet appears to be a total loss the 
average per annum is comparatively small. 

A fair estimate of the amount of standing timber in Western 
Washington, outside of the National Forests, is one hundred and fifty 
billions of feet, and the actual fire loss of forty-six million feet 
annually is only 3/100 of one per cent of the present stand. 

There are no statistics available from which a reliable estimate 
of fire losses to timber prior to the organization of this Association 
can be computed, and consequently no comparison can be made with 
an earlier period. It is well known, however, that forest fires de- 
stroyed billions of feet of timber in Washington during the decade 
1898-1907. 

Our splendid forests constitute the greatest asset of the State. 
In some of the Counties half of the wealth is represented by its tim- 
ber. As an illustration it may be mentioned that in Clallam County 
63 per cent of all taxable property carried on the tax rolls appears 
under classification of timber lands. In Mason County 62 per cent; 
Jefferson, 52 per cent; Pacific, 48 per cent; Grays Harbor, 44 per 
cent; Cowlitz, 44 1 per cent; Wahkiakum, 42 per cent; Skamania, 42 
per cent; Lewis, 35 per cent; Skagit 21 per cent. 

The prosperity of Western Washington depends upon the forests 
and the importance of providing ample protection for this great re- 
source is clearly apparent. 

O. BYSTROM, Secretary. 



Ten :: :: THE TENTH ANNUAL REPORT OF THE 

Report of tke Chief Fire Warden for 1917 

To the Trustees of the Washington Forest Fire Association. 
Gentlemen : 

I regret that I am compelled to come to you with a report which 
is not as favorable, from the standpoint of damage to timber, as I 
have been able to bring for any one of the four years preceding, or 
since I have held the office of Chief Fire Warden. This is the result 
of one fire as will be shown by the table of losses, given on another 
page of this report. 

Weather Conditions: 

Up until the last days of June the weather was most favorable 
and the indications were that we would have an easy season, but on 
the 29th of this month the weather cleared and little rain fell be- 
tween then and the 8th of September. However, the very hazardous 
weather which occurred during the last ten days of August was not 
entirely due to lack of rain but can be attributed more to the ex- 
ceedingly hot winds which prevailed at intervals during July and 
August. 

Those interested in forest protective work, are of the opinion that 
this was one of the worst years for bad fire weather that has ever 
occurred. It was not the dryest season but there was a combination of 
high temperatures with strong winds which at times taxed our resources 
to the utmost to combat. 

Organization: 

Our regular patrol forces consisted of seven Inspectors, seven 
District Wardens and sixty-eight rangers. We also joined with the 
State in the employment of three Weeks-Law patrolmen. 

A new plan for supervising the work of the rangers and patrol- 
men was tried out in co-operation with the State Forestry Depart- 
ment. Seven men were appointed District Wardens by the State 
Forester. These men had charge over both State and Association 
patrolmen working within their districts. Three of the men selected 
for these positions were Association Inspectors and three were former 
County Wardens. This plan puts the responsibility under one head 



WASHINGTON FOREST FIRE ASSOCIATION :: :: Eleven 

and brings about a co-ordination of effort between the Association and 
State which it was difficult to attain under the old way of doing things. 
The results of this arrangement were most satisfactory and I would 
suggest that the plan be extended to cover more districts another year. 

Automobile Patrol: 

More automobiles were used this year than ever before. All of 
our Inspectors, the District Wardens and seventeen of our rangers 
were equipped with autos as a means of transportation. Each ranger 
with an auto was required to patrol two districts. The results indicate 
that the ranger with an auto, knows more about what is going on in 
his district and has a better control of the fire situation generally. 
The expense is less than under the old system and the men are better 
satisfied with their work. All of the autos used were Fords and the 
cost of operation was a little under four and one-half cents per mile. 

In the early part of the season, the men were engaged in seeking 
out the location of bad fire hazards; clearing out trails; constructing 
camp-sites for tourists ; assisting in the construction and rehabilitation 
of telephone lines ; posting warning and sequence signs ; granting per- 
mits to burn and assisting farmers and others in burning their slash- 
ings. We have a loyal and energetic force of men who take a great 
deal of pride and interest in their work. 

Publicity: 

A large number of letters to loggers, road contractors and rail- 
road superintendents were sent out, giving notice of the requirements 
of the Fire Laws and inviting their co-operation in not only enforcing 
the Laws but also in preventing and suppressing fires. 

One thousand copies of a recent Supreme Court Decision, fixing 
responsibility of land owners for fires originating on their holdings 
was printed and sent to those interested. 

The newspapers of the State are deserving of our thanks for the 
timely warnings given by them to the public. 

Losses : 

There were 883 fires reported by our rangers and the State patrol- 
men in the counties West of the Cascade Mountains. According to 



Twelve :: :: THE TENTH ANNUAL REPORT OF THE 

these reports 155,398 M feet of timber was killed by fire; of this 
amount 16,177 M feet will be a total loss. 

While there were some very bad fires, only one killed any ap- 
preciable amount of timber. This occurred on the 24th of August in 
Eastern Lewis County, in Townships 12 and 13 North, Range 5 East. 
It originated in the logging operations of the West Fork Logging 
Company. This was in July. It was properly looked after at that 
time and no damage was done, but some fire which had been smoulder- 
ing unseen, broke out on the date mentioned, (which was a very hot 
day) and by nightfall it had covered an area approximately one mile 
wide by five miles long. Fortunately a logging road is completed into 
the center of this tract so that a large part of the killed timber can 
be logged before it decays. 

There were several bad logging camp fires in which the loss in 
logs and logging equipment was considerable. Between the 20th of 
August and September 1st, there occurred some of the worst fire 
weather I have ever experienced. During this period a good many 
fires broke out and burned over large areas of logged-off land but few 
of them were allowed to get into green timber, consequently, with the 
one exception, the loss to standing timber was slight. 

The co-operation of the State and Federal fire protective or- 
ganizations was most cordial and assistance in a very substantial way 
was rendered by them, in fact, I think there was the most effective 
co-operation between the three forces that we have ever had. 

We are favored by a visit from J. G. Peters, Chief of Co-operation 
of Weeks-Law funds. Mr. Peters came from Washington, D. C. In 
company with F. E. Pape, State Forester, and myself, he traveled over 
a considerable portion of Western Washington. This gave him an 
opportunity to get first hand information of our work. It also gave 
us an opportunity to have explained the conditions under which 
Weeks-Law funds were allotted. 

This State received a regular allowance of $8,000.00 from this 
fund for the year. At the urgent request of State Forester Pape and 
myself and upon recommendation of the Forest Service officials an 
additional sum of $500.00 was granted. This was owing to the emer- 
gency created by the unusual fire conditions at the close of the season. 



WASHINGTON FOREST FIRE ASSOCIATION :: :: Thirteen 

We co-operated with the people living in the Toutle River valley 
in Cowlitz County, in the purchase of the rehabilitation of the telephone 
line extending from Toutle Post Office to Spirit Lake in Skamanii 
County. We contributed $100.00 towards the purchase of this line ii 
addition to the services of our rangers in putting it in order. Thii 
has put our patrol organization in Lewis, Cowlitz, Clark and Skamanh 
Counties in direct communication with the lookout on Mount St. Heleni 
which has been recently established there by the Forest Service. 

We also co-operated with the Cowlitz County Commissioners ii 
opening the trail along the Kalama River between Pigeon Springs an< 
Merrill Lake. 

A temporary or experimental lookout station was established ii 
Western Clallam County, the expense of which was borne jointly bi 
the State Forestry Department, the Forest Service, the James D. Lace} 
Company and ourselves. 

We also contributed towards the construction of a trail leading 
to the lookout which is being established by the Forest Service 01 
Mount Pilchuck in Snohomish County. 

We had the hearty co-operation of loggers, millmen, railway com 
panics and a great many individuals in our work. 

In some localities, help was hard to get, owing to so many of th< 
logging camps being closed down on account of the timber workers 
strike. 

The new Fire Law had a very salutary effect in increasing th< 
acreage listed with 291,092 acres more being added. Under this Law 
the State Board of Forest Commissioners has made a levy of 2c pei 
acre on all timber lands which have hitherto escaped contributing any 
thing towards forest protection. Some 600,000 acres were thus leviec 
on. The funds received from this source will very materially aid ir 
fire protection work next season. 

The new Fire Law seems to be all that we need in the way 01 
legislation for forest protection at the present time. 

Sixteen arrests were made for violation of the Law. Fourteer 
convictions were secured. 

Respectfully yours, 

G. C. JOY, Chief Fire Warden. 



Fourteen 



THE TENTH ANNUAL REPORT OF THE 



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WASHINGTON FOREST FIRE ASSOCIATION :: :: Fifteen 



Standing Committees 



EXECUTIVE COMMITTEE 

NAME ADDRESS 

E. G. AMES Port Gamble, Washington 

E. G. GRIGGS Tacoma, Washington 

M. R. HUNT ..Seattle, Washington 

GEO. S. LONG Tacoma, Washington 

T. JEROME Seattle, Washington 

B. W. BAWDEN. Seattle, Washington 

THOS. BORDEAUX Seattle, Washington 

L. G. HORTON Seattle, Washington 

\. S. COLLINS Ostrander, Washington 

F. W. DEMPSEY Tacoma, Washington 

J. J. DONOVAN Bellingham, Washington 

r. L. BRIDGE Seattle, Washington 

A. G. HANSON Enumclaw, Washington 

FINANCE COMMITTEE 

I. W. BAWDEN Seattle, Washington 

E. G. AMES Port Gamble, Washington 

FIRE PROTECTION 

1. G. ENGLISH Seattle, Washington 

V. H. MAY Seattle, Washington 

M. R. HUNT Seattle, Washington 

E. G. AMES Port Gamble, Washington 

L. BRIDGE Seattle, Washington 

RALPH D. BROWN Seattle, Washington 

G. C. JOY Seattle, Washington 

LEGISLATION COMMITTEE 

M. E. REED .Shelton, Washington 

A. SIMS Pt. Townsend, Washington 

E. S. COLLINS Ostrander, Washington 

W. I. EWART Seattle, Washington 

V. H. MAY Seattle, Washington 

T. JEROME Seattle, Washington 

H. C. HENRY Seattle, Washington 

C. H. COBB Seattle, Washington 

DAVID SCOTT Tacoma, Washington 

GEO. S. LONG Tacoma, Washington 



Sixteen :: :: THE TENTH ANNUAL REPORT OF THE 

NAME ADDRESS 

E. G. AMES Port Gamble, Washington 

FRANK B. COLE Tacoma, Washington 

J. W. GREGORY Tacoma, Washington 

L. G. HORTON Seattle, Washington 

W. C. ALBEE Tacoma, Washington 

E. MILTON STEPHENS Monroe, Washington 

JOSEPH IRVING Everett, Washington 

J. J. DONOVAN Bellingham, Washington 

M. R. HUNT Seattle, Washington 

J. G. McFEE Seattle, Washington 

J. H. BLOEDEL Seattle, Washington 

J. A. BYEHLY Castle Rock, Washington 

PAT McCoY Seattle, Washington 

PUBLICITY COMMITTEE 

V. H. MAY Seattle, Washington 

O. D. FISHER Seattle, Washington 

W. I. EWART : Seattle, Washington 

FRANK B. COLE Tacoma, Washington 

THOS. BORDEAUX Seattle, Washington 

M. R. HUNT Seattle, Washington 

W. W. SEYMOUR Tacoma, Washington 

R. H. BURNSIDE Raymond, Washington 

A. F. ANDERSON Seattle, Washington 



WASHINGTON FOREST FIRE ASSOCIATION :: :: Seventeen 

Members of the Washington Forest 
Fire Association 

December 31, 1917 

NAME ADDRESS 

ABEL, W. H Montesano, Washington 

ALDWELL, THOS. T Port Angeles, Washington 

ALEXANDER BROS Chehalis, Washington 

ALEXANDER, J. B Seattle, Washington 

ALOER LOGGING COMPANY Portland, Oregon 

ALLEN & NELSON MILL COMPANY Seattle, Washington 

ANDERSON, A. F Seattle, Washington 

ANDERSON, WM. H Grand Rapids, Michigan 

ANDERSON & MIDDLETON TIMBER Co Aberdeen, Washington 

ASHE BROS Granite Falls, Washington 

ATLAS LUMBER COMPANY, THE Seattle, Washington 

AVERY, W. A Detroit, Michigan 

BABCOCK, BURTON Ionia, Michigan 

BAILEY, J. G., ESTATE Cathlamet, Washington 

BAIRD, E Dayton, Washington 

BARDON, THOMAS Ashland, Wisconsin 

BARKER, S. W Seattle, Washington 

BARKER CREEK TIMBER COMPANY Seattle, Washington 

BAUER, NICHOLAS New Bavaria, Ohio 

BENN, SAMUEL Aberdeen, Washington 

BERRY, J. R Puyallup, Washington 

BLANCHARD, JOHN Bellefonte, Pennsylvania 

BLOEDEL-DONOVAN LUMBER MILLS Bellingham, Washington 

BONER, W. H Everett, Washington 

BOWMAN, ROBERT Skamokawa, Washington 

BRADLEY, EDW Tomahawk, Wisconsin 

BRADLEY, JAMES W Milwaukee, Wisconsin 

BRADLEY, N. B. & SONS Portland, Oregon 

BRADLEY LOGGING COMPANY Portland, Oregon 

BREWER, F. A Duluth, Minnesota 

BRINKERHOFF, A. B., ESTATE Elgin, Illinois 

BROWN, S. A Portland, Oregon 

BROWN BROS. LUMBER COMPANY Seattle, Washington 

BUNKER, W. L Raymond, Washington 

BURNS MILL COMPANY Seattle, Washington 

BURROWS & RUST - Saginaw, Michigan 

BUTLER, WM. C., & BROWNELL, F. H Everett, Washington 

BYRNE, L. R Seattle, Washington 

CAMP, HOEL H., ESTATE Milwaukee, Wisconsin 



Eighteen :: :: THE TENTH ANNUAL REPORT OF THE 

NAME ADDRESS 

CAMP REAL ESTATE COMPANY Milwaukee, Wisconsin 

CAKAL TIMBER COMPAKY Everett, Washington 

CASCADE TIMBER COMPANY Tacoma, Washington 

CHEHALIS LAND & TIMBER COMPANY Chehalis, Washington 

CHEHALIS & PACIFIC LAND COMPANY Tacoma, Washington 

CHERRY VALLEY LOGGING COMPANY Tacoma, Washington 

CHERRY VALLEY TIMBER COMPANY Everett, Washington 

CHINN, RALEIGH, COMPANY Seattle, Washington 

CHINN TIMBER COMPANY Seattle, Washington 

CHURCHILL, JAMES Centralia, Washington 

CLARK, MRS. MYRA A Raymond, Washington 

CLARKE, I. M Seattle, Washington 

CLARKE, W. B Detroit, Michigan 

CLARK COUNTY TIMBER COMPANY Portland, Oregon 

CLEAR LAKE LUMBER COMPANY Clear Lake, Washington 

CLIPPER SHINGLE COMPANY Clipper, Washington 

COATS-FORDNEY LOGGING COMPANY Aberdeen, Washington 

COBB & HEALY Seattle, Washington 

COFFMAN-DOBSON & COMPANY Chehalis, Washington 

COFFMAN & RUSH Chehalis, Washington 

COLE, F. B Tacoma, Washington 

COLLINS, E. S Ostrander, Washington 

COLONIAL COMPANY Tacoma, Washington 

COLUMBIA COAL & COKE COMPANY Portland, Oregon 

COLUMBIA VALLEY LUMBER COMPANY Skykomish, Washington 

CONEWANGO LUMBER COMPANY Warren, Pennsylvania 

CONNER LAND COMPANY Seattle, Washington 

CORNING, MRS. LUCY W San Anselmo, California 

CORY, A. S Chehalis, Washington 

COWLITZ LUMBER COMPANY Williamsport, Pennsylvania 

CRAIG, R. P Seattle, Washington 

CRAM, W. S Raymond, Washington 

CRARY, MINER D Warren, Pennsylvania 

CRAVER, L. H Seattle, Washington 

CROGSTER TIMBER COMPANY Portland, Oregon 

CROSSETT TIMBER COMPANY Knappa, Oregon 

CROWN-WILLAMETTE PAPER COMPANY Portland, Oregon 

CRUMLEY, J. H Chehalis, Washington 

CURRAN TIMBER COMPANY Portland, Oregon 

DANAHER LUMBER COMPANY Tacoma, Washington 

DAUGHERTY, F. M Morton, Washington 

DAVIS, C. H Saginaw, W. S., Michigan 

DAY LUMBER COMPANY Big Lake, Washington 

DAYTON SAW MILL & LUMBER COMPANY Hall, Washington 

DEEP RIVER LOGGING COMPANY Deep River, Washington 



WASHINGTON FOREST FIRE ASSOCIATION :: :: Nineteen 

NAME ADDRESS 

DEMPSEY LUMBER COMPANY Tacoma, Washington 

DENNY-RENTON CLAY & COAL COMPANY Seattle, Washington 

DIAMOND, L., LUMBER COMPANY Stevenson, Washington 

DISCOVERY BAY LOGGING COMPANY Seattle, Washington 

DOE, MRS. ELLANOR, ET AL San Francisco, California 

DONWORTH, GEORGE Seattle, Washington 

DOSEWALLIPS TIMBER COMPANY Port Townsend, Washington 

DOTY LUMBER & SHINGLE COMPANY Doty, Washington 

Du Bois LUMBER COMPANY Vancouver, Washington 

EAGLE SHINGLE COMPANY Hamilton, Washington 

EASTERN OREGON COMPANY Pendleton, Oregon 

EASTERN RAILWAY & LUMBER COMPANY Centralia, Washington 

EASTERN & WESTERN LUMBER COMPANY Portland, Oregon 

EASTMAN, CHAS. E., ESTATE Detroit, Michigan 

EBEY LOGGING COMPANY Seattle, Washington 

ELBE LUMBER & SHINGLE COMPANY Elbe, Washington 

ELLIOTT, F. B Port Townsend, Washington 

ENGLISH LUMBER COMPANY Seattle, Washington 

ENTERPRISE LUMBER COMPANY Seattle, Washington 

EVERETT PULP & PAPER COMPANY Everett, Washington 

EVERETT TIMBER & INVESTMENT COMPANY Everett, Washington 

FAIRSERVICE, ALSTON Clallam Bay, Washington 

FIR LUMBER MANUFACTURING COMPANY Portland, Oregon 

FIRST NATIONAL BANK OF SEATTLE Seattle, Washington 

FLICK, E. H Seattle, Washington 

FORD, MRS. E. A Forks, Washington 

FORD, O. J Forks, Washington 

FORDNEY TIMBER COMPANY St. Johns, Michigan 

FROST, E. A Chehalis, Washington 

FUNK, GEO. H Olympia, Washington 

GARDNER, N. B..... Toutle, Washington 

GARY, JOHN W., TRUSTEE Chicago, Illinois 

GERBER & KEMPF Fremont, Michigan 

GIBSON & RAIT Portland, Oregon 

GILCREST, CHAS. L Des Moines, Iowa 

GOLD BAR LUMBER COMPANY Gold Bar, Washington 

GOOD, GEO Portland, Oregon 

GRANDIN COAST LUMBER COMPANY Seattle, Washington 

GRAYS HARBOR COMMERCIAL COMPANY Cosmopolis, Washington 

GREAT NORTHERN RAILWAY COMPANY Seattle, Washington 

GREENE, WM. K Seattle, Washington 

GRIFFIN TRANSFER COMPANY Tacoma, Washington 

GUERRIER, J. P., LUMBER COMPANY Forest, Washington 

HALLBERG, P. H Seattle, Washington 

HAMILTON COAL & DEVELOPMENT COMPANY Hamilton, Washington 



Twenty :: :: THE TENTH ANNUAL REPORT OF THE 

NAME ADDRESS 

HAMILTON FARM & TIMBER COMPANY Hamilton, Washington 

HAMMOND LUMBER COMPANY Portland, Oregon 

HANNON, G. R Seattle, Washington 

HANSELMAN, MRS. BERTHA C Portland, Oregon 

HARBECK, H. F., TRUSTEE Grand Haven, Michigan 

HARVEY MILL COMPANY Vancouver, Washington 

HAZELTINE, F. A South Bend, Washington 

HEIM, GEORGE J South Bend, Washington 

HENRY & LARSON LUMBER COMPANY Seattle, Washington 

HERSHEY LUMBER COMPANY Stillwater, Minnesota 

HIGHLAND TIMBER COMPANY Lyman, Washington 

HILL, C. M., LUMBER COMPANY Saginaw, Michigan 

HILL LOGGING COMPANY Bunker, Washington 

HOLLAND, BRIGGS & AVERY Portland, Oregon 

HUDSON, C. A Everett, Washington 

HUMBIRD, J. A., ESTATE Spokane, Washington 

HYLAND, IVAN L Seattle, Washington 

ILLINOIS TIMBER COMPANY Chicago, Illinois 

INDEX-GALENA LUMBER COMPANY Index, Washington 

INMAN-POULSEN LOGGING COMPANY Mount Solo, Washington 

IRVINE, THOMAS, LUMBER COMPANY Everett, Washington 

JEROME, T Seattle, Washington 

JOHNSON-DEAN LUMBER COMPANY Seattle, Washington 

KELLEY, M. H Duluth, Minnesota 

KENAGA, D. H Seattle, Washington 

KENDALL, MRS. FLORENCE A Centralia, Washington 

KENNEY, J. E Deming, Washington 

KEYWOOD, WILLIAM Tacoma, Washington 

KLABER INVESTMENT COMPANY Tacoma, Washington 

KUEHNER, L Chehalis, Washington 

LACEY, JAS. D. & COMPANY Seattle, Washington 

LAKE CONSTRUCTION COMPANY Seattle, Washington 

LAMSON, R. H Fortson, Washington 

LANDECK, MRS. MADELINE.. New York, New York 

LAPLANT, H. A., AGENT Lyman, Washington 

LEADBETTER, F. W Vancouver, Washington 

LEE, O. H Maltby, Washington 

LEIGH, C. P Seattle, Washington 

LEHN, HENRY Clallam Bay, Washington 

LEONARD, J. E Chehalis, Washington 

LEWIS, B. R Seattle, Washington 

LINCOLN TIMBER COMPANY Des Moines, Iowa 

LINDBERG, GUSTAV ! Tacoma, Washington 

LINDLEY, HERVEY Seattle, Washington 

LOCHSLOY TIMBER COMPANY Everett, Washington 



WASHINGTON FOREST FIRE ASSOCIATION :: :: Twenty-one 

NAME ADDRESS 

LONG, T. J Chehalis, Washington 

LUCE, MRS. CHARLOTTE C Grand Rapids, Michigan 

LYMAN TIMBER COMPANY Everett, Washington 

McBRiDE, J. W Spokane, Washington 

McCABE, J. E Seattle, Washington 

MCCARTY, WM Kelso, Washington 

MCCAUGHEY MILL COMPANY Fortson, Washington 

McCoY, PAT Seattle, Washington 

McCoY-LooGiE TIMBER COMPANY Bellingham, Washington 

MCCROSSEN, JAMES INVESTMENT COMPANY Wausau, Wisconsin 

MCDONALD, G. B. & L. J Skamokawa, Washington 

MCNEELY, JAMES Tacoma, Washington 

MCNEIL, MRS. A Seattle, Washington 

MAGGS, CAROLINE R., ESTATE Seattle, Washington 

MANNING, F. A Chehalis, Washington 

MASHELL COAL & COKE COMPANY Tacoma, Washington 

MASON COUNTY LOGGING COMPANY Seattle, Washington 

MENASHA WOODEN WARE COMPANY Seattle, Washington 

MERKEL TIMBER & LAND COMPANY Chicago, Illinois 

MERRILL & RING LOGGING COMPANY Seattle, Washington 

MERRILL & RING LUMBER COMPANY Seattle, Washington 

MERRILL, T. D. AND R. D., INC Seattle, Washington 

MERRILL, R. D Seattle, Washington 

METSCHAN, PHIL Portland, Oregon 

MICHIGAN INVESTMENT COMPANY Everett, Washington 

MICHIGAN TIMBER COMPANY Everett, Washington 

MILBURN, CHAS. C Washington, D. C. 

MILLER, MRS. E. A Guthrie, Oklahoma 

MILLER, WINLOCK W Seattle, Washington 

MILLER, WILMOT H., ESTATE Oshkosh, Wisconsin 

MILWAUKEE LAND COMPANY Seattle, Washington 

MONROE INVESTMENT COMPANY Monroe, Washington 

MORAN, H Seattle, Washington 

MOUNT BAKER TIMBER COMPANY Clear Lake, Washington 

MURPHY & DIGGINS Cadillac, Michigan 

NEFF & PRESTEL Seattle, Washington 

NEHALEM INVESTMENT COMPANY Portland, Oregon 

NELSON, JOHN, ESTATE Montborne, Washington 

NELSON-NEAL LUMBER COMPANY Montborne, Washington 

NETTLETON-BRUCE LOGGING COMPANY South Prairie, Washington 

NEWTON, O. B Oakville, Washington 

NIELSON, E. C Oshkosh, Wisconsin 

NIELSON, FRANK A Oshkosh, Wisconsin 

NOBLE, H. E Portland, Oregon 

NORTH BEND LUMBER COMPANY Edgewick,Washington 



Twenty-two :: :: THE TENTH ANNUAL REPORT OF THE 

NAME ADDRESS 

NORTHWEST LUMBER COMPANY Seattle, Washington 

NYE, L. M Snoqualmie, Washington 

O'CoNNELL LUMBER COMPANY Portland, Oregon 

OLMSTED, CLINT Kelso, Washington 

OLSON, O Kelso, Washington 

OLYMPIC TIMBER & LUMBER COMPANY Seattle, Washington 

O'NEAL TIMBER COMPANY Everett, Washington 

OREOA LAND COMPANY Portland, Oregon 

OREGON IRON & STEEL COMPANY Portland, Oregon 

ORIENTAL LAND & IMPROVEMENT Co Chicago, Illinois 

PACIFIC COAST COMPANY, THE Seattle, Washington 

PACIFIC NATIONAL LUMBER COMPANY Tacoma, Washington 

PACIFIC STATES LUMBER COMPANY Tacoma, Washington 

PAGE LUMBER COMPANY Eagle Gorge, Washington 

PENDLETON, F. R Everett, Washington 

PEDERSON, HANS Seattle, Washington 

PETERSON, CHAS Arlington, Washington 

PHOENIX LOGGING COMPANY Seattle, Washington 

POWELL, J. L Tacoma, Washington 

PRESTON, T. B Ionia, Michigan 

PUGET MILL COMPANY Seattle, Washington 

RAINIER INVESTMENT COMPANY Seattle, Washington 

RELIANCE LUMBER COMPANY, THE Seattle, Washington 

RHINELANDER-PORTLAND TIMBER Co Rhinelander, Wisconsin 

RIVERSIDE TIMBER COMPANY, THE Seattle, Washington 

RIXON, THEO. F Clallam Bay, Washington 

ROBBINS, H. M Hopkins, Minnesota 

ROBBINS, H. M., WALLACE, C. WINTER AND 

WALTER H. MARTIN, TRUSTEES Hopkins, Minnesota 

ROBINSON, J. W Alma, Michigan 

Ross, FLOYD Beaver, Washington 

RUDISILE, J. F Clallam Bay, Washington 

RUSSELL, C. A Winneconne, Wisconsin 

RUTHERFORD, MRS. LYDIA E Pe Ell, Washington 

SACHS, ADAM Elbe, Washington 

SACHTLEBEN, WM. F Bremerton, Washington 

SAGINAW TIMBER COMPANY Aberdeen, Washington 

SALLING, E. N., ESTATE Grand Rapids, Michigan 

SALLING-HANSEN COMPANY Grayling, Michigan 

SALZER, DAN Centralia, Washington 

SANDS, ROGER Seattle, Washington 

SANDS TIMBER COMPANY Seattle, Washington 

SCHOFIELD TIMBER COMPANY Seattle, Washington 

SCHLICHTER, CHAS. A Burlington, Iowa 

SCOTT & HOWE Tacoma, Washington 



WASHINGTON FOREST FIRE ASSOCIATION :: Twenty-three 

NAME ADDRESS 

SEATTLE LUMBER COMPANY Seattle, Washington 

SEVERSON, HENRY P Winneconne, Wisconsin 

SEYMOUR, EDMUND New York, New York 

SEYMOUR, W. W Tacoma, Washington 

SIBLEY, HIRAM W Rochester, New York 

SILER MILL COMPANY Raymond, Washington 

SILVER LAKE RAILWAY & LUMBER COMPANY Castle Rock, Washington 

SILVERMAN, C. L Skamokawa, Washington 

SIMPSON LOGGING COMPANY Shelton, Washington 

SKAGIT COAL & COKE COMPANY Seattle, Washington 

SLADE, S. E., LUMBER COMPANY Aberdeen, Washington 

SLIGH, CLARK, TIMBER COMPANY Grand Rapids, Michigan 

SMITH, J. HOPKINS Portland, Maine 

SMITH, M. F Berlin, Washington 

SMITH & BURR Manistee, Michigan 

SNOQUALMIE FALLS LUMBER COMPANY Seattle, Washington 

SOUND TIMBER COMPANY, THE Seattle, Washington 

SOUTH BEND MILLS & TIMBER COMPANY South Bend, Washington 

SQUIER & GERBER Fremont, Michigan 

ST. PAUL & TACOMA LUMBER COMPANY Tacoma, Washington 

STEPHENS-BIRD LUMBER & LOGGING Co Monroe, Washington 

STEWART, MRS. DAVID Seattle, Washington 

STEWART, F. L Kelso, Washington 

STEWART & ALEXANDER Wausau, Wisconsin 

STIMSON MILL COMPANY Seattle, Washington 

STIMSON TIMBER COMPANY Seattle, Washington 

STOREY TIMBER COMPANY Portland, Oregon 

STROM, SAM Darrington, Washington 

SULTAN RAILWAY & TIMBER COMPANY Everett, Washington 

SUMMA, HENRY H St. Louis, Missouri 

TACOMA MILL COMPANY Tacoma, Washington 

TACOMA SAVINGS BANK & TRUST COMPANY Tacoma, Washington 

THOMPSON, T. F Snohomish, Washington 

THOMPSON, W. W Chehalis, Washington 

THREE LAKES LUMBER COMPANY Three Lakes, Washington 

TIMBER LAND COMPANY Seattle, Washington 

TOEPELT, CHAS Doty, Washington 

TOEPELT, Louis Doty, Washington 

TOLER, J. S Ethel, Washington 

TOZER, DAVID, COMPANY Stillwater, Minnesota 

TYEE LOGGING COMPANY Seattle, Washington 

UNION BANK Jackson, Michigan 

UNION LUMBER COMPANY Seattle, Washington 

UNITED TANNERS TIMBER COMPANY Fremont, Michigan 

VANBIBBER, JIM Riffe, Washington 



Twenty-four :: :: :: :: THE TENTH ANNUAL REPORT 

NAME ADDRESS 

VILAS TIMBER COMPANY Tacoma, Washington 

VINING, MRS. MARY E Seattle, Washington 

WAITE MILL & TIMBER COMPANY Seattle, Washington 

WALKER, WILLIAM, COMPANY Seattle, Washington 

WALLACE LUMBER & MANUFACTURING Co Startup, Washington 

WALTERS, C. H Chehalis, Washington 

WALVILLE LUMBER COMPANY Walville, Washington 

WEEKS & COMPANY North Bend, Washington 

WELLS & WHITE Chehalis, Washington 

WELTY, J. R Portland, Oregon 

WERK, GEO. H Cincinnati, Ohio 

WERLEY, C. A South Bend, Washington 

WERNER, Louis St. Louis, Missouri 

WEST, A. J Aberdeen, Washington 

WESTERN TIMBER COMPANY Portland, Oregon 

WEST FORK LOGGING COMPANY Lindberg, Washington 

WETMORE LUMBER COMPANY Warren, Pennsylvania 

WEYERHAEUSER TIMBER COMPANY Tacoma, Washington 

WHATCOM FALLS MILL COMPANY Bellingham, Washington 

WHEELER-OSGOOD COMPANY, THE Tacoma, Washington 

WHITE, S. C Chehalis, Washington 

WHITE RIVER LUMBER COMPANY Enumclaw, Washington 

WHITTEN, E. M Skamokawa, Washington 

WILLAPA LUMBER COMPANY Raymond, Washington 

WILLIAMS, FRANK G Ferndale, California 

WILLIS, DR. PARK W Seattle, Washington 

WILSON BROS. & COMPANY Aberdeen, Washington 

WISCONSIN LOGGING & TIMBER COMPANY Portland, Oregon 

WOMER, J. L Puyallup, Washington 

WOOD & IVERSON Hobart, Washington 

WORCESTER, C. H Chicago, Illinois 

WORTHINGTON BROS Quilcene, Washington 

CONTRIBUTORS 

NORTHERN PACIFIC RAILWAY COMPANY Tacoma, Washington 

NORTHWESTERN IMPROVEMENT COMPANY Tacoma, Washington 

WIEST, J. B Skamokawa, Washington 



Forest Club Annual 
1917 



WILLIS G. CORBITT 

Editor 
H. PERCY ROWLES, Associate Editor 

HARRY M. LIND, Assistant Editor 
CEDRIC NESBITT, Assistant Editor 

VICTOR S. POWERS, Advertising Manager 




VOLUME V. 
PRICE 75 CENTS 



Published By 

THE MEMBERS OF THE FOREST CLUB 
COLLEGE OF FORESTRY 

UNIVERSITY OF WASHINGTON 

SEATTLE 
U. S. A. 



lj? Efctiora 0f tljta Annual, mmjntetng 
tlje ronatrnrtttif tnimat ty Ijae al^niun 
in tty prarttral fourlnpment of ll|r format 
r^aonrrra of iljta ^tai?, r^ap^rtfnlly 
rat? ll|ta uolnm? to Sr. 

of tlyr Uniurrattg. 




PHOTO - JAMES & MERRIHEW 



Dr. Henry Suzzallo 




Photo by J. E. Anderson 
Sugar Pi lie 



Oregon Pine 

(Douglas Fir) 

THREE PINES 



Courtesy W. I. Ewart 
Western Yellow Pine 



THE NEED OF SECURING COST DATA IN 
LOGGING OPERATIONS. 

By A LOGGING ENGINEER 

WHILE TALKING with a prominent timberman some time ago on 
the subject of getting more accurate and detailed cost data for our 
logging operations, he made the statement that "the argument was 
sound as far as it went, but to get any practical advantage out of 
such figures you must have men trained to use them. Unless you had 
such men, men who thoroughly understood the woods end of the business, 
who could make intelligent use of such cost statements, it would not be 
worth the trouble and expense to change present accounting methods." 
My answer was that the paramount reason back of our present course of 
training for logging engineers was to give them the very best possible 
foundation for just such work as we were discussing; that the idea so pre- 
valent among loggers and timbermen at present that a logging engineer 
was nothing more or less than a civil engineer trained to woods work, was 
wrong, and that unless we were able to change that idea it would not only 
tend to keep the logging engineer in a rut that limits his ambition and 
usefulness, but would be a real loss to the logging industry in not making 
the most intelligent use of the men specially trained to put their business 
on a more efficient basis. 

It is a fact that the present condition of the logging engineer is not 
often one to be envied. He is breaking into a business that has the most 
deep-rooted antipathy to theorists or to anyone suspected of harboring a 
theory. The young logging engineer does not start out with a number of 
more or less practical theories as to the best means of increasing the effi- 
ciency of the logging business. His education, like that of any other pro- 
fessional man, is only just begun when he leaves school. The college train- 
ing is, as a matter of fact, only a base on which he can build a thorough 
knowledge of the logging business. It takes a great deal of practical 
experience to make a good logger. He must not only know how to log, 
but he must know how to handle men and to be able to meet emergencies 
in a manner that will hold the respect of his men. Comparatively few 
men are fitted to make a real success of this work. One manager told me 
that in thirty years' experience he had kept a record of the young fellows 
who came to his company to "learn the business." Just one man in six- 
teen had made good. 

So, in the past ten years, which practically covers the time the logging 
engineer has been endeavoring to make a place for himself, there has 
been a great deal of adjustment the industry making an effort to place 
the logging engineer and the logging engineer trying to find his place in 
the industry. The result has not been altogether satisfactory, the engineer 
ieeling in many instances that his talents are being largely wasted and 
the companies going on the theory that they are taking part in an ex- 
periment and do not wish to snend any more money on experiments than 
is absolutely necessary. And it is very largely a situation where the en- 
gineer must show his own value if he is to advance his profession. 

The first thing he must work for, so that he may be able to make a 
definite showing, is a uniform system of accounting. This must be carried 
into detail, for it is only by finding exactly where the leaks are that he can 
show where methods can be improved. If he is not able to show the exact 
saving to be effected by such improvements it will be hard to induce opera- 
tors to try them out. If he has not accurate cost figures on the old methods 
he will have no solid argument on which to base recommendations. 



In this regard we will note some concrete instances where accurate 
cost data will help to reduce logging expense. 

I. Yarding and leading. 

Cost data showing the expense of operating each individual "side" or 
yarder. This would gradually accumulate figures to show just what it 
costs to operate in various types of timber and under varying ground con- 
ditions. Should the question of buying tracts of timber come up, this 
timber could be classified as to type and logging conditions and a very 
accurate statement be given as to the probable cost of logging it. 

We could gradually come to accurate conclusions as to which systems 
of yarding were the most economical under varying conditions. At present 
we are too apt to try to apply one system to all conditions. 

Logging contracts and estimates of cost for future work could be 
much more closely approximated. 

There would be a more dependable basis for establishing a "base" for 
the various bonus systems now being used, which in turn would tend to 
make these systems more satisfactory both to the company and to the men. 

In cases where it seemed advisable to curtail output it would be of 
value to know which "sides" were returning the greatest net profit, and 
from this could be seen just how many and what "sides" could best carry 
the overhead expenses during a partial shut-down. 

II. Cost of Construction, Maintenance, and Operation of Logging 

Railroads. 

As the cost of logging roads forms an increasingly large part of the 
expense of getting logs to the mill, this data should be more closely studied 
and more definite conclusions drawn as to just what percentage of the total 
cost should go into the various sub-divisions. From itemized cost figures 
on our railroad operation and upkeep we could determine the proper rela- 
tion of ballast and drainage to maintenance on both spur and main lines. 
A study of cost figures on ballasting, draining, and general maintenance 
of different roads would in the end give an accurate indication of how 
much it would be practicable to spend on ballast; the relation of the width 
of the roadbed to the amount of gravel needed and the expense of keeping 
open drains; the reduced cost of maintenance of roads which had been 
graded some months ahead of the logging and allowed to settle, in com- 
parison with those put into operation soon after their construction. 

The cost per M of hauling logs over adverse grades could be deter- 
mined and would give a basis on which to compare the cost of logging long 
corners and old bunches of timber by use of several donkeys with the 
building of spurs to the timber. The cost per M would usually be the de- 
termining factor. 

Cost data on the operating expense of the different locomotives on a 
large operation would often be of use and from it could be determined the 
possibility of using a gasoline speeder for many contingencies where loco- 
motives are often used, such as sending mechanics, extra tools and parts 
to the woods for breakdowns where haste is an important factor; taking 
first aid to injured men and bringing them to headquarters; handling light 
freight; taking visitors and officials over the roads; hauling small crews 
of men to work where they are compelled to go some distance from the 
regular logging crews, etc. 

In details of construction we could show the cheapened cost of doing 
the grading in the summer months; the advantage in using sawed timbers 
for small bridges in preference to hewed timbers where the former is often 
proved the cheaper on account of lessened labor expense; and the greater 
adaptability of sawed timbers in being used in other places where their 
use is more or less temporary; the cheapness in the long run in using bolts 
instead of spikes in bridges on the spurs. 

There is a question of whether we may not get more work out of the 
steel gangs by providing them with specially low built cars for handling 
steel and ties; whether the amount of steel to be moved justifies such an 



expense; just how much it does and should cost to lay and take up track 
under different working conditions; where braces, nut locks, guard rails, 
etc., should be used to the best advantage; the use of treated timbers and 
fire-resistant paint on bridges should be gone into thoroughly. 

III. The Determination and Location of Yarding Areas in Relation 

to the Railroads. 

This should be worked out by the engineer in co-operation with the 
foreman and the superintendent. It would enable the logger to figure his 
advance work more closely and give the "bull buckers" more time to meas- 
ure or scale the work of their men that they may arrive at definite con- 
clusions as to the amount of work accomplished by the various men, and 
for use as a basis for bonus systems. 

IV. The Preparation of Comprehensive Reports to the Stockholders on 

Kaoh Year's Work, and the Probable Operating Expense 

for the Coming Year. 

This should include: 

(a) Maps to show cuttings and railroads and to accompany detailed 
reports on same. 

(b) Topographic maps. 

(c) Reports on track costs and maintenance. 

(d) Engineering cost and report on year's activities with recom- 
mendation. (No other one item would help more than this in showing the 
stockholders exactly the value of the logging engineer in the scheme of 
affairs, and where he was helping to cut down expenses.) 

(e) Maps of spurs for foremen's use, showing amount of steel on 
each spur, etc. 

Many of these suggestions are and have been made use of by various 
progressive logging companies. The field of the logging engineer is con- 
stantly widening and should continue to do so. The ultimate place of the 
logging engineer should be that of a sort of technical assistant to the 
logging superintendent and manager, and from this place the engineer 
would eventually fit himself for the higher positions or else demonstrate 
his unfitness as a practical logger. 

He should have a number of young engineers under him at nominal 
salaries Who would be serving their apprenticeship in a great industry 
exactly as professional men in other industries and professions do. After 
a few years of such practical training under actual logging conditions the 
engineer would be much more capable of occupying his real place in the 
logging industry and would be much less apt to make expensive mistakes. 
As the engineers become better trained they would more easily demonstrate 
their capacity for greater responsibility and would at the same time ele- 
vate their profession to the place it should and will occupy in one of the 
most important industries in this country. 



THE PRESERVATIVE TREATMENT OF POLES 

BROR L. GRONDAL, '12 
Assistant Professor of Forestry. 

USERS of poles have gradually come to a final realization of the fact 
that the economy resulting from the butt treatment of poles with 
creosote is so great that in nearly all cases such treatment is 
advantageous, despite the fact that untreated western red cedar 
poles are normally very long lived. At a perfunctory glance, it would seem 
that an additional cost of a dollar and more per pole for creosoting would 
be prohibitive, regardless of the fact that such a treatment will prolong 
the life of the pole as much as five to ten years. If the cost of replacing 
poles is taken into consideration, the economy of such treatment becomes 
vividly apparent. In many cases the replacement of a single pole means 
the expenditure of from $30 to $40, and even much more. Compound 
interest on the cost of replacement for ten years may in some cases mount 
to as much as fifty times the cost of creosoting. 

No argument for the treatment of poles, especially those used for 
carrying electrical equipment, is needed at the present time, for the pole 
treating plants on the Pacific Coast are already overcrowded with work, 
though severa} new plants have recently been built and several more 
projected. Indications are that in the future practically all poles for 
electrical work will be treated in some manner to make them more resistant 
toward decay. 

Decay in western red cedar poles always originates at the ground line. 
This is due to the fact that conditions for decay are at an optimum at this 
point. In order to be active, wood-destroying fungi must have a certain 
amount of heat, air, moisture and food. The presence of any one of these 
requirements in minimo regulates the total development of a fungus. It 
is quite apparent to even a casual observer that heat and moisture will be 
available to the fungus in the most favorable quantities near the ground 
line. Above the ground line, though heat, air and food are present in 
sufficient quantities, the development of a fungus proceeds more slowly, 
for due to seasoning this portion of a pole usually contains a deficient 
supply of moisture. Below the ground line, at a depth varying with soils 
of different characteristics, the air supply is deficient, and the development 
of a fungus can proceed only very slowly. 

It is therefore obvious that the portion of the pole that needs protec- 
tion from fungi is the section immediately above and below the ground line. 
(See first pole in illustration). This protection can be secured either by 
removing the air supply, the moisture supply or the food supply. Exper- 
ience has indicated that it is not commercially practicable to treat a pole 
at the ground line so that the air or moisture supply is reduced to a point 
sufficiently low to inhibit the growth of a fungus. The one remaining 
proposition, then, is the removal of the food supply. The food supply of 
a wood-destroying fungus is, however, the wood itself. While some .mis- 
guided enthusiasts wish to remove the food supply by substituting otherwise 
inferior steel or concrete poles, such a proceedure is not justifiable or neces- 
sary, for by the simple expedient of injecting creosote into the wood, the 
food supply is poisoned and effectually removed from within reach of the 
tungus. 

The application of creosote, which is a product obtained in the distil- 
lation of coal tar, to the lower 6 to 10 feet of poles is usually accomplished 
by a so-called "butt treatment" in an open tank. The poles are placed on 
end in an open tank of steel, which is then filled with creosote so that the 



sections of the poles that are to be treated are immersed in creosote. 
The creosote is then heated by steam coils in the bottom of the tank, and 
a temperature -of from 220 to 240 deg. F. is usually maintained for 10 to 
12 hours. The heat causes the portion of the poles immersed in the creo- 
sote to dry out and the air contained in the wood cells to expand so that 
a certain portion of the air escapes. The circulation of steam through the 
coils is then discontinued, allowing the creosote to cool. This causes the 
air in the wood cells to contract, forming a low vacuum within the wood, 




Sketch 



influence of penetration on treatment of 
Western Hel Odar Poles. 



which has a tendency to draw the creosote into the wood. After standing 
in the cooling or cold creosote for 12 hours, the poles are removed from the 
tank and are then ready for use. 

While in the main the results thus secured are excellent, the simple 
open tank process is defective in many respects. The greatest penetration 
(see second pole in illustration) is secured from the end of the pole, where 
the injection of a preservative is unnecessary. Moreover, the penetration 
of the creosote in the sapwood is very uneven and erratic. Some poles in 
one batch may receive a very heavy treatment resulting in the use of an 



unnecessarily great amount of creosote, while other poles may be badly 
undertreated. Furthermore, the process is time-consuming. 

Efforts have been made to devise a 'method of treating the lower 
section of poles with the use of hydraulic pressure, thus shortening the time 
required and insuring a better penetration of creosote. The most practic- 
able method is one that was patented some time between the years 1860 
and 1870. (Patent office records for this period are not available to the 
writer, so the exact date can not be cited.) This method makes use of a 
vertical cylindrical retort, slightly longer than the longest pole to be 
treated. The retort is mounted in a pit with the upper end at the ground 
level. The poles are placed in the retort and a sufficient amount of creo- 
sote is introduced to bring the level of the creosote to a point somewhat 
above the upper limit of the section to be treated. A heavy door at the 
upper end of the retort is then tightly bolted shut, and compressed air is 
pumped into the space within the retort above the level of the creosote. 
The hydraulic pressure thus developed forces the creosote into the section 
of the pole that is immersed. If it is desired to give the whole pole a light 
treatment after the butt section has been heavily treated, the compressed 
air is released and the retort is filled with creosote. Pressure is then 
applied for a short time. The creosote is then removed and the treated 
poles are withdrawn from the retort. 

In the method just described, excellent results can be obtained. Rela- 
tively expensive equipment is however required, and the writer knows of 
only one plant where this system is in use, though with certain modifica- 
tions. Several years ago John T. Logan, of Texarkana, Texas, patented 
an apparatus (U. S. Patent 956,382) for the pressure treatment of the 
butt sections of poles. Logan's patent covers the idea of a retort mounted 
on heavy trunnions at its middle section, so that it can be filled with poles 
while in a horizontal position and then swung into a vertical position. 
While in a horizontal position, it can be used for the treatment of any 
material just as an ordinary creosoting retort. Mr. Logan erected and is 
using a retort of this description. 

While the process described above enables the creosoting plant 
operator to inject the creosote into the wood with greater rapidity and 
makes possible the butt treatment of poles by so-called "empty cell" pro- 
cesses, it has the same defects as the open tank process in that creosote 
is wasted in end penetration and uneven penetration of the sap wood. 
There is no assurance that the section of the pole at the ground line will 
receive the necessary penetration of creosote. 

A new era in the treatment of poles seems to have begun with the 
recent development of what is known as the "perforation process." The 
fact that the penetration of creosote into wood can be effectively and 
cheaply localized by making small perforations at frequent intervals into 
the surface of the wood has lately occasioned much interest. This is 
however not a new principle. In the early nineties the J. M. Colman 
Company, of Seattle, Washington, made use of this idea in the creosoting 
of piling for the Colman Dock, which was then in the process of erection. 
The sections of the piling that were to be in the water and exposed to the 
attacks of teredoes were perforated by driving small spikes into the wood 
to a depth of about one-half inch, and withdrawing them. The sections 
below the mud line and above the water line were left unperforated. Very 
excellent results were secured, but the cost of perforating, which was all 
done by hand was excessive ,and the process was not continued. 

In 1911, three Austrians, Kolossvary, Haltenberger and Berdenich, 
patented a method of perforating (U. S. Patent 1,012,207) in which rotating 
needles are forced into the section of the pole at the ground line, thus 
making it possible to treat this section of the pole much more heavily 
than the rest of the section immersed in the creosote, when such perforated 
poles are treated by the open tank process. This machine is rather compli- 
cated and it would seem to be expensive to operate. The writer knows of 

10 



no installation of this apparatus in the United States. Several years ago 
the use of the perforating process on a large scale was inaugurated by the 
Columbia Creosoting Company of Portland, Oregon. Mr. W. D. Clark, 
Vice President of that company, devised a machine for perforating railroad 
ties according to a plan of spacing of perforations originated by Mr. O. P. M. 
Goss, Consulting Engineer for the West Coast Lumbermen's Association 
and the Association of Creosoting Companies of the Pacific Coast, in which 
maximum penetration is secured with a minimum number of perforations. 
As ties perforated by this method can be readily treated without subject- 
ing them to high temperatures, it is now possible to creosote Douglas fir 
without increasing the tendency for the ties to rail-cut. The decrease in 
strength due to the perforating as shown by actual tests has been found to 
be negligible. It is expected that several railroads in the very near future 
will adopt this method entirely for the creosoting of Douglas fir ties. 

With the invention of a number of machines for the perforating of 
poles by the writer, the possibility of the rapid development of this field 
has become quite assured. In the writer's processes, the preferred method 
of perforating poles consists in rotating the pole while in a horizontal or 
vertical position and forcing a wheel carrying a single row of spikes against 
the 'portion of the pole that is included in the space between one foot 
below and above the ground line. The wheel is fixed in such a manner 
that it traces a spiral row of perforations around the pole. In this way 
a minimum number of perforations are made, scarcely reducing the strength 
of the pole. The perforations are about one-half inch apart in the row, 
while the space between the spirals is from 4 to 8 inches. The cost of 
operating such a machine promises to be very low, as the device is not at 
all complicated. The writer has also designed a machine for perforating 
piling arranged in such a manner that the crook of a pile does not affect 
the operation of the machine. 

The perforating of a pole at the ground line before treatment with 
creosote not only insures even and positive penetration where it is most 
needed, but a large proportion of the creosote that ordinarily penetrates 
into the end of the pole is saved, due to the shortening of the time of treat- 
ment. The relatively cheap open tank process is used in treating perforated 
poles, though the pressure retorts that have been described may also be 
used. The effectiveness of this method of treatment is graphically illus- 
trated in the third pole of the illustration appended to this article. 

It has been argued that the perforation of the pole at the ground line 
weakens the pole. The weakening effect is in direct proportion to the 
reduction of area due to such perforating, and is so slight that it may be 
entirely disregarded. The sapwood of an untreated western red cedar pole 
will usually rot away in one year to a greater extent than the reduction of 
area due to perforating, and it would be rather hysterical to assert that 
a western red cedar pole becomes unfit for use after a service of one year. 

In conclusion, the writer wishes to sum up the advantages to be 
derived from the perforating process as applied in the creosoting of western 
red cedar poles. The chief advantages are as follows: 1. The greatest 
penetration of creosote is obtained at the ground line, where fungi are most 
active; 2. The penetration of creosote at the ground line is positive; 3. 
Creosote is not wasted at the end of the pole; 4. The capacity of t pole treat- 
ing plants can be greatly increased without the installation of expensive 
apparatus; 5. The process is not expensive. 



11 



LOGGING CAMPS OF THE PACIFIC NORTHWEST- 
PAST, PRESENT, AND FUTURE. 

C. R. POPE, '11, 
Logging Engineer, Northwestern Lumber Co. 

THE LOGGING INDUSTRY has developed through various marked 
evolutionary stages. We are all familiar at least with the general 
principles of the industry in each of the various stages of develop- 
ment. The logging camp referring in this discussion particularly 
to that part of the camp directly affecting the men employed has hardly 
kept pace in this developing process. In recent years, however, it has 
claimed considerable attention and is, we may say, at the present time 
undergoing its first decisive stage of evolution. 

The Camp of the Past may be characterized as a heterogeneous group 
of rough, cheaply constructed buildings. The men's quarters usually con- 
sisted of one or two large bunk houses. These were equipp'ed with home- 
made double or three-deck bunks which were filled with hay or straw. 
Provisions for light, ventilation and general sanitation were conspicuous- 
ly absent. 

The progressive and enterprising ideas which have permeated the log- 
ging business generally during the past few years have reached the camps. 
As a result we find in the Camp of the Present a great variety of changes, 
and in most instances decided improvements over the Camp of the Past. 
So recent are these developments, however, that the various improvements 
have not yet become standardized. Consequently the Camp of the Present 
is not a definite quantity. Some companies are making conservative 
changes, trying out and improving one feature at a time, while others are 
making sweeping changes throughout. It is an established fact, however, 
that some form of a permanent portable-camp is the most practical and 
economical type. Opinion at the present time appears about equally di- 
vided between two general forms of this type. The one, known as the 
car camp; the other, ordinary buildings of a good substantial type about 
the same size of cars, but mounted on skids so they may be loaded on cars 
or trucks for moving. The complete car camp is adapted to the larger 
operations. As the small operator is gradually disappearing, the car camp 
seems destined to become the prevailing type of the future. A great variety 
of special features designed for the comfort and convenience of the men 
in the camp are everywhere evident. The extent to which it is going to 
be practical to carry these developments is not yet very definitely deter- 
mined. In many ways the Camp of the Present is in an experimental 
stage. Some improved features are, however, already quite universally 
established and will be found in the Camp of the Future. One of the im- 
provements, and one that has come to stay, is the reduced unit of the 
men's quarters. At present one will find nearly every sized unit from the 
single large room to a four-unit bunkhouse. The tendency appears to be 
toward a medium unit accommodating from ten to twenty men. Along 
with the reduced unit has come improvements in lighting and ventilating. 
In the Camp of the Past from two to four windows, these often only half 
size, served a single bunkhouse. With a hot fire, a room crowded with 
not over-cleanly loggers, each contributing an outfit of wet clothes, socks 
and boots to dry around the stove, with a mixture of tobacco fumes as 
the only fumigant, it does not require a vivid imagination to analyze the 
condition of the atmosphere. While it can hardly be said the logger of 
the present is any more healthy or sturdy than the logger of the past, yet 

12 



we can hardly believe that it can be accounted for by the living conditions 
of the camp. At any rate, present-day instincts rebel against such condi- 
tions and they are fast being remedied. The reduced unit has at least 
made it possible for the men to have more inviting and sanitary quarters. 
In some instances a small window is provided for each bunk in order that 
each individual may regulate the ventilation to his liking. The old lumber 
bunk has been almost universally replaced by the steel bunks with springs 
and mattresses. This improvement will be a standard feature in the 
Camp of the Future. 

The method of heating is still in the experimental stage. Wood, the 
fuel of the past, still predominates, but coal and steam are both being 
used. The most practical and economical system depends largely upon 
the type of camp, its situation, etc. For the temporary or portable camp 
on skids, only wood or coal are practical. For long time stationary camps 
of car camps, steam is preferable. While data are lacking to furnish con- 
clusive comparison from an economical standpoint, it is my belief that it 
will compare favorably with coal or wood and in many instances be also 
much cheaper. 

Some other features unknown to the Camp of the Past are: the dry 
room, shower baths and lockers, flush toilets and septic tanks, reading and 
recreation rooms, electric lights, and other less pretentious features. The 
dry room is essential and quite practical where steam heat is used. Where 
stoves are used there will be more clothes dried in the bunk houses than 
in the dry room, if one is provided. This indicates that the logger does 
not naturally take advantage of all the improvements that are provided for 
his own benefit. He is gradually coming to it, however, so in providing 
beyond the demands of the employee the operator may be justly credited 
as contributing to the moral uplift of the men of the woods. The shower 
bath is practical and from this time on few camps will be constructed with- 
out some sort of bathing facilities. While there are always a few who 
will not avail themselves of this opportunity, the big majority of the men 
do. Lockers are practical for the permanent type of camp and will no 
doubt become a recognized part of their equipment. Flush toilets and 
septic tanks are practical only at a long-time stantionary camp, and it is 
doubtful if their installation will become common. Other methods of dis- 
posing of sewerage and refuse are in evidence and will continue to be im- 
proved upon. Reading and game rooms have not yet gained a place of 
permanence, and it will be a long time before they will have the attraction 
for a logger that a game of poker does. This is one of the many features 
that the men do not take to voluntarily. ^ Encouraging their interest in 
this respect is largely mercenary. 

Along with the various improvements affecting the camp employee 
directly, the cook house has not been forgotten. It has been given more 
light and general attractiveness. The quality and variety of food have 
been greatly improved. Perhaps no other improvement will give the 
direct benefit to the operator more than, the latter. Electric light for the 
long-time stationary camp or permanent type of portable camp is practical 
and economical. As this type will prevail in the future, electric lights 
will become a standard feature. 

Considering the developments that have been made and are still going 
on, the question at once presents itself: "What are the motives, and will 
the results justify them?" There are two apparent motives, the first be- 
ing purely business or financial. Some of the operators who first made 
the,se sweeping improvements in their camps did so believing that they 
could in this way hold their crews, perhaps get more work from them, and 
thus derive a direct financial benefit from the project. The camp alone 
will not accomplish this result. The predominating motive, I believe, is 
broader and more far-sighted. It is a spirit of progressiveness and en- 
terprise, an expression of the efforts being put forth to raise the standards 
the logging business from the old "hit and miss" game, to a real busi- 

13 




ness basis. With this wave of progressiveness has come the spirit to co- 
operate with the employee for mutual benefit. The improved camp is one 
expression of this spirit. Industrial insurance and bonus systems are other 
expressions. Any one of these improved ideas or methods would, by it- 
self, yield no startling benefits to the operator any more than the improved 
camp would do. They all help to bring the employer and employee closer 
together, which is bound to result in benefit to both. It is from this 
broader viewpoint that improving the living conditions for the men in the 
camp is justified, and will continue to be made. 



PUBLICITY 

THE publicity work of the Forest Club and the Forest School in 
general is centralized in a Publicity Board. The purpose of the 
Board is to organize the work in such a manner as to obtain the 
highest degree of efficiency. With this object in view the organi- 
zation is divided into four departments, each seperate from the others, 
with a capable man at the head of each. - 

With this organization working the Forest School has stepped 
into prominence and is becoming better known among the business 
men and general public of the northwest as a school which is achieving 
a purpose. Our success along this line is due in a great measure to 
"The Page of the College of Forestry" which appears the fifteenth 
of each month in the ' * West Coast Lumberman ' ' through the courtesy 
of W. B. Crosby, the Editor. It is through this popular medium that 
the Alumni of the school and others interested in our work hav.e 
been kept informed of the progress that is being made. The College 
is also represented in the other trade journals by special correspon- 
dents from the school. 

The College of Forestry has always been a dependable source 
for interesting newspaper publicity, because there is something doing 
all the time. In order to check up on the work of our newspaper 
representative a complete record of all news items concerning the 
Forest School, its active members and alumni has been kept in such 
a form as to be easily referred to by those interested. 

The purpose of the Forest Club Annual is to promote a better 
acquaintanceship between the College of Forestry, the students, 
alumni and the busines men of the northwest who are either inter- 
ested in or engaged in the lumber industry. By securing co-operation 
between the College and the business men it is hoped that the interests 
^f the State may be served to better advantage. With this object 
in view the Annual is circulated among the members of the Forest 
Service, the large milling and logging companies of this region and 
many educational institutions throughout the United States. 

PUBLICITY BOARD 

George W. O'Brien, Chairman. 

Willis G. Corbitt, Editor, Forest Club Annual. 

Victor S. Powers, Associate Editor, Advertising. 

Wm. Durland, Associate Editor, Newspaper Publicity. 

Fred Madigan, Associate Editor, Trade Journals. 

Arthur K. Roberts, Associate Editor, West Coast Lumbermaifs Page. 

H. Percy Rowles, Harry M. Lind, Cedric Nesbitt, Assistant Edi rs. 

Bror L. Grondal, Adviser, West Coast Lumberman's Page. 

14 



A STATE FOREST POSSIBLE. 

CLARK V. SAVIDGE, Commissioner of Public Lands. 

IN preparing an article on the subject of "A State Forest Possible," 
I ask my readers to give emphasis to the word "possible," for the reason 
that I do not wish to presume to speak for the legislature of our State, 
which alone has the power to make this possibility a reality. It has been 
my earnest care during my term of office to always have in mind that I 
am acting in an administrative capacity, and ought therefore to avoid the 
appearance of presuming to speak for the le; 'slature. In this article I 
am simply giving data to show that the events of the last four years have 
really made a state forest possible. 

The events to which I refer are the negotiations which have resulted 
in the exchange of lands now taking place between the federal government 
and the State of Washington. It will be necessary for me to give a brief 
outline of what the land exchange is, and the necessity therefor. Briefly 
expressed, they are as follows: 

When Washington became a state, the federal government gave to it 
for the support of its common schools sections 16 and 36 in each township 
in the state. Much of this land was unsurveyed and the state could not, 
of course, dispose of it until it had been surveyed by the federal govern- 
ment. When the federal government created the national forests in this 
State, the lands embraced therein were largely un; urveyed. Among these 
lands were approximately 483,000 acres belonging to the common school 
grant of this State. These were distributed among the different national 
forests of the State as follows: 

Forest Area Available 

Snoqualmie 49,241.31 acres 

Washington 60,335.34 acres 

Olympic 60,065.40 acres 

Columbia (west side) 34,098.06 acres 

Rainier (west side) 27,316.41 acres 

Total west side of Cascades 231, 05U.," 2 acres 

Rainier (east side) 27.143 54 acres 

Columbia (east side) 7,892.16 acres 

Wenatchee 50.473.54 acres 

Wenaha 13,887.72 acres 

Chelan 32,402.55 acres 

Okanogan 71,332.25 acres 

Colville 33,580.25 acres 

Kaniksu . 15,520.00 acres 



Total east side Cascades 252.232.01 acres 



Grand Total 483,288.53 acres 

The federal government contended that the creating of the reserves 
forever estopped the state from obtaining title to these lands. The legis- 
lature of 1913 authorized the Commissioner of Public Lands to negotiate 
an agreement with the federal government for a settlement of this claim, 
providing such an agreement met with the approval of the Attorney-Gen- 
eral, and the Board of State Land Commissioners. Acting under this 
authority I spent some time in Washington, D. C., accompanied by Attorney 
Generpl W. V. Tanner, the result being an agreement which provides that 
the federal government will give to the state from the national forests an 
area ^ual to that lost to the state by their creation, these lands to be 
take in large blocks lying just inside the exterior boundaries of the forests 
in such a position that the boundaries of the forests may be contracted 
and the lands thrown outside. 

15 




Selection area in Olympic National Forest, comprising the Watersheds 
of the Hoh and Clearwater rivers, described in the accompanying article, 

16 






I 
**! / 

- 




showing solid bodies of timber which the state is to receive in exchange 
for scattered sections. 



It will be seen from the above table that about 231,000 acres of the 
land involved in the exchange lies west of the Cascades, and this is the 
land with which I am dealing in this article. Of the 231,000 acres ap- 
proximately 85,000 acres have been found to be absolutely barren, either 
by reason of the high altitude, much of it being above the timber line, or 
because it was nothing but bare rock slides in the mountainous regions of 
the Cascade and Olympic ranges. This barren land will be exchanged for 




Courtesy West Coast Lumberman 
fir tree showing Imno slv.e attained 
when protected from fire 

grazing lands in Eastern Washington, leaving approximately 146,000 acres 
to be selected from the forests west of the Cascades. 

A Demonstration Forest. 

Of the 146,000 acres mentioned above, about 67,000* acres will be 
selected in one block in what is known as the Sultan-Pilchuck Basin. This 
tract contains some unusually fine timber, and lies only about 40 miles 
northeast of the City of Seattle. By the terms of a bill passed by the 
1917 legislature, and approved by the Governor, the University of Wash- 
ington will be permitted to exchange its land grant for a part of this tract, 
thereby assuring to the University a tract of land within easy reach of the 
University, which may be used as a demonstration forest. 

I regard the probability of the establishment of this demonstration 

1 8 



forest by the University of Washington as worthy of mention not only be- 
cause of its educational possibilities, but because it ought to be a source 
from which much information may continually be drawn relative to the 
different methods of handling timber, and because our people will doubt- 
less judge of the advisability of establishing a state forest by the results 
obtained from this University demonstration forest. 

A State Forest. 

Taking the 67,000 acres mentioned above from the 146,000 acres to 
be selected on the west side of the mountains, leaves approximately 79,00 
acres yet to be selected. It is proposed to take this land in one large 
block on the watersheds of the Clearwater and Hoh rivers, along the west 
boundary of the Olympic Forest, which lies just a few miles from the 
Pacific Ocean. 

I can scarcely find words to express the satisfaction I feel at havm 
secured this block' of timber. The advantages possessed by it are numer- 
ous one being that it is in what is known as the "fog belt", which is a 
strip of territory along the Pacific Ocean enveloped in damp fogs a large 
)art of the year, for which reason there is very little danger of fire. Again, 
the timber is mostly young and will not mature for some years to com 
This is a very important point because, as is well known, fir timber ripens 
like a head of wheat, and when ripe begins to deteriorate. It is, there 
fore, especially fortunate that this timber is young, for the reason that 
the state owns hundreds of thousands of acres of other timber whic 
is desirable to market before selling from this tract. The fact that 
in what is at present the most inaccessible portion of the state is i 
drawback because the state has more timber for sale than can possibly I 
disposed of before transportation facilities are provided in this sec >n. 
The matter of transportation need cause no concern whatever f< 
the lines projected in this region must come within easy reach of thi 

One of the best features of this selection area is that .^e timber 
embraced within the watersheds of the two rivers and their tributa es, 
and these watersheds will be completely under state control and protection. 
The particularly valuable species in this selection are Donglas fir, 
western red cedar, and spruce. There are also heavy stands of her 
and white fir in this region, which do not command the price of the 
first mentioned but which, with the development of the paper and box in- 
dustries, will prove exceedingly valuable. 



SS 

redwoods, namely a cedar of an average diameter of over 17 feet. 

I?^^^ 

lip as follows: ..29,769 acres 

Common School -j 97 acre s 

Scientific . . " 32,494 acres 

Capitol Building 32.420 acres 

University ; ; 13,825 acres 

Normal School 4 343 acres 

Agricultural College 79 000 acres to be 

Add to this approximately 



selected, makes a total of 

19 



Perhaps a better idea may be had of what the size of this block would 
be by the statement that it will amount to 300 square miles, which is one- 
quarter of the area of the State of Rhode Island. 

One of the prime requisites for either a state or a national forest is 
the securing of a large enough tract of timbered land to make scientific 
forestry possible. By this I mean that the tract should Include sufficient 
acreage and a sufficient stand of timber of varying ages to justify the log- 
ging expense of cutting the ripe timber each year. In other words, the 
yearly cutting would not diminish the resources of the forest but would 
simply allow the marketing of an amount equal to the yearly crop. After 
this had been in effect some years the forest would present all ages of 
timber and perhaps it would be possible to make the more valuable species 
predominate. Having shown in this article that the state will ultimately 
possess approximately 300 square miles of contiguous tracts of splendid 
timbered land, I feel safe in closing with the statement that I have at the 
same time demonstrated that a state forest will be possible if desired by 
the people of this commonwealth. 




Courtesy West Coast Lumberman 

Western Red Cedar measuring: 17 feet In 
diameter 



20 



PLANTING RECONNAISSANCE IN DISTRICT 6 

WALTER H. LEVE, '12, Forest Examiner 

THROUGHOUT the National Forests of Washington and Oregon there 
are many burned areas of greater or lesser extent. Some of these 
areas bear scattered living trees, the seed of which will eventually 
restock the areas, while on others every vestige of tree growth has 
been destroyed by fires, only weeds and ferns being found on the 
land. Every gradation between these two conditions is found. There are 
many areas which bear a sufficient number of seedlings that have come 
up since the last fire to eventually form an adequate stand of timber. 
These seedlings are often so small and so completely obscured by weeds 
and brush that to the untrained eye areas containing them bear no reproduc- 
tion whatever. The necessity can be seen, then, of classifying land which 
is denuded of timber into that which in time will produce naturally an 
adequate stand and that which will require artificial reforestation to make 
it produce timber. 

All land in need of reforestation does not require the same treatment. 
Different conditions of climate, altitude, soil, etc., require different species. 
As in almost all reforestation work in this District, the planting of nursery 
stock is the system used, instead of direct seeding direct seeding having 
been found inapplicable in this District these different conditions of 
climate, altitude, etc., require different treatment of trees in the nursery. 
Sometimes they even require the use of seed from different localities. Fur- 
thermore, the kinds and amount of stock that will be required must be 
known at the nursery several years ahead of the time they are to be used in 
the field. 

For the foregoing reasons, the system of planting reconnaissance has 
been established. In carrying on this work, usually, unless very definite 
knowledge of a given watershed or forest exists, an extensive reconnais- 
sance of it is first made. This is done by a man connected with the Dis- 
trict office of planting. All denuded areas are visited and those which 
are seen to contain land devoid of reproduction are recommended for in- 
tensive reconnaissance. It is this intensive work that the writer has been 
engaged on chiefly for the last two years. 

In intensive planting 'reconnaissance a detailed plane table map is 
made of the area under consideration. The instruments used are a plane 
table and telescopic alidade and a stadia rod. The crew usually consists 
of two men. The map is on a scale of four inches to the mile, with a 
contour interval of fifty feet. The work is tied to triangulation points 
located by the U. S. Geological Survey, public land. survey corners, or some- 
times to triangulation points located in timber survey work. All the 
details as to reproduction, soil, etc., are entered on the map with colored 
crayons. The land is classified as follows,: that which bears less than 100 
coniferous seedlings per acre, considered as in need of planting; that 
which bears from 100 to 300 seedlings per acre, and that which bers from 
300 to 500 seedlings per acre, both considered inadequately stocked but 
sufficiently stocked to in time form a fair stand; that which bears over. 
500 seedlings per acre, considered adequately stocked; that which will 
restock naturally from scattered trees on the area Timbered land within 
the area mapped is shown. The density of the brush an important factor 
in the speed of planting and the quality of the soil are also shown. Data 
is obtained concerning necessary trails to be constructed, camp sites, and 
other improvements. 

Sometimes the planting reconnaissance crew Is utilized to work up 

21 



adjacent areas in connection with timber survey work, thus effecting an 
economy by using the- crew and equipment for this work while they are in 
the locality. 

When the field work of the planting reconnaissance is finished, white 
prints are prepared in the office, on which are indicated with colored 
crayons the data obtained. The land to be planted is laid off into logical 
working units. A report is also prepared, which discusses any necessary 
details and makes recommendations as to the species and kinds of stock 
to be planted. 

Some 61,000 acres have been covered by this intensive work in the 
last four years, of which about 25,500 acres have been found to require 
planting. 

Some of the areas on which planting reconnaissance is conducted are 
convenient to transportation, but others are located in places in the moun- 
tains where transportation facilities are at present quite poor, and it is 
with difficulty that equipment and supplies are packed in. It is part of 
the reconnaissance work to indicate where any new trails ought to go. 
The men engaged in planting reconnaissance usually are obliged to do their 
own cooking, not infrequently over an open fire. The menu is sometimes 
augmented by products which the country affords, such as wild berries 
fish, and game. 




Plane Table Surveying 



22 



THE CIVIL SIDE OF FORESTRY. 

C. E. NEWTON, Assistant Professor of Civil Engineering 

THE subject matter of this article is based upon experience, gained in 
teaching at the Michigan School of Mines, the University of Washing- 
ton and from knowledge obtained from practical experience. 

The question might well be asked, "What is the purpose of a 
course in surveying?" For the College of Forestry at the University of 
Washington it may be answered thus: To give an insight into the use of 
surveying instruments and the methods of using such instruments in the 
practice of plane surveying; to acquire the habit of observing and of rec- 
ording objects as seen in their relative position; to record without altera- 
tion and with integrity the observed results; to apply the mathematics re- 
ceived in abstract to the solution of concrete problems from personal field 
observations; to compile reports and make maps depicting clearly the re- 
sults for which the work was undertaken. 

The young college student, if he is of a thoughtful type, probably 
asks of himself or of his classmates, "What is the use of all these accom- 
plishments? What is the use of surveying?" Did you ever look at a 
map and wonder how the positions of the lines of latitude and of longi- 
tude, the shape of a continent, the form of a coast line, the boundary of 
a nation, or of a state, or of a forest reserve, the course of a river, the 
position of a city could be located on the map in question? That map is 
a graphic form of the results compiled from a series of field observations 
called surveying. Perhaps to bring the matter a little nearer to some of 
us we might ask, How did you know how long that railroad bridge had 
to be? How did you know how many cubic feet of water that reservoir 
would contain? How did you know the best place for the highway over 
the mountain range? Why, we surveyed for them and made notes of our 
measurements. 

For many years and at the present time numerous discussions have 
taken place as to how to teach engineering subjects and the subjects that 
are termed to be fundamental to the applied subjects. 

I am of the opinion that these two branches of the work: that is, the 
theory and the application of the theory, should be presented hand in 
hand. Take the two subjects of mathematics and drawing. If it is math- 
ematics for mathematics' sake, or drawing for drawing's sake, then teach- 
ing fundamentals as the two above mentioned, by themselves away from 
the practical application, is the proper course to follow. However, if we 
are teaching subjects to be used in practice, why not teach the subjects 
as they are used in practice? 

At the University of Washington it is not our intention to develop 
men trained in surveying to the point of being capable of taking charge of 
an extensive survey at the time of their leaving school to enter the field 
of practice. Our aim is to train the students in the habits and methods of 
work that are in accord with the best practice. The graduate will know 
how to read drawings, read maps, make them and make the surveys that 
will in all respects fulfil the requirements of the business, but he will lack 
the experience that will enable him to head a party, to work with speed 
and under pressure. These later accomplishments can be gained only in 
practice in the field. At the present time the surveying work in the Col- 
lege of Forestry at the University of Washington is given in the second 
and third years of the regular college course. We try to show the student 
the need of the work offered to him. We go immediately into the field 
and start our course with some work that requires primarily chaining. Of 

23 



course notes are to be taken and the beginner at once observes that he 
'cannot satisfactorily record his notes in a conventional style of lettering. 
He sees that it is imperative for him to learn to be able to do this. The 
next few sessions of the class are given over to this line of work, relieving 
the monotony of it by introducing at the same time the sketching of simple 
pieces of machinery, of which mechanical drawings will be made later. 

When preparing to make a map from his field notes the student is 
confronted with the fact that he cannot use simple drawing instruments. 
Here is where he proceeds to learn to use them. When it comes to the 
mathematical solution of his own field problems he is generally at a loss 
as to how to solve them. He has studied the mathematics necessary for 
their solution, but he has probably not applied his mathematical knowl- 
edge to the solution of problems of this nature. He has now found his 
own use for his mathematics, and from the plots of his problems he can 
actually see the relations of the mathematical values. 

Unconsciously the student learns precision and neatness. He is re- 
quired to present at the end of the course all of his work corrected, field 
notes, calculations and maps, properly titled, indexed, cross-referenced 
and filed. 

At present the surveying work is conducted on the campus of the 
University, the land area of which approximates 355 acres, the balance 
of some 285 acres being in Lakes Union and Washington. We are crowded 
for space for a surveying laboratory, but at an opportune time the Legis- 
lature has arranged for the transfer to the University of some 67,000 acres 
in the Snoqualmie National Forest on the west side of the Cascade Moun- 
tains, a short distance from the University. There we have a real forest, 
set aside for a demonstration forest and for laboratory work in* Forestry 
on a practical scale. We hope that the portion of the work falling natur- 
ally to surveying may show a corresponding improvement when conducted 
in this laboratory, the finest of its kind in the country. 




24 



TIMBER SALES WEST OF THE CASCADE 
MOUNTAINS IN DISTRICT 6 

E. E. HARPHAM, '14, Sealer, Olympic National Forest. 

THE FOREST SERVICE in the United States has probably developed 
faster than a-ny other Government institution. The reason for this 
has been in part due to public necessity, but mainly to the enthu- 
siasm and perseverance of a few men who were far-sighted enough 
to see the country's need and to act at the psychological moment. When 
vast areas of National Forest land were set aside, much land undesirable 
for public use was included, but gradually this land was eliminated until 
now, with few exceptions, the National Forests are concise units to be 
administered under Forest management. At first all the Forests were ad- 
ministered from Washington, D. C., und^r the Forester, but owing to fast 
increasing business and undesirable results obtained from such a remote 
headquarters, the National Forests were segregated into districts. Each 
district, of which there are seven, is in charge of a District Forester and 
his assistants. The Assistant District Foresters each have charge of sep- 
arate office divisions, the chief offices being Operation, Silviculture, Graz- 
ing, Lands and Products. 

Under the office of Silviculture in natural sequence comes the cruising 
or timber survey work, logging engineering, or the department which deals 
with the investigation, appraisement of timber, and moulding of the con- 
tracts under which the Government timber is removed, and last the super- 
vision of the sales and the scaling of the timber removed. Besides this 
regular work under Silviculture comes various investigative and technical 
work, which may have the co-operation of other offices. 

In the following paragraphs, it is the purpose to deal mainly with 
the scaling and supervision of timber sale work as usually found west of 
the Cascades in District 6, which includes Oregon, Washington and Alaska. 

Scaling in the above region is done with the Scribner Decimal C rule. 
This rule drops the last numeral of the actual scale given by the Scribner 
rule and rounds off to the nearest ten. This simplifies the registering of 
the scale and reports, yet the results are practically the same. 

Scaling logs to a great many may seem a matter of using the scale 
stick correctly and entering the numbers properly in the scale book. While 
these are necessary, the big idea in scaling is knowing defects, symptoms 
of defects, what per cent should be deducted, and into what sort of material 
the log can be manufactured. The last knowledge is essential in deter- 
mining grades, and to be a good sealer a man must also have a pretty good 
knowledge of lumber grades. The sealer should, upon looking at a log, 
be able to form a mental picture of how that log is going to open up in 
the mill and what the mill can get out of it. 

Instructions are given in the contract as to what per cent of the log 
of a certain species must be sound before it is merchantable, but it is up 
to the sealer to determine which logs are merchantable and which are culls. 
To be able to judge correctly the sealer must study his logs, not only logs 
generally, but logs in the particular locality he is concerned- with. The 
distance of only a few miles may make a great change in the general char- 
acter of the timber; i. e., on the low lands of gentle slopes we may find a 
heavy stand of old growth Douglas fir affected with ground rot, worms, 
conk, and numerous pitch rings and seams, while a few miles away on a 
little different soil and exposure, we may find a hard, slow growing Douglas 
fir very little affected by defects. 



A man who has been scaling in one of these types and who jumps 
suddenly into the other should watch the logs cut out at the mill in order 
to get a proper knowledge of all the different classes. Again, take the 
iowland cedar; here we have a type of timber which as a rule is sound, 
depending, of course, upon age, fire and other conditions, but as a rule 
has very little defect excepting the characteristic hollow butt. On the 
other hand, we might go only a short distance to a slope or rocky soil 
and find just as large cedar, but upon being cut we find the butt is honey- 
combed with dry-rot. This may extend through the entire tree and cause 
a heavy breakage, splitting, etc. How far does the rot extend into the 
wood in the first type compared with the second? As a rule the wood 
of the first type is sound a short distance from the hole in the center of 
the log, but in the second type the dry-rot may render the first or butt 
log useless or cull. This type of cedar should be followed through the 
shingle mill and the process of sawing observed closely. This is the only 
way to learn to judge timber. Follow it through the mill, watch the dif- 
ferent pieces cut up and see where the waste comes and what kinds of 
defects may be utilized for the different lower grades, and what parts go 
to the burner. 

What has been said here of Douglas fir and western red cedar is 
equally true of the other species, such as western hemlock and Sitka 
spruce. So much for scaling. We now come to another phase of our 
Government timber sales; viz., the sale supervision. 

The sealer often is not only a sealer but also sale supervisor, or the 
one who looks after different points of the contract, such as utilization, 
fire prevention, marking of seed trees, etc. 

Silviculture has been defined by one forester as the science of estab- 
lishing, growing and harvesting the timber crop. The sealer here has an 
opportunity to determine which trees shall be "harvested" and which ones 
shall be left as seed trees to "establish" the next crop. In order to do 
this in the proper manner he must exercise good judgment and take into 
consideration such factors as species, topography of surrounding country, 
height of seed trees, and direction of the prevailing wind. All these fac- 
tors must be considered in order to determine the number and location of 
trees to be left. 

Another phase of sale supervision is utilization. This is also pretty 
well laid down in the various contracts, but contracts are more or less 
general and each sale presents numerous problems peculiar to that par- 
ticular locality. Just what material should be taken and what should be 
left is a problem for the logger as well as the Government. Proper 
lengths must be measured in order to utilize the tree to best advantage. 
Where ground rot is prevalent, "long-butting" must be done, and just 
where to long-butt the tree is a question of judgment. 

The marking of logs for bucking should be done by someone familiar 
with defects and what is required under the terms of the contract. If 
such work is done by such transient labor as the ordinary bucker, as a 
rule, the results are unsatisfactory. The desirable thing, it seems, is for 
companies working under Government contracts to employ a competent 
bull-bucker. This is a practice followed by'a number of the larger camps. 
Close inspection of this phase of the work by the sale supervisor should 
be made and free discussion upon questionable points made with the fore- 
man, or bull-bucker, or both. 

In most questions of utilization the interests of the Government and 
the logger are mutual, but it is a well-known fact that when lumber 
prices are good the mills can cut a larger percentage of low-grade material 
than when prices are poor. It follows, then, that the utilization question 
presents more of a problem for all concerned when prices are poor than 
when they are good. Oftentimes when the price of shingles is especially 
good, and where cedar has been one of the principal species in the stand 
the logger may let sub-contracts to small operators, who may follow the 

26 



first logging operation picking up the odds and ends in the more isolated 
places either as shingle bolts or sawlogs. Small operators may log such 
chances and make a reasonable profit, where with a larger operation it 
would not pay. A Forest officer assigned to timber sales should be on the 
alert to see and suggest any such chances as this, for after the logger has 
left a given locality, these small isolated patches of timber may never be 
utilized. 

Another phase of timber sale work of great importance is fire preven- 
tion and control. Many of the most disastrous fires in the history of this 
region have started from logging operations. The most prevalent source 
of fires seems to have been from donkey engines, but locomotives, espe- 
cially those burning wood, have contributed materially to the total number 
of fires started. Under Government contracts, these engines must be well 
screened and equipped with adequate fire fighting devices. Logging opera- 
tors are now required to build fire lines of sufficient width to prevent the 
spread of fire beyond the sale boundary should one get started. Just how 
and where these fire lines are to be built is a matter for the Forest officer 
to decide, and this requires a knowledge of, the character of slash fires. 

Forest Service timber sales are conducted in a manner consistent with 
practical logging. They are conducted in a way that will get the best 
utilization possible from the present stand, and at the same time make 
provision for the proper establishment of the next timber crop. 




SONG OF THE FOREST RANGER 

A. G. JACKSON, '09. 

He climbs the hills and he treads the trails 

In the forest's wide extent; 
When nightfall comes and the day is done 

He pitches his shelter tent; 
Alone he lies by his little fire 

In the woodland's mystic shade; 
At morning's dawn he must go on 

At his healthful forest trade. 

He spots the trail and he makes the map 

That shows where the timber stands, 
He builds the bridge and telephone line 

With his strong and skillful hands, 
He plants new trees on the barren hills, 

Where but blackened snags remain, 
By his work he hopes that the naked slopes 

Will be clad in green again. 

Sometimes he fights a forest fire 

To save the woods from death, 
And risks he takes, and life he stakes 

In the red flames' smoking breath. 
To the ranger true I say "God speed" 

And give a hearty hail 
To the man alone, far from his own, 

Who knows no word for fail. 



27 




28 



OUTING OPPORTUNITIES ON THE NATIONAL 

FORESTS 

A. G. JACKSON, '09 
Forest Examiner. 

THE National Forests of Washington include ten million acres of the 
State's area. These Forests contain most of the fine mountain scen- 
ery in the State, and are open to the free use of the public for camp- 
ing, hunting, fishing, tramping, and other outing activities. 
The National Forests are the refuge for most of the remaining big 
game of the State. Deer, bear, cougar, cats and coyotes are found on 
practically all the Forefets, while elk and mountain goat occur on several, 
notably elk on the Olympic, and mountain goat on the Forests along the 
Cascade range, the Washington, Chelan, Snoqualmie, Wenatchee, Rainier, 
and Columbia National Forests. Grouse and pheasants are common to all 
the Forests of the State, while in a few instances duck hunting is possible; 
There is no closed season on any of these animals or birds for the 
merciful hunter who "shoots" iiis game with a camera and is satisfied to 
carry away only the picture of the living creature. To many, this is the 
ideal method of hunting, for the pictures of wild life thus 'Obtained call up 
memories of happy days in camp and on the trail, together with the thought 
that harmless lives were not sacrificed to secure the prized trophies. Those 
who hunt to kill are restricted by the game laws, which limit both the 
amount of game that may be taken and the season when it may be legally 
hunted. The State game laws are operative inside, as well as outside, the 
National Forests, and the Forest Service co-operates with the State and 
county officials in seeing that these laws are observed. 

Lovers of outdoors who find their pleasure in tramping and camping 
in nature's wide spaces, need look no further than the National Forests 
of Washington to satisfy their soul's desire. Rivers, lakes, mountain 
meadows, snowfields and barren peaks send forth their invitation to visit 
the National Forests. A short journey from the bustle, dust and noise of 
any town in the State will carry the traveler into the quiet freshness of 
one of the people's big playgrounds a National Forest. 

A trip in the mountains either by horseback or on foot makes an ideal 
vacation outing for the red-blooded man or woman whose profession or 
business keeps them in town most of the year. The irk of the daily grind 
at desk or counter is forgotten in the freedom of the open, while tire 
complete change from the conventions of town life to the natural existence 
of a man in the forest primeval hastens the heart beats and puts fresh 
charm into life itself. 

The Forest Service maintains two thousand miles of trails and more 
than one hundred and ten miles of roads inside the National Forests of 
Washington. These trails are opened and repaired each spring. Bridges 
are kept up where safe fords are not available. Fourteen hundred miles of 
telephone lines make communication with the outside world possible when 
necessary. There are ranger stations, shelters in isolated places and look- 
out houses on many of the high peaks. These improvements, built and 
maintained primarily for purposes of fire protection and forest administra- 
tion, also lend themselves to the convenience of the forest traveler. 

Officers of the Forest Service are always ready to give information 
to recreation seekers about the trails, streams, mountains, lakes and other 
features of their districts. They are skilled in woodcraft and often render 
valuable assistance to tourists by telling where camp sites, hunting, and 
fishing may be found. 

29 



Forest Travelers' Registers are kept at many frequented parts of the 
Forests. Sometimes a rustic booth shelters the Register. Visitors who 
register are often assisted by the rangers who forward telegrams and 
important mail to them, and in case of danger from fire or other cause 
are able to find them quickly. 

The recreation resources of the National Forests are free: They belong 
to the public and the Forest Service encourages the public to make general 
use of them. A temporary camp may be set up on any unoccupied part 
of the National Forests. Water, air, scenery, and wood for fuel may be 
had for the taking . In many specially desirable places camp sites have 




Courtesy American Forestry 
Magazine. Wash., D. C. 

A Concrete Stove for the use of Campers and Tourists, 
Eagle Creek Camping Grounds. 

been prepared by clearing away the brush and forest debris and building 
a safe fireplace so fire will not easily spread to the Forest. 

All Forest users are expected to be careful with fife and to keep their 
camp sites in a clean and sanitary condition. This is for their own pro- 
tection as well as for the safety of other Forest users and for the Forest 
itself. It is the careless amateur who is reckless with fire in the woods. 
All experienced campers know the fire danger and govern their use of 
fire accordingly. By the exercise of a reasonable care favorite camp sites 
and their forest surroundings are kept green and attractive for repeated 
use from year to year. 

The government makes a special provision for Forest users who wish 
to occupy some attractive spot for a period of years. Term permits may 

30 



be issued giving the user exclusive use of a small tract for a period of 
fifteen years. This permit is renewable for another fifteen years, making 
possible thirty years occupation by the permittee. Charges for these per- 
mits range from $10 to $25 a year. Groups of summer home site lots 
have been surveyed and platted at easily accessible points on most of the 
Forests. Permits to use these lots may be issued as soon as applications are 
received. If an unsurveyed tract is desired, brief delay is neccessary until 
a survey can be made. 

The Forest Service has begun the work of developing public picnic 
grounds and camping grounds at specially attractive places. The Eagle 
Creek Camp Grounds on the Oregon National Forest were opened in 1916. 
Located on the wonderful Columbia Highway, 42 miles east of Portland, 
Oregon, these camp grounds attracted 20,000 visitors in 1916, from thirty 
States of the Union and a dozen foreign countries. The government has 
spent several thousand dollars fitting these grounds for public use and 
building a scenic trail up the canyon of Eagle Creek. A loop road leads 
from the Highway to the various camp sites, so machines can be taken 
directly to the grounds. About one hundred camp sites have been cleaned 
up and safe fireplaces made available. During the summer fire was kept 
burning in a concrete stove near the picnic tables for the convenient use 
of parties stopping only long enough to eat their lunch. Water has been 
piped to the grounds from some distance up the Creek. There is a conven- 
iently located comfort station and a sewer system has been installed. A 
Forest officer was in charge of the grounds during the season and gave 
assistance to parties in the way of finding parking places for their cars, 
and also camp sites suited to their needs. It is of special interest to 
residents of Seattle and the Sound country to know that a similar public 
picnic ground will be opened at Denny Creek on the Sunset Highway, 
60 miles from Seattle. This is on the Snoqualmie National Forest and 
can be visited by auto or train. 

There is rest, health, sport, recreation and inspiration in a vacation 
spent on a National Forest. The charm of the open reacts to the physical 
and spiritual benefit of the vacationist. He returns with new vigor for 
the battle of life, and memories of an outing that will cheer him for many 
days. 




Courtesy Popular Mechanics Magazine 

A KiiMtie Registration Booth in the 
Snoqiialmie National Forest 



SI 



A STUDY OF BREAKAGE, DEFECT AND WASTE 
IN DOUGLAS FIR. 

E. J. HANZLIK, '12 AND F. S. PULLER 

Forest Examiners. 

Supplemented by Report on "Douglas Fir Breakage" 
E. C. ERICKSON, Lumberman. 

PRIMARILY for the use of timber survey parties in the Douglas fir 
region a short study was made in the spring of 1916 to secure data 
upon breakage, defect, and waste in logging Douglas fir timber. This 
study was carried on at the camp of the Snow Creek Logging Com- 
pany, logging their own timber on Section 29, T. 29 N., R. 2 W., a 
patented section within the Olympic National Forest. 

There is appended to this report data obtained by Lumberman E. C. 
Erickson in 1915 on breakage in Douglas fir timber for three typical log- 
ging camps in the Cascade Mountains in Washington. The original data 
has been rearranged and grouped according to diameters and diameter 
classes for a closer analysis. It will be noted that the results of Mr. Erick- 
son's study show a considerably higher percentage of breakage and waste 
than that obtained in the course of this study. 

Character of Timber. 

The timber consisted principally of a mature stand of Douglas fir with 
a slight addition of red cedar and western hemlock. The trees were from 
200 to 300 years of age, with occasional trees over 500 years old. The 
stand ran probably about 60,000 to 70, 000 'feet per acre, of which about 
85 to 90 per cent was, Douglas fir. The trees varied in diameter from 
20 inches to 75 inches, with the average about 50 inches at breast height, 
while the heights ranged from about 150 feet to 230 feet, with an average 
of about 195 feet. 

The timber would be classed as normally sound Douglas fir. There 
were only a very few conky trees, although a considerable number were 
swell-butted and had ground rot. No dead Douglas fir was encountered 
in the course of this study. 

Topography. 

The area has an elevation of about 1,000 feet above sea level, with 
a gentle slope of from 50 to 10 per cent and a southern exposure. There 
are no "pot-holes" or abrupt changes to break the general character of the 
slope. The topography may be classed as such that would cause the least 
amount of damage to timber in the process of felling. 

Utilization. 

The utilization of the timber at this camp may be considered exception- 
ally good, since practically all sound logs not too limby were taken to a top 
diameter as low as 10 and 12 inches. Practically everything merchantable 
was taken from the woods and only a small number of logs which might 
have been classed as merchantable were left, these usually being covered 
with large knots which made their utilization doubtful at this period. Such 
logs were classed as "waste" and were not included as "breakage." This 
waste was very small, being less than one per cent for the trees measured. 
It was readily seen that only a small percentage of the trees below 16 
inches to 20 inches in diameter was available for use, since in the large 
trees, especially where the stand is dense, it is almost impossible to save 
the top logs from breaking. 

In felling the trees, the fallers used considerable care in placing them 
where the breakage would be the least. The trees broken in felling were 

32 



usually bucked in such a manner that all the sound timber could be used. 
The only loss in bucking appeared to be where logs were cut from one to 
one and one-half feet over the even log lengths. Considerable saving could 
have been accomplished had a closer inspection of log-lengths been main- 
tained. 

The stump-heights varied from 2% to 4 feet, depending upon the size 
of timber, character of tree, and conditions around the base of the tree. 
On the whole, the stumps were about as low as could be asked for under 
the conditions. Upon areas that had been yarded, practically no logs of 
merchantable value were left. 

TABLE I. 
Itronkage, Defect and Waste for Individual Trees; with Percentages. 






I 1 : 1 1 
In. 


Top 
DIB 
In. 


Mer. 
Ht. 
Ft. 


Breakage 
B. F. % 


Defect 
B. F. % 


Utilized 

Waste Scale , 
B. F. c/c B. F. f/c 


Full Scaled by 
Scale Will. Vol. 
of tree Table * ' 
B. F. B. F. 




U" 


OO 










680 


100 


68Q 


540 


20 
25 
26 
26 
30 
30 
30 
36 


10 
10 
10 

11 

10 
15 

12 
12 


y 4 
95 
103 
109 
118 
136 
137 
103 
143 


60 
230 


3.5 
16.2 


80 

250 
50 
120 


13.6 

17.6 
5.2 
5.5 


510 
860 
760 
1230 
1660 
940 
910 
2070 


86.4 
100 
100 
100 
96.5 
66.1 
94.8 
94.5 


590 
860 
760 
1230 
1720 
1420 
960 
2190 


740 
810 
950 
1030 
1500 
1500 
1140 
2240 


O \f 

36 


17 


141 


260 


14.1 






1580 


85.9 


1840 


2200 


36 


12 


116 






1100 


70.1 


470 


29.9 


1570 




37 


14 


146 


30 


1.3 


70 


3.1 


2140 


95.6 


2240 


2290 


37 

37 


11 
15 


151 
134 


60 

70 


2.7 
3.8 


70 
100 


3.2 

5.4 


2080 
1660 


94.1 
90.8 


2210 
1830 


2360 
2050 


37 


12 


147 


160 


7.6 


350 


16.6 


1600 


75.8 


2110 


2310 


40 


20 


140 


120 


4.8 






170 6.7 2240 


88.5 


2530 


2700 


40 


15 


143 


60 


2.4 


200 


7.8 


2290 


89.8 


2550 


2770 


41 




154 


80 


3.0 






2520 


97.0 


2600 


3010 


41 


19 


182 


220 


5.1 


60 


1.4 


160 3.7 3850 


89.8 


4290 


3830 


42 


21 


167 


480 


11.3 






3780 


88.7 


4260 


3610 


43 


13 


170 


130 


3.7 


110 


3.2 


3240 


93.1 


3480 


3690 


43 


14 


149 


90 


4.8 


80 


4.8 


1690 


90.9 


1860 


3100 


43 


15 


161 


340 


11.2 


100 


3.3 


2600 


85.5 


3040 


3450 


44 


17 


181 


160 


4.5 


60 


1.7 


3310 


93.8 


3530 


3330 


44 


17 


158 


110 


3.5 






3040 


96.5 


3150 


3690 


44 


12 


156 










3630 


100 


3630 


3630 


44 


19 


137 






830 


32.7 


250 9.8 1460 


57.5 


2540 


3040 


44 


14 


167 


80 


2.5 


130 


4.1 


2960 


93.4 


3170 


3940 


44 


12 


148 


150 


3.2 


80 


1.7 


4420 


95.1 


4650 


3420 


45 


19 


179 


440 


8.8 






4560 


91.2 


5000 


4280 


i:. 


10 


172 


100 


2.5 


80 


1.9 


3890 


95.6 


4070 


4010 


45 


20 


158 


360 


10.2 


50 


1.4 


3110 


88.4 


3520 


3710 


45 


25 


147 


260 


6.9 


1010 


26.7 


2520 


66.4 


3790 


3400 


45 


21 


164 


360 


9.3 


30 


0.8 


3480 


89.9 


3870 


3850 


45 


12 


153 


160 


5.8 


800 


29.0 


1800 


65.2 


2760 


3500 


45 


21 


177 


280 


5.0 


50 


0.9 


5260 


94.1 


5590 


4250 


46 


23 


178 


230 


4.9 






320 6.8 4130 


88.3 


4680 


4590 


46 


16 


179 






50 


0.9 


90 1.8 5130 


97.3 


5270 


4620 


46 


26 


158 


770 


14.3 


60 


1.1 


4570 


84.6 


5400 


4710 


46 


18 


179 


260 


6.5 


250 


6.2 


3490 


87.3 


4000 


4610 


46 


17 


180 


190 


4.6 


60 


1.5 


3870 


93.9 


4120 


4640 


47 


18 


188 


580 


11.2 


100 


1.9 


4520 


86.9 


5200 


4840 


48 


24 


189 


220 


4.1 


150 


2.7 


300 5.6 4710 


87.6 


5380 


5250 


48 


18 


166 


200 


4.8 


790 


19.0 


100 2.4 3110 


73.8 


4200 


4430 


48 


19 


190 


200 


4.0 


450 


8.9 


4400 


87.1 


5050 


5280 


48 


21 


173 


170 


3.5 


900 


18.3 


110 2.2 3740 


76.0 


4920 


4770 


48 


12 


166 


210 


3.8 


110 


2.1 


5060 


94.1 


5380 


i r.i ii 


48 


18 


157 


250 


5.7 


60 


1.4 


4070 


92.9 


4380 


4250 


48 


18 


167 






220 


5.3 


120 2.9 3850 


91.8 


4190 


4570 


48 


14 


190 






80 


1.1 


60 1.1 5460 


97.5 


5600 


5280 


48 


18 


153 


130 


:;.l 


50 


1.3 


3680 


95.3 


3860 


41*0 


48 


10 


164 


60 


1.5 


80 


2.0 


- , 3770 


96.5 


3910 


4460 


48 


13 


171 






80 


1.9 


4070 


98.1 


4150 


4070 


50 


20 


197 


200 


4.0 


660 


13.1 


130 2.6 4030 


80.3 


5020 


5980 


50 


18 


169 






110 


1.7 


90 1.4 6090 


96.9 


6290 


5020 


50 


15 


159 


220 


4.8 


310 


6.6 


4100 


88.6 


4630 


4680 


50 


15 


188 


330 


5.2 


640 


10.0 


5380 


84.8 


6350 


5670 


50 


22 


152 


300 


7.3 


120 


2.9 


3700 


89.8 


4120 


1 170 


50 


18 


169 


660 


15.8 


1000 


24.1 


2500 


60.1 


4160 


5020 


50 


22 


173 


450 


10.4 


450 


10.4 


3430 


79.2 


4330 


5170 



33 



TABLE I. (Continued) 



DBH 
In. 


Top 
DIB 


Mer. Breakage 
Ht. B. F. % 


Utilized 
Defect Waste Scale 
B. F. c/ c B. F. r/, B. F. % 


Full Scaled by 
Scale Will. Vol. 
of tree Table * 




In. 


Ft. 


B. F. B. F. 


50 


21 


174 


370 


8.6 


80 


1.9 


3850 


89.5 


4300 


5200 


50 


18 


184 


100 


1.7 


50 


0.8 


5620 


97.5 


5770 


5540 


50 


23 


166 


300 


6.0 


100 


2.0 


4640 


92.0 


5040 


4910 


50 


23 


166 


250 


5.2 


100 


2.1 140 


2.9 4310 


89.8 


4800 


4900 


50 


19 


177 


500 


11.4 


70 


1.6 


3830 


87.0 


4400 


5310 


52 


20 


170 


180 


4.9 


980 


26.9 310 


8.5 2170 


59.7 


3640 


5420 


52 


16 


184 






50 


1.1 180 


3.8 4510 


95.1 


4740 


5820 


52 


21 


176 


360 


7.0 


1540 


30.0 


3240 


63.0 


5140 


5660 


52 


23 


170 


650 


15.3 


60 


1.4 240 


5.6 3310 


77.7 


4260 


5420 


52 


18 


194 


160 


2.7 


100 


1.7 


5690 


95.6 


5950 


6180 


53 


12 


189 






200 


3.0 


6370 


97.0 


6570 


5920 


54 


17 


175 


30 


0.5 


1110 


18.9 140 


2.4 4570 


78.2 


5850 


5910 


54 


22 


173 


500 


8.8 


100 


1.8 


5090 


89.4 


5690 


5830 


54 


19 


158 


240 


7.1 


300 


8.8 


2840 


84.1 


3380 


5240 


54 


12 


175 


400 


6.2 


250 


3.9 


5830 


89.9 


6480 


5910 


55 


14 


165 






60 


0.9 


6320 


99.1 


6380 


5500 


55 


17 


189 


110 


2.0 


100 


1.8 70 


1.3 5200 


94.9 


5480 


6430 


55 


16 - 


190 


140 


2.2 




70 


1.1 6160 


96.7 


6370 


6460 


56 


23 


179 


330 


5.8 






5330 


94.2 


5660 


6420 


56 


24 


177 


900 


17.6 


300 


5.8 


3900 


76.6 


5100 


6340 


56 


20 


169 


870 


12.7 


210 


3.0 


5790 


84.3 


6870 


5990 


58 


20 


162 


460 


6.9 


730 


11.0 


5440 


82.1 


6630 




58 


18 


183 


130 


1.7 


70 


0.9 


7220 


97.4 


7420 


7010 


58 


15 


190 


90 


1.3 


450 


6.7 


6160 


92.0 


6700 


7330 


58 


20 


199 


300 


4.0 


350 


4.7 


6840 


91.3 


7490 


7770 


59 


16 


148 


290 


5.7 


250 


4.9 


4540 


89.4 


5080 




59 


23 


179 


380 


5.2 


70 


1.0 130 


1.8 6670 


92.0 


7250 


6870 


59 


26 


176 


620 


11.5 


60 


1.1 420 


7.9 4270 


79.5 


5370 


6680 


60 


23 


193 


350 


6.0 


210 


3.4 


5280 


90.6 


5840 


7950 


60 


16 


198 


100 


1.7 


150 


2.6 


5580 


95.7 


5830 


8210 


60 


12 


186 


170 


3.2 


3560 


63.8 


1840 


33.0 


5570 


7600 


60 


17 


196 


130 


1.6 


150 


1.9 


7600 


96.5 


7880 


8100 


60 


24 


169 


130 


2.3 


650 


11.2 180 


3.1 4800 


83.4 


5760 


6760 


62 


24 


195 


4.30 


5.4 


100 


1.3 


7450 


93.3 


7980 


8540 


63 


29 


185 






1770 


27.8 


4600 


72.2 


6370 


8040 


63 


17 


194 


130 


1.9 


160 


2.4 


6300 


95.7 


G590 


8500 


64 


15 




60 


0.8 


180 


2.3 


7530 


96.9 


7770 


8520 


75 


31 




250 


1.9 


1280 


9.8 


11480 


88.3 


13010 


12850 




17.4 




20890 


4.7 


27490 


6.2 3780 


0.9 388930 


88.2 


441090 




Total scale 


for 95 trees. . 


427910 


451990 



Check on Willamette Vol. Table. 

Total full scale of 95 trees 427,910 ft. b.m. 

Total by Willamette Vol. Table 451,990 ft. b.m. 



Difference 24,080 ft. b.m. 

Difference per cent 5. 6% 

Leaving out of consideration 10 abnormally swell-butted trees we have: 
Total scale by Willamette Vol. Table (85 trees) .. 385,910 ft. b.m. 
Total full scale on ground (85 trees) 378,360 ft. b.m. 



Difference (Vol. table high) 6,550 

Difference per cent 1.7% 

TABLE II. 

Breakage by Diameter Classes. 
Snow Creek 

Inch Class No. Trees Scaled Volume Breakage % Breakage 

20"-36" 11 13,820 550 3.9 

37"-48" 42 161,960 7,770 4.7 

49"-75" 45 265,310 12,570 4.7 

Total ' 98 441.090 20,890 4.7 



No. Trees 


Scaled Volume 


Breakage 


11 

42 

45 
98 


13,820 
161,960 
265,310 
441.090 


550 
7,770 
12,570 
20,890 


From 


E. C. Ericksoii's Report. 




34 
98 
6 
138 


79,860 
584,130 
84.090 
748,080 


9,780 
77,770 
12,680 
100,230 



Under 36" 34 79,860 9,780 12.2 

36"to56" 98 584,130 77,770 13.3 

Over 56" 6 84.090 12,680 15.1 

Total 138 748,080 100,230 13.4 

34 



I 

flj 



Discussion Breakage. 

Table I. Out of a total full scale of 441,090 feet B. M., the loss by 
breakage amounted to 20,890 feet B. M., or 4.7 per cent. It is seen by 
glancing through this table that the size of the timber does not have a 
very great effect upon the per cent of breakage, except possibly for trees 
under 30 inches in diameter. Taking the trees at random and comparing 
the per cents we have the following data: 

36" d. b. h 14.1% breakage 

36" 0.0% 

45" 2.5% 

45" 10.2% 

It may be seen that the breakage for some of the largest trees is very 
small, as 0.8 per cent for a 64 inch tree, 1.9 per cent for a 63 inch tree and 
many other instances. The range in per cents runs from to 17.6, although 
the number above 8 per cent is small. 

Table II. This table shows the trees grouped according to diameter 
classes in order to ascertain the relation between the size of the timber and 
the percentage of breakage. The results show a tendency to a lower per 
cent for the smaller trees, although this is not conclusive since there were 
only 11 trees under 36 inches and 87 trees between 37 and 75 inches. 
Probably the breakage would be very nearly the same if there had been 
a larger number of trees measured below 36 inches in diameter. Although 
the actual volume lost is greater for the larger trees, the volumes of 
these trees are correspondingly larger so that the breakage per cent no 
doubt remains about the same. This fact is brought out by the data on 
breakage secured by Lumberman Erickson, although it will be noted that 
the breakage per cent is considerably higher than at the Snow Creek 
Logging Co. camp. Mr. Erickson's data show a slightly higher breakage 
per cent for the larger trees. 

Defect and Waste. 

This timber had the appearance of a normally sound mature stand 
of Douglas fir. No serious evidences of defects were noticeable upon 
the trees, although indications of ground rot were in evidence on 
account of the butt-swelling of some of the larger trees. There were 
practically no outside evidences of conk, or other defects. The greater 
portion of deduction for defect was due to ground rot, in a considerable 
number of instances it was necessary to long butt the tree from 8 to 
12 feet. Probably 75 or 80 per cent of the defect was due to this cause. 
Pitch seams and pitch pockets were next in importance, while the deduc- 
tion for conk was very small. 

The defect on this area amounted to 6.2 per cent, which was some- 
what higher than was first thought upon a general inspection of the 
stand. Upon a closer study of the trees when felled and bucked it was 
seen that the error of 'judging the defect was .mainly in the greater 
amount of ground rot than was allowed for. 

The waste logs in this area were a negligible factor, amounting to 
only .9 of 'one per cent. In a number of instances logs which were 
classed as possibly merchantable were of a very low quality and would 
have been worth very little in the log market. All logs 16 feet long and 
12 ijiches at the small end which were left in the woods were deemed 
waste logs. A considerable number of those left were very limby. 
Adaptability of the Willamette Volume Table to the Timber of the 
Olympic National Forest. 

In order to determine the adaptability of the Willamette Volume 
able to Olympic National Forest timber, the total full scale for 95 trees 
as computed by the Scribner Decimal "C" Rule and then by the values 
as shown in the above volume table. The results show that on a basis 
of all the trees, the volume table is 5.6 per cent higher than the full 
scaled contents, there being a difference of 24,080 feet B. M. It is 
nteresting to note in this comparison, however, that in ten trees which 

35 



would be ordinarily classed as swell-butted, the excess by the volume table 
was 17,530 feet B. M., or a very large percentage of the total difference. 
If we eliminate these ten trees and include only the eighty-five normal 
trees we find that the difference is only 6,550 feet B. M. in 378,360 
feet scaled contents, or only 1.7 per cent difference. 

These data show quite conclusively that the volumes as given for the 
Willamette Volume Table for Douglas fir are readily applicable to normal 
Douglas fir timber in the Olympic National Forest. Although they are 
applied only in the northeast portion of the Forest, it is reasonably sure 
that normal trees in other portions will not show a greater variation 
from the volume table. 

TABLE III. 
Per Cent of Total Scale of Tree Contained in Butt Log, 2nd Log, and Top Log. 



DBH ] 


Vterch. 






FEET E 


. M. 






Total Sc 


Inc. ] 


it. Ft. 


Butt Log 


% 


2nd Log 




Top Log 




Tree ft. 


30 


103 


480 


50.0 


280 


29.2 


120 


12.5 


960 


37 


146 


920 


41.0 


610 


27.2 


120 


5.4 


2,240 


37 


147 


750* 


35.5 






120* 


5.7 


2,110* 


37 


151 


810 


36.6 


680 


30.8 


120 


5.4 


2,210 


41 


154 


920* 


35.4 






120* 


4.6 


2,600* 


41 


182 


1,310 


30.5 


1,100 


25.6 


120 


2.8 


4,290 


43 


146 


670 


36.0 


560 


30.1 


120 


6.4 


1,860 


43 


170 


1,220 


35.0 


810 


23.3 


120 


3.4 


3,480 


44 


148 


1,420 


30.5 


1,220 


26.2 


120 


2.6 


4,650 


44 


158 


1,160 


36.8 


1,080 


34.2 


120 


3.8 


3,150 


45 


179 


1,600 


32.0 


1,160 


23.2 


120 


2.4 


5,000 


46 


178 


1,990 


42.5 


1,170 


25.0 


120 


2.6 


4,680 


46 


179 


1,850 


35.1 


1,470 


27.9 


120 


2.3 


5,270 


48 


167 


1,470 


35.1 


1,100 


26.2 


120 


2.9 


4,190 


48 


189 


1,470 


27.3 


1,420 


26.4 


120 


2.2 


5,380 


50 


166 


,610 


32.0 


1,350 


22.5 


160 


3.2 


5,040 


50 


166 


,470* 


30.6 






160* 


3.3 


4,800* 


50 


169 


,500 


39.8 


1,470 


23.4 


160 


2.5 


6,290 


50 


173 


,470 


34.0 


1,160 


26.8 


160 


3.7 


4,330 


50 


174 


,470 


34.2 


1,220 


28.4 


160 


3.7 


4,300 


50 


177 


,310 


29.7 


1,160 


26.4 


160 


3.6 


4.400 


52 


170 


,420 


33.3 


1,160 


27.2 


160 


3.8 


4,260 


54 


158 


,310 


38.7 


810 


24.0 


160 


4.7 


3,380 


54 


173 


1,850 


32.5 


1,600 


28.1 


160 


2.8 


5,690 


55 


165 


2,240* 


35.1 






190* 


3.0 


6,380* 


55 


190 


2,240 


35,2 


1,780 


28.0 


190 


3.0 


6,370 


56 


179 


1,850 


32.7 


1,570 


27.7 


190 


3.4 


5,660 


58 


183 


2,410 


32.5 


2,060 


27.8 


190 


2.6 


7,420 


58 


190 


2,410 


36.0 


1,750 


26.1 


190 


2.8 


6,700 


58 


199 


2,540 


33.9 


2,060 


27.5 


190 


2.5 


7,490 


59 


176 


1,750* 


32.6 






190* 


3.5 


5 370* 


59 


180 


2,240 


30.9 


1,750 


24.1 


190 


2.6 


7,250 


60 


169 


2,060* 


35.8 






230* 


4.0 


5,760* 


62 


195 


2,540 


31.8 


1,940 


24.3 


230 


2.9 


7,980 


63 


185 


2,060 


32.3 


1,540 


24.2 


230 


3.6 


6,370 


63 


194 


2,140 


32.5 


1,600 


24.3 


230 


3.5 


6,590 


75 


192 


4,050 


31.1 


3,040 


23.4 


280 


2.2 


13,010 


50.5 


170.7 


53.790 


33.7 


41,680 


26.0 


4,950 


3.1 


159,890 


Note 


: Tret 


s marked 


thus 


(*) are not 


used 


in total. 


All logs 


are 32' 



long. 
Log Volume Compared to the Total Volume. 

Table III. In order to arrive at some conclusion concerning the 
percentage of the total volume contained in the butt log, second 
log and the top log, Table III was constructed. It has been very apparent 
in timber survey work that some such data are essential in order that 
such factors as defect and breakage might be more correctly judged by 
the field men. 

In the third column it is seen that the butt contains from 27.3 per 
cent to 50 per cent of the total volume of the tree. There appears a 
tendency for the butt logs of the smaller diameters to contain a greater 
percentage of the volume, although the lack of sufficient data makes 
the exact per cent a doubtful figure. The average per cent for all sizes 
is shown as 33.7, and this figure appears to hold fairly close for trees 
above 36 inches in diameter. 

The second log contains from 22.5 per cent to 34.2 per cent of the 
total volume of the tree, with an average of 26.0 per cent. The diameter 
of the tree appears to have little effect upon the percentage in the second 

36 



e>f 



of 



L 



t 



f*e. cent of To fa/ Scale of 

irveM xh.\ jini per cent of total Mcale of tree contained in llutt I -. 2nd I <>^ 

and Top I, OK. 



37 



log, although there seems to be a tendency for the logs of the smaller sizes 
to bear a slightly greater per cent. 

The top log is seen to contain a per cent ranging from 2.2 to 12.5. 
These logs are taken to be 10 inches at the small end and 32 feet long 
for the smaller trees, and ranging to 15 inches diameter and 32 feet long 
for the larger trees. The average per cent for all sizes is 3.1. The figures 
show a strong tendency for the smaller trees to contain a greater per- 
centage in the top log, which is naturally expected. 

Supplemental Data on Breakage. 

(Copy of a Report by E. C. Erickson, July 1, 1915) 

These data on breakage were obtained in three different localities of 
almost identical topography, the ground being level and not very rough. 
The timber at the Hamilton Logging Company's comp was in a dying 
condition from fire, which swept through it in 1914, for this reason there 
was more breakage. 

The object of the data was to get a fair average of breakage under 
ordinary conditions, both as to the quality of the stand and as to the 
ground surface. The breakage varied a great deal, depending upon the 
topography, the size of the timber and the care used in felling. 

In a stand of tall timber averaging 80 M to 100 M feet per acre, the 
breakage on a steep mountain side with a rocky or rough ground surface, 
will be much higher than these data indicate while on level ground it 
will be less. 

Since large timber breaks up more than small timber, there is little 
or no breakage in second growth cuttings. It is difficult to fix /the per- 
centage of the breakage in timber that is suitable for lumber. In large 
timber, none of it may be merchantable, for the pieces are usually to 
short to handle or rather it is impracticable to cut short logs in a typical 
coast mill. The lumber would also be extremely knotty, grading only 
as No. 3 common. 

I do not know of any remedy that will eliminate breakage. Careful 
felling has stopped all unnecessary waste in this respect during the past 
few years. 

TABLE IV. 
Grand Summary Douglas Fir Breakage. 

Data by E. C. ERICKSON. 
3 Camps. 



Diam. Class 


Number 
of 


Total Scale 
of Trees 


Breakage and 
Waste 


Per Cent 
Breakage and 


Inches 


Trees 


to 10" d. i. b. B. F 


Board Feet 


Waste 


Under 25 


5 


6,200 


650 


10.5 


25-30 


22 


48,730 


5,570 


11.4 


31-35 


7 


24,930 


3,560 


14.3 


36-40 


40 


176,620 


21,320 


12.1 


41-45 


21 


121,570 


21,080 


17.3 


46-56 


37 


285,940 


35,370 


12.4 


Over 56 


6 


84,090 


12,680 


15.1 


Totals 


138 


748,080 


100,230 


13.4 


Under 36 


34 


79,860 


9,780 


12.2 


36-56 


98 


584,130 


77,770 


13.3 


Over 56 


6 


84,090 


v 12,680 


15.1 


Totals 


138 


748,080 


100,230 


13.4 


Includes 


breakage and 


waste in tops not 


utilized. 





TABLE V. 
Douglag Fir Breakage by Camps. 

(Data by E. C. ERICKSON.) 



Camp 



Florence Logg. Co. 
Hamilton Logg Co. 
Stimpson Logg. Co. 
Totals 



Number 
of 
Trees 


Total Scale 
of trees 
to 10" d. i. b. B. 
Board Ft. 


78 
40 
20 
138 


346.460 
248,790 
152,830 
748,080 



F. 



Breakage and 

Waste 
Board Feet 

48,470 
33.720 

18,040 
100,230 



Per Cent 
Breakage and 
Waste 

14.0 
13.6 
11.8 
13.4 



38 



TAP.LK VI. 
Summitry I)oi9gln.i Fir Breakage tireeii Timber Stiiii|>soii 

i D;it;i l.y I-:. C. KliK'KSOX. ) 



>ogging 








Number 


Total Scalt- 


Krcaka:;-*' and 


Per < '-Hi 


Diam. 


of 


of trtM's to 


Waste 


Breakage and 


Indies 


Trees 


Hi" d.i. b. B. F. 


Board PVrt 


Waste 


36-40 


7 


28,280 


3,250 


M.r. 


41-45 


2 


1 1.440 


1,960 


17.1 


46-56 


9 


70,780 


8,500 


L2.0 


56 plus 


2 


11'. 3 80 


4,330 


10.2 


Total 


20 


152;830 


18.040 


11.8 


Under 36" 











0.0 


36" to 56" 


18 


110,450 


13,710 


12.4 


Over 56" 


2 


12,380 


4,330 


10.2 


Total 


20 


152,830 


18,040 


11.8 






TABLE VII. 






Summary 


-Doug-las Fir Breakage (Green Timber) Florence 


Logging Co. 





(Data 


by E. C. ERICKSON.) 


Diam. 


Number 
of 


Total Scale 
of Trees 


Breakage and 

Waste 


Per Cent 
Breakage and 


Inches 


Trees to 10" d. i. b. B. F. 


Board Feet 


Waste 


Under 25 


4 


4,810 


490 


10.2 


25-30 


20 


42,170 


4,130 


9.8 


31-35 


7 


24,930 


3,560 


14.3 


36-40 


17 


71,770 


7,990 


11.1 


41-45 


16 


94,890 


16,700 


17.6 


46-56 


14 


107,890 


15,600 


14.3 


Total 


78 


346,460 


48,470 


14.0 


Under 36" 


31 


71,910 


8,180 


11.4 


35-56 


47 


274,550 


40,290 


14 7 


Total 


78 


346,460 


48,470 


Av. 14.0 






TABLE VIII. 






Summary Doiiulas Fir Breakage (Burnt Timber) Hamilton 


Logging < o. 




(Data 


by E. C. ERICKSON) 




Number 


Total Scale 


Breakage and 


Per Cen1 


Diam. Class 


of 


of Trees 


Waste 


Breakage and 


Inches 


Trees to 10" d. i. b. B. F. 


Board Feet 


Waste 


Under 2~. 


1 


1,390 


160 


11.5 


25-30 


2 


6.560 


1,440 


22.0 


31-35 











36-40 


16 


76,620 


10,080 


13.1 


41-45 


3 


15,240 


2.420 


15.9 


46-56 


14 


107,270 


11,270 


10.5 


56 plus 


4 


41,710 


8,350 


20.0 


Total 


40 


2487790 


33,720 


13.6 


Under 36" 


3 


7,950 


' 1.600 


20.1 


36-56 


33 


199.130 


23.770 


11 .9 


Over r,t; 


4 


41.710 


8.350 


20 


Total 


40 


248,790 


33,720 


13.6 




39 






p3if!4H3pT 



paHHUapX 



fuofoyefo stunpuofj 



jilt/ad 



ij so/Bnt 



lit 1 11 












40 



IDENTIFICATION OF COMMERCIAL WOODS 

SIDNEY L. JOHNSTON, '18, and WILLIS G. CORBITT, '18 

Purpose 

THE purpose of this study is to determine if possible the relative ac- 
curacy with which the most common commercial woods can be cor- 
rectly identified by the average person without previous training in 
wood identification, and at the same time to learn which species are 
the most often incorrectly identified and the reason for the mistakes, 
whether due to a similarity in structure^color, odor or merely gross blunder. 

Method. 

The data for this study were compiled from examination papers turned 
in by twenty-seven students in wood technology at the University of Wash- 
ington, representing the work done during the beginning of two different 
semesters. The students in each class were inexperienced in wood identi- 
fication, having had no previous systematized training along that line other 
than a brief laboratory study of type specimens just previous to the exami- 
nation. 

The specimens were numbered and then given to the students who 
examined them with a hand lens or the unaided eye and then wrote on 
the examination papers opposite corresponding numbers what they con- 
sidered the correct common and scientific names. In many cases un- 
common woods were passed out with the specimens in order to test the 
students' ability to distinguish between those that were similar in color 
and texture. For example, Shii, a foreign species, might easily be mis- 
taken for maple. These specimens were termed "ringers", and if judged 
as such by the student the identification was considered correct. In ob- 
taining the total number of correct and incorrect identifications for each 
species those due to "ringers" were eliminated from the accompanying 
table. 

The specimens submitted for examination varied in size and shape 
from a twelve-inch plank to an empty thread spool. In certain instances 
the samples were stained or kept in contact with odorous woods previous 
to examination in order that the student, to judge correctly, would have 
to examine the structure of the wood carefully. In most cases, specimens 
once identified by the students were stored away, to avoid the liability of 
recognition due to students becoming familiar with the physical form or 
shape of the specimens. 

Results. 

The accompanying table is almost self-explanatory, but a few com- 
ments on the results as tabulated may help to emphasize the essential fea- 
tures of the study and make clear the reasons for the conclusions. 

The species as tabulated follow in the order in which they are classi- 
fied in Record's "Economic Woods of the United States." As in all scien- 
tific classifications, the woods are grouped according to certain similar 
characteristics, the details of which need not be explained here. It will be 
noted, however, that the fifty-three species are divided into three main 
groups, the non-porous, ring-porous and diffuse-porous woods. These 
terms are deemed self-explanatory and will therefore receive no further 
Uscussion. 

A careful study of the accompanying table will disclose many inter- 
jting facts, only a few of which will be enumerated. Referring to the 
m-porous woods, one will see that there are seven species having a per- 

41 



centage of error greater than ten, and the average percent of error for 
the whole group is 10.1 or one mistake for every ten specimens examined. 
Considering that 7748 pieces of wood were examined by twenty-seven dif- 
ferent persons, the percentage of error for the entire group should not be 
far from that made by the average person accustomed to handling these 
woods. 

Of the ring-porous woods only two catalpa and black locust have 
more than ten per cent error. The excess above that figure appears to be 
due in part to a common mistake made in one set of papers where catalpa 
was incorrectly identified as butternut. This is more of a blunder than 
a mistake, for butternut is not only classified under a different group but 
the color of the two are quite dissimilar. It is only reasonable to suspect 
that this error was due to a "doctored" specimen for by eliminating the 
twelve mistakes the total percent of error is reduced to 11.6, which is more 
consistent with the expected results. 

Although the total number of species having a percentage of error 
greater than ten is the same in the diffuse as the non-porous group, the 
average percentage of error for the former is four-fifths that of the latter. 
This is due no doubt to the fewer number of specimens examined. In the 
case of the Spanish cedar the figures are misleading, for there is a close 
resemblance between it and West Coast and Honduras mahogany. It could 
be mistaken for either one of these woods, especially if the characteristic 
odor were not very prominent. 

The extremely high percentage .of error for teak is also very mislead- 
ing to those who are not acquainted with it and Oregon myrtle, for which 
it was mistaken. Although the two are very close together in the order 
of classification, their general appearance is very dissimilar, and to mis- 
take one for the other would be considered a gross blunder on the part 
of even a novice. As an added proof that Oregon myrtle is not readily 
mistaken for other woods, a glance at the table will show that out or 
the forty-one times that the wood was examined not once was it identified 
incorrectly. By referring to the column below the name at the top of the 
table, it will be seen that only once was any other wood mistaken for 
Oregon myrtle, and that was in the ease of the blunder referred to above. 

On the whole the last group does not show such conclusive results as 
might be expected from the 4382 specimens examined, due, no doubt, to 
the unequal representation of species among the samples submitted. If 
all species that are represented by less than 100 specimens are left out, 
the average percentage of error will be materially reduced and more nearly 
equal to that of the ring-porous group. 

Conclusions. 

Considering only the figures shown in the table, one may conclude 
that such non-porous woods as hard pine, eastern larch, Douglas fir, red 
spruce, western hemlock, true fir and Port Orford cedar are the commercial 
woods most likely to be incorrectly identified. To conclude that western 
yew is easily identified is correct, and the mistake marked against it is 
hardly excusable owing to the dissimilarity of texture between it and 
redwood. 

The tabulated results would lead one to conclude rightly that the 
ring-porous woods are the easiest to identify. It might be said that there 
is less similarity between the woods of this group than between those of 
the other two, due to the arrangement and size of pores and the charac- 
teristic colors. 

No satisfactory conclusion can be drawn from the table for diffuse- 
porous woods, but from the experience of the writers it was found that the 
mahoganies; maple, birch, beech and alder; basswood, cottonwood, and 
tulip poplar, were the most difficult to identify correctly. 

The gross blunders appear to be equally distributed among the three 
groups, in each case being only a very small percent of the total mistakes. 
In working up the data it was found that the papers for the year 1915-16 

42 



contained 94 per cent of the total number of blunders recorded. The 
writers do not attempt to explain the reason for this unequal proportion. 
(Note. The word "gross blunder" as used in this article refers to 
such inconsistent mistakes as identifying yew as black locust or redwood 
as maple. As an arbitrary method of determining what would be con- 
sidered a blunder, the authors decided that a species referred to by a 
name not in the same division of the classification would fall under that 
heading. This system was followed throughout except where teak and 
myrtle were confused.) 



* Butternut should follow black walnut in the accompanying chart. 



; 



F 



DOUGLAS FIR TRADEMARK CONTEST. 

OLLOWING the custom established last year of having the 
students engage in some form of a contest in which they could 

: exhibit their ingenuity and skill, the Forest Club Annual held 
a "trade mark contest" this year. The object of the contest was 
o develop if possible a suitable trade mark which could be applied 
o a high grade of Douglas fir lumber, and by the use of such a 
trade mark identify a standard grade of product similar to that 
now established in the shingle market. The requirements were of 
necessity very exacting, and because of these requirements, specified 
1>\ 1 .he Annual, the judges of the contest, R. B. Allen and J. S. Williams 
of the West Coast Lumbermen's Association, and C..P. Constantine 
of the Constantine Advertising Co., failed to find any of the designs 
submitted deserving of first prize. The judges were requested to 
criticise the designs freely, and in so doing gave very valuable infor- 
mation upon the requirements for commercial trade marks. Among 
other things they said : ' ' We want to compliment all contestants on 
their initiative and originality. The designs submitted showed con- 
siderable thought and work, but some one point or other precludes 
their use as trade marks under the conditions imposed by the Annual. 
Such contests are heartily commended as they develop initiative 
and originality in the student, qualifications greatly desired." 

The judges further remarked that the students have no reason to 
be discouraged because their efforts were rejected, for some of the 
best advertising specialists in the country have worked on the same 
idea without success. 




43 




UREA KING THE PIXTO 

44 






BREAKING THE PINTO. 

Pictures by A. PRICE TOWNSEND, 
Administrative Asst., Grazing District No. 1, Missoula, Montana. 

Words by W. G. CORBITT, '18. 

Open that old corral, boys, and bring the cayuse out, 

For here's a call from the Ranger who wants a packhorse stout. 

Bring on the ropes and blankets; get me a saddle too; 

This pinto's going to be broken, and you've got to help me thru. 

Just cast your noose o'er his forelegs; that'll bring him down with a jerk, 
And before the wild beast knows it he'll be learning how to work. 

Throw on the blankets and saddle, cinch up the girth till he groans, 
For after he once gets started, may the Saints look after his bones. 



Lash on the pack of canvas, using the diamond hitch; 

Then tie him up to the hurdle and let him lunge and pitch. 

Watch out for his offside kicking, as over and under he shoots; 
For he does more fancy stepping than a dancer in tango boots. 



Rip off that canvas casing; remove the snow-white shroud; 

A horse that's exhausted and smothered no longer can be proud. 

Unfasten that roll of tenting; put on a case of "Pork an'," 

For the horse is completely broken; henceforth he's a servant of man. 




4f> 



A RETROSPECTIVE VIEW OF FORESTRY. 

IN connection with our publicity on the reforestation of National 
Forests, the acquisition of a demonstration forest and the prospects 
for a state forest, it might be interesting to learn of the considera- 
tion which is given to forests and forestry in the war-ridden coun- 
tries across the sea. Much has been written about the devastated wood- 
lands of England, but the truth of all such reports is generally dis- 
counted twenty per cent on account of the war correspondent 's vivid 
imagination. The College of Forestry is fortunate to be able to receive 
first hand information upon this subject from a former student, 
Arthur Bevan, who is now "somewhere in England." Although the 
school regrets the loss of the many students who have heeded the 
call of their country, it is pleased to learn that the doctrine of forestry 
is being preached by one of its most loyal friends in a country where 
the inhabitants are beginning to appreciate the needs for forest 
regulation. 

The following extracts from letters received from Mr. Bevan 
picture conditions in England as they are today, and as they may 
be in this country a few generations hence unless a forest policy is 
established and put into practice immediately. 

"Why is it that people will always try to lock the stable door 
after the horse is gone? The present Government must bitterly 
regret the past in regard to forestry for the neglect has now almost 
become criminal. If all the waste land had been planted to trees in 
the past, there would have been the normal yield, which would have 
well repaid the government, and a fine reserve for such times of 
national peril as the present. 

"To save tonnage the importation of timber is to be restricted 
or forbidden. This will mean the further depletion of the forests, 
if not their complete destruction, provided the war continues for 
some time. If there had been state forests, extensive cuttings would 
have been made with consideration for the future and a great deal 
would have been conserved to cover the period after the war when 
tonnage will still be short. It will take years to replace the forests 
damaged, and in the meanwhile nearly every piece of timber used 
in this country will have to be imported. That will mean sending 
capital abroad which without doubt will be needed at home. It 
would be interesting to know how much the government has spent for 
timber since the war began ; vast sums no doubt which might have 
been saved by a little foresight." 

To quote from other information received from England : ' ' People 
who travel up and down the country by rail may casually think that 
this is a well-wooded land. If you consider scattered trees in fields, 
hedges and avenues, it is. But comercially we have the smallest 

46 



! 



area of land under trees in Europe. With imports banned and timber 
famine in prospect, for others as well as ourselves, it is interesting 
to compare our own woodland areas with those of our Allies and the 
enemy countries. Before the Departmental Commission on Irish 
Forestry in 1908 trustworthy figures were given as to the percentages 
of land occupied by forests in the following countries : 

England 5.3 

Scotland 4.6 

Wales 3.9 

Ireland 1.5 

France 17.0 

Belgium 17.3 

Germany 25.9 

Hungary 27.5 

Austria 32.6 

"The extent and value of our imports may be best judged by 
913, the last normal year. During that year approximately 559,- 
00,000 cubic feet of hewn, sawn and planed timber, valued at 
150,000,000 were imported. In addition 19,900,000 cubic feet of 
urniture wood, valued at $14,000,000 were also imported, bringing 
the total value of the imported wood up to $164,000,000. 

"The curious thing is that before the war, Germany, notwith- 
standing her immense, well-managed, and profitable state forests, 
carefully conserved and developed throughout a century, was next 
in importation to ourselves. It is easy to guess why now. They 
looked to the day when they would want every foot of their own 
trees. 

"What did England do during the past century to develop 
silviculture in one of the best woodland countries of the world? Next 
to nothing, and sometimes worse than nothing. Virgin forests abroad, 
open seas, and plenty of tonnage gave us all we wanted. That the 
world's supply was becoming exhausted was scarcely foreseen. Yet 
the word "famine" in regard to timber was distinctly used in the 
report of the Royal Commission in 1909. The State was supine, the 
individual landowner rarely did much, and not often with skill, while 
the sacred ground game (deer) continued to kill the regenerative 
powers inherent in all coniferous woods by nipping in the bud what 
was intended by nature to replace the parent tree when it was ripe 
for utilitarian purposes. 

"Of course the State can not now take over the woods without 
starting simultaneously a great scheme of national forests. But 
here will be a splendid opportunity to provide for not only temporary, 
but permanent employment for thousands of ex-soldiers now accus- 
omed to open-air life. IT HAS BEEN SHOWN IN GERMANY 
HAT THE STATE FORESTS SUPPORT A LARGER POPULA- 
ION THAN IF THE LAND WERE FARMED. There every inch 
of a tree can be put to use. 

In describing the woodlands of England Mr Bevan writes: "I 

47 



examined one tract composed of larch which had been cut for mine 
props. The stumps of course were level with the ground but from 
them I obtained some very interesting information relative to the 
stand. The trees were about thirty years old and the tract appeared 
to have been well tended although thinning was apparently rather 
haphazard but at regular time intervals. The growth was some- 
what irregular due to the thinning being done by someone who did 
not fully understand the requirements, but taking the tract as a 
whole it was very fair. The trees were cut just as the growth was 
at a maximum and natural pruning was taking place rapidly. It is 
a great sacrifice to cut such timber, but of course necessary under the 
circumstances. Decayed stumps, eighteen inches in diameter at the 
surface of the ground, indicated a previous growth. Although unable 
to identify the species and determine the age of the stand, it was 
interesting to know that there had been a rotation of crops on the 
land. 

"I also examined a woodlot of Scotch pine which had been cut 
over for saw logs. The stand was about sixty years old, growing 
fast and putting on clear lumber. As I stated before to cut timber 
in such a favorable condition of growth is indeed a great sacrifice. 
This tract was kept cleared of underbrush and there was evidence 
that lopping had been practiced in order to hasten natural pruning. 
Old stumps indicated that the stand had been thinned several times. 
It was obvious that this stand had been planted, for the spacing was 
very regular; while on a near-by area which had been cut over 
within the past five years, the scattered stumps indicated that it had 
been seeded naturally by trees left along the outskirts of the plot. 

"I have no doubt that there will be state forests in this country 
after the war, but it is a pity that they should come so late in the 
history of the country. I sincerely hope that the United States and 
Canada will profit by such experiences and do something before it 
is too late. Why is it that the public takes no thought of such things 
until its absence inconveniences them? Is the general public so 
selfish that things must effect their pocket-books or inconvenience 
them in other ways before they will take notice and act? Action 
is what is needed more than the notice. Does democracy again fall 
down in this respect? I fear that the idea of democracy as conceived 
of by a great many people could be expressed by the word selfish- 
ness." 

"I have found during my travels, that is certainly pays to be 
an enthusiast. I have already made several good converts to forestry 
and perhaps they have made others, thus the good work is extended. 
I believe in preaching forestry and conservation to anybody and 
everybody who will listen, and in that way little by little the good 
cause will be carried on to the lasting benefit of the whole human 
race. We are all too selfish and a little more sincere public welfare 
v. r ork would do us all good." 



48 



EDITORIALS 






TO THE READERS OF THE ANNUAL 

THIS book was made possible by the diligent work of our Adver- 
tising Manager and the ready support given him by the reliable 
firms whose advertisements appear in this publication. To in- 
sure further support from the advertisers it is necessary to 
prove to them that the advertisements which you are going to read in 
the back of this book have appealed to your business sense. To prove 
this requires but the mentioning of the Forest Club Annual when mak- 
ing a purchase. It is a known fact that considerable business is done 
with our advertisers without referring to their advertisement in the 
Annual ; but for us, one purchase with a reference is worth two with- 
out. Please refer, it pays both ways. 



APPRECIATION 

IN publishing the Forest Club Annual, co-operation has proven the 
keynote of success and it is at this time that the Editorial Board 
desires to publicly express its appreciation of the support and co- 
operation which it has received from members of the faculty, alum- 
ni and students of the College of Forestry. It is also greatly in- 
debted to the University and friends of the College for the success of 
this publication. 

In securing articles for the Annual the Board has endeavored 
to cover as large a field as practicable, and in so doing has received 
contributions from prominent business men to whom we feel greatly 
indebted. 

Many of the cuts used to illustrate the articles appearing in this 
book are used through the courtesy of other publications and business 
men. To them we extend our thanks and appreciation. 






WHERE IS HE? 

MANY of the Alumni have asked this question when they were 
reminded of a former classmate. It has been our endeavor to 
answer it by publishing a complete list of all the 
alumni and ex-students of the College of Forestry. We regret, 
however, that a lack of support on the part of some who have left col- 
lege has made this impossible. Elsewhere in this book will be found 
the names and addresses of those who have answered the question- 
naires sent out this year. If your name is not there or your address 
is incorrect, stop and consider when you last informed the school of 
your whereabouts before blaming the Editor for the omission or mis- 
take. 

During the past year many calls have been received at the 
school for experienced men to fill positions. Many of these have 
Q^ne unanswered because the school had no knowledge of the loca- 
tion of those who were in a position to accept the offer. This shows 
>'ow essential it is for you to keep in touch with the College of 

Forestry. 

49 



THE DEMONSTRATION FOREST AND THE STATE. 

ON another page announcement is made of such favorable prog- 
ress in the negotiations for a Demonstration Forest to be man- 
aged by the College of Forestry that the ownership of such a 
tract by the University is assured. It is therefore fitting that 
consideration should, at this time, be given to the question of what 
place this Forest should fill in the forest policy of the State. Last year 
we pointed out editorially that successful forestry must begin while 
large areas of forest remain uncut; that when the forests have all 
been removed it is too late to attack effectively the task of restoring 
to immediate productivity the vast cut over areas. Moreover, waiting 
until that time will fail to provide for the continuity of the lumber 
industry. 

It will be the self allotted task of the College of Forestry to 
demonstrate in the management of this tract two things: first, that 
on any similar forest area the output of forest products, and hence 
forest industry, can be made continuous and permanent ; second, that 
forests so handled constitute a profitable investment. 

It is calculated that from the stock of 1,700,000,000 feet of tim- 
ber that the tract is estimated to bear, not less than 30,000,000 feet of 
the saw timber can be cut annually so long as it is handled from the 
continuous production standpoint. In addition large quantities of 
smaller sized material can be taken out for pulpwood and similar 
uses. The average production in the lower slope type should be at 
least 600 feet B. M. per acre per annum besides thinnings, woods 
waste, etc. The total production will be sufficient to maintain in per- 
manent operation a sawmill of about 100,000 feet daily capacity and 
a pulpmill of 30 to 50 tons daily capacity. It is expected, however, 
that the product from the tract will be handled by existing operators. 

Since this is a tract of non-agricultural land its value to the 
State as a permanent producer of wealth depends as in the case of 
millions of acres elsewhere in the State on keeping the forest in 
producing condition, it is surely most important that production such 
as has been outlined should be kept continuous. 

Our timber resources are worth between 90 and 100 millions 
of dollars annually to the State. The present stand of timber is 
estimated to be something less than 400 billion feet and the annual 
cut about 5 billion feet. Surely something should be done to show 
that an industry of this importance can be made permanent. Studies 
of the rate of growth of our timber indicate that it is possible by 
careful forest management for the State to produce in perpetuity 
fully the amount of our annual cut on the non-agricultural lands 
through the means of scientific forest management on the basis of 
sustained annual yield. Prices of forest products are rapidly advanc- 

50 



ing and the further utilization of thinnings and woods and mill waste 
will very materially augment the importance of this great resource. 

This entire amount goes to capital and labor within the State; 
perhaps about 25% to the labor and capital directly concerned in 
the forest industry and fully 7.V < or more to other labor and capital 
throughout practically every avenue of the trade and industry of 
the State. 

It is one of the objects of the demonstration forest to show by 
actual demonstration how our forests can be made perpetual through 
forest management. The importance of the University's demonstra- 
tion forest in helping to solve some of the most important problems 
in the future economy of the State must be evident to all. It is not 
merely a question of the permanency of the forest industries, which 
are of basic importance, but also that the disbursements of this in- 
dustry to all the other industries of the State shall continue in the 
future as in the past, to furnish the life blood of the State's com- 
merce and agriculture. This, then, is the fundamental purpose of 
the demonstration forest to show the simple and practical methods 
of management which, if applied generally, will result in the per- 
petuation of our forests with all the economic interests dependent 
upon them. B. P. K. 



^ 




Courtesy West Coast Lumberman 
Map Showing Location of Demonstration Forest 



51 



OUR COLLEGE. 

DEVELOPMENT in the College of Forestry during the past year 
has been along the lines mentioned in previous Annuals. Be- 
lieving that the natural resources and the economic conditions 
of the State demand the very best work in forestry and lumber- 
ing, President Suzzallo has signified his intention to push the work in 
the College of Forestry ahead as rapidly as possible with the idea of 
giving Washington the very best school in the country. A good be- 
ginning toward this end has been made and the school is now far on 
the way toward possessing a physical equipment second to none. 

Equipment. 

While the Forest Products Laboratory has not yet been realized 
we are now quite certain that such a laboratory with a staff of high 
class research men will be ready before the close of the next bien- 
nium. Meanwhile we have added considerably to our equipment for 
work in this field, so that in addition to a well balanced collection of 
general apparatus we now have a complete plant for wood preserva- 
tion, a distillation plant of one-half cord capacity and a dry kiln of 
one-half carload capacity. The preservation plant consists of an open 
tank outfit of the most modern type large enough to handle railway 
ties, and a pressure plant with a twelve foot cylinder equipped so 
that it may be used for treating by any of the different processes in 
commercial use. The dry-kiln is of the most modern design and was 
installed this year as a gift from the North Coast Dry Kiln Company. 

Mention was made in the 1916 Annual that the negotiations for- 
th e purpose of securing a demonstration forest were coming to a 
head. We can now announce that the Forest Service has approved 
the selection by the State of the Pilchuck and Sultan watersheds, and 
that the legislature has passed a bill that will give the University 
title to this land in lieu of other lands the University holds. This tract 
was selected by the faculty of the College after a thorough investi- 
gation of all the possibilities and we believe that we have a tract that 
is ideal for the purpose. It is located in Snohomish County, about 
fifty miles from the campus, and comprises an area of about 67,000 
acres, containing a stand of over a billion and a half feet of merchant- 
able timber. In addition to this there is a great deal of second growth 
of varying age classes and also some burned over areas, thus giving 
us practically every condition for practice work in silviculture, men- 
suration, logging, and management. 

The uses to be made of the tract include (1) a field laboratory, 
(2) an experiment station, and (3) a demonstration forest. Perma- 
nent camps for a summer term for student practice work will be 
established in the near future. In connection with the summer camp 

52 






an effort will be made to pay the students for such work as they may 
do which can properly be charged against the management of the 
tract. The nature of the experiment station work will be largely 
along silvicultural lines in charge of a technical experiment station 
man. The use to be made of the forest for demonstration purposes 
will be designed to show what can be done in this State by intensive 
forest management, and how this work should be carried out. This 
question is discussed more fully elsewhere in this issue of the Annual. 

The securing of a forest of this type, large enough and all ready 
for immediate operation, has been possible only because the Univer- 
sity still has nearly 100,000 acres of its educational grant. It is safe 
to say, therefore, that it is beyond the bounds of any possibilities that 
any other forest school in the country will ever be able to control 
and manage such a magnificent field laboratory. With the demon- 
stration forest, the forest products laboratory, about seventy acres 
for an arboretum and seventy more in woodlot management right on 
the campus, the College of Forestry of the University of Washington 
will have a physical equipment far superior to that of any other 
school in the country. Prof. Kirkland, who as former supervisor of 
the Snoqualmie National Forest, is thoroughly familiar with the 
problems of forest management in this region, will have direct charge 
of the management of the school forests. He will spend a great deal 
of his time this summer and probably a part of the first semester of 
next year in conducting the examinations required to make the ex- 
change and the negotiations necessary to complete the University's 
title to the tract. 

The Faculty. 

All of the old members of the faculty will be with us again next 
year and present plans include the immediate addition of an instructor 
in Milling and Marketing and a graduate assistant, the latter to re- 
lieve Prof. Kirkland of some of his classes during the time he is look- 
ing after the land exchange in connection with the demonstration 
forest. As soon as operations begin on the demonstration forest, a 
resident supervisor, who will have direct charge of the work there 
and assist in instruction during the Short Course, should also be 
appointed. 

Enrollment 

Our enrollment has increased from a total of seventy-six last year, 
of whom fourteen were short course men, to eighty-five, of whom 
thirteen were enrolled in the short course. A special feature worthy 
of note is that every member of last year's Freshman class returned 

in September. 

Opportunities in Forestry. 

The depression in the lumber industry made the question of 
steady employment for all of our graduates appear somewhat dubious 
during the past year or two. With the recent improvement in busi- 
ness conditions in general there has, however, been a demand for men 
far in excess of our supply so that all the former graduates have been 

53 



placed in satisfactory positions and all of the present graduating 
class are already provided for. The opportunities for summer em- 
ployment also are exceptionally good, not only from the nature of 
the work being offered but also from the standpoint of remuneration. 
The chief difficulty is that we do not have enough men who are far 
enough along in the work to be able to fill the places. This condition 
is very indicative of the necessity of getting our summer camp at the 
College Forest established as soon as possible. One summer's train- 
ing at a camp of this kind will practically assure good jobs for the 
remaining summers during a student's attendance at the University. 

While exceptionally good opportunities are opening up in log- 
ging engineering and forest products work, the opportunities in the 
Forest Servjce for men with only a very general forest school train- 
ing are not as good as they were some years ago. Still there is even 
here ample opportunity for the right men. The work in the Service 
is becoming more and more specialized so that the Government is al- 
ways on the lookout for men with the kind of preparation that will 
fit them to do the more specialized work. 

The Curriculum. 

The present curriculum is working out very nicely and although 
it has shown us the line of development we should follow for 
further improvement it was thought best not to make any further 
changes at present in view of the fact that the University hopes to 
go on a four-term basis with a year round session in the not distant 
future. Such a scheme will enable us to put our work on the most 
efficient basis. One of the most important features of this change will 
be that it will allow us to arrange for a full period of almost five 
months of field work. H. W. 




The North Coast Dry Kiln 



54 






THE INTERCOLLEGIATE ASSOCIATION OF 
FORESTRY CLUBS. 

DONALD H. CLARK '17. 

THREE years ago, or to be more specific on May 15 and 16, 
1914, the Intercollegiate Association of Forestry Clubs was 
formed at Cornell University by eighteen student delegates 
from Forestry Clubs of the eastern and middle western forestry 
schools. The object of the Association as formed was to create interest 
in scientific forestry and to encourage good fellowship among the 
students of the different forestry schools. Eight Forestry Clubs 
are charter members, the membership having steadily increased 
until at the present time possibilities of further expansion are very 
small due to the limited number of forestry schools in this country. 
Of the twenty-six forestry schools in the United Sates and Canada 
eighteen are now members of the Association. Two of the remaining 
eight are the University of New Brunswick and the University of 
Toronto, these being unable to join at present on account of the 
fact that practically all of the forestry students are abroad in the 
service of their country. 

An organization of three years standing naturally has but little 
history; therefore the following brief summary will suffice for the 
history of the Association to date. In connection with the dedication 
of the new forestry building at Cornell University in the spring of 
1914, prominent foresters from all parts of the east and middle west 
met to participate in the ceremonies. Professor Walter Mulford, 
at that time teaching forestry at Cornell, suggested to the president 
of the Cornell Forestry Club that a conference be called of delegates 
from the forestry clubs of all of the eastern forestry schools. Acting 
on this suggestion the Cornell Forestry Club sent out the invitations, 
eighteen student delegates responding. The eight forestry clubs 
represented are the chater members. These clubs are Cornell 
University, Michigan Agricultural College, University of Michigan, 
Ohio State University, Pennsylvania State College, Syracuse Univer- 
sity, Yale Forest School and Mont Alto Forest Academy. A consti- 
tution was prepared, Cornell was elected as president school, the 
Secretary-Treasurer was to be elected by the University of Michigan 
foresters from among their own students, and Yale was to edit tin* 
official publication of the Association. 

The formation .of the Association was endorsed by all of the 
leading men present at an open meeting of the Society of American 
Foresters held during the Cornell convention. It was suggested at 
this time by B. E. Fernow that the Canadian Clubs be invited to 
join. Urgent invitations were extended to these clubs but they were 



unable to assume membership on account of the outbreak of the 
war. 

So much for the formation of the Association. Professor Mulford 
is well entitled to be called the "father" of the organization, as it 
was his suggestion that led to the assembling of the first convention. 

Following the convention, C. H. Guise was elected by Cornell 
as president of the Association; E. A. Gallup was selected by the 
Michigan foresters as the Secretary-Treasurer ; and C. J. Telf ord was 
elected by Yale as editor of the Association publication. This publi- 
cation never appeared, as after some correspondence in the matter 
it was decided that there were insufficient funds to publish a creditable 
journal. 

The University of Washington Forest Club joined the Association 
on March 31, 1915, A. C. Anderson being elected as the Vice-President. 
(Each Club is entitled to this representation upon assuming member- 
ship.) 

The Second Annual Convention was to have been held at the 
University of Michigan in the Spring of 1915, but they were unable 
to accommodate the convention on account of the fact that the Natural 
Science Building was uncompleted and the foresters scattered all 
over the campus. It was then decided to hold the convention at Yale 
on May 15 of that year, but Yale was also unable to entertain the 
convention at that time, so there was no convention held in 1915. 

Meanwhile the president of the Association, Cedric H. Guise, 
had resigned on April 27, 1915, and appointed Miles B. Haman of 
Cornell University to serve in his place. Haman held the office until 
the following convention, which was held at Ann Arbor, Michigan, 
on January 28 and 29, 1916. 

At this Second Annual Convention ten schools were represented 
by delegates or proxies, delegates from eight schools being present. 
The delegates present represented Cornell University, Yale, Syra- 
cuse, Michigan Agricultural College, Ohio State University, Univer- 
sity of California, University of Michigan and University of Wash- 
ington. The University of Washington delegate, was Donald Clark, 
ai that time president of the University of Washington Forest Club. 
He was sent as a representative of both the Washington Forest Club 
and of Xi Sigma Pi Honorary Forestry Fraternity, and held proxies 
from the Montana and Idaho Forestry Clubs. The main business of 
the convention was the thorough revision of the constitution, which 
was practically re-written. It was decided at that time that the 
publication of the Association would be one issue of the Forestry 
Quarterly, a movement which was never put into effect on account 
of the Forestry Quarterly merging with the Proceedings of the 
Society of American Foresters. 

It was also decided that conventions of the Association would 
be held annually and that it should be the policy of the Association 
to alternate meetings between the east and the west. For the purpose 
of facilitating the business of the Association it was decided that 
hereafter the President and the Secretary of the Association should 

56 



be elected from the same club, this club to be designated as the 
President Club of the Assocation and to be elected by ballot at each 
convention of the Association to serve until the next following con- 
vention. 

The University of Washington was elected as president club of 
the Association for 1916-17. The members of the Club elected as 
president Donald Clark, and as Secretary-Treasurer Timon Torkel- 
son. Jesmond Balmer was- elected as the Vice-President of the 
Association from the University of Washington Forest Club. 

During the year 1916-17 a strong effort was made to increase 
the membership of the Association. As a result of this policy there 
were eighteen member clubs at the close of the term, out of a total 
of 26 clubs in the United States and Canada. Two news letters were 
issued during the year by the president club, giving news of the 
various member clubs and information regarding membership and 
plans for the convention. 

THIRD ANNUAL CONVENTION 

10F 
THE INTERCOLLEGIATE ASSOCIATION OF FOREST CLUBS. 
At the Third Annual Convention, held at Seattle on March 1, 
and 3, 1917, eleven schools were represented by delegates, twelve 
Delegates being present. The schools represented were Yale, by 0. M. 
Porter ; University of Michigan, by W. F. Ramsdell ; Mont Alto Forest 
Academy, by B. F. Heintzleman ; University of Idaho, by R. N. Cun- 
ningham; University of Montana, by J. F. Brooks; University of 
California, by Ansel Hall; University of Missouri, by C. W. Herald, 
Jr. ; Syracuse University, by Edward Vail ; Pennsylvania State Col- 
lege, by Earl H. Zeller; Oregon Agricultural College, by Ben W. 
Schubert and Fred P. Cronemiller; and University of Washington, 
by Jesmond D. Balmer. 

On Thursday, March 1, the delegates met at Forestry Hall and 
were taken on a motor trip to the operations of the Colman Creosoting 
Co., the Schwager & Nettleton Mill, and the Washington Ship 
Building Corporation. Return to the University was made at noon, 
a group photograph of the delegates and the members of the Forest 
Club being taken on the rear steps of the old Forestry Building. At 
1 :00 p. m. a Douglas Fir Timber Testing demonstration was given 
in the U. S. Forest Service Timber Testing Laboratory on the campus. 
The test was conducted by Conrad W. Zimmerman, Engineer in 
Charge, who gave a prize of a box of cigars to the man who made 
the closest estimate of the maximum load which an 8 inch x 16 inch 
x 16 ft. Douglas Fir stringer would sustain. The winner was J. F. 
Brooks, delegate from the University of Montana Forest Club, whose 
guess was 90,000 Ibs. At 2:00 p. m. the main business session of the 
convention was held in the Forest Club office. Among the items 
of business considered was the matter of a publication of the Asso- 

Iiation. It was decided that the Association should issue an annual 
ublication to contain articles of interest to the member clubs and 
" 




58 



news notes; not to be a technical publication. The cost of the pub- 
lication as planned is to be borne largely by advertising, this adver- 
tising to be secured by the member clubs in an amount proportional 
to the number of members in each club. It was decided not to 
petition for junior membership in the Society of American Foresters, 
but that such membership would be very acceptable to members 
of the Association in case that action was taken by the Society 
opening membership to undergraduates in forestry schools. Reports 
were made by each of the delegates and by the Secretary-Treasurer. 

Following the business session dinner was served to the visiting 
delegates by the local chapter of Xi Sigma Pi, National Honorary 
Forestry Fraternity. 

In the evening an illustrated lecture was given in Forestry Hall 
by 0. P. M. Goss, Engineer for the West Coast Lumbermen's Asso- 
cation. The subject of the lecture was "Pacific Coast Timber and 
Its Uses. " 

A large part of the second day of the convention was spent in 
the city of Everett. Thru the kindness of the Northwest Fisheries 
Co a large motor boat was placed at the disposal of the Forest Club 
for the entire day, and sixty-five foresters eirbarked on the early 
morning cruise to the "city of smokestacks." Representatives of 
the Weyerhaeuser Timber Co. met the party at the dock and escorted 
them thru the huge electric sawmill operated by that company. 
Following the inspection of the sawmill lunch was served to the 
entire delegation at the company hotel. To complete the hospitality 
of the Weyerhaeuser Company their representatives escorted the 
party to the next point of interest, the plant of the Everett Pulp and 
Paper Co. The courtesy offered the party by the Weyerhaeuser 
Company was due to the generosity of Mr. George S. Long of Tacoma, 
the northwest representative of that concern. At the Everett Pulp 
and Paper Co. the party was divided into groups of ten, and the 
entire operation was inspected and explanation made by the guides 
furnished by the company. Re-embarking on the good ship Glovina 
the foresters returned to Seattle in time to attend a smoker given 
by the Washington Forest Club in honor of the visiting delegates. 
In addition to athletic events and refreshments the foresters enjoyed 
excellent talks by George Cornwall, editor of the Timberman, and 
Lewis Schwager of the Schwager & Nettleton Mill Co. 

- On the third and last day of the convention a motor trip was 
taken to the operation of the Cherry Valley Timber Co. at Stillwater. 
Washington, stopping on the way to view Snoqualmie Falls. 

After enjoying the excellent lunch served by the Cherry Valley 
Co. the delegation was loaded on a logging train and taken into the 
logging woods to see the operation of yarding by the "high-lead" 
system. Of no less interest to the party was the inspection of the 
model camp of the company, which is considered the best portable 
logging camp in the western portion of the United States. 

I The party started on the return to Seattle in ample time to change 
rom woods clothes to suitable attire for the farewell banquet at 
' 



the Washington Annex, but tire trouble delayed the expedition so 
that arrival at the hotel was delayed until 10:00 p. m., when the 
most unique banquet that has ever been held in Seattle was attended 
by sixty-five foresters in stag pants and cruising shirts, dirty, 
unshaven and in remarkably high spirits. President Clark 'served as 
toastmaster. and each of the delegates responded to the name of 
their school with an outline of the activities of the forestry club 
which they represented. 

Immediately following the banquet the final business session 
of the convention was held, reports were received from outstanding 
committees, and Yale was elected as the president club of the Asso- 
ciation for the 1917-18 term. 'No event in the history of the University 
of Washington Forest Club has been as pleasant and eventful as the 
opportunity to entertain these delegates from other schools of forestry, 
and our interest in the Association is in no way lessened by the fact 
that the next convention will be held in the east. Our delegates 
will be on hand at the Fourth Annual Convention, and at each suc- 
ceeding convention as long as the University of Washington Forest 
Club exists. 




Forest Club 



60 




THE ENGINEERS' OPEN HOUSE. 

V. S. POWERS, '18. 

THE honor of having the best exhibit at the Fourth Annual 
Engineers' Open House held by the departments of Engineer- 
ing, Mining, and Forestry on the University Campus March 29, 
was won for the third consecutive time by the College of For- 
estry. The decision this year was awarded by popular vote of all 
visitors attending. The public's conviction of the superiority of the 
Foresters' exhibit was demonstrated when a count of the votes cast 
showed that over one-half of the total number were in our favor, 
thereby placing^ the Foresters far in advance of the Civil Engineers 
who were the nearest competitors. 

The surprise that was manifested when the Foresters won in 
915 turned to intense rivalry when they won again in 1916. Be- 
use of a faculty decision to permit the Open IJouse only biennially 
the future, this spirit of rivalry was increased with the determina- 
ion that the Foresters should not win for the third time. However, 
he woodsmen made up what they lacked in numbers by hard work 
and spirited co-operation, and by working day and night they proved 
that they were capable of managing at least part of the forest re- 
sources of this country. 

In viewing the Foresters' exhibits the first point of interest was 
a model cruiser's camp located in the heart of a Douglas fir forest 
in front of the Forestry building. Before a cheerful camp fire was 
assembled a complete cooking outfit and in a tent nearby were to be 
seen hypsometers, aneroids, compasses and other instruments used 
in reconniassence work. To make the picture more realistic a camp- 
packer demonstrated the intricacies of the "diamond hitch" while 
packing and unpacking his outfit on a patient pack-horse. 

By following a wooded path into the building one saw the most 
up to date equipment in portable tents and beds for camp use in the 
woods. The articles which proved of most interest were the "El 
Commanche" combination tent, bed, and blankets, and a silk storm 
tent which w r eighed but two pounds. A fourteen piece folding, alum- 
nium cooking set of very light weight, attracted the attention of the 
lady visitors, and not a few of the men. 

In an adjoining room a large working erosion model gave a 
startling comparison of the erosion resisting properties of a forest 
covered area as compared with that of a non-forested area when both 
were subjected to a regular Puget Sound rain storm. This exhibit 
illustrated how the forests not only retain the humus and organic 
soil but also protect the mineral soil from erosion and regulate 
stream flow. 

Comprising another exhibit were various instruments used for 

61 



the detection and fighting of forest fires, also a complete dispaly of 
fire prevention signs, posters, trail signs, pictures and educational 
literature loaned through the courtesy of Mr. E. T. Allen, of the 
Western Forestry and Conservation Association, and the Forest Ser- 
vice offices in Portland and Seattle. 

On the second floor a rest room was fitted up for the convenience 
of weary travelers. Here were to be seen exhibits of forest products, 
specimens of woods of North and South America, cones and seeds 
of coniferous trees, and sections of timber illustrating the advantages 
of different methods used in treating wood with creosote. Permanent 
working models of the North Bend and MacFarlane logging systems 




Courtesy West Coast Lumberman 
Logging Scene at the Foresters' Exhibit 

were exhibited to illustrate the respective advantages of different 
methods of logging. 

The large auditorium downstairs had been transformed into an 
extensive forest area, interrupted here and there by a complete log- 
ging and milling operation. The shriek of engine whistles, the hiss 
of escaping steam, and the buzz of saws cutting through logs and 
shingle bolts added local color to the scene. This exhibit showed a 
forest under scientific management and operated on a sixty year ro- 
tation plan in order to maintain a continuous yield. By means of 
all the latest fire detection equipment such as lookout stations, helio- 
graphs, and portable telephones, the forest fire which burned at the 
base of a snow capped mountain was quickly detected and reported 
to the ranger station located in the valley. 

Actual logging operations were being carried on in the oldest 
age class by means of a minature Lidgerwood "Flying Machine," 
furnished by the Lidgerwood Mfg. Co., and a working model of a 
Washington "High Lead Donkey," which was loaned for the occa- 
sion by the Union Machinery and Supply Co. All operations of the 
high lead donkey were regulated by means of an electrically control- 
ed "Toots-E" steam whistle supplied by the Lovested Sales Com- 

62 



pany. Logs were transported by means of a flume and a small log- 
ging railroad from the yarders to the mill pond where a working 1 
model of the American Portable Saw Mill supplied by the Higgins 
Machinery Co., was in operation sawing the logs and shingle bolts 
into small slabs, which were stenciled " College of Forestry, U. of W. " 
and given as souvenirs to the visitors. 

The Forest Club office was converted into a model ranger's 
cabin in which were exhibited a complete array of tin dishes, cook- 
ing utensils, a Lang stove, and clothing suitable for wear in the 
woods. A collection of Darius Kinsey's beautiful forest scenes to- 
gether with appropriate fire signs and forest maps decorated the 
walls. 

The committee which had charge of this prize winning exhibit 
consisted of George Vetter, Victor Powers, Clarence Garrett, Sidney 
Robinson, Will Morgan and Wesley Roberts, Chairman. 



XI SIGMA PI 

THE national honorary forestry fraternity of Xi Sigma Pi was 
founded at the University of Washington, November 24, 1908. 
The purposes of the fraternity are to serve as a stimulus to 
scholarship and to offer an opportunity for closer fellowship 
among sincere Foresters. The progress of the organization since its 
inception has been rapid. The membership of Alpha Chapter, active 
alumni and associate, has increased to eighty-four with practically all 
of the alumni members located in the Northwest and engaged in For- 
estry or related industries. 

After having proved its worth as a local organization, the fra- 
ternity adopted measures permitting its expansion to other schools 
and as a result Beta Chapter was established at Michigan Agricul- 
tural College in the spring of 1916. Recent reports from this chapter 
indicate that the prospects for the future of the organization are 
very promising indeed. 

At the recent biennial convention of the fraternity held in Seattle, 
March 4th, the granting of a chapter at the forest school of the 
University of Maine was ratified. This, the Theta Chapter, was 
installed the sixteenth of April, 1917. Petitions from other forestry 
schools are now under consideration and will be acted upon before 
the next school year. It is thought that this expansion of the fra- 
ternity will allow a firmer and wider existence and enable the 
accomplishment of its ideals by bringing closer together the foresters 
of the different sections of the United States. 

Xi Sigma Pi is the oldest of the honorary forestry fraternities 
Alpha Chapter with the whole-hearted support that it receives from 
the active, faculty and alumni members feels that there is a field for 

Ich an organization especially in the larger forest schools, and invites 
vestigation by those interested. 
63 




Courtesy West Coast Lumberman 
The Forest Club Office 

FOREST CLUB 

AT THE close of its eighth year of existence the Forest Club still 
retains the distinction of being the livest organization on the 
Campus. This precedent has been sustained largely through 
the selection of men of action to fill the offices of the Club. The 
officers, however, can not do everything and the future success of the 
organization depends upon the support which the underclassmen give 
the new president and his staff. 

In reviewing the history of the Club it is interesting to note that 
the members who were the most active workers while in school have 
already become well known in the different branches of forestry and 
lumbering. If this can be taken as a criterion of the good which the 
club does for individual members, then its existence is more than 
justified and those students who do not enter into the activities of the 
organization are not only losing part of their education but are doing 
a great injustice to themselves. 

During the past year the Forest Club has been host to the "Short 
Horns" and the delegates to the Intercollegiate Association of Forest 
Clubs at smokers which have drawn capacity crowds. During the 
remainder of the season the Club will confine its social activities 
to Campus Day, Engineers and Foresters Dance, and the annual 

64 



banquet which will be held in June when the Seniors return from the 
field. 

The program committee has been fortunate in obtaining very able 
and interesting speakers to address the club during the past season, 
in spite of the urgent business demands which the lumbermen are 
required to meet at the present time. We are indebted to the following 
men who have sacrificed considerable time and expense in order to 
<ul dress the Club at its bi-weekly meetings. 

September 25 Dean Hugo Winkenwerder, Address of Welcome. Experi- 
ences by the Upper-classmen. Forest Club Miixer. 

October 10 Clark V. Savidge, Commissioner of Public Lands. "Public 
Lands and Forestry." 

October 24 Hon. Ralph Nichols, "The Value of Hog FueHn the Generation 
of Power." 

November 21. James O'Hearne, Logging Engineer, English Logging Co. 
"History of the High Lead in Logging." 

December 12 O. P. M. Goss, Engineer for the West Coast Lumbermen's 
Assn. "Treatment of Timber in Preserving and Air Drying of Ties." 

January 30. T. T. Munger, Investigation Dept. of Forest Service. "Scien- 
tific Management of our Forest Areas." 

February 6. R. A. Dailey, Secretary of the Pacific Coast Shippers' Assn. 
"The Wholesalers and Association's Side of the Lumber Industry." 

February 20. Clyde S. Martin, Logging Engineer for the Cherry Valley 
Timber Co. "Logging Engineering." 

March 2 Lewis Schwager, Pres. Schwager & Nettleton Mills. "Conditions 





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THE ELECTRIFIED MOUNTAIN ROUTE 

CHICAGO, MILWAUKEE & ST. PAUL RAILWAY 

For tickets, reservations, literature, etc., 
ask any Milwaukee Agent 



65 



in the Lumber Industry, a Report to the Federal Trade Commission." 
Geo. M. Cornwall, Editor of the Timberman. "Advertising in the 
Lumber Industry." 

March 13 R. M. Dyer, Washington Shipbuilding Corporation. "Construc- 
tion of Wooden Vessels." 



OFFICERS 



1916-17 



1917-18 



Pres., Fred H. Madigan. 
Vice-Pres., Timon J. Torkelson. 
Secy-Treas., Louis G. Stanton. 

Representatives on Executive 

Committee 
Vice-Pres., Timon J. Torkelson, 

Chairman. 

Senior, George W. O'Brien. 
Junior, Willis G. Corbitt. 
Sophomore, Arthur K. Roberts. 
Freshman, H. Percy Rowles. 



Pres., Jesmond D. Balmer. 
Vice-Pres., Victor S. Powers. 
Secy-Treas., H. Percy Rowles. 

Representatives on Executive 

Committee 
Vice-Pres., Victor S. Powers, 

Chairman. 

Senior, Wesley K. Roberts. 
Junior, Ernest C. Murphy. 
Sophomore, Will Morgan. 
Freshman, To be elected next year. 



SUGGESTIONS FROM ALUMNI 

Seattle, Wash., April 2, 1917. 
Dear Foresters: 

It has been almost fourteen months since I placed my feet under the 
"Wood Tech" table and distinguished a piece of fir from one of hemlock. 
During the intervening period many ideas which remained in confusion 
while in school have been correlated. As I have been requested to express 
my views in regard to the relation between the work in the school and 
outside, I have assembled several ideas which I consider stand out from 
among the rest. 

There is no need to speak of the value of a good technical training 
in this day and age. The extent to which it can be used and the value 
derived from it will of course depend upon local conditions and the good 
judgment exercised by the individual. I believe that I am safe in saying 
that there is niot a single course offered in the Forestry School which if 
taken will not prove helpful either directly or indirectly at some time. 

Another essential requirement that has been impressed upon me is 
the importance of system. The systematizing of all one's work in school 
will simplify and save unnecessary labor to such an extent that it will 
enable one to do more work with a great deal less effort. I have found it 
pays to have some definite plan for recording and keeping notes, especially 
if it is necessary to refer to them often. One can not realize how much 
more efficient his work will be until he has tried both methods. 

There is one opportunity for training at school which has always 
impressed me favorably and that is along the line of student activities. I 
believe it would be helpful for each student to enter into some one activity 
outside of the Forestry School and hanidle it to the best of his ability. 

I do not mean to imply that he should engage in too many enter- 
prises and let his school work suffer for such action would not only be fool- 
ish but entirely unnecessary. But what I do believe will be beneficial is 
the acquiring of ability to handle some new proposition, and having suc- 
ceeded, to feel that something has been accomplished. Of course good 
judgment should be used in matters of this kind as too much time spent 
in this way is worse than none at all. 

There is very little to be said about my work since leaving school. I 
have been in the field most of the time but for the last four months my 
work has been in the Seattle office of the James D. Lacey Co. I have found 
this firm very considerate indeed to a man just out of school. 

It is very gratifying to note the interest taken by Dr. Suzzallo, who 

66 



Stetson-Ross Machine Works 



Pacific Coast Builders 

of 
Woodworking Machinery 



Seattle, IJ. S. A. 



Colman Creosoting Works 

THE J. M. COLMAN COMPANY 

SEATTLE, WASHINGTON 



CREOSOTED PILES 
TIMBER AND TIES 



PLANT LOCATED AT: 

Railroad Ave. and 27th Ave. S. W., Seattle, Wash. 



with the co-operation of the faculty, students and alumni, is making Wash- 
ington the foremost of all Forest Schools in the country. 

Any time that I can be of assistance in any way I want you to feel at 
liberty to call on me. 

Sincerely, 

HAROLD G. FORAN. 
626 Henry Building. 



Hoquiam, Wash., April 15, 1917. 
College of Forestry, 

University of Washington. 
Dear Fellow Foresters: 

Having attended the forestry school during one short course term, I 
desire to express by appreciation for what it has done for me in the way 
of broadening my views on the different phases of the lumber industry. 

I have found that generally the first question asked about the Forestry 
school is, "What are they doing there and what do you think of the school?" 
You that are in school know the answer to the first part of the question 
but the other part can be answered in several ways. My own opinion is 
that any studious person, even though of broad experience, who takes the 
short course in forestry with the idea of learning something new will be 
convinced that the time spent there was not thrown away. As a rule the 
average man in business does not have time to make a detailed technical 
study of the work in which he is engaged. He gets only the practical 
ideas with the knowledge that if he does certain things he will get certain 
results. Why? He does not know. The knowledge of why he gets results 
may not appear important at first thought; but that is what will enable 
him to carry on other experiments successfully. 

In taking the short course in forestry I found that the student had 
access to the works of prominent men who have spent years in studying 
the lumber business and are therefore qualified to be considered as authori- 
ties upon the subject of lumbering. By having these references at hand 
after leaving school I believe one will be better equipped to handle, in an 
intelligent manner, the problems which will come before him daily. 

The work as I found it was outlined so that any one capable of reading 
and writing would have no trouble in handling it. The only critictism 
which I have to offer is that the course is made too simple and does not 
require enough study to master it. This may not be true for all students 
however. 

In conclusion I would like to suggest that any young man who is fol- 
lowing and studying the lumber industry will not make a mistake by giving 
some of his time to technical study. 

Yours very truly, 

C. R. BEAL. 



Ketchikan, Alaska, March 12, 1917. 
Dear Fellow Foresters: 

Perhaps the boys will be interested in knowing that I am now assigned 
to the Tongass Forest with headquarters at Ketchikan. 

One finds the forest work in Alaska very different from that of the 
States though carrying out the same policies. Not only is the work differ- 
ent in accomplishment but because of adverse conditions it is often exceed- 
ingly exacting. In spite of all this and the area of some fifteen times the 
average Forest of the States, five Rangers, a Clerk, Examiner, Deputy and 
Supervisor administer the Forest and turn out the work that would make 
many a more favorably located Forest force hustle to accomplish. In spite 
of the drawbacks there are some compensating factors that make the work 
more interesting here than in some other Forests. 

Very sincerely, 

KAN SMITH, Sp. '12, 

Forest Examiner. 

68 



The CLYDE 

System of Logging 

has been applied successfully in the woods 
of Washington. Send for a free copy of 
our magazine "LOGGING" for May, 1916, 
and learn the full facts. 



The essential difference between the 
CLYDE system and others is that non-pro- 
ductive time time used in moving and set- 
ting machines or in bringing logs further 
than necessary rather than make new sets- 
is reduced to the practical minimum where 
Quick-Moving Clydes are used. 



CLYDE IRON WORKS 

Duluth, Minnesota, U. S. A. 



Portland, Oregon. 

(J. M. Meany, Branch Mgr.) 

395 N. 18th St. 



69 



TIME TABLE FOR FORESTERS' TRIP TO SNO- 

QUALMIE FALLS AND CHERRY VALLEY 

LOGGING CO. CAMP. 

A. M. 

9:15 Sixty-nine Foresters crowd into three "Greyhounds" and two pri- 
vate cars. 

9:30 Take rubberneck trip over Interlaken Blvd. to Madison Park. 
9:45 Slow up for ferry landing at the park. 
9:47 Don Clark hot handed for "rough housing." 

9:50 Foresters receive blessing from Salvation Army representative. 
9:55 The Dean pulls Linkletter comedy. 
10:00 Ferryboat Lincoln receives crowd. 
.10:05 Browning and Clark pass the collection plate. 
1O:10 Corbitt and Rowles clash in one round bout. 
10:15 Freshman with hobnailed boots kicked off upper decks. 
10:25 Kirkland reached. (Note Prof. Kirkland does not claim this 

town as a namesake.) 

10:35 Engine in one "Greyhound" dies. Curses and tears. 
10:40 Hugo W. comments on beautiful stand of second growth fir. 
10:50 Redmond reached; bunch gets free cigarettes. 
10:55 Hog in middle of road delays traffic. 
11:30 Snowball bombardment by Clark at Falls City. 
11:35 One board foot of Real Tobacco Chew and ten linear feet of 

licorice cable purchased to exercise jaws before dinner. 
11:40 "Photoged" by Filloon. 
12:00 Beautiful (?) Snoqualmie Falls viewed. 
P. M. 
12:05 i O'Brien estimates amount of water going over Falls equal to one 

gallon per second. 

12:20 Rough roads and empty stomachs keep bunch quiet. 
12:35 Two minutes stop in Tolt. 

12:50 Leave highway at Stillwater for Cherry Valley Logging Co. Camp. 
1:00 Camp No. 1 reached. Boys look for Cook House. 
1:1O Brief inspection of machine shops and filer's cabin. 
1:20 Mad rush for cook house when flunkey plays on chimes. 
1:30 Everybody tastes of the fifty-seven varieties of food. 
1:45 Durland and Cameron exceed Oass for having greatest cubical 

contents. 

1:47 Cooks declare that sixty-nine Foresters ate more than one-hun- 
dred loggers. 
2:00 Fellows visit bunk houses and hate to leave because they are so 

home like. 

2:25 Board "string of flats" for model Camp No. 3. 
2:45 Camp reached. Van Wickle makes a bee line for cook car. 
2:47 Van reappears with pie in, on and around mouth. 
3:00 High lead logging operations inspected. 

3:15 Madigan interprets "Chokerman's" language for benefit of dele- 
gates. 

3:30 Fred leads small bunch on four mile hike back to Camp No. 1 
3:45 Part of crowd inspects camp cars while the rest visit North Bend 

System of logging. 

_3:55 Movie man includes Foresters with real loggers in motion pictures. 
(Note: This film was censored because Young was mis- 
taken for a German spy hiding behind a red mustache.) 
4: 2O Don loads his collection of conks on one flat car leaving others 
for use of bunch. 

70 



iiiiiiimiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiBiiiiiiiiiiiiiiiiinii' 

( LOGGER'S I 

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SIGNAL WHISTLE j 

I Type "E"-"TOOTS-E" I 



The Log Scoots 
TOOTS*-!" Toots! 



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ing the Logger's Electric | 

Steam Signal Whistle. ~; 

Your STEAM whistle ELEC- I 

TRICALLY operated! | 

Adapted to Yarding or :; 

Roading. Let us prove that | 

this will mean for YOU more | 

logs per day with the same 

force. | 

There will be no more stringing of 5 

jerk wire when you have installed E 

this electric whistle just lay the 

signal cable anywhere, and it is 5 

ready for immediate service. ; 

Write us today :'. 

| C. M. LOVSTED & CO. I 

E Manufacturers ~ 

= 704 Alaska Bldg., Seattle, Wash. ^ 

E Phone Elliott 2945 r: 

= Western Sales Department ~ 

E Malleable and Steel Car Castings, Journal Box'es, r 

= Steel Car Wheels, Frogs and Switches ''-. 

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Miiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiimiiiiiiiiiimiii 

71 




4:30 War breaks out between faction on speeding train. Snowballs 
fly thick and fast. 

4:37 "Au revoir" Martin. Head for Seattle. 

5:00 "Tork" delays cars while buying a stick of gum in Tolt. 

5:15 Blowout in tire, no stop. 

5:3O Demountable rim flies off wheel and follows auto. 

5:50 Another blowout; rear tire flat, extra tire locked up, key in ma- 
chine half a mile ahead. 

5:53 Campfire concert. Violin solo by Clark. 

5:54 Durland hothanded for tryin to sing. 
_6:OO Songs and near songs; in chorus, duets, quartets and solos. 

6:10 On the road again. 

6:20 Another blowout. ?!*(") ?&$. 

6:22 Campfire started. 

6:30 Revival services opened by choirmaster Don who, thinking of the 
banquet starts "When the Roll is Call down Yonder." 

6:35 Somebody starts "Throw out the Towline, We've Blowouts Today." 

6:45 Passing auto parties mistake us for highway robbers. 

7:00 Stage driver repairs tires after taking off rear wheel and removing 
axle from machine. 

7:10 Clark receives hurry up call by special auto messenger from Red- 
mond. 

7:20 Greyhounds start for Redmond at thirty-five mile clip. 

7.27 Blowout in front tire, machine skids off road. 

7:30 Twenty-one Foresters drape themselves over "Greyhound" and 
ride into town, unfortunate ones walk. 

7:40 Dean takes refuge in a hall. 

8:10 One machine leaves for Kirkland with twenty-three passengers. 

8:40 Crowd assembles in drug store to wait fof* ferry. 

8:45 Clark and Eldridge raid bakery and return with pies and cake. 

9:00 Last of delegation roll in from Redmond with disabled car. 

9:15 Embark on quiet trip across Lake Washington, no blowouts ex- 
cept in exhaust pipe of ferry engine. 

9:40 Start on roundabout way to reach town. 
1O:15 Enter banquet hall at Washington Annex in stag shirts, old pants 

and high boots. 

10:16 Vail from Syracuse appears in full dress suit. 
10:17 Vail swaps tuxedo for stag shirt with "Wes" Roberts. 
10:20 Hungry woodsmen start on "Preliminary Work of Timber Survey." 
10:30 Full faces and forks photographed by Filloon. 
11:00 Meal slows up when "Tough work of Cruising" begins. 
11:15 "Wes" slips Times reporter big feature story about banquet. 
11:30 "Bull Cook" Madigan drifts in dolled up in waiters togs. 
11:45 Warm toast (s) served by "Surveying Crew" (composed of the 

delegates. 

12:00 "Unique Banquet" referred to for the twentieth time. 
A. M. 

12:30 Discovered that the Dean always chews the wrong end of his cigar. 
12:40 "For he's a Jolly Good Fellow." 

1:00 Waiters anxious to clear table. 

1:10 Heintzleman described the rainy climate of Oregon. 

1:18 Zeller's concrete toothpicks were barred from use. 

1:30 Farewell to delegates. 

1:40 Jitneys bought for the night. 

2:30 Less fortunate get Owl car. 

3:OO Dead to the world, z-z-z-z-z z. 

Timekeeper: A. K. Roberts. 
Recorder: W. G. Corbitt. 



LIDGERWOOD 



H 

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SKIDDERS 



The World's Standard for Quality and Duty 




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NEW YORK 



63-65 Columbia Street, Seattle, Wash. 

CHICAGO NEW ORLEANS SAN FRANCISCO 



THE FACULTY OF THE COLLEGE OF FORESTRY. 

Suzzallo, Henry, Ph. D. (Columbia), President. 

Wiiikenwerder, Hugo A., B. S. (Wisconsin), M. F. (Yale), Dean. 

Kirk in ml, Burt P., A. B. (Cornell), Associate Professor of Forestry (Management). 

Clark, Elias T., M. F. (Yale), Assistant Professor of Forestry (Logging Engi- 
neering). 

Grondal, Bror L,., 4. B. (Bethany College), M. S. F. (Washington), Assistant 
Professor of Forestry (Products). 

Newton, Charles E., E. M. (Michigan College of Mines), Assistant Professor of 
Civil Engineering. 

Zimmerman, Conrad W., A. B. (Washington), Lecturer in Timber Physics. 

\Hson Li. A., Forest Service Expert Lumberman, Instructor in Scaling. 

Kincald, Trevor, A. M. (Washington), Professor of Zoology. 

Benson, Henry K., Ph. D. (Columbia), Professor of Industrial Chemistry. 

Wilson, George S., B. S. (Nebraska), Associate Professor of Mechanical Engin- 
eering. 

Gavett, George I., B. S., C. E. (Michigan), Assistant Professor of Mathematics. 

Berglund, Abraham, Ph. D. (Columbia), Assistant Professor of Economics. 

1 1 oison. John W., Ph. D. (Harvard), Assistant Professor of Botany. 

Culver, Harold E., Ph. D. (Wisconsin), Assistant Professor of Geology. 

Hall, David C., M. D. (Chicago), University Health Officer and Director of Phy- 
sical Education for Men. 

Roloff, Walter 'E., Ph. D. (Wisconsin), Instructor in German. 

Lester, Horace H., Ph. D. (Princeton), Instructor in Physics. 

ALUMNI AND EX-STUDENTS. 

The following list of alumni and ex-students is by no means com- 
plete, owing to our inability to keep track of former students without 
receiving co-operation from them. Additions and corrections at any 
time will be appreciated as we desire to keep a complete and accurate 
list of those who have attended this school. The information following 
each name is arranged in the following order : (1) year, (2) degree, 
(3) permanent address, (4) present occupation or name of firm asso- 
ciated with, (5) present address. Where only one address is given it 
is both permanent and present. 

Anderson, Clarence, '12, B. S. F.; Xi Sigma Pi; 4229 Pasadena Place, Seattle; 

Forest Ranger, Snoqualmie Forest. 806 Securities Bldg., Seattle. 
Anderson, Lee N., Ex. '17; From University of Nebraska '14; 4323 Sunnyside 

Ave., Seattle. 
Ballard, Dean D., Ex. '12; Xi Sigma Pi. A3-1208 10 Ave. W., Seattle. Puget Sound 

Stevedoring Co., 210 Grand Trunk Dock, Seattle. 

Beard, Frank W., 15, B. S. F.; Xi Sigma Pi. From University of Minn., Minneapo- 
lis, Minn. (Present Address Unknown). 
Bevan, Arthur, Ex. '17; Xi Sigma Pi. Forest Branch, Victoria, B. C. Sapper 

No. 505,821, Tunneling Section Canadian Engineer's Training Depot, Crow- 

burrough, Sussex, England. 
Blllingslea, J. H. Jr., 14, B. S.; Xi Sigma Pi. Westminster, Md. Forest Ranger, 

Springerville, Arizona. 
Bloom, Adolph, Ex. '16, Dept. of Contracts, Weyerhaeuser Timber Co., Tacoma. 

Wash. 
Bonney, Parker S., '13, M. S. F.; Xi Sigma Pi. Forest Branch Victoria, B. C. 

Sub-Lieut. H. M. S. Hermonie, South Hampton, England. 
Brady, Chas. C., Ex. 18. 2337 E. 7 Ave., Long Beach, Cal. Bellridge Oil Co., 

Camp No. 2, McKittrick, Cal. 

Brinkley, Joseph A., '11, B. S. F. Xi Sigma Pi. Forest Ranger, Bend. Ore. 
Broxon, Donald R., '16, B. S.; Xi Sigma Pi. From University of Cal. Boise, 

Idaho. Sealer, Boise Payette Lumber Co., Cascade Falls. Idaho. 
Brown, Edward, Ex. '15. From Penn. State College. Teacher, Wilk^s-barri 

High School. At present with Penn. National Guards, Mexican Border. 
Harris, Michael M., '15, B. S. F.: Xi. Sigma PI. 165 Hartford Ave., New Britain, 

Conn. New Britain Park Commission. 
Cahill, W. S., Ex. '13; Xi Sigma Pi. 4532 18 Ave. N. E., Seattle. Mgr. Smith Cove 

Terminal, Seattle Port Commission, Seattle, Wash. 
Caywood, Noal F., 13, B. S. F.: Xi Sigma Pi. 1305 Harrison St., Everett, Wash. 

Cruiser U. S. Land Office, Helena. Mont. 
Cook. Arthnr F.. Ex. '15: Xi Sigma Pi. 1604 E. Harrison St., Seattle. County 

Engineers Office, Portland, Ore. 

Coyle, "William J., Ex. 'IS. Ford Motor Co., Detroit, Mich. 
De Camp, I^ee R., Ex. '14. Xi Sigma Pi. Pamona, Cal. Forest Ranger, Hot 

Springs, Cal. 

74 




High Speed Planer Knives, 

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KNIVES MADE TO ANY 

PATTERN ON SHORT 

NOTICE 

Self-Hardening High Speed 
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Emery Wheels for all Classes 
of Work 

Planer, Band and Circular 
Filers Furnished 



MILLMEN are asked to re- 
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to be of immediate service to 
them in the equipment of their 
plants to the highest degree of 
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Sl2 l / 2 1st Ave. So. 
Seattle, Wash. 
Main 3206 



HERCULES 

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ROPE 

Logging Supplies 
Quick Shipments 

Contractors Equipment Company 

542 FIRST AVENUE SO., SEATTLE 



75 



Douglas, R. W., '12, M. S. F.; (A. B. Univ. of Mich.) Forest Clerk, Prineville, Ore. 
Durluiid, C. A., Ex. '14. 903 Norfolk Ave., Norfolk, Neb. Norfolk Building and 

Loan Association. 
Duriee, Harold A., 'l, B. S. Xi Sigma Pi. Hollywood, Gal. T. A. Kelly Logging 

and Lumber Co., Atli Inlet, Queen Charlotte Islands, B. C. 
Ericson, Oliver F., '13, M. S. F.; (A. B. Bethany College, Kansas). Xi Sigma Pi. 

< orest .Examiner, Medf ord, Oregon. 
Escher, Wiley E., '41, B. S. F.; Xi Sigma Pi. 2317^ N. 45th St., Seattle. Instructor 

in Manual Training, Queen Anne iigh School, Seattle. 
Evans, Win. Vincent, '15, B. S.; Xi Sigrna Pi. Livingston, Montana, Grazing 

Asst. Department of Agriculture. 
Faulkner, itaipu B., '!, B. S.; Xi Sigma Pi. 105 E. 5th St., Aberdeen, Wash. 

Western Milling Co., Aberdeen, "Wash. 
Field, J\ewton, ii,x. '14. Arlington, Wash. Logging Engineer, Ebey Logging Co., 

Arlington, Wash. 
Fisher, David M., Ex. '14. Material Clerk, Snoqualmie Falls Lumber Co., Sno- 

qualmie Falls, Wash. 
Foran, Harold G., '16, B. S. 1627 Belmont Ave., Seattle. Computing Dept. J. D. 

Lacey Co., 626 Henry Bldg., Seattle. 
Garvey," C. Ross, '14, M. S. F.^ B. S. *'. (Mich. Agric. College), Xi Sigma Pi. 644 

29 St. Milwaukee, Wis. Forest Asst. at Large U. S. Indian Service, Cush- 

man Indian School, Tacoma, Wash. 

Gibson, Edward B., Ex. '13; Xi Sigma Pi. East Sound, Wash. U. S. Reclama- 
tion Service, Meadow Creek, Wash. 
Gilbert, George W., '14, B. S. F.; Xi Sigma Pi. 1510 Ravenna Blvd., Seattle. 

Everett Lumber Co., Tulalip, Wash. 
Graham, Paul, '13, B. S. F.; Alamosa, Colorado. Yard Mgr. Graham Lumber Co., 

Alamosa, Colo. 
Greider, Claude E., Ex. '13; Xi Sigma Pi. Multnomah Club, Portland, Ore. Forest 

Service Branch of Products, Beck Bldg., Portland, Ore. 
Grondal, Bror L., '12, M. S. F.; (A. B. Bethany College), Xi Sigma Pi. 5418 5th 

Ave. N. E., Seattle. Assistant Professor, College of Forestry, University of 

Washington, Seattle. 
Gustafsou, R. R., Ex. '12. 5519 35th Ave. N. E., Seattle. Ravenna Lumber Co. 

Seattle. 
Hanxlik, Edward J., '12, B. S. F.; Xi Sigma Pi. 115 Hancock Ave., Olympia, 

Wash. Forest Examiner, Olympic Forest, Olympia, Wash. 
Harmelling, H. '12; Xi Sigma Pi. Atty, at Law, 37 Hopkins Bldg., Bakersfield, 

Cal. 
Harpham, Everett E., Ex. M4; Xi Sigma Pi. Olympia, Wash. Sealer Forest 

Service, Sequim, Wash. 
Hedlund, D. A., Ex. 12, B. S. in C. E. 815 S. Lincoln St., Spokane, Wash. Secy- 

Treas. Hedlund Box & Shingle Co., Sp'okane, Wash. 

Hobi, Frank 1)., Ex. '17. Cosmopolis, Wash. Willapa Logging and Timber Co. 
Hutton, George W., M3, B. S. F.; M. F. (Yale), Xi Sigma Pi. Olympia, Wash. 

Forest Examiner, Olympic Forest, Olympia, Wash. 
Hutton, James F., '16, B. S.j Xi Sigma Pi. 755 Pettygrove St., Portland, Ore. 

Ranger Olympic Forest, Olympia, Wash. 
Jackson, Alexander G., '09, M. S. F.; (A. B., Syracuse). Forest Examiner, Beck 

Bldg., Portland, Ore. 
Jacobsou, William H., Ex. '18; 969 21st Ave., Seattle. Puget Sound Traction, 

Light & Power Co. 
Johnson, H. M., '1O, M. S. F.; (B. S., Univ. of Cal.) 455 W. 12th Ave., Eugene, Ore. 

Forest Examiner. Suislaw Forest, Eugene, Ore. 
Keith, Benjamin C., '11, B. S. F.; Xi Sigma Pi. Inspector, Northwestern Mutual 

Fire Assn., Centralia, Wash. 
Klobucher, Frank J., '14, B. S. F.; M. F. (Yale), Xi Sigma Pi. Opportunity, 

Wash. Forest Asst. Flathead Forest, Missoula, Mont. 
Laugdell, Louis, '13, B. S. F.; A. B. (Dartmouth). Care of Neas Timber Co., 

Seaside,' Ore. 

Larson, Louis K., '13, A. B.; Xi Sigma Pi. 3102 N. 30 St., Tacoma, Wash. 
Leve, W T alter H., '12, B. S. F.; Forest Examiner, Beck Bldg., Portland, Ore. 
>Iacaulay, Norman G., '14, B. S. F.; Deming, Wash. Forest Ranger, Deming, Wash. 
Martin, G. Hamilton, '13, B. S. F.; Xi Sigma P. 1629 Cincinnati St., Spokane, Wash. 

Instructor, Wash. State College, Pullman; at present at Harvard University. 

378 Harvard Ave., Cambridge, Mass. 

McDou^al, Edmond H., Ex. '17. 218 Victoria, Ave., Edmonton, Canada. 
McGillicnddy, C. O., Ex. '15. Aberdeen, Wash. Poison Logging Co., Hoquiam. 

Wash. 

McKibbon, Vinton M., Ex. '12. (Address wanted). 

Monks, Howard I., '14, B. S. F.; Xi Sigma Pi. Bonners Ferry, Idaho. Richard- 
son & Monks, Hardware & Groceries, Bonners Ferry, Idaho. 
Morgan, Joseph G. G., '13, B. S. F.; Xi Sigma Pi. 424 Belmon Ave. N., Seattle. 

Logging Engineer, Danaher Logging Co., Darrington, Wash. 
Mueller, Moritz L., '14, B. S. F., Xi Sigma Pi. 1816 E. 65 St., Seattle. Timber 

Appraiser Lumberman's Trust Co.. Portland, Ore. 
Murnen, Edgar J. '13, B. S. F.; Xi Sigma Pi. 1810 E. Republican St., Seattle. 

Supt. Logging Contracts, Weyerhaeuser Timber Co. 1810 E. Republican St., 

Seattle. 
Odell, "Walter T., Ex. '12: A. B. (Princeton '06). Engineer, Tompkins Cove, 

N. Y. Learning Aviation. 

Ottestad, Justin W., '12, B. S. F.; Xi Sigma Pi. Blaine, Wash. Assistant Mana- 
ger C. C. Mengel & Co. Axim, Gold Coast, Africa, (Mahogany logging). 
Pope, Clarence R., '08, B. S. '11, M. S. F.; Hoxie, Kans. Logging Engineer North 

Western Lumber Co., Hoquiam, Wash. 

76 



fUiiiiiimiimiiiBimmiiiiimimim mum mm " mm iiiiiiiiiiiiiiimmt 

i i 

I 

i 

= mmm 




- CLASS "C" LOCOMOTIVE WITH WALSCHAERT VALVE MOTION 

j Climax Geared Locomotives 

| CLIMAX MANUFACTURING CO. 

| COBBY, PA. 

E Our Class "A" locomotive ranges from twelve to twenty-two ton. 

E This weight is carried on two trucks, with a truck wheel base of 

~ forty-six inches. It will work successfully on wooden track, with 

~ special wheels, although steel rails are preferable. This type has 

TZ. two speeds, which are controlled by a lever operated by the engi- 

E neer, and can be changed while the locomotive is in motion. This 

E style used for light logging, contractors' work, and switching 

^ around factories. 

IT Our Class "B* locomotive has two trucks, and in design is the 

E same as Class "C," as shown in cut, without the third truck, and 

E ranges in sizes from twenty-two tons to sixty tons, the latter 

E having Walschaert Valve motion. 

Our Class "C" locomotive, as shown above, with Walschaert valve 

E motion, in sizes from seventy to one hundred tons. This locomo- 

~ tive has three trucks, making twelve positive drivers, power being 

~ applied to the center of each axle, and the trucks being connected 

E by longitudinal shafts and universal couplings, making it easy on 

E sharp curves, and gives the greatest tractive effort possible. 



Full Line of 

Locomotive Supplies and CLIMAX Extras 
carried by Pacific Coast Branch 



E Catalogue and list of users sent upon application to Corry, Pennsylvania, or 

I>. M. MILLER, Pacific Coast Representatives, 67 Columbia St., Seattle, Wash. E 

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77 



Rafinski. Clement J., Ex. '18. 506 E. Daniel St., Champaign, 111. Student, Uni- 
versity of 111., Champaigne, 111. 
Redman, Kenneth, Ex. '13. Xi Sigma Pi. Boston Mass. Supt. Vancouver Creo- 

soting Co., Vancouver, B. C. 
Rengstorff, Ervin H., '15, B. S.; '16 M. S. F.; Enumclaw, Wash. Logging Engineer, 

Mason Co. Logging Co. 
Russel, Joseph P., Ex. '17. Logging Engineer Sound Timber Co., Darrington, 

Wash. 
Schmaelzle, Karl J., Ex. '15; Xi Sigma Pi. 109 6th St., Charleston, 111. Treating 

Engineer, Santa Fe R. R. Tie Plant, Albuquerque, New Mexico. 
Schmitz, Henry, >15, B. S.; '16, M. S.; Xi Sigma Pi. Sigma Xi. 4503 17th Ave. 

N. E., Seattle. Student Shaw Botanical Gardens, St .Louis, Mo. 
Schnider, Isaac, '14 B. S.; M. S. F. '15. On chicken ranch, Tacoma, Wash. 
Schoeller, J. Dlehl, '13, B. S. F.; Xi Sigma Pi. 2632 Kenwood Ave., Los Angeles, 

Cal., Asst. State Forester, Cal. State Board of Forestry, Sacramento, Cal 
Schoenfeld, Wm.. Ex. '12. 2657 -W. 87 St., Seattle. Post Office Clerk. Ballard 

Station, Seattle. Wash. 

Stamm, Samuel A., '12, M. S. F r ; (B. S., Ohio Northern), Xi Sigma Pi. Logging- 
Engineer, Hamilton Logging Co., Hamilton, Wash. 

Stephens, James T., Ex. '17. Student Oregon Agric. College, Corvallis, Ore. 
Sternberg, Henry B., '15, B. S. F.; Xi Sigma Pi. Colorado Springs, Colo. Engineer- 
ing Dept. Hammond Lumber Co., Oak Point, Wash. 
Stinson, Henry C., '14, B. S. F.; Xi Sigma Pi. R. F. D. No. 1 Box 94 J., San Diego, 

Cal. Engineer Arizona Eastern R. R., Phoenix, Arizona. 
Stuart, Philip A., '14; Xi Sigma P. 3835 Ashworth Ave., Seattle. Bryant Lumber 

Co., Seattle. 
Studley, J. Donald, '16, B. S.; Xi Sigma Pi 4820 42nd Ave. S., Seattle Instructor 

in Science Granite Falls High School, Granite Falls, Wash. 

Snndholm, Frederick O., Ex. '18. Bellingham, Wash. 4813 Fremont Ave., Seatt'e. 
Thomas, James M., Ex. '18. 973 22 Ave., Seattle. Seattle Construction and Dry 

Dock Co. /Seattle. 

Thompson, George W., '15; Xi Sigma Pi. Hammond Lumber Co., Oak Point, Wash. 
Treeii, Lewis A., '11, B. S. F.; Xi Sigma Pi. 9027 Evanston Ave., Seattle. Acting 

Forest Supervisor Snoqualmie Forest, 806 Securities Bldg., Seattle. 
Waterhouse. Frank G., Ex. '16. 1103 Spaulding Bldg., Portland, Ore Waterhous 

Real Estate & Timber Co. 
"Watson, Russell, '15, B. S.; Xi Sigma Pi. 8th and Lake Drive, White Bear Lake, 

Minn. Instructor, School of Forestry Univ. of Michigan. 339 S. Division St., 

Ann Arbor, Mich. 
Welch, Arthur E., '14. B. S. F.; Xi Sigma Pi. Hobart, N. Y. Asst. Yard Mgr. 

Boise Payette Lumber Co.. American Falls. Idaho. 
Westerners, Josh. Fredrick. '16, B. S. Mill Valley, Cal. With Jesse Lasky 

Feature Play Co.. in photographic department. 
White, R. F., Ex. '12t Xi Sigma Pi. 7165 Alki Ave.. Seattle. Asst. Yard Foreman 

Schwager & Nettleton Mills, 26th Ave. S. W. and Florida St., Seattle 
Whltehcad. G. A. ^x. '12. District Ranger, Olympic Forest Quilcene Wpsh 
Whitney, Wendell, Ex. '12. Xi Sigma Pi. La Conner, Wash. Secy.-Treas Tillin- 

erast Seed Co.. La Conner. Wash. 
Williams, J. S., '1^. B. S.; Xi Sigma Pi. 1726 Harvard Ave. Seattle. v* st 

Pecv. Shingle Branch West Coast Lumbermen's Assn., 426 Henry Bids 1 

Seattle. 
Wrlrrht. Newell !>., '18, B. S, F.t Xi Sigma Pi. Bellingham, Wash. Mgr L B 

Menefee Lumber Co.. Box 30. North Portland. Ore. 
Vou. J. Arthur. '16, B. S-- 4213 y> 1 4 Ave. N. E.. Seattle. Graduate Student in 

College of Education, Univ. of Wash., Seattle. 

SPECIALS 

Gibbons, "W. H., Forest Examiner. Forest Service. Beck Bltfg., Portland, Ore. 
Kistner. B. H., Logging Engineer. Bridal Veil Lumber Co., Bridal Veil, Ore. 
Smith, Kan, Ex. '12. 429 Beck Bldg., Portland, Or?. Forest Examiner Forest 
Service, Ketchikan, Alaska. 

SHORT COURSE 

Chartrand, Lee F., District Ranger, Wenatchee Forest, Cle Elum, Wash. 
Colton, W. E., 242 Ave. D., Snohomish. Wash. Logger and Millman. 
Ewart, HtiRh W., 836 Henry Bldg., Seattle. Dealer in Timber Lands. 
Hartsuck, D. G., Olympia Wash, care of Forest Service. Sealer on Timber Sale; 

Humptulips, Wash. 

Huff, Holland, Halfway, Oregon. Asst. Forest Ranger Minam Forest. 
Powell. Harry A.. Forest Branch, Kamloops, B. C. Draftsman, English Army, 

"Somewhere in France." 
Smith, Benj. F., Tygh Valley, Ore. Asst. Forest Ranger Deschutes Forest. Tygh 

Valley, Ore. 
Woodruff, Ralph F. (B. S. Whitman College '11 \ White Salmon, Wash. Mgr. 

Mt. Adams Lumber Co. Mill. White Salmon, Wash. 

PRESENT A'DDRESS OF THE FOLLOWING GRADUATES DESIRED 

Beard, Frank W.. '15, B. S. F. 
Chloupek, Edward H., '11, B. S. F. 
Elich, Walter H., '12, B. S. F. 
Hancock, Virgil K., '16, B. S. F. 



78 




79 



ROSTER OF STUDENTS. 

Information following each name is arranged in the following 

order: (1) Intended major work, (2) Permanent address, (3) Present 

address, (4) School activities, (5) Summers work. 

GRADUATES 

Uernhardt, Carl L,.; Forest Service; Newport, Ky. 4520 19th Ave. N. E., Seattle. 
Entered from Univ. of Kentucky '16. 

Brindley, Ralph; Xi Sigma Pi; Boscobil, Wis. 4522 18th Ave. N. E., Seattle. 
Class Baseball; U. S. Indian Service, Quinault Cruise '16. 

Clark, Donald H.; Xi Sigma Pi; Sigma Xi; Forest Products; Three Pines, Ore. 
4018 12th Ave. N. E.. Seattle. Scabbard & Blade; Forest Club Program 
Committee '14; Forest Club Executive Committee '15; President Forest Club 
'16; Delegate to Convention of Intercollegiate Association of Forest Clubs, 
Ann Arbor, Mich. '16; President I. A. F. C. '16; Wrestling Squad '15, '16; 
Fir Tree Lumber Co., Tumwater, Wa'sh., '13; Siskiyou National Forest '15; 
Grazing Assistant Dist. No. 1. U. S. F. S.~'16. 

Young. L,. Pierce; B. S. '15; Logging Engineering; Colorado College '12. '13. 
Class Football '14, '15; Class Wrestling '15; Rifle Club '15; Co. F Rifle Team 
'15; Merrill & Ring Lumber Co., Everett, Wn. '15, '16; U. S. Indian Service '16. 

CLASS OF 1917 

Anderson, Albert C.; "The Badgers", Colton, Ore; 4550 18th Ave. N. E., Seattle 
Scabbard and Blade; First Lieutenant Co. F. 2nd Infantry N. G. W.; Field 
Assistant, Snoqualmie National Forest, '15; Class Football, '13, '14; Captain 
Varsity Boxing Team '16. 

Barrett, Philip E.; Xi Sigma Pi; Logging Engineering; Tacoma. Wn. 4532 18th 
Ave. N. E., Seattle. Class Vice Pres. '13; Class Treasurer '14; Cross Country 
'12, '13; Captain '14; Secretary Tacoma Club '13; Vice Pres. '15; Forest Club 
Program Committee '15; Guard Rainier Nat. Park '12, Guide '13; Carlson 
Logging Co. Hoquiam, Wn. '14, '15; Wynooche Timber Co., Hoquiam, Wn. '16. 

Blunt, Joseph R.; Xi Sigma Pi; Milling and Marketing. 1118 N. 8th St., Tacoma, 
Wn. 5235 17th Ave. N. E., Seattle. 

Browning, Harold A.; Xi Sigma Pi; Logging Engineering; Los Angeles, Cal. 
4015% llth Ave. N. E., Seattle. Cross Country '13;, '14; Chairman Forest 
Club Annual Committee '15; Editor in Chief, Forest Club Publicity Com- 
mittee' 16; Chairman Entertainment Committee I. A. F. C. Convention '17; 
Publicity Mgr. Engineering Open House '16. '17; Secretary for re-organizing 
Engineering Open House '16; University Press Club '16; Fire Warden Ange- 
les Forest '08, -'10; Ranger Plumas Forest '11-'13; Telephone Const. Olympic 
Forest '14; Asst. to Telephone Engineer of Dist. No. 6, '15; First Class Sergt. 
Field Co. A, Washington Signal Corps, Stationed at Calexico. Cal. '16. 

Burnham, Roland, P.; Boulder, Colo.; From Univ. of Colorado; 5023 16th Ave. 
N. E., Seattle; Rifle Club '15; Ukulele Club '15; '16; U. S. Geological Survey 
and City Work, Boulder. Colo. '14; Field Assistant Olympic Forest '15; Fi Q ld 
Assistant Whitman Forest '16; R. R. Location Work '16; U. S. F. S. Timber 
Testing Lab. '16. 

Fish. W. H. 4706 14th Ave. N. E., Seattle. Puget Sound Mill Co., Port Angeles, 
Wash.. '13-'15; Reconnaissance Crew '14; Recorder U. S. G. S. '16. 

Gillespie, James T.; Logging Engineering. Albany. Mo. 4550 18th Ave. N. E.. 
Seattle. Snoqualmie Forest '14; Class Football '14, '15; Varsity Football 
'16; Chairman Forest Club Athletic Committee '16; Pres. University Hockey 
Club '16; Class Boxing '16, '17. 

MjnlitiJin. Fred H.; Logging Engineering. 1116 18th Ave. N., Seattle. Class 
Track '13; Varsity Football Squad '13. '14, '15; Varsity Wrestling Souad '15; 
Class Basketball '13; Baseball '14; Class Athletic Manager '16; Chairman 
Ethics Committee, U. of W. Press Club '16; Reception Committee. Third 
I. A. F. C. Convention '17; Junior Day Committee '16; Chairman Program 
Committee Cadet Ball '15; Chairman Forest Club Athletic Committee' 13; 
Chairman Executive Committee' 15; Program Committee '14. '15 Chairman 
'IB; Chairman Foresters Open House Committee '16: Editor-in-chief, Forest 
School Edition of Daily '14; Associate Editor U. of W. Sunday Page, Seattle 
Daily Times' 15; Varsity Pifle Team '15: Forest Club Publicity '15, '16; 
President Forest Club '16; Chokerman Clear Lake Lumber Co. '13; Rigging 
Slinger and Handy Man. Willapa Logging & Timber Co. '14; Camp Location 
and Const. American Lake '15; Cruising Dept. Kin"- Countv Assessors Office 
'16; Hoist Driver, Grace & Co., Tacoma, Wn. '16; Seattle Staff of American 
Lumberman '17. 

Muncaster. Roy. 4503 17th Ave. N. E., Seattle. From Colorado School of Forestrv 
.'14; Class Football '14, '15; Class Boxing Team '15; Olympic Forest '15; 
Ranger '16. 

O'Brien, George W.j Xi Sierma Pi; Logging Engineering. 11 54 Comox St., Van- 
couver. B. C. 5235 17th Ave. N. E.. Seattle. Publicity Board '17; Excutiv Q 
Committee '17; Annual Committee' 15: Social Committee '14: CompassTan 
Bratton, Lebaugh '12, Gulf Lumber Co. '13; U. S. Geographic Survey '14* 
B. C. Land Survey: D. J. O'Brien Logging Co. '15. '16. 

Torkelion. Tlmon J.: Xi Sigma Pi; Milliner & Marketing; Astoria, Ore 1906 E 
45th St , Seattle. Entered from Willamette Univ.; Printing '12 '13 '14- 
Secy.-Treas. I. A F. C. 'ifi: Snrine: Onera '17: Vice Pree. & Chairman ^x*"u- 
tive Committee Forest Club '16; Varsity Football '16; Forest Club Publicitv 
Board '17. 

Vett^r. G>or<re B., CEx. '15>; Xi Sierma Pi; Milling & Marketing; 1906 E 45th St 
Rpattle: Open House Committee '17. 

Wri~.t. rnfo-l A.; Xi Sigma Pi; Milling & Marketing; Trinity Place Apts 
Portland. Ore. 

80 



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IRON WORKS 



EVERETT, WASH. 



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LET US SEND YOU OUR CATALOG 
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81 



Keller, Earl H.; Alpha Xi Sigma . Lebanon, Pa. Lewis Hall, U. of W. Seattle. 

From Penn. State College. Forest Guard Snoqualmie Forest '16;Dwyer, 

Chase, Magill Logging Co. '16. 

CJLASS OF 1918 
Ilalmer, Jesmond D.; Xi Sigma Pi; Forest Service, Cle Elum, Wn. 4506 17th 

Ave. N. E., Seattle. Class Basketball '15; Class Baseball '15, '16; Varsity 

Basketball '16, '17; Big "W" Club; Vice Pres. I. A. F. C. '17; Forest Club 

Office Comm. '17; Program Committee '17; Varsity Rifle Team '15; Pres. 

Elect Forest Club '17. 
Corbitt, Willis G.; Xi Sigma Pi; Logging Engineering. 1009 N. 42 St., Seattle. 

Forest Club Annual '15; Associate Editor '16; Editor-in-Chief '17; Secy.- 

Treas. Forest Club '16; Executive Committee Forest Club '17; Class Track 

'16; Varsity Track '16; Cross Country '16; Junior Captain '17; Lookout 

Snoqualmie N. F. '15; Forest Fireman Snoqualmie N. F. '16; Head Chain- 

man Index Galena Logging Co., Index '16. 
Cochran, Lament M.. 453$ 14th Ave. N. E.. Seattle. Seattle Rifle Team '15; 

Varsity Track Team '16; Michigan Pacific Lumber Co., Victoria, B. C., '14; 

Alaska '16. 
Eldridge, Ferris; Milling & Marketing; Alamogordo, New Mexico. 1408 1 E. 

43rd St., Seattle. University of Idaho, '14. '15. Stimson Milling Co. '15. 
Garrett, C. B.j Xi Sigma Pi; Spakane, Wash. 5235 17th Ave. N. E., Seattle. Open 

House Committee '17. 
Johnston, Sidney L.; Logging Engineering; North Yakima, Wash. W. S. C. '14 

'15; Timber Cruise of W. S. C. Lands '14; U. S. F. S. Timber Sales Dept. 

Mont. '15, '16. 
MacKechnie, A. R.; Forest Service; Port Angeles, Wn. 4505 18th Ave. N. E., 

Seattle. Varsity Football '15, '16; U. S. F. S. '15; Sealer, P. S. M. & Lbr. Co. 

'16; National Guard at Calexico '16 C. M. & St. Paul '13, '14, '16. 
Oass, Alf. H.; Xi Sigma Pi; Forest Service. 2117 N. 63 St., Seattle. Forest Guard 

Olympic National Forest '16. 
Powers. Victor S.; Xi Sigma Pi; Milling & Marketing; Lincoln, Nebraska. 5214 

17th Ave. N. E., Seattle. Class Basketball '17; Advertising Mgr. Forest 

Club Annual '17; Vice Pres.-Elect Forest Club '17; Publicity Committee 

Engineering Open House '17. 
Roberts, Wesley K.; Logging Engineering; 10520 Longwood Drive, Chicago; 

4504 16th Ave. N. E., Seattle; Goodyear Logging Co. '12, '13, '14, '16; Social 

Committee Forest Club '15. 'Ifi; Chairman Open House Committee '16; Senior 

Representative-Elect Forest Club Executive Committee '17. 
Stanton, Louis G.; Everett. Wn. 4504 16th Ave. N. E., Seattle. Secy.-Treas. 

Forest Club '16; Grose Country Team. '16; Index-Galena Lumber Co. '16; 

Dramatic Association, '16. 
Van Wickle, J. M.: 4847 Alki Ave., Seattle. O W. R. R. & N. Co. '15; Olympic 

National Forest '16; Class Crew '15, '16. 
Wi*t, William; Forest Products; North Yakima, Wn.; 4504 16th Ave. N E 

Seattle. 

CLASS OF 1919 
Bozarth, Clifford C.; Forest Service; Woodland, Wn.; 4211 Brooklyn Ave. N. E., 

Seattle. Class Track '16; Varsity Football Squad '16; Forest Club Pin Com- 
mittee '16; Lookout Snoqualmie Forest '16. 
Bougrhter. Robert W.; Logging Engineering. Lebanon, Pa.; 5214 17th Ave. N. E, 

Seattle. Doty Lumber Co., '15; Merrill & Ring Lbr. Co., '16. 
Brandstrom, Axel: Forest Service; Entered from Gymnasium. Umea, Sweden, 

1218 No. 49th St., Seattle. Mill Work '13; River Work '14, '15. 

Briem, Alfred J.; Logging Engineering. Orillia, Wn. 2310^, E. 51st St., Seattle 
Cameron, James F.; Milling & Marketing. 1085 Moss St.. Victoria, B. C. ; 450 

17th Ave. N. E., Seattle. Class Football '15, '16; Class Relay Swimming 

Team '16. 
Durland, William D.; Logging Engineering; Pasadena. Cal. 4506 17th Ave. N. E., 

Seattle. University Band; Forest Club Pin & Publicity Committees '16; 

Lookout Wentachee Forest '16. 
Dreitzler, Ralph F.; Milling & Marketing; 111 West^ 50th St., Seattle. Ass't. 

Bookkeeper Western Union '11 to '16. 
Gamm, Irvln; Watertown, Wis. 4305 15th Ave. N. E., Seattle. Entered from 

Northwestern College. University Band '16. 

Gannon, James J; Logging Engineering, Kent, Wn. Lewis Hall, U. of W. 
King:. Robert F.: Greenys, 111. Transferred to Agriculture, Wash. State College. 

Pullman, Wash. 

Leith, Donald G.; Forest Service; Detroit, Mich. 2120 East 47th St.. Seattle. 
Lind, Harry Milton; Logging Engineering; 4505 18th Ave. N. E., Seattle. Vice 

Pres. Spanish Club '15. Pres. '16; Y. M. C. A. Membership Comm. '16, '17; 

Forest Club Editorial Board '16, '17; Guard, Snoqualmie Forest '16. 
Mather, Waldo; Kirkland, Wn. 
Peterson, Ernest; Milling & Marketing; Everett, Wn. 5214 17th Aven. N. E., 

Seattle. 
Roberts, Arthur K: Forest Service; 1409 N 16th St.. Tacoma. Wn. ; 4522 18th 

Ave. N. E., Seattle. Forest Guard. Olympic Forest' 16; Forest Club Office 

Committee '16; Annual Banquet Committee '16; Class Cross Country '16; 

Editor of College of Forestry page in West Coast Lumberman '16. 
Robison, Sidney C.; Forest Service; 4537 12th Ave. N. E., Seattle. Open House 

Committee '17. 

CLASS OF 1920 
Crumb, Isaac J.; Forest Service; Morton. Wn. Lewis Hall U. of W. Rainier 

Forest '15, '16. Frosh Varsity Football '16; Class Wrestling '17; Class 

Crew '17. 
Fifer, Charles W.; Milling & Marketing; 4732 19th Ave. N. E.. Seattle; University 

Glee Club '16; Frosh Crew Fund Committee '17. 

82 



WOOLEN GOODS OF QUALITY 

For the Forester and Woodsman 



We have OUR OWN FACTORY and are prepared to 
furnish up-to-the-minute garments that guarantee comfort 

and long service 

"QUEEN CITY BRAND" 



Woolen blankets, sox, un- 
derwear, sweaters and 
STAG SHIRTS, Mackinaw, 
khaki, water-repellant and 
Aquapelle clothing made 
to your order our specialty. 



Careful Atttention Given to Mail Orders 

Seattle Woolen Co., 1203 First Ave., Seattle 



HOFIUS STEEL 

AND EQUIPMENT COMPANY 

oooooc 
Railway Supplies 

of all kinds 

Switch Material a Specialty 

Saw and Shingle Mill Machinery 

New and Second Hand 

oooooo 

Structural Steel, Plain and Fabricated 

A large tonnage of all shapes and sizes carried in stock 

oooooo 

Main Offices and Plant 

Atlantic Street and Railroad Avenue, Seattle 

83 



Filloon, Ray M.; Forest Service; Troutlake, Wn. Lewis Hall U. of W. Mountain 

Guide, Mt. Adams '07-'16. Mazamas Mt. Club; Official Photographer Forest 

Club '17. 
Foglequist, Charles F.; Forest Service; Selah, Wn., c-o S. M. Kane, U. of W. 

Campus. 
Foster, Linn; Milling & Marketing; 1131 20th Ave. North, Seattle. Forest Club 

Program Committee '16. 

Gay, Gordon L.; 521^ 18th Av. N. E.. Seattle. 
Horner, Sam; Forest Service; Goldendale, Wn. Lewis Hall U. of W. Forest 

Club Athletic Committee '16. 
Kellogg, O. C.; Milling & Marketing; Hoquiam, Wn. 4532 18th Ave., N. E., Seattle. 

Car Tallyman, E. K, Wood Lbr. Co., Hoquiam. 
Kohl, J. C.; Forest Service; 3234 61 Ave. S. W. Seattle. 
Lindsay, William; Forest Management; Idaho Falls, Idaho. 4348 8th Ave N. E., 

Seattle. 

Mack, Elmer G.; Forest Service; Telluride, Colo. 4535 18th Ave N. E, Seattle. 
Morgan, Will; Forest Service; Marysville, Wn. Lewis Hall, U. of W. Social and 

Open House Committees '16; Sophomore Representative-Elect Executive 

Committee. Forest Club '17. 
Murphy, E. C.; Logging Engineering; 5235 17th Ave. N. E., Seattle.' Varsity 

Football '15, '16. Pres. Big "W" Club '17. Junior Representative-Elect 

Executive Committee. Forest Club '17; Forest Club Base Ball Manager '17. 
Nesbitt, Cedric; Milling & Marketing ; Goldendale, Wn. 4550 llth Ave. N. E., 

Seattle. Frosh Varsity Basket Ball '17; Forest Club Annual Comm. '17. 
Plummer, Donald J.; Logging Engineering; Tacoma, Wn. 4505 18th Ave. N. E., 

Seattle. Mineral Lake Logging Co., Ashford, Wn.; Pacific States Logging 

Co., Sellick, Wn. 
Renner, Fred; Forest Service; Wenatchee, Wn. Lewis Hall, U. of W. Forest 

Club Athletic Committee '16. 
Rowles. H. Percy; Milling & Marketing; Great Falls, Mont. 4703 18th Ave. N. E., 

Seattle. Forest Club Executive, Publicity and Annual Committees '16; 

Sec.-Treas-Elect, Forest Club '17; Boorman Lumber Co. Great Falls, Mont. 

'12 to '16. 

Richards, George; Logging Engineering. 711 Summit Ave. N., Seattle. 
Schafer, Carl; Logging Engineer. Satsop, Wn. 4550 18th Ave. N. E., Seattle 
Shank, Phillip; Logging Engineering. 632 36th Ave. N.. Seattle. 
Smith, J. H. B.; Logging Engineering. 6509 Sycamore Ave., Seattle. Blockell, 

Stewart, Welsh, B. C. '16. 
Wilcox. J. Milton; Logging Engineering. E. 24-6th Ave., Spokane, Wn 4550 

18th Ave. N. E., Seattle. Forest Club Social Committee '16. Spokane Club. 

University Hockey Team '16. 
Zahn, George D; Forest Service. Ridgefield. Wn. Lewis Hall, U. of W. 

SHORT COURSE. 

Anderson, Clay F.; Vancouver, B. C. 4302 14th Ave. N. E., Seattle. 
Deal, Cecil R.; Goldendale, Wn. Lumber Inspector, Portland District Office Pa- 
cific Lumber Inspection Bureau '15. Hoquiam Sash & Door Co. '17. North- 
western Lumber Co., Hoquiam, Wn. 
Boorman, Carl E.: Great Falls, Mont. Mgr. Wholesale Dept. Boorman Lumber Co., 

Great Falls, Mont. 

Feyrer, J.; Sellick, Wn. Pacific States Lumber Co., Sellick, Wn. 
Gallaher, Adrian; Walla Walla, Wn. 
Gilman, Dewey E.; 4224 Pasadena Place, Seattle. Snoqualmie Nat'onal Forest 

'15, '16. 

Hohi. Frank D.; Aberdeen, Wn. 4524 19th Ave. N. E., Seattle. 
Trving, Thomas R.: 2930 Hout Ave., Everett, Wn. 

Larson, Arthur; Ketchikan, Alaska, Box MM. 4009 llth Ave. N. E., Seattle. Log- 
ger. 

McGinnis, Lloyd E.; Centralia, Wn. Snoqualmie National Forest '16. 
Uua*t, Ray; Marysville, Wn. Newton & Packard Logging Co., Tolt, Wn. '14. 

Snohomish Co. Engineering Crew '16. 
Shields. Edward B-: Tacoma, Wn. Lamb Davis Lbr. Co.; Pacific States Lbr. Co ; 

Mineral Lake Lbr. Co.; Northern Coast Lbr. Co. 
Thompson, Andrew; 6255 Sycamore Ave., Seattle. 





We will fill your order by mail 



r. S. Pack Sacks, $1.50, $1.25 and $1.00. Army 
Blankets for outing-, $7.00 to $2.50 Blue 
Flannel Middy Blouses, $3.50. White Middies 
$1.00. 

Waterproof Loggers' Shirts, $4.50 

Army Shoes made on the famous Munson last, 
Late U. S. Army and Navy goods, Guns, Re- 
volvers, Ammunition, at lowest prices. Our 
big- catalog will interest you. We make a 
specialty of mail orders. 




W. S. KIRK 




Army and Navy Goods 

1209 First Ave., 

Seattle, Wash. 

Other Stores : 



135 So. Spring Street, Los Angeles, Gal. 

108 Sixth Street, Pittsburg, Pa. 

94 Third Street, Portland, Ore. 



Our Catalog of Bargains 
is free 




Ground, Highlead & Skyline 
Logging Engines & Loaders 



Complete Logging Equipment 
Built to Meet All Requirements 



Write for Catalogues. 



Washington Iron Works 



Seattle, Washington. 



85 



THE STATE UNIVERSITY USES OUR MACHINERY 

Air Compressors, Air Tools, Electrical Machinery, Foundry .Equipment, 

Gasoline Engines, Hydraulic Machinery, Machine Tools, Machinery 

Supplies, Polishing and Plating Supplies, Railway Equipment, 

Sheet Metal Tools, Steam Engines, Boilers, 

Mill and Logging Machinery, Traction 

Engines, Transmission Machinery, 

Wood-working Machinery, 

Welding Plants 



Ferine Machinery Co. 

MACHINERY MERCHANTS AND ENGINEERS 

209 First Avenue South 

Seattle, Wash. 

Developing, 

Printing and 

Enlarging 

by expert workmen. We carry the largest and most complete stock of PHOTO- 
GRAPHIC SUPPLIES on the Pacific Coast. 

Note our new location: 
The Northwestern Photo Supply Co., 1415 Fourth Ave, 

(Eastman Kodak Co.,) 
Mail Orders Our Specialty Seattle, Wash. 

Pugel Sound Navigation Co. 

Steamers to all points on 
Puget Sound 

For Boat Schedules Call 
Main 3993. 

General Offices: COLMAN DOCK Seattle, Wash. 

86 



Lowman & Hanford Co 

First Avenue and Cherry Street, Seattle., Wash. 



Complete line of Compasses, Field Glasses, 
Aneroids and Swedish Increment Borers 

I Agents for Kueffel & Esser Co. 

+++++ 




BOOKS ON FORESTRY AND KINDRED SUBJECTS 



Keep in touch with the boys! 

A full page in the West Coast Lumberman the only 
twice-a-month lumberman's journal on the Pacific 
Coast is devoted to the University of Washington 
College of Forestry with news of school doings and 
the work of the alumni. Live articles on milling, mar- 
keting and logging make this journal a necessity to 
the progressive man. 

Twenty-four issues for two dollars 

West Coast Lumberman, Inc., Seattle 



James D. Lacey & Company 

Timber Land Factors 

] A clearing house for 
timber lands, logging 
chances and mills. 

I A source of depend- 
able first-hand informa- 
tion for investors and 
operators. 

I An organization qual- 
ified as timber cruisers 
and valuators. 

Chicago Seattle 



87 



Washington Pennant & Awning Co., 421 Olive St., Seattle 

Pennants, Pillows, Wall 
Banners and Table Covers 

made to order with 

University, High School, 

Fraternity, or Class, 

Insigna 

Special Attention to Mail Orders Write for Our Catalog 




NATIONAL TYPEWRITER EXCHANGE 



L. C. GRIFFITHS, Manager 

Dealers in All Makes of Rebuilt Machines 

Expert Typewriter Repairing 
Typewriters bought, sold and exchanged. Typewriter Supplies. 

OLIVER TYPEWRITERS RENTED; $4.00 FOR THREE MONTHS 

61 Marion Street Viaduct piumes: Main 754, Main 1003. Seattle 




C.C.FILSON 

1011 First Avenue | 
Seattle, Wash. 

In business since 1897 




WE carry everything in clothing, footwear 
bedding for out door people. We have 
own factory and make the finest cruising and 
ging shirts on the market. Pants cut from 
best materials. See us before going into 
woods. Send for our free catalog. 



and 
our 
log- 
the 
the 



88 



A Necessity in Every Up 

to-the-Minute Saw Mill 

and Lumber Yard 




THK HOOD TRACTOR 



Acknowledged By All Lumbermen As the Most 
Efficient and Economical Yard Assistant 

Write for the new Hood Book a Crisp Tractor Story 



Hood Manufacturing Co. 



208 American Bank Bldg. 



Seattle 






89 




Patented 1917. 



KORRUGO is the new, perfected Creosoted Wood Block that 
solves the expansion, weight and other problems that 
beset the paving engineer. It is the scientifically designed 
Block for Interior floors and for paving under all forms of 
traffic; "silent, everlasting." 

Creosoted wood forms of all kinds from one of the largest 
plants. 

PACIFIC CREOSOTING CO. 

Northern Life Building 
SEATTLE 



Make Wood Construction as Safe as any So-called Fire-Proof Building 

Material with 

ROCKWOOD SPRINKLERS 



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Mean Economy in Building Construction, Minimum Insurance Bates, 

Protection to your Business for the Disrup- 
tion of Fire. 

The Rockwood 
Fireman Says: 

"For the benefit and development of the 
timber industry advocate wood-construction 
protected by Rockwoods." 

Rockwood Sprinkler Co. 

532 First Ave. S. 
Seattle 




90 



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91 



RED CEDAR SHINGLES 




For an unexcelled roof covering 
there are two essentials: proper manufacture 

proper raw material 

Mother Nature has given and Father Time has endorsed RED CEDAR as an 

unsurpassed raw material. The West Coast Lumbermen's Association, 

through its competent inspection insures proper manufacture of 

Shingles bearing tli e -^Tp |T|~SB /iDF V^ Trade Mark. 
Shingle Branch, West Coast Lumbermen's Association, Seattle, Wash. 




In use all over the World CLARK Sawmill Machinery 
CLARK BROS. CO. 

Plant at OLEAN, N. Y. 218 1st Ave. So., Seattle. Write for Catalogue 



92 



The Grand Rapids Vapor Kiln 



Easy to 
Operate 
Efficient 
in Results 



construction and 
practical oner a t i o 11 are 
ba.sed on scientific princi- 
ples. They are the result of 
over twelve years of prac- 
tical application to every 
class of lumber drying:. 




The Grand Rapids Veneer Works 

Dry Kiln Department Sole Manufacturers 



Main Office 

Grand Rapids, Mich. 



I :. I . Tindolph 
Western Manager 



Western Office 
Henry Building, Seattle 



WICKES GANGS 

From 10 to 15 per cent more lumber (according to dimensions) is produced by 
the use of Wickes Gangs than by any other method. We will be glad to explain 
this to anyone on application. 

Wickes Water Tube Boilers are especially adapted to saw mill use on account 
of the special furnace construction. They lead in efficiency, stability, simplicity 
and accessibility. 

Send for Our Catalogue 

WICKES BROTHERS 
THE WICKES BOILER COMPANY 

M. D. HAIRE, Pacific Coast Manager, 
410 White Bldg., Seattle. 



KODAKS 



Everything 
Photographic 



We are Experts. We Have a Know- 
ledge Both Practical and Technical of 
the Goods in Which We Deal. We are 
at Your Service in Aiding You to Select 
or Use Photographic Apparatus. 



Est. 1898. 



Ill Cherry St. 
;. 1st and 2nd Aves. 



ANDERSON SUPPLY CO. 

SEATTLE, WASH. 



Two Stores 

1518 Westlake 
Bet. Pike and Pine 



Sears, Roebuck & Co. 



SEATTLE, WASH. 




Home ot the Western Branch of 
THE LARGEST MAIL ORDER HOUSE IN THE WORLD 

Everything for the Logger 

Cruiser or Ranger 

Prompt Shipments Lowest Prices 

We Protect Our Customers Absolutely 

Sears, Roebuck & Co. 



SEATTLE, WASH. 



94 



Dorr Skeels, Dean T Tnixr^r cit-i;- rf A/T^n t a r a Lumbering 

James H. Bonner, Prof. UniVCISlty OI IVlOHtana Logging Engineering 

Willard M. Drake, Prof. MT5<3fYTTT A Forestry 

Rangers' School 

Forest School 

Darius Kinsey, View Publisher, 

Seattle, Washington. 
Dear Mr. Kinsey: 

I am returning to you by express today 163 unmounted 11x14 pictures, 
one album containing 15 panoramas, and in a mailing tube three panoramic 
pictures. 

We have retained a selection of 50 unmounted 11x14 pictures. If you 
will forward to us a bill in triplicate for the 50 prints, I shall be very glad 
to have same audited and payment promptly made. 

I consider your pictures by far the finest collection that I have ever 
examined, and they will be of great value to us in instruction work in 
forestry, logging engineering, and the like. 



Very sincerely yours, 



DORR SKEELS, 

Dean. 



A. collection of our prints on approval permits one to secure just the 
subjects desired. 

Large collections of our Lantern Slides are being used in schools. 
Write for catalogue. 



Phone E. 6778 



DARIUS KINSEY, 

1607 E. Ald^r St. 



Seattle, Wash. 



'American" Portable Saw Mills 

Have Made Good in the West 




The Complete "American" Line Including Mills 
No. 1 to No. 6 Kept in Stock at All Times 

"Triumph" Planer** and Matchers, Kellers, etc. Sawing Ties is \vhere 
the "American" Shines 

Anything You Want for Power 

HIGGINS MACHINERY COMPANY 
314 First South Seattle 

"12 years in same territory with same line.'' Catalog No. 17 is yours for the asking 

95 



Win. PtgOtt, \ O. D. Colvln 

\ L>e-Pre.silent fe Geul. 




We Manufacture 



Logging Equipment 

Adapted to northwest needs 
and to every condition that this 
great industry creates. Such 
equipment is supplied with the 
most adequate safety appliances 

All Kinds of 

Cars and Trucks 

for logging and allied require- 
ments that are built to with- 
stand the most severe service 
and give the maximum 
efficiency 

Seattle Car and Foundry Co. 

Alaska Building, Seattle, U. S. A. 

Works: Rent on, Wash. 

Portland Equipment Co., Vancouver Equipment Co., 

Spalding Building, Bank of Ottawa Bids- 

Portland, Ore. Vancouver, B. C. 



96 



STATE OF WASHINGTON 



SUPPLEMENT 

TO COMPILED 

PUBLIC LAND LAWS 

STATE OF WASHINGTON 
1914 



Containing all Acts and Amendments Relating to 

School, Granted and Tide Lands 

Legislative Session, 1915 




BY AUTHORITY OF 

CLARK V. SAVIDGE 

Commissioner of Public Lands 



OLYMPIA 

FRANK M. LAMBORN <^^> PUBLIC PRINTER 
1915 



SUPPLEMENT TO PUBLIC LAND LAWS. 

Acts and Amendments Legislative Session 1915. 



(The section numbers herein correspond with the numbers 
in Compiled Public Land Laws 1914.) 

SEC. 5-a. MEMBERS STATE BOARD OF EQUALIZATION POWERS 
AND DUTIES. 

The State Auditor, a member of the Public Service Com- 
mission of Washington, to be designated by the Governor, and 
the Commissioner of Public Lands shall constitute the State 
Board of Equalization. The State Auditor shall be the presi- 
dent of the board, and the Commissioner of Public Lands shall 
be secretary thereof. The board shall remain in session not 
to exceed twenty (20) days; may adjourn from day to day, 
and employ such clerical assistance as may be deemed neces- 
sary to facilitate its labors: Provided, That the expense of 
such board shall not exceed the sum of five hundred dollars 
($500) in any one year. The said board shall meet annually, 
on the first Monday in September, at the office of the State 
Auditor, and shall examine and compare the returns of the as- 
sessment of the property in the several counties of the state, 
and proceed to equalize the same, so that each county in the 
state shall pay its due and just proportion of the taxes for 
state purposes for such assessment year, according to the ratio 
the valuation of the property in each county bears to the total 
valuation of all property in the state. 

First. They shall classify all property, real and personal, 
and shall raise and lower the valuation of any class of prop- 
erty in any county to a value that shall be equal and uniform, 
so far as possible, in every part of the state, for the purpose 
of ascertaining the just amount of tax due from each county 
for state purposes. 



4 Supplement to Public Land Laws 

Second. The secretary shall keep a full record of the pro- 
ceedings of the board, and the same shall be published annually 
by said Commissioner of Public Lands. 

Third. They shall have authority to adopt the rules and 
regulations for the government of the board, and to enforce 
obedience to its orders in all matters in relation to the returns 
of county assessments, and the equalization of values by said 
board. 

The said Board of Equalization shall apportion the amount 
of tax for state purposes as required by law to be raised in 
the state among the several counties therein, in proportion to 
the valuation of the taxable property therein for the year as 
equalized by the board, and shall also ascertain the gross 
amounts justly due from each county for military, state bond 
interest, and state bond sinking fund taxes, at rates and limi- 
tations fixed by law. It shall be the duty of the county auditor 
in each county when he shall have received the report of the 
State Auditor, as provided in section 9205, to determine the 
rates per cent, necessary to raise the taxes required for state 
purposes as determined by the State Board of Equalization, 
and place the same on the tax rolls of the county as provided 
by law. (Laws '15, p. 20, Sec. 1 : Amending Sec. 9204, Rem.- 
Bal.) 

SEC. 8-a. BOND OF ASSISTANT AUDITOR AND CASHIER. 

The assistant auditor and cashier of the office of the Com- 
missioner of Public Lands shall enter into a good and sufficient 
surety company bond, to be approved by and deposited with 
the Secretary of State, in the sum of ten thousand dollars 
($10,000.00), for the faithful discharge of the duties of said 
office. The premium on said bonds shall be paid by the state 
from the incidental fund provided for the Commissioner of Pub- 
lic Lands. (Laws '15, p. 419, Sec. 17.) 

SEC. 13. How CONSTITUTED POWERS. 

The Commissioner of Public Lands, the Secretary of State 
and the State Treasurer shall constitute the Board of State 



Supplement to Public Land Laws 



Land Commissioners and shall have all powers and perform all 
duties with reference to the selection, appraisement and sale 
or lease of school, granted or other lands, except capitol build- 
ing lands, the establishment of harbor lines and lease of harboi 
area which are now or may hereafter be vested in or required 
of the Board of State Land Commissioners, the board of ap- 
praisers or the harbor line commission. And said Board of 
State Land Commissioners shall be and serve as the commis- 
sion and the board of appraisers mentioned in section one of 
article fifteen and section two of article sixteen of the state con- 
stitution. (Laws '15, p. 19, Sec. 1 : Amending Sec. 6605, Rem.- 
Bal.) 

SEC. 21. BOARD OF LAND COMMISSIONERS TO WITHDRAW CER- 
TAIN LANDS. 

Section 1. Short Title. 

This act shall be known as the "Fisheries Code of Washing- 
ton." 

Sec. 2. Fish Commission. 

The governor, state treasurer, and commissioner shall con- 
stitute a board to be known as the state fish commission of 
which the governor shall be chairman and the state fish com- 
missioner secretary. 

Sec. 3. Duties of Commission. 

It shall be the duty of said commission: 

To establish and maintain such state fish hatcheries and 
cultural stations as in its judgment may be necessary for the 
propagation, protection and preservation of fish and shell fish. 

To cause the commissioner to examine all oyster reserves 
and to do or cause to be done such things as may be deemed 
advisable to conserve, protect and develop said reserves. 

To examine the clam and mussel beds located on lands be- 
longing to the state, and with the approval of the State Board 
of Land Commissioners to withdraw such lands from sale and 
lease and make reserves thereof. 



6 Supplement to Public Land Laws 

To take such steps as are advisable for the conservation, 
protection and development of such reserves ; also to do those 
things that may be necessary for the protection and develop- 
ment of the shrimp, clam and mussel beds on state lands. 
******* 

(Laws '15, p. 67, Sec. 3.) 

NOTE. See "Fisheries Code of Washington," Laws '15, p. 67. 

SEC. 32. FEES or COMMISSIONER. 

The Commissioner of Public Lands for services performed 
by him as such may charge and collect the following fees: (1) 
For a copy of any record, document or paper on file in his of- 
fice, fifteen cents per folio ; (2) for affixing a certificate and seal, 
one dollar; (3) for each original contract of sale, lease, or bill 
of sale, two dollars; (4) for each deed, five dollars; (5) issu- 
ance of harbor area lease and approval of bond, five dollars ; 
(6) approval of each assignment of contract, lease or bill of 
sale, one dollar; (7) for each copy of the plat of a township 
or any portion thereof, not less than two dollars; (8) for sub- 
division and issuance of new contracts, after the original has 
been entered on the records, two dollars for each new contract ; 
(9) for each railroad right of way certificate issued, two dol- 
lars. (Laws '15, p. 405, Sec. 1 : Amending Sec. 6633, Rem.- 
Bal.) 

SEC. 71-a. SALE OF TIMBER DAMAGED BY FIRE. 

The Board of State Land Commissioners may order the sale 
of the timber which has been damaged by fire on any lands of 
the state, except capitol building lands, without an application 
having been filed or deposit made as herein provided. (Laws 
'15, -p. 405, Sec. 2: Amending Sec. 6667, Rem.-Bal.) 

SEC. 75-a. REMOVAL or TIMBER EXTENSION or TIME. 

The owner or owners of any standing or fallen timber here- 
tofore sold by the State of Washington, may, with the ap- 
proval of the Board of State Land Commissioners, have the 
time in which to remove the same extended for a further period 



Supplement to Public Land Laws 



of time not to exceed five years from and after the date upon 
which it may now be removed upon paying annually in advance 
the sum of one dollar and fifty cents ($1.50) per acre: Pro- 
vided, That such payment is made before the expiration of the 
term in which the same was to be removed or before the expira- 
tion of any extension heretofore or hereinafter granted: And 
provided further, That before any such extension is granted 
the applicant shall furnish to the board satisfactory proof that 
all state, county and other taxes due or payable upon the said 
timber have been fully paid. (Laws '15, p. 426, Sec. 1.) 

SEC. 83. TERMS OF SALE. 

All state lands shall be sold on the following terms : One- 
tenth to be paid on the date of sale and one-tenth to be paid 
one year from the date of issuance of the contract of sale and 
one-tenth annually thereafter until the full purchase price has 
been paid: Provided, That any purchaser may make full pay- 
ment at any time. All deferred payments shall draw interest 
at the rate of six per cent, per annum. The first installment of 
interest shall become due and payable one year after the date 
of the contract of sale and thereafter all interest shall become 
due and payable annually on said date. All remittances for 
payment of either principal or interest must be forwarded to 
the Commissioner of Public Lands : Provided, further, That 
the Board of State Land Commissioners may, when they deem 
it for the best interests of the state, sell any of the granted 
lands of the state in tracts of not more than eighty acres upon 
the following terms and conditions: One-twentieth of the pur- 
chase price to be paid on the date of sale and one-twentieth on 
the eleventh year thereafter, and one-tenth annually thereafter 
until the full purchase price has been paid: Provided, further, 
That before any such lands are offered for sale the Board of 
State Land Commissioners shall prescribe the extent and char- 
acter of the improvements that shall be placed upon said lands 
annually during the first ten years of said contract and said 
contract shall be subject to forfeiture if the holder thereof shall 
fail each year to make such improvements as shall be prescribed 



Supplement to Public Land Laws 



by said Board of State Land Commissioners before said lands 
are offered for sale, and the making of such improvements by 
such contract holder shall, in addition to the payments pro- 
vided for in said contract, be considered as a part consideration 
therefor. Every such purchaser shall render to said board be- 
tween the 10th day of December and the 31st day of December 
of said years a full and complete statement of the character 
and cost of the improvements placed upon said land during such 
year. Any such purchaser shall have the right to improve said 
lands during any one year to any greater extent than that pre- 
scribed by the Board of State Land Commissioners, if he so 
desires, and he may pay the full purchase price upon said lands 
at any time prior to the dates of payment as above provided 
for, if the Board of State Land Commissioners are satisfied that 
the improvements which he has placed upon said lands are such 
as to insure the bona -fide cultivation and use thereof for agri- 
cultural, horticultural and dairying purposes. All deferred 
payments upon said contract shall draw interest at the rate of 
four per cent, per annum for the first ten years after the date 
of sale and thereafter at the rate of six per cent, per annum 
until the full purchase price has been paid. The object and 
purpose of this proviso is to encourage the cultivation and im- 
provement of state lands and the use of such lands for agricul- 
tural, horticultural or dairying purposes and it shall be con- 
strued to be additional to and concurrent with existing laws so 
far as necessary to the carrying out of such object and pur- 
pose. (Laws '15, p. 409, Sec. 3: Amending Sec. 6675, Rem.- 
Bal.) 

SEC. 87-a. LOCATING LINE DIVIDING TIDE LANDS FROM SHORE 

LANDS. 

The Board of State Land Commissioners is hereby author- 
ized to locate in all navigable rivers in this state, which are sub- 
ject to tidal flow, the line dividing the tide lands in such river 
from the shore lands in such river, and such classification or 
the location of such dividing line shall be final and not sub- 
ject to review. (Laws '15, p. 419, Sec. 16.) 



Supplement to Public Land Lazes 9 

SEC. 90. ABUTTER'S PREFERENCE RIGHT TO PURCHASE. 

The owner or owners of lands abutting or fronting upon 
tide or shore lands of the first class shall have the right for 
sixty days following the filing of the final appraisal of the tide 
and shore lands with the Commissioner of Public Lands to apply 
for the purchase of all or any part of the tide or shore lands in 
front of the land so owned. (Laws '15, p. 414, Sec. 8 : Amend- 
ing Sec. 6750, Rem.-Bal.) 

SEC. 92. PREFERENCE RIGHT OF OWNER TO APPLY. 

If valuable improvements, and in actual use prior to March 
twenty-sixth, eighteen hundred and ninety, for commerce, trade, 
residence or business have been made upon said tide or shore 
lands by any person, association, or corporation, the owner or 
owners of such improvements shall have the exclusive right to 
apply for the purchase of the land so improved for the period 
aforesaid. (Laws '15, p. 414, Sec. 8: Amending Sec. 6750, 
Rem.-Bal.) 

SEC. 93. CONFLICTING APPLICATIONS HEARINGS. 

If at the expiration of sixty days from and after the filing 
of final appraisal with the Commissioner of Public Lands there 
being no conflicting applications filed the applicant shall be 
deemed to have the right of purchase. If at the expiration of 
said sixty days two or more applications shall have been filed 
for any tract, conflicting with each other, the Board of State 
Land Commissioners shall forthwith require each applicant, 
within a time stated, to submit under oath a full statement of 
the facts whereby he claims a preference right of purchase. In 
case any applicant shall fail within the time limited to file such 
statement he shall, unless good excuse be shown therefor, be 
deemed to have waived his claim to a right of purchase of the 
tract under his application. After such statements have been 
filed, if it be deemed advisable or necessary by the Board of 
State Land Commissioners, in order to determine the rights of 
the parties applying for said tract, said board may order a 
hearing for such purpose. The board shall determine who has 



10 Supplement to Public Land Laws 

the first right of purchase to the whole or any portion of the 
lot or tract involved, and shall, unless an appeal be taken from 
the appraisal or finding to the superior court, proceed to sell 
or dispose of such lands in accordance with such finding. (Laws 
'15, p. 414, Sec. 8: Amending Sec. 6750, Rem.-Bal.) 

SEC. 124-a. WHO MAY PURCHASE ADDITIONAL RIGHTS. 

That any person, firm or corporation now entitled to and 
in possession of any lands which were acquired under and by 
virtue of an act of the legislature entitled: "An act relating 
to the purchase and sale of oyster lands and declaring an emer- 
gency," approved March 4, 1895, being chapter 25 of the 
Laws of 1895, may at his, their or its option, purchase addi- 
tional rights in said lands by complying with the provisions of 
this act. (Laws '15, p. 24, Ch. 10, Sec. 1.) 

SEC. 124-b. PURCHASE OF REVERSIONARY RIGHT. 

Any such person, firm or corporation, may file with the Com- 
missioner of Public Lands an application to purchase the re- 
versionary right of the State of Washington in said lands, such 
application to be accompanied with an abstract of title to said 
lands. The Commissioner shall examine such abstract of title, 
and if he finds such title to be in the applicant, he shall certify 
such fact, together with a copy of the application, to the state 
oyster commission, which shall thereupon appraise the value of 
the reversionary right now held by the state, and certify such 
appraisement to the Commissioner of Public Lands. Upon the 
payment to the Commissioner of the amount of such appraise- 
ment a deed shall be issued from the State of Washington to 
the applicant in the same manner as deeds of state school and 
granted lands are issued; such deed to contain a covenant or 
condition of defeasance to the effect that if said lands be used 
for any purpose other than the cultivation of oysters then such 
deed shall be canceled, and the said lands shall revert to the 
state. (Laws '15, p. 24, Ch. 10, Sec. 2.) 



Supplement to Public Land Laws 11 

SEC. 124-c. CONTRACT IN LIEU OF DEED. 

In lieu of a deed as provided for in section 2 hereof, a con- 
tract may issue to the applicant, by the terms of which one- 
fifth of the purchase price may be paid to the Commissioner, 
and the remainder in four equal annual installments, with in- 
terest on the deferred payments at the rate of six per cent, per 
annum, and if such applicant shall comply with the terms of 
said contract and make the payments herein provided for, a 
deed as herein provided for shall issue to him from the state: 
Provided, That said contract shall contain the covenant or con- 
dition of defeasance as is provided in the case of deeds issued 
under the provisions of this act : Provided further, That such 
contract shall be subject to cancellation by the Commissioner 
of Public Lands for failure to comply with its provisions : And 
provided further, That whenever an installment shall mature, 
the applicant may, if he, they or it so elect, pay more than 
one installment. Laws '15, p. 24, Ch. 10, Sec. 3.) 

SEC. 124-d. OYSTER RESERVE FUND. 

There is hereby created a fund to be known as the "state 
oyster reserve fund," and all moneys received from the disposal 
of oysters on the reserves, or any of the products thereof, or 
for licenses to operate thereon, or for the sale of the rights of 
the state in the lands herein referred to, shall be paid into said 
fund, and all expenses incurred on account of said reserves shall 
be paid from said fund by warrants drawn thereon after appro- 
piration by the legislature of the state. (Laws '15, p. 24, Ch. 
10, Sec. 4.) 

SEC. 128. APPLICATIONS TO LEASE. 

All school and granted lands of the State of Washington 
may be leased for a term of five years or less to the highest 
bidder at public auction in the following manner : Any person 
or persons desiring to lease any of such lands shall make ap- 
plication in writing to the Commissioner of Public Lands of this 
state ; each application shall be accompanied with a deposit of 
ten dollars, such deposit to be in the form of a draft on some 



12 Supplement to Public Land Laws 

bank, a postoffice or express money order, or may be paid in 
cash. In case the lands so applied for shall be leased at the 
time they are offered for lease, then such deposit shall be re- 
turned to such applicant by the Commissioner of Public Lands ; 
but if the land shall not be leased when so publicly offered for 
lease, then such deposit shall be declared forfeited to the state, 
and the Commissioner of Public Lands shall pay the said de- 
posit over to the State Treasurer, who shall place the same to 
the credit of the general fund of the state. (Laws '15, p. 411, 
Sec. 4: Amending Sec. 6681, Rem.-Bal.) 

SEC. 128-a. LIMIT OF VALUE OF IMPROVEMENTS ox LEASED 

LANDS TO BE FIXED. 

The Commissioner of Public Lands, at the time of fixing the 
rental value of any lands of the state, which are to be offered 
for lease, shall fix the limit of the value of improvements that 
may be placed upon said lands by any lessee of the state, and 
upon the expiration of any such lease the Board of State Land 
Commissioners shall not appraise said improvements in an 
amount exceeding the limit so fixed by the Commissioner of Pub- 
lic Lands: Provided, That at any time during the life of said 
lease the Commissioner may extend the limit of the value of im- 
provements which may be placed on the lands covered by said 
lease, if he deems it advisable and for the best interests of the 
state. Such extension shall be made by written order, which 
shall be filed with the lease in the office of the Commissioner, and 
unless so made and filed shall not be effective. (Laws '15, 
p. 420, Sec. 18.) 

SEC. 132. REPORT OF LEASING RETURNS OF COUNTY AUDITOR. 
When any of such lands shall have been so leased by the 
county auditor, the said auditor shall at once proceed to cer- 
tify a list of such lands to the Commissioner of Public Lands, 
giving the name of the lessee, the postoffice address, term of 
lease, lease price per annum, amount paid on lease, and any 
other information required by the Commissioner of Public Lands ; 
the auditor shall also forward to the Commissioner one certified 



Supplement to Public Land Laws 13 

check, draft or postal order, payable to the order of the Com- 
missioner of Public Lands, for all moneys so paid to him on 
leases at the time of their sale. The Commissioner shall issue 
two receipts, one to the auditor for the total amount of money 
so received, and a receipt to each lessee, which shall be in dupli- 
cate, the original receipt to be sent to the lessee and -the dupli- 
cate thereof kept in the office of the Commissioner. The Commis- 
sioner shall pay the money over to the State Treasurer and take 
his receipt therefor: Provided, That lands held under lease 
shall not be offered for sale, or sold, during the life of the lease, 
except upon application of the lessee. (Laws '15, p. 412, Sec. 
5: Amending Sec. 6685, Rem.-Bal.) 

SEC. 135. NOTICE or FORFEITURE EXTENSION OF TIME. 

The Commissioner of Public Lands shall keep a full and 
complete record of all leases so issued and payments made 
thereon, and not more than forty nor less than thirty days be- 
fore the time such rental becomes due the Commissioner of Pub- 
lic Lands shall cause to be mailed to each lessee whose rental 
will become due and payable during said period of forty days 
a notice stating the date upon which the rental falls due and 
the amount thereof ; and if such rental be not paid on or before 
the date the same becomes due, according to the terms of the 
lease, the Commissioner of Public Lands shall declare a for- 
feiture, cancel the lease and eject the lessee from the land: Pro- 
vided, That the Commissioner of Public Lands may extend the 
time for payment of annual rental not to exceed one year when, 
in his judgment, the interests of the state will not be prejudiced 
thereby. (Laws '15, p. 413, Sec. 6: Amending Sec. 6687, 
Rem.-Bal.) 

SEC. 138. LESSEE'S PRIOR RIGHT TO RE-LEASE. 

If, at the expiration of any lease, or any renewal thereof, 
the lessee desires to re-lease the lands covered thereby, he may 
make application to the Commissioner of Public Lands for a 
re-lease. Such application shall be made within thirty days 
after the expiration of the lease and shall be in writing and un- 



14 Supplement to Public Land Laws 

der oath, setting forth the character and value of all improve- 
ments existing on the land, the name and postoffice address of 
the owner thereof, the purpose for which he desires to re-lease 
the land, the amount considered by such lessee as the reasonable 
annual rental value thereof and such other information as the 
Commissioner of Public Lands may require, and shall be accom- 
panied with a deposit of ten dollars, which deposit, if the land 
be not leased, through the failure or refusal of the applicant to 
accept a lease at the rate fixed by the Commissioner of Public 
Lands, shall be forfeited to the state and by the Commissioner 
paid to the State Treasurer and credited to the .general fund 
of the state. The Commissioner of Public Lands may, upon the 
filing of such application, cause the lands to be inspected by a 
state land inspector ; and if he deems it for the best interests 
of the state to re-lease said lands, he shall fix the rental value 
thereof and, upon receipt of the first year's rental, together 
with the fees required by law, the Commissioner of Public Lands 
shall issue to the applicant a renewal lease for any period not 
exceeding five years. The Commissioner of Public Lands shall 
notify the applicant by mail, of the rental value fixed, and if, 
within thirty days after the date of such notice, the applicant 
fails or refuses to pay to the Commissioner of Public Lands the 
first year's rental together with the statutory fee for issuing a 
lease, the Commissioner of Public Lands may cause the improve- 
ments existing upon the land to be appraised, in the same man- 
ner as in the case of the sale of land, offer the land for lease 
at public auction to the highest bidder, as provided for original 
leases, and if the successful bidder be not the owner of the im- 
provements, he shall deposit with the officer making the sale the 
appraised value of the improvements. The amount so depos- 
ited as the appraised value of improvements, together with the 
first year's rental and the fees required by law, shall be trans- 
mitted to the Commissioner of Public Lands and, upon con- 
firmation of the lease by the Commissioner of Public Lands, the 
amount so deposited in payment for the improvements shall be 
disposed of by the Commissioner of Public Lands in the same 



Supplement to Public Land Laws 15 

manner as in the case of the sale of the land: Provided, That 
no bid shall be received for less than the minimum price fixed 
by the Commissioner of Public Lands. (Laws '15, p. 413, Sec. 
7: Amending Sec. 6690, Rem.-Bal.) 

SEC. 138-a. LESSEE TO VACATE AFTER EXPIRATION or LEASE 

IMPROVEMENTS. 

No lessee of state lands, after the expiration of his said 
lease, shall without the written consent of the Commissioner of 
Public Lands and then only upon such terms and conditions as 
such written consent shall prescribe, remain in possession of 
said lands or the improvements thereon after the termination or 
expiration of said lease. All improvements placed upon state 
lands under lease, during the term of said lease, which remain 
upon said lands sixty days from the termination or expiration 
of said lease, shall become the property of the State of Wash- 
ington and be considered, except as herein provided, a part of 
the land upon which they are located : Provided, however, That 
if said lands are sold within a period of three years from the 
termination or expiration of said lease, then the purchaser at 
such sale shall pay to the owner of said improvements the ap- 
praised value thereof as determined by the Board of State Land 
Commissioners: Provided, further, That at any time within 
sixty (60) days after the termination or expiration of any such 
lease the owner of said improvements shall be entitled to remove 
such of said improvements as can be removed without injury to 
said lands: Provided, further, That any improvements placed 
upon any state, school or granted lands without written author- 
ity or after the expiration of a written lease shall become the 
property of the State of Washington and be considered a part 
of the land. (Laws '15, p. 420, Sec. 19.) 

SEC. 141-a. SALE OF GRAIN ON STATE LANDS. 

Whenever the State of Washington becomes the owner of 
any growing crop, or grain grown on any lands of the state, 
by reason of the forfeiture, cancellation or termination of any 
contract or lease of said lands, or from any other cause, the 



16 Supplement to Public Land Laws 

Commissioner of Public Lands is authorized to arrange for the 
harvesting, sale or other disposition of the grain or. crop in 
such manner as he deems for the best interests of the state: 
Provided, That the sale or disposition of any such grain or 
crop shall first be authorized by the Board of State Land Com- 
missioners. The proceeds from the sale of any grain or crop 
grown on state lands, shall be paid by the Commissioner of 
Public Lands into the state treasury and credited to the same 
fund as the rental of said lands would be credited. (Laws '15, 
p. 267.) 

SEC. 147-a. HARBOR AREA LEASEHOLD MAY BE ASSESSED FOR 

LOCAL IMPROVEMENTS. 

That all leasehold rights and interests of private persons, 
firms or corporations in or to harbor areas located within the 
corporate limits of any incorporated city or town are for the 
purpose of assessment for the payment of the cost of local im- 
provements declared to be real property, and all such leasehold 
rights and interests may be assessed and re-assessed in accord- 
ance with the special benefits received, the amount of such as- 
sessment to be limited to the benefits accruing during the term 
of the lease, for the purpose of paying the cost of any such im- 
provement heretofore made or which may hereafter be made 
upon any street or other public place immediately abutting 
upon and within a distance of one-half of a block back from, 
but not exceeding three hundred and fifty (350) feet of, such 
improvement. (Laws '15, p. 363, Sec. 1.) 

SEC. 147-b. LESSEE OF HARBOR AREA MAY APPLY FOR RE- 
LEASE. 

Upon the expiration of any lease of harbor area heretofore 
or hereafter executed, if the lessee desires to re-lease the harbor 
area covered by such lease, he may make application therefor 
to the Board of State Land Commissioners for a re-lease of 
such harbor area. Such application shall be made not more 
than sixty nor less than thirty days prior to the date of the 
expiration of such lease, and shall be in writing and under oath, 



Supplement to Public Land Laws 17 

setting forth the character and value of all improvements ex- 
isting on the harbor area, the name and post office address of 
the owner thereof, the purpose for which he desires to re-lease 
the harbor area, the amount considered by such lessee as the 
reasonable annual rental value thereof, and such other and fur- 
ther information as the Board of State Land Commissioners 
may require. Said application shall be accompanied by a de- 
posit of ten ($10.00) dollars, which deposit, if the said harbor 
area be not leased through the failure or refusal of the appli- 
cant to accept a lease at the rate fixed by the Board of State 
Land Commissioners, shall be forfeited to the state and paid 
to the State Treasurer and credited to the general fund of the 
state. The Board of State Land Commissioners may, upon the 
filing of such an application, cause the harbor area applied for 
to be inspected and a careful investigation of such application 
made; and if said board shall deem it for the best interests of 
the state, it may issue to said applicant a re-lease of said harbor 
area upon such terms and conditions conforming to the pro- 
visions of the constitution of the State of Washington as shall 
be determined upon by said board : Provided, That every such 
lessee shall be required to furnish a surety bond as is now pro- 
vided for in cases of leases of harbor area authorized and exe- 
cuted by said board: And provided further, That this act shall 
not be construed as affecting or relating to the power and au- 
thority of port commissions to lease harbor areas belonging to 
the State of Washington within the territorial limits of port 
districts. (Laws '15, p. 399, Sec. 1.) 

SEC. 180. MINING LEASES AUTHORIZED. 

The Commissioner of Public Lands of the State of Wash- 
ington is hereby authorized to execute leases and contracts for 
the mining of gold, silver, copper, lead, cinnabar or other valu- 
able minerals except coal, from any land or tide and shore lands 
belonging to the state or from any lands or tide and shore 
lands to which the state may hereafter acquire title, subject to 
the conditions hereinafter provided: Provided, however, If 
said lands are not used for mining and are used for other pur- 



18 Supplement to Public Land Laws 

poses the lease or contract shall be immediately cancelled. 
(Laws '15, p. 440, Sec. 1: Amending Sec. 6782, Rem.-Bal.) 

SEC. 180-a. MINING LEASES VALIDATED. 

That leases and contracts heretofore entered into and exe- 
cuted by the Commissioner of Public Lands for the mining of 
gold, silver, copper, lead, cinnabar or other valuable minerals 
except coal, from tide or shore lands be and the same are hereby 
validated. (Laws '15, p. 440, Sec. 2.) 

SEC. 197. RENTAL TERM. 

No lease shall be made by the state for any sum less than 
twenty-five dollars ($25.00) per quarter section of land for 
each year during the term of said lease, and in addition thereto 
the said lease shall provide that the state shall be entitled to 
receive a sum not less than ten per cent, of the gross value of 
all petroleum and natural gas extracted therefrom during the 
term of the said lease, payable semi-annually during said term. 
The term of said lease to be any term not to exceed five years. 
(Laws '15, p. 415, Sec. 9: Amending Sec. 6794, Rem.-Bal.) 

SEC. 202. LOGGING ROADS. 

Any person, corporation or association engaged in the busi- 
ness of logging and lumbering shall have a right of way over 
public lands when necessary, for the purpose of hauling or re- 
moving timber or ties from other lands. Before, however, any 
such right of way grant shall become effective, a written appli- 
cation for and a plat showing the location of such right of way, 
with reference to the adjoining lands, shall be filed with the 
Board of State Land Commissioners, and all timber on said 
right of way, together with the damages to said lands, shall be 
appraised by said board and paid for in cash by the person, 
corporation or association applying for such right of way. The 
Board of State Land Commissioners shall then cause to be is- 
sued in duplicate to such person, corporation or association a 
right of way certificate setting forth the conditions and terms 
upon which such right of way is granted. Whenever said right 
of way shall cease to be used, for a period of two years, for 



Supplement to Public Land Laws 19 

the purpose for which it was granted, it shall be deemed for- 
feited, and said right of way certificate shall contain such a 
provision. One copy of each certificate shall be filed in the 
office of the Commissioner of Public Lands and one copy de- 
livered to the applicant. The forfeiture of said right of way, 
as herein provided, shall be rendered effective by the mailing of 
a notice of such forfeiture to the grantee thereof to his last 
known postoffice address and by stamping the copy of said cer- 
tificate in the office of the Commissioner of Public Lands can- 
celled and the date of such cancellation. For the issuance of 
such certificate the same fee shall be charged as provided in the 
case of certificates for railroad rights of way. (Laws '15, p. 
417, Sec. 12: Amending Sec. 6831, Rem.-Bal.) 

SEC. 218. RAILROADS IMPROVEMENTS TO BE APPRAISED SEP- 
ARATELY. 

Should any improvements made as of right and with license 
from the State of Washington be upon any of such lands at the 
time of said appraisement, the Board of State Land Commis- 
sioners shall separately appraise the same together with the 
damage and waste done to said lands by the use and occupancy 
of the same or to adjacent lands and after deducting from the 
amount of appraisement for improvements the amount of such 
damage and waste the balance shall be determined and regarded 
as the value of said improvements, and the railroad company if 
not the owner of such improvements shall deposit with the Com- 
missioner of Public Lands the value of the same as shown by 
said appraisement within thirty days next following the date 
thereof. The Commissioner of Public Lands shall hold such 
moneys for the period of three months, and unless a demand 
and proof of the ownership of such improvements shall be made 
to the Commissioner of Public Lands within said period of three 
months the same shall be deemed forfeited to the state and de- 
posited with the State Treasurer and paid into the general fund 
of the state. If two or more persons shall, within said period 
of three months, file claims of the ownership of the said im- 
provements with the Commissioner of Public Lands, the Com- 



20 Supplement to Public Land Laws 

missioner shall hold such moneys until a certified copy of a 
judgment decreeing the ownership of said improvements shall 
be filed with him. When a certified copy of a judgment has been 
so filed with the Commissioner of Public Lands, he shall pay to 
the owner thereof, as decreed by said judgment, the appraised 
value of said improvements. Where said right of way affects 
the improvements of any person other than the person owning 
improvements on said right of way or entitled thereto under ex- 
isting law the applicant for said right of way shall file with the 
Commissioner of Public Lands a valid release of damages duly 
executed by such owner or owners, or a certified copy of a judg- 
ment of a court of competent jurisdiction showing that the dam- 
ages resulting to such owner or owners, ascertained in accord- 
ance with existing law, has been made or paid into the registry 
of such court. (Laws '15, p. 418, Sec. 13: Amending Sec. 
6836, Rem.-Bal.) 

SEC. 221. RAILROADS LANDS SOLD SUBJECT TO EASEMENT. 

Upon full payment of the value of such easement ascer- 
tained as aforesaid, any future grant or lease by the state of 
the lands affected by said right of way shall be subject to the 
easements obtained under the provisions of this act : Provided* 
however, That before any such easement shall become effective 
a right of way certificate shall be issued to said railway com- 
pany by the Commissioner of Public Lands, in which the terms 
and conditions of such easement shall be set forth and the lands 
covered thereby described. Such certificate shall be in such 
form as the Commissioner of Public Lands may prescribe. 
(Laws '15, p. 419, Sec. 14: Amending Sec. 6839, Rem.-Bal.) 

SEC. 225. RIGHT TO OVERFLOW. 

The Board of State Land Commissioners is authorized to 
grant any person or corporation the right, privilege, power and 
authority to perpetually back and hold water upon and over 
any land belonging to the State of Washington, and to over- 
flow any such land and inundate the same, if said board deems 
it necessary for the purpose of erecting, constructing, main- 



Supplement to Public Land Laws 21 

taining or operating any water power plant, reservoir or works 
for impounding water for power purposes, irrigation, mining 
or other public use. (Laws '15, p. 416, Sec. 10: Amending 
Sec. 6828, Rem.-Bal.) 

SEC. 226. APPLICATION APPRAISAL. 

The right, privilege, power and authority herein given and 
granted by said Board of State Land Commissioners shall not 
be exercised or enjoyed until the amount of damages appraised 
and fixed by said board shall have been paid by the person or 
corporation to whom such right is granted: Provided, That if 
the construction or erection of any such water power plant, res- 
ervoir or works for impounding water for the purposes as here- 
tofore specified shall not be commenced and be diligently prose- 
cuted and completed within such time as the board may pre- 
scribe at the time such right, privilege, power and authority 
is granted, the same may be forfeited by the Board of State 
Land Commissioners by serving written notice of such for- 
feiture upon the person or corporation to whom the same is 
granted. Such forfeiture shall become effective upon the serv- 
ice of said notice : Provided, further, That said board may ex- 
tend the time within which such work shall be completed if the 
said board deems it necessary. (Laws '15, p. 416, Sec. 11: 
Amending Sec. 6829, Rem.-Bal.) 

SEC. 238-a. TITLE TO RECLAIMED RIVER BED VESTED IN COUN- 
TIES MAKING IMPROVEMENT. 

Whenever two counties of this state, acting under a con- 
tract made pursuant to chapter 54 of the Session Laws of 1913, 
shall make an improvement in connection with the course, chan- 
nel or flow of a river, thereby causing it to abandon its existing 
channel, bed, bank or banks for the entire distance covered by 
said improvement, or for any part or portion thereof, or by 
said improvement shall prevent a river from resuming at a fu- 
ture time an ancient or abandoned channel or bed, or shall con- 
struct improvements intended so to do, all the right, title and 
interest of the State of Washington in and to said abandoned 



Supplement to Public Land Laws 



channel or channels, bed or beds, bank or banks, up to and in- 
cluding the line of ordinary high water, shall be and the same 
is hereby given, granted and conveyed jointly to the counties 
making such improvement. (Laws '15, p. 375, Sec. 1.) 

SEC. 243. CITIES AND CARRIERS MAY BRIDGE WATERWAYS. 

Counties, cities, towns and other municipalities shall have, 
and are hereby given the right to construct bridges and trestles 
across waterways heretofore or hereafter laid out under the 
authority of the State of Washington, and over and across any 
tide or shore lands of the state and harbor areas adjacent 
thereto over which the projected line or lines of any highway 
will run : Provided, Such bridges or trestles are constructed in 
good faith for the purpose of being made a part of the con- 
structed line of such highway. (Laws '15, p. 48, Sec. 1 : Amend- 
ing Sec. 7868, Rem.-Bal.) 

NOTE. For balance of Sec. 243, see Land Code 1914. 

SEC. 260-a. DISSOLUTION DRAINAGE OR DIKING DISTRICTS. 

Any drainage district or diking district in the State of 
Washington may be dissolved by order of the superior court of 
the county wherein the same is organized, upon a hearing had 
upon a verified petition praying for such dissolution, signed by 
not less than two-thirds of the adult land owners of such dis- 
trict, who own in the aggregate not less than three-fourths in 
area of the land contained in said district, when it shall be de- 
termined by the court, that not less than four weeks' notice of 
such hearing has been given by posting notices in five of the 
most public places of the district sought to be dissolved, and 
by the insertion in a weekly newspaper of such county for four 
successive weeks next prior to such hearing, and the costs of 
dissolution have been advanced and that it is for the best inter- 
est of the land owners in said district that the same be dis- 
solved : Provided, The ditches, drains, dikes and other improve- 
ments of dissolved districts, shall be and remain for the common 
use of the land owners in said district so dissolved. (Laws '15, 
p. 3, Sec. 1: Amending Sec. 4180, Rem.-Bal.) 



Supplement to Public Land Laws 



SEC. 456-a. FOR CEMETERY PURPOSES ON SCHOOL LANDS. 

Any cemetery association may purchase, under the provi- 
sion of law governing the sale thereof, a cemetery site or sites, 
of not less than one acre nor more than ten acres each, of any 
school lands of the State of Washington. (Laws '15, p. 419, 
Sec. 15.) 



Supplement to Public Land Laws 



SPECIAL LAWS 

(Chapter references are Session Laws 1915.) 

CHAPTER 25. 

[H. B. 130.] 

AUTHORITY TO DAM MILL OR McALLISTER CREEK, THURSTON 

COUNTY. 

AN ACT authorizing the construction of a dam for diking and drainage 
purposes across Mill or McAllister creek in Thurston county, pro- 
viding for a hearing thereon and for compensation to persons in- 
jured thereby. 

Be it enacted by the Legislature of the State of Washington: 

SECTION 1. A dam to prevent the overflow of lands above 
the same by tides and to permit the drainage of such lands is 
hereby authorized to be constructed across Mill or McAllister 
creek in Thurston county at some point on the said stream 
where it flows through the northwest quarter of the James 
McAllister donation claim in said county. 

SEC. 2. The authority herein given may be exercised by 
the persons who own the lands bordering upon and along said 
stream above the location of said dam or by any number of 
them representing a majority of the foot frontage of property 
along said stream upon application therefor to the Commis- 
sioner of Public Lands and approved by him as hereinafter pro- 
vided. 

SEC. 3. Whenever any one or more of the property owners 
as named in section 2 shall apply to the Commissioner of Public 
Lands for the right to construct a dam on Mill or McAllister 
creek as herein authorized and show that he or they are the 
owners of lands bordering upon or along said Mill or McAllis- 
ter creek above the location of said dam, and that the owners of 
a majority of the front footage along said stream join in said 
petition or waive any objections thereto, the said Commissioner 
shall fix a time for the hearing of such application and shall 
post notices thereof, or cause notices to be posted, in at least 
three places on and along the property affected thereby. If 



Supplement to Public Land Laws 25 



after such hearing he shall satisfy himself that the owners of a 
majority of the land bordering upon and along the said stream 
desire such dam or waive any objections thereto, he shall cause 
the applicants for such right to file a good and sufficient bond 
in amount to be fixed by him to compensate any person or per- 
sons who may claim to be injured by said dam, and upon the 
filing of such bond he shall grant the applicants the right to 
construct such dam. 

SEC. 4. The dam herein authorized shall be built in a good 
and substantial manner to be approved by the Commissioner of 
Public Lands, and it shall also amply provide gates or fishways 
for the passage of fish through the same in a manner to be ap- 
proved by the state fish commissioner. Applicant or applicants 
for the right to construct such dam shall also be responsible for 
the safe upkeep and repair of the same. 

SEC. 5. If any person owning lands or having an interest 
therein bordering on or along said stream shall feel aggrieved 
or his property damaged by the construction or the proposed 
construction of such dam, he shall file his claim with the Com- 
missioner of Public Lands not later than six months after the 
construction of such dam. Upon the filing of such claim the 
Commissioner of Public Lands shall immediately cause an action 
to be brought in the superior court of Thurston county to as- 
certain the amount of such damage, and when so ascertained 
together with the costs in connection with such suit shall be a 
liability against the applicant or applicants to whom was 
granted the right to build such dam, and such claim may be 
enforced against the bond so filed with the said Commissioner 
of Public Lands. 

Approved March 1, 1915. 



26 Supplement to Public Land Laws 



CHAPTER 48. 

[H. B. 49.] 

LAKE WASHINGTON CANAL APPROPRIATION. 

AN ACT appropriating the sum of nineteen thousand five hundred 
thirty-three and 03-100 dollars from the state shore land improve- 
ment fund (said sum being the unexpended balance of the two hun- 
dred and fifty thousand dollars set apart and appropriated by chap- 
ter two hundred and eighteen of the laws of nineteen hundred and 
nine), and providing for the expenditure thereof in connection with 
the construction and improvement of the Lake Washington canal 
in King county, Washington, and appropriating out of the general 
fund twenty-six thousand dollars ($26,000.00) for interest upon 
warrants already issued and to be issued. 

Be it enacted by the Legislature of the State of Washington: 

SECTION 1. That the sum of nineteen thousand five hun- 
dred thirty-three and 03-100 dollars (being the unexpended 
balance of the $250,000.00 set apart and appropriated from 
the state shore land improvement fund, by chapter 218 of the 
Laws of 1909) be and the same is hereby set apart and appro- 
priated out of said state shore land improvement fund, to be 
expended in aid of the United States in the construction and 
improvement of the Lake Washington canal in King county, 
Washington. 

SEC. 2. The appropriation made by section one of this act 
shall be expended under the direction and supervision of the 
United States government engineer in charge of said improve- 
ment ; and the State Auditor shall issue his warrants for the 
payment of the same upon the presentation of proper vouchers, 
approved by the United States engineer in charge : Provided, 
That no warrant shall be issued against said fund unless the 
voucher covering the same be accompanied by a certificate of 
said engineer, approved by the Commissioner of Public Lands, 
to the effect that (as far as all excavation is concerned the cost 
of which is covered by such voucher) the material excavated has 
been deposited on shore lands of the university of the state, or 
other shore lands owned by the State of Washington in Union 
Bay or Lake Union (if any such shore lands adjoin the place 



Supplement to Public Land Laws 27 


of such excavation) in such places, form and amount as the said 

Commissioner shall have designated: And provided farther, 
That in expending the appropriation authorized by this act, 
so much thereof as arises from the sale of shore lands on Lake 
Washington shall be applied to such work as will tend to secure 
increased drainage from Lake Washington into Lake Union, 
and so much of said appropriation as arises from the sale of 
shore lands on Lake Union shall be applied to such work be- 
tween Lake Union and Salmon Bay as will provide adequate 
flowage facilities for the drainage from Lake Washington and 
will provide navigation facilities from tide water into Lake 
Union, all of said expenditure to be in accordance with plans to 
be approved by the United States government engineer and by 
the Commissioner of Public Lands of the State of Washington. 

SEC. 3. That the interest already accrued and to accrue 
on the warrants issued, as provided for in the act approved 
March 21, 1913, chapter 149, Session Laws of the State of 
Washington, and the interest upon the warrants to be issued, 
under the provision of this act shall bear interest at the rate of 
six per cent. (6%) per annum, payable semi-annually. 

SEC. 4. For the purpose of paying interest on the war- 
rants mentioned in section three of this act, the sum of twenty- 
six thousand dollars ($26,000.00), or so much thereof as may 
be necessary, is hereby appropriated out of the general fund. 

SEC. 5. That all interest advanced out of the general fund, 
under and by virtue of this act, shall be repaid to the general 
fund out of the moneys hereinafter coming into the state shore 
land improvement fund available for that purpose. 

Approved March 9, 1915. 

(Laws '15, p. 157.) 




28 Supplement to Public Land Laws 



CHAPTER 77. 

[S. B. 297.] 

CHANGING NAME OF CHEHALIS COUNTY. 
AN ACT changing the name of Chehalis county to Grays Harbor county. 

Be it enacted by the Legislature of the State of Washington: 
SECTION 1. That the name of Chehalis county be, and the 

same is, hereby changed to Grays Harbor county. 
Approved March 15, 1915. 
(Laws '15, p. 250.) 



CHAPTER 78. 

[S. B. 324.] 

OVERFLOW OF STATE SHORE LANDS ON COLVILLE LAKE. 

AN ACT granting to Keystone Water Users' Association for public uses 
and purpose the right and privilege to overflow certain state lands. 

Be it enacted by the Legislature of the State of Washington: 

SECTION 1. That there is hereby granted to the Keystone 
Water Users' Association, a corporation organized and exist- 
ing under the laws of the State of Washington, for the purpose 
of irrigating the lands of its shareholders and not for profit, 
the right and privilege to overflow the shore lands of the state 
bordering on Colville lake, Adams county, up to and including 
the high water mark of said lake. 
Approved March 15, 1915. 
(Laws '15, p. 251.) 



Supplement to Public Land Laics 29 



CHAPTER 88. 

[S. B. 389.] 
VALIDATING SALE OF GRAIN ON STATE LANDS. 

AN ACT relating to the sale and disposition of certain grain grown on 
section 36, township 16 north, range 32 east W. M., and validating 
certain acts of the Commissioner of Public Lands in reference 
thereto. 

Be it enacted by the Legislature of the State of Washington: 

SECTION 1. The action of the Commissioner of Public Lands 
in reference to the sale and disposition of 3,027 bushels of 
wheat grown on section 36, township 16 north, range 32 east 
W. M., during the wheat growing season of the years 1913- 
1914 and the harvesting and preservation of 5,230 bushels of 
wheat grown upon said land is hereby validated and confirmed. 

SEC. 2. The Commissioner of Public Lands is hereby au- 
thorized to sell said 5,230 bushels of wheat now remaining, 
grown upon said land, in such manner and at such time as in 
his judgment will produce the most returns, and to dispose of 
the proceeds of such sale as follows: The proceeds of the sale 
of 2,100 bushels of said wheat first sold shall be paid into the 
state treasury and credited to the same fund as interest upon 
contracts of sale Nos. 3111, 3112, 3113 and 3114 of the office 
of the Commissioner of Public Lands would have been credited 
had said contracts not been cancelled and had interest been paid 
thereon; the proceeds of the sale of 1,200 bushels of said wheat 
next sold shall be paid by said Commissioner to G. A. Metz, or 
his successor, as the trustee in bankruptcy in the matter of the 
bankruptcy of J. L. Fox; the proceeds of the sale of the bal- 
ance of said wheat shall be paid by said Commissioner to J. L. 
Fox for the care and harvesting of said crop. 

SEC. 3. This act is necessary for the immediate preserva- 
tion of the public peace, health and safety and shall take effect 
immediately. 

(Laws '15, p. 266.) 



30 Supplement to Public Land Laws 

CHAPTER 115. 

[H. B. 101.] 

GRANT OF TIDE LANDS TO CITY OF SEATTLE FOR PARK 

PURPOSES. 

AN ACT authorizing and directing the Commissioner of Public Lands 
to certify certain tide lands to the Governor for deed, and directing 
the Governor to execute and the Secretary of State to attest a deed 
conveying to the city of Seattle certain tide lands for use as, and 
in connection with its public parks, and for no other purpose. 

Be it enacted by the Legislature of the State of Washington: 

SECTION 1. That the Commissioner of Public Lands of the 
State of Washington be and he is hereby authorized and di- 
rected to certify, in manner now provided by law in other cases, 
to the Governor, for deed to the city of Seattle, in the State of 
Washington, all of the following described tide lands, to-wit: 

Commencing at the northeast corner of Seaside Addition to 
the city of Seattle, thence N. 47' 10.5" E. 195.828 feet; 
thence N. 32 36' 57.5" W. 241.866 feet to the intersection of 
the mean low water line of Puget Sound, which is the true be- 
ginning of this description ; thence N 32 36' 57.5" W. 599.641 
feet to the United States pierhead line, approved by the war 
department on April 29, 1910; thence along said pierhead line 
S. 48 00' 00" W. 1,652.892 feet; thence S. 61 00' 00" W. 
821.080 feet to the intersection of the pierhead line and the 
westerly margin of tract "h" of the plat of Alki Point projected 
northerly at right angles to Alki Avenue from its intersection 
with the mean low water line; thence S. 21 49' 42.5" E. 
296.799 feet to the mean low water line ; thence along said mean 
low water line N. 67 45' 00" E. 744.700 feet; thence N. 60 
15' 00" E. 898.000 feet; thence N. 46 50' 00" E. 396.000 
feet; thence north 55 30' 00" E. 487.307 feet to the place of 
beginning; also 

Commencing at the intersection of the section line between 
sections 22 and 27, township 24 north, range 3 east, produced 
westerly and the mean low water line of Puget Sound; thence 
N. 89 02' 18.9" W. 122.838 feet; thence N. 52 00' 00" W. 
565.686 feet to the United States pierhead line; thence along 



Supplement to Public Land Laws 31 

said pierhead line S. 7 00' 00" E. 101.137 feet; thence S. 
52 00' 00" E. 565.686 feet; thence S. 89 02' 18.9" E. 80.492 
feet to mean low water line; thence along said mean low water 
line N. 16 47' 00" E. 103.938 feet to the place of beginning; 
also 

Commencing at the intersection of the north line of the 
Park Reserve platted in Lincoln Beach produced westerly and 
the mean low water line of Puget Sound; thence N. 89 46 A 
49.8" W. 318.074 feet; thence N. 52 00' 00" W. 565.686 
feet to the United States pierhead line; thence along said pier- 
head line S. 7 00' 00" E. 296.350 feet; thence S. 52 00' 00" 
E. 565.686 feet; thence S. 89 46' 49.8" E. 177.794 feet to 
the mean low water line ; thence along said mean low water line 
N. 9 00' 00" E. 26.365 feet; thence N. 20 30' 00" E. 285.654 
feet to the place of beginning. 

The property specified in the last two descriptions herein- 
above mentioned is hereby declared to be subject to the right 
of the state at the time of platting the tide lands adjoining said 
described tide lands to produce any street, platted upon such 
plat, across such lands herein conveyed and to dedicate such 
portions of such lands for street purposes. 

SEC. 2. The Governor is hereby authorized and directed to 
execute and the Secretary of State to attest a deed conveying 
to the city of Seattle all of said tide lands. 

SEC. 3. That all of the tide lands described in section one 
(1) of this act be and the same are hereby granted to the city 
of Seattle, in the county of King, State of Washington, to be 
used by said city as a part of and in connection with its public 
park system, and for no other purpose. In case the said city 
of Seattle should attempt to use or permit the use of said lands, 
or any portion thereof, for any other purpose, the same shall 
forthwith revert to the State of Washington, without suit, ac- 
tion or any proceeding whatsoever or the judgment of any 
court forfeiting the same. 

Approved March 17, 1915. 

(Laws '15, p. 335.) 



&% Supplement to Public Land Laws 

CHAPTER 126. 

[S. B. 129.] 
BUDGET SYSTEM FOR STATE OFFICES AND INSTITUTIONS. 

AN ACT providing for the establishment of a budget system for state 
offices, departments and institutions. 

Be it enacted by the Legislature of the State of Washington: 

SECTION 1. On or before the 15th day of October of every 
even-numbered year the several departments, institutions, com- 
missions and officers of the state shall report to the state board 
of finance on forms prescribed and according to the classifica- 
tion adopted by the State Auditor through the bureau of in- 
spection and supervision of public offices, an estimate in item- 
ized form, stating the amount of money required for the conduct 
of such department, institution, commission or office for the bi- 
ennial period beginning on the first day of April thereafter. 

SEC. 2. The State Auditor, through the bureau of inspec- 
tion and supervision of public offices, shall assemble said state- 
ments in proper form and show opposite each request the amount 
of appropriation made for the current biennium and the amount 
expended from each to and including September 30th, immedi- 
ately preceding, also a statement showing the actual revenues 
of the state for the twenty-four months ending September 30th, 
and the estimated receipts from all sources for the next fiscal 
biennium. This statement shall be submitted to the board of 
finance, which shall make such recommendations as it may deem 
proper opposite the requests of the several departments, insti- 
tutions, boards and commissions. This consolidated statement 
shall be known as the State Budget. 

SEC. 3. The departments, institutions, commissions and of- 
ficers of the state, upon request, shall forthwith furnish to the 
state board of finance, any information desired in relation to the 
affairs of their respective departments, institutions, commissions 
-or offices. 

SEC. 4. Upon the convening of each regular session of the 
legislature, the state board of finance shall submit to the legis- 



Supplement to Public Land Laics 



lature said state budget, and shall cause such budget to be 
printed and mailed to each member of the legislature at least 
fifteen days before the convening thereof. 

SEC. 5. Said board may make such investigation of the af- 
fairs of any department, institution, commission or office as it 
may deem proper ; may visit and inspect any department, insti- 
tution, commission or office ; administer oaths ; examine such 
persons as it may deem necessary and compel the production of 
books, papers and records of such department, institution, com- 
mission or office pertaining to its expenditures. Any necessary 
expense incurred in carrying out the provisions of this act shall 
be paid out of the appropriation made by the legislature for 
the executive department. 

Approved March IT, 1915. 

(Laws '15, p. 350.) 



CHAPTER 145. 

[S. B. 141.] 

RELIEF OF PURCHASERS OF TIDE LANDS ON COLUMBIA RIVER 
WITHIN STATE OF OREGON. 

AN ACT for the relief of certain persons, their successors or assigns or 
those asserting or claiming some right, title or interest by, through 
or under them to the tide lands sold, contracted or deeded by the 
State of Washington, which said tide lands are situated in the 
state of Oregon, providing a method of procedure to secure such re- 
lief and making an appropriation therefor. 

Be it enacted by the Legislature of the State of Washington: 

SECTION 1. All persons, firms or corporations to whom the 
State of Washington has sold, contracted to sell or deeded tide 
lands along the Columbia river, which said tide lands are lo- 
cated within the state of Oregon and for which contracts or 
deeds have been issued therefor without right or authority and 
which conveyed no right, title or interest in and to said tide 
lands, because such tide lands were situated within the state of 
Oregon, and all persons, firms or corporations claiming an in- 



Supplement to Public Land Laws 



terest in said tide lands under and by virtue of any such sale, 
contract or deed of the State of Washington shall, upon the 
terms and conditions and in the manner hereinafter provided, 
be entitled to such relief as is provided for in the following sec- 
tions of this act. 

SEC. 2. Any such person, firm or corporation holding a 
contract of sale or deed from the State of Washington for any 
tide lands located within the state of Oregon, or the assigns 
or the successors in interest of any such person, firm or cor- 
poration claiming or asserting any right by, through or under 
any such contract or deed, may file with the Commissioner of 
Public Lands an application for the repayment to such person, 
firm or corporation of all of the moneys paid to the State of 
Washington pursuant to the provisions of any such sale, con- 
tract or deed. Such application shall set forth the name of the 
person, firm or corporation demanding the relief herein pro- 
vided for, an itemized statement of the moneys paid to the State 
of Washington under and by virtue of any such sale, contract 
or deed, a description of the tide lands sold or described in any 
such contract or deed, the date thereof and such other and fur- 
ther information as the Commissioner of Public Lands may re- 
quire. The applicant shall attach to such application a com- 
plete abstract of title of such tide lands, together with a copy 
of the contract or deed issued by the State of Washington and 
under and by virtue of which the relief is applied for, together 
with a waiver of any and all claims of any nature whatsoever 
against the State of Washington that such applicant may have 
by reason of any such sale, contract or deed. Such waiver shall 
be in such form as the Commissioner of Public Lands shall pre- 
scribe. 

SEC. 3. Upon the filing of any such application and papers 
thereto attached, as above provided, the Commissioner of Public 
Lands shall examine the same. He shall also examine and com- 
pare the records and files of his office, and if after such exami- 
nation of the application and the papers thereto attached, to- 
gether with the records of his office relating thereto, he shall be 



Supplement to Public Land Lmcx 35 

fully satisfied that the lands sold or conveyed do not lie within 
the State of Washington, but are situated within the state of 
Oregon, and if he shall be satisfied that the person, firm or cor- 
poration presenting such application is the holder of any such 
contract or deed, or has succeeded to the rights of those to 
whom such contract or deed was issued, and are entitled to the 
relief demanded, he shall prepare a certificate setting forth such 
facts together with a description of the tide lands, the number 
of the contract or deed, the date thereof, the amount of moneys 
received by the state under and by virtue of such contract or 
deed and file the same with the State Auditor : Provided, That 
the Commissioner's refusal to issue a certificate as herein pro- 
vided shall be final and conclusive and not subject to review. 

SEC. 4. The State Auditor shall, when such a certificate is 
filed in his office by the Commissioner of Public Lands, as pro- 
vided for in the preceding section, draw a warrant in favor of 
the applicant, as shown by the certificate of the Commissioner 
of Public Lands and in the amount as set forth in such certifi- 
cate payable to such applicant, and deliver the same to the Com- 
missioner of Public Lands, who shall in turn deliver the same 
to the applicant, taking his receipt therefor. Such receipt and 
the waiver heretofore provided for shall be attached together 
and filed in the office of the Commissioner of Public Lands. 

SEC. 5. For the purpose of carrying out the provisions of 
this act the sum of fifteen thousand dollars, or so much thereof 
as may be necessary, is hereby appropriated out of any fund 
in the state treasury not otherwise appropriated. 

Approved March 18, 1915. 

(Laws '15, p. 401.) 



36 Supplement to Public Land Laws 



CHAPTER 157. 

[S. B. 113.] 

RESERVING CERTAIN LANDS IN COWLITZ COUNTY FROM SALE 

OR LEASE. 

AN ACT relating to the reservation of certain state lands from sale 

and lease. 

Be it enacted by the Legislature of the State of Washington: 

SECTION 1. That all of the shore lands, beds and waters of 
Lake Merrill, in sections 8, 9, 16, 17 and 21, in township seven, 
north of range four east of the Willamette Meridian, in Cow- 
litz county; and all of the lands in said section 16, are hereby 
reserved from sale and lease, and the same shall not be sold or 
leased. 

Approved March 18, 1915. 



CHAPTER 191. 

[S. B. 158.] 
RELATING TO CAPITOL BUILDINGS AND GROUNDS. 

AN ACT relating to the capitol buildings and grounds, the powers and 
duties of the state capitol commission, and the issuance of bonds 
for state capitol purposes, providing for a tax levy for the pay- 
ment of interest, validating certain purchases of land and making 
appropriations. 

Be it enacted by the Legislature of the State of Washington: 

SECTION 1. For the purpose of refunding the warrants out- 
standing against the capitol building fund, and interest ac- 
crued thereon, acquiring additional lands for a site, and erect- 
ing and completing buildings for the state capitol, and other- 
wise carrying out the plans and projects set forth in chapter 59 
of the Laws of 1911, and returning to the general fund advance- 
ments made therefrom for capitol building purposes, the state 
capitol commission may, in its discretion, issue coupon or reg- 
istered bonds of the State of Washington payable only from the 



Supplement to Public Land Laws 37 



capitol building fund in an amount not exceeding four million 
dollars. Such bonds shall bear interest at a rate not to exceed 
five per cent, per annum. Such bonds may be sold in such man- 
ner and in such amounts and at such times as the state capitol 
commission shall determine, at the best price obtainable, but 
not for a sum so low as to make the net interest return to the 
purchaser exceed five per cent, per annum, as computed by 
standard tables, upon such sum, or such commission may ex- 
change any of such bonds at par for capitol building warrants. 
The state capitol commission may allow a brokerage commission 
of not to exceed one-fourth of one per cent, on the bonds issued, 
said commission to be paid from the proceeds of the sale of such 
bonds. None of the proceeds from the sale of such bonds shall 
be used for erecting new buildings other than the Temple of 
Justice until after the warrants outstanding against the capitol 
building fund have been paid or moneys with which to pay the 
same are available and the funds provided and contract let for 
the completion of the Temple of Justice. 

SEC. 2. Bonds issued under the provisions of this act shall 
be in such denominations, and shall be payable in such manner 
and at such place or places and time or times, not longer than 
twenty years from their date, as shall be fixed by the state capi- 
tol commission, and the interest thereon shall be payable semi- 
annually at such place or places, and shall contain such option 
to redeem, if any, as the commission shall prescribe. The com- 
mission may agree and so provide in the bonds that the total 
amount of bonds issued under the provisions of this act shall 
not exceed a designated sum until such bonds shall have been 
paid, but in no event shall such sum be less than two million 
five hundred thousand dollars. Such bonds shall be signed by 
the Governor and State Auditor under the seal of the state, and 
any coupons attached to such bonds shall be signed by the same 
officers whose signatures thereupon may be in facsimile. Any 
bonds may be registered in the name of the holder on presenta- 
tion to the State Treasurer, or at the fiscal agency of the State 
of Washington in New York, as to principal alone, or as to 



38 Supplement to Public Land Laws 

both principal and interest under such regulations as the state 
capitol commission may prescribe. 

SEC. 3. The state capitol commission shall annually, at any 
meeting next preceding the annual meeting of the state board 
of equalization, report to such board the estimate of the amount 
of money necessary to pay all interest charges that may accrue 
during the ensuing year upon any of the obligations outstand- 
ing against the capitol building fund, and the state board of 
equailzation is hereby authorized and required to levy a tax suf- 
ficient to raise such amount in the same manner that other state 
tax levies are made. All moneys thus raised shall constitute a 
special fund to be known as the capitol building interest fund. 
All expenditures made from the capitol building interest fund 
shall be deemed a loan from the general funds of the state, and 
shall be repaid to the general fund from the proceeds of the 
sales or leases of capitol building lands and the timber and ma- 
terials thereon after all other claims against the capitol build- 
ing funds shall have been paid. 

SEC. 4. For the purpose of carrying out the provisions of 
this act, and of chapter 59 of the Laws of 1911, there is hereby 
appropriated from the capitol building fund the sum of one 
million five hundred thousand dollars. 

SEC. 5. The state capitol commission may, before selecting 
the stone to be used in surfacing any building in the state capitol 
group plan, enter into an agreement or agreements with the 
owner or proprietor of any quarry, that such owner or pro- 
prietor will furnish like stone for the buildings to be erected in 
the future on the state capitol site, at the price and upon the 
terms stated in such agreement. 

SEC. 6. Bonds authorized by this act shall be acceptable 
by state, counties, cities, towns, school districts and other mu- 
nicipal corporations of this state as security for the deposit of 
any of their funds in any banking institution in this state. 

SEC. 7. The state capitol commission shall have power in 
the name of the state to acquire by gift, donation, purchase or 
condemnation for capitol building purposes, any or all of the 



Supplement to Public Land Laws 39 

following described property : All of blocks one, two, three and 
four, and lots T, O, P and R, all that part of lot one lying east 
of the Northern Pacific Railway Company's right of way, all 
that part of lot eleven lying south of the Northern Pacific Rail- 
way Company's right of way and lots twelve, thirteen, fourteen 
and fifteen, all in block five, Patterson's Capitol Addition to 
Olympia ; blocks eighty-six, eighty-seven and eighty-eight in 
Sylvester's Plat of the city of Olympia ; also that parcel of land 
lying in the Sylvester Donation Land Claim, bounded on the 
south by the "old capitol site," on the west by Water street, on 
the north by Thirteenth street and on the east by lot ten of 
William's Capitol Addition to Olympia, said parcel of land be- 
ing thirty feet east and west by fifty-four and eighty-six hun- 
dredths feet north and south ; also a tract of land, bounded on 
the north by Patterson's Capitol Addition to Olympia, on the 
east by the "old capitol site," on the south by the southerly line 
of the "old capitol site" extended to the government meander 
line and on the west by the government meander line; and all 
acquisitions of land for state capitol purposes heretofore made 
are hereby validated. Said commission shall have power to enter 
into any agreement and take all necessary steps to remove or 
cause to be removed the high school building now situated on 
block eighty-six to block eighty-eight of Sylvester's Plat or to 
such other site as the commission may decide upon that will be 
acceptable to the original donor of the present site of said high 
school and school board of Olympia and there re-erected, and 
to dedicate said site to high school purposes. 

Passed the Senate February 17, 1915. 

Passed the House March 8, 1915. 

NOTE BY SECRETARY OF STATE. 

The above act filed in the office of the Secretary of State, March 23, 
1915, and allowed to become a law without the approval of the Gov- 
ernor. I. M. HOWELL, 

Secretary of State. 



INDEX. 



ABANDONED CHANNELS: Ch. Sec. Page 

Grant to county making improvement 238-a 21 

ABUTTING OWNER: 

Preference right to purchase tide and shore lands 90 9 

AMENDMENTS Rem. & Bal. Code : 

Section Sec. Page 

4180 260-a 22 

6605 13 4 

6633 32 6 

6667 71-a 6 

6675 83 7 

6681 128 11 

6685 132 12 

6687 135 13 

6690 138 13 

6704-16704-9 (Laws 1911, ch. 59) ... 36 

6750 90-92-93 9 

6782 180 17 

6794 197 18 

6828 225 20 

6829 226 21 

6831 202 18 

6836 218 19 

6839 221 20 

7868 243 22 

9204 5-a 3 

APPLICATION : 

Conflicting, hearings on 93 9 

Damages, payment 226 21 

Easement 202 18 

Lease, school and granted lands 128 11 

Reversionary right of state to oyster lands 124-b 10 

Right to overflow state lands 225 20 

Tide and shore lands in Oregon 145 2 33 

APPRAISERS, BOARD OF : 

Board of State Land Commissioners to serve as 13 4 

ASSISTANT AUDITOR AND CASHIER : 

Bond for 8-a 4 

AUDITOR, STATE : 

Member State Board Equalization 5-a 3 

BOARD OP APPRAISERS: 

Board of State Land Commissioners to serve as 13 4 

BOARD OF STATE LAND COMMISSIONERS : 

Appraise damages for overflow, payment 226 21 

Approval of withdrawal of clam and mussel beds 21 5 

Authorize sale of grain or crops 141-a 15 

Determine preference right to purchase abutting 

tide lands, first class 93 9 



.Index 



BOARD OF STATE LAND COMMISSIONERS CONTINUED : 

Ch. Sec. Page 

Members of, how constituted 13 4 

Powers and duties 13 4 

Right to overflow state lands 225 20 

Right of way for logging 202 18 

Sale of timber damaged by fire 71-a 6 

BOND: 

Assistant auditor and cashier 8-a 4 

BRIDGES AND TRESTLES . 

Across waterways, tide lands, harbor area 243 22 

Must be part of line of highway 243 22 

BUDGET (See STATE BUDGET). 

CAPITOL BUILDINGS AND GROUNDS: 

Bonds, issuance and sale 191 1, 2 36 

Tax levy for interest charges 191 3 38 

Appropriation from capitol building fund 191 4 38 

Stone for buildings 191 5 38 

Bonds as security for deposits public funds 191 6 38 

Lands for buildings, acquisition of 191 7 38 

CEMETERIES : 

Sites on school lands 456-a 23 

CERTIFICATE : 

Commissioner's fee for 32 6 

Logging road right of way, issuance 202 18 

Right of way for railroad 221 20 

CHEHALIS COUNTY: 

Name changed to Grays Harbor. 77 1 28 

CLAM AND MUSSEL BEDS : 

Withdrawal of, approval by Board of State Land 

Commission 21 5 

COLUMBIA RIVER : 

Relief of purchasers of Oregon tide lands 145 1 33 

COLVILLE LAKE : 

Overflow of shore lands, grant of right 71 1 28 

COMMISSIONER OF PUBLIC LANDS : 

Authority to sell certain grain 88 2 2i> 

Confirming action in sale of grain 88 1 29 

Disposition of proceeds of sale 88 2 29 

Declare forfeiture in default of rent 135 13 

Keep record of leases 135 13 

Issue receipts for moneys received on leases 132 12 

Issue right of way certificates 221 20 

Certify deed to Seattle for certain tide lands 115 1 30 

Fees of 32 6 

Improvements on leased lands, value to be fixed 128-a 12 

Improvements on right of way, payment for 218 19 

Lease for mining, to execute 180 17 

Member Board State Land Commissioners 13 4 

Member State Board of Equalization and secretary 5-a 3 

Proceeds from sale of crops or grain 141-a 15 

Sale of growing crops or grain 141-a 15 

Receipts for leases, issuance of . ... 132 12 

Tide and shore lands, dividing line 87-a 8 



Index 



COUNTIES : Cli. Sec. Page 

Bridges over tide and shore lands, may construct 243 22 

Title to reclaimed river beds 238-a 21 

COUNTY AUDITOR: 

Lease of granted lands, report of 132 12 

COWLITZ COUNTY : 

Lands reserved from sale or lease 157 1 36 

DAMAGES : 

Overflow of state lands, appraised 226 21 

Settlement for, railroad right of way 218 19 

DIKING DISTRICTS : 

Dissolution of 260-a 22 

Use of improvements to owner of land 260-a 22 

DRAINAGE DISTRICTS : 

Dissolution of 260-a 22 

Use of improvements to owner of land 260-a 22 

EASEMENTS (See RIGHTS OP WAY) : 

Application for logging 202 18 

Board of State Land Commissioners to grant 202 18 

To overflow state lands 225 20 

PEES: 

Commissioner's, schedule of 32 6 

FORFEITURE : 

Right to overflow state land 226 21 

Right of way for logging 202 18 

Improvements on state land 138-a 15 

Lease, failure of payment of rent 135 13 

Failure to make improvements 83 7 

Deposit fee, application for re-lease 138 13 

GAS: 

Terms of lease 197 18 

GOVERNOR : 

To execute deed to Seattle tide lands for park 115 2 30 

GRAIN : 

Commissioner to sell 88 1,2 29 

Commissioner to sell 141 15 

GRANTED LANDS (See LEASES, GRANTED LANDS). 

GRAYS HARBOR COUNTY : 

Formerly Chehalis county 77 1 28 

HARBOR AREAS : 

Assessments of leases for local improvements 147-a 16 

Bridges and trestles over, authority to build 243 22 

Lease of (See LEASE OF HARBOR AREA). 

HARBOR LINE COMMISSION: 

Duties vested in State Board of Land Commissioners ... 13 4 



44 



Index 



IMPROVEMENTS: Ch. Sec. Page 

Appraisal when applicant refuses to re-lease 138 18 

Board of Land Commissioners may prescribe as part 

of terms of sale 83 7 

Forfeiture after expiration of lease 138-a 15 

Payment for, after refusal to re-lease 138 13 

Railways, damaging by, payment 218 18 

Tide and shore lands, preference right to purchase 92 9 

Value, limit of, on leased lands 128-a 12 

KEYSTONE WATER USERS ASSOCIATION : 

Right to overflow state shore lands, Colville Lake , . 78 1 28 

LAKE MERRILL: 

Shore, beds and waters reserved 157 1 36 

LAKE WASHINGTON IMPROVEMENT: 

Appropriation in aid of improvement 48 1 26 

Expended under U. S. government engineers 48 2 26 

Warrants to draw interest 6% per cent 48 3 27 

Interest, appropriation for 48 4 27 

Interest repaid to state from state shore land im- 
provement fund 48 5 27 

LEASES : 

For mining, execution of 180 17 

Validating, for mining on tide and shore lands 180-a 18 

LEASE OF GRANTED LANDS : 

Application for 128 11 

To highest bidder 128 11 

Fees 32 6 

Lessee's right to re-lease 138 11 

Appraisal of improvements 138 11 

Of oil and gas land, minimum terms 197 18 

Limit on value of improvements on leased lands 128-a 12 

Extension of limit of value 128-a 12 

Lessee not to hold over after expiration of lease 138-a 15 

Improvements, time for removal 138 a 15 

Payment for improvements 138-a 15 

Forfeiture 138-a 15 

Mining 180 18 

LEASES OF HARBOR AREAS : 

Assessment for local improvements 147-a 16 

Release of, application 147-b 16 

Lessee to furnish surety bond 147-b 16 

Not within port district 147-b 16 

LEASE OF OIL LANDS : 

Rental, royalty 197 18 

Term not to exceed 5 years '. 197 18 

LOCAL IMPROVEMENTS : 

Harbor area leaseholds may be assessed 147-a 16 

LOGGING ROADS : 

Rights of way, grant of 202 18 

MERRILL LAKE : 

Shore lands and waters reserved from sale 157 1 36 



Index 



MILL OR MCALLISTER CREEK CH. sec. Page 

Authority to construct dam across 25 1 24 

How authority may be exercised 25 2 24 

Commissioners to fix time hearing 25 3 24 

Applicant to file bond 25 3 24 

Dam to be approved by land and fish commissioners 25 4 25 

Claim for damages, how enforced 25 5 25 

MINING : 

Commissioner of public lands authorized to execute 

leases for 180 17 

NAVIGABLE WATERS: 

Tide and shore lands in rivers, dividing line to be 

located 87-a 8 

OIL: 

Terms of lease 197 18 

OVERFLOW : 

Application for, conditions 225 20 

Damages for, to state lands, appraisal, payment 226 21 

Right granted to, state lands 225 20 

Right on Colville Lake, grant 78 1 28 

OYSTER LANDS : 

Purchase additional rights 124-a 10 

Sale of reversionary right of state 124-b 10 

application for 124-b 10 

deed, condition 124-b 10 

Contract for sale on installments 124-c 11 

subject to cancellation 124-c 11 

may pay more than one installment 124-c 11 

"State oyster reserve fund" created 124-d 11 

PETROLEUM : 

Terms of lease 197 18 

PORT COMMISSION (See LEASES, HARBOR AREA). 

PREFERENCE RIGHT: 

Tide and shore lands, abutters' right to purchase 90 9 

Improvers' right to purchase 92 9 

PUBLIC PARK : 

Grant to Seattle for 115 3 31 

RAILROADS (See RIGHTS OF WAY) : 

Appraisement of improvements on right of way, sepa- 
rate 218 19 

Minimum value of land prescribed 218 19 

Future grant to, subject to easement 221 20 

Right of way certificate 221 20 

RECLAMATION OF RIVER BEDS: 

Title vested in counties 238-a 21 

RE-LEASE : 

Granted lands, lessee prior right 138 13 

Harbor area, right of lessee 147-d 16 



46 Index 



RELIEF : Cli. Sec. Page 

Purchasers of Columbia River tide lands in Oregon. . 145 1 33 

RENTAL : 

Of oil and gas lands, minimum prescribed 197 18 

RESERVATION : 

Shore, beds and waters of Lake Merrill reserved from 

sale 157 1 36 

RIGHT OF WAY : 

Logging and lumbering 202 18 

Impound water for mining, irrigation 225 20 

Railways, improvements, damages for to be paid 218 19 

minimum value 218 19 

RIVERS : 

Abandoned channels granted to counties 238-a 21 

Tide and shore lands in, located 87-a 8 

SALES : 

Grain or crops 141-a 15 

Grain or crops, validating 88 1,2 29 

Terms of, state lands 83 7 

Timber damaged by fire 71-a 6 

SCHOOL LANDS (See LEASES OF GRANTED LANDS) : 

Cemetery association may purchase site 456-a 23 

SECRETARY OF STATE: 

Attest deed to Seattle tide lands for park 115 2 30 

Member Board State Land Commissioners 13 4 

STATE BQARD OF EQUALIZATION : 

Members, organization, powers and duties 5-a 3 

STATE BOARD OF LAND COMMISSIONERS : 

Reserves for clam and mussel beds 21 5 

How constituted 13 4 

STATE BUDGET: 

Creating biennial budget 126 1 32 

Compilation of budget 126 2 32 

State board of finance to have information 126 3 32 

Budget to be submitted to legislature 126 4 32 

State board of finance to investigate departments and 

offices 126 5 33 

STATE LAND COMMISSIONER (See COMMIS- 
SIONER PUBLIC LANDS). 

STATE OYSTER RESERVE FUND: 

Creation of 124-d 11 

How maintained and extended 124 d 11 

TIDE AND SHORE LANDS : 

Abutting owners, right to apply for 90 9 

Bridges and trestles across 243 22 

Columbia River in Oregon, relief of purchasers along 145 1 33 

application for repayment 14," 2 :M 

appropriation 145 5 35 

auditor to draw warrant 145 4 35 

commissioner to certify to auditor 145 3 34 

Conflicting right to purchase determined 93 9 



Index 47 



TIDE AND SHORE LANDS CONTINUED : Ch. Sec. Page 

Dividing line of, in rivers 87-a 8 

Grant to Seattle for park purposes 115 1 30 

Owners of improvements on, exclusive right for 60 

days 92 9 

TIMBER (See BOARD STATE LAND COMMIS- 
SIONERS) : 

Damaged by fire 71-a 6 

Removal of, extension of time 75-a 6 

TREASURER, STATE: 

Member Board State Land Commissioners 13 4 

WATERS (See RIVERS; ABANDONED CHANNELS). 

WATERWAYS : 

Bridges and trestles across 243 22 



STATE OF WASHINGTON 



LAWS 



RELATING 

TO THE 



PUBLIC LANDS 

OF THE STATE 

Including the Pertinent Acts of Congress and 
Provisions of the State Constitution 



Compiled and Annotated 
FOR 

CLARK V. SAVIDGE 

Commissioner of Public Lands 

BY 
CARROLL A. GORDON 



Notes cover Decisions of the Supreme Court to and including 
Volume 74 of Washington Reports, and opinions of the 
Attorney General to January 1, 1914 



JANUARY, 1914 



OLTMPIA, WASH. 

FRANK M. LAMBORN <B *3$i^ I> PUBLIC PRINTER. 
1914 



EXPLANATION OF ABBREVIATIONS. 



*Asterisk preceding a section number, except in foot notes, indicates 

that the same has been amended. 
Brackets indicate words inserted in compilation to correct obvious 

mistakes or supply omissions. 
CENT. DIG.: American Digest, Century Edition. 
COMP. STAT.: United States Compiled Statutes, 1901. 
CONST.: Constitution of the State of Washington. 
FED.: Federal Reporter. 

FED. STAT. ANN.: Federal Statutes Annotated, 1906. 
HOW.: Howard's United States Reports. 

L. D.: Decisions of Interior Department relating to Public Lands. 
LAND DEC.: Same. 

L. ED.: U. S. Supreme Court Reports, Lawyers' Co-op. Pub. Co. Edition. 
OPN'S. ATTY. GEN'L.: Opinions of Attorney General, Washington. 
P. : Page. 

PAC.: Pacific Reporter. 

PIERCE.: Pierce's Washington Code, 1912. 
REM.-BAL.: Remington & Ballinger's Annotated Codes. 
REM. DIG.: Remington's Washington Digest. 
S. C. R.: Supreme Court Reporter, United States. 
SEC.: Section. 
SPL. SESS.: Special Session. 
SUPP.: Supplement. 

U. S.: United States Supreme Court Reports. 
WASH.: Washington Reports. 
WASH. TER. : Washington Territory Reports. 



LAWS GOVERNING THE SALE AND DIS- 

POSAL OF THE PUBLIC LANDS OF 

THE STATE OF WASHINGTON. 



CLARK V. SAVIDGE 

Commissioner of Public Lands. 



PART I. CONSTITUTIONAL PROVISIONS. 
PART II. STATE LAWS. 
PART III. ACTS OF CONGRESS. 



PART 1. 
PART 2. 

CHAP. 

CHAP. 

CHAP. 

CHAP. 

CHAP. 

CHAP. 

CHAP. 

CHAP. 

CHAP. 

CHAP. 

CHAP. 

CHAP. 

CHAP. 

CHAP. 

CHAP. 

CHAP. 

CHAP. 

CHAP. 

CHAP. 

CHAP. 

CHAP. 

CHAP. 

CHAP. 

CHAP. 

CHAP. 

CHAP. 

CHAP. 

CHAP. 



1. 



Sec. 13. 



TABLE OF CHAPTERS. 

CONSTITUTIONAL PROVISIONS. 
STATE LAWS: 
1. Commissioner of Public Lands: Sec. 

State Land Claim Agent: Sec. 9. 

Board of State Land Commissioners: 

Appeals to Superior Courts: Sec. 22. 

Funds; Custody and Accounting: Sec. 32. 

Selection of Granted Lands: Sec. 42. 

Escheat, Gift and Forfeiture: Sec. 56. 

Appraisement and Sale: Sec. 59. 

Sale of Tide and Shore Lands: Sec. 87. 

Contracts of Sale and Deeds: Sec. 106. 

Sale of Oyster Lands: Sec. 114. 

Lease of Uplands: Sec. 128. 

Lease of Tide and Shore Lands: Sec. 142. 

Lease of Harbor Areas: Sec. 147. 

Lease of Waterways: Sec. 163. 

Lease of Oyster Lands: Sec. 170. 

Lease of Mineral Lands: Sec. 180. 

Lease of Oil Bearing Lands: Sec. 194. 

Rights of Way and Other Easements: Sec. 

Eminent Domain: Sec. 246. 

Trespass on State Lands: Sec. 261. 

Public Waterways: Sec. 273. 

Improvement of Waterways and Tide Lands: 

Subdivision and Platting: Sec. 296. 

Platting Tide and Shore Lands: Sec. 306. 

Taxation of Interests in State Lands: Sec. 325. 

Same; Local Improvements: Sec. 333. 

Natural Oyster Lands: Sec. 355. 



2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 
10. 
11. 
12. 
13. 
14. 
15. 
16. 
17. 
18. 
19. 
20. 
21. 
22. 
23. 
24. 
25. 
26. 
27. 
28. 



201. 



Sec. 286. 



TABLE OF CHAPTERS 



PART 2. STATE LAWS CONTINUED. 

CHAP. 29. Irrigation of State Lands: Sec. 370. 

CHAP. 30. Same; United States Reclamation: Sec. 386. 

CHAP. 31. Irrigation of Government Lands by State: Sec. 393. 

CHAP. 32. Confirmation of Territorial Sales: Sec. 416. 

CHAP. 33. Capitol Building Lands: Sec. 425. 

CHAP. 34. Agricultural College Lands: Sec. 436. 

CHAP. 35. University Lands: Sec. 442. 

CHAP. 36. Sales Under Special Acts: Sec. 450. 

CHAP. 37. Tide and Shore Lands; Surveys and Sales under Special 
Acts: Sec. 461. 

CHAP. 38. Grants of Lands by Special Acts: Sec. 512. 

CHAP. 39. Reservation of Lands by Special Acts: Sec. 560. 

CHAP. 40. Miscellaneous Private Acts: Sec. 570. 
PART 3. ACTS OP CONGRESS : 

CHAP. 41. Early Reservation of Lands: Sec. 578. 

CHAP. 42. Grants of Lands (Enabling Act) : Sec. 581. 

CHAP. 43. Selection of Granted Lands: Sec. 593. 

CHAP. 44. Grant of Irrigated Lands (Carey Act): Sec. 605. 

CHAP. 45. Irrigation by United States (Reclamation Act) : Sec. 611. 

CHAP. 46. Reservation of National Forests: Sec. 623. 

CHAP. 47. Miscellaneous Acts: Sec. 636. 



PART ONE. 



PROVISIONS OP THE STATE CONSTITUTION RELATING TO 
STATE LAND AND HARBORS. 



ART. 



Ill, SEC. 1. 



PUBLIC LANDS- 



ART. 



ART. 



ART. 



ART. 

ART. 
ART. 
ART. 
ART. 



IX, 



COMMISSIONER OF 
Executive Officer. 

Term of office. 

Duties and compensation. 

Office at capital. 

PUBLIC SCHOOLS State to provide. 

Defined Provision for support. 

Common school fund. 

HARBORS Establishment of lines. 

Lease and use of. 

Extension of streets over. 

GRANTED LANDS Limitations on sale. 

Manner of sale. 

Sale of timber and stone. 

To be sold in parcels. 

TIDE AND SHORE LANDS State owns. 

Government patents confirmed. 

WATERS Public uses defined. 

STATE BOUNDARIES Defined. 

JURISDICTION State and Federal. 

GOVERNMENT LANDS Title disclaimed. 

PUBLIC SCHOOLS Covenant to maintain. 

TERRITORIAL LAWS AND GRANTS 

Effect of. 

NOTE: The act of Congress enabling the Territory of Washington to 
become a state was approved February 22, 1889. Pursuant thereto a con- 
vention was formed for the drafting of a constitution, which was sub- 
mitted to and adopted by the voters at an election held on October 1, 
1889. The constitution was approved and the State admitted into the 
Union by the President's proclamation of November 11, 1889. 



SEC. 3. 
SEC. 23. 
SEC. 
SEC. 
SEC. 
SEC. 

XV, SEC. 
SEC. 
SEC. 

XVI, SEC. 
SEC. 
SEC. 
SEC. 

XVII, SEC. 
SEC. 

XXI, SEC. 
XXIV, SEC. 
XXV, SEC. 
XXVI, SEC. 
SEC. 
ART.. XXVII, SEC. 



24. 
1. 
2. 
3. 
1. 
2. 
3. 
1. 
2. 
3. 
4. 
1. 
2. 
1. 
1. 
1. 
2. 
4. 
2. 



ART. Ill, SEC. 1. EXECUTIVE DEPARTMENT COMMISSIONER 
OF PUBLIC LANDS. 

The executive department shall consist of a Governor, 
Lieutenant Governor, Secretary of State, Treasurer, Auditor, 
Attorney General, Superintendent of Public Instruction, and 
a Commissioner of Public Lands, who shall be severally chosen 



6 CONSTITUTION 

ARTS. III-IX COMMISSIONER SCHOOLS. 

by the qualified electors of the state at the same time and place 
of voting as for the members of the Legislature. 

Cited in 4 Wash. 25 ; 28 Wash. 497 ; 33 Wash. 459 ; 68 Wash. 148 ; 47 Wash. 
608; 59 Wash. 493. 

ART. Ill, SEC. 3. TERMS OF OFFICE. 

The Lieutenant Governor, Secretary of State, Treasurer, 
Auditor, Attorney General, Superintendent of Public Instruc- 
tion, and Commissioner of Public Lands, shall hold their offices 
for four years, respectively, and until their successors are elected 
and qualified. 

Term of office, Laws, sec. 1, post. 

Cited in 4 Wash. 26 ; 28 Wash. 16 ; 29 Wash. 338 ; 59 Wash. 494. 

ART. Ill, SEC. 23. COMMISSIONER'S DUTIES AND COMPENSA- 
TION. 

The Commissioner of Public Lands shall perform such duties 

and receive such compensation as the Legislature may direct. 
Salary of Commissioner: Laws, sec. 2, post. 
Cited in 27 Wash. 83 ; 44 Wash. 616 ; 47 Wash. 608 ; 74 Wash. 579-583. 

ART. Ill, SEC. 24. OFFICE AT CAPITAL. 

The Governor, Secretary of State, Treasurer, Auditor, 
Superintendent of Public Instruction, Commissioner of Public 
Lands, and Attorney General shall severally keep the public 
records, books and papers relating to their respective offices, 
at the seat of government, at which place also the Governor, 
Secretary of State, Treasurer, and Auditor shall reside. 

Commissioner custodian of records: Laws, sees. 5, 6 and 16. post. 

ART. IX, SEC. 1. EDUCATION. 

It is the paramount duty of the state to make ample provision 
for the education of all children residing within its borders, 
without distinction or preference on account of race, color, 

caste, or sex. 

See, also: Sec. 1 of Art. 13, and, post, sec. four of Art. 26. 

Cited in 7 Wash. 107 ; 13 Wash. 699 ; 16 Wash. 576 ; 17 Wash. 139 ; 40 
Wash. 105. 

ART. IX, SEC. 2. PUBLIC AND COMMON SCHOOLS. 

The Legislature shall provide for a general and uniform 
system of public schools. The public school system shall in- 



CONSTITUTION 7 

SCHOOL FUND. ART. IX 

elude common schools, and such high schools, normal schools, 
and technical schools as may hereafter be established. But the 
entire revenue derived from the common school fund, and the 
state tax for common schools, shall be exclusively applied to the 
support of the common schools. 

Cited in 6 Wash. 121 ; 16 Wash. 576 ; 17 Wash. 139 ; 29 Wash. 595 ; 40 Wash. 
105 ; 51 Wash. 501 ; 70 Wash. 300. 

A common school, within this section, means one that is common to all chil- 
dren of proper age and capacity, free, and subject to and under the control of 
the voters of the district : School Dist. v. Bryan, 51 Wash. 498. 

A department of a state normal school wherein a portion of the school chil- 
dren of a district are given instruction which they would otherwise receive in 
the district schools is not a part of the common school system within this sec- 
tion, and no part of the common school fund can be applied to the support of 
such department : idem. 

ART. IX, SEC. 3. COMMON SCHOOL FUND. 

The principal of the common school fund shall remain 
permanent and irreducible. The said fund shall be derived 
from the following sources, to-wit: Appropriations and dona- 
tions by the state to this fund; donations and bequests by in- 
dividuals to the state or public for common schools ; the pro- 
ceeds of lands and other property which revert to the state by 
escheat and forfeiture; the proceeds of all property granted to 
the state when the purpose of the grant is not specified, or is 
uncertain ; funds accumulated in the treasury of the state for 
the disbursement of which provision has not been made by law; 
the proceeds of the sale of timber, stone, minerals, and other 
property from school and state lands, other than those granted 
for specific purposes ; all moneys received from persons appro- 
priating timber, stone, minerals or other property from school 
and state lands other than those granted for specific purposes, 
and all moneys other than rental recovered from persons tres- 
passing on said lands ; five per centum of the proceeds of the sale 
of public lands lying within the state, which shall be sold by the 
United States subsequent to the admission of the state into the 
Union as provided by section 584 of the following code; the 
principal of all funds arising from the sale of lands and other 
property which have been and hereafter may be, granted to the 
state for the support of common schools. The Legislature may 



8 CONSTITUTION 

ART. XV HARBORS. 

make further provisions for enlarging said fund. The interest 
accruing on said fund, together with all rentals and other 
revenues derived therefrom, and from lands and other property 
devoted to the common school fund, shall be exclusively applied 

to the current use of the common schools. 

Proceeds of sale of granted lands: see Laws, sec. 41, post, and 
notes thereto. 

Escheats and forfeitures: Laws, sec. 56 et seq., post. 

See generally the Enabling Act, Laws, sec. 581 et seq., post. 

This section is executed by Laws '09, p. 320, sees. 1-3 (sees. 4598- 
4600 Rem.-Bal.). 

Cited : 17 Wash. 139 ; 40 Wash. 105 ; 51 Wash. 501. 

The sale of lands and proceeds thereof cannot be used as provided in Laws 
of 1895, p. 5. for the erection of normal school buildings : State ex rel. Heuston 
v. Maynard, 31 Wash. 132. 

ART. XV, SEC. 1. HARBORS AND HARBOR LINES. 

The Legislature shall provide for the appointment of a 
commission whose duty it shall be to locate and establish harbor 
lines in the navigable waters of all harbors, estuaries, bays, and 
inlets of this state, wherever such navigable waters lie within 
or in front of the corporate limits of any city or within one mile 
thereof upon either side. The state shall never give, sell, or lease 
to any private person, corporation, or association any rights 
whatever in the waters beyond such harbor lines, nor shall any 
of the area lying between any harbor line and the line of ordinary 
high tide, and within not less than fifty feet nor more than 600 
feet of such harbor line (as the commissioners shall determine) 
be sold or granted by the state, nor its right to control the 
same relinquished, but such area shall be forever reserved for 
landings, wharves, streets, and other conveniences of navigation 
and commerce. 

Commission constituted: Laws, sec. 13, post. 

Establishment of harbor lines: Laws, sec. 306 et seq., post. 

See next section, and notes, and notes to Art. XVII, post. 

Cited in 1 Wash. 301 ; 2 Wash. 250 ; 4 Wash. 9 ; 7 Wash. 120-152 ; 13 Wash. 
66 ; 17 Wash. 655 ; 19 Wash. 46 ; 22 Wash. 100 ; 25 Wash. 223 ; 53 Wash. 219 ; 
54 Wash. 533 ; 56 Wash. 660 ; 64 Wash. 315 ; 71 Wash. 107. 

See 2 Remington's Digest, pp. 2404-2410, sees. 84-101; 4 Remington's Digest, 
pp. 872-874, sees. 84-101. 

What waters are navigable : Note to Const., Art. XVII, sec. 1, post. 

Tide lands and the beds of navigable waters belong to the state, with full 
power of disposition, subject only to the restrictions of state and national con- 



CONSTITUTION 9 

HARBORS. ART. XV 

stitutions ; and no individual can claim any easement in .or impose any servitude 
upon them without legislative consent : Eisenbach v. Hatfteld, 2 Wash. 236. 

The act of '54 (sec. 236, Laws, post) created no more than a license to the 
riparian owner to extend wharves into navigable water, and as to lands within 
a mile of cities and towns such license was revoked by this article : idem. 

This article is no more than a limitation upon the legislature, prohibiting 
it from disposing of the sea or river bed beyond harbor lines, in front of cities 
and towns : idem. 

The riparian owner has no such interest in the tide lands and tide waters 
that the building by the state or its grantees of wharves and other structures 
upon the shores of navigable waters will constitute a taking or damaging of pri- 
vate property for public use : idem. 

The rights of the state are subject to the right of the United States to 
regulate commerce : Harbor Commission v. State, 2 Wash. 530. 

And the United States is the only power to object to legislation of the state 
opposed to that of Congress on the subject of navigation and harbor lines: idem; 
Palmer v. Peterson, 56 Wash. 74. 

But the fact that the United States established its pierhead line beyond the 
outer harbor line established by the state does not authorize the extension of 
structures beyond the harbor line : Wilson v. Ore.-Wash. R. & N. Co., 71 Wash. 
102. 

The word "cities" includes the word "towns" and harbor lines are to be laid 
down in front of the latter : State ex rel. Stimson Mill Co. v. Harbor Line 
Commissioners, 4 Wash. 6. 

Harbor lines once established shall not be vacated : Wilson v. State Land 
Commissioners, 13 Wash. 65. 

ART. XV, SEC. 2, LEASE OF HARBOR AREAS. 

The Legislature shall provide general laws for the leasing of 
the right to build and maintain wharves, docks, and other 
structures upon the areas mentioned in section 1 of this article, 
but no lease shall be made for any term longer than thirty 
years, or the Legislature may provide by general laws for the 
building and maintaining upon such area, wharves, docks, and 
other structures. 

Lease of harbor areas: Laws, sec. 147 et seq., post. 

Cited in 1 Wash. 46 ; 2 Wash. 250-260 ; 7 Wash. 152 ; 13 Wash. 68 ; 19 Wash. 
47; 17 Wash. 655; 22 Wash. 101; 25 Wash. 223; 54 Wash. 533-541. 

See 2 Remington's Digest, p. 2406, sec. 91. 

"Other structures," as used herein, means "other conveniences of navigation 
and commerce," as found in the preceding section : State ex rel. Denny v. 
Bridges, 19 Wash. 44 ; State ex rel. Hulme v. Grays Harbor & P. S. R. Co., 54 
Wash. 530. 

The state may build wharves and other conveniences or may lease such right 
to individuals, whose right will be limited to the operation of improvements for 
the convenience of navigation and commerce and to charge therefor under state 
regulation : State ex rel. Trimble v. Bridges, 22 Wash. 98. 

Since the word "commerce" includes the word "navigation," as used in sec- 
tion 1 of this article, a railroad, being a convenience of commerce, is within the 
classification of structures for which harbor areas are reserved : State ex rel. 
Hulme v. Grays Harb. & P. S. R. Co., 54 Wash. 530. 



10 CONSTITUTION 

ART. XV HARBORS. 

But a structure for the curing and canning of fish, conducting a wholesale 
fish market, and manufacturing ice to supply steamboats is npt such a con- 
venience : State ex rel. Denny v. Bridges, 19 Wash. 44. 

The fact that the United States established its pierhead line beyond the har- 
bor line established by the state does not authorize the lessee of the harbor 
area to extend his structures beyond the line laid down by the state : Wilson v. 
Ore.-Wash. R. & N. Co., 71 Wash. 102. 

Subject to the approval of the Board of State Land Commissioners, the les- 
see of harbor area may occupy the same to its full extent with structures of the 
prescribed class, even if the flow of water be entirely excluded thereby : Wilson 
v. Ore.-Wash. R. d N. Co., 71 Wash. 102. 

ART. XV, SEC. 3. STREETS OVER HARBOR AREAS. 

Municipal corporations shall have the right to extend their 
streets over intervening tide lands to and across the area re- 
served as herein provided. 

Statutory authority of cities: sec. 308 et seq., Laws, post; see note 
to sec. 309 Laws, post. 

See two preceding sections and notes. 

Street extensions validated: sec. 314, Laws, post. 

Cited in 2 Wash. 250 ; 4 Wash. 9 ; 6 Wash. 334-387 ; 7 Wash. 152 ; 10 Wash. 
462; 11 Wash. 231; 13 Wash. 67 ; 17 Wash. 658; 19 Wash. 429; 53 Wash. 220; 
56 Wash. 660; 64 Wash. 315. 

See 2 Remington's Digest, p. 2405, sec. 88 ; 4 Remington's Digest, p. 873, 
sec. 88. 

EXERCISE OF THE RIGHT: 

Even before the adoption of the present definition by statute (sees. 59 and 
87, post) "intervening tide lands" extended from ordinary high water to the in- 
ner harbor line, regardless of the location of the line of low tide : State ex rel. 
McKenzle v. Forrest, 11 Wash. 227. 

The right of a city to extend its streets does not continue after the platting 
of the tide lands : State ex rel. Gateert-Schwabacher Land Co. v. Bridges, 19 
Wash. 428. 

Such streets must be extensions of existing upland streets : Seattle & Mont. 
R. Co. v. State, 7 Wash. 150. 

And they must be projected in the same general direction and with the same 
width : Ilwaco v. Ilwaco R. Co., 17 Wash. 652. 

But with the consent of the state, streets may be extended in any direction 
over the harbor area : Chlopeck Fish Co. v. Seattle, 64 Wash. 316. 

"Municipal corporations," as used in this section, includes all cities and 
towns having power to lay out streets : State ex rel. Stimson Mill Co. v. State 
Harbor Line Commissioners, 4 Wash. 6 ; Wilson v. State Land Commissioners, 
13 Wash. 65; State ex rel. Bartlett v. Forrest, 12 Wash. 483. 

A city may extend streets over tide lands and harbor areas beyond its cor- 
porate limits : Tacoma v. Titlow, 53 Wash. 217. 

The extension of streets across harbor area and tide lands is independent of 
sec. 273 et seq., Laws, post, providing for the establishment of waterways : 
Chlopeck Fish Co. v. Seattle, 64 Wash. 315. 

The right to extend streets over tide lands is superior to an improver's right 
to purchase : Col. & P. S. R. Co. v. Seattle, 6 Wash. 332 ; G7o6e Mill Co. v. 
Bellingham etc. Co., 10 Wash. 458. 

Where a city recognizes a street by ordinance and is otherwise estopped to 
deny its existence over tide lands, such location must be held to be a street 
as to the public generally, and no private person can question the city's right 
to establish it : idem. 

A street extended over tide lands by ordinance and recognized by the state 



CONSTITUTION H 

GRANTED LANDS. ART. XVI 

as such is a valid street extension : State ex rel. Bartlett v. Forrest, 12 Wash. 
483. 

As to effect of laying out streets by tide land appraisers, see West Seattle v. 
West Seattle Land Co., 38 Wash. 359. 
ESTATE AND USE: 

Where no private rights have intervened and the fee of the street is still in 
the state, the legislature has power to vacate any tide land street : Henry v. 
Seattle, 42 Wash. 420. 

Where a city grants a franchise over tide land streets before the legal estab- 
lishment thereof, it is estopped to deny such franchise after such establishment : 
Col. & P. S. R. Co. v. Seattle, 6 Wash. 332. 

One who purchases tide lands under preference right takes the fee to abut- 
ting streets : Bussell v. Ross, 64 Wash. 418. 

A city acquires only an easement in harbor area included in street extensions, 
and the grant is not a surrender by the state of its plenary control over streets 
and harbor areas : Chlopeck Fish Co. v. Seattle, 64 Wash. 315. 

The designation of a street extension as a "city slip" upon the harbor line 
plats does not indicate that such street was to be reserved as an open waterway 
for navigation so as to preclude the use of such area as a connection between the 
street and open water : Chlopeck Fish Co. v. Seattle, 64 Wash. 315. 

A city of the first class has power to construct and maintain public landing 
places and other conveniences of navigation and commerce in streets extending 
over tide lands and harbor area : idem. 

A charter provision authorizing a city to sell, dispose of or rent "water- 
front" does not confer power to lease tide lands or harbor area of which it has 
control only as a public street : State ex rel. Port Angeles v. Morse, 56 Wash. 
654. 

Except as to tide lands owned by cities or included within streets, territorial 
statutes providing that cities might authorize the construction of wharves at 
street termini have been superseded by 'the constitution and laws providing for 
the sale, lease and control of tide lands and harbor areas : State ex rel. Port 
Angeles v. Morse, 56 Wash. 654. 

ART. XVI, SEC. 1. GRANTED LANDS, LIMITATIONS ON SALE. 

All the public lands granted to the state are held in trust 
for all the people, and none of such lands, nor any estate or 
interest therein, shall ever be disposed of unless the full market 
value of the estate or interest disposed of, to be ascertained in 
such manner as may be provided by law, be paid or safely 
secured to the state; nor shall any lands which the state holds 
by grant from the United States (in any case in which the 
manner of disposal and minimum price are so prescribed) be dis- 
posed of except in the manner and for at least the price pre- 
scribed in the grant thereof, without the consent of the United 
States. 

Conditions upon grants of land: Laws, sec. 581 et seq., post. 

Minimum appraisement of granted lands: Laws, sec. 69, post. 

Value of materials added: Laws, sec. 70, post. 

Cited in 7 Wash. 152 ; 25 Wash. 223 ; 51 Wash. 55 ; 57 Wash. 613 ; 71 Wash. 
107 ; 63 Wash. 573 ; 74 Wash. 575-585. 



12 CONSTITUTION 

ART. XVI GRANTED LANDS. 

Sec. 251, Laws, post, authorizing the condemnation of granted lands, is not 
repugnant to this section : Roberts v. Seattle, 63 Wash. 364. 

A statute providing that limitations for the commencement of actions shall 
run against the state, so far as it gives title to school lands by adverse posses- 
sion, is repugnant to this section : O'Brien v. Wilson, 51 Wash. 52 ; State v. 
Seattle, 57 Wash. 602. 

Adverse possession and the payment of taxes upon state lands for seven 
years under color of title does not make title as against the state : Bryant Lbr. 
Co. v. Pac. Iron & Steel Wks., 48 Wash. 574 ; Brace & Hergert Mill Co. v. State, 
49 Wash. 326. 

ART. XVI, SEC. 2. SAME APPRAISEMENT AND SALE. 

None of the lands granted to the state for educational pur- 
poses shall be sold otherwise than at public auction to the highest 
bidder. The value thereof, less the improvements, shall, before 
the sale, be appraised by a board of appraisers, to be provided 
by law, the terms of payment also to be prescribed by law, and 
no sale shall be valid unless the sum bid be equal to the appraised 
value of said land. In estimating the value of said lands for 
disposal, the value of the improvements thereon shall be ex- 
cluded: Provided, That the sale of all school and university 
land heretofore made by the commissioners of any county or the 
university commissioners, when the purchase price has been paid 
in good faith, may be confirmed by the Legislature. 

Confirmation of territorial sales: Laws, sec. 416 et seq., and sec. 603, 
post. 

Appraisement and sale of granted lands, generally: Laws, sec. 59 
et seq., post. 

Conditions upon grants of lands: Laws, sec. 585 et seq., post. 

Cited in 7 Wash. 217 ; 25 Wash. 223 ; 37 Wash. 127 ; 51 Wash. 55 ; 57 Wash. 
613 ; 74 Wash. 576. 

The requirements of the enabling act as to price and the manner of sale 
were modified by the proviso in above section : Romaine v. State, 7 Wash. 215. 

Special privileges are not granted in violation of the constitution by an act 
authorizing the sale of certain school lands for express purposes: Day v. Rich- 
ardson, 54 Wash. 288. 

ART. XVI, SEC. 3. SAME SALE OF TIMBER. 

No more than one-fourth of the land granted to the state for 
educational purposes shall be sold prior to January 1, 1895, 
and not more than one-half prior to January 1, 1905 : 
Provided, That nothing herein shall be construed as to prevent 
the state from selling the timber or stone off of any of the state 
lands in such manner and on such terms as may be prescribed by 
law : And provided further, That no sale of timber lands shall 



CONSTITUTION 13 

GRANTED LANDS TIDE LANDS. ARTS. XVI-XVII. 

be valid unless the full value of such lands is paid or secured to 
the state. 

Sale of timber on granted lands: Laws, sec. 71 et seq., and 428, 
post. 

Cited in 25 Wash. 223 ; 74 Wash. 588. 

ART. XVI, SEC. 4. SAME SEPARATE SALE PLATTING. 

No more than one hundred and sixty (160) acres of any 
granted lands of the state shall be offered for sale in one parcel, 
and all lands within the limits of any incorporated city, or within 
two miles of the boundary of any incorporated city, where the 
valuation of such lands shall be found by appraisement to ex- 
ceed one hundred dollars ($100) per acre, shall, before the same 
be sold, be platted into lots and blocks of not more than five 
acres in a block, and not more than one block shall be offered 
for sale in one parcel. 

Statutory limitation of area: Laws, sec. 69, post. 

Platting of urban lands: Laws, sec. 297 et seq., post. 

Cited in 25 Wash. 223 ; 74 Wash. 584. 

The limitation upon the area to be offered for sale in one parcel applies only 
to lands granted to the state by Congress, and not to lands acquired by deed 
from individuals : State v. Hewitt Land Co., 74 Wash. 573. 

Nor to tide lands : Sullivan v. Callvert, 27 Wash. 600. 

ART. XVII, SEC. 1. TIDE AND SHORE LANDS ASSERTION OF 
TITLE. 

The State of Washington asserts its ownership to the beds 
and shores of all navigable waters in the state up to and includ- 
ing the line of ordinary high tide, in waters where the tide ebbs 
and flows, and up to and including the line of ordinary high 
water within the banks of all navigable rivers and lakes: Pro- 
vided, That this section shall not be construed so as to debar 
any person from asserting his claim to vested rights in the courts 
of the state. 

Definition of tide and shore lands: Laws, sec. 59, post. 

Classification of same: Laws, sec. 87, post. 

Statutes regulating sale of same, generally: Laws, sec. 87 et seq., 
post. 

Sale of oyster lands: Laws, sec. 114 et seq., post. 

Territorial grants: Const., Art. XXVII, sec. 2, post. 

Cited : 2 Wash. 245-259-265-279 ; 5 Wash. 159 ; 7 Wash. 152 ; 11 Wash. 232 ; 
24 Wash. 499-644 ; 40 Wash. 373-419 ; 54 Wash. 91-549 ; 60 Wash. 505 ; 63 
Wash. 457; 64 Wash. 166; 18 Wash. 499; 49 Wash. 68-131-331; 70 Wash. 448; 
170 Fed. 512 ; 153 U. S. 284 ; 215 U. S. 73. 



14 CONSTITUTION 

AET. XVII TIDE LANDS. 

NATURE OF THE TITLE : 

The state owns the tide lands, with full power of jurisdiction, control and 
disposition, restricted only by the state and national constitutions : Shively v. 
Bowlby, 152 U. S. 1, and Rose's Notes, Vol. 12, p. 156 ; Mann v. Tacoma Land 
Co., 153 U. S. 273 ; Baer v. Moran Bros., 153 U. S. 287 ; McOilvra v. Ross, 215 
U. S. 70 ; Index to Rose's Notes, Vol. 13, p. 691, "Lands Under Water" ; Cent. 
Digest, Vol. 37, cols. 161-241, and Vol. 41, cols. 938-942 ; 2 Remington's Digest, 
p. 2124, sec. 21 ; idem, p. 2404, sec. 84 ; idem, Vol. 4, p. 872, sec. 84 ; Eisen- 
bach v. Hatfteld, 2 Wash. 236 ; Pierce v. Kennedy, 2 Wash. 324 ; Baer v. Moran 
Bros., 2 Wash. 608 ; State ex rel. Yesler v. Board, 2 Wash. 530 ; State ex rel. 
Stimson Mill Co. v. Board, 4 Wash. 6 ; State ex rel. Col. & P. 8. R. Co. v. Board, 
4 Wash. 816; Morse v. O'Connell, 1 Wash. 117; Allen v. Forrest, 8 Wash. 700; 
Lownsdale v. Grays Harb. Boom Co., 21 Wash. 542 ; Sullivan v. Callvert, 27 
Wash. 600 ; McCue v. Bellingham Bay Water Co., 5 Wash. 156 ; Washougal etc. 
Transp. Co. v. Dalles etc. Xav. Co., 27 Wash. 492 ; Kalez v. Spokane Val. Land 
etc. Co., 42 Wash. 43 ; Van Siclen v. Muir, 46 Wash. 38 ; Muir v. Johnson, 49 
Wash. 66 ; Brace & Hergert Mill Co. v. State, 49 Wash. 326 ; Grays Hart. Boom 
Co. v. Lownsdale, 54 Wash. 83 ; Gifford v. Horton, 54 Wash. 595 ; Palmer v. 
Peterson, 56 Wash. 74 ; Hauge v. Walton, 72 Wash. 554 ; West Seattle v. West 
Seattle Land etc. Co., 38 Wash. 539. 

The state's title to the beds and shores of navigable waters is in fee, to the 
exclusion of all common law littoral and riparian rights : Muir v. Johnson, 49 
Wash. 66; Bilger v. State, 63 Wash. 457; Eisenbach v. Hatfleld, 2 Wash. 236; 
Brace & Hergert Mill Co. v. State, 49 Wash. 326 ; Grays Harb. Boom Co. v. 
Lownsdale, 54 Wash. 83 ; Lownsdale v. Grays Harb. Boom Co., 54 Wash. 542 ; 
State ex rel. Tesler v. Board, 2 Wash. 530. 

A state deed of tide lands for oyster cultivation which grants exclusive pos- 
session and the right to prevent strangers from passing over the same by boat 
at high tide, is not a substantial impairment of the rights of the public in navi- 
gable waters or an interference with the right of Congress to regulate commerce : 
Palmer v. Peterson, 56 Wash. 74. 

The state has power to declare what portion of the beds and shores of navi- 
gable waters shall be subject to sale to private parties, so long as its acts do 
not unreasonably interfere with the primary right of navigation : Van Siclen v. 
Muir, 46 Wash. 38 ; Sequim Bay Canning Co. v. Bugge, 49 Wash. 127. 

The sale of tide lands by the state is subject to the paramount rights of the 
public in the waters thereon and confers no right to obstruct navigation therein : 
Dawson v. McMillan, 34 Wash. 269 ; Judson v. Tidewater Lbr. Co., 51 Wash. 164. 

The state may use the funds from the sale of tide lands as it sees fit : Ta- 
coma Land Co. v. Young, 18 Wash. 495. 

BOUNDARIES : 

"Tide lands" defined: 8 "Words and Phrases," p. 6970. 

Meander line as boundary : See notes to next section. 

"Ordinary high water" does not mean unusual floods nor great annual rises 
above the banks : Austin v. Bellingham, 69 Wash. 677. 

Where the true line of ordinary high water cannot readily be ascertained, 
because of artificial changes, and the meander line is concededly incorrect, the 
courts will construct a conventional line as the boundary : Brace & Hergert 
Mill Co. v. State, 49 Wash. 326. 

The establishment of a shore line by the Board of State Land Commissioners 
is conclusive upon all persons except the state or abutting owners who claim 
that the same has been established upon their uplands : Williams v. Cole, 54 
Wash. 110. 

Soil which is submerged so long and so often in ordinary seasons that vege- 
tation will not grow on it is below the line of ordinary high water : Austin v. 
Bellingham, 69 Wash. 677. 



CONSTITUTION ^5 

TIDE LANDS. ART. XVII 

NAVIGABLE WATER: 

See 2 Remington's Digest, p. 2120, sec. 1 ; idem, Vol. 4, p. 779, sec. 1. 

This section refers to waters navigable for the general purposes of com- 
merce, and not to those which are public highways merely for the floatage of 
logs : Watkins v. Dorris, 24 Wash. 636. 

Waters to be navigable within this section must be so in their natural condi- 
tion : East Hoquiam Boom etc. Co. v. Neeson, 20 Wash. 142. 

A body of water is navigable in law if it is capable of being navigated in 
fact ; and the fact that its small size renders it of little use for that purpose is 
not determinative : Brace & Hergert Mill Co. v. State, 49 Wash. 326. 

A stream is not navigable merely because it has its source in navigable water : 
Neio Whatcom v. Fairhaven Land Co., 24 Wash. 492. 

Tidal water is navigable in law if in fact it is navigable, though only at 
high tide : Dawson v. McMillan, 34 Wash. 269. 

A river which was not meandered, has a depth of four feet during high water 
and two feet in low water, with occasional shoals, an average width of forty 
feet, and which has been navigated only by rowboats used for fishing for sport, 
is not a navigable river within this section : Griffith v. Holman, 23 Wash. 347. 

A tidal river which is navigable by rowboat at half tide and contains six 
feet of water at high tide, is navigable in fact : Judson v. Tide Water Lbr. Co., 
51 Wash. 164. 

A lake averaging less than a mile in width, two miles in length, and about 
18 feet in depth, having no navigable outlet or inlet, and having been put to 
no use of trade and commerce except the navigation of a small pleasure steamer 
upon which passengers were carried for hire, is a navigable lake within this 
section : Maason v. Spokane Valley Land etc. Co., 40 Wash. 414 ; Kalez v. Spo- 
kane Canal Co., 42 Wash. 43. 

A lake with an area of nine hundred acres and a general depth of 25 feet is 
a navigable lake : Brace & Hergert Mill Co. v. State, 49 Wash. 326. 

The fact that a stream is not meandered by the government survey does not 
establish its character as to navigability : Sumner Lbr. Co. v. Pac. Coast Power 
Co., 72 Wash. 631 ; Lownsdale v. Grays Harb. Boom Co., 21 Wash. 542. 

ART. XVII, SEC. 2. PATENTED LANDS DISCLAIMED. 

The State of Washington disclaims all title in and claim to 
all tide, swamp, and overflowed lands patented by the United 
States : Provided, The same is not impeached for fraud. 

Swamp and overflowed lands not granted to the state: Sec. 59C 
Laws, post. 

Reservation of right to repudiate territorial grants: Sec. 2, Art 
XXVII, post. 

Disclaimer of Indian lands: Art. XXVI, sec. 2, post. 

Cited : 2 Wash. 245-259-279-615 ; 4 Wash. 469 ; 7 Wash. 152 ; 11 Wash. 233 ; 
14 Wash. 3 ; 19 Wash. 302 ; 27 Wash. 497 ; 32 Wash. 613 ; 40 Wash. 362-374 ; 
42 Wash. 49 ; 65 Wash. 221 ; 70 Wash. 451 ; 153 U. S. 286 ; 163 U. S. 67. 

See 2 Rem. Dig., p. 2405, sec. 86. 

The disclaimer, while not in itself confirmatory of titles under such patents, 
is as broad as the assertion of title in the preceding section and is in effect a 
grant by the state to the government's patentees : Scurry v. Jones, 4 Wash. 
468 ; State ex rel. McKenzie v. Forrest, 11 Wash. 227. 

The state has no interest in tide lands or shore lands included within the 
meander lines of an upland survey, where such lands were patented prior to 
statehood : Cogswell v. Forrest, 14 Wash. 1 ; Kneeland v. Korter, 40 Wash. 359 ; 
State ex rel. McKenzie v. Forrest, 11 Wash. 227 ; Washougal etc. Transp. Co. v. 



IQ CONSTITUTION 

ABTS. XXI-XXIV WATER BOUNDARIES. 

Dalles Nav. etc. Co., 27 Wash. 470 ; Jones v. Callvert, 32 Wash. 610 ; Nassa v. 
Beaborg, 64 Wash. 164 ; Austin v. Bellingham, 69 Wash. 677 ; Van Siclen v. 
Muir, 46 Wash. 38 ; Brace & Hergert Mill Co. v. State, 49 Wash. 326 ; Bleakley 
v. Lake Wash. Mill Co., 65 Wash. 215. 

This disclaimer extends to tide lands within the limits of an Indian reserva- 
tion and allotted in severally before the admission of the state : Jones v. Call- 
vert, 32 Wash. 610. 

And to grants made in praesenti before statehood, although not patented 
until after : Kneeland v. Korter, 40 Wash. 359. 

The ownership of tide or shore lands so patented is sufficient to support a 
claim of preference right to purchase the adjoining lands below the meander line 
under a statute giving such right to the owners of "abutting upland" : Bleakley 
v. Lake Wash. Mill Co., 65 Wash. 215. 

But the disclaimer does not amount to a grant of the lands lying below the 
meander line : Denny v. N. P. R. Co., 19 Wash. 298. 

Whether a patent to upland conveys tide lands was a federal question : Ken- 
yon v. Knipe, 1 Wash. 11 ; Kenyon v. Squire, 1 Wash. 9 ; Kenyan v. Williamson, 
1 Wash. 12. But is so no longer : McGilvra v. Ross, 215 U. S. 70 ; Bird v. 
Ashton, 220 U. S. 603 (55 L. Ed. 605). 

For additional references to this section, see Eisenoach v. Hatfield, 2 Wash. 
245, 259 and 729 ; Baer v. Moron Bros., 2 Wash. 615 ; Seattle & Mont. R. Co. v. 
State, 7 Wash. 152. 

ART. XXI, SEC. 1. WATER AND WATER RIGHTS. 

The use of the waters of the state for irrigation, mining, and 
manufacturing purposes shall be deemed a public use. 

Right to hold water on state lands: sec. 225 et seq., Laws, post. 

Use of waters by United States: Laws, sec. 386 et seq., post. 

Right to construct dams and diversion works: Laws, sec. 230 et seq^ 
post. 

Cited in 20 Wash. 458 ; 39 Wash. 668 ; 59 Wash. 628 ; 67 Wash. 556. 

The principle applied in Kalez v. Spokane Valley Land etc. Co., 42 Wash. 43. 

This does not authorize the taking of private property for private use con- 
trary to the guarantee of the federal constitution : State ex rel. Tacoma In- 
dustrial Co. v. White Riv. Power Co., 39 Wash. 648. 

The use of waters for irrigation is a public use : State ex rel. Golden Valley 
etc. Co. v. Superior Ct., 67 Wash. 556 ; Prescott Irrigation Co. v. Flathers, 20 
Wash. 454. 

ART. XXIV, SEC. 1. BOUNDARIES. 

The boundaries of the State of Washington shall be as fol- 
lows : Beginning at a point in the Pacific ocean .one marine 
league due west of and opposite the middle of the mouth of the 
north ship channel of the Columbia river, thence running easter- 
ly to and up the middle channel of said river and where it is 
divided by islands up the middle of the widest channel thereof 
to where the forty-sixth parallel of north latitude crosses said 
river, near the mouth of the Walla Walla river ; thence east on 
said forty-sixth parallel of latitude to the middle of the main 



CONSTITUTION 17 

JURISDICTION. ART. XV 

channel of the Shoshone or Snake river ; thence follow down the 
middle of the main channel of Snake river to a point opposite 
the mouth of the Kooskooskia or Clear Water river ; thence due 
north to the forty-ninth parallel of north latitude ; thence west 
along said forty-ninth parallel of north latitude to the middle of 
the channel which separates Vancouver's Island from the conti- 
nent, that is to say to a point in longitude 123 degrees, 19 min- 
utes and 15 seconds west; thence follow the boundary line be- 
tween the United States and British possessions through the 
channel which separates Vancouver's Island from the continent 
to the termination of the boundary line between the United 
States and British possessions at a point in Pacific ocean equi- 
distant between Bonnilla point on Vancouver's Island and Ta- 
toosh Island lighthouse; thence running in a southerly course 
and parallel with the coast line, keeping one marine league off 
shore, to place of beginning. 

Consent of Congress to adjustment of Columbia River boundary: 
Laws, sec. 638, post. 

Appointment of boundary commission: Laws '09, p. 1039. 

The middle of the north ship channel of the Columbia river, described as the 
boundary in the act of Congress admitting Oregon into the Union (11 Stat. L., 
383) remains the boundary, subject to changes in it which result from accretion ; 
and the boundary does not shift to another channel because, in the course of 
years, the latter may become the more important and is properly called the main 
channel of the river: Washington v. Oregon, 211 U. S. 127 (53 L. Ed., 118). 
Same, 214 U. S. 205 (53 L. Ed., 969). 

Desdemona Sands and Snag Island are within the boundaries of the state of 
Oregon : idem. 

ART. XXV, SEC. 1. JURISDICTION. 

The consent of the State of Washington is hereby given to 
the exercise, by the congress of the United States of exclusive 
legislation in all cases whatsoever over such tracts or parcels 
of land as are now held or reserved by the government of the 
United States for the purpose of erecting or maintaining thereon 
forts, magazines, arsenals, dockyards, lighthouses, and other 
needful buildings, in accordance with the provisions of the 
seventeenth paragraph of the eighth section of the first article 
of the constitution of the United States, so long as the same shall 
be so held and reserved by the United States : Provided, That a 



18 CONSTITUTION 

ART. XXVI INDIAN LANDS. 

sufficient description by metes and bounds, and an accurate plat 
or map of each such tract or parcel of land be filed in the proper 
office of record in the county in which the same is situated, to- 
gether with copies of the orders, deeds, patents, or other evi- 
dences in writing of the title of the United States : And pro- 
vided, That all civil process issued from the courts of this state, 
and such criminal process as may issue under the authority of 
this state, against any person charged with crime in cases aris- 
ing outside of such reservations, may be served and executed 
thereon in the same mode and manner, and by the same officers, as 
if the consent herein given had not been made. 

Jurisdiction of Rainier National Park ceded to United States: 
Laws, sec. 555, post. 

Grants of tide and shore lands to United States: Laws, sec. 239 
et seq., post. 

Cited in 40 Wash. 246. 

ART. XXVI, SEC. 2. DISCLAIMER OF INDIAN LANDS. 

The following ordinance shall be irrevocable without the con- 
sent of the United States and the people of this state : 

* * * * * * * * * * * 

Second: That the people inhabiting this state do agree and 
declare that they forever disclaim all right and title to the un- 
appropriated public lands lying within the boundaries of this 
state, and to all lands lying within said limits owned or held by 
any Indian or Indian tribes ; and that, until the title thereto 
shall have been extinguished by the United States, the same shall 
be and remain subject to the disposition of the United States, 
and said Indian lands shall remain under the absolute jurisdiction 

and control of the Congress of the United States. 

*********** 

This executes sec. 581, post, Enabling Act. 

Disclaimer of patented lands: sec. 2, Art. XVII, supra. 

Cited : 26 Wash. 672 ; 32 Wash. 613 ; 38 Wash. 129 ; 170 Fed. 508-515 ; 193 
Fed. 531. 

This disclaimer does not operate as a grant or conveyance by the state, but 
Its utmost effect would be to bar the state or its grantees from claiming land 
which was held in exclusive possession of Indians at the time of the adoption of 
the constitution, during the time such rights continue to exist : U. S. v. Ashton,. 
170 Fed. 509. 



CONSTITUTION 19 

SCHOOLS TERRITORIAL LAWS. ARTS. XXVI-XXVII 

This extends to tide lands within the limits of an Indian reservation and 
allotted in severalty before the admission of the state : Jones v. Callvert, 32 
Wash. 610. 

And to tide lands included within the definite description of an Indian reserva- 
tion (Swinomish) which were allotted in severalty after statehood, to which 
the Indian title had never been extinguished : Corrigan v. Brown, 169 Fed. 477. 

The whole of Squaxin Island having been reserved for use and occupied by 
the Indians prior to statehood, the state has no power to sell any part of the 
shores thereof: U. 8. v. O'Brien^ 170 Fed. 508. 

Although tide lands were at one time included within the Puyallup Indian 
reservation by executive order, the Indian title was extinguished when the 
reservation was surveyed into meandered lots, excluding the tide lands, and pat- 
ented to individual members of the tribe : U. 8. v. Ashton, 170 Fed. 509. 

ART. XXVI, SEC. 4. PUBLIC SCHOOLS TO BE MAINTAINED. 

Provision shall be made for the establishment and maintenance 
of systems of public schools free from sectarian control, and 
which shall be open to all the children of the state. 

See Art. IX, sec. 1, supra, and Art. XIII, sec. 1, Const. 

ART. XXVII, SEC. 2. TERRITORIAL LAWS AND GRANTS. 

All laws now in force in the territory of Washington, which 
are not repugnant to this constitution, shall remain in force 
until they expire by their own limitation, or are altered or re- 
pealed by the Legislature: Provided, That this section shall 
not be so construed as to validate any act of the Legislature of 
Washington Territory granting shore or tide lands to any per- 
son, company, or any municipal or private corporation. 

Abutting owner's license to build wharves on tide lands: Laws, 
sec. 236, post. 

Cited: 2 Wash. 258; 4 Wash. 26; 8 Wash. 472; 11 Wash. 233; 13 Wash. 
362; 22 Wash. 548; 28 Wash. 498; 14 Wash. 310; 22 Wash. 132; 43 Wash. 
182 ; 47 Wash. 206 ; 51 Wash. 56 ; 179 Fed. 181 ; 198 U. S. 473. 



PART TWO. 



STATUTES OP THE STATE OF WASHINGTON RELATING TO 
THE PUBLIC LANDS AND HARBORS. 



CHAPTER 1. 



COMMISSIONER OF PUBLIC LANDS. 

SEC. 1. Term of Office. 

2. Salary. 

3. Bond. 

4. Seal. 

5. Records. 

6. Abstracts of Lands. 

7. Assistant Commissioner. 

8. Auditor and Cashier. 

SEC. 1. TERM OF OFFICE. 

The Commissioner of Public Lands who shall be elected at the 
next general election for the State of Washington shall com- 
mence on the Wednesday after the second Monday in January 
after his election, and hold his office for the term of four years, 
and until his successor is elected and qualified ; and thereafter the 
term of office of said officer shall commence upon the Wednesday 
after the second Monday in January following his election. 
(Laws '91, p. 164, sec. 1; sec. 8986 Rem.-Bal. ; 485 sec. 1 
Pierce.) 

Oath of office: Laws, '09, p. 70, sec. 1 (sec. 8987 Rem.-Bal.; 485 sec. 
3 Pierce.) 

Constitutional office: Const., Art. Ill, sec. 1, ante. 

Term of office: Const, Art. Ill, sees. 3-4, ante. 

Office at Capital: Const., Art. Ill, sec. 24, ante. 

Legislature to fix compensation and prescribe duties: Const, Art 
III, sec. 23, ante. 

Duties ex-offlcio: notes to sec. 5, post. 

SEC. 2. SALARY OF COMMISSIONER. 

The annual salaries of the following named officers are hereby 
fixed as follows: * * * Commissioner of Public Lands, 



STATE LAND LAWS 21 

COMMISSIONER. SECS. 3-5 

three thousand dollars. (Laws ? 07, p. 174, sec. 1 ; sec. 8985 
Rem.-Bal. ; 485 sec. 5 Pierce.) 

Former Laws: Laws '89-'90, p. 252, sec. 7; Laws '93, p. 387, sec. 3; 
Laws '95, p. 528, sec. 6. 

Cited in 47 Wash. 607. 

Where the Commissioner of Public Lands was elected for a term of four 
years and served two years, drawing salary under general appropriation acts 
which, for ten years theretofore, allowed a salary of $2,000, his salary was not 
increased during him term of office by the passage of this general act, even if 
this was the first general act fixing any salary for the office : State ex rel. Ross 
v. Clausen, 47 Wash. 607. 

SEC. 3. BOND OF COMMISSIONER. 

The Commissioner of Public Lands shall enter into a good and 
sufficient surety company bond, to be approved by, and de- 
posited with the Secretary of State, in the sum of fifty thousand 
dollars, for the faithful discharge of the duties of said office. 
The premium on said bond shall be paid by the state from the 
incidental fund provided for the Commissioner of Public Lands. 
(Laws '07, p. 218, sec. 1 ; sec. 6629 Rem.-Bal. ; 485 sec. 165 
Pierce.) 

Former Laws: Laws '89-'90, p. 252, sec. 6; Laws '93, p. 386, sec. 2. 
Bond of assistant commissioner: sec. 7, infra; of cashier: sec. 8, 
infra; of inspector: sec. 45, infra; of claim agent: sec. 10, infra. 
Cited in 47 Wash. 609. 

SEC. 4. COMMISSIONER'S SEAL. 

All notices, orders, contracts, certificates, rules and regula- 
tions, or other documents or papers made and issued by or on 
behalf of the board of appraisers or commissions provided for 
in this act,* or the Commissioner of Public Lands, shall be au- 
thenticated by a seal whereon shall be the vignette of Washing- 
ton, with the words "Seal of the Commissioner of Public Lands, 
State of Washington." (Laws '97, p. 260, sec. 61 ; sec. 6632 
Rem.-Bal.; 477 sec. 197 Pierce.) 

Former Laws: Laws '89-'90, p. 252, sec. 5; Laws '93, p. 401, sec. 30; 
Laws '95, p. 569, sec. 96. 

*Chap. 89, Laws '97, and acts amendatory. 

Cited in 58 Wash. 655. 

SEC. 5. COMMISSIONER CUSTODIAN OF RECORDS. 

All maps, plats and field notes of surveys required to be made 
by this act* shall, after approval by the State Board or Com- 



22 STATE LAND LAWS 

SEC. 6 RECORDS. 

missioner of Public Lands, be deposited and filed in the office of 
the Commissioner of Public Lands, and all maps, plats and field 
notes now filed with the Board of State Land Commissioners 
shall be by them deposited with the Commissioner of Public 
Lands, who shall keep a careful and complete record and index 
of all maps and plats in his possession in well-bound books, which 
shall at all times be accessible to the public. (Laws '97, p. 260, 
sec. 60; sec. 6631 Rem.-Bal. ; 477 sec. 195 Pierce.) 

Former Laws: Laws '95, p. 568, sec. 94. 

*Chap. 89, Laws '97, and acts amendatory. 

Records to be kept at seat of government: Const., Art. Ill, sec. 24* 
ante. 

Commissioner as Chairman Board of State Land Commissioners: 
sec. 17, post. 

Member State Board of Equalization: Laws '07, p. 496, sec. 1. (Sec. 
9204 Rem.-Bal.; 501 sec. 159 Pierce.) 

Member State Board of Forest Commissioners: Laws '05, p. 320, 
sec. 1. (Sec. 5276 Rem.-Bal.; 199 sec. 41 Pierce.) 

Secretary State Oyster Commission: sec. 356, post. 

Secretary State Capitol Commission: sec. 425, post. 

Member Boards of Commissioners, inter-county diking and drainage 
districts: Laws '09, p. 790, sec. 3. (Sec. 4184 Rem.-Bal.; 149 sec. 5 
Pierce.) 

Duty to give notice of petition for formation of such district and 
to canvass returns of special election thereon: Laws '09, .pp. 790-794, 
sees. 3-4. (Sees. 4184-4185 Rem.-Bal.; 149 sees. 5-7 Pierce.) 

Member State Reclamation Board: Laws '13, p. 648, sec. 7. 

Custodian of Records Board of State Land Commissioners: sec. 16, 
post. 

Commissioner's Reports: sec. 20, post, and notes. 

Custodian of certain records State Capitol Commission: sec. 425, 
post. 

SEC. 6. ABSTRACT BOOKS AND RECORDS. 

The Commissioner of Public Lands shall cause full and cor- 
rect abstracts to be made and kept in the office of the Com- 
missioner of Public Lands of all the lands owned or that shall be 
owned by the state, which abstracts shall be in suitable and well 
bound books. Such abstracts shall show in proper columns and 
pages the section or part of section, lot or block, township and 



STATE LAND LAWS 23 

ASSISTANT COMMISSIONER. SEC. 7 

range in which each tract is situated, whether timber or prairie, 
improved or unimproved, the appraised value per acre, the value 
of improvements and the value of damages, and the total value, 
the several values of stone, minerals and timber thereon, the date 
of sale, date of lease, name of purchaser, name of lessee, price 
per acre, amount of lease per acre, amount of cash paid, amount 
unpaid and when due, amount of annual interest, and such other 
columns as may be necessary to show a full and complete abstract 
of the conditions and circumstances of each tract or parcel of 
land from the time title was acquired by the state until final pay- 
ment by the purchasers, and the issuance of a deed by the state 
to the land. (Laws '97, p. 245, sec. 32 ; sec. 6635 Rem.-Bal. ; 
477 sec. 105 Pierce.) 

Former Laws: Laws '89-'90, p. 252, sec. 4; Laws '89-'90, p. 447, sec. 
20; Laws '93, p. 400, sec. 24; Laws '95, p. 546, sec. 42. 
Lists of escheated lands: sec. 57, post. 

Lists of arid lands for reclamation: sec. 381, 389, 394, 403, post. 
Lists of waters withdrawn from appropriation: sec. 387, post. 
Reports of inspection of lands for selection: sees. 46-47, post. 
Certificates of appraisement: sec. 79, post. 

SEC. 7. ASSISTANT COMMISSIONER APPOINTMENT, QUALIFI- 
CATION AND DUTIES. 

The Commissioner of Public Lands may appoint an assistant 
who shall act as chief clerk in his office, and such assistant shall 
have power to perform any act or duty relating to the office of 
Commissioner of Public Lands that the Commissioner has, and, 
in case of vacancy by death or resignation of the Commissioner 
of Public Lands, said assistant shall perform the duties of said 
office until the vacancy is filled. Such assistant shall subscribe, 
take and file the oath of office provided by law for other state 
officers before entering upon the performance of his duties. The 
principal shall be responsible under his official bond for all of the 
official acts of the assistant, and may revoke such appointment 
at his pleasure, and may require his assistant to give him a bond 
in such sum as the principal may determine, which bond shall 
be made, executed, approved and filed as other state official bonds. 



24 STATE LAND LAWS 

SECS. 8-9 CLAIM AGENT. 

(Laws '03, p. 37, sec. 1 ; sec. 6628 Rem.-Bal. ; 485 sec. 169 
Pierce.) 

Oath of office: Laws '09, p. 70, sec. 1. (Sec. 8987 Rem.-Bal.; 485 
sec. 3 Pierce.) 

Bond, condition, filing, etc.: Laws '89-'90, p. 34, et seq (Sec. 8324, 
et seq., Rem.-Bal.; 53 sec. 35 et seq., Pierce.) 

Commissioner's bond: sec. 3, ante. 

SEC. 8. BOND OF AUDITOR AND CASHIER. 

The auditor and cashier of the office of the Commissioner of 
Public Lands shall enter into a good and sufficient surety com- 
pany bond, to be approved by, and deposited with the Secretary 
of State, in the sum of twenty thousand dollars, for the faithful 
discharge of the duties of said office. The premium on said 
bond shall also be paid by the state from the incidental fund 
provided for the Commissioner of Public Lands. (Laws '07, p. 
218, sec. 2; sec. 6630 Rem.-Bal.; 485 sec. 167 Pierce.) 



CHAPTER 



LAND CLAIM AGENT. 
SEC. 9. Appointment and Duties. 

10. Bond. 

11. Compensation. 

12. Additional Compensation. 

SEC. 9. APPOINTMENT AND DUTIES. 

The Governor of this state is hereby authorized and em- 
powered to appoint, with the advice and consent of the Senate, 
an agent for the State of Washington, who shall be a citizen of. 
said state, whose duty it shall be to prosecute to final decision 
in the proper departments of the government of the United 
States, or in any of the courts of the United States having juris- 
diction, the claims of the State of Washington for the five per 
cent, due to said state from the United States for or on account 
of public lands within this state disposed of by the United States 
as Indian reservations, and by the location of military land 
warrants and land scrip issued for military services in the wars 



STATE LAND LAWS #5 

CLAIM AGENT. SECS. 10-11 

of the United States, and by the location of the agricultural 
college scrip, or by reason of any other disposal of the public 
lands of the United States within the State of Washington. It 
shall also be the duty of the said agent to prosecute to final 
decision all claims of the State of Washington against the United 
States * for all school lands which may be due 

the said state from the United States on account of Indian 
reservations : Provided, That no part of the money that may 
be secured to the state from or on account of any of the matters 
mentioned in this section shall be paid such agent, but the same 
shall be paid to the Treasurer of the state, and such agent shall 
have no authority to take or receive from the United States 
such money, or any part thereof. (Laws '91, p. 370, sec. 1 ; sec. 
6623 Rem.-Bal.; 477 sec. 1 Pierce.) 

NOTE: This chapter is apparently superseded by sees. 50, 50^, and 
other general laws, post. 

Lieu lands for Indian reservations: sees. 583-593, post. 

Share of proceeds of sale of public lands to be paid to State: sec. 
584, post. 

SEC. 10. AGENT'S BOND. 

Before entering upon the duties of his agency such agent 
shall execute to the State of Washington a bond, with good and 
sufficient security, to be approved by the Governor and Auditor 
of State, and filed in the office of the Secretary of State in the 
sum of twenty thousand dollars, conditioned for the faithful per- 
formance of every duty imposed by the provisions of section 9. 
(Laws '91, p. 371, sec. 2; sec. 6624 Rem.-Bal.; 477 sec. 3 
Pierce.) 

See note to sec. 9, ante. 

SEC. 11. AGENT'S COMPENSATION. 

Such agent shall be allowed such compensation for his services 
as may be agreed upon between the Governor, Auditor and At- 
torney General of this state and himself, not to exceed ten per 
centum upon the amount secured to the state; and such com- 
pensation shall be paid only after the claims hereinbefore men- 
tioned shall be paid over to the State Treasurer, in whole or in 



26 STATE LAND LAWS 

SECS. 12-13 BOARD. 

part; and the amount so adjudged to be due said agent shall 
be paid by the Treasurer on the warrant of the Auditor of this 
state ; but no part of such compensation shall be paid out of any 
other funds than the funds received from the claim or claims 
so collected ; nor shall this state be otherwise liable for the pay- 
ment of such compensation or any other expenses whatever at- 
tending or growing out of the prosecution of such claims. (Laws 
'91, p. 371, sec. 3; sec. 6625 Rem.-Bal. ; 477 sec. 5 Pierce.) 
See note to sec. 9, ante. 

SEC. 12. ADDITIONAL CONTINGENT COMPENSATION. 

In case any lands are secured to the state for school purposes 
or otherwise by such agent, then he shall be paid for his services 
in that behalf a compensation upon the appraised valuation of 
such lands, such valuation to be determined by the State Board 
of Land Commissioners, of not to exceed ten per centum of the 
valuation of the lands so secured by such agent. (Laws '91, 
p. 371, sec. 4 ; sec. 6626 Rem.-Bal. ; 477 sec. 7 Pierce.) 

See note to sec. 9, ante. 



CHAPTER 3. 



BOARD OF STATE LAND COMMISSIONERS. 

SEC. 13. How Constituted: Powers of. 

14. Successor of Former Boards. 

15. Rules for Government Vested Rights. 

16. Secretary, Office and Records. 

17. Chairman and Rules. 

18. Compulsion of Testimony; Contempts. 

19. Reconsideration of Acts. 

20. Report to Legislature. 

SEC. 13. HOW CONSTITUTED POWERS. 

The Commissioner of Public Lands, the State Fire Warden 
and Forester and the members of the State Board of Tax Com- 
missioners shall constitute the Board of State Land Commis- 
sioners and shall have all powers and perform all duties with 
reference to the selection, appraisement and sale or lease of 



STATE LAND LAWS 37 

BOARD. SEC. 14 

school, granted or other lands, except capitol building lands, 
the establishment of harbor lines and lease of harbor area which 
are now or may hereafter be vested in or required of the Board of 
State Land Commissioners, the Board of Appraisers or the 
Harbor Line Commission. And said Board of State Land Com- 
missioners shall be and serve as the commission and the board 
of appraisers mentioned in section one of article fifteen and 
section two of article sixteen of the state constitution. (Laws 
'97, p. 229, sec. 1 ; amended, Laws '07, p. 290, sec. 1 ; amended, 
Laws '09, p. 757, sec. 1; sec. 6605 Rem.-Bal. ; 477 sec. 13 

Pierce.) 

Former Laws: Laws '89-'90, p. 239, sec. 1; p. 251, sees. 1-2; p. 286, 
sec. 1; p. 431, sees. 1-2; p. 438, sees. 1-2; Laws '93, p. 386, sees. 1, 5; 
Laws '95, p. 528, sec. 3. 

NOTE: The act of '09, expressly amends act of '97, already amended 
by act of '07. 

Capitol building lands under jurisdiction of State Capitol Com- 
mission: sec. 426, post. 

Oyster reserves under jurisdiction of State Oyster Commission: 
sec. 359, post. 

Certain tide lands and harbor areas under jurisdiction of Port 
Commissioners: sec. 155, post. 

Duties of Board as to selection of lands: sec. 42 et seq., post. 

To appraise and sell lands and materials: sec. 69 et seq., post. 

May issue subpoenas and compel testimony: sees. 18, 50, 78, post. 

Sale of tide and shore lands: sees. 93 et seq., post. 

Sale of oyster lands: sec. 114 et seq., post. 

Lease harbor area and prescribe rules: sec. 147 et seq., post. 

Grant easements: sec. 202 et seq., post. 

Establish waterways: sec. 273 et seq., post. 

Plat tide and shore lands: sec. 305 et seq., post. 

Establish harbor lines: sec. 305 et seq., post. 

Appointment of land inspectors: sec. 42, post. 

Cited in 18 Wash. 499 ; 19 Wash. 48 ; 22 Wash. 66 ; 26 Wash. 370 ; 27 Wash. 
606-612 ; 33 Wash. 433 ; 39 Wash. 276 ; 42 Wash. 445 ; 74 Wash. 578. 

The act of 1893 to create a State Board of Land Commissioners did not repeal 
or affect the act of 1890 providing for local boards of appraisers, etc. : State 
etc. v. Forrest, 7 Wash. 54. 

The Board of State Land Commissioners is not charged with any duty con- 
nected with the leasing of granted lands : Opinions Attorney General, '07-'08, 
p. 351. 

SEC. 14. PRESENT BOARD SUCCESSOR OF OLD. 

The State Board of Land Commissioners shall, from the date 
of the assumption of its official duties, possess and exercise over 



28 STATE LAND LAWS 

SEC. 15 BOARD. 

all the lands and [harbor] areas of the state all the authority, 
power and functions and perform the duties which the present 
Board of State Land Commissioners now possess, and is hereby 
constituted its successor, and all the provisions of law applicable 
to said board, not inconsistent with the provisions of this act,* 
are hereby made applicable to the board created by this act. 
(Laws '97, p. 258, sec. 56 ; sec. 6606 Rem.-Bal. ; 477 sec. 189 
Pierce.) 

Former Laws: Laws '93, p. 387, sec. 5; Laws '95, p. 565, sec. 89. 
*Chap. 89, Laws '97, and acts amendatory. 
Devolution of powers: sec. 305, 'infra. 
See preceding section. 

Cited in 17 Wash. 633 ; 22 Wash. 66 ; 27 Wash. 606 ; 74 Wash. 578. 

Lands acquired by the university regents by deed from individuals, under 
earlier laws authorizing them to acquire and hold real estate, are within the 
jurisdiction of the board for purposes of sale, under this section and other gen- 
eral acts which impliedly repealed such earlier laws : State v. Hewitt Land 
Co., 74 Wash. 573. 

SEC. 15. VESTED RIGHTS SAVED. 

This act* shall not be construed to affect any vested right in 
any of the public lands as herein defined of any person, firm or 
corporation acquired under existing laws, or any preference 
right of purchase or finding by the Board of State Land Com- 
missioners under existing laws, or cases now pending before said 
board or in the courts, but the same are hereby confirmed, sub- 
ject only to such rules and regulations for the government of 
said rights as may be hereafter defined by the Board of State 
Land Commissioners. (Laws '97, p. 262, sec. 68; sec. 6613 
Rem.-Bal. ; 477 sec. 211 Pierce.) 

Former Laws: Laws '95, p. 570, sees. 103-106. 
*Chap. 89, Laws '97, and amendatory acts. 
Power to make rules, generally: sec. 17, post. 

Cited : 13 Wash. 273 ; 17 Wash. 633 ; 22 Wash. 66 ; 27 Wash. 606. 

See 2 Remington's Digest, p. 2409, sec. 100. 

Under Laws 1895, p. 570, sec. 106, repealing prior laws upon the subject of 
tide lands, but preserving all rights which have been acquired thereunder, the 
rights of applicants for the purchase of tide lands under the act of 1890, whose 
applications were pending at the time of the passage of the act of 1895, are 
saved, as such provision can not be construed as having reference to vested 
rights : State ex rel. Meghler v. Forrest, 13 Wash. 268. 

Where an applicant for tide lands, competent to purchase same, has com- 
plied with all the preliminary requirements of the existing law at the time of 
his application, which would entitle him to a contract of sale, he has acquired a 



STATE LAND LAWS gg 

BOARD. SECS. 16-18 

vested right in such lands, of which he cannot be deprived by a subsequent re- 
peal of the law under which his application was made : State ex rel. Billings v. 
Bridges, 22 Wash. 64 ; State ex rel. Wilson v. Grays Harb. & P. S. R. Co., 60 
Wash. 32. 

Act of 1890, relating to appraisement and sale of tide lands, does not consti- 
tute a contract between the state and the persons mentioned, and such persons 
do not secure vested rights, and a privilege which had not been exercised could 
be taken away : Allen v. Forrest, 8 Wash. 700. 

SEC. 16. OFFICE, SECRETARY AND RECORDS. 

Said board and commission shall keep a full and complete 
record of their proceedings in separate records, one relating to 
appraisement, sale, lease and selection of lands; one relating to 
harbor lines, harbor areas, tide and shore lands. A clerk in the 
office of the Commissioner of Public Lands shall act as the secre- 
tary of said board and commissions, and their office shall be in 
the office of the Commissioner of Public Lands, and all records 
relating to said board and commissions of public lands of the 
state shall be kept in the office of the Commissioner of Public 
Lands, and shall be subject to public inspection. (Laws '97, 

p. 230, sec. 2 ; sec. 6607 Rem.-Bal. ; 477 sec. 17 Pierce.) 

Former Laws: Laws '89-'90, p. 239, sec. 4; Laws '89-'90, p. 251, sees. 

1-3; Laws '89-'90, p. 438, sec. 1; Laws '93, p. 386, sec. 1. 
Commissioner custodian of records: sec. 5, supra. 
Office and records to be kept at seat of government: Const., Art. 

Ill, sec. 24, supra. 

SEC. 17. POWER TO MAKE RULES CHAIRMAN. 

Said Board of State Land Commissioners shall make all rules 
and regulations for carrying out the provisions of this act,* 
not inconsistent with law, and the Commissioner of Public Lands 
shall act as chairman of said board and commissions. (Laws 
'97, p. 230, sec. 3 ; sec. 6608 Rem.-Bal. ; 477 sec. 19 Pierce.) 

Former Laws: Laws '89-90, p. 239, sec. 4; p. 251, sees. 1-3; p. 438, 
sec. 1; Laws '93, p. 386, sec. 1. 

*Chap. 89, Laws '97, and acts amendatory. 

Power to make rules for leasing of harbor area: sec. 147, post; 
for removal of timber: sec. 72, post. 

Cited in 17 Wash. 633 ; 22 Wash. 66 ; 27 Wash. 606. 

SEC. 18. ATTENDANCE OF WITNESSES SUBPOENAS CON- 
TEMPTS. 

[At] all hearings pertaining to the public lands of the State 
of Washington, or any part thereof, as provided by this act,* 



30 STATE LAND LAWS 

SEC. 19 BOAED. 

the Board of State Land Commissioners shall, in their discretion, 
have power to issue subpoenas and compel thereby the attend- 
ance of witnesses at such time and place as may be fixed by the 
board, to be stated in the subpoenas, and to conduct the examina- 
tion thereof. Said subpoenas may be served by the sheriff of any 
county, or by any other officer authorized by law to serve process, 
or by any person over the age of twenty-one years, competent to 
be a witness, but who is not a party to the matter in which said 
subpoena is issued. Each witness subpoenaed by the board as 
witness on behalf of the state shall be allowed the same fees and 
mileage as provided by law to be paid witnesses in courts of 
record in this state, said fees and mileage to be paid by warrants 
on the general fund. And any person duly served with a sub- 
poena as herein provided, and who shall fail to obey the same, 
without legal excuse, such failure to obey shall be considered a 
contempt, and the board shall certify the facts thereof to the su- 
perior court of the county in which such witness may reside, and 
upon legal proof thereof such witness shall suffer the same pen- 
alties as are now provided in like cases in the courts in this state, 
as prescribed in section 1220 of Remington & Ballinger's An- 
notated Codes and Statutes of Washington : And it is further 
provided, That the certificate of the board shall be considered 
by the court as prima facie evidence of the guilt of the party 
charged with contempt. (Laws '97, p. 259, sec. 59; sec. 6611 
Rem.-Bal. ; 477 sec. 193 Pierce.) 

Former Laws: Laws '95, p. 567, sec. 93. 

*Chap. 89, Laws '97, and acts amendatory. 

Subpoenas in contests in United States Land Offices: sec. 50, post; 
to witnesses for appraisement of lands and improvements: sees. 78 and 
145, post. 

Cited in 17 Wash. 633 ; 22 Wash. 66 ; 27 Wash. 606. 

SEC. 19. BOARD OR COMMISSIONER MAY RECONSIDER ACTS. 

The Board of State Land Commissioners or the Commissioner 
of Public Lands may review and reconsider any of their official 
acts relating to the public lands of the state until such time as 
a lease, contract or deed shall have been made, executed and 
finally issued by the Commissioner of Public Lands: Provided, 



STATE LAND LAWS 31 

BOARD. SEC. 19 

That the Board of State Land Commissioners or the Commis- 
sioner of Public Lands may recall any lease, contract or deed 
for the purpose of correcting mistakes or errors or supplying 
omissions. (Laws '97, p. 261, sec. 67; amended, Laws '09, p. 
768, sec. 8; sec. 6612 Rem.-Bal. ; 477 sec. 209 Pierce.) 

Former Laws: Laws '95, p. 570, sec. 102. 

Note: The title and text of the act of '09 show purpose to amend 
sec. 67 of the act of '97, although sec. 37 thereof is referred to in 
body of amendatory act. 

Review for mistake or fraud: sec. Ill, post. 

Cited : 14 Wash. 425 ; 38 Wash. 615 ; 44 Wash. 274 ; 54 Wash. 482. 

After assignments of a state land contract have been approved by the com- 
missioner and a deed issued, the same cannot be collaterally attacked for de- 
fects in the assignments : Price v. Loe, 56 Wash. 253. 

Prohibition will not lie to restrain acts of board : State ex rel. White v. 
Commission, 23 Wash. 700. 

Under Laws 1895, p. 570, it was held that the state board has no authority 
to review the acts of the local boards in the location of streets, where they had 
become established : Seattle v. Forrest, 14 Wash. 425. 

Evidence of fraud in bidding held sufficient to warrant disapproval of sale 
and cancellation of deed : State ex rel. Shores v. Ross, 47 Wash. 210. 

Upon the discovery of fraud vitiating a sale, the commissioner or the board 
may disapprove the sale and withhold delivery of an executed deed : State ex 
rel. Shores v. Ross, 44 Wash. 246. 

The state is a necessary party to an action to cancel a deed of state lands, 
and a private citizen who was fraudulently prevented by state officers from 
bidding at a sale has no such interest in the land as would entitle him to main- 
tain such a suit : Powers v. Webster, 47 Wash. 99. 

A tide land deed issued by mistake, without the exception of a right-of-way 
for a state road established before the filing of preference right application to 
purchase, will be reformed so as to exclude such right-of-way : Aberdeen v. 
Wiley, 60 Wash. 434. 

In the absence of fraud, a deed will not be set aside upon the ground that 
the land carried more than the prohibitive amount of timber : State v. Ort, 66 
W T ash. 130. 

Under this section, the commissioner may refuse to sign a contract for the 
sale of a whole tract of land over which a right-of-way for a street was granted 
by an act which did not become effective until after the sale : State ex rel. 
Stirrat v. Ross, 54 Wash. 481. 

An order for the sale of state lands may be rescinded without notice or 
hearing, and such action, being within the discretion of the board, is not sub- 
ject to review by the courts : Poison v. Callvert, 38 Wash. 614. 

An order of the board awarding the preference right to purchase tide lands 
does not become effective until certified to the commissioner, as provided in sec. 
93, post, and until so certified the same is subject to review by the board : Kin- 
near v. Ross, 74 Wash. 391. 

In the absence of fraud, a deed of state lands will not be set aside for a 
mere irregularity in the manner of sale, growing out of the failure of the 
board to strictly comply with the law : State v. Hewitt Land Co., 74 Wash. 573. 



32 STATE LAND LAWS 

SECS. 20-22 APPEAL 

SEC. 20. REPORT TO LEGISLATURE. 

It shall be the duty of the Board of State Land Commissioners 
to fully investigate the management of the public lands of the 
State of Washington, and the laws relating thereto, and to 
report to each session of the Legislature any changes in the 
methods of handling the public lands and any changes in the 
laws relating thereto that may seem to said board wise and 
proper. (Laws '07, p. 212, sec. 1 ; sec. 6609 Rem.-Bal. ; 477 sec. 

15 Pierce.) 

Commissioner's report of reclamation projects: sees. 382-412, post. 
Report to regents of Agricultural College: sec. 436, post. 



CHAPTER 4. 



APPEAL TO SUPERIOR COURT. 

SEC. 92. Right of Appeal Allowed. 

23. Notice; Service and Filing. 

24. Bond. 

25. Transcript. 

26. Trial; Amendments; Costs. 

27. Appeal to Supreme Court. 

28. Remittitur to Board. 

29. Failure to Prosecute in Case of Tide Lands. 

30. Notice of Motion to Dismiss. 

31. Lands in Controversy Subject to Sale. 

SEC. 22. APPEALS FROM ORDERS OF BOARD. 

Any person who is an applicant to purchase or lease any of 
the state's granted, tide, shore, arid or oyster lands or harbor 
areas, or to purchase any timber, stone, fallen timber, hay, gravel 
or other valuable materials situate on any of the public lands of 
the state, and any person whose property rights or interests will 
be affected by such sale or lease, who may deem himself aggrieved 
by any order or decision of the Board of State Land Commis- 
sioners concerning the same, shall have the right to appeal from 
such order or decision to the superior court of the State of 
Washington for the county in which such lands, harbor areas 
or materials are situate. Said Board of State Land Commis- 



STATE LAND LAWS 33 

APPEAL. SEC. 22 

sioners shall forthwith give notice in writing to all parties who 
have appeared in such proceeding of its order or decision. 
(Laws '01, p. 98, sec. 1; sec. 6616 Rem.-Bal. ; 477 sec. 159 
Pierce.) 

Former Laws: Laws '95, p. 561, sec. 82; Laws '97, p. 254, sec. 52. 

Appeal from appraisement of tide lands: sec. 324, post. 

Prom appraisement of railroad right-of-way: sec. 220, post. 

From appraisal of tide land improvements: sec. 144, post. 

From award preference right in tide land contest; stay: sees. 93-94, 
post. 

Limitation of appeal from award right to purchase tide lands: 
sec. 29, post. 

Board may reconsider acts: sec. 19, ante. 

Cited : 27 Wash. 603 ; 36 Wash. 671 ; 42 Wash. 391-442. 

See 2 Remington's Digest, pp. 2414-2416, sees. 122-126. 

One who waives his preference right to lease by failure to make timely ap- 
plication cannot prosecute an appeal from an order directing a leasing at public 
auction : McN aught-Collins Impt. Co. v. Atlantic etc. Co., 36 Wash. 669. 

In the absence of fraud, the courts will not review the decision of matters 
within the discretion of the state oyster commission : State v. Heuston, 56 
Wash. 268. 

Mandamus will not lie to compel the board to appraise and sell state lands, 
their action being wholly discretionary : State ex rel. Bussell v. Bridges, 30 
Wash. 268 ; McN aught etc. Co. v. Atlantic etc. Co., 36 Wash. 669 ; Powers v. 
Webster, 47 Wash. 99. 

A private citizen cannot complain that the shore line is erroneously located 
by the Board of State Land Commissioners unless established upon his uplands : 
Williams v. Cole, 54 Wash. 110. . 

A private citizen cannot maintain an action to set aside a sale of state land 
for fraud : Poicers v. Webster, 47 Wash. 99. 

Upon application for mandamus in the supreme court, the claim that a deed 
has been issued through fraud will be sent to the superior court for trial : State 
ex rel. Shores v. Ross, 44 Wash. 246. 

An appeal lies from an order cancelling a lease of tide lands, hence no remedy 
by injunction : Seattle Wharf Co. v. Callvert, 42 Wash. 390. 

No appeal lies from orders of the commissioner : State ex rel. Smith v. Ross, 
42 Wash. 439. 

An appeal lies from the decision of the board that certain tide lands applied 
for are not subject to sale : Ilwaco v. Ilwaco Ry. & Nav. Co., 17 Wash. 652. 

Under Laws 1897, p. 254, sec. 52, it was held that where an application for 
the purchase of tide lands is contested by two other claimants for separate parts 
thereof, and all the applications are tried before the board as one application, 
and finding made against the original applicant, such applicant is entitled to 
bring the matter up for review before the superior court by one appeal as against 
both contestants : State ex rel. Maylor v. Superior Court, 19 Wash. 198. 

Upon appeal to the superior court from the decision of the Board of Land 
Commissioners, respecting a contest for the purchase of tide lands, the court 
should hear the appeal upon its merits, and not dismiss it on the ground that 
appellant's application was incomplete and did not conform to the law in every 
particular : Oliver t: Dupee, 16 Wash. 634. 

The fact that an applicant for the purchase of tide lands is a contestant 
against the first applicant for their purchase does not preclude him from prose- 
2 



34 STATE LAND LAWS 

SECS. 23-24 APPEAL. 

cuting an appeal from an adverse decision of the Board of State Land Commis- 
sioners : Oliver v. Dupee, 16 Wash. 634. 

The lessee of a harbor area may maintain an action to enjoin the cancella- 
tion of his lease: Seattle Wharf Co. v. Callvert, 42 Wash. 390. 

The fact that an applicant for the purchase of tide lands is not qualified to 
take and hold the lands cannot be urged by one who is incompetent as a con- 
testant : Hays v. Merchants' Bank, 10 Wash. 573. 

Where the application of the abutting owner, claiming a preference right to 
purchase tide lands, is denied by the board, his remedy is by appeal from the 
order of rejection, and injunction will not issue to prevent the sale of the lands : 
Kinnear v. Ross, 74 Wash. 391. 

SEC. 23. NOTICE OF APPEAL. 

Such appeal shall be taken by the person desiring to appeal 
serving upon the adverse party, if any there be, and also upon 
all other parties who have appeared in the proceeding before 
said board, or upon their attorneys, a notice in writing that he 
appeals from such order or decision to the said superior court, 
which said notice of appeal must be served as aforesaid, and, to- 
gether with the proof or admission of service endorsed thereon or 
attached thereto, must be filed with the said board within thirty 
days from and after the day such order or decision is made. 
(Laws '01, p. 98, sec. 2; sec. 6617 Rem.-Bal. ; 477 sec. 161 
Pierce.) 

Former Laws: Laws '95, p. 561, sec. 82; Laws '97, p. 254, sec. 52. 

Cited* in 27 Wash. 603 ; 40 Wash. 98 ; 42 Wash. 442. 

Appeal cannot be taken more than thirty days after order of sale : McNaught 
etc. Co. v. Atlantic etc. Co., 36 Wash. 669. 

Under Laws 1889-90, p. 431, notice of appeal from state board of equaliza- 
tion was required to be filed with the board within ten days after the rendition 
of the decision : Union etc. Co. v. Katz, 8 Wash. 389. 

Where an appeal to the superior court has been taken from the decision of 
the state board and notice thereof mailed at Port Townsend on the eighth day 
after the decision was rendered and addressed to the board at Olympia, it must 
be held as made within the ten days allowed by Laws 1889-90, p. 431, when there 
is nothing to controvert such fact except that the notice was marked as filed 
on the eleventh day : Union Wharf Co. v. Katz, 11 Wash. 407. 

SEC. 24. BOND ON APPEAL. 

At the time of filing such notice of appeal or within five days 
thereafter, the appellant shall also file with said board a bond to 
the State of Washington in the penal sum of two hundred dol- 
lars, executed by said appellant and one or more sureties, who, 
unless a surety company bond be given, shall justify according 
to law ; which bond shall be conditioned that the appellant shall 
pay all costs that may be awarded against him on the appeal or 



STATE LAND LAWS 35 

APPEAL. SECS. 25-26 

on the dismissal thereof, and shall be approved by one of the 
members or by the secretary of said board. (Laws '01, p. 98, 
sec. 3; sec. 6618 Rem.-Bal. ; 477 sec. 163 Pierce.) 

Former Laws: Laws '95, p. 561, sec. 82; Laws '97, p. 254, sec. 52. 

Bond on appeal from appraisal of tide lands: sec. 324, post.- 

Cited in 27 Wash. 603 ; 40 Wash. 98 ; 42 Wash. 442. 

Bonds on appeal : 1 Remington's Digest, pp. 133-141, sees. 189-208 ; Vol. 4, 
idem, pp. 56-57, sees. 189-206. 

SEC. 25. TRANSCRIPT. 

Within thirty days after said notice of appeal has been filed, 
said board shall require its secretary to make a transcript of all 
the entries in the records of said board relating to the case, and, 
under the seal of said board, to certify the same together with all 
the processes, original pleadings and other papers relating to the 
case and filed with said board, except the evidence used in such 
proceeding before said board ; and shall require its secretary to 
file said certified transcript and papers, at the expense of the ap- 
pellant, with the clerk of the superior court of the county to 
which said appeal has been taken. (Laws '01, p. 99, sec. 4; 
sec. 6619 Rem.-Bal.; 477 sec. 165 Pierce.) 

Former Laws: Laws '95, p. 561, sec. 82; Laws '97, p. 254, sec. 52. 

A copy of the pleadings and papers connected with a contest prepared and 
certified by the board may, on appeal from the decision of the superior court, be 
sent to the supreme court as the transcript in the cause, and it is not necessary 
to bring it up by a bill of exceptions : Oliver v. Dupee, 16 Wash. 634. 

SEC. 26. TRIAL DE NOVO AMENDMENTS COSTS. 

The hearing and trial of said appeal in said superior court 
shall take place de novo before the court without a jury, upon 
the pleadings and papers so certified. The court or judge may 
order the pleadings to be amended, or new and further pleadings 
to be filed. Costs on said appeal shall be awarded to the prevail- 
ing party as is now provided by law in cases of actions com- 
menced in the superior court, but no costs shall be awarded 
against said board or the state. Should judgment be rendered 
against the appellant, the costs on appeal shall be taxed against 
him and the sureties on the appeal bond, except when the state 
is the only adverse party, and shall be included in said judgment, 
and execution may issue from said superior court for the collec- 



dim. \^-A. 



36 STATE LAND LAWS 

SECS. 27-29 APPEAL. 

tion thereof. (Laws '01, p. 99, sec. 5; sec. 6620 Rem.-Bal. ; 
477 sec. 167 Pierce.) 

Former Laws: Laws '95, p. 561, sec. 82; Laws '97, p. 254, sec. 52. 

Cited in 37 Wash. 1 ; 58 Wash. 94. 

Upon appeal from an order of the board awarding the preference right to 
purchase shore lands, it is proper to allow the application to be amended so as 
to base the same upon an assignment of the preference right to purchase, In- 
stead of upon the ownership of the abutting upland : Shorett v. Signor, 58 
Wash. 89. 

Under this section the superior court cannot, upon an appeal from the Board 
of State Land Commissioners, review a decision of the board as to what are the 
proper records in the case, made in a proceeding instituted by one of the parties 
pending the appeal, whereby the board refused to correct the record : Squire v. 
Sidney, 37 Wash. 1. 

SEC. 27. APPEAL TO SUPREME COURT. 

Any party feeling himself aggrieved by the judgment of said 
court, may appeal therefrom to the Supreme Court of the State 
of Washington in the same manner and within the time provided 
by law for appealing from judgments on actions at law to such 
Supreme Court. (Laws '01, p. 99, sec. 6; sec. 6621 Rem.-Bal.; 
477 sec. 169 Pierce.) 

Former Laws: Laws '95, p. 561, sec. 82; Laws '97, p. 254, sec. 52. 

SEC. 28. RECORD CERTIFIED TO BOARD. 

Unless appeal be taken from the judgment of said superior 
court, the clerk of said court shall, on demand, certify, under 
his hand and seal of such court, a true copy of such judgment 
to the Board of State Land Commissioners, which judgment 
shall thereupon have the same force and effect as if rendered by 
said board. (Laws '01, p. 99, sec. 7; sec. 6622 Rem.-Bal.; 477 
sec. 171 Pierce.) 

Former Laws: Laws '95, p. 561, sec. 82; Laws '97, p. 254, sec. 52. 

Mandamus will not lie to compel the sale of tide lands to one who was ad- 
judged by the superior court to have the preference right to purchase, when 
there is pending before the court an undetermined motion to vacate the judg- 
ment upon which the application for writ is based : State ex rel. Kinnear v. 
Bridges, 21 Wash. 591. 

SEC. 29. DISPOSITION OF TIDE LANDS LACK OF PROSECUTION. 

In all cases involving the prior privilege of purchase of tide 
lands of the first class, wherein appeals have been or shall be 
taken from any decision of the Board of State Land Commission- 
ers to the superior court, and in which no trial has been or shall 



STATE LAND LAWS 37 

APPEAL. SECS. 30-31 

be had in said superior court for a period of time exceeding two 
years after the date of the taking of such appeal, and the prefer- 
ence privilege of purchase given to the abutting upland owners 
and to improvers of such tide lands, shall be and the same is 
hereby declared to be withdrawn and concelled. (Laws '99, p. 
120, sec. 1; sec. 6751 Rem.-Bal. ; 477 sec. 177 Pierce.) 

NOTE: Pending appeals were saved by a proviso to this section. 

This and the following sections are not affected by the preceding 
sections of the chapter: Laws '01, p. 100, sec. 9. 

Conflicting applications to purchase, hearing on: sec. 93, post. 

SEC. 30. SAME NOTICE OF DISMISSAL. 

The Attorney General of the state is authorized and directed 
to enter, on behalf of the state, motions of dismissal in all such 
appeals now pending or hereafter to be prosecuted: Provided, 
however, That as to appeals hereafter taken thirty days' notice 
shall be given by the Attorney General to the parties to such ap- 
peal of the intention of the state to enforce such withdrawal and 
cancellation. (Laws '99, p. 120, sec. 2; sec. 6752 Rem.-Bal.; 
477 sec. 179 Pierce.) 

Attorney General to appear when directed by Board State Land 
Commissioners: sec. 5Qy 2 , post. 

SEC. 31. SAME LANDS SUBJECT TO SALE. 

All lands so withdrawn shall be reappraised and sold in the 
manner prescribed by law for the appraisement and sale of un- 
applied-for tide lands of the first class. (Laws '99, p. 120, sec. 
3; sec. 6753 Rem.-Bal.; 477 sec. 181 Pierce. 

See note, sec. 29. 

Manner of sale: sec. 95, post. 



38 STATE LAND LAWS 

SECS. 32-33 FEES. 



CHAPTER 5. 



COLLECTION AND DEPOSIT OF MONEYS. 

SEC. 32. Fees of Commissioner. 

33. Record; Payment to Treasurer. 

34. Daily Payment to Treasurer. 

35. Funds in Suspense, Deposit. 

36. Designation of Depositories. 

37. Security for Deposits. 

38. Interest on Deposits. 

39. Statement of Daily Balances. 

40. Same; Contents. 

41. Proceeds of Sales; How Credited. 

SEC. 32. FEES OF COMMISSIONER. 

The Commissioner of Public Lands for services performed by 
him as such may charge and collect the following fees: (1) 
For a copy of any record, document or paper on file in his office, 
fifteen cents per folio; (2) for affixing a certificate and seal, 
$1.00; (3) for each original contract of sale, lease, or bill of 
sale, $2.00; (4) for each deed, $5.00; (5) issuance of harbor 
area lease and approval of bond, $5.00; (6) approval of each 
assignment of contract, lease, or bill of sale, $1.00 ; (7) for each 
copy of the plat of a township or any portion thereof, not less 
than $2.00; (8) for subdivision and issuance of new contracts, 
after the original has been entered on the records, $2.00 for 
each new contract. (Laws '97, p. 260, sec. 62 ; amended Laws 
'03, p. 117, sec. 9; amended Laws '07, p. 757, sec. 9; sec. 6633 

Rem.-Bal.; 477 sec. 199 Pierce.) 

Former Laws: Laws '89-'90, p. 253, sec. 12; Laws '93, p. 402, sec. 
32; Laws '95, p. 569, sec. 97. 

Fees for division of lease or contract: sec. 110, post. 

Arid land fees: sees. 407-411, post. 

The commissioner is authorized to collect the fee prescribed by this section 
upon issuing a deed pursuant to decree quieting title, as provided in sec. 417 
post: Opinions Atty. Gen'l, Dec. 22, '13. 

SEC. 33. FEE BOOK DISPOSITION OF FEES. 

The Commissioner of Public Lands shall keep a fee book, in 
which must be entered all fees received by him, with the date 
paid and the name of the person paying the same, and the nature 



STATE LAND LAWS 39 

MONEYS. SEC. 34 

of the services rendered for which the fee is charged, which book 
must be verified monthly by his affidavit entered therein ; and all 
fees so collected by him shall be paid into the state treasury 
monthly, and the receipt of such Treasurer taken, to be retained 
in the office of said Commissioner of Public Lands as a voucher. 
(Laws '97, p. 261, sec. 63; sec. 6634 Rem.-Bal. ; 477 sec. 201 
Pierce.) 

Former Laws: Laws '93, p. 402, sec. 33; Laws '95, p. 569, sec. 98; 
Laws '89-'90, p. 253, sec. 13. 

Probably superseded by sees. 34-35, infra. 

Disposition of arid land fees: sec. 411, post. 

SEC. 34. PAYMENT OF MONEYS INTO STATE TREASURY. 

It shall be the duty of each state officer or other person 
(other than county treasurers) who is authorized by law to col- 
lect or receive moneys belonging to the state or to any depart- 
ment or institution thereof, to transmit to the Treasurer of the 
state each day, all moneys collected by him on the preceding 
day, together with a statement of the source from which each 
item of said money was derived, and to transmit to the State 
Auditor a duplicate of said statement : Provided, That the pro- 
visions of this section shall apply to the office of Commissioner of 
Public Lands in so far only as to require said officer to transmit 
all moneys received in payment in principal and interest under 
outstanding contracts and leases where no question is raised as 
to the right of the state to receive payment ; and as to all cases 
where the right of the state to receive such moneys is in doubt 
the Commissioner shall transmit the same to the Treasurer within 
five days after the determination of the Commissioner of [or] 
the Board of State Land Commissioners that the money is due 
to the state : Provided further, That money shall not be deemed 
to have been paid to the State of Washington upon any sale 
or lease of land until the money shall have been paid to the 
State Treasurer. (Laws '07, p. 179, sec. 1 ; amended Laws '09, 
p. 433, sec. 1 ; sec. 5029 Rem.-Bal. ; 485 sec. 267 Pierce.) 

Former Laws: Laws '89-'90, p. 444, sec. 13. 

Deposit of moneys in suspense: next section. 

Cited : 51 Wash. 552. 



40 STATE LAND LAWS 

SECS. 35-36 MONEYS. 

SEC. 35. DAILY DEPOSIT OF FUNDS. 

It shall be the duty of the Commissioner of Public Lands of 
this state, and he is hereby required to deposit daily all moneys 
and fees collected or received by him as such commissioner under 
the existing land laws of the state, including all moneys and 
fees received by him which remain in his custody and control for 
a greater or less time awaiting disposition under the provisions 
of the laws of the state or the action of the board of land com- 
missioners, as provided by law ; and all moneys and fees from all 
sources received by him in the discharge of his official duties 
or acting for or in behalf of the State Board of Land Commis- 
sioners : Provided, however, That all moneys collected or re- 
ceived by the Commissioner of Public Lands, belonging to the 
state at the time, or to any department or institution thereof, 
in payment of principal and interest under outstanding con- 
tracts and leases where no question is raised as to the right of the 
state to receive payment, shall be paid to the State Treasurer 
daily in the manner provided by existing laws. (Laws '11, p. 

299, sec. 1; 3 Rem.-BaL, sec. 5070-1; 485 sec. 171 Pierce.) 
See next preceding section. 

SEC. 36. DESIGNATION OF DEPOSITORIES. 

The deposit of all moneys other than the moneys paid to the 
State Treasurer as by law required, provided for in section 35, 
shall be made in state depositaries only and in no other institu- 
tion. The depositary or depositaries shall be designated and 
selected by the state board of finance in the manner provided by 
existing laws for the designation of state depositaries, and after 
such selection and designation by the state board of finance 
notice thereof shall be given to the Commissioner of Public Lands, 
and the commissioner shall thereupon make daily deposits of the 
moneys in his official custody and control as provided in section 
35, and such deposit shall be made in the depositary designated 
by the State Board of Finance and in no other institution. 
(Laws '11, p. 300, sec. 2; 3 Rem.-BaL, sec. 5070-2; 485 sec. 173 
Pierce.) 

State depositories: Laws '07, p. 50, chap. 37. (Sec. 5065 et seq., 
Rem.-Bal.; 485 sec. 289 et seq., Pierce.) 



STATE LAND LAWS 41 

DEPOSITARIES. SECS. 37-38 

SEC. 37. SECURITY FOR DEPOSITS. 

Every state depositary selected by the state board of finance 
as provided in section 36 for the purposes herein, and for the 
receipt and deposit of all moneys in the custody, possession and 
control of the Commissioner of Public Lands, other than the 
moneys transmitted daily to the state treasurer, shall file with 
the state treasurer a good and sufficient bond or collateral 
securities, or bonds of the United States, or bonds or warrants 
of the State of Washington, or of any county or school district 
in this state, to be approved by the state board of finance, as a 
security and pledge for the payment on demand of the Commis- 
sioner of Public Lands, or his order or his successor, free of ex- 
change, at any place in this state designated by the commis- 
sioner, of all such moneys so deposited by him with said de- 
positary, and the interest thereon at the rate fixed by the state 
board of finance. Such bond or securities shall be at least equal 
to the amount of the moneys to be received by said depositary, 
conditioned as hereinbefore provided, and shall, before any de- 
posit by the Commissioner of Public Lands, be approved by the 
state board of finance. Such depositary may be examined from 
time to time as by existing laws provided in relation to state 
depositaries. (Laws '11, p. 300, sec. 3; 3 Rem.-Bal., sec. 5070- 

3; 485 sec. 175 Pierce.) 

State depositories: see note to preceding section. 

SEC. 38. INTEREST ON DEPOSITS. 

The state board of finance shall from time to time fix the 
rate of interest to be paid by said depositary or depositaries 
upon said moneys deposited with it or them by the Commissioner 
of Public Lands, as provided in section 35. The rate of in- 
terest shall be not less than two per cent, per annum on all such 
deposits made by the Commissioner of Public Lands. (Laws 
'11, p. 301, sec. 4; 3 Rem.-Bal., sec. 5070-4; 485 sec. 177 
Pierce.) 
SEC. 39. INTEREST TO BE PAID QUARTERLY. 

Every state depositary selected as hereinbefore provided for 
the receipt and deposit of moneys by the Commissioner of Public 



the re( 



42 STATE LAND LAWS 

SECS. 40-41 FUNDS. 

Lands, shall quarterly on the first of January, April, July and 
October file with the state auditor a sworn statement of the 
amount of moneys on deposit with it to the credit of the Com- 
missioner of Public Lands, together with a computation of the 
interest earned thereon at the rate fixed by the state board of 
finance, said computation and statement of interest to be com- 
puted upon the daily balance on deposit by the commissioner, 
and said statement or computation shall also be made to the 
state board of finance. The interest shall thereupon be forth- 
with remitted by the depositary to the state treasurer and by 
him placed in and credited to the general fund. (Laws '11, p. 
301, sec. 5; 3 Rem.-BaL, sec. 5070-5; 485 sec. 179 Pierce.) 
State Depositories: See note to sec. 37, ante. 

SEC. 40. STATEMENT OF DEPOSITORY WHAT TO CONTAIN. 

The statements required of the depositaries shall be upon such 
forms as may be prescribed by the state board of finance, and 
shall be accompanied by the affidavit of the president and cashier 
of such depositary, to the effect that it is in all respects true and 
correct, and that except for the interest therein credited, neither 
said depositary nor any officer, agent or employes thereof, nor 
any person in its behalf, has in any way whatsoever given, paid 
or rendered, or promised to give, pay or render to any member 
of the state board of finance, or to any person or corporation 
whatever, any money, credit, service or benefit whatsoever by 
reason or in consideration of a deposit with it of any portion 
of the moneys in the custody, possession or control of the Com- 
missioner of Public Lands. Any person who shall make any 
false statement in any affidavit required by this section shall be 
guilty of perjury. (Laws '11, p. 301, sec. 6; 3 Rem.-Bal., sec. 
5070-6; 485 sec. 181 Pierce.) 

SEC. 41. INTEGRITY OF GRANTS PROCEEDS OF SALE. 

All funds arising from the sale of lands granted to the State 
of Washington, for any purpose, shall be held intact for the 
purpose for which they were granted. Lands, when selected and 
assigned to said grant, shall not be transferred to any other 






STATE LAND LAWS 4,3 

FUNDS. SEC. 41 

grant, nor shall the moneys derived from said lands be applied to 
any other purpose than for that of the grant to which they have 
been assigned. (Laws '97, p. 247, sec. 37 ; sec. 6694 Rem.-Bal. ; 
477 sec. 115 Pierce.) 

Former Laws: Laws '95, p. 548, sec. 48. 

NOTE: This section was in terms amended by sec. 8, p. 768, Laws '09 
(sec. 19, supra}, but the title and text of said amendatory act clearly 
refer to another section. 

Compare sec. 433, post, capitol building grant. 

Lands transferred to university grant: sec. 444, post. 

Escheats inure to common school funds: sec. 56, post. 

School lands to common school funds: Const., Art. IX, sec. 3, 
ante, and Laws '09, p. 320, sees. 1-3 (sees. 4598-4600 Rem.-Bal.). 

University lands to university funds: sees. 442-443, post, and Laws 
'07, p. 393, sees. 1-2 (sees. 5041-5042 Rem.-Bal.) 

Normal school lands to normal school funds: Laws '05, p. 73, sec. 
4 (sec. 5046 Rem.-Bal.) 

Capitol building lands to capitol building fund: sees. 432-433, post. 

Agricultural College and Scientific School land; disposition of 
proceeds: sec. 441, post, and Laws '05, p. 73, sec. 2 (sec. 5044 Rem.- 
Bal.) 

Certain shore lands to A.-Y.-P. E. and shore land improvement funds: 
sees. 496-497, post. 

Sale tide lands to general fund: Laws '07, p. 13, sec. 1 (sec. 5033 
Rem.-Bal.) 

Rental of same: see sec. 154, post. 

Oyster reserves to oyster fund: Laws '03, p. 343, sec. 12. (Sec. 5252 
Rem.-Bal.) But see note to sec. 365, post. 

Rental of water ways: sec. 169, post. 

Harbor area rentals: sec. 154, post. 

Jefferson county oyster reserves to special fund and general fund: 
sec. 483, post. See note thereto. 

Payment for extension of time for removal of timber credited as 
original sale: sees. 73-75, post. 

This section executes the provisions of the Enabling Act: sees. 
585-590, post. 

In the absence of other disposition by statute, the proceeds of the lease or 
sale of tide lands, shore lands and harbor areas belong to the state's general 
fund : Op'ns Atty. Gen., '07-'08. p. 8, citing Tacoma Land Co. v. Young, 18 Wash. 
504, which holds that such proceeds may be used as the state sees fit. 



44 STATE LAND LAWS 

SECS. 42-43 INSPECTION 

CHAPTER 6. 



SELECTION OF GRANTED LANDS. 
SEC. 42. Inspection and Appraisal: Inspectors. 

43. Inspectors; Falsifying or Disclosing Reports. 

44. Same; Compensation. 

45. Same; Oath and Bond. 

46. Same; Duties and Reports. 

47. Inspection of Unsurveyed Lands. 

48. Lists of Selected Lands. 

49. Relinquishments of Lands. 

50. Contested Selections; Witnesses. 

5Qy 2 . Same; Attorney General or Commissioner to Appear. 

51. .Non-mineral Certificates. 

52. Aid of Government Survey. 

53. Exchange of Lands with United States. 

54. Same; Inspection. 

55. Same; Conveyance of Relinquished Lands. 
Cross-References: GRANT OF LANDS TO THE STATE: sec. 581 

et seq,., post; SURVEY AND SELECTION: sec. 593 et seq., post. 

SEC. 42. INSPECTION AND APPRAISAL INSPECTORS. 

The selection, inspection and appraisal of land as hereinafter 
provided for in this chapter* may be made by one of the members 
of the said board or commission; but when it is deemed advis- 
able and for the best interest of the state, the Commissioner of 
Public Lands, with the consent and approval of the Board of 
State Land Commissioners may employ one or more citizens of 
the state, familiar with such work to personally inspect, ap- 
praise or select lands, [and] harbor areas. (Laws '97, p. 231, 
sec. 5 ; amended Laws '07, p. 748, sec. 1 ; sec. 6642 Rem.-Bal. ; 
477 sec. 25 Pierce.) 

Former Laws: Laws '89-'90, p. 438, sees. 3-4; Laws '91, p. 399, sees. 
1-2; Laws '95, p. 528, sec. 2; Laws '95, p. 529, sec. 8. 

*Chap. 89, Laws '97, and acts amendatory. 

Inspection before sale: sec. 69, post; before release: sec. 138, post. 

Cited : 19 Wash. 433 ; 26 Wash. 381 ; 27 Wash. 607 ; 33 Wash. 130 ; 34 Wash. 
381; 49 Wash. 133. 

SEC. 43. SAME PENALTY FOR DISCLOSING INFORMATION. 

If any state land inspector knowingly or wilfully shall make 
a false oath concerning the appraisement on said lands, or know- 



: 



STATE LAND LAWS 45 

INSPECTORS. SECS. 44-45 

ingly or wilfully divulge anything, or give any information in 
regard to such land other than to the Board of State Land Com- 
missioners, or Commissioner of Public Lands, he shall forthwith 
be removed from office and be deemed guilty of perjury and sub- 
ject to the penalties thereof, and it shall be and is hereby made 
the duty of the Board of State Land Commissioners, or the 
Commissioner of Public Lands, to prosecute him therefor. (Laws 
'97, p. 234, sec. 10y 2 . S ec. 6648 Rem.-Bal. ; 477 sec. 39 Pierce.) 

Former Laws: Laws '91, p. 402, sec. 10; Laws '95, p. 531, sec. 12. 

Perjury, definition and penalty: Laws '09, p. 920, sees. 99-101. 
(Sees. 2351-2353 Rem.-Bal.) 

Cited : 4 Wash. 101 ; 8 Wash. 114. 

SEC. 44. COMPENSATION OF INSPECTORS. 

The compensation of such inspectors so appointed by the 
Commissioner of Public Lands with the consent and approval 
of the Board of State Land Commissioners shall not exceed 
seven dollars per diem for the time actually employed, and neces- 
sary expenses, which shall be submitted to the Commissioner of 
Public Lands in an itemized and verified account, to be approved 
by the Commissioner of Public Lands. (Laws '97, p. 231, sec. 6 ; 
amended Laws '07, p. 748, sec. 2 ; sec. 6643 Rem.-Bal. ; 477 sec. 
27 Pierce.) 

Former Laws: Laws '91, p. 401, sec. 6; Laws '93, p. 391, sec. 10; 
Laws '95, p. 529, sec. 8. 

Construction of former laws: Strobach v. State, 17 Wash. 123. 

SEC. 45. BOND AND OATH OF INSPECTORS. 

The said state land inspectors, before entering upon their 
duties, shall each enter into a bond unto the State of Washing- 
ton, in the penal sum of five thousand dollars ($5,000), con- 
ditioned to well and faithfully perform their duties as such, to 
be approved by the Commissioner of Public Lands, and shall 
take and subscribe an oath before some officer authorized to ad- 
minister oaths, according to the laws of the state, in substance 
as follows : "I, A B, do solemnly swear that I will well and truly 
perform the duties of land inspector for the State of Washing- 
ton, in the selection, inspection and appraisement of the lands 
granted thereto, to the best of my knowledge and ability ; and 



46 STATE LAND LAWS 

SEC. 46 INSPECTION. 

of the board, or commission, or the Commissioner of Public 
Lands, any information in relation to location, character and 
value of the public lands examined by me, or disclose to anyone 
anything in relation to such public lands except to such board 
or commission or Commissioner of Public Lands ; that I will, 
when directed, personally and carefully examine each parcel or 
tract of land to be listed by me, and make an appraisement and 
value of the same and the timber thereon ; that I am not nor will 
I become interested directly or indirectly in the sale or purchase 
of said lands, and that I will report every material fact connected 
with said lands directly to the Board of State Land Commission- 
ers, to enable it to determine the situation, value and character of 
the timber thereon and the lands selected by me ; in investigating, 
appraising, or in the prosecution of any trespass, I do solemnly 
swear that I will act according to the best of my knowledge and 
ability, and will protect the interests of the State of Washing- 
ton." That upon filing such bond and affidavit the inspector 
may be authorized and commissioned by said Commissioner of 
Public Lands to view, select and appraise lands as hereinafter 
provided for. (Laws '97, p. 232, sec. 8 ; sec. 6645 Rem.-Bal. ; 
477 sec. 31 Pierce.) 

Former Laws: Laws '91, p. 399, sec. 3; Laws '93, p. 392, sec. 11; 
Laws '95, pp. 530, 535, sees. 9, 19. 

Official bonds, generally: Laws '89-'90, p. 34 et seq. (Sec. 8324 
et seq., Rem.-Bal.; 53 sec. 35 et seq., Pierce.) 

SEC. 46. INSPECTORS' DUTIES AND REPORTS. 

The said Commissioner of Public Lands may instruct the said 
State Land Inspector to view and examine the said lands sub j ect 
to selection by the smallest legal subdivisions of forty acres each, 
and shall classify such lands into grazing, farming and timbered 
lands, and estimate the value of each tract so viewed ; said State 
Land Inspector shall also in timbered lands estimate the amount 
and value of the standing timber thereon and the value thereof 
after the timber is removed; he shall make a report thereof to 
the Commissioner of Public Lands as amply and expeditiously 



STATE LAND LAWS 47 

INSPECTION. SECS. 47-48 

as possible on blank lists to be furnished by said Commissioner 
of Public Lands for that purpose; that said report shall be 
made under oath, to the effect that the inspector has personally 
examined the tracts mentioned in each forty acres thereof, that 
said report and appraisement is made from such personal exam- 
ination and is to the best of affiant's knowledge and belief true 
and correct, and that the lands are not occupied by any bona 
fide settler. They shall also separately appraise all valuable ma- 
terial thereon, improvements, etc. (Laws '97, p. 233, sec. 9 ; 
sec. 6646 Rem.-Bal. ; 477 sec. 33 Pierce.) 

Former Laws: Laws '89-'90, p. 438, sees. 3-4; Laws '91, p. 400, sec. 
4; Laws '95, p. 530, sec. 10. 

Inspectors are ex-officio forest rangers: Laws '11, p. 629, sec. 7. 

Abstract of reports, how and where kept: sec. 6, ante. 

Inspection for exchange of lands with United States: sec. 54, post. 

Inspection for appraisement and sale: sec. 69, post. 

Federal laws for grants and selections: sees. 583 et seq., post. 

Cited: 25 Wash. 358. 

SEC. 47. INSPECTION OF UNSURVEYED LANDS. 

Said state land inspectors shall, immediately upon their ap- 
pointment, under the direction of the Commissioner of Public 
Lands, inspect such unsurveyed lands or townships as the board 
may designate, with a view to determining whether it is desir- 
able to have them reserved for the selection of lands to complete 
the grant of public lands to the state. They shall report the re- 
sult of their inspection without delay, showing approximately 
the number of acres arable, the amount, quality, character and 
value of timber, the nearest practicable route for removing the 
same, the number of settlers in the township and the value of the 
improvements. (Laws '97, p. 231, sec. 7; sec. 6644 Rem.-Bal.; 
477 sec. 29 Pierce.) 

Former Laws: Laws '89-'90, p. 287, sec. 3; Laws '91, p. 400, sees, 
4-5; Laws '95, p. 532, sees. 13-14. 

State may cause survey: sees. 52 and 596, post. 

SEC. 48. LISTS OF SELECTED LANDS. 

Upon receipt of such report or reports the Board of State 
Land Commissioners shall arrange and classify the lands so se- 



48 STATE LAND LAWS 

SEC. 49 SELECTION. 

lected into several lists for filing in the general United States 
district land offices of the United States in this state, and shall 
classify the lands and apportion them to the several specific 
grants under said act of Congress referred to, so that there may 
be lands of nearly as equal value as possible apportioned to the 
several grants. Said lists shall be made in triplicate, one for 
filing in said local land offices, one for transmission by it to the 
Secretary of the Interior, and one to be filed in the office of the 
Commissioner of Public Lands. Said lists shall state the grant 
for which the same is made. The Commissioner of Public Lands 
shall file said lists so arranged, classified and duly certified under 
the rules and regulations of the Secretary of the Interior, in the 
several United States district land offices throughout the state 
having jurisdiction thereof: Provided, That if it be found, upon 
the filing of said lists, that any of the lands described therein 
have been filed upon or applied for, then the Commissioner of 
Public Lands is authorized to eliminate therefrom such lands : 
And provided further, Said Commissioner of Public Lands or 
Board of State Land Commissioners may decline to list any lands 
reported by the inspectors which may not by them be deemed 
desirable. (Laws '97, p. 234, sec. 10; sec. 6647 Rem.-Bal. ; 
477 sec. 35 Pierce.) 

Former Laws: Laws '89-'90, p. 286, sees. 1-3; Laws '91, p. 401, sec. 
5; Laws '95, p. 531, sec. 11. 

Lands assigned to particular grant not to be transferred: sec. 41, 
ante. 

Lands to be selected under direction of Secretary of Interior: sees. 
583 and 592, post. 

Cited: 17 Wash. 123. 

SEC. 49. LANDS MAY BE RELINQUISHED. 

The Board of State Land Commissioners shall have authority 
and power to relinquish to the United States all lands heretofore 
selected by the Territory of Washington or any officer, board or 
agent thereof, or by the State of Washington or any officer, 
board or agent thereof, or which may be hereafter selected by the 
State of Washington, or any officer, board or agent thereof, in 
pursuance of any grant of public lands made by the United 



STATE LAND LAWS 49 

SELECTION. SECS. 50-50% 

States or the Congress thereof to the territory or state for any 
purpose or upon any trust whatever, the selection of which has 
failed or been rejected or shall fail or shall be rejected for any 
reason. (Laws '99, p. 105, sec. 1 ; sec. 6650 Rem.-Bal. ; 477 
sec. 37 Pierce.) 

Relinquishment upon exchange of lands: sec. 53, post. 

SEC. 50. CONTESTS BOARD MAY APPEAR WITNESSES. 

Said board shall appear before the United States land offices 
in all cases involving the validity of the selections of any of the 
state's granted or school lands, and shall be authorized and em- 
powered to summon witnesses and pay necessary witness fees and 
clerical hire in such contested cases. (Laws '97, p. 261, sec. 64; 
sec. 6614 Rem.-Bal. ; 477 sec. 203 Pierce.) 

Former Laws: Laws '95, p. 569, sec. 99. 

Cited : 17 Wash. 633 ; 22 Wash. 66 ; 27 Wash. 606. 

SEC. 50"/2- ATTORNEY GENERAL OR COMMISSIONER TO AP- 
PEAR FOR STATE. 

It shall be the duty of the Attorney General, and he is hereby 
authorized to institute or defend any action or proceeding to 
which the state or any officer thereof is or may be a party or in 
which the interests of the state are involved in any court of this 
or any other state, or of the United States, or in any depart- 
ment of the United States, or before any board or tribunal, 
when so directed to do by the Commissioner of Public Lands or 
the Board of State Land Commissioners, or upon his own initia- 
tive. The Commissioner of Public Lands is also authorized to 
appear for and represent the state in any such action or pro- 
ceeding, relating to the public lands of the state. (Laws '97, p. 
261, sec. 65; amended, Laws '09, p. 767, sec. 7; sec. 6615 
Rem.-Bal. ; 477 sec. 205 Pierce.) 

Former Laws: Laws '95, p. 570, sec. 100. 

Attorney General to procure dismissal of appeals in certain cases: 
sec. 30, ante. 

To fix compensation of claim agent: sec. 11, ante. 

To agree upon exchange of lands with U. S.: sec. 53, post. 

To prescribe form of contract of sale: sec. 106, post; of lease: sec. 
134, post. 



50 STATE LAND LAWS 

SECS. 51-52 SELECTION. 

To appraise shore lands of Lakes Union and Washington: sec. 492> 
post. 

To defend in condemnation suits: sec. 257, post. 

Board of State Land Commissioners may appear in certain matters: 
sec. 50, ante. 

Attorney General of United States to appear for Indian tribes in 
suits by State: sec. 601, post. 

Cited : 28 Wash. 501. 
SEC. 51. NON-MINERAL CERTIFICATES. 

The Commissioner of Public Lands is hereby authorized and 
directed to cause publication of notices of application to the 
interior department for certification that state school land or 
other granted land is non-mineral in character, in accordance 
with the rules of the general land office. (Laws '97, p. 246, sec. 
33 ; sec. 6649 Rem-.Bal. ; 477 sec. 107 Pierce.) 

Mineral lands not subject to selection: sec. 591, post. 

Selection of lands with coal reserved to United States: sec. 600,. 
post. 

SEC. 52. SURVEY OF LANDS FOR SELECTION. 

Upon the recommendation of the board the Governor shall, 
if he concurs, cause an application to be filed with the Surveyor 
General for the survey of such township or townships, and 
shall cause due notice thereof to be published in accordance with 
sec. 596 of this code, and under such rules and regulations as 
may be made by the Secretary of the Interior. Whenever the 
United States Surveyor General shall have made an estimate 
of .the cost of survey, and it shall appear, under the decision and 
rulings of the Department of the Interior, that there is no 
federal government appropriation for the survey of any town- 
ship, applied for by the state, the Governor is authorized and 
empowered to execute a voucher to the State Auditor for the 
amount of such estimate, and the State Auditor is authorized 
and directed, upon the filing of such voucher, to issue a warrant 
on the general fund for the amount of the same, and the State 
Treasurer shall pay said warrant out of the moneys appropri- 
ated for said purpose. Upon the receipt of such warrant the 
Governor shall deposit the same to the credit of the United 
States, in accordance with such rules and regulations as may be 



STATE LAND LAWS 51 

EXCHANGE WITH U. S. SECS. 53-54 

prescribed by the Department of the Interior. (Laws '97, p. 
231, sec. 7 ; sec. 6644 Rem.-Bal. ; 477 sec. 29 Pierce.) 

Former Laws: Laws '89-'90, p. 252, sec. 9; Laws '89-'90, p. 287, sec. 
3; Laws '93, p. 390, sec. 8; Laws '95, p. 532, sees. 13-14. 

Inspection of unsurveyed lands: sec. 47, supra. 

Preference right to select upon survey: sec. 595, infra. 

Application and regulations for surveys: sees. 596-597, infra. 

SEC. 53. EXCHANGE OF LANDS WITH UNITED STATES. 

For the purpose of obtaining from the United States indemn- 
ity or lieu lands for such lands granted to the state for com- 
mon schools, educational, penal, reformatory, charitable, capitol 
building or other purposes, as have been or may be lost to the 
state, or the title to or use or possession of which is claimed by 
the United States or by others claiming it through or under 
the United States, by reason of any of the causes entitling the 
state to select other lands in lieu thereof, the inclusion of the 
same in any reservation by or under authority of the United 
States, or any other appropriation or disposition of the same 
by the United States, whether such lands are now surveyed or 
unsurveyed, the Commissioner of Public Lands, with the advice 
and approval of the Board of State Land Commissioners and the 
attorney general, is authorized and empowered to enter into an 
agreement or agreements, on behalf of the state, with the proper 
officer or officers of the United States for the relinquishment of 
any such lands and the selection in lieu thereof, under the pro- 
visions of this act,* of lands of the United States of equal area 
and value. (Laws '13, p. 300, sec. 1 ; 3 Rem.-Bal., sec. 6635-1.) 

*Secs. 53-55. 

Relinquishment generally: sec. 49, ante. 

Grants to state and right of selection, generally: sec. 593 et seq. t 
post. 

Reservation of public lands for national forests: sec. 625 et seq., 
post; for reclamation projects: sec. 613, post; under Carey Act: sec. 
605 et seq., post; for other public purposes; sec. 598, post. 

Indemnity for reserved and appropriated lands: sees. 583 and 593, 
post. 

SEC. 54. SAME INSPECTION. 

Upon the making of any such agreement, the Board of State 
Land Commissioners shall be empowered and it shall be their 



52 STATE LAND LAWS 

SECS. 55-56 EXCHANGE ESCHEATS. 

duty to cause such examination and appraisal to be made as 
will determine the area and value, as nearly as may be, of the 
lands lost to the state, or the title to, use or possession of 
which is claimed by the United States by reason of the causes 
mentioned in section 53, and proposed to be relinquished to the 
United States, and shall cause an examination and appraisal to 
be made of any lands which may be designated by the officers 
of the United States as subject to selection by the state in lieu 
of the lands aforesaid, to the end that the state shall obtain 
lands in lieu thereof of equal area and value. (Laws '13, p. 300, 
sec. 2; 3 Rem.-Bal., sec. 6635-2.) 
Inspection, generally: sec. 46, supra. 

SEC. 55. SAME CONVEYANCE TO UNITED STATES. 

Whenever the title of any lands selected under the provisions 
of sections 53 and 54, shall become vested in the State of Wash- 
ington by the acceptance and approval of the lists of lands so 
selected, or other proper action of the United States, the 
Governor, on behalf of the State of Washington, shall execute 
and deliver to the United States a deed of conveyance of the 
lands of the state relinquished under the provisions of sections 

53 and 54, which deed shall convey to and vest in the United 
States all the right, title and interest of the State of Washing- 
ton therein. (Laws '13, p. 301, sec. 3 ; 3 Rem.-Bal., sec 6635-3.) 

Selection lists: sec. 48, supra. 



CHAPTER 7. 



LANDS ACQUIRED BY ESCHEAT, GIFT AND FORFEITURE 
SEC. 56. Acceptance; Inure to School Fund. 
56%. Escheat for Want of Heirs. 

57. Administrators to List Lands. 

58. Managed as School Lands. 

SEC. 56. ACCEPTANCE AND MANAGEMENT. 

The Board of State Land Commissioners is hereby empowered 
to accept, in the name of the State of Washington, by deed of 



STATE LAND LAWS 53 

ESCHEATS. SEC. 



sale or gift, or by operation of law, any or all lands of what- 
soever nature, and said lands shall be inspected, appraised, 
managed, leased or sold in the same manner as is prescribed 
herein* for granted lands, and the proceeds of the lease or sale 
of all such lands shall be converted into the general school fund 
in the manner prescribed by law, or shall be applied to such 
specific purpose as may be prescribed by any grantor or 
testator. This section shall apply especially to all lands that 
are or may be escheated to the state. (Laws '97, p. 258, sec 58 ; 
sec. 6610 Rem.-Bal. ; 477 sec. 191 Pierce.) 

Former Laws: Laws '95, p. 567, sec. 92. 

*Chap. 89, Laws '97. 

Compare sec. 3848 et seq., Rem.-Bal., which seem to be repealed by 
this chapter. Compare also sec. 1341 Rem.-Bal., earlier law for dis- 
position of escheats. 

By failure to institute proceedings therefor during the lifetime of the alien 
owner, the state loses its right to escheat lands held by an alien contrary to 
the provisions of Art. II, sec. 33, Const. : A&raws v. State, 45 Wash. 327. 

And so if lands be conveyed by alien to a citizen before such proceedings 
are brought : State ex rel. Atkinson v. World etc. Co., 46 Wash. 104 ; Oreg. Mtg. 
Co. v. Carstens, 16 Wash. 165. 

Lands acquired by the university regents under deed without condition as to 
the use, are public lands of the state as classified in sec. 59, post, and subject 
to sale by the Board of State Land Commissioners : State v. Hewitt Land Co., 
74 Wash. 573. 

SEC. 56i/ 2 . ESCHEAT FOR WANT OF HEIRS. 

Whenever any person possessed of any property within this 
state shall die intestate leaving no heirs, such property shall 
escheat to, and the title thereto immediately vest in, the State 
of Washington, subject, however, to existing liens thereon, the 
payments of decedent's debts, and the expenses of administra- 
tion. (Laws '07, p. 253, sec. 1; sec. 1356 Rem.-Bal.; 175 sec. 
1 Pierce.) 

See 1 Remington's Digest, pp. 1079-1080, sees. 1-4; 4 Rem. Dig., p. 
398, sec. 2. 

If a person die intestate without heirs his property immediately descends to 
the state without administration : Territory v. Klee, 1 Wash. 183 ; see, also, 
Pac. Bank v. Hanna, 90 Fed. 79. 

The state cannot claim an escheat merely because claimants failed to prove 
that they were heirs of the deceased : Spademan v. We&6, 63 Wash. 5. 

Lands patented by the United States, under 23 Stat. Large, p. 96, to an 
Indian, who dies intestate and without heirs, will escheat to the state notwith- 
standing the restriction upon alienation contained in such patent : Opinions 
Att'y Gen'l, '07-'08, p. 205. 



54 STATE LAND LAWS 

SECS. 57-58 ESCHEATS. 

SEC. 57. LISTS OF ESCHEATED LANDS. 

Upon the settlement of any escheated estate, and before the 
discharge of the administrator, officer or person in charge 
thereof, all moneys in his hands shall be paid to the State 
Treasurer who shall issue his receipt therefor in duplicate, one 
of which shall be filed with the State Board of Tax Commission- 
ers, and he shall prepare a duplicate list accurately describing 
all real property so escheated, one of which shall be filed with 
the said State Board of Tax Commissioners and one in the office 
of the Commissioner of Public Lands. (Laws '07, p. 254, sec. 
5 ; sec. 1360 Rem.-Bal. ; 175 sec. 9 Pierce.) 
SEC. 58. DISPOSITION OF ESCHEATS. 

All escheats shall inure to and become a part of the permanent 
common school fund of the state, and all escheated real prop- 
erty shall be managed, sold and handled in the manner provided 
by law for the management, disposition and sale of the state 
common school lands. (Laws '07, p. 255, sec. 7 ; sec. 1362 
Rem.-Bal. ; 175 sec. 13 Pierce.) 

Former Laws: Code '81, sec. 3302 (sec. 1341 Rem.-Bal.). 

Escheats inure to common school funds: Const., Art. IX, sec. 3, 
ante, and Laws '09, p. 320, sees. 1-3 (sees. 4598-4600 Rem.-Bal.; 413 
sees. 605-609 Pierce.) 

Lease of improved escheated land in cities: sec. 136, post. 



STATE LAND LAWS 55 

CLASSIFICATION. SEC. 59 

CHAPTER 8. 



APPRAISEMENT AND SALE OP GRANTED LANDS. 
SEC. 59. Classification of State Lands. 

60. Terms defined. 

61. Former Appraisements Annulled. 

62. Reforestation of Logged-off Lands. 

63. Leased Lands not to be Sold. 

64. Cities May Purchase Watersheds. 

65. School House Sites; Purchase. 

66. Same; Preference Right of District. 

67. Unsold Lands Re-advertised. 

68. Application for Sale. 

69. Inspection and Appraisement. 

70. Appraisement; Value of Materials Credited. 

71. Timber and Materials; Separate Sale. 

72. Same; Rules for Removal. 

73. Same; Extension of Time; Current Sales. 

74. Same; Extension of Time; Prior co 1909. 

75. Same; Extension of Time; Prior to 1905. 

76. Improvements; Appraisement. 

77. Same; Payment to Improver. 

78. Appraisement; Witnesses as to Value. 

79. Same; Notice to Applicant; Protest. 

80. Lands Included in This Chapter. 

81. Sales; Advertisement; Date Fixed. 

82. Same; Time and Manner. 

83. Same; Terms of. 

84. Same; Confirmation; Protest. 

85. Reservation of Mining Rights. 

86. Reservation of Private Rights-of-Way. 
Cross-References: SALE OF TIDE AND SHORE LANDS: sec. 87 

et seq., post; CONTRACTS AND DEEDS: sec. 106 et seq., post; SALE 
OF OYSTER LANDS: sec. 114 et seq., post; LEASE OF LANDS: sec. 
128 to 200, post; PLATTING: sec. 296, post; CAPITOL BUILDING 
LANDS: sec. 425 et seq., post; SALES UNDER SPECIAL ACTS: sec. 
450 et seq., post. 

SEC. 59. STATE LANDS CLASSIFIED. 

For the purpose of this act* all lands belonging to and under 
the control of the state shall be divided into the following 
classes : 

(1) Granted Lands: (a) Common school lands and lieu and 
indemnity lands therefor, (b) University lands and lieu and 



56 STATE LAND LAWS 

SEC. 59 CLASSIFICATION. 

indemnity lands therefor, (c) Other educational land grants. 

(d) Lands granted to the State of Washington for other than 
educational purposes, and lieu and indemnity lands therefor. 

(e) All other lands, including lands acquired or to be hereafter 
acquired by grant, deed of sale, or gift, or operation of law, in- 
cluding arid lands. 

(2) Tide Lands: All lands over which the tide ebbs and 
flows from the line of ordinary high tide to the line of extreme 
low tide, except in front of cities where harbor lines have been 
established or may hereafter be established, where such tide lands 
shall be those lying between the line of ordinary high tide and the 
inner harbor line, and excepting oyster reserves. 

(3) Shore Lands: Lands bordering on the shores of nav- 
igable lakes and rivers below the line of ordinary high water and 
not subject to tidal flow. 

(4) Harbor Lmes and Areas: Such lines and areas as are 
described in article 15 of the constitution of the State of Wash- 
ington and which have been established according to law. All 
of which outer harbor lines so established as aforesaid are hereby 
ratified and confirmed, also all such harbor lines and areas as 
may and shall hereafter be established. (Laws '97, p. 230, sec. 
4; amended, Laws '11, p. 129, sec. 1; 3 Rem.-Bal., sec. 6641; 
477 sec. 21 Pierce.) 

Former Laws: Laws '93, p. 389, sec. 7; Laws '95, p. 527, sec. 1. 

*"This Act" refers to chap. 89, Laws '97 and amendments. 

Grants of land to the state: sec. 583 et seq., post. 

Escheat of lands to the state: sec. 56 et seq., ante. 

Sale of capitol building lands: sec. 425 et seq*, post. 

Classification of tide and shore lands: sec. 87, post. 

Establishment of harbor areas: sec. 306 et seq., post. 

Establishment of oyster reserves: sec. 355 et seq., post. 

Nomenclature: sec. 60 and notes. 

Assertion of title to tide and shore lands: Const., Art. XVII, sec. 1, 
ante. 

Selection of granted lands: sec. 42 et seq., ante. 

Cited : 26 Wash. 381 ; 34 Wash. 251 ; 72 Wash. 556 ; 13 Wash. 272 ; 17 
Wash. 655 ; 18 Wash. 497 ; 27 Wash. 605 ; 46 Wash. 42 ; 49 Wash. 69-133 ; 74 
Wash. 577. 

See 2 Remington's Digest, pp. 2401-2405, sees. 75-86; Vol. 4, idem, p. 872, 
sees. 84-85. 



STATE LAND LAWS 57 

CLASSIFICATION. SEC. 59 

Earlier laws authorizing university regents to hold real property were re- 
pealed by this and other general acts, and lands deeded to the regents under 
such laws come within the classification of this section : State v. Hewitt Land 
Co., 74 Wash. 577. 

State lands which are devoted to some particular governmental use are 
thereby severed from the mass of public lands, and are not subject to sale or 
other disposal in the manner provided for such lands generally : Opinions Att'y 
Gen'l, Feb. 25, '13 ; April 1, '13. 

The state university site is not within the supervision of the Board of State 
Land Commissioners : Callvert v. Winsor, 26 Wash. 368. 

TIDE AND SHORE LANDS GENERALLY : 

Tide lands upon which a boom company has located and filed a plat as pro- 
vided by sec. 7110 et seq., Rem.-Bal., are not thereby severed from the mass of 
the public lands, but are subject to sale as provided by law : Samish Boom Co. 
v. Callvert, 27 Wash. 611. 

There is no conflict between this section and sec. 87, post, classifying tide 
lands: Pearl Oyster Co. v. Heuston, 57 Wash. 533. 

A deed from the state of tide lands of the second class must be considered 
as made after a finding of the land department as to the character of the land ; 
and such a deed cannot be collaterally attacked upon a subsequent application to 
purchase the same as oyster lands : Welsh v. Callvert, 34 Wash. 250. 

In the absence of fraud, the failure of the state oyster commission to include 
tide lands in . an oyster reserve amounts to a finding that the same are not 
oyster lands, and the state is concluded thereby after a sale of such lands : 
State v. Heuston, 56 Wash. 268. 

One who purchases second-class shore lands from the state acquires no title 
to an island which was omitted from the government survey and is connected 
with the upland by a strip of such shore lands bared during low water stages : 
Hauge v. Walton, 72 Wash. 554. 

An island formed by alluvion in navigable w T aters subsequent to the govern- 
ment survey belongs to the state and is subject to sale, as are other public 
lands : Opinions Att'y Gen'l, '05-'06, p. 386. 

TIDE AND SHORE LANDS NATURE OF THE TITLE : 

Under the assertion of title by sec. 1, art. XVII, constitution, the state owns 
the tide and shore lands, up to the line of ordinary high water, except those 
disclaimed by section 2 of said article, and has full power of disposition and 
control thereof, restricted only by the state and national constitutions : Schively 
v. Bowlby, 152 U. S. 1 ; Rose's Notes, Vol. 12, p. 156 ; Mann v. Tacoma Land 
Co., 153 U. S. 273 ; Boer v. Moran Bros., 153 U. S. 287 ; McGilvra v. Ross, 215 
U. S. 70 ; Index to Rose's Notes, Vol. 13, p. 691, "Lands Under Water" ; Cent. 
Digest, Vol. 37, cols. 161-241, and Vol. 41, cols. 938-942; 2 Remington's Digest, 
p. 2124, sec. 21 ; idem., p. 2404, sec. 84 ; idem., Vol. 4, p. 872, sec. 84 ; Eisen- 
lach v. HatfteU, 2 Wash. 236 ; Pierce v. Kennedy, 2 Wash. 324 ; Baer v. Moran 
Bros., 2 Wash. 608 ; State ex rel. Yesler v. Board, 2 Wash. 530 ; State ex rel. 
Stimson Mill Co. v. Board, 4 Wash. 6 ; State ex rel. Col. & P. S. R. Co. v. 
Board, 4 Wash. 816 ; Morse v. O'Connell, 7 Wash. 117 ; Allen v. Forrest, 8 Wash. 
700 ; Lownsdale v. Grays Harbor Boom Co., 21 Wash. 542 ; Sullivan v. Callvert, 
27 Wash. 600 ; McCue v. Bellingham Bay Water Co., 5 Wash. 156 ; Washougal 
etc. Transp. Co. v. Dalles etc. Nav. Co., 27 Wash. 492 ; Kales v. Spokane Val. 
Land etc. Co., 42 Wash. 43 ; Van Siclen v. Muir, 46 Wash. 38 ; Muir v. Johnson, 
49 Wash. 66; Brace & Hergert Mill Co. v. State, 49 Wash. 326; Grays Harbor 
Boom Co. v. Lownsdale, 54 Wash. 83 ; Gifford v. Norton, 54 Wash. 595 ; Palmer 
v. Peterson, 56 Wash. 74 ; Hauge v. Walton, 72 Wash. 554 ; West Seattle v. 
West Seattle Land etc. Co., 38 Wash. 539. 

The state's title to the beds and shores of navigable waters is in fee, to the 
exclusion of all common law riparian or littoral rights : Muir v. Johnson, 49 



58 STATE LAND LAWS 

SEC. 59 CLASSIFICATION. 

Wash. 66 ; Bilger v. State, 63 Wash. 457 ; Eisenbach v. Hatfleld, 2 Wash. 236 ; 
Brace & Hergert Mill Co. v. State, 49 Wash. 326 ; Grays Harbor Boom Co. v. 
Lownsdale, 54 Wash. 83 ; Lownsdale v. Grays Harbor Boom Co., 54 Wash. 542 ; 
State ex rel. Yesler v. Board, 2 Wash. 530. 

TIDE AND SHORE LANDS NAVIGABLE WATERS : 

See 2 Remington's Digest, p. 2120, sec. 1 ; Vol. 4, idem., p. 779 ,sec. 1. 

See art. XVII, sec. 1, Const., ante, and notes. 

The assertion of title to beds and shores of navigable streams refers to those 
which in their natural condition are navigable for the general purposes of com- 
merce, and not to those which are public highways merely for the floatage of 
logs and timber products : WatMns v. Dorris, 24 Wash. 636 ; East Hoquiam 
Boom etc. Co. v. Neeson, 20 Wash. 142. 

Water is navigable in law if navigable in fact, and the small size of a body 
of water, which renders it of little practical use for navigation is not determi- 
native of the question : Brace cC- Hergert Mill Co. v. State, 49 Wash. 326. 

A stream is not navigable merely because it has its source in navigable 
water : New Whatcom v. Fairhaven Land Co., 24 Wash. 492. 

Tidal water which is navigable only at high tide is navigable in law : Daw- 
son v. McMillan, 34 Wash. 269. 

An unmeandered river, having a depth of 4 feet during high water and 2 
feet during low water, with occasional shoals, an average width of 40 feet, and 
which has been navigated only by rowboats used in fishing for pleasure is not 
a navigable river : Griffith v. Holm an, 23 Wash. 347. 

A tidal river which is navigable by rowboat at half tide and contains six 
feet of water at high tide is navigable : Judson v. Tide Water Lbr. Co., 51 
Wash. 164. 

A lake averaging less than a mile in width and two miles in length and 
about 18 feet in depth, having no navigable outlet or inlet, and having been 
put to no use of trade or commerce except the navigation of a small pleasure 
steamer upon which passengers were carried for hire, is navigable : Madson v. 
Spokane Valley Land etc. Co., 40 Wash. 414 ; Kalez v. Spokane Canal Co., 42 
Wash. 43. 

A lake with an area of 900 acres and a general depth of 25 feet is navi- 
gable : Brace & Hergert Mill Co. v. State, 49 Wash. 326. 

The fact that water is not meandered by the government survey does not 
establish its character as to navigability : Sumner Lbr. Co. v. Pac. Coast Power 
Co., 72 Wash. 631 ; Loicnsdale v. Grays Harbor Boom Co., 21 Wash. 542. 

TIDE AND SHORE LANDS BOUNDARIES : 

If navigable water encroach upon granted lands, the boundary shifts with 
the line of ordinary high water or tide, and the submerged lands become sub- 
ject to sale as tide or shore lands : Opinions Att'y Gen'l, '05-'06, p. 140. 

"Ordinary high water" does not mean unusual floods nor great annual rises 
above the banks : Austin v. Bellingliam, 69 Wash. 677. 

Where the true line of ordinary high water cannot readily be ascertained, 
because of artificial changes, and the meander line is concededly incorrect, the 
courts will construct a conventional line as the boundary : Brace & Hergert 
Mill Co. v. State, 49 Wash. 326. 

The establishment of a shore line by the Board of State Land Commissioners 
is conclusive upon all persons except the state and abutting owners who claim 
that the same has been located upon their uplands : Williams v. Cole, 54 Wash. 
110. 

Soil which is submerged so long and so often in ordinary seasons that vege- 
tation will not grow on it is below the line of ordinary high water : Austin v. 
Bellingham, 69 Wash. 677. 

The state has no title to lands lying above the line of ordinary high water 
or tide and below the government meander line, by reason of its ownership of 
the tide and shore lands : Opinions Att'y Gen'l, '0'3-'04, p. 4. 



STATE LAND LAWS 59 

CLASSIFICATION. SECS. 59-60 

Under the disclaimer of Const., Art. XVII, sec. 2, ante, the state has no in- 
terest in tide or shore lands included within the meander lines of an upland 
survey, where such lands were patented prior to statehood : Cogswell v. Forrest, 
14 Wash. 1 ; Kneeland v. Kortcr, 40 Wash. 359 ; State ex rel. McKenzie v. For- 
rest, 11 Wash. 227 ; Washougal etc. Transp. Co. v. Dalles Nav. etc. Co., 27 Wash. 
470 ; Seaborg v. Nassa, 64 Wash. 164 ; Austin v. Bellingham, 69 Wash. 677 ; 
Van Siclen v. Muir, 46 Wash. 38 ; Brace & Hergert Mill Co. v. State, 49 Wash. 
326 ; Bleakley v. Lake Wash. Mill Co., 65 Wash. 215. 

Such disclaimer extends to lands granted in praesenti before statehood, al- 
though not patented until after : Kneeland v. Korter, 40 Wash. 359. 

And to tide land within an Indian reservation patented to individual mem- 
bers of the tribe before statehood : Jones v. Callvert, 32 Wash. 610. 

But does not amount to a grant of the tide lands lying below the meander 
line : Denny v. N. P. R. Co., 19 Wash. 298. 

Prior to the amendment of this section by act of 1911, a deed of second 
class tide lands conveyed nothing below the line of mean low tide : Pearl Oy- 
ster Co. v. Heuston, 57 Wash. 533. 

Whether any lands may be sold below the lower boundary of second class 
tide lands, sold as such, is a question which the tide land owner cannot raise : 
Pearl Oyster Co. v. Heuston, 57 Wash. 533. 

A sale of state tide or shore lands does not convey any lands below the gov- 
ernment meander line and above the line of ordinary high tide or high water 
at the time of the state's admission into the Union : Nassa v. Seaborg, 64 
Wash. 164 ; Austin v. Bellingham, 69 Wash. 677. 

The state has power to declare what portion of the beds and shores of navi- 
gable waters shall constitute shore lands and be subject to sale to private par- 
ties, so long as its acts do not unreasonably interfere with the primary right 
of navigation : Van Siclen v. Muir, 46 Wash. 38 ; Sequim Bay Canning Co. v. 
Bugge, 49 Wash. 127. 

For additional references to the effect of the disclaimer of patented lands, 
see Const., Art. XVII, sec. 2, ante and notes. 

SEC. 60. TERMS DEFINED. 

All lands described in the last section are "public lands," and 
the terms "public lands" and "state lands" shall be defined and 
deemed to be synonymous whenever either is used in this chapter.* 
(Laws '97, p. 231, sec. 5 ; amended, Laws '07, p. 748, sec. 1 ; sec. 
6642 Rem.-Bal.; 477 sec. 25 Pierce.) 

*Chap. 89, Laws '97 and acts amendatory. 

Cited: 19 Wash. 433; 33 Wash. 130; 34 Wash. 381; 49 Wash. 133; 74 
Wash. 577. 

The term "granted lands" does not include tide and shore lands : Sullivan 
v. CalHert, 27 Wash. 608. 

But the words "school or other lands," used elsewhere in the act of which 
this section is a part, include tide and shore lands : State ex rel. Bellingham 
etc. Co. v. Bridges, 19 Wash. 431. 

The term "lands," "state lands" or "public lands," as ordinarily used, do 
not include tide or shore lands : Seattle & Mont. R. Co. v. State, 7 Wash. 150 ; 
Baer v. Moran Bros., 2 Wash. 608. 

"Tide lands" are "state lands" in a certain sense that is, they belong to 
the state ; but in all the nomenclature of our constitution and statutes the 
latter term does not include the former : Seattle & Mont. R. Co. v. State, 7 
Wash. 150, prior to the adoption of the above definition. 



60 , STATE LAND LAWS 

SECS. 61-62 REFORESTATION. 

The term "any land belonging to the state," as used in sec. 180, post, re- 
lating to mining leases, and sec. 194, post, relating to oil and gas mining, does 
not include tide or shore lands: Opinions Att'y Gen'l, Oct. 7, 1913, and Dec. 
4, '13. 

Nor does it include the beds of navigable waters, although these belong to 
the state : Opinion Att'y Gen'l, Sept. 17, '13. 

The terms "granted lands" and "public lands," as ordinarily used, do not in- 
clude lands deeded to the state by individuals for a certain use, and occupied, 
employed or used by the state in the performance of some of its public func- 
tions : Callvert v. Windsor, 26 Wash. 368 ; State v. Hewitt Land Co., 74 
Wash. 573. 

The term "tide lands," as used in sec. 239 et seg., post, granting the use 
thereof to the United States, does not include tide lands within oyster reserves : 
Opinion Att'y Gen'l, Dec. 10, '13. 

Lands acquired or reserved by the state for a particular governmental use, 
although falling within the definition of "public lands," are, by such appropria- 
tion, severed from the mass of public lands, and the general statutes authoriz- 
ing the disposition of such lands will no longer apply : Opinion Attorney Gen- 
eral, February 25. 1913, citing SamisJi Boom Co. v. Callvert, 27 Wash. 611 ; 
Seattle & M. R. Co. v. State, 1 Wash. 150 ; State v. Whitney, 66 Wash. 473. See 
also State ex rel. Att'y Gen'l v. Sup. Ct., 36 Wash. 381 ; Baer v. Moran Bros. 
Co., 2 Wash. 608 ; Callvert v. Windsor, 26 Wash. 368 ; State v. Hewitt Land Co., 
74 Wash. 573. 

SEC. 61. OLD APPRAISEMENTS VOID. 

All appraisements of school and granted lands heretofore 
made under existing laws, where sales have not yet been made, 
are hereby annulled, and all such lands shall be appraised and 
sold or leased as herein* provided. (Laws '97, p. 247, sec. 36; 
sec. 6693 Rem.-Bal. ; 477 sec. 113 Pierce.) 

Former Laws: Laws '93, p. 401, sec. 28; Laws '95, p. 548, sec. 47. 

*Chap. 89, Laws '97. 

Appraisement within 90 days prior to sale: sec. 69, post. 

SEC. 62. LANDS RESERVED FOR REFORESTATION. 

When the merchantable timber has been sold and actually 
removed from any land, the Board of State Land Commissioners 
may classify the land and such portions thereof as may be found 
most suitable for reforestation may, by the order of the board, 
be reserved from any future sale and when once so reserved 
shall not thereafter be subject to sale or other disposition. The 
Commissioner of Public Lands shall certify to the State Fire 
Warden and Forester all such reserves so made and thereupon 
it shall be the duty of the State Fire Warden and Forester to 
protect such land and the remaining timber from fire and to 



STATE LAND LAWS (ft 

SALE OF WATERSHEDS. SECS. 63-64 

reforest the same. (Laws '09, p. 760, sec. 3; sec. 6667 Rem.- 

Bal.; 477 sec. 53 Pierce.) 

State fire warden member Board of State Land Commissioners: 
sec. 13, ante. 

Reforestation and fire protection: Laws '05, p. 320 et seq. (5276 et 
seq., Rem.-Bal.) and Laws '11, p. 623 et seq,. 

Separate sale of timber: sec. 71, post. 

Cited : 27 Wash. 608 ; 37 Wash. 127. 

SEC. 63. LEASED LANDS NOT TO BE SOLD. 

Lands held under lease shall not be offered for sale, or sold, 
during the life of the lease, except upon application of the 
lessee. (Laws '97, p. 243, sec. 23 ; amended, Laws '03, p. 115, 
sec. 5 ; sec. 6685 Rem.-Bal. ; 477 sec. 83 Pierce.) 

But such lands, semble, may be leased for oil and gas mining under 
sec. 194 et seq., post: sec. 200, post, and note. 

Cited : 23 Wash. 84 ; 33 Wash. 388 ; 39 Wash. 409 ; 42 Wash. 443. 

A grant of tide lands from the state to the United States does not abrogate 
the rights of the prior lessee: State ex rel. Bussell v. Callvert, 33 Wash. 380; 
Same v. Bridges, 23 Wash. 82. 

A lessee who waives the benefit of this section and applies for the sale of 
the demised lands cannot come in, after the lands have been struck off to an- 
other, and purchase at the highest amount bid, although his lease contained a 
provision that "the lessee * * * shall have a preference right * * to 
purchase at the highest rate bid," there being no authority of law for the inser- 
tion of such a clause in his lease : State ex rel. Bussell v. Bridges, 23 Wash. 82. 

SEC. 64. CITY MAY PURCHASE LAND AND TIMBER TOGETHER. 

Whenever any public lands except capitol building lands shall 
lie within the limits of any watershed from or through which is 
derived the water supply of any city or town in this state and 
said city or town shall desire to purchase or condemn the same 
it may do so, and in case of purchase it shall have the right to 
buy said land with the timber, fallen timber, stone, gravel or 
other valuable materials with the land and without a separate 
appraisement thereof. (Laws '07, p. 752, sec. 6; amended, 
Laws '09, p. 760, sec. 3; sec. 6667 Rem.-Bal.; 477 sec. 53 
Pierce.) 

NOTE: This is a proviso to sec. 71, infra, requiring separate sale 
of timber. 

Eminent domain to cities: sec. 251, post. 

Municipalities of adjoining states may acquire lands in this state 
for water supply: Laws '09, p. 18, sec. 1; sec. 7822 Rem.-Bal.; 77 sec. 
1145 Pierce. 

Full value of timber to be paid or safely secured: Const. Art. XVI, 
sec. 3, ante. 

Cited : 27 Wash. 608 ; 37 Wash. 127. 



(52 STATE LAND LAWS 

SECS. 65-67 SCHOOL HOUSE SITES. 

SEC. 65. SCHOOL LAND MAY BE PURCHASED BY SCHOOL 
DISTRICTS. 

Any school district may purchase, under the provisions of 
law governing the sale thereof, a school house site or sites of not 
less than three acres nor more than ten acres each, of any 
school lands of the State of Washington. (Laws '09, p. 265, 
sec. 4; sec. 4425 Rem.-Bal. ; 413 sec. 251 Pierce.) 

Former Laws: Laws '95, p. 17, sec. 1; Laws '97, p. 359, sec. 7. 

Special privileges are not granted in violation of the constitution by an act 
authorizing the sale of certain school lands for express purposes : Day v. Rich- 
ardson, 54 Wash. 288. 

SEC. 66. PREFERENCE RIGHT TO PURCHASE SCHOOL HOUSE 
SITE. 

In all cases when a school house is or may be erected upon 
any school lands of this state the school district to which such 
school house belongs shall have the preference right for six 
months after the filing of the final appraisal of such school 
lands not already appraised, to purchase school house sites to in- 
clude the lands occupied by such school houses, at the appraised 
value thereof. (Laws '97, p. 359, sec. 8; sec. 4426 Rem.-Bal.) 

Former Laws: Laws '95, p. 17, sec. 2. 

Lands to be appraised within 90 days before sale: sec. 69, post. 

Land to be sold at public auction to highest bidder: Const., Art. XVI, 
sec. 2, ante. 

Rights of improvers: sec. 76 et seq., post. 

SEC. 67. RE-OFFER OF UNSOLD LANDS. 

If any land offered for sale be not sold, the same may again 
be advertised for sale, as provided in this chapter, whenever 
in the opinion of the board it shall be expedient so to do ; and 
such land shall again be advertised for sale, as provided in this 
chapter, whenever any person shall apply to said board in writ- 
ing to have such land sold and shall agree to pay at least the 
appraised price thereof and shall deposit with the Commissioner 
of Public Lands, at the time of making such application, a 
sufficient sum of money to pay the cost of advertising for such 
sale, as provided in the following section. (Laws '97, p. 238, 
sec. 14 ; amended, Laws '07, p. 313, sec. 1 ; amended, Laws '09, 



STATE LAND LAWS 53 

APPLICATION FOR SALE. SEC. 68 

p. 763, sec. 4 ; amended, Laws '13, p. 93, sec. 1 ; 3 Rem.-Bal., sec. 

6672; 477 sec.* 61 Pierce.) 

Former Laws: Laws '93, p. 394, sec. 17; Laws '95, p. 538, sec. 24. 
Lands to be appraised within 90 days prior to sale: sec. 69, post. 

SEC. 68. APPLICATION DEPOSIT. 

Any person or company may make written application to the 
Coi imissioner of Public Lands for the appraisement and sale 
of any lands belonging to the state, except capitol building 
lands ; and the Commissioner of Public Lands shall cause to be 
prepared blank applications containing such instructions as will 
inform and aid intending purchasers in making application for 
the appraisement and sale of any lands. Each application must 
be accompanied with either cash, certificate of deposit or cer- 
tified check upon any bank of this state, or postal order made 
payable to the Commissioner of Public Lands and equal in 
amount to ten cents per acre for the land described in such ap- 
plication, but in no case for a sum less than ten dollars. In 
case the lands described in such application are sold at the time 
they are offered for sale, in accordance with such application, the 
amount of such deposit shall be returned to such applicant, but if 
such land be not sold, through the failure of the applicant to 
offer at least the appraised valuation, such deposit shall, upon 
order of the Board of State Land Commissioners, be forfeited 
to the state and credited to the general fund. (Laws '97, p. 235, 
sec. 11 ; amended, Laws '03, p. 103, sec. 1 ; amended, Laws '07, 
p. 751, sec. 5; amended, Laws '09, p. 758, sec. 2; sec. 6661 
Rem.-Bal.; 477 sec. 41 Pierce.) 

Former Laws: Laws '93, p. 390, sec. 9; Laws '95, p. 533, sec. 17. 

Sale of capitol building lands: sec. 425 et seq., post. 

Sale of tide lands for oyster culture; post, sec. 114. 

Sale of cultivated oyster beds: sec. 116 et seq., post. 

University lands not to be sold without regents' consent: sec. 446, 



Sale of tide and shore lands: sec. 87 et seq., post. 

Sale of timber and materials: sec. 71, post. 

Certain lands to be platted before sale: sec. 297, post. 

Municipalities of adjoining states may acquire lands in this state 
for water supply: Laws '09, p. 18, sec. 1; sec. 7822 Rem.-Bal.; 77 sec. 
1145 Pierce. 



g4 STATE LAND LAWS 

SEC. 69 INSPECTION APPRAISEMENT. 

Cited : 27 Wash. 608 ; 37 Wash. 125-129. 

The applicant for appraisement and sale of state lands must inform himself 
and disclose the true condition thereof with respect to improvements, whether of 
the kind contemplated by the statute or not : State ex rel. Shores v. Ross, 47 
Wash. 210. 

Mandamus will not lie to compel the board to appraise and sell state lands, 
their action being wholly discretionary : State ex rel. Bussell v. Bridges, 30 
Wash. 268 ; McNaught etc. Co. v. Atlantic etc. Co., 36 Wash. 669 ; Powers v. 
Webster, 47 Wash. 99. 

This section must be construed in connection with sec. 71, post, and timber 
on state lands must be separately sold when it exceeds one million feet to the 
quarter section : State ex rel. Heuston v. Callvert, 37 Wash. 124. 

SEC. 69. INSPECTION AND APPRAISEMENT. 

When, in the opinion of the Commissioner of Public Lands, or 
the Board of State Land Commissioners, a sufficient number of 
applications have been received for the appraisement and sale 
of lands in any county or locality, the Commissioner of Public 
Lands shall cause such lands so applied for to be inspected and 
classified by one or more state land inspectors, or by one or 
more members of the Board of State Land Commissioners, as to 
its , character, topography, agricultural aud grazing qualities, 
timber, coal, mineral, stone or rock quarries of commercial value, 
its distance from any city or town, railroad, river, irrigation 
canal, ditch or other waterway, and full report thereof to be 
made to the Commissioner of Public Lands, together with the 
inspector's judgment as to its present and prospective 
value, which said report, together with all other in- 
formation affecting the same, shall thereupon be con- 
sidered by the Board of State Land Commissioners and a price 
per acre fixed for each lot, block, subdivision or tract proposed 
to be sold in one parcel, which shall not be less than ten dollars 
per acre for lands granted for educational purposes and no 
more than one hundred and sixty acres of any school or granted 
lands of the state shall be offered for sale in one parcel, and 
in no case shall any state or public lands, or timber or other 
materials thereon be sold unless within ninety days prior to the 
date fixed for the sale the same shall have been appraised by the 
Board of State Land Commissioners : Provided, That whenever 
application is made to purchase less than a section, the said Com- 



STATE LAND LAWS (J5 

APPRAISEMENT. SEC. 70 

missioner of Public Lands may order the inspection of the 
entire section or sections. (Laws '97, p. 235, sec. 11 ; amended, 
Laws '03, p. 103, sec. 1 ; amended, Laws '07, p. 751, sec. 5 ; 
amended, Laws '09, p. 758, sec. 2; sec. 6661 Rem.-Bal. ; 477 
sec. 41 Pierce.) 

Former Laws: Laws '89-'90, p. 439, sec. 5; Laws '93, p. 391, sec. 
10; Laws '95, p. 534, sec. 18. 

Sale of materials: post, sec. 71. 

Sale of tide and shore lands: post, sec. 87 et seq. 

Board to appraise: sec. 42, ante. 

Inspectors appointment and duties: sees. 42-46, ante. 

Certain lands must be platted before sale: sec. 297, post. 

Value of materials added: sec. 70, post. 

Limitation upon area to be offered in one parcel: Const., Art. XVI, 
sec. 4, ante. 

Minimum price of lands granted for educational purposes fixed by 
Enabling Act, sees. 585-587, post, and by Const., Art. XVI, sec. 1, ante. 

Board of Regents to cause inspection of scientific school and agri- 
cultural college lands: sec. 437, post. 

Notice of appraisement; protest: sec. 79, post. 

Survey to determine area to be sold: sec. 296, post. 

Cost of local improvements added: sec. 339, post. 

Cited : 27 Wash. 608 ; 37 Wash. 125 ; 74 Wash. 585. 

This section must be construed in connection with sec. 71, post, and timber 
on state lands must be sold separately where it exceeds one million feet to the 
quarter section : State ex rel. Heuston v. Callvert, 37 Wash. 124. 

Unimproved tide lands are not required to be divided into quantities not 
exceeding 160 acres when offered for sale, but an owner of improvements on 
tide lands is entitled to have the lands sold divided into tracts with reference 
to the improvements : Sullivan v. Callrert, 27 Wash. 600. 

The limitation of Art. XVI, sec. 4, Const., ante, upon area to be offered in 
one parcel applies only to lands granted to the state by Congress, and not to 
lands acquired by deed from individuals : State v. Hewitt Land Co., 74 Wash. 
573. 

And in the absence of fraud, a sale of such lands in a parcel greater than 
160 acres, while irregular under this section, cannot be set aside at the suit of 
the state after the delivery of deed, particularly if the land has passed into 
the hands of innocent third parties : State v. Hewitt Land Co., 74 Wash. 573. 

SEC. 70. MATERIALS SOLD VALUE ADDED TO VALUE OF 
LAND. 

When timber or other valuable materials have been sold 
separate from the land and have actually been removed there- 
from, then such lands may be sold for a sum which, added to the 
price received for the timber or other valuable materials, will not 
be less than ten dollars per acre. (Laws '07, p. 752, sec. 6; 

3 



gg STATE LAND LAWS 

SEC. 71 SALE OF TIMBER. 

amended, Laws '09, p. 760, sec. 3 ; sec. 6667 Rem.-Bal. ; 477 
sec. 53 Pierce.) 

Timber and materials may be separately sold: Const, Art. XVI, 
sec. 3, ante. 

Lands granted for educational purposes to be sold for not less than 
ten dollars per acre: Const., Art. XVI, sec. 1, ante; Enabling Act, 
sees. 585-587, post, and Laws, sec. 69, ante. 

Cited : 27 Wash. 608 : 37 Wash. 127. 

SEC. 71. SALE OF TIMBER AND OTHER MATERIALS. 

When application is made for the purchase of timber, fallen 
timber, stone, gravel or other valuable materials situated upon 
public lands of the state, except capitol building lands, the 
same inspection shall be had as upon an application for the ap- 
praisement and sale of lands. No timber, fallen timber, stone, 
gravel or other valuable materials shall be sold for less than 
the appraised value thereof; and such timber, fallen timber, 
stone, gravel or other valuable materials may be sold separate 
from the land when, in the judgment of the board, it is for the 
best interests of the state to sell the same, except when the 
estimated amount of timber shall exceed one million feet to the 
quarter section, in which case the timber shall be sold separate 
from the land. When such timber, fallen timber, stone, gravel 
or other valuable materials are sold separate from the land, the 
full purchase price thereof shall be paid in cash. (Laws '97, p. 
236, sec. 12 ; amended, Laws '99, p. 252, sec. 1 ; amended, Laws, 
'01, p. 308, sec. 1 ; amended, Laws '07, p. 752, sec. 6; amended, 
Laws '09, p. 760, sec. 3; sec. 6667 Rem.-Bal.; 477 sec. 53 
Pierce.) 

Former Laws: Laws '89-'90, pp. 440-442, sees. 6-10-12; Laws '93, pp. 
393-394, sees. 15-17; Laws '95, pp. 535-538-539, sees. 21-25-27. 

Appraisement and sale of materials: Const., Art. XVI, sec. 3, ante. 

The prohibition of this section does not apply to sale of watershed 
to city: sec. 64, ante. 

Sale of timber on capitol building lands: sec. 425 et seq., post. 

University lands not to be sold or encumbered without Regents' 
consent: sec. 446, post. 

Manner and time of removal: sees. 72-75, infra. 

Certain materials classed as minerals and to be acquired under 
mining lease: sec. 180, post, and notes. 



STATE LAND LAWS g>y 

REMOVAL OF TIMBER. SECS. 72-73 

Contract holder's privilege to cut timber for domestic use: sec. 262, 
post. 

Unlawful removal of timber from state lands: sec. 261 et seq., post. 

Taxation of timber: sec. 330 et seq., post. 

Timber and materials may be separately sold: Const., Art. XVI, 
sec. 3, ante. 

Full value must be paid or safely secured: idem. 

Logged-off lands may be reserved for reforestation: sec. 62, ante. 

Cited: 33 Wash. 327; 37 Wash. 125-129. 

In the absence of fraud, a deed will not be set aside upon the ground that 
the land bore more than the prohibitive amount of timber : State v. Ort, 66 
Wash. 130. 

Although sees. 68-69, ante, relate only to the sale of land, they must be con- 
strued in connection with this section, and lands containing more than one 
million feet of timber to the quarter section cannot be sold until the timber has 
been sold and removed : State ex rel. Heuston v. Callvert, 37 Wash. 124. 

SEC. 72. TIMBER RULES FOR REMOVAL. 

All sales of timber upon state land shall be made subject to 
the right, power and authority of the Board of State Land Com- 
missioners to prescribe rules and regulations governing the 
manner of removal of the timber with a view to the protection of 
the non-merchantable timber against destruction or injury by 
fire or from other causes ; and any such rules or regulations 
shall be binding upon the purchaser of the timber and his suc- 
cessors in interest and shall be enforced by the Commissioner of 
Public Lands. (Laws '09, p. 760, sec. 3; sec. 6667 Rem.-Bal. ; 
477 sec. 53 Pierce.) 

Former Laws: Laws '95, p. 539, sec. 27. 
Board's power to make rules, generally: sec. 14, ante. 
Manner and time for removal from capitol building lands: sec. 
427, post. 

Cited : 37 Wash. 127. 

SEC. 73. REMOVAL OF MATERIALS EXTENSION OF TIME. 

In all cases where timber, fallen timber, stone, gravel or other 
valuable materials are sold separate from the land the same 
shall revert to the state if not removed from the land within 
five years from the date of purchase thereof, except that in all 
cases when the purchaser is acting in good faith and endeavoring 
to remove such timber, fallen timber, stone, gravel or other 
valuable materials, the Commissioner of Public Lands may extend 



68 STATE LAND LAWS 

SEC. 74 REMOVAL OF TIMBER, 

the time for removal thereof for any further period not exceeding 
five years upon payment to the state of a sum to be fixed by the 
Commissioner of Public Lands not less than one dollar nor more 
than two dollars per acre per annum. And the Commissioner of 
Public Lands shall certify and pay to the State Treasurer all 
sums received for such extensions and the same shall be credited 
to the fund to which was credited the original purchase price of 
the materials so sold. (Laws '01, p. 308, sec. 1 ; amended, Laws 
'07, p. 752, sec. 6 ; amended, Laws '09, p. 760, sec. 3 ; sec. 6667 
Rem.-Bal. ; 477 sec. 53 Pierce.) 

Former Laws: Laws '89-'90, p. 443, sec. 12; Laws '93, p. 395, sec. 
19; Laws '95, p. 539, sec. 26; Laws '05, p. 77, sec. 1; Laws '07, p. 747, 
sec. 1. 

Proceds of sales and extensions, how credited: sec. 41, ante. 

Taxation of timber: sec. 330 et seq~, post. 

Time for removal from capitol building lands: sec. 427, post. 

Logging rights of way over state lands: sec. 202, post. 

Rights of way over lands sold by state: sec. 86, post. 

Common user of rights of way: sec. 201, post. 

Cited: 37 Wash. 128. 

Application for extension may be entertained if filed within reasonable time 
after expiration of period for removal : Opinions Att'y Gen'l, '09-'10, p. 184. 

Where timber has been sold separate from land, the land may not be sold 
until all timber has been removed or time for removal has expired, even though 
land and timber might have been lawfully sold together : Opinions Att'y Gen'l, 
'07-'08, p. 77. 

Although the act of 1909 (sec. 425 et seq., post) placed the sale of timber 
on capitol building lands within the jurisdiction of the state capitol commission, 
the Board of State Land Commissioners or the Commissioner of Public Lands 
were not ousted of jurisdiction to extend time for removal in cases where such 
timber was sold prior to the taking effect of said act : Opinion Att'y Gen'l, Oct. 
27, '13. 

SEC. 74. TIMBER SOLD PRIOR TO 1909 EXTENSION OF TIME. 

In all cases where any timber on any state school or granted 
lands has been heretofore sold separate from the land and, in 
the judgment of the Board of State Land Commissioners, the 
interest of the state will be better served by granting an exten- 
sion of time for the removal thereof, the said board may extend 
the time for the removal of such timber for a further period of 
not to exceed five years from and after the date upon which it 
may now be removed, upon application and satisfactory showing 



STATE LAND LAWS gg 

TIMBER IMPROVEMENTS. SECS. 75-76 

and upon the payment of the annual rental or charge of one dol- 
lar and fifty cents ($1.50) per acre per year, the said rental 
to be paid into the various funds as now provided by law: 
Provided, That before any such extension be granted the ap- 
plicant shall furnish to the board satisfactory proof that all 
state, county and other taxes levied or assessed upon such tim- 
ber have been fully paid: And, provided further, That the pro- 
visions of this section shall only apply to sales of timber made 
prior to June 15th, 1909. (Laws '13, p. 73, sec. 1 ; 3 Rem.-BaL, 
sec. 6667-2.) 

See sees. 73-75. 

Taxation of timber: sees. 330-332, post. 

SEC. 75. TIMBER SOLD PRIOR TO 1905 EXTENSION OF TIME. 

In all cases where timber on state school and granted land 
has heretofore been sold separate from the land, the purchaser 
shall be allowed five years from the date of sale within which to 
remove said timber: Provided, That the Board of State Land 
Commissioners may extend the time for the removal thereof for 
any period not exceeding ten years from the date of first re- 
newal of said contract, upon application being made for such 
extension, and upon the payment of the sum or rent of one dollar 
and fifty cents per acre, per annum; the said rental so received 
to be paid into the various funds as now provided by law: 
Provided, however, This section shall not operate to grant any 
extension of time for a longer period than ten years from the 
first day of June, 1905, and shall only apply to sales made 
prior to 1905. (Laws Ml, p. 643, sec. 1 ; 3 Rem-Bal., sec. 6670- 
1; 477 sec. 57 Pierce.) 

Time for removal, generally, sec. 73, ante, and notes. 
Proceeds of sale, how credited: sec. 41, ante. 

SEC. 76. APPRAISAL OF IMPROVEMENTS. 

It shall be the duty of the Board of State Land Commission- 
ers, when appraising the value of improvements on state lands, 
to appraise such improvements at such sum as the improvements 
add to the value of the lands, for the purpose of selling the land 



70 STATE LAND LAWS 

SEC. 77 IMPROVEMENTS. 

in the manner provided by law. (Laws '07, p. 212, sec. 1 ; sec. 
6668 Rem.-Bal. ; 477 sec. 99 Pierce.) 

Former Laws: Laws '89-'90, p. 440, sees. 7-8; Laws '95, p. 536, sees. 
22-23; Laws '97, p. 236, sec. 12; Laws '99, p. 252, sec. 1; Laws '01, 
p. 308, sec. 1. 

Value of lands to be appraised exclusive of improvements: Const, 
Art. XVI, sec. 2, ante. 

See next section and notes. 

SEC. 77. IMPROVEMENTS APPRAISAL AND PAYMENT. 

In every appraisement under this act,* the Board of State 
Land Commissioners shall separately appraise all improvements 
placed upon any land of the state and found on such land at the 
time of appraisement of the land, and shall also appraise all 
damages and waste committed or suffered upon said land by the 
cutting or removal of timber, stone, gravel or other valuable 
materials by the person or persons owning such improvements or 
their assignors and the damages so found shall be deducted from 
the appraised value of the improvements and the balance, after 
deducting such damages and waste, shall be the value of the im- 
provements upon the land, and every such appraisement shall 
be recorded in the proceedings of the Board of State Land 
Commissioners : Provided, That this section shall not be con- 
sidered as affecting the right of the state to receive the full 
value of the land. If the purchaser of such land be not the 
owner of the improvements, he shall deposit with the officer 
making the sale, at the time of the sale, the appraised value of 
such improvements ; and if it be found by the board that the 
owner of such improvements was not holding adversely to the 
state at the time of making the improvements, or that said im- 
provements were placed upon the land in good faith by a lessee 
whose lease had not been canceled or subject to cancellation for 
any cause, or that such improvements were placed upon the 
land by mistake, then the Board of State Land Commissioners 
shall direct the Commissioner of Public Lands to pay and he 
shall pay to the owner of said improvements the sum so de- 
posited. But if it be found by the board that such improve- 
ments were made by persons holding or claiming adversely to 



STATE LAND LAWS 71 

IMPROVEMENTS. SEC. 77 

the state, or by persons without license or lease from the state, 
or by a lessee who had not complied with the terms of his lease, 
then said board shall direct the Commissioner of Public Lands 
to pay said sum so deposited to the State Treasurer, who shall 
credit the same to the fund into which the proceeds derived from 
the sale of the land should be paid. If it be found that such im- 
provements were made by a lessee or other person with intent 
to defraud the state or the intending purchaser of the land from 
the state, the sum so deposited shall be forfeited to the state 
and credited as last above provided. (Laws '97, p. 236, sec. 12 ; 
amended, Laws '99, p. 252, sec. 1 ; amended, Laws '01, p. 308, 
sec. 1 ; amended, Laws '07, p. 752, sec. 6 ; amended, Laws '09, 
p. 760, sec. 3; sec. 6667 Rem.-Bal. ; 477 sec. 53 Pierce.) 

Former Laws: Laws '89-'90, p. 440, sees. 7-8; Laws '93, p. 393, sec. 
16; Laws '95, p. 536, sec. 23; idem, p. 567, sec. 91. 

*Chap. 89, Laws '97, and acts amendatory. 

Removal of improvements upon surrender of lease: sec. 141, post. 

Water rights as improvements: sec. 140, post. 

Wharves as improvements under license: sec. 236, post. 

Right to remove cultivated oysters: sec. 116, post. 

Improvements on railroad rights-of-way : sec. 218, post. 

Taxation of improvements: sec. 328, post. 

Local improvement assessments as: sec. 335, post. 

Improvements excluded in appraising lands: Const., Art. XVI, 
sec. 2, ante. 

Improvements on tide lands: sec. 143 et seq., post. 

Cited : 27 Wash. 609 : 37 Wash. 125-129 ; 33 Wash. 327. 

Under former laws, an improver of state lands under authority of law had a 
right to retain possession until such improvements were paid for : Wilkes v. 
Hunt, 4 Wash. 100; Wilkes v. Davies, 8 Wash. 112; Pearson v. Ashley, 5 Wash. 
170 ; Brummett v. Campbell, 32 Wash. 368. 

And the assignee of such improver had the like right as against a stranger, 
notwithstanding an agreement as to the actual ownership, not disclosed by pub- 
lic record : Hart Lbr. Co. v. Rucker, 15 Wash. 456. 

The owner of improvements upon tide lands is entitled to have the lands 
appraised and offered for sale in tracts with reference to his improvements : 
Sullivan v. Callvert, 27 Wash. 600. 

An improvement, to be entitled to appraisement, must be something which 
will add value to the land, and be of use and benefit to the purchaser as owner 
of the land : Lake Whatcom Logging Co. v. Callvert, 33 Wash. 126. 

A railroad trestle, forming a part of the line of a common carrier, is not 
such an improvement as must be appraised before the sale of tide lands : id. 

One applying for the appraisement and sale of state lands is bound to inform 
himself and disclose to the board the true condition thereof with reference to 
improvements, whether of the character contemplated by the statute or other- 
wise : State ex rel. Shores v. Ross, 47 Wash. 210. 



72 STATE LAND LAWS 

SECS. 78-79 APPRAISEMENT. 

SEC. 78. APPRAISEMENT BOARD MAY COMPEL TESTIMONY. 
For the purpose of determining the value and character of 
land, timber, fallen timber, stone, gravel or other valuable ma- 
terials or improvements, the Commissioner of Public Lands or 
the Board of State Land Commissioners may compel the at- 
tendance of witnesses by subpoena, at such place as the com- 
missioner or the board may designate, and examine such wit- 
nesses under oath as to the value and character of such lands, 
materials or improvements and waste or damage thereto. (Laws 
'97, p. 236, sec. 12 ; amended, Laws '99, p. 252, sec. 1 ; amended, 
Laws '01, p. 308, sec. 1; amended, Laws '07, p. 752, sec. 6; 
amended, Laws '09, p. 760, sec. 3 ; sec. 6667 Rem.-Bal. ; 477 
sec. 53 Pierce.) 

Former Laws: Laws '95, p. 567, sec. 93. 

See sec. 18, ante, and sec. 145, post, for similar provisions. 

Cited: 27 Wash. 609; 33 Wash. 327; 37 Wash. 125. 

SEC. 79. CERTIFICATE OF APPRAISEMENT PROTEST. 

Immediately upon the appraisement and inspection provided 
for in this chapter being made of any land in any county of the 
state, and the Commissioner of the Public Lands shall prepare a 
certificate of such appraisement showing in detail the facts re- 
ported in such appraisement, and he shall file one copy of the 
same in his office and shall certify one copy and forward it to 
the auditor of the county in which said land is situated, and the 
said county auditor shall post it in a conspicuous place in his 
office, and the said Commissioner of Public Lands shall notify 
the applicant of the appraisement and of the notice to the 
auditor, and that said board will allow the applicant twenty 
days in which to show wherein said appraisement is defective, 
excessive or unjust, which protest, if any be made and filed, shall 
be considered by the said board, and notice of their action shall 
be sent to the applicant. (Laws '97, p. 238, sec. 13; amended 
Laws '03, p. 113, sec 1; sec. 6671 Rem.-Bal. ; 477 sec. 59 
Pierce.) 

Former Laws: Laws '93, p. 392, sees. 12-13; Laws '95, p. 536, sec. 22. 

Inspection and appraisement: sec. 69, ante. 



STATE LAND LAWS 73 

ADVERTISING SALES. SECS. 80-81 

SEC. 80. LANDS INCLUDED. 

All leases of state tide lands, and the sales of all tide and 
shore lands of whatever class, except when sold to persons having 
the preference right of purchase, and timber and materials of 
state school, and granted lands, and harbor areas or mineral 
lands where, under existing law, the same can be sold, shall be 
made in the same manner, under the same notice and at the same 
time and place, as provided in sections 81 and 82 of this code. 
(Laws '07, p. 315, sec. 2; sec. 6673 Rem.-Bal. ; 477 sec. 63 
Pierce.) 

NOTE: Sec. 153, post, providing manner of advertising and leasing 
harbor area, is a later act of the same session, but was superseded by 
sees. 81 and 82, post. 

Mining leases issued to qualified applicant without advertising: 
sec. 180 et seq., post. 

A sale of second class shore lands to upland owner, under sees. 98-102, post, 
need not be advertised as required by the following section : Opinions Att'y 
Gen'l, '05-'06, p. 184. 

SEC. 81. SALES HOW ADVERTISED. 

When the Board of State Land Commissioner shall have de- 
cided to sell any lot, block, tract or tracts of granted lands, or 
timber, fallen timber, stone, gravel or other valuable materials 
thereon, it shall be the duty of the Commissioner of Public Lands 
to forthwith fix the date of sale and give notice thereof by 
advertisement published once a week for five weeks next before 
the time he shall name in said notice, in at least one newspaper of 
general circulation published in the county in which the lands are 
situated, which notice shall specify the place, time and terms 
of sale, describing with particularity each parcel of land to 
be sold and stating the appraised value thereof, and by causing 
to be posted in a conspicuous place in the office of the auditor 
of the county wherein such lands are situated a copy of said 
notice. The Commissioner of Public Lands shall cause to be 
printed in pamphlet form a list of all school, granted or other 
public lands or materials thereon, or tide or shore lands of the 
first or second class, or detached tide lands, or harbor area 
leases or mineral lands required by law to be sold at public 
auction and the appraised value, where the law provides for 



74 STATE LAND LAWS 

SEC. 81 ADVERTISING SALES. 

appraisement, that are to be sold in the several counties of 
the state, said lists to be issued each month, at least four weeks 
prior to the date of sale of such lands or materials enumerated 
thereon, such lands and materials to be listed under the name 
of the county wherein located, in alphabetical order, giving the 
appraised values, character of same and such other information 
as may be of interest to prospective buyers. Said Commis- 
sioner of Public Lands shall cause to be distributed to the 
auditor of each county in the state a sufficient number of such 
lists to supply the demands made upon them respectively, as 
reported by such auditors, not exceeding one hundred copies in 
any one county. And said county auditor shall keep the lists 
so furnished in a conspicuous place or receptacle on the counter 
of the public office of their respective departments, and when 
requested so to do shall mail copies of such lists to residents of 
their counties. The Commissioner of Public Lands shall retain 
for free distribution in his office five hundred copies of said lists, 
as above set forth, such lists to be kept in a conspicuous place 
or receptacle on the counter of the general office of the Com- 
missioner of Public Lands ; and when requested so to do, the 
commissioner shall mail copies of said lists each month as issued 
to any applicant therefor. Proof of publication shall be made 
by affidavit of the publisher or person in charge of the news- 
paper publishing the notice of sale and by certificate of the 
auditor showing the posting of the notice of sale as aforesaid 
and the receipt of the lists as aforesaid, which shall forthwith be 
sent to and filed with the Commissioner of Public Lands. The 
Board of State Land Commissioners is hereby authorized to 
expend any sum of money, not exceeding fifteen dollars, in addi- 
tional advertising of such sale as the said board shall determine 
to be for the best interests of the state. (Laws '97, p. 238, sec. 
14 ; amended, Laws '07, p. 313, sec. 1 ; amended, Laws '09, p. 
763, sec. 4 ; amended, Laws '13, p. 93, sec. 1 ; 3 Rem.-Bal., sec. 

6672; 477 sec. *61 Pierce.) 

Former Laws: Laws '89-'90, p. 441, sec. 9; Laws '93, p. 396, sec. 
20; Laws '95, p. 540, sec. 28; idem, p. 548, sec. 50. 

Advertising harbor area and mineral leases: see notes to preceding 
section. 



STATE LAND LAWS 75 

SALES. SEC. 82 

SEC. 82. SALES WHEN AND HOW MADE. 

The Commissioner of Public Lands shall cause all such lands 
or materials thereon to be sold and arrange such date of sale so 
that it will fall on the first Tuesday of the month, except where 
such Tuesday would fall on a legal holiday, in which case no 
sales shall be made until the following month. Such sale shall 
take place on the day advertised, between the hours of 10 o'clock 
in the forenoon and 4 o'clock in the afternoon, in front of the 
courthouse, or of the building in which the superior court is held, 
in counties in which there is no courthouse, and shall be sold at 
public auction to the highest bidder, on the terms prescribed 
by section 83 and as specified in the notice in section 81 pro- 
vided ; and no land shall be sold for less than its appraised value. 
Such sale shall be conducted under the direction of the board, 
or the Commissioner of Public Lands, by the county auditor 
of the county in which the lands are situate ; and such auditor 
shall at once deliver to the purchaser, under his hand and seal, 
a memorandum of his purchase, containing a description of the 
land purchased, the price bid and the terms of sale, upon the 
delivery to such auditor, by the purchaser, either in cash 
or by certified check, or draft drawn upon some bank doing 
business in this state, or by postal order, of an amount equal 
to one-tenth of the price of the land by him purchased, payable 
to the order of the Commissioner of Public Lands; and such 
auditor shall at once send to the Commissioner of Public Lands 
such cash or certified check, draft or postal order and a copy of 
the memorandum delivered to the purchaser, together with such 
additional report of his doings and proceedings with reference 
to such sale as may be required by the Commissioner of Public 
Lands or the Board of State Land Commissioners. (Laws '97, 
p. 238, sec. 14 ; amended, Laws '07, p. 313, sec. 1 ; amended, 
Laws '09, p. 763, sec. 4 ; amended, Laws '13, p. 93, sec. 1 ; 3 
Rem.-Bal., sec. 6672 ; 477 sec. *61 Pierce.) 

Former Laws: Laws '89-'90, pp. 441-443, sees. 9-12; Laws '93, pp. 394- 
396, sees. 18-20; Laws '95, pp. 535-539, sees. 20-28. 

Appraisement and sale of granted lands: Const., Art. XVI, sees. 2-3, 
ante. 

Re-offer of unsold lands: sec. 67, ante. 



7(5 STATE LAND LAWS 

SECS. 83-84 SALES. 

SEC. 83. TERMS OF SALE. 

All state lands shall be sold on the following terms: One- 
tenth to be paid on the date of sale, and one-tenth annually 
thereafter on the first day of March in each year until the full 
purchase price has been paid: Provided, That any purchaser 
may make full payment at any time. All deferred payments 
shall draw interest at the rate of six per cent, per annum. The 
first installment of interest shall become due and payable on the 
first day of March, next after the date of sale, and thereafter 
all interest shall become due and payable annually on the first 
day of March in each year. All remittances for payment of 
either principal or interest must be forwarded to the Commis- 
sioner of Public Lands. (Laws '97, p. 240, sec 16 ; amended, 
Laws '07, p. 749, sec. 3; sec. 6675 Rem.-Bal. ; 477 sec. 67 
Pierce.) 

Former Laws: Laws '89-'90, p. 443, sec. 12; Laws '93, p. 394, sec. 
18; Laws '95, p. 538, sec. 25. 

Sale of timber and materials: sec 71, ante. 

Contract of sale and deed: sec. 106 et seq., post. 

Cited : 20 Wash. 152. 

Under sec. 106, post, interest runs from date of issuance of contract and not 
from date of sale : Opinion Att'y Gen'l, Mar. 17, '13. 

SEC. 84. CONFIRMATION OF SALE. 

The members of said board of appraisers, or the county 
auditor conducting the sale, shall, upon making sale of any 
school lands, or stone, mineral or timber thereon, report such sale 
to the said board of appraisers, as provided in section 82, to- 
gether with other information touching the same, as the said 
board shall have prescribed, and within [after] ten days from the 
date of the reception of such report by the Commissioner of Pub- 
lic Lands, if no affidavit showing that the interest [s] of the state 
in such sale were injuriously affected by fraud or collusion shall 
have been filed with said board, and it shall appear from such 
report that the sale was fairly conducted, and that the pur- 
chaser was the highest bidder at such sale, and that his bid was 
not less than the appraised value of the property sold, and if 
the said Board of State Land Commissioners shall be satisfied 



STATE LAND LAWS 77 

MINERALS RESERVED. SEC. 85 

that the land sold would not, upon being readvertised and sold, 
sell for at least ten per cent, more than the price at which it shall 
have been sold, and that the payment required by law to be made 
at the time of making the sale has been made, and the best in- 
terests of the state may be thereby subserved, the Secretary of 
the Board of State Land Commissioners, by order of said Board 
shall enter upon his records a confirmation of said sale and there- 
upon the Commissioner of Public Lands shall issue to the pur- 
chaser a contract of sale, as in section 106 provided. (Laws '97, 
p. 240, sec. 15 ; amended Laws '03, p. 114, sec. 2 ; amended Laws 
'07, p. 755, sec. 7 ; sec. 6674 Rem.-Bal. ; 477 sec. 65 Pierce.) 

Former Laws: Laws '89-'90, pp. 444-46, sees. 14-16; Laws '93, p. 
397, sec. 21; Laws '95, p. 541, sec. 29. 

NOTE: The Board of State Land Commissioners has uniformly con- 
strued the word "within" to mean "after," as indicated by brackets in 
the above section, so as to allow a full period of ten days after report 
of sale for the filing of protests. 

Board of State Land Commissioners as Board of Appraisers: sec. 
13, ante. 

Board may reconsider acts: sec. 19, ante, and notes. 

Money not deemed paid to state until deposited with treasurer: sec. 
34, ante. 

Cited : 30 Wash. 269-271 ; 36 Wash. 671 ; 42 Wash. 446. 

Mandamus will not lie to compel the board to readvertise and resell, their 
action being discretionary: McNaught etc. Co. v. Atlantic etc. Co., 36 Wash. 
669 ; State ex rel. Bussell v. Bridges, 30 Wash. 268 ; Powers v. Webster, 47 
Wash. 99. 

The commissioner may withhold deed after confirmation of sale, upon dis- 
covery of fraud : State ex rel. Shores v. Ross, 44 Wash. 246. 

Evidence of fraud in bidding held sufficient to warrant disapproval of sale 
and cancellation of executed deed : State ex rel. Shores v. Ross, 47 Wash. 210. 

SEC. 85. MINERALS RESERVED. 

Each and every contract for the sale of any state lands, or 
deeds or patents to such state lands except deeds or patents 
issued pursuant to contracts heretofore made shall contain the 
following saving clause: "The party of the first part hereby 
expressly saves, excepts and reserves out of the grant hereby 
made, unto itself, its successors, and assigns forever, all oils, 
gases, coal, ores, minerals and fossils of every name, kind or 
description, and which may be in or upon said lands above 
described, or any part thereof, and the right to explore the same 



78 STATE LAND LAWS 

SEC. 85 MINERALS RESERVED. 

for such oil, gases, coal, ores, minerals, and fossils ; and it also 
hereby expressly saves and reserves out of the grant hereby 
made, unto itself, its successors and assigns forever, the right 
to enter by itself, its agents, attorneys and servants upon said 
lands or any part or parts thereof, at any and all times, for 
the purpose of opening, developing and working mines thereon, 
and taking out and removing therefrom all such oils, gases, 
coal, ores, minerals and fossils, and to that end it further ex- 
pressly reserves out of the grant hereby made, unto itself, its 
successors and assigns forever, the right by its or their agents, 
servants and attorneys at any and all times to erect, construct, 
maintain and use all such buildings, machinery, roads and rail- 
roads, sink such shafts, remove such soil, and to remain on said 
lands or any part thereof for the business of mining and to 
occupy as much of said land as may be necessary or convenient 
for the successful prosecution of such mining business hereby 
expressly reserving to itself, its successors and assigns, as afore- 
said, generally, all rights and powers in, to, and over said lands, 
whether herein expressed or not, reasonably necessary or con- 
venient to render beneficial and efficient the complete enjoyment 
of the property and rights hereby expressly reserved" : Pro- 
vided, That no rights shall be exercised under this reservation 
by the state, its successors or assigns, until provision has been 
made by the state, its successors or assigns to pay to the owner 
of the land upon which the right herein reserved to the state, 
its successors or assigns or sought to be exercised, full payment 
for all damages sustained by said owner, by reason of entering 
upon said land. (Laws '07, p. 749, sec. 3 ; sec. 6675 Rem.-Bal. ; 
477 sec. 67 Pierce.) 

Lease of mining rights: sec. 180 et seq., post. 
Lease for oil and gas mining: sec. 194 et seq., post. 
Selection of lands by state with coal reserved by United States: 
sec. 600, post. 

The right to extract oil and gas from lands sold with this reservation is not 
subject to lease under the provisions of sees. 194-200, infra : Opinion Att'y 
Gen'l, Feb. 15, '13. 



STATE LAND LAWS 79 

EASEMENT RESERVED. SEC. 86 

SEC. 86. LANDS SOLD LIABLE TO RIGHTS-OF-WAY. 

All state lands hereafter granted, sold or leased containing 
timber, stone, mineral or other products or when other state 
lands contiguous or in proximity thereto contain valuable 
timber, stone, mineral or other products, shall be subject to 
the right of the state, or any grantee or lessee thereof hereafter 
acquiring such other lands, or acquiring the timber, stone, 
mineral or other products thereon, to acquire the right of way 
over such lands so granted, for private railroads, skid roads, 
flumes, canals, watercourses or other easements for the purpose 
of and to be used in the transporting and moving of such 
timber, stone, mineral or other products from such other lands, 
over and across the lands so granted or leased, upon the state 
or its grantee paying to the owner of the lands so granted, 
sold or leased reasonable compensation therefor. In case the 
parties interested cannot agree upon the damages incurred, 
the same shall be ascertained and assessed in the same manner as 
damages are ascertained and assessed against a railroad seeking 
to condemn private property. (Laws '11, p. 506, sec. 1; 3 
Rem.-BaL, sec. 6831-1; 171 sec. 197 Pierce.) 

Logging rights-of-way over state lands: sec. 202, post. 



80 STATE LAND LAWS 

SEC. 87 LANDS CLASSIFIED. 



CHAPTER 9. 

SALE OF TIDE AND SHORE LANDS. 
SEC. 87. TIDE AND SHORE LANDS CLASSIFIED. 

88. Shore Lands Sold Prior to June 13, 1913; Boundary. 

89. Recession of Waters: Public Use of Beds. 

90. FIRST CLASS LANDS: Abutter's Preference Right. 

91. Conveyance of Preference Right. 

92. Improver's Preference Right to Purchase. 

93. Conflicting Applications. 

94. Payment under Preference Right. 

95. Sale at Public Auction. 

96. SECOND CLASS TIDE LANDS: Manner of Sale. 

97. Sold as Granted Lands. 

98. SECOND CLASS SHORE LANDS: Preference Right. 

99. Limit of Time for Exercise. 

100. Notice to Purchase. 

101. Board May Offer Without Application. 

102. Reappraisement, Platting and Sale. 

103. DETACHED TIDE AND SHORE LANDS; Sale. 

104. SECOND CLASS TIDE LANDS, Additional; Sale. 

105. ACCRETIONS AFTER SALE: Sale of. 

Cross-Ref erences : APPRAISEMENT AND SALE, generally; sec. 
59 e1\ seq., ante; CONTRACTS AND DEEDS: sec. 106 et seq., post; 
SALE OF OYSTER LANDS: sec. 114 et seq., post; LEASE OF TIDE 
LANDS, HARBOR AREAS, etc.: sees. 142 to 180, post; PLATTING 
TIDE AND SHORE LANDS: sec. 306 et seq., post; SURVEYS AND 
SALES TIDE LANDS UNDER SPECIAL ACTS: sec. 512 et seq., post. 

SEC. 87. CLASSIFICATION OF TIDE AND SHORE LANDS. 

The tide and shore lands of the State of Washington, which 
are not reserved from sale by the constitution and laws of the 
state, shall be divided into two classes : 

(1) Tide and shore lands of the first class, which shall com- 
prise all tide and shore lands within or in front of the limits of 
any incorporated city or town, or within two miles thereof on 
either side, including submerged lands lying between the line of 
mean low tide and the inner harbor line, wherever harbor lines 
have been established or shall be established. 

(2) All tide and shore lands in the state not included in the 
above class, shall be known as second class tide and shore lands, 
and shall be leased and sold as in the manner provided in this 



STATE LAND LAWS 81 

LANDS CLASSIFIED. SEC. 87 

act.* (Laws '97, p. 248, sec. 39; sec. 6744 Rem.-Bal. ; 411 

sec. 117 Pierce.) 

Former Laws: Laws '89-'90, p. 431, sec. 4; Laws '95, p. 549, sec. 52. 

*Act refers to Chap. 89, Laws '97 and acts amendatory. 

Definition and classification of state lands: sec. 59, supra. 

Assertion of title to tide and shore lands: Const., Art. XVII, sec. 1, 
ante. 

Platting tide lands and establishment harbor lines: sec. 306 et 
seq., post. 

Reservation of natural oyster lands: sec. 359, post. 

Cited : 16 Wash. 637 ; 24 Wash. 364 ; 34 Wash. 252 ; 57 Wash. 535. 

See 2 Remington's Digest, pp. 2404-2406, sees. 84-88; pp. 2124-2127, sees. 
21-32 ; Vol. 4, pp. 872-873, sees. 84-88 ; pp. 781-783, sees. 21-30. 

What tide and shore lands belong to the state : See sec. 59, ante, and notes, 
and Const., art. XVII, sees. 1-2 and notes, ante. 

DEFINITIONS, ETC. : 

Tide lands upon which a boom company has located and filed a plat, as pro- 
vided by sec. 7110 et seq., Rem.-Bal. Code, are not thereby severed from the 
mass of public lands, but are subject to sale as provided by law : Samish Boom 
Co. v. Callvert, 27 Wash. 611. 

Within the terms of chapter 89, Laws '97, tide and shore lands are "state 
lands" and "public lands," but, except as used in said chapter and acts amenda- 
tory thereof, these terms do not include such lands : Notes to sec. 60, supra. 

A deed from the state of tide lands of the second class must be considered as 
made after a finding by the land department as to the character of the land ; 
and such a deed cannot be collaterally attacked upon a subsequent application to 
purchase the same as oyster lands : Welsh v. Callvert, 34 Wash. 250. 

In the absence of fraud, the failure of the state oyster commission to include 
tide lands in an oyster reserve amounts to a finding that the same are not 
oyster lands, and the state is concluded thereby : State v. Heuston, 56 Wash. 
268. 

Even before the adoption of the definition found in this section and in sec. 59, 
supra, first class tide lands were held to extend to the inner harbor line, regard- 
less of the low tide line : State ex rel. McKenzie v. Forrest, 11 Wash. 227. 

The term "in front of the limits of any incorporated city or town" refers 
to only such land as adjoins and lies in front of such limits, not separated there- 
from by navigable water ; and the term "within two miles thereof on either 
side" refers to tide lands within two miles, measured along the general course of 
the shore line, from either of the boundaries running inland from such shore 
line : State ex rel. Lehman v. Bridges, 24 Wash. 362. 

There is no conflict between this section and section 59, supra, defining tide 
lands: Pearl Oyster Co. v. Heuston, 57 Wash. 533. 

At least prior to the amendment of sec. 59, supra, by act of 1911, a sale of 
second class tide lands without the reservation or exception of lands theretofore 
sold as oyster lands under the provisions of sees. 114-115, infra, did not convey 
the fee to the oyster lands nor the state's reversionary interest therein : Scott 
v. Olympia Oyster Co., 63 Wash. 364. 

RIGHTS AND TITLE OP PURCHASER : 

The state owns the tide and shore lands, with full power to dispose of them, 
restricted only by the national and state constitutions : Shively v. Bowlby, 152 
U. S. 1 ; Eiscnbach v. Hatfield, 2 Wash. 236, and cases collated in note to Const., 
art. XVII, sec. 1, ante. 

The state has power to declare what portion of the beds and shores of navi- 
gable waters shall be subject to sale to private parties, so long as its acts do not 



g2 STATE LAND LAWS 

SEC. 88 RECLAIMED SHORELANDS. 

unreasonably interfere with the primary right of navigation : Van Siclen v. 
Muir, 46 Wash. 38 ; Sequim Bay Canning Co. v. Bugge, 49 Wash. 127. 

The state is not a necessary party to an action for trespass on tide lands 
held under lease : Sequim Bay Canning Co. v. Bugge, 49 Wash. 127. 

A state deed of tide lands for oyster cultivation, being absolute in form, 
grants exclusive possession and the right to prevent strangers from passing over 
the same by boat or otherwise, at any stage of the tide, and is not a substantial 
impairment of the rights of the public in navigable waters or an interference with 
the right of Congress to regulate interstate and international commerce : Palmer 
v. Peterson, 56 Wash. 74. 

State's title to the beds and shores of navigable waters is in fee, to the ex- 
clusion of all common law littoral and riparian rights : Muir v. Johnson, 49 
Wash. 66 ; Bilger v. State, 63 Wash. 457 ; Eisenbach v. Hatfleld, 2 Wash. 236 ; 
Brace & Hergert Mill Co. v. State, 49 Wash. 326 ; Grays Harbor Boom Co. v. 
Lownsdale, 54 Wash. 83 ; Lownsdale v. Grays Harbor Boom Co., 54 Wash. 542 ; 
State ex rel, Tesler v. Board, 2 Wash. 53O. 

A sale of the bed and shores of a navigable tidal slough confers no right to 
totally Obstruct the navigation of such slough, since all tide lands are sold sub- 
ject to the paramount rights of the public in the waters thereon : Dawson v. 
McMillan, 34 Wash. 269 ; Judson v. Tidewater Lbr. Co., 51 Wash. 164. But see 
Palmer v. Peterson, supra. 

The ownership of tide lands being absolute, where there is no intervening 
harbor area, a drawbridge constructed over navigable waters by federal and 
state authority must be operated so as not to obstruct a wharf on tide lands in 
private ownership : Nor. Pac. R. Co. v. Slade Lbr. Co., 61 Wash. 195. 

An upland owner on navigable waters has no riparian rights where, in order 
to reach the water, he must cross over tide or shore lands which the state 
has sold to another : Lownsdale v. Grays Harbor Boom Co., 54 Wash. 542 ; 
Chlopeck Fish Co. v. Seattle, 64 Wash. 315. 

Whether any title is acquired in lands sold for oyster culture below the 
lower boundary of second class tide lands is a question which cannot be raised 
by the tide land owner : Pearl Oyster Co. v. Heuston, 57 Wash. 533. 

The purchaser or lessee of state tide lands is entitled to the exclusive pos- 
session of the shellfish imbedded therein : Sequim Bay Canning Co. v. Bugge > 
49 Wash. 127. 

And to seaweed growing or stranded thereon : Opinions Att'y Gen'l, '11-'12> 
p. 272. 

A littoral owner upon a navigable lake is not entitled to the removal of a 
houseboat moored in navigable water in front of his lands, either as an ob- 
struction affecting his littoral rights or as a trespass constituting a nuisance, 
since only the state can object thereto : Van Siclen v. Muir, 46 Wash. 38 ; Muir 
v. Johnson, 49 Wash. 66. 

Prior to the amendment of sec. 59, supra, by act of 1911, a sale of second 
class tide lands conveyed no lands below the line of mean low tide : Pearl 
Oyster Co. v. Heuston, 57 Wash. 533. 

The upper boundary of tide and shore lands is the line of ordinary high tide 
or water within the banks, except where the government meander line of the 
uplands was run below such line and the uplands according to such survey pat- 
ented prior to statehood, in which case the meander line is the upper boundary r 
Washougal etc. Transp. Co. v. Dalles Nav. etc. Co., 27 Wash. 470. See cases 
cited in note to sec. 2, Art. XVII, Const., ante. 

SEC. 88. SHORE LANDS BOUNDARIES EXTENDED RECESSION 
OF WATERS. 

In every case where the State of Washington has heretofore 
sold to any purchaser from the state any second class shore 



STATE LAND LAWS 83 

SHORELANDS RESERVED. SEC. 89 

lands bordering upon navigable waters of this state by descrip- 
tion wherein the water boundary of the land so purchased is not 
defined, such water boundary shall be held and is hereby declared 
to be the line of ordinary navigation in such water; and when- 
ever such waters have heretofore been or shall hereafter be 
lowered by any action done or authorized either by the State 
of Washington or the United States such water boundary 
shall thereafter be held and is hereby declared to be the line of 
ordinary navigation as the same shall be found in such waters 
after such lowering, and there is hereby granted and confirmed 
to every such purchaser, his heirs and assigns, all such lands : 
Provided, however, That this section shall not apply to such 
portions of such second class shore lands which shall as pro- 
vided in section 89 be selected by the Commissioner of Public 
Lands of the State of Washington for harbor areas, slips, docks, 
wharves, warehouses, streets, avenues, parkways and boulevards, 
alleys, or other public purposes. (Laws '13, p. 667, sec. 1 ; 
3 Rem.-BaL, sec. 8173-1.) 

Lower boundary not defined by sees. 59 or 87, ante, 
Certain lands excepted and granted to city of Seattle: sec. 541, 
post. 

Right to lower waters of Lake Washington ceded to United States: 
sec. 554, post. 

Lower boundary of second class shore lands, generally : See Van Siclen v. 
Muir, 46 Wash. 38 (p. 42) ; Pearl Oyster Co. v. Heuston, 57 Wash. 533. 

SEC. 89. SELECTION OF RECLAIMED SHORE LANDS FOR 
PUBLIC USE TITLE TO SELECTED LANDS. 

Within twelve months after June 12, 1913, it shall be the 
duty of the Commissioner of Public Lands to survey such second 
class shore lands and in platting such survey to designate 
thereon as selected for public use all of such shore lands as in 
the opinion of said Commissioner of Public Lands is available 
convenient or necessary to be selected for the use of the public 
as harbor areas and sites for slips, docks, wharves, warehouses, 
streets, avenues, parkways and boulevards, alleys and other 
public purposes. Upon the filing of such plat in the office 
of the Commissioner of Public Lands, the title to all harbor 



84 STATE LAND LAWS 

SEC. 90 ABUTTER'S RIGHT. 

area so selected shall remain in the state, the title to all selections 
for streets, avenues and alleys shall vest in any city or town 
within the corporate limits of which they may be then situate, 
otherwise in the county in which situate, the title to and control 
of any lands so selected and designated upon such plat for 
parkway and boulevard purposes shall, if the same lie outside 
of the corporate limits of any city or town and if the same form 
a part of the general parkway and boulevard system of a city 
of the first class, be in such city, the title to all selections for 
commercial waterway district purposes shall vest in the com- 
mercial waterway district in which situate, or for which selected, 
and the title to all selections for slips, docks, wharves, ware- 
houses and other public purposes shall vest in the port district 
if they be situate in a port district, otherwise in the county in 
which situate. (Laws '13, p. 668, sec. 2; 3 Rem.-Bal., sec. 
8173-2.) 

Platting of shore lands, generally: sec. 306 et seq., post. 

The right of selection extends to shore lands lying in front of lands sold as 
shore lands of the second class, which thereafter became shore lands of the first 
class : Opinion Att'y Gen'l, May 21, 1913. 

SEC. 90. ABUTTER'S PREFERENCE RIGHT TO PURCHASE. 

The owner of any land abutting and fronting upon tide and 
shore lands of the first class shall have the right for sixty days 
following the filing of the final appraisal of the tide and shore 
lands with the Commissioner of Public Lands to apply for the 
purchase of the lands fronting and abutting the land so owned. 
(Laws '97, p. 250, sec. 45; re-enacted, Laws '07, p. 739, sec. 4; 
sees. 6750 and 6772 Rem.-Bal.; 477 sees. 127 and 139 Pierce.) 

Former Laws: Laws '89-'90, pp. 433-35, sees. 8-11; Laws '91, p. 
403, sec. 1; Laws '95, p. 552, sec. 58. 

NOTE: This section is adapted from the sections above cited. 
Sec. 92, post, is a proviso to this section as first enacted, and gives 
certain improvers a superior right, but such proviso was not attached 
to the section as re-enacted. 

Appraisement of tide and shore lands: sec. 319 et seq., post. 

Special provisions as to tide and shore lands of Aberdeen, Belling- 
ham, Elaine, Hoquiam, La Conner, Seattle, Lakes Union and Washing- 
ton, South Bend and Vancouver: sec. 461 et seq., post. 



STATE LAND LAWS 85 

ABUTTER'S RIGHT. SEC. 90 

Abutter's preference right to purchase second class shore lands: 
sec. 98 et seq., post. 

Cited: IT Wash. 655; 19 Wash. 302; 21 Wash. 493; 49 Wash. 336; 54 
Wash. 601 ; 60 Wash. 33, 502 ; 65 Wash. 216-221. 

Vide 2 Remington's Digest, pp. 2124-2127, sees. 21-32; pp. 2407-2409, sees. 
96-100 ; Vol. 4, pp. 781-783, sees. 21-30 ; id., pp. 873-874, sees. 96-99. 

EXERCISE OF THE RIGHT, ETC. : 

One claiming the preference right by virtue of alleged ownership of abutting 
lands is required to describe such uplands in an action to obtain a deed : Wash. 
Dredg. etc. Co. v. Cannel Coal Co., 45 Wash. 462. 

Upon appeal from an order of the board awarding the preference right, it is 
proper to allow the application to be amended so as to base the same upon an 
assignment of the preference right to purchase, instead of upon the ownership 
of abutting uplands : Shorett v. Signor, 58 Wash. 89. 

The special deposit required by sec. 68, ante, is not required with a prefer- 
ence right application under this section : Opinion Att'y Gen'l, April 25, '13. 

An appeal lies from the decision of the board that the lands applied for are 
not subject to sale : Ilwaco v. Ilwaco It. & N. Co., 17 Wash. 652. 

This section is not affected by sec. 155 et seq., post, relating to the leasing 
of tide lands in port districts : Opinion Att'y Gen'l, Sept. 30, '13. 

One who purchases platted tide lands under preference right takes the fee to 
the abutting streets : Bussell v. Ross, 64 Wash. 418. 

The time for application commences to run from the time of the filing of the 
final appraisement : McKenzie v. Woodin, 9 Wash. 414. 

See notes to sec. 22 et seq., ante, as to remedies and practice on appeal. 

NATURE OF THE RIGHT: 

A claim of preference right to purchase tide or shore lands is property, which 
may be assigned to another and which will descend to claimant's heirs upon his 
death : Hotchkin v. Bussell, 46 Wash. 7. 

The owner of uplands abutting upon a navigable lake is entitled to an in- 
junction against the use of the shore lands by another, by virtue of his prefer- 
ence right to purchase when the same shall be platted and appraised : Van 
Siclen v. Muir, 46 Wash. 38 ; West Coast etc. Co. v. Wlnsor, 8 Wash. 490. 

But he is not entitled to the removal of a houseboat moored in navigable 
water in front of his lands, either as an obstruction affecting his littoral rights 
or as a trespass constituting a nuisance : Van Siclen v. Muir, 46 Wash. 38 ; 
Muir v. Johnson, 49 Wash. 66 ; nor of improvements made prior to Mar. 20, 
1890 : Eisenbach v. Hatfield, 2 Wash. 236. 

The state's title to the beds and shores of navigable waters is in fee, to the 
exclusion of all common law littoral and riparian rights : Bilger v. State, 63 
Wash. 457, and cases there collated. See notes to Const., Art. XV, sec. 1, and 
Art. XVII, sec. 1, ante. 

The statutes giving abutting owners the preference right to purchase confer 
a mere gratuity, not intended in lieu of riparian or littoral rights : GifforU r. 
Norton, 54 Wash. 595 ; Aberdeen v. Wiley, 60 Wash. 434 ; Chlopeck Fish Co. v. 
Seattle, 64 Wash. 315. 

Such statutes, being a concession by the state, must be strictly construed : 
Globe Mill Co. v. Bellingham etc. Co., 10 Wash. 458. 

The abutting owner is not entitled, by virtue of his preference right to pur- 
chase, to notice of proposed contract for improvement thereof under sec. 286 
et seq., post : Seattle etc. Co. v. Seattle Dock Co., 35 Wash. 503. 

PERSONS ENTITLED : 

See next section and notes. 

The preference right belongs to the owner of the immediately adjoining lands, 
even though these are tide or shore lands in fact, so long as they are in private 



gg STATE LAND LAWS 

SEC. 91 ABUTTER'S RIGHT. 

ownership : Bleakley v. Lake Wash. Mill Co., 65 Wash. 215, distinguishing 
Denny v. Nor. Pac. R. Co., 19 Wash. 299. 

Only the owner of the legal title to the abutting lands is entitled to this 
preference right, which does not inure to a vendee, in possession under contract 
of sale of such lands, with deed in escrow, not delivered until after the expira- 
tion of the sixty-day period : Book v. Thomas, 61 Wash. 607. 

The legal title to lands sold on execution does not pass to the purchaser to 
such extent as to entitle him, during the period of redemption, to exercise the 
preference right: Hays v. Nat'l Bank, 14 Wash. 192. 

The preference right to purchase is severed, and passes to the purchaser of 
shore land lots which have been included in a plat of the uplands and sold be- 
fore the adjoining uplands : Shorett v. Signor, 58 Wash. 89. But not if sold 
after such uplands : Seattle & M. R. Co. v. Carraher, 21 Wash. 491. 

Where the upland owner extended his plat over shore lands belonging to the 
state, the grantee of the shore land lots does not acquire the right, as an up- 
land owner, to purchase the same from the state, but his rights rest on the fol- 
lowing section : idem. 

The owner of lands separated from shore lands only by a street owns the fee 
of the entire street and has the preference right to purchase the abutting shore 
lands: idem, and Qifford v. Horton, 54 Wash. 595. 

The abutter's preference right is not affected or conveyed by the grant of an 
easement for a railway right-of-way extending to or below the line of ordinary 
high water : Pac. Iron Wks. v. Bryant Lbr. etc. Co., 60 Wash. 502. 

WHEN VESTED : 

The preference right to purchase tide lands did not become vested upon the 
entry of an order awarding such right to the applicant, which order was not 
certified to the commissioner as provided in sec. 93, post, and was subsequently 
reviewed and vacated by the board : Kinnear v. Ross, 74 Wash. 371. 

Under Laws '95, p. 570', sec. 106, repealing prior laws upon the subject of 
tide lands, but preserving all rights which have been acquired thereunder, the 
rights of applicants for the purchase of tide lands under the act of 1890, whose 
applications were pending at the time of the passage of the act of '95, are 
saved, as such repeal cannot be construed as having reference to vested rights : 
State ex rel. Meghler v. Forrest, 13 Wash. 268. 

Where a qualified applicant has complied with all the preliminary require- 
ments of the existing law at the time of his application, which would entitle 
him to a contract of sale, he has acquired a vested right in such lands, of which 
he cannot be deprived by a subsequent repeal of the law under which the ap- 
plication was made : State ex rel. Billings v. Bridges, 22 Wash. 64 ; State ex 
rel. Wilson v. Ry. Co., 60 Wash. 32. 

But acts granting the preference right may be repealed, and until accepted 
they do not constitute a contract between the state and the beneficiaries, so 
that a privilege which has not been exercised may be taken away : Allen v. 
Forrest, 8 Wash. 700; State ex rel. Wilson v. Grays Harbor etc. R. Co., 60 
Wash. 32. 

Rights under a defective application, subsequently amended and filed, held 
to relate back to time when first tendered : Johnson v. Woodworth, 18 Wash. 
243. 

SEC. 91. CONVEYANCE OF PREFERRED RIGHT. 

When the abutting upland owner has attempted to convey by 
deed to a bona fide purchaser any portion of the tide or shore 
lands in front of such uplands, or littoral rights therein, such 
right to purchase herein given to the upland owner shall be con- 
strued to belong to such purchaser, or to any person, association 



STATE LAND LAWS 87 

IMPROVER'S RIGHT. SEC. 92 

or corporation claiming by, through or under such purchaser, 
to the extent of the tract or right so conveyed. (Laws '97, p. 
252, sec. 46; sec. 6754 Rem.-Bal. ; 477 sec. 141 Pierce.) 

Former Laws: Laws '89-'90, p. 435, sec. 12; Laws '95, p. 552, sec. 59. 

Cited : 21 Wash. 493 ; 54 Wash. 601 ; 58 Wash. 94 ; 60 Wash. 502 ; 65 
Wash. 219. 

When the upland owner conveys the upland, together with all the appur- 
tenances, etc., thereunto belonging, he thereby conveys whatever prior right he 
might have had to purchase the tide lands, and a subsequent sale of the land 
to another conveys no right to the purchaser over the prior grantee : Seattle & 
Montana Ry. Co. v. Carraher, 21 Wash. 491. 

The preference right to purchase is severed, and passes to the purchaser of 
shore land lots which have been included in a plat of the uplands and sold 
before the adjoining uplands : Shorett v. Signor, 58 Wash. 89. But not if sold 
after such uplands : Seattle & M. R. Co. v. Carraher, 21 Wash. 491. 

A contract for the sale of uplands and the deposit of a deed in escrow 
do not constitute an assignment of the preference right of the owner of the 
legal title to purchase the abutting tide lands : Booh v. Thomas, 61 Wash. 607. 

A claim of preference right is property which is capable of assignment and 
descent : Hotchkin v. Bussell, 46 Wash. 7. 

Conveyances between spouses sustained : Shorett v. Signor, 58 Wash. 89. 

See note to preceding section, "Persons Entitled." 

SEC. 92. PREFERENCE RIGHT TO I MPROVERS APPLICATION. 
If valuable improvements and in actual use prior to March 26, 
1890, for commerce, trade, residence or business have been made 
upon said tide or shore lands by any person, association or 
corporation, the owners of such improvements shall have the ex- 
clusive right to apply for the purchase of the land so approved 
[improved] for the period aforesaid. (Laws '97, p. 250, sec. 
45 ; sec. 6750 Rem.-Bal. ; 477 sec. 139 Pierce.) 

Former Laws: Laws '89-'90, p. 435, sec. 11; Laws '95, p. 552, sees. 
58, 61, 62. 

NOTE: See note to sec. 90, supra, to which section this is a proviso. 
Except as an aid to construction, the following additional proviso is 
considered obsolete: Provided, That the owners of such improvements 
shall have the right in all cases to purchase, in addition to the tide 
lands covered by such improvements, unoccupied and unimproved tide 
lands adjoining such improvements sufficient for the necessary and 
convenient use and enjoyment of such improvements, and the right of 
the owner of such improvements to purchase such adjoining, un- 
occupied and unimproved tide lands as may be requisite and necessary 
for the proper and convenient use of such improvements and business 
shall be prior and superior to that of the upland owner or others 
claiming under, by or through such upland owner, except in cases 
where, prior to the passage of this act, a contract for the sale of such 
unimproved tide land has been actually made by the State Land Com- 



88 STATE LAND LAWS 

SEC. 92 IMPROVER'S RIGHT. 

missioner with such upland owner. The owner of such improvements 
shall make application to the State Land Commissioner for leave to 
purchase such additional and adjoining tide lands, and set forth in his 
application the business, purpose and use for which said additional 
land is wanted, and which said land shall be fully described by metes 
and bounds, and an accurate plat of the same shall be attached to the 
application; and shall also show the land as surveyed and platted by 
the state with reference to the plat on file in the county where the 
tide land is situated. The Commissioner of Public Lands shall advertise 
such application as required for applications to purchase tide lands of 
the second class in this act, and after hearing the case of the applicant, 
the Harbor Line Commission shall determine the applicant's rights, but 
in no case shall such applicant be allowed more land than is necessary 
for the convenient and proper use of his improvements and business. 
All applications of such improvers for such additional tide land shall be 
filed with the Commissioner of Public Lands on or before ninety days 
from the passage of this act. 

Tide land improvements to be separately appraised: sec. 320, post. 

License to erect wharves: sec. 236, post. 

Cited: 17 Wash. 655; 19 Wash. 302; 21 Wash. 493; 49 Wash. 336; 54 
Wash. 601 ; 60 Wash. 33-502 ; 65 Wash. 216-221. 

See 2 Remington's Digest, pp. 2124-2127, sees. 21-32 ; id., pp. 2407-2409, 
sees. 96-100 ; ibid., Vol. 4, pp. 781-783, sees. 21-30 ; id., pp. 873-874, sees. 96-99. 

CONSTRUCTION GENERALLY : 

See notes to sec. 90, ante. 

This section is not affected by sec. 155 et seq., post, relating to the leasing 
of tide lands in port districts: Opinion Att'y Gen'l, Sept. 30, '13. 

The special deposit required by sec. 68, ante, is not required with preference 
right applications under this section : Opinion Att'y Gen'l, April 25, '13. 

The erection of improvements was a trespass upon lands held in trust for 
the future state, which the state could have treated as such ; and statutes rec- 
ognizing the equities of improvers and giving a preference right of purchase are 
mere acts of grace, vesting no estate in the land itself : Sullivan v. Callvert, 
27 Wash. 600. 

Since the early statutes gave improvers of tide and shore lands a preference 
right to purchase when the same should be put upon the market, such occupancy 
was permissive only, and adverse possession did not run against the title as- 
serted by the constitution : Brace & Hergert Mill Co. v. State, 49 Wash. 326. 

Statutes allowing a preference right of purchase are a concession by the 
state which must be strictly construed : Globe Mill Co. v. Bellingham Bay Impt. 
Co., 10 Wash. 458. 

Laws '89-'90, p. 435, sec. 11, granting preference rights, did not bind the 
state to offer for sale all portions of the tide lands upon which improvements 
had theretofore been made : State ex rel. Bartlett v. Forrest, 12 Wash. 483. 

The right of a city to extend its streets over tide lands is superior to the 
improver's right to purchase : Globe Mill Co. v. Bellingham Bay Impt. Co. t 10 
Wash. 458; Columbia etc. R. Co. v. Seattle, 6 Wash. 332. 

The sixty days for filing applications begins to run from the date of the 
filing of the final appraisal : HcKenzie v. Woodin, 9 Wash. 414. 

NATURE OP IMPROVEMENTS: 

A tenant of tide lands, holding under lease from the owner of abutting up- 
land, could not, in the absence of fraud, acquire a prior right of purchase, as 



STATE LAND LAWS 89 

CONFLICTING APPLICATIONS. SEC. 93 

against his landlord, by making improvements thereon prior to March 26, 1890, 
even though the landlord had never been in actual possession of the tide land, 
if the lessee had no other claim of title than his possession under the lease : 
Tullis v. Tacoma Land Co., 19 Wash. 140. 

The use by a mill company of contiguous tide land for storing lumber, etc., 
does not constitute the lessee of the company an improver : McKenzie v. Woo- 
din, 9 Wash. 414. 

A row of piles driven from a mill to deep water, for use in booming logs, does 
not constitute such an improvement as to give a right of purchase : Globe Mill 
Co. v. Bellingham Bay Impt. Co., 10 Wash. 458. 

And the fact that certain tide lands afford a passage for logs from deep 
water to applicant's mill, and are thus convenient to the operation of the mill, 
gives no right of purchase : id. 

The construction of two or three small buildings on tide lands, and their 
use as temporary residences and for the storing of small quantities of goods, 
does not constitute such improvement for "commerce, trade or business" as con- 
templated by the statute : Barlow v. Gamicell, 12 Wash. 651. 

An office building, erected by one man in two or three days, and a small open 
coke-shed are not such improvements as are contemplated by this section ; espe- 
cially if they were built after the adoption of the constitution, asserting the 
state's title to shore lands : Pac. Iron Wks. v. Bryant etc. Co., 60 Wash. 502. 

Only such tide lands as were actually improved for the purposes mentioned 
prior to the approval of the act of March 26, 1890, are subject to the right of 
purchase : Globe Mill Co. v. Bellingham Bay Impt. Co., 10 Wash. 458. 

SEC. 93. CONFLICTING APPLICATIONS HEARING. 

If at the expiration of sixty days from and after the filing 
of final appraisal with the Commissioner of Public Lands there 
being no conflicting applications filed the applicant shall be 
deemed to have the right of purchase. If at the expiration of 
said sixty days two or more applications shall have been filed 
for any tract, conflicting with each other, the Harbor Line Com- 
mission [Board of State Land Commissioners] shall forthwith 
order a hearing to determine the rights of the parties applying 
for said tract. They shall require each applicant, within a 
time stated, to submit under oath a full statement of the facts 
whereby he claims a preference right of purchase, and such 
statement shall be the only pleading required and will be 
deemed denied by all other applicants. In case any applicant 
shall fail within the time limited to file such statement he shall, 
unless good excuse be shown therefor, be deemed to have waived 
his right of purchase of the tract under his application. At 
the hearing which may be upon oral or written testimony, the 
board shall determine who has the first right of purchase to the 
whole or any portion of the lot or tract involved, and such 
award shall be certified to the Commissioner of Public Lands, 



90 STATE LAND LAWS 

SEC. 94 PAYMENT. 

who shall, unless an appeal be taken from the appraisal or find- 
ing to the superior court, proceed to sell and dispose of said 
lands in accordance with such finding. (Laws '97, p. 250, sec. 
45 ; sec. 6750 Rem.-Bal. ; 477 sec. 139 Pierce.) 

Former Laws: Laws '89-'90, pp. 433-f., sees. 8-11; Laws '91, p. 403, 
sec. 1; Laws '95, p. 552, sees. 58, 61-2. 

Remedy and practice on appeal: sec. 22 et seq., ante, and notes. 

Limitation of appeals: sec. 29 et seq., ante. 

Cited : 17 Wash. 655 ; 19 Wash. 302 ; 21 Wash. 493 ; 49 Wash. 336. 

See 2 Remington's Digest, p. 2411, sec. 106. 

Upon denial of the application, the remedy is by appeal from the order of 
rejection, and not by injunction against the sale of the lands : Kinnear v. 
Ross, 74 Wash. 371. 

Until the award was finally certified to the Commissioner, the Board re- 
tained jurisdiction and might review its order : Kinnear v. Ross, 74 Wash. 
371. 

Mandamus will not issue to compel the sale of tidelands to one who has 
been adjudged upon appeal to have the preference right to purchase, when 
there is pending before the court an undetermined motion to vacate the judg- 
ment upon which the application for the writ is based : State ex rel. Kin- 
near v. Bridges, 21 Wash. 591. 

SEC. 94. PAYMENT, WHEN TO BE MADE. 

Within twenty days after the expiration of the sixty days 
limited in which to file applications for the purchase of tide 
and shore lands the applicant shall pay to the Commissioner of 
Public Lands one-tenth of the purchase price thereof, and 
thereupon the purchaser shall enter into a contract with the 
state as provided for the sale of school, granted and other lands 
of this act: Provided further, That where an appeal is taken 
the purchaser shall in all cases have twenty days from the day on 
which the final judgment of the superior court is certified to and 
filed with the Commissioner of Public Lands in which to make 
said payment and enter into said contract: And provided 
further, That in case different persons make application to pur- 
chase a lot, tract or piece of tide or shore land within sixty days 
and no appeal is taken from the determination of the Commis- 
sion [Board] as to which person has the first right to purchase, 
then the findings of the Commission shall be final and the 
successful applicant shall have thirty days from the time when 
served with notice of such finding, which notice shall be served by 
mailing a registered letter addressed to the party at his address, 



STATE LAND LAWS 91 

PUBLIC SALE. SECS. 95-96 

which shall be stated in the application to purchase. (Laws '97, 
p. 253, sec. 51 ; amended Laws '99, p. 132, sec. 1 ; sec. 6763 
Rem.-BaL; 477 sec. 157 Pierce.) 

Former Laws: Laws '95, p. 561, sec. 81. 

Contract of sale: sec. 106, post. 

Time for appeal: sec. 23, ante. 

Sold subject to lien for cost of filling: sec. 286, post. 

Cited in 19 Wash. 48; 27 Wash. 607; 49 Wash. 133; 64 Wash. 166. 

Where for more" than ten years after their right matured the applicant 
failed to tender the purchase price or demand a deed, his laches bar him 
from asserting the right to purchase : Kinnear v. Ross, 74 Wash. 391. 

SEC. 95. SALE OF LANDS OF FIRST CLASS AT AUCTION. 

Any tide or shore lands of the first class remaining unsold, 
and where there be no pending application for the purchase of 
same, shall be sold on the same terms and in the same manner as 
provided for the sale of school and granted lands : Provided, 
That none of such lands shall be sold for less than the appraised 
value heretofore fixed, or that may hereafter be fixed on said 
lands ; but when it is deemed advisable and for the best interests 
of the state, such lands may be reappraised in the same manner 
as provided for the appraisement and sale of school and granted 
lands. (Laws '97, p. 252, sec. 47; sec. 6755 Rem.-Bal. ; 477 
sec. 143 Pierce.) 

Former Laws: Laws '89-'90, pp. 435-6, sees. 13-14; Laws '95, p. 
553, sec. 60. 

Sale of lands upon dismissal of appeal: sec. 31, ante. 

Appraisement and sale of granted lands: sec. 68 et seq., ante. 

Preference right of certificate holder in case lands have been filled: 
sec. 290, post. 

Cited in 49 Wash. 133. 

This section is not affected by sec. 155 et seq., post, relating to the leasing 
of tide lands in port districts : Opinion Att'y Gen'l, Sept. 30, '13. 

SEC. 96. SALE OF SECOND CLASS TIDE LANDS. 

All tide and shore lands other than first class shall be offered 
for sale and sold in the same manner as school and granted 
lands, and shall be sold at not less than five dollars per lineal 
chain, measured on the United States meander line bounding the 
inner shore limit of such tide or shore lands, and each applicant 
shall furnish a copy of the United States field notes, certified to 
by the Surveyor General of the State of Washington, of said 



92 STATE LAND LAWS 

SEC. 97 SECOND CLASS LANDS. 

meander line, with his application, and shall pay one-tenth of the 
purchase price on the date of sale. (Laws '97, p. 252, sec. 48; 
amended Laws '99, p. 138, sec. 1 ; sec. 6761 Rem.-Bal. ; 477 
sec. 145 Pierce.) 

Former Laws: Laws '95, p. 555, sees. 65, 74. 

Preference right to purchase second class shore lands: sec. 98 
et seq., post, a later act. 

Sale of granted lands: sec. 68 et seq., ante. 

Contract of sale: sec. 106, post. 

Classification and definition of tide and shore lands: sees. 59 and 
87, ante. 

Possession withheld for removal of oysters: sec. 116, post. 

Cited in 27 Wash. 606-612. 

This act did not repeal special act relating to the sale of tide lands for 
oyster cultivation, sec. 118 et seq., post: State ex rel. Abbott v. Ross, 62 
Wash. 82. 

A purchaser of tide lands described as "lying in front of, adjacent to or 
abutting upon" a certain subdivision of upland according to government sur- 
vey does not thereby acquire title to any tide lands lying within the meas- 
ured calls of such subdivisions : Shelton Logging Co. v. Gosser, 26 Wash. 126. 

Under this section, an owner of improvements on tide lands is entitled 
to have such improvements appraised, as provided in sec. 77, supra, relating 
to the appraisement and sale of school lands : Sullivan v. Callvert, 27 Wash. 
600. 

And such lands should be offered for sale in tracts with reference to such 
improvements : idem. 

But unimproved tide lands are not required to be divided into quantities 
not exceeding 160 acres when offered for sale, as provided by sec. 69, 
supra : id. 

A sale of lands as tide lands of the second class must be considered as 
made after a finding by the proper officers as to the character of the land, 
and, in the absence of fraud, a deed will not be set aside upon a showing 
that the lands are in fact oyster lands or suitable for the cultivation of 
oysters : Welsh v. Callvert, 34 Wash. 250 ; State v. Heuston, 56 Wash. 268. 

SEC. 97. SAME SOLD AS OTHER LANDS. 

All tide and shore lands except as herein* expressly provided 
shall be sold upon the terms provided for the sale of school and 
granted lands. (Laws '97, p. 253, sec. 51 ; amended, Laws '99, 
p. 132, sec. 1 ; sec. 6763 Rem.-Bal. ; 477 sec. 157 Pierce.) 

Former Laws: Laws '95, p. 561, sec. 81. 

*Chap. 89, Laws '97, and acts amendatory. 

Classification and definition: sees. 87 and 59, ante. 

Terms of sale: sec. 83, ante. 

Cited: 27 Wash. 607; 49 Wash. 133; 64 Wash. 166. 



STATE LAND LAWS 93 

SHORE LANDS PREFERENCE. SECS. 98-100 

SEC. 98. SECOND CLASS SHORE LANDS PREFERENCE RIGHT 
TO PURCHASE. 

The owner or owners of any upland bordering upon shore 
lands of the second class, shall have a preference right for the 
period of time hereinafter named, to purchase from the State of 
Washington such shore lands at the appraised value when the 
same shall have been appraised as hereinafter provided, together 
with the costs of sale and costs of application by whomsoever 
made : Provided, however, That the provisions of this act* 
shall not apply to any shore lands set apart by legislative enact- 
ment, for a public road or boulevard, or for any public improve- 
ment or use. (Laws '01, p. 366, sec. 1; sec. 6756 Rem.-Bal. ; 
477 sec. 289 Pierce.) 

Former Laws: Laws '95, p. 559, sees. 73-80. 

*Secs. 98-102. 

Classification of shore lands: sec. 87, supra. 

Rights of upland owners, generally: see notes to sec. 90, supra. 

Applicant to furnish field notes: sec. 96, ante. 

Minimum value: sec. 96, ante. 

A sale to the upland owner under sees. 98-102 need not be advertised as 
required by sec.. 81, supra: Opinion Att'y Gen'l, '05-'06, p. 184. 

Statutes giving abutting owners the preference right to purchase shore 
lands confer a mere gratuity, not intended in lieu of riparian or littoral 
rights : Gifford v. Horton, 54 Wash. 595 ; Aberdeen v. Wiley, 60 Wash. 434 ; 
Chlopeck Fish Co. v. Seattle, 64 Wash. 315. 

SEC. 99. SAME LIMIT OF RIGHT. 

In all cases wherein application may be hereafter made such 
upland owner shall have thirty days from the time of making 
such application, if made by himself, or thirty days from the 
time of service upon him of notice of such application if made 
by another. (Laws '01, p. 366, sec. 2; sec. 6757 Rem.-Bal.; 
477 sec. 291 Pierce.) 

NOTE: Existing rights were preserved in this section as enacted. 

SEC. 100. SAME NOTICE TO UPLAND OWNER. 

Service upon the upland owner, as provided in section 99 shall 
be made by the Commissioner of Public Lands or by some citizen 
of the state by him appointed, by leaving with said upland owner 
the required notice, or if the upland owner be a non-resident of 
said state, by mailing to his last known postoffice address a copy 



94 STATE LAND LAWS 

SECS. 101-103 DETACHED LANDS. 

of the required notice. If he be a non-resident and his address 
unknown to the Land Commissioner, notice to him shall not be 
necessary or required. (Laws '01, p. 367, sec. 5 ; sec. 6760 
Rem.-Bal.; 477 sec. 297 Pierce.) 

SEC. 101. SALE OF SHORE LANDS WITHOUT APPLICATION. 

The Land Commission whenever they shall deem it for the best 
interests of the state, may place any of said shore lands on the 
market for sale, without application therefor being first made, 
and in such case such upland owners or owner shall have notice 
and preference right for a period of thirty days, as above set 
forth. (Laws '01, p. 366, sec. 3; sec. 6758 Rem.-Bal. ; 477 sec. 
293 Pierce.) 

Manner of sale: sec. 69 et seq., ante. 

SEC. 102. SHORE LANDS REAPPRAISEMENT PLATTING 
SALE. 

The Land Commission may have any part or all of the shore 
lands of the state reappraised, in the event that they shall deem 
the land to have been heretofore appraised of [at] more or less 
than its true value. They may also cause any of such shore 
lands to be platted, as is provided for the platting of shore lands 
of the first class, and when so platted such lands shall be dis- 
posed of as is provided by law for the sale and disposition of 
shore lands of the first class, except that the notice and prefer- 
ence right of purchase by the upland owner shall remain in force 
as provided in this act.* (Laws '01, p. 366, sec. 4; sec. 6759 
Rem.-Bal. ; 477 sec. 295 Pierce.) 

*Secs. 98-102. 

First Class lands; manner of sale: sees. 90-95, supra. 

Lands to be appraised within 90 days of sale: sec. 69, supra. 

Platting of first class shore lands: sec. 306 et seq., infra. 

SEC. 103. DETACHED TIDE AND SHORE LANDS SALE. 

Tide or shore lands of the second class which are separated 
from the upland by navigable waters, shall be sold at not less 
than five dollars per acre ; the applicant, at his own expense, shall 
survey and cause to be filed with his application a plat of the 
surveys of the land applied for. Such surveys shall be con- 



STATE LAND LAWS 95 

Low TIDE LANDS. SEC. 104 

nected with, and the plat shall show, two or more connections 
with the United States survey of the upland. The applicant 
shall also file the field notes of the survey of said land with his 
application. The Commissioner of Public Lands shall examine 
and attest said plat and field notes of survey, and if found in- 
correct or indefinite, he shall cause the same to be corrected or 
may reject the same and cause a new survey to be made. (Laws 
'97, p. 253, sec. 49 ; amended, Laws '07, p. 750, sec. 4 ; sec. 
6762 Rem.-Bal.; 477 sec. 147 Pierce.) 

Former Laws: Laws '95, p. 557, sees. 70, 83 %. 

Manner of sale; see: sec. 80 et seq., supra. 

Sale to be advertised: sec. 81, supra. 

Leasing detached lands: sec. 142, infra. 

Cited: 49 Wash. 133. 

The provisions of sec. 70, Laws 1895, p. 557, to the effect that tide lands not 
a portion of or adjacent to the shore shall be sold to the first applicant, after 
survey made by him, subject to the same conditions and limitations as provided 
for sale of tide lands of the second class, is limited to such lands as were not 
improved and in use for commerce, trade or business on and prior to March 26, 
1890: Oliver v. Dupee, 16 Wash. 634. 

An island formed by alluvion in navigable waters, subsequent to the gov- 
ernment survey, belongs to the state and is subject to sale as are other public 
lands : Opinions Attorney General, '05-'06, p. 386. 

One who purchases second class shore lands from the state acquires no 
title to an island which was omitted from the government survey and is con- 
nected with the upland by a strip of such shore lands bared during low water 
stages : Hauge v. Walton, 72 Wash. 554. 

Courts will not review the determination of the Commissioner that the plat 
of survey presented with an application to purchase tide lands is incorrect : 
State v. Forrest, 8 Wash. 610 ; same, 13 Wash. 268. 

SEC. 104. BETWEEN MEAN AND EXTREME LOW TIDES SALE 
OF. 

The prior and preference right to purchase all tide lands of 
the second class lying between the line of mean low tide and the 
line of extreme low tide in front of all tide lands of the second 
class heretofore sold or conveyed by the State of Washington 
is hereby granted for the period ending June 6, 1911, to the 
purchasers, their grantees or successors in interest of any tide 
lands of the second class heretofore sold or conveyed by the 
State of Washington. Such additional tide lands may be so 
purchased at the rate of one dollar per lineal chain measure- 
ment to be based on the United States government meander 
lines bordering on the United States tide lands heretofore sold. 



gg STATE LAND LAWS 

SEC. 105 ACCRETIONS. 

Upon application and payment for such additional tide lands 
within said ninety days to the Land Commissioner of the State 
of Washington, deed shall be issued to the respective purchaser 
or purchasers therefor. If such application and payment is not 
made before June 7, 1911, by the parties to whom the preference 
rights under this section are given then such additional tide 
land shall be sold as other tide lands are sold under the laws of 
the State of Washington. (Laws '11, p. 130, sec. 2; 3 Rem.- 
Bal., sec. 6641-1 ; 477 sec. 23 Pierce.) 

Sale of second class tide lands, generally: sec. 96, supra. 

Prior to the approval of the act of 1911 (Sec. 59, supra) a sale of second 
class tide lands conveyed nothing below the line of mean low tide : Pearl Oyster 
Co. v. Heuston, 57 Wash. 533. 

SEC. 105. ACCRETIONS SALE OF. 

Any accretions that may be added to any tract or tracts 
of tide or shore lands heretofore sold or that may hereafter be 
sold by the state shall belong to the state, and shall not be sold 
or offered for sale until the said accretions shall have been first 
surveyed and platted under the direction of the Commissioner 
of Public Lands, and the adjacent owner shall have the prefer- 
ence right to purchase said lands for thirty days after the same 
shall be offered for sale. (Laws '99, p. 132, sec. 1 ; sec. 6763 
Rem.-Bal. ; 477 sec. 157 Pierce.) 

Cited: 27 Wash. 607; 49 Wash. 133; 64 Wash. 166. 

An alluvial island formed in navigable waters subsequent to the government 
survey belongs to the state, and is subject to sale as are other public lands : 
Opinions Att'y Gen'l, '05-'06, p. 386. 

If navigable water encroach upon granted lands, the boundary shifts with 
the line of ordinary high water or tide, and the submerged lands become subject 
to sale as tide or shore lands, and not as granted lands : Opinions Att'y Gen'l, 
'05-'06, p. 140. 

The right of a riparian proprietor to future accretions to his land is not a 
vested right, as there can be no present vested right in something which may 
never have an existence : Elsenbach v. Hatfield, 2 Wash. 236. 



STATE LAND LAWS 97 

CONTRACT OF SALE. SEC. 106 

CHAPTER 10. 



CONVEYANCE OP STATE LANDS. 
SEC. 106. Contracts of Sale; Extension of Time. 
107. Same: Notice of Forfeiture. 

109. Same: Assignments to be Approved. 

110. Division of Contracts and Leases. 

111. Mistake or Fraud Avoids Sale. 

112. Deed to Issue. 

113. Form of Deed. 

Cross-References: CONVEYANCE OF OYSTER LANDS: sec. 114 
et seq., post; LEASES: sees. 128 to 200, post. 

SEC. 106. CONTRACTS OF SALE COVENANTS EXTENSION. 

The purchaser of land under the provisions of this act,* ex- 
cept in cases where this act* prescribes cash payment, shall enter 
into and sign a contract with the state, to be signed by the Com- 
missioner of Public Lands on behalf of the state, and in a form 
to be prescribed by the Attorney General, in which he shall 
covenant that he will make the payment of principal and interest 
when due: Provided, All interest shall be computed from date 
contract is issued, and that he will pay all taxes and assessments 
that may be levied or assessed on such land, and that on a failure 
to make the payments prescribed in this act when due, and for 
six months thereafter, that he will, on demand of said board or 
other authorized officer of the state, surrender the said premises, 
and upon such failure for six months all rights of the pur- 
chaser under the said contract may, at the election of said Board 
of State Land Commissioners, acting for the state, and without 
notice to said purchaser, be declared to be forfeited, and when 
so declared forfeited the state shall be released from all obliga- 
tion to convey the land. The contract provided for by this 
section shall be executed in duplicate, and one copy shall be 
retained by the purchaser and the other shall be filed in the 
office of the Commissioner of Public Lands. All contracts pro- 
vided for in this section shall be signed by the purchaser and 
also by the Commissioner of Public Lands on the part of the 

4 



98 STATE LAND LAWS 

SEC. 107 FORFEITURE OF CONTRACT. 

state, with the seal of the state attached thereto. The Com- 
missioner of Public Lands may, as he deems advisable, extend the 
time for payment of principal and interest on the contract here- 
tofore issued and contracts to be issued under this act.* (Laws 
'97, p. 241, sec. 17; sec. 6676 Rem.-Bal. ; 477 sec. 69 Pierce.) 

Former Laws: Laws '89-'90, p. 445, sec. 15; Laws '93, p. 399, sec. 22; 
Laws '95, p. 542, sec. 30. 

*Chap. 89, Laws '97, and acts amendatory. 

Taxation of lands under contract: sec. 326, post. 

Privilege of contract holder to cut timber: sec. 262, post. 

Notice and forfeiture: sec. 107, post. 

Cited: 18 Wash. 499; 19 Wash. 433; 20 Wash. 152. 

See 2 Remington's Digest, pp. 2411-2414, sees. 109-121 ; vol. 4, p. 875, sees. 
110-118. 

The state is not a necessary party defendant in an action to condemn the 
interest of a contract holder in state lands : State ex rel. Trimble v. Superior 
Court, 31 Wash. 445. 

This section applies to contract for tide lands : State ex rel. Bellingham etc. 
v. Bridges, 19 Wash. 431. 

Interest runs from date of issuance of contract and not from date of sale : 
Opinions Att'y Gen'l, March 17, '13. 

SEC. 107. NOTICE OF FORFEITURE. 

The Commissioner of Public Lands shall notify the purchaser 
of the land in each instance when payment on his contract is 
over due, and that he is liable to forfeiture if payment is not 
made within six months from the time the same became due, 
unless the time be extended by the Commissioner on a satis- 
factory showing as above provided. (Laws '97, p. 242, sec. 18; 
sec. 6677 Rem.-Bal.; 477 sec. 71 Pierce.) 

Former Laws: Laws '95, p. 543, sec. 31. 

NOTE: Sec. 27 of the same act (Laws '97, p. 244; sec. 6678 Rem.-Bal.; 
477 sec. 91 Pierce) is considered as referring only to contracts de- 
linquent at the time of the passage of the act. Such section follows: 

All contracts issued by the State of Washington to the purchasers 
of school or other lands which are found to be delinquent in payment 
of interest two years from time of first payment, and which have not 
been extended by law, shall be declared forfeited by the Commissioner 
of Public Lands unless such delinquent interest shall be paid to the 
state in accordance with notice hereinafter provided; that the Com- 
missioner of Public Lands shall notify the holder of such contract 
in each instance where payment of interest is overdue, and that unless 
payment is made within six months from the date of said notice, his 
contract will be cancelled and the land shall revert to the state. 



STATE LAND LAWS 99 

ASSIGNMENT OF CONTRACT. SEC. 109 

Time of payment on contracts under former laws extended to July 
1, '09: Laws '97, p. 244, sec. 28; Laws '03, p. 116, sec. 6. On contracts 
under acts of 1890 and 1893: Laws '95, p. 54. 

Forfeiture of lease: sec. 135, post. 

Preference right to lease on forfeiture of contracts: sec. 137, post. 

Cited : 30 Wash. 272 ; 33 Wash. 385 ; 35 Wash. 630. 

It is not necessary that the board should formally declare a contract can- 
celled after a holder has been in default more than six months and notice 
has been given and the contract stamped "cancelled" : Frazier v. Wilson, 35 
Wash. 625. 

Service of notice of delinquency of a lease may be made by mail ; but if it 
fails to reach the lessee and is returned unopened, the commissioner has no au- 
thority to cancel ; and if the lessee pay the rental within the required time after 
actual notice, he is entitled to reinstatement : State ex rel. Smith v. Ross, 42 
Wash. 439, 

SEC. 109. RIGHTS OF ASSIGNEE APPROVAL OF ASSIGNMENT. 

Each assignee of a bona -fide purchaser or lessee of any of the 
state school and granted lands is subject to and governed by the 
provisions of the law applicable to the purchaser or the lessee of 
whom he is the assignee, and he shall have the same rights in all 
respects as the original purchaser or lessee of the same class of 
lands: Provided, The assignment is approved and entered of 
record by the Commissioner of Public Lands. (Laws '03, p. 
116, sec. 8; sec. 6692 Rem.-Bal. ; 477 sec. 103 Pierce.) 

Subrogation by foreclosure local improvement tax lien: sec. 341, 
post. 

Fee for approval: sec. 32, ante. 

The approval of an assignment of an undivided interest in a contract of sale 
does not create a separate estate in the lands, and neither the original pur- 
chaser nor the assignee of such interest is entitled to a deed until full per- 
formance of the contract : Opinions Att'y Gen'l, March 28, 1913. 

Neither by direct lease nor assignment may one person or corporation ac- 
quire a leasehold in an area of granted lands, except Capitol Building lands, 
greater than one section, under the Enabling Act, (sec. 585, post) and sec. 1, 
Art. XVI, Const., ante: Opinion Att'y Gen'l, February 15, '13. 

After assignments of a state land contract have been approved by the com- 
missioner and a deed issued, the same cannot be collaterally attacked for de- 
fects in the assignments : Price v. Loe, 56 Wash. 253. 

County treasurer's deed of state lands held under contract and sold upon 
foreclosure of certificate of tax delinquency will be treated as an assignment of 
the contract : Opinions Att'y Gen'l, '01-'02, pp. 268-333. 

Under a statute providing that "any interest in land" shall be sold under 
execution as real property, a sale of a leasehold under the notice provided for 
sales of personalty is void : Reilley v. Anderson, 33 Wash. 58. 

But ordinarily a leasehold in state lands is a chattel interest only : Tibbals 
v. Iffland, 10 Wash. 451. 



100 STATE LAND LAWS 

SECS. 110-111 DIVISION MISTAKE. 

SEC. 110. DIVISION OF CONTRACTS AND LEASES. 

Whenever the holder of any contract of purchase or [lease of] 
any state or school land shall surrender the same to the Commis- 
sioner of Public Lands with the request to have the same divided 
into two or more tracts, it shall be lawful for the Commissioner 
to issue the same provided the proposed subdivision shall not be 
less than the regular government or public subdivisions, and 
provided that no new contract or lease shall issue while there is 
due and unpaid any interest, rental or taxes on the land held 
under said contract or lease, nor in any case where the Commis- 
sioner shall be of the opinion that the state security would be 
impaired or endangered by the proposed division; and for all 
new contracts or leases a fee of $ for each new contract or lease 
so issued shall be paid by the applicant, and said fee shall be 
paid into the state treasury with the other fees of the office. 
(Laws '03, p. 114, sec. 3; sec. 6680 Rem.-Bal. ; 477 sec. 73 

Pierce.) 

Schedule of fees: sec. 32, supra. 

Contracts of sale, how taxed: sec. 326, infra. 

Leaseholds, how taxed: sec. 327, infra. 

Cited : 44 Wash. 248 ; 66 Wash. 130. 

As to leases of tide lands within port districts, application for division 
should be made to port commissioners and not to Commissioner of Public Lands: 
Opinion Att'y Gen'l, Sept. 30, '13. 

SEC. 111. MISTAKE OR FRAUD CONTRACT OR LEASE VOID. 

Any sale or lease of state lands made by mistake, or not in 
accordance with law, or obtained by fraud or misrepresentation 
shall be void, and the contract of purchase or lease issued thereon 
shall be of no effect, but the holder of such contract or lease 
shall be required to surrender the same to the Commissioner of 
Public Lands, who shall, except in the case of fraud on the part 
of the purchaser, cause the money to be refunded to the holder 
thereof, provided the same has not been [paid] into the state 
treasury. (Laws '03, p. 114, sec. 3; sec. 6680 Rem.-Bal.; 477 
sec. 73 Pierce.) 

Commissioner or board may review official acts: sec. 19, supra, 
and notes. 

Cited : 44 Wash. 248 ; 66 Wash. 130. 

Evidence of fraud in bidding held sufficient to warrant disapproval of sale and 
cancellation of deed : State ex rel. Shores v. Ross, 47 Wash. 210. 



STATE LAND LAWS 101 

DEEDS. SECS. 112-113 

In the absence of fraud, a deed will not be set aside merely for the mis- 
take or failure of the board to find that the land bore more than the prohibi- 
tive amount of timber : Stale v. Ort, 66 Wash. 130. 

As to sales made by mistake or not in accordance with the law, this pro- 
vision applies only to executory contracts, and not to sales completely ex- 
ecuted by the full payment of purchase price and delivery of deed : State v. 
Ort, 66 Wash. 130. 

SEC. 112. DEED UPON FULL PAYMENT. 

When the payments provided for in this act* for land, stone, 
minerals or timber shall have been made in full, the Commissioner 
of Public Lands shall procure the proper deed of conveyance to 
be made to the purchaser, but in no case shall final deed of 
conveyance be issued until after all of the purchaser's price and 
accrued interest has been paid. (Laws '97, p. 241, sec. 17; 
sec. 6676 Rem.-Bal.; 477 sec. 69 Pierce.) 

Former Laws: Laws '89-'90, p. 445, sec. 15; Laws '93, p. 399, sec. 
22; Laws '95, p. 542, sec. 30. 

*Chap. 89, Laws '97, and acts amendatory. 

Taxes to be paid before issuance of deed: sec. 326, post, and sec. 106, 
ante. 

Cited: 18 Wash. 499; 19 Wash. 433; 20 Wash. 152. 

See 2 Remington's Digest, p. 2412, sec. Ill ; Vol. 4, p. 875, sees. 110-118. 

SEC. 113. FORM OF DEED. 

When the entire purchase price of any land shall have been 
fully paid, such fact shall be certified by the Commissioner of 
Public Lands to the Governor, whereupon he shall cause a patent 
to be issued to the purchaser. Patents shall be signed by the 
Governor and attested by the Secretary of State, with the seal 
of the state attached thereto, and shall be recorded in the office 
of the Commissioner of Public Lands, and no fee shall be required 
for any deed or patent of land issued by the Governor, other 
than the fee provided for in section 32 of this code. (Laws '97. 
p. 240, sec. 16; amended, Laws '07, p. 749, sec. 3; sec. 6675 
Rem.-Bal.; 477 sec. 67 Pierce.) 

Former Laws: Laws '89-'90, p. 445, sec. 14; Laws '93, p. 397, sec. 
21; Laws '95, p. 541, sec. 29. 

Taxes to be paid before issuance of deed: sec. 326, post. 

Deeds may be recalled for the purpose of correcting mistakes, etc.: 
sec. 19, ante, and notes. 

Cited: 20 Wash. 152. 

Deed to bear date of execution, rather than date of sale : Opinions Att'y 
Gen'l, Jan. 28, '13. 



STATE LAND LAWS 
SEC. 114 PLANTED OYSTER LANDS. 

After assignments of a contract have been approved by the commissioner 
and a deed issued, the same cannot be collaterally attacked for defects in the 
assignments : Price v. Loe, 56 Wash. 253. 

A deed executed by the governor but not delivered is still within the custody 
of the commissioner and may be canceled for fraud : State ex rel. Shores v. 
Ross, 44 Wash. 246. 

A state deed is admissible in evidence without proof of compliance with the 
statutes pursuant to which it was issued : Welsh v. Callvert, 34 Wash. 250 ; 
Palmer v. Peterson, 56 Wash. 74. 

A taxpayer having no special interest in the property, cannot maintain an 
action to set aside a deed of state lands : Powers v. Webster, 47 Wash. 99. 

In the absence of fraud, a deed of state lands will not be set aside for mere 
irregularities attending the sale, nor the erroneous decision of a fact or construc- 
tion of law by the officers having jurisdiction to make the sale : State v. 
Hewitt Land Co., 74 Wash. 573 ; State v. Heuston, 56 Wash. 268 ; State v. Ort f 
66 Wash. 130. 



CHAPTER 11. 



SALE OF LANDS FOR OYSTER CULTIVATION. 
SEC. 114. Cultivated Beds; Planter's Rights. 

115. Conditions, Reservations and Reversion. 

116. Removal of Oysters from Lands Sold. 

117. Same. 

118. Cultivated Beds; Planter's Rights. 

119. Oyster Planting; Sale of Lands for. 

120. Same; Survey and Description. 

121. Same; Survey, Price and Payment. 

122. Same; Application; Protest. 

123. Same; Citizens Only to Purchase. 

124. Same; Forfeiture and Abandonment. 
Cross-References: CONVEYANCES GENERALLY: sec. 106 et seq., 

wnte; LEASE OF OYSTER LANDS: sec. 170 et seq., post; OYSTER 
RESERVES: sec. 355 et seq., post. 

SEC. 114. PLANTERS' RIGHT TO PURCHASE. 

All persons having the qualifications provided by law to 
enable them to purchase tide lands within the State of Washing- 
ton, and who, prior to March 26, 1890, in good faith entered 
upon tide lands not in front of any incorporated city or town, 
nor within two miles thereof on either side, and planted and 
cultivated thereon artificial oyster beds, and who continued to 
occupy and work on the same continuously and in good faith to 
March 26, 1890, and ever since said date, and who are now in 
possession of and working said oyster beds in good faith, shall 
be permitted to purchase the same for the purpose of cultivating 



STATE LAND LAWS 103 

PLANTED OYSTER LANDS. SEC. 115 

oysters thereon, and for no other purpose, whether said tracts 
were originally covered by alleged natural oyster beds or not ; 
and where, notwithstanding such prior occupancy and cultiva- 
tion, any such tract or tracts so occupied prior to March 26, 
1890, shall since such date have been reserved from sale or lease 
as natural oyster beds, the person or persons, or their assigns, 
who planted, occupied and cultivated such artificial beds may, 
by complying with the provisions of law touching the sale of 
artificial oyster beds and paying the value thereof fixed by the 
State of Washington, be entitled to receive a deed, subject to all 
the provisions of this act,* to such tract or tracts not exceeding 
in area of forty acres to any one person, as they so in good faith 
improved as such artificial oyster beds prior to March 26, 1890. 
(Laws '95, p. 39, sec. 1; sec. 6806 Rem.-Bal. ; 373 sec. 39 

Pierce.) 

Former Laws: Laws '89-'90, p. 435, sec. 11. 

* Sees. 114-115, being the so-called "Callow Act." 

Similar provision for sale: sec. 118, post. 

Right to oyster beds by discovery: sec. 369, post. 

Reservation of natural oyster beds: sec. 359, post. 

Cited: 63 Wash. 364. 

Whether any title is acquired in lands sold for oyster culture and lying be- 
low the lower boundary of second class tide lands, sold as such, is a question 
which cannot be raised by the owner of the tide lands : Pearl Oyster Co. v. 
Heuston, 57 Wash. 533. 

SEC. 115. LIMITATIONS IN DEED REVERSION. 

It shall be expressly provided in the deed of conveyance of 
any such oyster bed and the tide land covered thereby, that 
said land, at the time of conveyance, is not in front of any incor- 
porated city or town, nor within two miles thereof on either side, 
and that the said land is not now used for purposes of trade or 
commerce ; that if at any time after the granting of said deed the 
land described therein shall cease to be used for the purposes of 
an artificial oyster bed, it shall thereupon revert to, and become 
the property of the State of Washington, and that the same is 
conveyed to the grantee only for the purposes of cultivating 
oysters thereon, and the State of Washington hereby reserves the 
right to enter upon and take the possession of said tract or 
tracts if at any time the same is used for any other purpose than 



104 STATE LAND LAWS 

SEC. 116 PLANTED OYSTEB LANDS. 

the cultivation of oysters ; and the State of Washington reserves 
the further right to enter upon and take possession of any tide 
lands sold under the provisions of section 114, at any time it 
desires, upon paying to the then owner or occupant the original 
purchase price of the land together with the value of the im- 
provements erected thereon, the then value of his artificial oyster 
beds and improvements erected thereon in connection with the 
carrying on of the raising and propagation of oysters by 
artificial cultivation. (Laws '95, p. 40, sec. 2; sec. 6807 Rem.- 
Bal.; 373 sec. 41 Pierce.) 

General limitations: sees. 85-86. 

Cited : 63 Wash. 364. 

A sale of lands as tide lands of the second class, without the exception 
of lands theretofore deeded under the provisions of this and the preceding sec- 
tion did not convey the fee to the oyster lands nor the state's right of reversion, 
at least prior to the amendment of sec. 59, supra, by act of 1911 : Scott v. 
Olympia Oyster Co., 63 Wash. 364. 

SEC. 116. REMOVAL OF OYSTERS FROM LANDS SOLD. 

Any person who has prior to the twenty-sixth day of March, 
Anno Domini eighteen hundred and ninety, planted oyster beds 
upon any of the tide or shore lands of this state, shall be granted 
a period of not less than six months and not more than three 
years after said land has been sold by the state, to remove the 
same; the time to be determined by the Commissioner of Public 
Lands. And any person shall have the exclusive possession of 
said tide or shore lands during the time that he has to remove the 
said oysters under the provisions of this act : Provided, That in 
case any planter of oysters shall fail within the time allotted to 
remove the said oysters, he shall be deemed to forfeit the same to 
the purchaser or owner of said lands : Provided, That this shall 
not apply to tide lands within two miles of an incorporated city. 
(Laws '91, p. 208, sec. 1 ; sec. 5256 Rem.-Bal. ; 373 sec. 65 
Pierce.) 
Sale of second class tide lands: sec. 96, ante. 

The fact that plaintiffs had planted and cultivated oysters upon tide lands 
for a number of years under implied license would give them no right to re- 
strain defendant from going into possession under a deed from the state, when 
such cultivation and occupation had been abandoned at the time of the sale 
to defendant: Riddell v. Brown, 25 Wash. 514. 



STATE LAND LAWS 105 

LANDS FOB OYSTER PLANTING. SECS. 117-119 

SEC. 117. WORD "PERSON" CONSTRUED. 

Whenever the word "person" is used in section 116, it shall be 
deemed to mean person, persons, firm or corporation. (Laws 
'91, p. 208, sec. 2; sec. 5257 Rem.-Bal; 373 sec. 67 Pierce.) 

SEC. 118. OCCUPANTS OF OYSTER LANDS MAY PURCHASE. 

It shall be lawful for any person who is entitled to purchase 
tide lands pursuant to the act of March 26, 1890,* as being an 
occupant of land planted with oysters, to survey or cause to be 
surveyed at his own expense, the land that pursuant to said act 
he is entitled to purchase, not exceeding one hundred acres in 
area : Provided, That the party making application to purchase 
under the provisions of this actf shall accompany such applica- 
tion with a certificate under oath to the effect that lands pur- 
chased under the provisions of this actf shall be used for oyster 
planting purposes only. (Laws '95, p. 36, sec. 1 ; sec. 6799 
Rem.-Bal. ; 373 sec. 43 Pierce.) 

* Laws '89-'90, p. 435. 

t Sees. 118-124, commonly called the "Bush Act." 
NOTE: Sec. 4 of this act gave occupants a preference right to pur- 
chase, which expired Sept. 2, 1895. 

Compare sec. 114, supra, a similar provision. 

This act (sees. 118-124) was not repealed by the later general acts pro- 
viding for the sale of tide lands : State ex rel. A&6o v. Ross, 62 Wash. 82. 

An applicant for the purchase of tide lands cultivated as an artificial oyster 
bed prior to the act of 1890, giving preference right to purchase, must satisfy 
the Commissioner that such land was not a natural oyster bed at the time of 
his entry thereon : State ex rel. Smith v. Forrest, 8 Wash. 610. 

The fact that plaintiffs had planted and cultivated oysters upon public lands 
for a number of years under an implied license, would give them no right to re- 
strain defendant from going into possession of such oyster bed under deed from 
the state, when plaintiffs' possession and occupation had been abandoned at the 
time of the sale by the state to the defendant : Riddell v. Brown, 25 Wash. 514. 

SEC. 119. LANDS FOR OYSTER PLANTING. 

Any person desiring to purchase tide lands for the purposes 
of oyster planting may purchase tide lands of the third [second] 
class not included in any natural oyster beds or any reserve [,] 
pursuant to the provisions of this act.* (Laws '95, p. 38, sec. 
7; sec. 6803 Rem.-Bal.; 373 sec. 55 Pierce.) 

* Sees. 118-124. 

Parts of this section omitted as obsolete. 
Citizens only may purchase: sec. 123, post. 



106 STATE LAND LAWS 

SECS. 120-121 OYSTER LANDS, SURVEY. 

SEC. 120. SURVEY AND DESCRIPTION. 

The survey and description in duplicate of such tract shall 
be subject to the direction, oversight and approval of the Board 
of State Land Commissioners, and one description of said tract 
as surveyed shall be filed with and be recorded by the county 
auditor of the county in which said tide lands are situated, in a 
book kept by him for such especial purpose, and a duplicate de- 
scription in the office of the Commissioner of Public Lands. 
(Laws '95, p. 36, sec. 2; sec. 6799 Rem.-Bal. ; 373 sec. 45 
Pierce.) 

SEC. 121. SURVEY, PRICE AND PAYMENTS. 

The survey of such lands, as provided in the foregoing sec- 
tions of this act,* may not be required to follow the lines of 
United States government survey, but may follow the direction 
of the oyster beds actually occupied by the party proposing to 
purchase the same ; the persons entitled to purchase such oyster 
beds under the provisions of this act* may purchase the same at 
the rate of one dollar and twenty-five cents per acre, one-fourth 
of which price shall be paid at time of making such purchase, 
and the remaining three-fourths in three equal annual payments, 
each of which sums shall draw interest at the rate of eight per 
cent, per annum, the unpaid portion remaining as a lien upon 
said land until all payments shall be made in full, and the pur- 
chaser shall thereupon be entitled to a deed to the same; said 
deed shall be executed by the Governor, attested by the Secre- 
tary of State with the seal of the state thereto attached, which 
deed shall contain the conditions of defeasance in this act* pro- 
vided. (Laws '95, p. 36, sec. 3; sec. 6800 Rem.-Bal.; 373 sec. 
47 Pierce.) 

* Sees. 118-124. 

Deeds, issuance generally: sees. 104-105, ante. 

Taxes to be paid before issuance of deed: sec. 326, post. 

Cited : 62 Wash. 86. 

Whether any title is acquired in lands sold under this act below the lower 
boundary of second class tide lands, sold as such, is a question which cannot be 
raised by the owner of the second class tide lands : Pearl Oyster Co. v. Heuston, 
57 Wash. 533. 

A sale of tide lands under this act grants the exclusive right of possession, 
so that all persons may be restrained from passing over the same, on foot or 



STATE LAND LAWS 107 

NOTICE OF APPLICATION. SEC. 122 

by boat: Palmer v. Peterson, 56 Wash. 74. But see notes to Art. XVII, sec. 
1, Const., supra. 

The grant of such a right is not a substantial impairment of the rights of 
the public in navigable waters or an interference with the right of Congress to 
regulate commerce : Palmer v. Peterson, 56 Wash. 74. 

SEC. 122. APPLICATION TO PURCHASE NOTICE PROTEST. 

Upon the filing of a description of the survey of such land, as 
provided for by the foregoing sections of this act,* the person 
or persons having occupied or desiring to occupy such lands as 
described in section 118, may file with the Commissioner of 
Public Lands an application to purchase said lands, together 
with a description of the lands applied for, by metes and 
bounds, and upon the receipt of the same the Commissioner 
of Public Lands shall, at the expense of the applicant, publish 
or cause to be published, for three successive weeks in any news- 
paper of general circulation printed and published in the county 
where such lands are situated, a notice of such application to 
purchase, giving therein a description of lands applied for. 
During the next thirty days following the last publication of 
said notipe, any person claiming a prior right to purchase such 
tide lands may file with the Commissioner of Public Lands a con- 
test for the purpose of establishing a prior right to purchase, or, 
upon petition of ten citizens who shall be residents of the 
county wherein such lands are situated, a contest may be filed 
as hereinbefore provided, and such contest shall be upon the right 
of applicant to purchase, as provided in the foregoing sections 
of this act.* If the party making contest shall fail to establish a 
prior right to purchase, said party shall be liable for the costs 
resulting direct from such contest, except private attorney fees, 
and the sum of such costs shall be paid by such contestant into 
the State Treasury Department, and, upon such payment being 
made, shall be entitled to a receipt for the same. (Laws '95, 
p. 37, sec. 5 ; sec. 6801 Rem.-Bal. ; 373 sec. 51 Pierce.) 

* 118-124. 

Sections 4, 6, and 10 of this act (6802, 6805 Rem.-Bal.; 373 sees. 49, 53, 
61 Pierce), saving existing rights, etc., are omitted as obsolete. 



108 STATE LAND LAWS 

SECS. 123-124 OYSTEB LANDS REVERSION. 

SEC. 123. CITIZENS ONLY MAY PURCHASE. 

No person shall be entitled, directly or indirectily, to the priv- 
ileges of this act* who is not an actual resident and citizen of the 
United States and State of Washington, and no person not a 
citizen of the State of Washington shall be competent to acquire 
deeds to any lands sold by the state under the provisions of this 
act.* (Laws '95, p. 38, sec. 8 ; sec. 6804 Rem.-Bal. ; 873 sec. 
57 Pierce.) 

* 118-124. 

NOTE: The rights of non-resident planters were saved by the fol- 
lowing clause of the foregoing section: 

Any citizen of the United States, and not a citizen of the State of 
Washington, or any corporation organized under the laws of any other 
state other than the State of Washington that has planted and culti- 
vated and planted in oysters any tract or tracts or parcels of such 
lands for the period of five years next preceding January 1, 1895, shall 
have .the exclusive right to purchase such tract or tracts or parcels of 
land so planted and cultivated as aforesaid, but not exceeding 100 
acres in the aggregate, such prior right to be within six months after 
the approval of this act. And failure to make application to pur- 
chase said lands within said six months by such person or corpora- 
tion shall forfeit the right hereby granted to such person or corpora- 
tions to purchase any of such lands. 

SEC. 124. ABANDONMENT FORFEITURE AND REVERSION. 

If from any cause any tract or tracts, parcel or parcels of 
land purchased under the provisions of this act* shall become 
unfit and valueless for the purposes of oyster planting, the party 
having so purchased and being in the possession of the same 
may upon certifying such fact under oath to the Commissioner 
of Public Lands and to the auditor of the county wherein such 
lands are situated and also upon filing under oath a certificate 
of abandonment of such tract or tracts, parcel or parcels of land, 
in the office of each of said officials, such party shall then be en- 
titled to again make purchase, as hereinbefore provided; or if 
said land be used by the purchasers or any successors in interest 
of such purchaser in whole or in part for other than the purposes 
specified in this act, then upon application by any citizen to the 
State Land Commissioner such sale may be canceled, and the 
said land shall revert to the state and shall be subject to sale as 



STATE LAND LAWS 109 

LEASE GRANTED LANDS. SEC. 128 

herein* provided, but not to such defaulting purchaser or such 
defaulting successor in interest. (Laws '95, p. 38, sec. 9; sec. 
6804 Rem.-Bal.; 373 sec. 59 Pierce.) 

* Sees. 118-124. 

Cited : 62 Wash. 82. 

No form of notice being prescribed, any timely notice to the owner appris- 
ing him of the filing and substance of the application for cancelation is sufficient : 
State ex rel. Abbott v. Ross, 62 Wash. 82. 

This section does not confer judicial powers contrary to the constitution, 
and the commissioner is authorized to hear and determine an application for 
cancelation of deed : idem. 

A sale of tide lands of the second class, without the exception of tide lands 
theretofore conveyed with conditions subsequent provided in sec. 115, did not 
convey the fee to the oyster lands nor the state's right of reversion therein, at 
least prior to the amendment of sec. 59, supra, by act of 1911 : Scott v. 
Olympia Oyster Co., 63 Wash. 364. 



CHAPTER 



LEASE OF GRANTED LANDS. 
SEC. 128. Application; Deposit; Public Auction. 

129. Commissioner to Fix Date and Classification. 

130. Notice of Leasing. 

131. Bidding and Rental. 

132. Report to Commissioner. 

133. Rejection of Bids. 

134. Leases; Execution and Form. 

135. Notice of Forfeiture; Extension of Time. 

136. Escheated Lands: Special Provision. 

137. Improver Under Contract; Right to Lease. 

138. Re-Lease; Application and Procedure. 

139. Rights of Lessee as to Use. 

140. Water Rights Considered Improvements. 

141. Removal of Improvements. 

Cross-References: LEASING TIDE AND SHORE LANDS: sec. 142 
et seq., post; HARBOR AREAS: 147 et seq., post; OYSTER LANDS: 
170 et seq., post; MINERAL LANDS: sec. 180 et seq., post; OIL AND 
GAS LANDS: sec. 194 et seq., post; WATERWAY AREAS: sec. 163 et 
seq., post; CAPITOL BUILDING LANDS: sec. 425 et seq., post. 

SEC. 128. APPLICATION TO LEASE. 

All school and granted lands of the State of Washington may 
be leased for a term of six years or less to the highest bidder 



STATE LAND LAWS 
SEC. 129 LEASE GRANTED LANDS. 

at public auction in the following manner : Any person or 
persons desiring to lease any of such lands shall make applica- 
tion in writing to the Commissioner of Public Lands of this 
state ; each application shall be accompanied with a deposit of 
$10.00, such deposit to be in the form of a draft on some bank, 
a postoffice or express money order, or may be paid in cash. In 
case the lands so applied for shall be leased at the time they are 
offered for lease, then such deposit shall be returned to such 
applicant by the Commissioner of Public Lands ; but if the land 
shall not be leased when so publicly offered for lease, then such 
deposit shall be declared forfeited to [the] state, and the Com- 
missioner of Public Lands shall pay the said deposit over to 
the State Treasurer, who shall place the same to the credit of 
the general fund of the state. (Laws '97, p. 242, sec. 19; 
amended Laws '03, p. 115, sec. 4; sec. 6681 Rem.-Bal. ; 477 
sec. 74 Pierce.) 

Former Laws: Laws '89-90, p. 446, sec. 17; Laws '93, p. 400, sec. 
23; Laws '95, p. 544, sec. 32. 

Term not to exceed 5 years: sec. 585, post. 

Not more than one section to any person: sec. 585, post. 

Application to re-lease: sec. 138, post. 

Lease Capitol Building lands: sec. 427, post. 

Lease University lands: sec. 446, post. 

Cited : 23 Wash. 83 ; 39 Wash. 409 ; 33 Wash. 385 ; 42 Wash. 443. 

The leasing of granted lands is entirely under the authority and juris- 
diction of the Commissioner of Public Lands and the Board of State Land 
Commissioners has no duty therein : Opinions Att'y Gen'l, '07-'08, p. 351. 

As the commissioner acts at his own discretion upon applications for the 
leasing of state lands, mandamus to compel him to do so cannot be maintained 
by an applicant not beneficially interested : State ex rel. Pelton v. Ross, 39 
Wash. 399. 

Injunction will not issue at the suit of a taxpayer, as such, to prevent the 
commissioner from leasing lands in excess of his authority and for purposes 
which may result injuriously to the public : Tacoma v. Bridges, 25 Wash. 221. 

The state is not a necessary party to an action for trespass on leased lands : 
Sequim Bay Canning Co. v. Bugge, 49 Wash. 127. 

A leasehold in state lands is subject to sale on execution as real property, 
and hence a sale under the notice provided for the sale of personal property is 
void : Reilley v. Anderson, 33 Wash. 58. 

SEC. 129. LIST TO COUNTY AUDITORS MINI MUM RENTAL. 

When, in the judgment of the Commissioner of Public Lands, 
a sufficient number of applications have been received from any 
one county, the said commissioner shall then certify a list of 



STATE LAND LAWS 
NOTICE RENTAL. SECS. 130-132 

such lands so applied for, and any other lands he may deem 
advisable to offer for lease at the same time, to the auditor of 
the county in which such lands are situated ; fixing the date when 
such lands shall be offered for lease and the character of the 
land, whether agricultural, pastoral or scab: Provided, The 
agricultural lands shall not be leased for less than ten cents per 
acre. (Laws '97, p. 242, sec. 20; sec. 6682 Rem.-Bal. ; 477 
sec. 77 Pierce.) 

Former Laws: Laws '05, p. 545, sees. 36-7. 

Pasturing lease converted to agricultural: sec. 139, post. 

Cited : 33 Wash. 385 ; 39 Wash. 409 ; 42 Wash. 443. 

SEC. 130. NOTICE TO BE POSTED. 

Upon receipt of such list so certified, the county auditor shall 
proceed to post said list for a period of thirty days prior to 
the date of leasing, in some conspicuous place in his office and 
elsewhere in the county, as the commissioner may direct. (Laws 
'97, p. 243, sec. 21; sec. 6683 Rem.-Bal.; 477 sec. 79 Pierce.) 

Former Laws: Laws '95, p. 545, sec. 37. 
Cited : 39 Wash. 409 ; 42 Wash. 443. 

SEC. 131. RENTAL IN ADVANCE. 

The person or persons leasing any of such lands, shall pay 
over to the county auditor the first year's rent, in accordance 
with his bid, which payment shall be in the form of a certified 
check or certificate of deposit on some bank in this state, or 
may be paid in cash; all rent thereafter shall be paid annually 
in advance to the Commissioner of Public Lands. (Laws '97, 
p. 243, sec. 22; sec. 6684 Rem.-Bal.; 477 sec. 81 Pierce.) 

Public auction: compare sec. 82, supra. 

Money not deemed paid to state until deposited with treasurer: 
sec. 34, ante. 

Cited: 39 Wash. 409; 42 Wash. 443. 

The Commissioner of Public Lands has no authority, under sees. 19, 111, 
supra, or otherwise, to reduce the rental fixed at public auction, except as 
provided in sec. 139, infra: Opinions Att'y Gen'l, '09-'10, p. 225. 

SEC. 132. REPORT OF LEASING RETURNS OF COUNTY AUDI- 
TORS. 

When any of such lands shall have been so leased by the 
county auditor, the said auditor shall at once proceed to certify 



STATE LAND LAWS 
SECS. 133-134 LEASE GRANTED LANDS. 

a list of such lands to the Commissioner of Public Lands, giving 
the name of the lessee, the postoffice address, term of lease, lease 
price per annum, amount paid on lease, and any other informa- 
tion required by the Commissioner of Public Lands ; the auditor 
shall also remit all moneys so paid to him on lease to the said 
Commissioner, who shall issue his receipt in duplicate therefor, 
the original receipt to be sent to the lessee and a duplicate 
thereof to be kept in his office, and pay the money over to the 
State Treasurer and take his receipt therefor. (Laws '97, p. 
243, sec. 23; amended, Laws '03, p. 115, sec. 5 ; sec. 6685 Rem.- 
Bal.; 477 sec. 83 Pierce.) 

Payment of money into state treasury: sec. 34, ante. 
Rentals inure to what funds: notes to sec. 41, ante. 

Cited : 23 Wash. 84 ; 33 Wash. 388 ; 39 Wash. 409 ; 42 Wash. 443. 

Neither by direct lease nor assignment may one person or corporation ac- 
quire a leasehold in an area of state lands, except Capitol Building lands, 
greater than one section, under sec. 585, post. (Enabling Act) and sec. 1, Art. 
XVI, Const., ante : Opinion Att'y Gen'l, Feb. 15, '13. 

SEC. 133. REJECTION OF BIDS. 

The Commissioner of Public Lands or the Auditor may reject 
any and all bids when the interests of the state shall justify it: 
Provided, That if the Commissioner of Public Lands or the 
Auditor shall reject any such bid he shall forthwith return to the 
lessee any moneys paid, upon the return of any and all receipts 
issued to the lessee. (Laws '97, p. 244, sec. 26 ; sec. 6688 Rem.- 
Bal. ; 477 sec. 89 Pierce.) 

Cited : 39 Wash. 409. 

SEC. 134. EXECUTION OF LEASES. 

Upon receipt of such certified list and moneys paid from the 
county auditor, the Commissioner of Public Lands shall proceed 
to issue a lease to the lessee, upon a form to be prescribed by 
the Attorney General. All leases shall be in duplicate, both to 
be signed by the lessee and by the Commissioner of Public Lands 
on behalf of the state with the seal of the Commissioner of Public 
Lands attached thereto ; the original lease to be forwarded to the 



STATE LAND LAWS 
FORFEITURE. SEC. 135 

lessee and the duplicate to be kept in the office of the Commis- 
sioner of Public Lands. (Laws '97, p. 243, sec. 24; sec. 6686 
Rem.-Bal.; 477 sec. 85 Pierce.) 

Former Laws: Laws '95, p. 546, sec. 39. 

Cancellation for mistake or fraud: sec. Ill, supra. 

Division of lease: sec. 110, supra. 

Fee for issuing lease: sec. 32, supra. 

Assignment of lease: sec. 109, supra. 

Taxation of leasehold: sec. 327, infra. 

Leased lands not to be sold: sec. 63, supra. 

Damages in case of subsequent lease for oil and gas: sec. 200, post. 

Cited : 39 Wash. 409 ; 42 Wash. 443. 

SEC. 135. NOTICE OF FORFEITURE EXTENSION OF TIME. 

The Commissioner of Public Lands shall keep a full and com- 
plete record of all leases so issued and payments made thereon, 
and on or before the 5th day of each month the Commissioner of 
Public Lands shall cause to be mailed to each lessee whose rental 
will become due and payable during the following calendar 
month a notice stating the date upon which the rental falls due 
and the amount thereof; and if such rental be not paid on or 
before the date the same becomes due, according to the terms 
of the lease, the Commissioner of Public Lands shall declare a 
forfeiture, cancel the lease and eject the lessee from the land: 
Provided, That the Commissioner of Public Lands may extend 
the time for payment of annual rental not to exceed one year 
when, in his judgment, the interests of the state will not be 
prejudiced thereby. (Laws '97, p. 244, sec. 25; amended, 
Laws '09, p. 766, sec. 5; sec. 6687 Rem.-Bal.; 477 sec. 87 
Pierce. ) 

Former Laws: Laws '95, p. 546, sec. 40. 

Forfeiture of contracts, see sees. 42-3. 

Cited : 33 Wash. 385 ; 35 Wash. 630 ; 39 Wash. 409 ; 42 Wash. 443. 

Service of the notice of delinquency may be made by mail, but where such 
notice fails to reach lessee and is returned unopened, the commissioner has no 
authority to cancel lease ; and a lessee paying within sixty days after second 
notice is entitled to a reinstatement : State ex rel. Smith v. Ross, 42 Wash. 439. 

A lease cannot be cancelled by the commissioner for any cause except non- 
payment of rent : State ex rel. Bussell v. Callvert, 33 Wash. 380. 

Mandamus will lie to compel the commissioner to reinstate a lease wrongfully 
cancelled: State ex rel. Smith v. Ross, 42 Wash. 439; State ex rel. Bussell v. 
Callvert, 33 Wash. 380. 



STATE LAND LAWS 
SECS. 136-137 LEASE ESCHEATED LANDS. 

SEC. 136. ESCHEATED URBAN PROPERTY RENT AND REPAIR. 
The Commissioner of Public Lands is authorized to employ 
an agent or agents to rent any improved escheated urban prop- 
erty for such rental and time and in such manner as the com- 
missioner may direct: Provided, That no lease thereof for a 
term longer than one year shall be made except to the highest 
bidder at public auction in the manner provided by law for the 
leasing of public lands, and, except in such case, no lessee shall 
be entitled to compensation for any improvements which he may 
make .thereon. Such agent or agents shall cause such repairs 
to be made to such property as the commissioner may direct, and 
shall deduct the cost thereof, together with such compensation 
and commission as the commissioner may authorize, from the 
rentals for such property, and the remainder which shall have 
been collected shall be transmitted monthly to the Commissioner 
of Public Lands. (Laws '13, p. 247, sec. 1 ; 3 Rem.-Bal., sec. 
6635-4.) 

General provision for lease and management of escheated lands: 
sec. 58, supra. 

SEC. 137. IMPROVER'S PREFERENCE RIGHT TO LEASE. 

The owner of improvements placed on lands held under con- 
tracts from the state, where such contracts are forfeited to the 
state, shall have a preference right to lease any of such lands 
for a period of ninety days from the cancellation of such con- 
tracts by the state in the following manner : 

The owner of such improvements shall make application in 
writing, certifying under oath as to the character and value of 
such improvements, for the lease of such lands, setting forth the 
amount bid for the lease of same, which bid shall be considered 
by said commissioner, and if deemed sufficient and to the best 
interest of the state to accept said bid, the said commissioner 
shall proceed to issue a lease to such bidder as provided in section 
132* upon receipt of the first year's rent in accordance with 
such bid : Provided, That if such lands are not leased as above 
provided in this section the same may be leased or sold as pro- 



STATE LAND LAWS 115 

RE-LEASE. SEC. 138 

vided for the lease or sale of other school and granted lands. 
(Laws '97, p. 245, sec. 29; sec. 6689 Rem.-Bal. ; 477 sec. 95 
Pierce.) 

* Sec. 134 doubtless intended. 

Appraisement of improvements: sec. 77, ante. 

Cited in 39 Wash. 404. 

Applies to contracts for tide lands as well as granted lands : State v. Bridges, 
19 Wash. 431. 

SEC. 138. LESSEE'S PRIOR RIGHT TO RE-LEASE. 

If, at the expiration of any lease, or any renewal thereof, 
the lessee desires to re-lease the lands covered thereby, he may 
make application to the Commissioner of Public Lands for a re- 
lease. Such application shall be made within thirty days after 
the expiration of the lease and shall be in writing and under 
oath, setting forth the character and value of all improvements 
existing on the land, the name and postoffice address of the owner 
thereof, the purpose for which he desires to re-lease the land, the 
amount considered by such lessee as the reasonabe annual 
rental value thereof and such other information as the Com- 
missioner of Public Lands may require, and shall be accom- 
panied with a deposit of ten dollars, which deposit, if the land 
be not leased, through the failure or refusal of the applicant to 
accept a lease at the rate fixed by the Commissioner of Public 
Lands, shall be forfeited to the state and by the commissioner 
paid to the state treasurer and credited to the fund to which 
the rental of the land should be credited. The Commissioner of 
Public Lands may, upon the filing of such application, cause 
the lands to be inspected by a state land inspector; and if he 
deems it for the best interests of the state to re-lease said 
lands, he shall fix the rental value thereof and, upon receipt of 
the first year's rental, together with the fees required by law, 
the Commissioner of Public Lands shall issue to the applicant a 
renewal lease for any period not exceeding five years. The Com- 
missioner of Public Lands shall notify the applicant, by mail, 
of the rental value fixed, and if, within thirty days after the date 
of such notice, the applicant fails or refuses to pay to the Com- 
missioner of Public Lands the first year's rental, together with 



STATE LAND LAWS 
SEC. 139 USE UNDER LEASE. 

the statutory fee for issuing a lease, the Commissioner of Public 
Lands may cause the improvements existing upon the land to be 
appraised, in the same manner as in the case of the sale of land, 
offer the land for lease at public auction to the highest bidder, 
as provided for original leases, and if the successful bidder be 
not the owner of the improvements, he shall deposit with the 
officer making the sale the appraised value of the improvements. 
The amount so deposited as the appraised value of improve- 
ments, togther with the first year's rental and the fees required 
by law, shall be transmitted to the Commissioner of Public 
Lands and, upon confirmation of the lease by the Commissioner 
of Public Lands, the amount so deposited in payment for the 
improvements shall be disposed of by the Commissioner of 
Public Lands in the same manner as in the case of the sale of 
the land : Provided, That no bid shall be received for less than 
the maximum price fixed by the Commissioner of Public Lands. 
(Laws '97, p. 245, sec. 30; amended, Laws '99, p. 77, sec. 1; 
amended, Laws '09, p. 766, sec. 6 ; sec. 6690 Rem.-Bal. ; 477 
sec. 97 Pierce.) 

Lands to be leased for not more than 5 years: sec. 585, post. 

Appraisal and payment for improvements in case of sale: sees. 
76-77, ante. 

Fee for issuing lease: sec. 32, ante. 

Lease at public auction: sec. 129 et seq., supra. 

Cited : 39 Wash. 404 ; 42 Wash. 443. 

Prohibition will not lie in the supreme court to restrain the commissioner 
from re-leasing tide lands to a prior lessee who has complied with the provisions 
of this section, as the commissioner acts upon applications to lease lands at his 
own discretion : State ex rel. Pelton v. Ross, 39 Wash. 399. 

SEC. 139. USE OF LEASED LANDS. 

No lessee or assignee of any lease of state lands leased as scab 
or pasture lands shall be permitted to use the same for any 
other purpose than that expressed in the lease : Provided, Said 
lessee or his assigns may be permitted to clear, plow and cultivate 
all or any part thereof upon surrendering the said lease and 
requesting the Commissioner of Public Lands to issue an agricul- 
tural lease in lieu thereof; upon the payment of the fixed rental 
under the appraisement of said land the Commissioner shall 



STATE LAND LAWS 117 

LESSEE'S IMPROVEMENTS. SECS. 140-141 

issue a new lease for the unexpired term thereof. (Laws '03, 
p. 116, sec. 8 ; sec. 6692 Rem.-Bal. ; 477 sec. 103 Pierce.) 

Lessee's privilege to cut timber: sec. 262, post. 
Character of lease determined: sec. 129, ante. 

SEC. 140. WATER RIGHTS AS IMPROVEMENTS. 

At any time during the existence of a lease the lessee may, 
with the consent of the Board of State Land Commisisoners, first 
obtained, by written application, showing the cost and benefits 
to be derived thereby, purchase or acquire a water right in order 
to irrigate the land leased by him, and if. such water right shall 
become a valuable and permanent improvement, then, in case of 
the sale or lease of such lands to other parties, the old lessee shall 
be entitled to receive the value thereof as in case of other im- 
provements which he may place upon said land. (Laws '03, p. 

116, sec. 7; sec. 6691 Rem.-Bal.; 477 sec. 101 Pierce.) 

Appraisement of improvements: sec. 77, ante. 

SEC. 141. SURRENDER OF LEASE IMPROVEMENTS. 

Improvements made upon school, granted and other lands by 
lessees from the state in cases in which the lessee yields his lease 
to the state prior to any application to purchase the land so 
leased, such as are capable of removal without damage to the 
land, may be removed by the original lessee, or at his option may 
remain subject to purchase, by any purchaser who shall apply to 
purchase the land within a period of three years from the ex- 
piration of said lease. (Laws '97, p. 245, sec. 31 ; amended, 
Laws '03, p. 116, sec. 7; sec. 6691 Rem.-Bal.; 477 sec. 101 
Pierce.) 

Former Laws: Laws '95, p. 546, sec. 41. 
Improvements assessed at personalty: sec. 328, post. 
Appraisement of improvements in case of sale: sec. 77, ante; in 
case of re-lease: sec. 138, ante. 



STATE LAND LAWS 
SEC. 142 LEASE TIDE LANDS. 

CHAPTER 13. 



LEASING OP TIDE AND SHORE LANDS. 
SEC. 142. Tide and Shore Lands May be Leased; Application. 

143. Improvements to be Appraised on Sale of Lands. 

144. Same; Appeal from Appraisement. 

145. Same; Payment for Improvements. 

146. Booming Grounds; Lease; Conditions. 
Cross-References: LEASE GRANTED LANDS: sec. 128 et seq., 

ante; HARBOR AREAS: sec. 147 et seq., post; WATERWAYS: sec. 163 
et seq., post; OYSTER I^ANDS: sec. 170 et seq., post; SALE OF TIDE 
LANDS: sec. 87 et seq>, ante. 

SEC. 142. LEASE OF TIDE AND SHORE LANDS. 

Tide and shore lands which have not been sold, and for which 
applications to purchase have not been theretofore filed and are 
pending, may be leased in the same manner as provided for the 
lease of school and granted lands : Provided, That when appli- 
cation is made for the lease of tide or shore lands of the second 
class, adjacent to upland, the same shall be leased per lineal chain 
frontage, and the United States field notes of the meander line 
shall accompany each application as required for the sale of such 
lands: And provided -further, When such lands are separated 
from the upland by navigable waters each application shall be 
accompanied by the plat and field notes of survey of such land 
applied for as required when making application for the pur- 
chase of such lands : And provided further, That tide lands may 
be leased for a period not to exceed thirty years. (Laws '97, p. 
253, sec. 50; amended, Laws '99, p. 139, sec. 2; sec. 6764 
Rem.-Bal. ; 477 sec. 149 Pierce.) 

Former Laws: Laws '95, p. 533, sec. 16; id., p. 558, sec. 72. 

Leasing school and granted lands: sec. 128 et seq., ante 

Manner of leasing tide lands: sec. 80 et seq., ante, a later act. 

Field notes required: sec. 96, ante. 

Survey of detached lands: sec. 103, supra. 

Lands classified and defined: sees. 59 and 87, supra. 

Taxation of leaseholds: sec. 327, post. 

Leased lands not to be sold: sec. 63, ante. 

Lease of tide lands in port districts: sec. 155 et seq., post. 

Leases of street termini validated: Laws '99, p. 84, sec. 1. 

Cited : 33 Wash. 385 ; 42 Wash. 443 ; 49 Wash. 133. 



STATE LAND LAWS 119 

TIDE LAND IMPROVEMENTS. SECS. 143-144 

A lessee of state tide lands is entitled to the exclusive possession thereof 
and of the clams imbedded therein, and any interference with such possession 
is a trespass : Sequim Bay Canning Co. v. Bugge, 49 Wash. 127. 

The state is not a necessary party to suit to enjoin such trespass : idem. 

SEC. 143. PAYMENT OF LESSEES FOR IMPROVEMENTS. 

Should any present or future lessee of tide lands of the State 
of Washington, or any owner or holder of such leases, fail to 
exercise the preference right of purchase from the state, of the 
tide lands covered by any lease within the time prescribed by 
any existing law, or any law which may hereafter be enacted, 
then and in that event, the Board of State Land Commissioners 
shall appraise and determine the value of all improvements then 
existing upon such property, including the cost of filling and 
raising said property above high tide, whether filled in or raised 
above high tide, by such lessee or owner of such lease, or by 
virtue of any contract made with the State of Washington, and 
also including the then value to the land of all existing local 
improvements, paid for by such lessee or owner of such lease. 
(Laws '05, p. 353, sec. 1 ; sec. 6766 Rem.-Bal. ; 477 sec. 151 
Pierce.) 

NOTE: Under present laws the lessee has no preferred right to 
purchase. 

Improver's preference right to purchase first class lands: sec. 92, 
supra. 

Payment for improvements on school and granted lands: sees. 
76-77, supra. 

Leased lands not to be sold: sec. 63, supra. 

Filling tide lands: sec. 286 et seq., infra. 

Payment for local improvements on leased lands: sees. 333-335, 
infra, a later act. 

Cited : 45 Wash. 258. 

SEC. 144. APPEAL FROM APPRAISEMENT OF IMPROVEMENTS. 

Should the owner and holder of such lease be dissatisfied with 
the appraised value of such improvements as fixed or determined 
by said Board of State Land Commissioners, he or it may appeal 
to the superior court of the county wherein said property is lo- 
cated, within the time and according to the mode prescribed by 
law relating to appeals, from the Board of State Land Commis- 



STATE LAND LAWS 
SECS. 145-146 BOOMING LEASE. 

sioners to the superior court. (Laws '05, p. 354, sec. 3; sec. 

6768 Rem.-Bal. ; 477 sec. 155 Pierce.) 

Appeals from board of state land commissioners: sec 22 et seq., 
ante. 

SEC. 145. PAYMENT FOR IMPROVEMENTS. 

Should such tide lands be re-let or sold to any person, persons 
or corporation other than such lessee or owner of such lease, the 
bid of such subsequent lessee or purchaser shall not be accepted 
until the payment by such subsequent lessee or purchaser to the 
owner of such former lease, the appraised and fixed value of such 
improvements aforesaid, as determined by said Board of State 
Land Commissioners, or as may be determined upon appeal, and 
said board is authorized to compel by subpoena the attendance, 
swear and examine witnesses to such values. (Laws '05, p. 354, 

sec. 2 ; sec. 6767 Rem.-Bal. ; 477 sec. 153 Pierce.) 

Appraisement of improvements, generally: sec. 76 et seq., ante, 
and notes. 

Subpoenas to witnesses: sees. 18 and 78, ante. 

SEC. 146. BOOMING GROUNDS LEASING OF. 

The Board of State Land Commissioners is hereby authorized 
to lease any harbor area, tide lands or other lands of the State 
of Washington, whether the same be now reserved from lease or 
sale by any existing act or not, except tide lands or harbor 
area in front of any incorporated city or town or within two 
miles thereof on either side, and excepting any oyster reserve 
containing oysters in merchantable quantities, to any person, 
firm or corporation, for booming purposes. Such leases shall 
not be granted for a longer term than ten years from the date 
thereof ; and the Board of State Land Commissioners shall prior 
to the issuance of any such lease fix an annual rental for the lands 
leased, and prescribe the terms and conditions of the lease. 
The board may declare a forfeiture of any lease for a violation 
of any of the terms or conditions thereof. Any person, firm 
or corporation leasing any lands under the provisions of 
this section shall receive, hold and assort the logs and other 
timber products of all persons requesting such service, and upon 



STATE LAND LAWS 
BOOMING LEASE. SEC. 146 

the same terms and without discrimination, and may charge and 
collect tolls on all logs or other timber products so handled, 
said tolls not to exceed seventy-five cents per thousand on all 
logs, spars or other large timber, and reasonable rates on all 
other timber products, and shall be subject to the same duties 
and liabilities, so far as the same are applicable, as are imposed 
upon boom companies organized under the laws of this state. 
Failure to use any lands leased under the provisions of this 
section for boom purposes for a period of more than one year 
shall work a forfeiture of the lease, and such lands shall revert 
to the state without any notice or declaration of forfeiture. At 
the expiration of any lease issued under the provisions of this 
section, the original lessee shall have the preference right to 
release the lands covered by his original lease for a further 
term, not to exceed ten years, at such rental and upon such terms 
and conditions as may be prescribed by the Board of State Land 
Commissioners. (Laws '07, p. 575, sec. 1 ; amended, Laws '11, 
p. 388, sec. 1 ; 3 Rem.-Bal, sec. 6776; 477 sec. 75 Pierce.) 

Lease of harbor area generally: sec. 147 et seq., post. 
Platting and location of booming grounds; powers and duties of 
boom companies, generally: sec. 7110 et seq. Rem.-Bal., and notes. 

This section modifies section 360, post, relating to oyster reserves : Opinion 
Att'y Gen'l, May 5, '13. 

Whether such a reserve contains oysters in merchantable quantities is a 
question to be determined by the Board of State Land Commissioners : idem. 

But this section does not permit the leasing of an oyster reserve in front 
of or within two miles upon either side of an incorporated city or town : 
Opinion Att'y Gen'l, May 28, '13. 

A compliance with the general act relating to boom companies and the lo- 
cation of booming grounds, (sec. 7110 et seq., Rem.-Bal.) gives no authority to 
use tide or shore lands of the state except under purchase or lease : Samish 
Boom Co. v. Callvert, 27 Wash. 611. 

A booming company has no authority to condemn state lands : North Riv. 
Boom Co. v. Smith, 16 Wash. 138. 



STATE LAND LAWS 
SEC. 147 LEASE HARBOR AREA. 

CHAPTER 14. 



LEASE OF HARBOR AREAS. 

SEC. 147. Harbor Area; Board May Lease; Bond. 

148. Former Leases Validated. 

149. Preference Rights Partially Repealed. 

150. Preference Right to Abutter. 

151. Same; Application. 

152. Vested Rights Saved. 

153. Auction of Lease; Regulation of Tolls. 

154. Rentals of Harbors and Tide Lands. 

155. Harbor Area and Tide Lands in Port Districts. 

156. Abutters' Preference Right to Lease. 

157. Rental. 

158. Condemnation of Preference Right. 

159. Bond for Rental; Forfeiture. 

160. Regulation of Tolls. 

161. Canceled Leases; Reinstatement. 

Cross-References : LEASE TIDE LANDS: sec. 142 et seq., ante; 
LEASE WATERWAYS: sec. 163 et seq., post; ABERDEEN HARBOR: 
sees. 463 and 467, post; HOQUIAM HARBOR: sec. 478, post; ESTAB- 
LISHMENT HARBOR LINES: sec. 306 et seq., post, and Const., Art. 
XV, ante. 

SEC. 147. LEASE OF HARBOR AREAS RENTAL AND BOND. 

The Board of State Land Commissioners shall have power to 
lease the right to build and maintain wharves, docks, and other 
structures upon the harbor areas laid out or which shall here- 
after be laid out in pursuance of the provisions of Article XV of 
the constitution of the State of Washington for such rental and 
under such general rules as said board shall prescribe, except in 
so far as the same are or may be prescribed by law ; but no such 
lease shall be made for any term longer than thirty years. The 
rental fixed and reserved to the State of Washington in each 
such lease shall be such sum as said board shall fix. Said board 
shall require of each such lessee a bond with sufficient surety, to 
be approved by the Commissioner of Public Lands, in such pen- 
alty, and not exceeding twice the amount of the annual rental, 
but in no case less than five hundred dollars, as may be prescribed 
by the board, conditioned for the payment by the lessee of the 



STATE LAND LAWS 
RENTAL AND BOND. SEC. 147 

rental reserved in his lease at or prior to the time of payment 
therein specified, during the term of such lease or during such 
part thereof as the board in its discretion shall require to be 
covered by such bond; and in case only a part of the term of 
such lease shall be covered thereby, said board shall require of 
such lessee another like bond, to be executed and delivered within 
three months and not less than one month prior to the expiration 
of the period covered by the previous bond, covering the re- 
mainder of the term of the lease, or such part thereof as the 
board in its discretion shall require to be covered thereby. The 
board shall have power at any time to summon sureties upon any 
bond and to examine into the sufficiency thereof, and if it shall 
find the same to be insufficient it shall require the lessee to file a 
new and sufficient bond within thirty days after receiving notice 
so to do, under penalty of cancellation of the lease; and the 
board shall have power to cancel any lease for a substantial 
breach by the lessee of any of the conditions thereof, or for lack 
of a bond therewith as herein required. (Laws '97, p. 255, sec. 
53 ; amended, Laws '99, p. 225, sec. 1 ; amended, Laws '07, p. 
755, sec. 8 ; sec. 6774 Rem.-Bal. ; 477 sec. 183 Pierce.) 

Former Laws: Laws '93, p. 401, sec. 29; Laws '95, p. 563, sec. 84. 

Lines to be established: Const., Art. XV, ante, and sec. 306 et seq., 
post. 

Limitations upon term and character of use: Const., Art. XV, sec. 
2, ante. 

Power of Public Service Commission to prescribe and regulate 
rates of wharfage, etc.: Laws '11, p. 568, sec. 46 et seq. 

Harbor area in port districts: sec. 155 et seq., post. 

Board's power to make rules, generally: sec. 17, ante. 

Taxation of leasehold and improvements: sec. 327 et seq,., post. 

Rights of cities in streets over harbor area: Notes to Const, Art. 
XV, sec. 3, ante. 

Cited : 19 Wash. 48 ; 22 Wash. 98 ; 23 Wash. 703 ; 54 Wash. 537 ; 56 Wash. 
660. 

See 2 Remington's Digest, p. 2406, sec. 91 ; Vol. 4, iUd., p. 781, sec. 28. 

Rental at a constant rate for entire term must be fixed in first instance, and 
cannot be readjusted during life of the lease : Opinions Att'y Gen'l, '09-'10, p. 
38 ; idem, Dec. 4, '13. 

Prohibition will not lie to restrain the board from discharging the admin- 
istrative duties imposed upon them in the leasing of harbor area : State ex rel. 
White v. Board State Land Commsrs., 23 Wash. 700. 



STATE LAND LAWS 
SECS. 148-149 LEASE HARBOR AREA. 

A statute authorizing the lessee to improve the leased area in such manner 
and to such extent as he shall elect is unconstitutional, such power of election 
being vested in the board : State ex rel. Trimble v. Bridges, 22 Wash. 98. 

The state may build wharves and other conveniences of navigation and 
commerce, or may lease such right to individuals, whose right will be limited 
to the operation of such conveniences and to charge therefor under state regu- 
lation : State ex rel. Trimble v. Bridges, 22 Wash. 98. 

A structure for the curing and canning of fish, conducting a wholesale and 
retail fish market, and manufacturing ice to supply steamships is too remotely 
connected with "navigation and commerce" to fall within such classification : 
State ex rel. Denny v. Bridges, 19 Wash. 44. 

The fact that the United States established its pierhead line beyond the 
outer harbor line established by the state does not authorize the extension of 
structures beyond the line so laid down by the state : Wilson v. Ore.-Wash. 
R. & N. Co., 71 Wash. 102. 

A railroad is a convenience of commerce and is within the classification of 
structures for which harbor area was reserved : State ex rel. Hulme v. Grays 
Hart. & P. S. R. Co., 54 Wash. 530. 

"Commerce," as used in the constitution and laws relating to the use of 
harbor area, includes commerce by land as well as by water and is to be broadly 
construed : State ex rel. Hulme v. Grays Harb. & P. S. R. Co., 54 Wash. 530 ; 
distinguishing State ex rel. Denny v. Bridges, 19 Wash. 44. 

Subject to the approval of the board, the lessee of harbor area may occupy 
the same to its full extent with structures of the prescribed class, even if the 
flow of water be thereby entirely excluded : Wilson v. Ore.-Wash. R. & N. Co., 
71 Wash. 102. 

Except as to tidelands owned by cities or included in streets legally extended, 
territorial statutes providing that cities might authorize the construction of 
wharves at street termini have been superseded by the constitution and laws 
providing for the sale, lease and control of tide lands and harbor area : State 
ex rel. Port Angeles v. Horse, 56 Wash. 654. 

SEC. 148. FORMER LEASES CONFIRMED. 

Any and all leases heretofore issued to the owner or owners, 
under deed or contract, of tide or shore land, of the right to 
build or maintain wharves, docks and other structures upon 
that portion of the harbor area lying in front of said tide lands, 
are hereby validated, ratified and affirmed: Provided, This act 
shall not affect vested or existing rights. (Laws '01, p. 294, 
sec. 1 ; sec. 6765 Rem.-Bal. ; 477 sec. 299 Pierce.) 

Cited: 36 Wash. 670. 
SEC. 149. PARTIAL REPEAL PREFERENCE RIGHTS. 

All preferences of lease of harbor areas or tide lands situate 
in a port district heretofore created by the laws of the State 
of Washington, which have not been already exercised are here- 
by annulled. (Laws '13, p. 588, sec. 5; 3 Rem.-Bal., sec. 

6781-5.) 

Preference rights in such districts: sec. 155, post. 



STATE LAND LAWS 125 

PREFERENCE RIGHT LEASE. SECS. 150-151 

SEC. 150. PREFERENCE RIGHT TO LEASE. 

In leasing harbor line areas the owner or lessee of the tide or 
shore lands abutting the portion of the harbor line area sought 
to be leased shall have a preference right to lease said areas 
under the conditions prescribed in section 153. (Laws '97, p. 
257, sec. 54 ; sec. 6775 Rem.-Bal. ; 477 sec. 185 Pierce.) 

Former Laws: Laws '95, p. 565, sec. 85. 

NOTE: As to harbor areas theretofore established, this right ex- 
pired on July 1, 1902, under Laws '01, p. 294, and under rule of the 
Board of State Land Commissioners adopted pursuant to sec. 153, infra. 

As to harbor areas thereafter established, this section is superseded 
or covered by sec. 151, infra, or by special acts concerning particular 
harbors, which will be found in Chapter 37, post, sees. 463, 467, 478 
and 479. 

Cited : 54 Wash. 537. 

SEC. 151. PREFERENCE RIGHT TO LEASE HARBOR AREA. 

The owner of any land shall have a preference right to lease 
the harbor area lying in front of his, her or its land, according 
to the then existing laws of this state: Provided, That such 
owner shall, within one year after said commission shall have 
acted as hereinafter provided,* apply in writing to said com- 
mission, for the right to lease said harbor area : Provided fur- 
ther, That said commission may extend the time in which said 
applications may be made : And provided further, That if within 
said year any other person than the said owner shall apply 
for said harbor area, the Commissioner of Public Lands shall 
notify said owner of the pendency of said application, and said 
owner shall be allowed sixty days from the date of the service 
of the said notice, within which to exercise the preference right 
herein granted. If said owner be an actual resident of this 
state, notice shall be served upon him personally ; and if he be 
not a resident of this state, said notice shall be sent to him by 
mail to his last known address ; and if the address of said non- 
resident be not known to the said commissioner, no notice shall 
be required. (Laws '07, p. 739, sec. 5 ; sec. 6773 Rem.-Bal. ; 
477 sec. 129 Pierce.) 

* Sees. 319 to 323, infra, relating to platting of tide lands. 

See preceding section, and notes. 

Preference right in port dsitricts: sec. 158, post. 



STATE LAND LAWS 
SECS. 152-153 PUBLIC LEASE OF HARBORS. 

The time for filing preference right application for lease runs from the date 
of filing plat and appraisement of abutting tide land, and not from the date of 
establishment of harbor lines : Opinion Att'y Gen'l, May 20, '13. 

A vested right to a lease of harbor area may be appropriated by a railway 
company in condemnation proceedings : State ex rel. Hulme v. Grays Haro. & 
P. S. R. Co., 54 Wash. 530. Measure of damages stated : idem. See, also, 
Wilson v. Grays Hart. & P. S. R. Co., 60 Wash. 32. 

The abutter's preference right to lease harbor area becomes vested when he 
accepts the same and complies with all the preliminary requirements of the stat- 
ute : State ex rel. Wilson v. Grays Hart. & P. S. R. Co., 60' Wash. 32. 

Construction of statutes granting preference rights : See notes to sec. 90, 
ante, "Nature of the Right" and "When Vested." 

SEC. 152. NO ESTOPPEL AGAINST VESTED RIGHTS. 

The application for or the making or acceptance of any lease 
authorized by section 147 or section 153 shall not work any 
estoppel against either party thereto or against those in 
priority with either party as to any claim or right which might 
otherwise be made or contested. (Laws '99, p. 2S5, sec. 1 ; 
amended, Laws '07, p. 755, sec. 8 ; sec. 6774 Rem.-Bal. ; 477 
sec. 183 Pierce.) 

NOTE: As enacted, this section contained a provision for the re- 
adjustment of rentals under former leases, which has been omitted as 
obsolete, relating to a part of the original act which was not carried 
into the amendment of 1907. 

Cited : 22 Wash. 98-101 ; 54 Wash. 537 ; 56 Wash. 660. 

SEC. 153. LEASE AT PUBLIC AUCTION RESERVATION OF 
POWERS. 

If the person, association or corporation having the prefer- 
ence right to lease any part of such harbor area has not 
exercised or shall not exercise such right within such time and 
in such manner as may be prescribed by said board, in its rules 
and regulations,* then said board whenever it shall deem it 
advisable that such part should be leased shall give thirty days' 
notice by publication that a lease of such part of such harbor 
area for such rental and under such general rules within the 
limitations of this section and sec. 151 as said board shall have 
prescribed will be sold, at a time and place to be specified in said 
notices, to the person, association as corporation offering at such 
public sale to pay} to the state the highest sum as a cash bonus 
for such lease ; and upon the giving of such notices such lease 
shall be sold and made and delivered, accordingly, the payment of 



STATE LAND LAWS 
HARBOR RENTALS. SEC. 154 

the sum offered by the successful bidder being required at the 
time of such sale. All the rentals derived from the leases herein 
authorized shall be paid into the state treasury under such regu- 
lations as said board may prescribe, and shall constitute a har- 
bor fund to be used as the Legislature may direct. Notwith- 
standing any such lease now or hereafter existing, the state 
shall ever retain and does hereby reserve the right to regulate 
the rates of wharfage, dockage or other tolls to be imposed by 
the lessee or his assigns upon commerce for any of the purposes 
for which the leased area may be used, and the right to prevent 
extortion and discrimination in such use thereof. (Laws '97, p. 
255, sec. 53 ; amended, Laws '99, p. 225, sec. 1 ; amended, Laws 
'07, p. 755, sec. 8; sec. 6774 Rem.-Bal. ; 477 sec. 183 Pierce.) 
Former Laws: Laws '93, p. 401, sec. 29; Laws '95, p. 563, sec. 84. 
* All preference rights, so far as fixed by general rule, have ex- 
pired; see note to sec. 150, ante. 

NOTE: Laws '07, p. 13, sec. 1, abolishing all special funds in the 
state treasury, although an earlier act of the same session, was passed 
with an emergency clause and probably controlled that part of the 
above section creating a special fund. The subject is now fully covered 
by the following section. 

The provision for notice of leasing is superseded by sees. 81 and 
82, ante. 

Leasing in port districts: sec. 155 et seq., post. 
Leasing for booming purposes: sec. 142, ante. 
Fees for issuance lease and approval of bond: sec. 32, ante. 
Taxation of leasehold: sec. 327 et seq., post. 

Limitations on terms of lease and character of use: Const., Art. XV, 
sec. 2, ante. 

Power of Public Service Commission to prescribe and regulate rates 
of wharfage, etc.: Laws '11, p. 568, sec. 46 et seq. 
Cited : 19 Wash. 48 ; 22 Wash. 98 ; 23 Wash. 703. 

Rental at a constant rate for the entire term must be fixed in advance, and 
cannot be readjusted during the life of the lease : Opinions Att'y Gten'l, '09-'10, 
p. 38 ; id., Dec. 4, '13. 

Where the owner of abutting tide lands loses his preference right to lease 
harbor area by failure to make timely application, he cannot appeal from an 
order of the board directing the leasing to a third party : McNaught etc. Co. v. 
Atlantic etc. Co., 36 Wash. 669. 

SEC. 154. DISPOSITION OF RENTALS HARBORS AND TIDE 
LANDS. 

The rents hereinafter to be paid under existing or future 
leases of harbor areas and also of tide lands belonging to the 



128 STATE LAND LAWS 

SEC. 155 POBT DISTRICTS. 

State of Washington, shall be hereafter disposed of as fol- 
lows : 

In cases where the leased harbor area or tide land is sit- 
uated within the territorial limits of a port district already 
created or to be hereafter created under the laws of the State 
of Washington, seventy-five per cent, of the rents received for 
such cases shall be paid by the state treasurer to the county 
treasurer of the county wherein such port district is situated 
for the use of such port district and go into a special fund to 
be expended only for harbor or waterfront improvement pur- 
poses and the remaining twenty-five per cent, shall be paid into 
the general fund of the state treasury ; except that in cases 
where the port district itself shall have constructed or shall own 
structures or improvements situate upon leased harbor areas, 
or tide lands, the entire rentals of such improved area or tide 
land shall go to such port district. In all other cases seventy- 
five per cent, of the rents shall be paid by the state treasurer 
into the county treasury of the county in which the leased har- 
bor areas or tide lands are situate, the same to go into a special 
fund known as the "harbor improvement fund," and to be dis- 
bursed only for harbor or harbor improvement purposes ; and 
the remaining twenty-five per cent, shall be paid into the general 
fund of the state treasury. (Laws '13, p. 588, sec.l ; 3 Rem.- 
Bal., sec. 6781-6.) 

Payment of money into s.tate treasury: sec. 34 et seq., ante. 

The state may use the revenues from tide lands as it sees fit : Tacoma Land 
Co. v. Young, 18 Wash. 495. 

Rentals of tide lands and harbor areas upon which port districts own im- 
provements are payable direct to such districts ; otherwise, the entire rental is 
payable to the state, to be divided as above provided and to be paid out to county 
treasurers only upon legislative appropriation : Opinion Att'y Gen'l, May 20, 
'13 ; Jan. 12, '14. 

SEC. 155. IN PORT DISTRICTS LEASE TIDE LANDS AND HAR- 
BOR AREA. 

The port commission of each port district heretofore created 
or hereafter to be created under the laws of the State of Wash- 
ington, shall have full power and authority to lease the harbor 
areas and tide lands belonging to the State of Washington 
situate within the territorial limits of such port district to such 



STATE LAND LAWS 129 

HARBORS AND TIDE LANDS. SEC. 156 

persons and upon such terms and conditions conforming to the 
provisions of the constitution of the State of Washington as 
shall be determined by resolution of such port commission. 
Every such lease shall provide that the rentals thereunder shall 
be payable to the state treasurer. (Laws '13, p. 585, sec. 1 ; 
3 Rem.-BaL, sec. 6781-1.) 

Lease of harbor area not in port districts: sec. 147 et seq., supra. 

Constitutional provisions: Const., Art. XV, supra. 

While this and the following sections place the tide lands and harbor area 
within the exclusive power of the port commissioners for purposes of lease, 
they do not affect sees. 90 et seq., ante, providing for the sale of tide lands : 
Opinion Att'y Gen'l, Sept. 30, '13. 

Shore lands are not within the purview of this and the following sections : 
idem. 

Nor are lands subject to lease for oyster culture, under sec. 170, et seq., 
post : id. 

Rentals under leases of harbor area and tide land executed prior to the 
taking effect of this act are payable to the Commissioner of Public Lands : id. 

SEC. 156. ABUTTER'S PREFERENCE RIGHT TO LEASE IM- 
PROVEMENTS. 

The owner of any tide or shore lands abutting any such har- 
bor area shall have the preference right, to be exercised by 
written application filed within ninety days following the filing 
of the plat of any tide or shore lands hereafter to be filed, 
covering tide or shore lands or harbor area within the limits of 
any port district, or in case of plats heretofore filed, then 
prior to September 11, 1913, to obtain a lease of the harbor 
area abutting his tide land or shore land for a thirty-year 
period, and every lease obtained by virtue of the exercise of 
such preference right shall conform to the provisions of the 
state constitution and shall provide that the harbor area 
described therein, or such a reasonable portion thereof as shall 
be designated by the port commission of such port district, 
having in view the requirements of the business proposed to be 
carried on thereon, shall be improved upon plans approved by 
such port commission, the construction of such improvement to 
be commenced within such time as may be fixed in each case by 
such port commission, such time to be in no case less [more] than 
two years from the date of such lease and be completed within 
5 



130 STATE LAND LAWS 

SECS. 157-158 PORT DISTRICTS. 

such reasonable time thereafter as such port commission shall fix 
in each case, any of which such times so fixed may be thereafter 
extended by such commission, the character of which improve- 
ments may, with the approval of the port commission, be 
changed either before or after completion, but in all cases where 
the abutting owner or one claiming under him had prior to 
February 22, 1913, built upon such area, his improvements 
shall, so far as otherwise conforming to the provisions of the 
state constitution, be recognized and accepted as a sufficient 
compliance with the requirements of this act so far as concerns 
the area covered thereby, and as to uncovered area such im- 
provements shall be given the same consideration as in other 
cases. (Laws '13, p. 585, sec. 2; 3 Rem.-Bal., sec. 6781-2.) 

Abutter's preference right to purchase tide lands: sec. 90 et seq., 
supra. 

SEC. 157. SAME RENTAL. 

Every lease obtained by virture of such preference shall 
further provide that the annual rental to be paid shall be a 
sum equal to two per cent, of the assessed valuation for the year 
preceding the date of such lease of an equal area of adjoining 
or abutting shore or tide lands, exclusive of improvements 
thereon, and where the adjoining or abutting strip of shore 
or tide lands is of less width than the harbor area, a value 
proportional to said width : Provided, That the foregoing pro- 
vision fixing the rate of rental shall not extend beyond December 
31, 1928, but all rentals after that date 'shall be subject to be 
controlled and fixed in the manner and by the public authority 
or authorities then provided by law for the same. (Laws '13, 
p. 585, sec. 2; 3 Rem.-Bal., sec. 6781-2.) 

SEC. 158. SAME NO DAMAGES FOR APPROPRIATION OF THE 
RIGHT. 

It shall not be necessary for any public corporation propos- 
ing to make use of any such harbor area to acquire by con- 
demnation or otherwise the preference right hereby granted 
relating thereto, but nothing herein contained shall be con- 
strued to deprive any party to any such condemnation proceed- 



STATE LAND LAWS 
LEASE HARBOR AREA. SECS. 159-160 

ing of any damages to which he would have been entitled if this 
act had not been passed. (Laws '13, p. 585, sec. 2; 3 Rem.- 

Bal., sec 6781-2.) 

See notes to sec. 151, supra, and sec. 250, post. 

SEC. 159. BOND FOR RENTAL CANCELLATION OF LEASE. 

The port commission shall require of every lessee under this 
act* a bond with sufficient surety, to be approved by the port 
commission, in such penalty, and not exceeding twice the amount 
of the annual rental, but in no case less than five hundred dol- 
lars, as may be prescribed by the port commission, conditioned 
for the payment by the lessee of the rerital reserved in his lease 
at or prior to the time of payment therein specified, during 
the term of such lease or during such part thereof as the port 
commission in its discretion shall require to be covered by such 
bond; and in case only a part of the term of such lease shall 
be covered thereby, said port commission shall require of such 
lessee another like bond, to be executed and delivered within 
three months and not less than one month prior to the expira- 
tion of the period covered by the previous bond, covering the 
remainder of the term of the lease, or such part thereof as the 
port commission in its discretion shall require to be covered 
thereby. The port commission shall have power at any time to 
summon sureties upon any bond and to examine into the 
sufficiency thereof, and if it shall find the same to be insufficient 
it shall require the lessee to file a new and sufficient bond within 
thirty days after receiving notice so to do, under penalty of 
cancellation of the lease; and the port commission shall have 
power upon sixty days' notice to cancel any lease for a sub- 
stantial breach by the lessee of any of the conditions thereof, or 
for lack of a bond therewith as herein required. (Laws '13, p. 
587, sec. 3; 3 Rem.-Bal, sec. 6781-3.) 

*Secs. 155-161. 

Bonds under leases outside of port districts: sec. 147, ante. 

SEC. 160. RATES OF WHARFAGE POWER TO REGULATE. 

Notwithstanding any such lease now or hereafter existing the 
state shall ever retain and does hereby reserve the right to regu- 



STATE LAND LAWS 
SECS. 161-163 LEASE OF WATERWAY. 

late the rates of wharfage, dockage or other tolls to be imposed 
by the lessee or his assigns upon commerce for any of the pur- 
poses for which the leased area may be used, and the right to 
prevent extortion and discrimination in such use thereof. 

(Laws '13, p. 587, sec. 3; 3 Rem.-BaL, sec. 6781-3.) 

This is a part of the act relating to leases of harbor area in port 
districts. Compare sec. 153, ante, and Laws '11, p. 568, sec. 46 et seq. 

SEC. 161. REINSTATEMENT OF CANCELED LEASES. 

The lessee under any lease now existing of harbor area 
situate in a port district, which shall be cancelled or annulled 
for any reason, shall, upon such cancellation or annullment, 
have, for ninety days thereafter, a preference right to a new 
lease, for the remainder of the term of the lease cancelled or 
annulled, upon the terms and conditions provided in sections 
156 and 159; but in all cases where any cancelled or annulled 
lease contained provisions relating to the right of the state 
to annul or cancel the same, like provisions shall be incorporated 
in any new lease covering in whole or in part the same area. 

(Laws '13, p. 588, sec. 4; 3 Rem.-BaL, sec. 6781-4.) 

Cancellation of leases: sec. 147, supra. 



CHAPTER 15. 



LEASE OF WATERWAY MARGINS. 
SEC. 163. Waterways: Portions May Be Leased. 

164. Preference Right of Abutter. 

165. Street Extensions in: Control. 

166. Rental, How Determined. 

167. Appropriation of Preference Right. 

168. Cancelation of Lease; Bond. 

169. Port Districts Control; Use of Rental. 
Cross-References : LEASE OP HARBOR AREA: sec. 147 et seq, 

ante; ESTABLISHMENT OF WATERWAYS: sec. 273 et seq., post. 

SEC. 163. WATERWAYS MAY BE LEASED. 

Whenever, in any waterways created under the laws of the 
State of Washington, the government of the United States 
shall have established pierhead lines in said waterway at any 



STATE LAND LAWS 133 

PREFERENCE RIGHT. SEC. 164 

distance from the boundaries thereof established by the state, 
no structure shall be allowed in the strip of waterway between 
the boundary and the nearest pierhead line except by the con- 
sent of the State Land Commissioner* and upon plans approved 
and terms and conditions fixed by him, and then only for such 
period of use as shall be designated by him, but any permit 
shall not extend for a longer period than thirty years. (Laws 
'13, p. 582, sec. 1; 3 Rem.-Bal., sec. 6781.) 

* Port Commission in port districts: sec. 169, post. 

Lease of waterways in filling districts: Laws '13, p. 42, sec. 17. 

Establishment and reservation of waterways: sec. 273 et seq., post. 

Taxation of leaseholds: sec. 327, post. 

Special act for Ilwaco waterways: sec. 525 et seq., post. 

The erection of structures in the navigable waters of a state depends upon 
the joint or concurrent assent of both the national and state governments : hence, 
the establishment of the government pierhead line beyond the state's pierhead 
line does not authorize the building of structures beyond the state's line : Wilson 
v. Ore.-Wash. R. & N. Co., 71 Wash. 102. 

SEC. 164. PREFERENCE RIGHT TO ABUTTER I IMPROVEMENT. 
The owner of land abutting upon either side of any such 
waterway shall have the right, if application be made therefor 
prior to September 11, 1913, to obtain such a permit for a 
thirty-year term, and every permit obtained by virtue of the 
exercise of such right shall provide that the area described 
therein or such reasonable portion thereof as shall be designated 
by the State Land Commissioner,* having in view the require- 
ments of the business proposed to be carried on thereon, shall 
be improved upon plans approved by the State Land Commis- 
sioner,* the construction of such improvement to be commenced 
within such time as may be fixed in each case by the State Land 
Commissioner,* such time to be in no case less [more] than two 
years from the date of such permit, to be completed within such 
reasonable time thereafter as the State Land Commissioner* 
shall fix in each case, any of which times so fixed may be there- 
after extended by him, the character of which improvements may 
be changed either before or after completion with the consent of 
the State Land Commissioner,* but in all cases where the abut- 
ting owner or one claiming under him had prior to February 
22, 1913, built upon such area, his improvements shall be 



STATE LAND LAWS 
SECS. 165-167 WATERWAY LEASE RENTALS. 

recognized and accepted as a sufficient compliance with the re- 
quirements of this chapter so far as concerns the area covered 
thereby, and as to uncovered area such improvements shall be 
given the same consideration as in other cases. (Laws '13, p. 
582, sec. 1; 3 Rem.-Bal., sec. 6781.) 

* Port Commission in port districts: sec. 169, post. 

SEC. 165. AREA ABUTTING STREETS CONTROL OF. 

Nothing contained in this chapter shall confer upon, create 
or recognize in any abutting owner any right or privilege in 
or to any strip of waterway abutting any street and between 
prolongations of the lines of such street, "but the control of 
and the right to use such strip is hereby reserved to the State 
of Washington, except that in cases situate in a port district 
such control and use shall vest in such port district. (Laws 
'13, p. 582, sec. 1 ; 3 Rem.-Bal., sec. 6781.) 

Right to bridge waterways: sec. 243 et seq., post. 

Streets over waterways: sec. 311, post. 

SEC. 166. RENTAL UNDER PREFERENCE RIGHT PERMIT. 

Every permit obtained by virtue of the exercise of the right 
granted by section 164 shall further provide that the annual 
rental to be paid shall be a sum equal to two per cent, of the 
assessed valuation for the year preceding the date of such per- 
mit of an equal area of adjoining or abutting shore or tide 
lands, exclusive of improvements thereon, and where the adjoin- 
ing or abutting strip of shore or tide lands is of less width 
than the harbor area, a value proportional to said width: 
Provided, however, That the foregoing provision fixing the rate 
of rental shall not extend beyond December 31, 1928, but all 
rentals after that date shall be subject to be controlled and 
fixed in the manner and by the public authority or authorities 
then provided by law for the same. (Laws '13, p. 582, sec. 1 ; 
3 Rem.-Bal., sec. 6781.) 

SEC. 167. NO DAMAGES FOR APPROPRIATION OF PREFERENCE 
RIGHT. 

It shall not be necessary for any public corporation propos- 
ing to make use of any such strip of waterway to acquire by 
condemnation or otherwise the right granted by section 164 re- 



STATE LAND LAWS 135 

BOND FOR RENTAL. SEC. 168 

lating thereto, but nothing herein contained shall be construed 
to deprive any party to any such condemnation proceeding of 
any damages to which he would have been entitled if this 
chapter had not been passed. (Laws '13, p. 582, sec. 1 ; 3 

Rem.-BaL, sec. 6781.) 

Preference right to lease; how vested and nature of: see notes to 
sec. 151, ante. 

SEC. 168. BOND OF LICENSEE CANCELATION OF PERMIT. 

The State Land Commissioner* shall require of the holder 
of every permit under this chapter a bond with sufficient surety, 
to be approved by said commissioner,* in such penalty, and 
not exceeding twice the amount of the annual rental, but in 
no case less than five hundred dollars, as may be prescribed by 
said commissioner,* conditioned for the payment of the rental 
reserved in the permit at or prior to the time of payment therein 
specified, during the term of such permit or during such part 
thereof as said commissioner* in his discretion shall require to 
be covered by such bond ; and in case only a part of the term 
of such permit shall be covered thereby, said commissioner* 
shall require another like bond, to be executed and delivered 
within three months and not less than one month prior to the 
expiration of the period covered by the previous bond, covering 
the remainder of the term of the permit, or such part thereof 
as said commissioner* in his discretion shall require to be 
covered thereby. The said commissioner* shall have power at 
any time to summon sureties upon any bond and to examine 
into the sufficiency thereof, and if he shall find the same to 
be insufficient he shall require the holder of the permit to file a 
new and sufficient bond within thirty days after receiving notice 
so to do, under penalty of cancellation of the permit; and the 
said commissioner* shall have power upon sixty days' notice 
to cancel any permit for a substantial breach by the holder 
thereof of any of the conditions thereof, or for lack of a 
bond therewith as herein required. (Laws '13, p. 582, sec. 1 ; 
3 Rem.-Bal., sec. 6781.) 

* Port commission in pert districts: sec. 169, infra. 

Bonds with harbor area leases: compare sees. 147 and 159, ante. 



13(5 STATE LAND LAWS 

SECS. 169-170 WATERWAYS PORT DISTRICTS. 

SEC. 169. PORT COMMISSION TO CONTROL, WHEN DISPOSI- 
TION OF RENTALS. 

In any case where such waterway shall be within the terri- 
torial limits of a port district organized under the laws of the 
State of Washington, the duties herein assigned to the State 
Land Commissioner shall be exercised by the port commission 
of such port district, and in every case the rentals received shall 
be disposed of as follows : Seventy-five per cent shall be 
paid by the state treasurer to the county treasurer of the county 
wherein such port district is situated, for the use of said port 
district and twenty-five per cent, into the state treasury, 
except that in cases where the port district itself shall have con- 
structed or shall own structures or improvements situate upon 
such strip of waterway the entire rentals for such improved 
strip of waterway shall be paid directly to such county treasurer 
for the use of such port district. (Laws '13, p. 582, sec. 1 ; 3 
Rem.-Bal., sec. 6781.) 

Payment of money into state treasury: sec. 34 et seq., ante. 



CHAPTER 16. 



LEASE OP LANDS FOR OYSTER CULTURE. 
SEC. 170. Certain Lands Leased for Oyster Planting. 

171. Duplicate Plat and Description. 

172. Application; Inspection by Fish Commissioner. 

173. Hearing on Application; Notice; Terms of Lease. 

174. Description in Local Geography. 

175. Area and Use of Leased Lands. 

176. Limitation on Use; Reversion. 

177. Abandonment. 

178. Scope of Act. 

Cross-Ref erences : SALE OF OYSTER LANDS: sec. 114 et seq., 
ante; LEASE OF TIDE LANDS: sec. 142 et seq., ante; OYSTER RE- 
SERVES: sec. 355 et seq., post. 

SEC. 170. LEASING OF LANDS FOR OYSTER CULTURE. 

All lands in the waters of the State of Washington lying be- 
low extreme low tide, not covered by natural oyster beds, and 
not in front of any incorporated city or town nor within two 



STATE LAND LAWS 137 

LEASE OYSTER LAXD. SECS. 171-172 

miles on either side thereof shall be subject to lease, for the 
purpose of planting and cultivating thereon artificial oyster 
beds, under the provisions of this chapter. (Laws '99, p. 272, 
sec. 1 ; sec. 6808 Rem.-Bal. ; 373 sec. 79 Pierce.) 

NOTE: Section. 2 of this act granted to improvers of oyster lands a 
limited preference right to lease, which expired Sept. 16, '99. 

Planter's rights pending lease: sec. 368, post. 

Discoverer's rights: sec. 369, post. 

Natural beds to be reserved: sec. 359, post. 

A lessee of state tide lands is entitled to the exclusive possession thereof, 
and may maintain an action in his own name for trespass thereon : Sequim Bay 
Canning Co. v. Bugge, 49 Wash. 129. 

This chapter is not affected by sec. 155 et seq., ante, relating to the lease 
of tide lands in port districts : Opinion Att'y Gen'l, Sept. 30, '13. 

SEC. 171. SURVEY AND DESCRIPTION. 

Survey and description of all tracts applied for shall be in 
duplicate, one of which shall be filed with and be recorded by the 
county auditor of the county in which said lands are situated in 
a book kept by him for such special purpose, and a duplicate 
description in the office of the Commissioner of Public Lands. 
(Laws '99, p. 275, sec. 9; sec. 6816 Rem.-Bal.; 373 sec. 95 
Pierce.) 

See sec. 174, infra. 

SEC. 172. APPLICATION REFERENCE TO FISH COMMISSIONER. 

Applications for the lease of land for the cultivation of deep 
sea oysters under the provisions of this chapter shall be made 
to the Commissioner of Public Lands and shall be accompanied 
by a map or plat of the lands so to be leased. The Commis- 
sioner of Public Lands shall upon receipt of such application 
direct the Fish Commissioner to immediately inspect the lands 
applied for and report to the Commissioner of Public Lands his 
findings as to the following facts : 

First. Whether the land or any portion thereof is a natural 
oyster bed. 

Second. Whether it be necessary in order to secure adequate 
protection to any natural oyster bed to retain to the public do- 
main the land the application for the lease of which has been 
made or any part thereof. 



138 STATE LAND LAWS 

SECS. 173-174 OYSTER LAND LEASE. 

Third. Whether the land or any portion thereof having been 
a natural oyster bed within ten years past may reasonably be 
expected to again become such within ten years in the future. 
(Laws '99, p. 273, sec. 3; sec. 6810 Rem.-Bal. ; 373 sec. 83 
Pierce.) 

Natural beds to be reserved: sec. 359, post. 

SEC. 173. TERMS OF LEASE HEARING AS TO CHARACTER OF 
LAND PREFERENCE. 

In case all of the above three questions be answered nega- 
tively, the Commissioner of Public Lands shall immediately issue 
to the applicant therefor a lease for the term of twenty years of 
the lands so applied for at an annual rental of twenty-five cents 
per acre. Should the Fish Commissioner answer one or more of 
the above three questions affirmatively, the Commissioner of 
Public Lands shall investigate the matter at a public hearing in 
the county where the lands in question are situated. Due notice 
of such hearing shall be given by the said Land Commissioner by 
publishing a notice to that effect in some paper of general cir- 
culation in the county, at the expense of the applicant, not less 
than one week and not more than four weeks before the date of 
hearing. Unless at such hearing it be conclusively shown to the 
Commissioner of Public Lands that in the matters at issue the 
Fish Commissioner was in error, he shall refuse to lease such 
lands or such portion thereof as may be determined by the fore- 
going restrictions. Application for the lease of land thus with- 
held may not be made again within six years, except that the 
person last making application may repeat the application dur- 
ing the three months next preceding the expiration of the six 
years. (Laws '99, p. 273, sec. 4; sec. 6811 Rem.-Bal.; 373 
sec. 85 Pierce.) 

Taxation of leaseholds: sec. 327, post. 

SEC. 174. DESCRIPTION. 

All applications for the lease of oyster lands under this 
chapter shall, in addition to the surveyor's description by metes 
and bounds, make description in such local geography as shall 
suffice to convey a knowledge of its location with reasonable 



STATE LAND LAWS 139 

AREA USE FORFEITURE. SKCS. 175-177 

accuracy to persons acquainted with the vicinity. (Laws '99, p. 
274, sec. 5; sec. 6812 Rem.-Bal. ; 373 sec. 87 Pierce.) 

See sec. 171, supra. 

SEC. 175. LIMITATION OF AREA AFFIDAVIT OF INTENT. 

All applications for lease of oyster lands under the provisions 
of this chapter shall be for an area not to exceed forty acres to 
any one person, and such application shall be accompanied by 
an affidavit under oath, that the party making such application 
leases said lands for the purpose of oyster culture only. (Laws 
'99, p. 274, sec. 6; sec. 6813 Rem.-Bal. ; 373 sec. 89 Pierce.) 

SEC. 176. LIMITATION ON USE REVERSION. 

It shall be expressly provided in the lease of any such oyster 
land that if at any time after the granting of said lease the lands 
described therein shall cease to be used for the purposes of an 
artificial oyster bed, it shall thereupon revert to, and become the 
property of the State of Washington, and that the same is 
leased to the lessee only for the purposes of cultivating oysters 
thereon, and the State of Washington hereby reserves the right 
to enter upon and take possession of said tract or tracts, if at 
any time the same is used for any other purpose than the cultiva- 
tion of oysters. (Laws '99, p. 274, sec. 7; sec. 6814 Rem.- 
Bal.; 373 sec. 91 Pierce.) 

SEC. 177. ABANDONMENT. 

If from any cause any tract or tracts, parcel or parcels of 
land leased under the provisions of this chapter, shall become 
unfit and valueless for the purpose of oyster culture, the party 
having so leased or being in possession of the same, may, upon 
certifying such fact under oath to the Commissioner of Public 
Lands and to the auditior of the county wherein such lands are 
situated, also upon filing under oath a certificate of abandonment 
of such tract or tracts, parcel or parcels of land, in the office of 
each of said officials, such party shall then be entitled to lease 
other lands as hereinbefore provided. (Laws '99, p. 275, sec. 10 ; 
sec. 6817 Rem.-Bal. ; 373 sec. 97 Pierce.) 



140 STATE LAND LAWS 

SECS. 178-180 MINING LEASE. 

SEC. 178. CONSTRUCTION OF ACT. 

This chapter shall in no manner apply to the provisions of any 
act heretofore enacted by the Legislature of the State of Wash- 
ington providing for the sale of tide and shore lands for the 
purpose of oyster planting and the manner of taking oysters 
from said tide land beds. (Laws 7 99, p. 275, sec. 8 ; sec. 6815 
Rem.-Bal. ; 373 sec. 93 Pierce.) 

Sale of lands for oyster cultivation: sec. 114 et seq., ante. 



CHAPTER 17. 

MINING LEASES AND CONTRACTS. 

SEC. 180. Mining Rights May Be Leased. 

181. Claims to Be Located. 

182. Lode Defined. 

183. Location Notice. 

184. Requisites of Location. 

185. Tunnel or Shaft at Discovery. 

186. Same Not Required in Western Washington. 

187. Placer Claims; Manner of Location. 

188. Application for Lease. 

189. Lease: Rental and Conditions. 

190. Use of Timber. 

191. Re-Lease. 

192. Contract. 

193. Royalty Under Contract. 

Cross-Reference : Lease for Oil and Gas Mining: sec. 194, et seq., 
post. 

SEC. 180. PROSPECTING LEASES AUTHORIZED. 

The Commissioner of Public Lands of the State of Washington 
is hereby authorized to execute leases and contracts for the 
mining of gold, silver, copper, lead, cinnabar or other valuable 
minerals except coal, from any land now belonging to the state or 
from any lands to which the state may hereafter acquire title, 
subject to the conditions hereinafter provided. (Laws '97, p. 
293, sec. 1 ; sec. 6782 Rem.-Bal. ; 477 sec. 273 Pierce.) 

Minerals reserved in sales of state lands: sec. 85, supra. 

Leasing of school and granted lands for agriculture: sec. 128 et seq., 
ante. 

Leasing for oil and gas mining: sec. 194 et seq., post. 

Sale of building stone and valuable materials: sec. 71, ante. 



STATE LAND LAWS 14,1 

MINING LOCATION. SECS. 181-182 

Under this act, the Commissioner of Public Lands may issue mining leases 
upon Capitol Building lands, notwithstanding the acts of '09 and '11 (post, sees. 
425-433) vesting the State Capitol Commission with exclusive power to lease 
and sell such lands : Opinions Att'y Gen'l, '11-'12, p. 355. 

Salt is a mineral within the purview of this section : Opinions Att'y Gen'l, 
'05-'06, p. 413. 

And fire clay : Opinions Att'y Gen'l, '07-'08, p. 532 ; '01-'02, p. 346. 

Hone stone is not : id., '07-'08, p. 30. 

In addition to the usually accepted meaning of the term, lands containing 
the following substances have been held by the general land office of the United 
States to be mineral lands and to be subject to entry under the mining laws : As- 
phaltum ; mineral hydrocarbons ; borax ; nitrate and carbonate of soda ; sulphur 
and alum ; kaolin or china clay ; mica ; diamonds ; umber ; gypsum ; cement ; lime- 
stone ; marble; clay (but not brick clay) ; roofing slate: Lindley on Mines (2nd 
ed.) sec. 97. 

A deposit of limestone is not locatable as a mining claim : Wheeler v. Smith, 
5 Wash. 704 ; same 23 Land. Dec. 395. 

As to what are minerals under Const., Art. II, sec. 33, permitting alien 
ownership of mineral lands, see State ex rel. Atkinson v. Evans, 46 Wash. 219. 

The issuance of a mining lease to a qualified applicant is not discretionary 
with the commissioner : State ex rel. Pindall v. Ross, 55 Wash. 242. 

Tide and shore lands are not included in the term "any lands of the state" 
and may not be leased under the provisions of this chapter : Opinion Att'y 
Gen'l, Oct. 7, '13. 

SEC. 181. LOCATION AS ON GOVERNMENT LAND. 

The manner of locating a mineral claim upon state land shall 
be similar to the state law regulating locating mineral claims on 
government land. (Laws '97, p. 293, sec. 3; sec. 6784 Rem.~ 

Bal. ;477 sec. 277 Pierce.) 

Location on government lands: sees. 182-187, infra. 

Location under Federal statutes on government lands: See 2 Rem- 
ington's Digest, pp. 1901-03, sees. 1-12. 

The limit of area which may be located on government land is en- 
larged, as to state lands: sec. 188, infra. 

NOTE: Prior locators were given a limited preference right to lease 
by the following clause in this section: 

Any citizens that have found minerals on state lands previous to 
the passage of this act and have posted up notice setting forth the di- 
mensions according to the mining law of the United States and the 
State of Washington, shall have prior right to lease the same, and shall 
have ninety (90) days after the passage of this act to make application 
to the Commissioner of Public Lands for a lease. 

SEC. 182. LODE DEFINED. 

The term "lode" as used in this chapter shall be construed to 
mean ledge, vein or deposit. (Laws '99, p. 70, sec. 4 ; sec. 7361 
Rem.-Bal. ; 345 sec. 21 Pierce.) 

Sees. 182-187 are from the laws regulating location on government 
lands. 



STATE LAND LAWS 
SECS. 183-184 MINERAL LANDS LOCATION. 

SEC. 183. NOTICE OF LOCATION CONTENTS RECORDING. 

The discoverer of a lode shall within ninety days from the date 
of discovery, record in the office of the auditior of the county 
in which such lode is found, a notice containing the name or 
names of the locators, the date of the location, the number of 
feet in length claimed on each side of the discovery, the general 
course of the lode and such a description of the claim or claims 
located by reference to some natural object or permanent 
monument as will identify the claim. (Laws '99, p. 69, sec.l ; 
sec. 7358 Rem.-Bal. ; 345 sec. 15 Pierce.) 

See sec. 182, ante, and note. 

Cited : 56 Wash. 636 ; 57 Wash. 575. 

SEC. 184. MANNER OF LOCATION. 

Before filing such notice for record, the discoverer shall locate 
his claim by first sinking a discovery shaft upon the lode, to the 
depth of ten feet from the lowest part of the rim of such shaft 
at the surface, and shall post at the discovery at the time of 
discovery a notice containing the name of the lode, the name of 
the locator or locators, and the date of discovery, and shall mark 
the surface boundaries of the claim by placing substantial posts 
or stone monuments bearing the name of the lode and date of 
location ; one post or monument must appear at each corner 
of such claim; such posts or monuments must not be less than 
three feet high ; if posts are used they shall not be less than four 
inches in diameter and shall be set in the ground in a substantial 
manner. If any such claim be located on ground that is covered 
wholly or in part with brush or trees, such brush shall be cut 
and trees be marked or blazed along the lines of such claim to 
indicate the location of such lines. (Laws '99, p. 69, sec. 2 ; 
sec. 7359 Rem.-Bal. ; 345 sec. 17 Pierce.) 

See sec. 182, ante, and note. 

Cited : 45 Wash. 61 ; 57 Wash. 575. 

See 2 Remington's Digest, pp. 1901-1903, sees. 1-12 ; Vol. 4, pp. 709-711, 
sees. 1-12. 

The location is not required to conform to government subdivisional lines : 
State ex rel. Pindall v. Ross, 55 Wash. 242. 

A locator who fails to erect monuments defining the boundaries of his 
claim, assumes the risk of intervening rights of third parties : Protective Min. 
Co. v. Forest City 91 in. Co., 51 Wash! 643. 



STATE LAND LAWS 143 

MINING LOCATION. SECS. 185-187 

SEC. 185. TUNNEL EQUIVALENT TO SHAFT. 

Any open cut or tunnel having a length of ten feet, which 
shall cut a lode at the depth of ten feet below the 
surface, shall hold such lode the same as if a discovery 
shaft were sunk thereon, and shall be equivalent thereto. (Laws 
'99, p. 70, sec. 4; sec. 7360 Rem.-Bal. ; 345 sec. 19 Pierce.) 

See sec. 182, ante, and note. 

SEC. 186. NO DISCOVERY SHAFTS WEST OF CASCADES. 

The provision of section 184 relating to discovery shafts, shall 
not apply to any mining location west of the summit of the 
Cascade mountains. (Laws '99, p. 71, sec. 9 ; sec. 7366 Rem.- 
Bal. ; 345 sec. 31 Pierce.) 

Cited: ,54 Wash. 622; 57 Wash. 575. 
SEC. 187. LOCATION OF PLACER CLAIMS. 

The discoverer of placers or other forms of deposits subject 
to location and appropriation under mining laws applicable to 
placers shall locate his claim in the following manner: 

First. He must immediately post in a conspicuous place at 
the point of discovery thereon, a notice or certificate of location 
thereof containing (a) the name of the claim; (b) the name 
of the locator or locators ; (c) the date of discovery and posting 
of the notice hereinbefore provided for, which shall be considered 
as the date of the location ; (d) a description of the claim by 
reference to legal subdivisions of sections, if the location is made 
in conformity with the public surveys, otherwise, a description 
with reference to some natural object or permanent monuments 
as will identify the claim; and where such claim is located by 
legal subdivisions of the public surveys, such location shall, 
notwithstanding that fact, be marked by the locator upon the 
ground the same as other locations. 

Second. Within thirty days from the date of such discovery 
he must record such notice or certificate of location in the office 
of the auditor of the county in which such discovery is made, and 
so distinctly mark his location on the ground that its boundaries 



STATE LAND LAWS 
SECS. 188-190 MINING LEASE. 

may be readily traced. (Laws '99, p. 71, sec. 10; amended, 
Laws '01, p. 292, sec. 1; sec. 7367 Rem.-Bal. ; 345 sec. 33 
Pierce.) 

Cited : 71 Wash. 305. 
SEC. 188. APPLICATION FOR LEASE AREA. 

Any citizen of the United States finding precious minerals 
upon any lands belonging to the State of Washington may ap- 
ply to the Commissioner of Public Lands for a lease of any 
amount not to exceed eighty acres for prospecting purposes, 
provided that said applicant has posted up location notice and 
set corner posts and marked boundary lines as required by the 
mining laws of the State of Washington. (Laws '97, p. 293, 
sec. 2; amended, Laws '01, p. 313, sec. 1 ; sec. 6783 Rem.-Bal. ; 

477 sec. 275 Pierce.) 

Manner of locating: sees. 181-187, supra. 

NOTE: A proviso to this section permitted holders of outstanding 
leases to change the boundaries of their claims so as to conform to sec- 
tion lines. 

Cited : 55 Wash. 244 ; 56 Wash. 75. 

The lease need cover no more than the claim as located, and such location 
is not required to conform to the government subdivision lines : State ex rel. 
Pindall v. Ross, 55 Wash. 242. 

SEC. 189. RENTAL TERM CONDITIONS. 

Before any lease shall be granted the applicants shall pay to 
[the Commissioner of Public Lands for] the State 
Treasurer the sum of five dollars for each forty acres 
or fraction thereof. The holder of a mineral lease, secured as 
above stated, shall have two years to develop said mine or mines : 
Provided, That no more than five tons of ore shall be removed 
therefrom for assaying or testing purposes until a contract, as 
provided in section 192, shall have been executed. (Laws ? 97, 
p. 293, sec. 5; amended, Laws '01, p. 313, sec. 2; sec. 6786 
Rem.-Bal.; 477 sec. 281 Pierce.) 

Taxation of leaseholds: sec. 327, post. 

SEC. 190. TIMBER PRIVILEGES. 

The lessee may cut and use the timber found upon said premises 
for fuel and construction of buildings, required in the operation 
of any mine or mines on the premises ; also the timber necessary 



STATE LAND LAWS 145 

MINING CONTRACT. SECS. 191-192 

for drains, tramways and supports for such mine or mines, 
and for no other purpose. (Laws '97, p. 293, sec. 4 ; sec. 6785 
Rem.-Bal. ; 477 sec. 279 Pierce.) 

SEC. 191. SECOND LEASE. 

Within sixty days prior to the expiration of the lease, the 
lessee may apply to the Commissioner of Public Lands for a new 
lease. Therefore [thereupon] the Commissioner of Public Lands 
shall give said applicant a prior right, and shall, upon the ex- 
piration of the old lease issue a new lease to the former lessee 
on terms as may be provided by law. (Laws '01, p. 314, sec. 4 ; 
sec. 6790 Rem.-Bal. ; 477 sec. 287 Pierce.) 

SEC. 192. CONTRACT FOR MINING FORM. 

At any time prior to the expiration of said lease, the lease- 
holder, or any assignee thereof, shall have the right to obtain 
from the said Commissioner of Public Lands a contract which 
shall bind the State of Washington as the party of the first part, 
and the person, persons or corporations to whom said contract 
shall issue as the party of the second part, in a mutual oberv- 
ance of the obligations and conditions as specified therein. (The 
contract provided for in this chapter shall be as follows : "This 

indenture made this . . . day of , A. D., one thousand 

eight hundred and . . . , by and between the State of Washington, 

party of the first part, and , party of the 

second part, WITNESSETH, That the party of the first part, in 
consideration of the sum of ten dollars to it in hand paid by the 
party of the second part, being the first annual payment as 
provided for in chapter 102, section 7, of the Session Laws of 
1897, the receipt whereof is hereby acknowledged, and in further 
consideration of the covenants and conditions herein contained, 
to be kept and performed by the part ... of the second part, does 
hereby contract, lease and demise to the part ... of the second 
part for a term of thirty years from and after the .... day 
of , one thousand eight hundred and , the follow- 
ing described land situated in the county of , in the 

State of Washington, viz. : , which 



14(5 STATE LAND LAWS 

SEC. 192 MINING CONTRACT. 

premises are leased to the part. . . of the second part for the 
purposes of exploring for, mining, taking out and removing 
therefrom the merchantable shipping ore, containing copper, 
lead, silver, gold and other minerals, which is or which hereafter 
may be found on, in or under said land, together with the right 
to construct all buildings, make all excavations, openings, 
ditches, drains, railroads, wagon roads, smelters and other im- 
provements upon said premises, which are or may become neces- 
sary or suitable for the mining or removal of ore containing 
copper, lead, silver, gold or other minerals from said premises, 
with the right, during the existence of this lease, .to cut and use 
the timber found upon said premises for fuel, and so far also as 
may be necessary for the construction of buildings required in 
the operation of any mine or mines, on the premises hereby leased, 
as also the timber necessary for drains, tramways and supports 
for such mine or mines : Provided, however, That the part ... of 
the second part shall have the right at any time to terminate this 
agreement in so far as it requires the part ... of the second part 
to mine ore on said lands, or to pay a royalty therefor, by giving 
written notice to the party of the first part, which shall be served 
by leaving the same with the Commissioner of Public Lands, who 
shall officially, in writing, acknowledge the receipt of said notice 
and the foregoing lease shall terminate sixty days thereafter, 
and all arrearages and sums which may be due under the same 
up to the time of its termination, as set forth in said notice, shall 
be paid upon settlement and adjustment thereof. The party of 
the first part further agrees that the part. . of the second part 
shall have the right under this agreement to contract with others 
to work such mine or mines, or any part thereof, or to sub-con- 
tract the same, and the use of the said land or any part thereof, 
for the purpose of mining for ore, with the same rights and 
privileges as are herein granted to the said part ... of the second 
part." (Laws '97, p. 294, sec. 6 ; amended, Laws '99, p. 337, 
sec. 1 ; sec. 6787 Rem.-Bal. ; 477 sec. 283 Pierce.) 

The payment of $10.00 is required only upon the issuance of the contract, 
and subsequent payments are to be made upon royalty basis exclusively : Opinions 
Att'y Gen'l, '11-'12, p. 96. 



STATE LAND LAWS 
OIL LEASE. SECS. 193-194 

Since sec. 18&, supra, restricts each locator to a claim not exceeding 80 
acres in area, it is improper to issue a contract for a greater area to one 
holding several leases by assignment, although there is nothing to prevent the 
issuance of separate contracts to the assignee of several leases : Opinion Att'y 
Gen'l, Aug. 22, '13. 

Failure of the contract-holder to diligently and in good faith mine the 
lands covered by his contract warrants a forfeiture of his rights thereunder : 
idem. 

SEC. 193. SAME ROYALTY. 

The terms and conditions on which the same may be mined shall 
be agreed upon by the Commissioner of Public Lands and the 
lessee : Provided, "That a royalty be paid to the state on the 
value of the gross output to an amount not less than two per 
cent, thereof and not more than five per cent, thereof; said 
royalty to be paid according to the provisions made in said 
lease." (Laws '97, p. 294, sec. 7; amended, Laws '01, p. 314, 
sec. 3; sec. 6788 Rem.-Bal. ; 477 sec. 285 Pierce.) 

Cited: 31 Wash. 494. 



CHAPTER 18. 



LEASING OF PETROLEUM AND NATURAL GAS LANDS. 

SEC. 194. Leases Authorized for Oil and Gas Mining. 

195. Application; Limit of Area. 

196. Same; How Made. 

197. Rental, Royalty and Term. 

198. Reports and Accounting; Forfeiture. 

199. Operation Required. 

200. Damages to Existing Leasehold. 

SEC. 194. LEASES AUTHORIZED FOR OIL AND GAS MINING. 

The Commissioner of Public Lands of the State of Washing- 
ton is hereby authorized to execute leases and contracts for the 
mining and extraction of petroleum and natural gas from any 
land belonging to the state or from any lands in which the state 
may hereafter acquire title, subject to the conditions hereinafter 
provided. (Laws '01, p. 218, sec. 1; sec. 6791 Rem.-Bal.; 477 

sec. 257 Pierce.) 

Mineral leases: sec. 180 et seq., supra. 

Leases generally: sec. 128 et seq., supra. 

Except as to lands already under agricultural lease, the Commissioner of 
Public Lands is without discretion to grant or deny a lease to a qualified 
applicant under this chapter. Opinion Att'y Gen'l, Feb. 15, '13. 



148 STATE LAND LAWS 

SECS. 195-197 OIL AND GAS LEASE. 

This chapter has no application to state lands which have been sold with the 
reservation of oil and gas required by sec. 85, supra : Opinion Att'y Gen'l, Feb. 
15, '13. 

The term "any lands belonging to the state" does not include tide or shore 
lands, and the same may not be leased under the provisions of this chapter : 
Opinions Att'y Gen'l, Oct. 7, '13 ; Dec. 4, '13. 

Nor does it include the beds of navigable waters although these belong to 
the state : idem, Sept. 17, '13. 

SEC. 195. APPLICATION FOR LEASE. 

Any citizen of the United States finding petroleum or natural 
gas upon any lands belonging to the State of Washington may 
apply to the Commissioner of Public Lands for a lease of any 
amount of such land not to exceed one section. (Laws '01, p. 
218, sec. 2; sec. 6792 Rem.-Bal.; 477 sec. 259 Pierce.) 

Neither by direct lease nor assignment may one person or corporation ac- 
quire a leasehold in an area of state lands, except Capitol Building lands, 
greater than one section, under Enabling Act, sec. 585, post, and sec. 1, Art. 
XVI, Const., ante : Opinion Att'y Gen'l, Feb. 15, '13. 

SEC. 196. MANNER OF APPLYING. 

Application shall be made in like manner as the application is 
made for the leasing of agricultural lands. (Laws ? 01, p. 218, 

sec. 3 ; sec. 6793 Rem.-Bal. ; 477 sec. 261 Pierce.) 
Application for agricultural lands; sec. 128, ante. 
The special deposit required of an applicant for agricultural lease (sec. 128 

ante), is not necessary with applications under this chapter: Opinion Att'y Gen'l, 

Feb. 15, '13. 

SEC. 197. RENTAL TERM. 

No lease shall be made by the state for any sum less than 
twenty-five dollars per quarter section of land for each year 
during the term of said lease, and in addition thereto the 
said lease shall provide that the state shall" be entitled to receive 
a sum not less than ten per cent, of the gross value of all pe- 
troleum and natural gas extracted therefrom during the term of 
the said lease, payable semi-annually during said term. The term 
of said lease to be any term not to exceed ten years. (Laws '01, 

p. 218, sec. 4 ; sec. 6794 Rem.-Bal. ; 477 sec. 263 Pierce.) 

Fee for issuance of lease: sec. 32, ante. 

Rights of assignee: sec. 109, ante. 

A lease under this act makes a disposition of the land, and a term longer 
than five years is prohibited by sec. 1, Art. XVI, Const., ante, and Enabling 
Act, sec. 585, post, in the case of any granted lands except capitol building 
lands : Opinion Att'y Gen'l, Feb. 15, '13. 



STATE LAND LAWS 149 

LESSEE'S ACCOUNTS. SECS. 198-199 

SEC. 198. REPORTS AND ACCOUNTING OF LESSEE. 

Persons leasing lands under the provisions of this chapter 
shall mine, take out, keep, maintain, ship and sell all petroleum 
and natural gas mined upon or taken from the lands so leased, 
separate and distinct from all like products taken from other 
lands, and shall submit to the Commissioner of Public Lands, at 
stated periods to be fixed by said commissioner, a statement show- 
ing the total product taken from said leased lands, the total ship- 
ments of such products, and an account showing the sales of all 
such products. The Commissioner shall make all necessary rules 
and regulations necessary to carry out the provisions of this 
chapter, and to protect the interests of the state. The books and 
accounts of every person leasing lands under the provisions of 
this chapter shall be open to inspection by the State Land Com- 
missioner, or such persons as he may designate at all times, and 
the property leased, together with all buildings, machinery, 
storage tanks and appliances of every kind and nature whatso- 
ever, shall be subject to inspection and examination by the Land 
Commissioner. The reports required under this chapter shall be 
made under oath, upon forms prescribed by the commissioner. 
Failure on the part of any lessee hereunder to comply with the 
terms and conditions of this chapter, or of his lease, shall forth- 
with work a forfeiture of the lease. No such forfeiture may be 
waived. The Commissioner of Public Lands shall incorporate 
in every such lease such other provisions and conditions not in- 
consistent with the provisions and conditions contained in this 
chapter as may in his judgment be advantageous to the state. 
(Laws '01, p. 219, sec. 5 ; sec. 6795 Rem.-Bal. ; 477 sec. 265 

Pierce.) 

See next section. 

Forfeiture of leases, generally: sec. 135, ante. 

SEC. 199. LANDS MUST BE WORKED. 

All leases under the terms of this chapter shall be deemed to be 
void and of no effect unless the lessee or his assigns shall com- 
mence the work of drilling or boring for petroleum oil and gas 
within the period of one year from and after the date of the exe- 



150 STATE LAND LAWS 

SEC. 200 OIL AND GAS LEASE. 

cution of such lease : And provided further, That such work shall 
proceed continuously and at no time cease for a greater period 
than ninety days: Provided, That whenever oil and natural 
gas be discovered by such work in paying quantities then no 
further work need be done under the terms of such lease than to 
mine, secure and store the same, but failure to operate after dis- 
covery of oil or natural gas in paying quantities for any period 
of ninety consecutive days shall work a forfeiture of the lease. 
(Laws '01, p. 220, sec. 7; sec. 6797 Rem.-Bal. ; 477 sec. 269 
Pierce.) 

SEC. 200. PAYMENT OF DAMAGES TO PRIOR LESSEE. 

If land is leased by the state upon which an existing lease for 
agricultural purposes is held by some person other than the lessee 
under the terms of this chapter that the lessee hereunder shall 
pay to such person so holding said land under lease for agricul- 
tural purposes reasonable compensation for any and all damage 
sustained by him to growing crops or for the use of said premises 
during the development of the said petroleum and natural gas 
lands by mining and boring and holding possession thereof. 
(Laws '01, p. 220, sec. 8; sec. 6798 Rem.-Bal.; 477 sec. 271 
Pierce.) 

Sec. 6 of this act, giving to holders of agricultural leases a limited prefer- 
ence right to apply for leases under this act, is obsolete : Opinion Att'y 
Gen'l, Feb. 15. '13. 

Before issuing a lease under this act, the commissioner may require of the 
applicant a waiver of damages by the holder of an agricultural lease : idem. 



STATE LAND LAWS 
RIGHTS OF WAY. SEC. 201 



CHAPTER 19. 



RIGHTS OF WAY AND OTHER EASEMENTS. 

SEC. 201. Rights of Way Subject to Common Use. 

202. LOGGING ROAD: Right of Way Granted. 

203. STATE ROAD : Right of Way Granted. 

204. ROADS AND STREETS: Right of Way Granted. 

205. IRRIGATION DITCH: Right of Way Granted. 

206. Application; Width. 

207. Appraisement of Value. 

208. Effect of Grant. 

209. Construction of Act. 

210. TRANSMISSION AND PIPE LINES: Right of Way. 

211. Application; Width. 

212. Appraisement of Value. 

213. Duration and Effect of Easement. 

214. Construction of Act. 

215. RAILROAD: Right of Way Granted. 

216. Board of Appraisers. 

217. Appraisement of Value. 

218. Appraisement of Improvements. 

219. Notice of Appraisement. 

220. Appeal from Appraisement. 

221. Effect of Grant. 

222. Construction of Act. 

223. May Bridge Navigable Streams. 

224. Railroads and Canals: Rights Granted. 

225. OVERFLOW OF STATE LANDS: Right Granted. 

226. Application and Appraisement. 

227. Payment of Damages. 

228. Cities May Use Beds and Shores. 

229. Water Districts May Use Beds and Shores. 

230. DAMS: Beds and Shores Granted. 

231. Limitation on Grant. 

232. DIKING DISTRICTS: Grant of Reclaimed Lands. 

234. WHARVES: Right of Way Granted to Counties. 

235. Application and Grant. 

236. Riparian Owner: License to Build. 

237. DIVERSION WORKS: Riparian Owner May Build. 

238. WATERWAY DISTRICTS: Beds and Shores Granted. 

239. UNITED STATES: Use of Tide and Shore Lands. 

240. Deed of Same. 

241. Reversion. 

242. Additional Grant. 



STATE LAND LAWS 
SECS. 201-202 LOGGING ROADS. 

SEC. 243. BRIDGES OVER WATERWAYS: Cities and Carriers. 

244. Approval of Plans: Alterations. 

245. COMMERCIAL WATERWAYS: State Lands Subject to. 
Cross-Reference: Appropriation of State Lands Under Eminent Do- 
main: sec. 246 et seq., post. 

SEC. 201. COMMON USER OF RIGHTS OF WAY. 

Every grant, deed, conveyance, lease or contract hereafter 
made to any person, firm or corporation over and across any 
state lands for the purpose of right of way for any private rail- 
road, skid road, flume, canal, water course or other easement 
to be used in the hauling of timber, stone, mineral or other 
products of the land, shall be subject to the right of the state or 
any grantee thereof or other person owning or hereafter acquir- 
ing any lands containing valuable timber, stone, mineral or other 
products contiguous to or in proximity thereto, or hereafter 
acquiring the timber, stone, mineral or other product situate 
upon state lands so contiguous or in close proximity to the said 
lands, over which said right of way or easement is acquired [to 
have] having such timber, stone, mineral or other product trans- 
ported or moved over such railroad, skid road, flume, canal, 
watercourse or other easement after the same is or has been put 
in operation upon paying therefor just and reasonable rates for 
transportation or for the use of such railroad, skid road, flume, 
canal, watercourse or other easement and upon complying with 
just, reasonable and proper rules affecting such transportation, 
which rates, rules and regulations shall be under the supervision 
and control of the railroad commission of Washington. (Laws 
'11, p. 507, sec. 2; 3 Rem.-BaL, sec. 6831-2; 171 sec. 199 
Pierce.) 

SEC. 202. LOGGING ROADS. 

Any person, corporation or association engaged in the busi- 
ness of logging shall have a right of way, over public lands 
when necessary, for the purpose of hauling or removing timber 
from other lands, but permission shall be first obtained in writ- 
ing from the Board of State Land Commissioners: Provided, 
That all timber on said right of way shall be appraised, and be- 



STATE LAND LAWS 153 

ROADS AND STREETS. SECS. 203-204 

fore permission is granted, shall be paid for in cash by. the 
person, corporation or association desiring the right of way. 
(Laws '97, p. 246, sec. 34 ; sec. 6831 Rem.-Bal. ; 477 sec. 109 
Pierce.) 

Former Laws: Laws '89-'90, p. 448, sec. 22; Laws '93, p. 401, sec. 26; 
Laws '95, p. 547, sec. 45. 

Right of common user: sec. 201, supra. 

Right of way may be obtained over lands sold by state: sec. 86, 
supra. 

Right of way for railroads: sec. 215 et seq,., infra. 

Special acts granting rights of way over lands described in note: 
Railway over military encampment grounds, Laws '07, chap. 191, p. 
411; over university campus, Laws '09, chap. 248, p. 888; streets over 
same, Laws '09, chap. 37, p. 56; Laws '13, chap 24, p. 59; railway over 
training school grounds, Laws '11, chap. 27, p. 97. 

The Board of State Land Commissioners is without jurisdiction to grant 
rights of way or other easements upon lands acquired for or devoted by the 
state to a particular governmental use. Opinions Att'y Gen'l, Feb. 25, '13 ; 
April 1, '13. 

SEC. 203. STATE ROADS 

Whenever it is necessary to locate and construct a state road 
over and across any of the public lands of the State of Wash- 
ington, the State Highway Commisisoner shall file in the office of 
the State Land Commissioner a map showing the location of such 
road over and across each legal subdivision of such public lands, 
and upon the filing of such map, the easement for such right 
of way shall be reserved to the state and such subdivision of 
public land when sold, leased or otherwise disposed of, shall be 
sold, leased or disposed of subject to such right of way. (Laws 
'09, p. 651, sec. 6; sec. 5872 Rem.-Bal. ; 493 sec. 11 Pierce.) 

A tide land deed issued by mistake, without the exception of a right of way 
for a state road established before the purchaser's interest attached, will be 
reformed so as to exclude such right of way : Aberdeen v. Wiley, 60 Wash. 434. 

SEC. 204. ROADS AND STREETS. 

Rights of way may be granted by the Board of State Land 
Commissioners over public lands to any county or city desiring 
to construct a public road across the same: Provided, That a 
duly attested and sworn copy of the official plat, made by the 
official county or city surveyor or engineer, shall first be filed 
with the board, together with a petition from the county or city 



154 STATE LAND LAWS 

SEC. 205 IRRIGATION DITCHES. 

officials setting forth the reason for the same, and the aforesaid 
plat when approved by said board of appraisers, shall be and 
form the official plat of said road, and the said plat shall show 
the amount of land taken up by the proposed road, and shall 
show the remainder of land in each portion of each legal sub- 
division bisected by said proposed road, and said plat shall be 
retained in the office of the Commissioner of Public Lands : Pro- 
vided further, That all timber on said right of way shall be ap- 
praised and paid for in cash by the said county or city. (Laws 
'97, p. 246, sec. 35; sec. 6832 Rem.-Bal. ; 477 sec. Ill Pierce.) 

Former Laws: Laws '95, p. 547, sec. 46. 

Ocean beach a highway: sec. 561 et seq., post. 

Streets over waterways: sees. 243 and 311, infra. 

Over vacated waterways: sec. 283, infra. 

Over tide lands: sec. 309 et seq., infra. 

Eminent domain for streets: sec. 251, infra. 

Special grants for streets: sec. 534 et seq., infra. 

Cited: 39 Wash. 276. 

Public roads maintained at public expense for seven years prior to the 
adoption of the state constitution over sections 16 and 36 became public high- 
ways by user, notwithstanding the reservation of such sections by Congress 
(sec. 578, post) for the use of the future state: Peterson v. Baker, 39 Wash. 
275. 

But since no rights in lands granted to the state may be acquired by ad- 
verse use or possession, the statute (sec. 5657 Rem.-Bal.) providing for the 
establishment of roads thereby has no application to such lands : State v. 
Seattle, 57 Wash. 602. 

SEC. 205. IRRIGATION DITCHES. 

A right of way through, over and across the public lands of 
the State of Washington is hereby granted to any irrigation 
district, or irrigation company, duly organized under the laws 
of this state, and to any association or individual, constructing 
or proposing to construct an irrigation ditch or pipe line for 
irrigation. (Laws '07, p. 353, sec. 1 ; sec. 6844 Rem.-Bal. ; 
271 sec. 243 Pierce.) 

Diversion works: sec. 237, post. 

Rights of way for canals under reclamation projects: sees. 380, 
389, 409, post. 

Right to inundate state lands for irrigation purposes: sec. 225 et 
seq., post. 

Right to construct dams: sec. 230 et seq., post, and diversion works: 
sec. 237, post. 



STATE LAND LAWS 155 

IRRIGATION DITCIII s. SECS. 206-209 

SEC. 206. SAME APPLICATION EXTENT. 

In order to obtain the benefits of section 205, the irrigation 
district, irrigation company, association or individual construct- 
ing or proposing to construct such irrigation ditch or pipe line 
for irrigation shall file with the Board of State Land Commis- 
sioners a map accompanied by the field notes of the survey and 
locations of the proposed irrigation ditch, and shall pay to the 
state as hereinafter provided the amount of the appraised value 
of the said lands used for or included within said right of way. 
The land within said right of w r ay shall be limited to an amount 
necessary for the construction of a ditch sufficient for the pur- 
pose required, together with sufficient land on either side thereof 
for ingress and egress to maintain and repair the same. (Laws 
'07, p. 353, sec. 2; sec. 6845 Rem.-Bal. ; 271 sec. 245 Pierce.) 

SEC. 207. SAME APPRAISEMENT. 

Upon the filing of the plat and field notes as provided in sec- 
tion 206, said Board of State Land Commissioners are hereby 
authorized and directed to ascertain the value of the land to be 
used for or included within said right of way, which price shall 
be the full market value thereof, but not to be less than ten dol- 
lars per acre. (Laws '07, p. 353, sec. 3 ; sec. 6846 Rem.-Bal. ; 
271 sec. 247 Pierce.) 

SEC. 208. DITCHES LANDS SOLD SUBJECT TO EASEMENT. 

Upon full payment of the value of such easement ascertained 
as aforesaid, any future grant or lease by the state of the lands 
affected by such right of way shall be subject to the easement 
obtained under the three preceding sections. (Laws '07, p. 353, 
sec. 4; sec. 6847 Rem.-Bal.; 271 sec. 249 Pierce.) 

SEC. 209. DITCHES CONSTRUCTION OF ACT. 

Nothing contained in the four preceding sections shall be 
deemed to in any way conflict with any existing law of this state 
relating to the method of acquiring rights of way for irrigation 
ditches. (Laws '07, p. 354, sec. 5 ; 271 sec. 251 Pierce.) 



156 STATE LAND LAWS 

SECS. 210-211 POWER LINES. 

SEC. 210. RIGHTS OF WAY FOR GENERATING OR TRANSMIT- 
TING ELECTRICITY. 

A right of way through, over and across the public lands of 
the State of Washington is hereby granted to any municipal 
corporation, or to any electric light, power, or street railway 
company, association or individual, constructing or proposing 
to construct any ditch, flume or pipe line or transmission line 
for the purpose of generating or transmitting electricity for 
light, heat or power. (Laws '09, p. 654, sec. 1 ; sec. 6848 Rem.- 
Bal.; 171 sec. 207 Pierce.) 

Right to inundate state lands for generating power: sec. 225 et seq., 
infra. 

Cities may condemn state lands for public use: sec. 251, infra. 

Cities may inundate shore lands for certain public uses: sec. 228, 
infra. 

Right to construct dams and storage works: sec. 230 et seq., infra. 

SEC. 211. SAME HOW ACQUIRED EXTENT. 

In order to obtain the benefits of section 210 the municipal 
corporation, company, association or individuals constructing 
or proposing to construct such ditch, flume, pipe line or 
transmission line for the purpose of generating or transmitting 
electricity shall file with the Board of State Land Commissioners 
a map, accompanied by the field notes of the survey and location 
of the proposed ditch, flume, pipe line or transmission line, and 
shall pay to the state as hereinafter provided the amount of 
the appraised value of said lands and improvements, if any, 
used for or included within said right of way. The land with- 
in said right of way shall be limited to an amount necessary 
for the construction of said ditch, flume, pipe line or transmis- 
sion line sufficient for the purpose required, together with suf- 
ficient land on either side thereof for ingress and egress to 
maintain and repair the same and shall include the right to cut 
all standing timber within a radius of 200 feet on either side 
of said ditch, flume, pipe line or transmission line, which shall 
be dangerous to the operation and maintenance of the same. 
(Laws '09, p. 655, sec. 2; sec. 6849 Rem.-Bal. ; 171 sec. 209 
Pierce.) 



STATE LAND LAWS 157 

RAILWAYS. SECS. 212-215 

SEC. 212. POWER LINES APPRAISEMENT. 

Upon the filing of the plat and field notes as above provided, 
said Board of State Land Commissioners are hereby authorized 
and directed to ascertain the value of the land and improve- 
ments, if any, to be used for or included in said* right of way 
and the value of all merchantable timber so cut, or to be cut, 
all of which shall be the full value thereof. (Laws '09, p. 655, 
sec. 3; sec. 6850 Rem.-Bal. ; 171 sec. 211 Pierce.) 

SEC. 213. POWER LINES EASEMENT REVERSION. 

Upon full payment of the value of such easement ascertained 
as aforesaid, any future grant or lease by the state of the lands 
affected by such right of way shall be subject to the easement 
obtained under the provisions of this act: Provided, however, 
That should the company, association or individual securing said 
easement ever abandon same for the purposes contemplated in 
section 210 the said right of way shall revert to the state. (Laws 
'09, p. 655, sec. 4; sec. 6851 Rem.-Bal.; 171 sec. 213 Pierce.) 

SEC. 214. POWER LINES APPLICATION OF ACT. 

Nothing contained in the four preceding sections shall be 
deemed to in any way conflict with any existing law of this state 
relating to the methods of acquiring rights of way for ditches, 
flumes, pipe lines or transmission lines for the purposes therein 
specified. (Laws '09, p. 656, sec. 5 ; sec. 6852 Rem.-Bal. ; 171 
sec. 215 Pierce.) 

SEC. 215. RAILROAD RIGHTS OF WAY APPLICATION FOR. 

A right of way through, over and across the public lands of 
the State of Washington, except tide lands, harbor areas and 
shore lands, is hereby granted to any railroad company duly 
organized under the laws of any state or by the Congress of the 
United States to any extent not exceeding fifty feet on each side 
of the center line of said railroad now constructed or hereafter 
to be constructed unless a greater width is required for excava- 
tions, embankments, depot, station grounds, passing tracks or 
barrow pits, which extra width shall not in any case exceed two 
hundred feet on either side of said center way [line] : Provided, 



158 STATE LAND LAWS 

SEC. 216 RAILROAD RIGHT OF WAY. 

That this act* shall not apply to any lands acquired or used by 
any of the public institutions of this state. In order to obtain 
the benefits of this grant* as to any railroad hereafter to be 
constructed, the company constructing or proposing to con- 
struct such road shall file with the Board of State Land Commis- 
sioners a copy of its articles of incorporation, due proofs of 
organization thereunder, a map or maps accompanied by the 
field notes of the survey and location of the line of said railroad, 
and shall pay to the state as hereinafter provided the amount 
of the appraised value of said lands affected by, used for or 
included within said right of way and extra widths if any are 
required. In order to obtain the benefits of this grant* as to any 
railroad now constructed, the company owning such road shall 
file with the Board of State Land Commissioners a list of the 
lands affected by, used or included within such right of way, and 
shall pay to the state as hereinafter provided the amount of the 
appraised value of said lands affected by, used for or included 
within said right of way and extra widths. (Laws '01, p. 353, 
sec. 1 ; amended, Laws '07, p. 201, sec. 1 ; sec. 6833 Rem.-Bal. ; 

171 sec. 181 Pierce.) 

*Secs. 215-222. 

Condemnation of right of way for railroad: sec. 249 et seq., ante. 

Railroad rights of way over lands held for state purposes: see note 
to sec. 202, ante. 

Cited: 49 Wash. 89. 

The lands acquired by a grant under this act are only such as are described 
in the application, field notes, plat and certificate, regardless of the actual 
location on the ground : Columbia Vol. R. Co. v. Portland & S. R. Co., 49 
Wash. 88. 

SEC. 216. RAILROADS CLASSIFICATION AND APPRAISAL OF 
LAND. 

All lands of this state over which a right of way of any rail- 
road company may now or hereafter be located shall be classified 
and appraised as hereinafter provided, and the State Board of 
Land Commissioners shall constitute and serve as the board of 
appraisers mentioned in section 2 of article XVI of the con- 
stitution of this state. (Laws '01, p. 353, sec. 2; sec. 6834 

Rem.-Bal. ; 171 sec. 183 Pierce.) 

Board of State Land Commissioners as Board of Appraisers: sec. 
13, ante. 



STATE LAND LAWS 159 

RAILROADS. SECS. 217-218 

SEC. 217. RAILROADS APPRAISEMENT. 

Upon the filing of said list or maps by said company as pro- 
vided in section 215, said Board of State Land Commissioners are 
hereby authorized and directed to ascertain and classify the 
lands affected by, to be used for and included within the afore- 
said right of way, and shall thereupon fix the price per acre for 
each lot or block, quarter section and subdivision thereof, less the 
improvements, if any, so affected by, used for and included 
within said right of way, which price shall be the full market 
value thereof but not to be less than ten dollars per acre. (Laws 
'01, p. 354, sec. 3 ; sec. 6835 Rem.-Bal. ; 171 sec. 185 Pierce.) 

SEC. 218. RAILROADS IMPROVEMENTS TO BE APPRAISED 
SEPARATELY. 

Should any improvements made as of right and with license 
from the State of Washington be upon any of such lands 
at the time of said appraisement, the state board shall separately 
appraise the same together with the damage and waste done to 
said lands by the use and occupancy of the same or to adjacent 
lands and after deducting from the amount of the appraisement 
for improvements the amount of such damage and waste the bal- 
ance shall be determined and regarded as the value of said im- 
provements, and the railroad company if not the owner of such 
improvements shall deposit with the State Treasurer through the 
Commissioner of Public Lands the value- of the same as [shown] 
by said appraisement within thirty days next following the date 
thereof. That where said right of way affects the improvements 
of any person other than [the person] owning said improve- 
ments or entitled thereto under existing law the applicant for 
said right of way shall file with the Commissioner of Public 
Lands a valid release of damages duly executed by such person 
or persons, or a certified copy of a judgment of a court of com- 
petent jurisdiction showing that the damages resulting to such 
person or persons, ascertained in acordance [accordance] with 
existing law, has been made or paid into the registry of such 



STATE LAND LAWS 
SECS. 219-220 RAILROADS. 

court. (Laws '01, p. 354, sec. 4; sec. 6836 Rem.-Bal. ; 171 
sec. 187 Pierce.) 

Appraisement of improvements generally: sees. 76-78, ante. 

SEC. 219. RAILROADS RECORD AND NOTICE OF APPRAISE- 
MENT. 

When said appraisement is made it shall be recorded in the 
proceedings of said Board of State Land Commissioners and the 
evidence or report upon which the same is based shall be pre- 
served of record in the office of the Board of State Land Com- 
missioners and the Commissioner of Public Lands shall prepare 
a certificate of said appraisement in duplicate, one of which he 
shall file in his office and the other transmit to the auditor of the 
county in which the lands affected by said rights of way are 
located; and shall send a notice to the railroad company avail- 
ing itself of the provisions of this act* that such appraisement 
has been made. The board of county commissioners of any 
county where the said right of way is situate shall be forthwith 
served with notice of appraisement. A copy of said appraise- 
ment shall be forthwith filed with the board of county commis- 
sioners of any county in which the land is situated. (Laws '01, 
p. 355, sec. 5; sec. 6837 Rem.-Bal.; 171 sec. 189 Pierce.) 

* Sees. 215-222. 

SEC. 220. RAILROADS APPEAL FROM APPRAISEMENT. 

Within thirty days after the appraisement of said lands, as 
aforesaid, the board of county commissioners of any county in 
which the right of way is situate, or any person, company or 
corporation may appeal from the same to the superior court 
of the county in which the right of way affected by the appeal 
is situate ; but if the applicant is the party appealing, he or it 
must deposit the amount of the appraisement in the registry of 
the court to which the appeal is taken. All appeals shall be 
heard and determined by the court de novo. The taking of an 
appeal shall not prevent the use of the land affected thereby for 
right of way purposes during the prosecution of the appeal. 
All costs on appeal shall be paid by the applicant [appellant]. 



STATE LAND LAWS 
RAILROAD BRIDGES. SECS. 221-223 

(Laws '01, p. 355, sec. 6; sec. 6838 Rem.-Bal. ; 171 sec. 191 
Pierce.) 

Appeals from Board of State Land Commissioners, generally: sec. 
22 et seq., ante. 

SEC. 221. RAILROADS LANDS SOLD SUBJECT TO EASEMENT. 

Upon full payment of the value of such easement ascertained 
as aforesaid, any future grant or lease by the state of the lands 
affected by said right of way shall be subject to the easements 
obtained under the provisions of this act.* (Laws '01, p. 355, 
sec. 7; sec. 6839 Rem.-Bal.; 171 sec. 193 Pierce.) 

* Sees. 215-222. 

SEC. 222. SAME CONSTRUCTION OF ACT. 

Nothing contained in this act* shall be deemed to in any way 
conflict with any existing law of this state relating to the method 
by which railroad companies may acquire rights of way. (Laws 
'01, p. 355, sec. 8; 171 sec. 195 Pierce.) 

* Sees. 215-222. 

SEC. 223. RAILROAD MAY BRIDGE NAVIGABLE STREAMS. 

Any railroad corporation heretofore duly incorporated and 
organized under the laws of this state or of the territory of 
Washington, or which may hereafter be duly incorporated and 
organized under the laws of this state, or heretofore or here- 
after incorporated and organized under the laws of any other 
state or territory of the United States, and authorized to do 
business in this state, and to construct and operate railroads 
therein, shall have and hereby is given the right to construct 
bridges across the navigable streams within this state over which 
the projected line or lines of railway of said railroad corporations 
will run: Provided, That said bridges are constructed in good 
faith for the purpose of being made a part of the constructed 
line of said railroad: And provided, That they shall be con- 
structed in the course of the construction of said railroad or 
thereafter for the more convenient operation thereof: And pro- 
vided further, That such bridges shall be so constructed as not 



STATE LAND LAWS 
SECS. 224-225 OVERFLOW RIGHTS. 

to interfere with, impede, or obstruct the navigation of such 
streams. (Laws '89-'90, p. 53, sec. 1; sec. 8670 Rem.-Bal. ; 
433 sec. 31 Pierce.) 

Eminent domain for these purposes: sec. 249 et seq., post. 

Cited: 54 Wash. 536; 61 Wash. 197. 

The right given by this section and the consent of the Secretary of Wai- 
does not authorize the construction of a drawbridge which, in its operation, 
will obstruct a wharf upon adjoining tide lands in private ownership : Nor. 
Pac. R. Co. v. Slade Lbr. Co., 61 Wash. 195. 

The consent of the Secretary of War to construct a bridge over a navigable 
stream is not a condition precedent to a suit to condemn tide lands to be reached 
by such bridge : State ex rel. Hulme v. Grays H. & P. S. R. Co., 54 Wash. 530. 

SEC. 224. CANALS AND RAILWAYS ALONG OR ACROSS WATERS. 

Every corporation formed under the laws of this state for 
the construction of railroads or canals shall possess the power 
to construct its railway or canal, as the case may be, across, 
along or upon any river, stream of water, watercourses, plank 
road, turnpike or canal, which the route of such railway or 
canal shall intersect or touch ; but such corporation shall restore 
the river, stream, watercourse, plank road or turnpike thus in- 
tersected or touched to its former state as near as may be, and 
pay any damages caused by such construction : Provided, That 
the construction of any railway or canal by such corporation 
along, across or upon any of the navigable rivers or waters of 
this state shall be in such manner as to not interfere with, impede, 
or obstruct the navigation thereof; and all rights, privileges 
and powers of every description by law conferred upon road or 
railroad companies are hereby given and granted to canal com- 
panies so far as the same may be applicable. (Laws '88, p. 64, 
sec. 3 ; amended, Laws '95, p. 148, sec. 4 ; sec. 8737 Rem.-Bal. ; 
405 sec. 89 Pierce.) 

Eminent domain for these purposes: sec. 249 et seq., post. 

Cited : 7 Wash. 152 ; 54 Wash. 536 ; 62 Wash. 102. 

SEC. 225. RIGHT TO OVERFLOW. 

There is hereby granted by the State of Washington the right, 
privilege, power and authority, to any person or corporation, 
to perpetually back and hold water upon and over any land be- 
longing to the State of Washington, and to overflow any such 



STATE LAND LAWS 1(53 

OVERFLOW DAMAGES. SECS. 226-228 

land and inundate the same, if it be necessary in the erection, 
construction, maintenance or operation of any water power 
plant, reservoir or works for impounding water for power pur- 
poses, irrigation, mining or other public use. (Laws '07, p. 
233, sec. 1 ; sec. 6828 Rem.-Bal. ; 171 sec. 217 Pierce.) 

Public uses of water defined: Const., Art. XXI, sec. 1, ante. 

Rights of way for irrigating ditches: sec. 205 et seq, ante. 

Right of way for generating electricity: sec. 210 et seq., ante. 

Use of beds and shores by cities: sec. 228, infra; by water districts: 
sec. 229, infra; by diking districts: sec. 232, infra; by United States: 
sec. 386, infra; by irrigation and power companies: sec. 230, infra. 

The benefit of this section does not extend to booming and driving companies 
proposing to impound waters for improving the floatability of streams : Opinions 
Att'y Gen'l, '11-'12, p. 92. 

But corporations proposing to manufacture, generate and sell electrical 
energy come within the act : Opinions Att'y Gen'l, '07-'08, p. 428. 

The state cannot grant the right to raise waters so as to destroy the use 
of lands in private ownership above the line of ordinary high water : Austin 
v. Bellingham, 69 Wash. 677. 

Right of lower riparian owner to ordinary flood waters : Still v. Palouse 
Irr. d Power Co., 64 Wash. 606. 

SEC. 226. APPLICATION APPRAISAL. 

The right, privilege, power and authority herein given and 
granted shall not be exercised or enjoyed until application shall 
first be made to the Board of State Land Commissioners to have 
the amount of damages appraised and fixed, which shall be done 
within sixty days after such application is made. (Laws '07, 
p. 233, sec. 2 ; sec. 6829 Rem.-Bal. ; 171 sec. 219 Pierce.) 

SEC. 227. PAYMENT. 

When and as soon as said damages are so fixed and assessed 
by the Board of State Land Commissioners, the same shall be 
paid to said officer. (Laws '07, p. 233, sec. 3 ; sec. 6830 Rem.- 
Bal. ; 171 sec. 221 Pierce.) 
SEC. 228. CITIES MAY INUNDATE SHORE LANDS. 

Any incorporated city or town within the state be, and is 
hereby, authorized * * * and empowered to erect and build 
dams or other works across or at the outlet of any lake or water- 
course in this state, for the purpose of storing and retaining 
water therein up to and above high water mark ; and for all the 
purposes of erecting aqueducts, pipe lines, dams or waterworks 



STATE LAND LAWS 
SECS. 229-230 OVERFLOW OF SHORELANDS. 

or other necessary structures in storing and retaining water, 
for any of the purposes provided for by chapter 150, Laws 
1909, such city or town shall have the right to occupy and use 
the beds and shores up to the high water mark of any such 
watercourse or lakes * * * ; Provided, That should private 
property be necessary for any such purposes or for storing water 
above high water mark, such city or town may condemn and pur- 
chase, or purchase and acquire such private property: And 
provided further, That no such dam or other structure shall im- 
pede, obstruct or in any way interfere with public navigation of 
such lake or watercourse. (Laws '09, p. 580, sec. 1 ; amended, 
Laws '13, p. 112, sec. 1; 3 Rem.-BaL, sec. 8005; 77 sec. *1073 
Pierce.) 

Former Laws: Laws '99, p. 250, sec. 1; Laws '05, p. 300, sec. 1. 

Right to overflow state lands, generally: sec. 225, supra. 

Cited : 53 Wash. 145 ; 57 Wash. 423-432-435 ; 69 Wash. 680 ; 73 Wash. 276. 

The state cannot authorize the raising of waters above the line of ordinary 
high water, and a city raising waters above that line is liable to littoral owners 
for damages resulting from overflow or seepage through and under adjoining 
soil : Austin v. Bellingham, 69 Wash. 677. 

Ordinary high water defined : idem. 

SEC. 229. WATER DISTRICTS MAY USE BEDS AND SHORES. 

For all the purposes of constructing or laying aqueducts or 
pipe lines, dams or water works, or other necessary structures in 
storing and retaining water, or for any of the purposes provided 
for in chapter 161, Laws 1913, any water district shall have the 
right to occupy the beds and shores up to the high water mark 
of any lake, river or other watercourse. (Adapted from Laws 
'13, p. 538, sec. 8; 3 Rem.-BaL, sec. 9510-8.) 

See notes to sec. 225, supra. 

SEC. 230. BEDS AND SHORES GRANTED TO IRRIGATION AND 

POWER COMPANIES FORFEITURE. 

There is hereby granted to persons, firms and corporations 
organized among other things, for irrigation and power pur- 
poses, the right to construct and maintain dams and works 
incident thereto over, upon and across the beds of the rivers of 
the State of Washington in connection with such power and 



STATE LAND LAWS 1(55 

BEDS AND SHORES USE. SEC. 231 

irrigation purposes, and there is hereby granted to such persons, 
firms and corporations an easement over, upon and across the 
beds of such rivers for such purposes. Such easement shall be 
limited, however, to so much of the beds of such rivers as may 
be reasonably convenient and necessary for such uses. All such 
dams and works shall be completed within five years after the 
commencement of construction work upon the same. The rights 
and privileges granted by this section shall inure to the benefit 
of such persons, firms or corporations from the date of the com- 
mencement of construction work upon such dams and works 
incident thereto, and such construction work shall be diligently 
prosecuted to completion, and the rights, privileges and ease- 
ments granted by this section shall continue so long as the same 
shall be utilized by the grantees for the purposes herein specified, 
and the failure to maintain and use such dams and works after 
the same shall have been constructed, for a continuous period of 
two years, shall operate as a forfeiture of all the rights hereby 
granted and the same shall revert to the State of Washington. 
(Laws '11, p. 436, sec. 1 ; 3 Rem.-Bal., sec. 6415-1.) 

Irrigation rights to United States: sec. 386, infra. 

Public uses of waters denned: Const., Art. XXI, sec. 1, supra. 

Right to overflow lands: sec. 225 et seq., supra. 

Right of way for irrigation ditches: sec. 205 et seq.. supra; for 
power lines: sec. 210 et seq,., supra. 

SEC. 231. SAME LIMITATION ON GRANT. 

Nothing in the preceding section shall be construed in such 
a way as to interfere with the use of said rivers for navigation 
purposes, and all of such rights, privileges and easements 
granted thereby shall be subject to the paramount control of 
such rivers for navigation purposes by the United States : And, 
provided further, That the use and enjoyment of the grants and 
privileges of said section shall not interfere with the lawful and 
rightful diversion of the waters of said rivers by other parties 
under water appropriations in existence at the time any such 
persons, firms or corporations shall avail themselves of the 
benefits and privileges of said section, but no such persons, firms 
or corporations shall have any right to construct any such 



STATE LAND LAWS 
SECS. 232-234 BEDS AND SHORES WHARVES. 

dams or works over, upon or across the land between ordinary 
high water and extreme low water of any river of this state with- 
out first having acquired the right to do so from the owner or 
owners of the lands adjoining the land between ordinary high 
water and extreme low water over or across which said dam 
or works are constructed. (Laws '11, p. 436, sec. 1 ; 3 Rem.- 
Bal., sec. 6415-1.) 

SEC. 232. RECLAIMED BEDS AND SHORES GRANTED TO DIK- 
ING DISTRICTS. 

All the right, title and interest of the State of Washington in 
and to so much of the beds and shores of any navigable river, 
stream, waterway or water course located within the boundaries 
of any diking district up to and including the line of ordinary 
high tide in waters where the tide ebbs and flows, and up to and 
including the line of ordinary high water within the banks of 
all navigable rivers and lakes, to the extent that the same under 
any proceedings to be had under chapter 95 of the Session Laws 
of 1907 shall cease to become a part of such river, stream, water- 
way or water course by reason of the diversion of such river, 
stream, waterway or water course, under any proceedings had 
under said act, are hereby given, granted and vested in the 
respective diking districts now existing or hereafter to be 
formed ; and the commissioners of such respective diking districts 
are hereby given the right, power and authority to sell such beds 
and shores in such manner and upon such notices and proceed- 
ings as govern, under existing laws of this state, the board of 
county commissioners in the sale and disposition of any real 
estate belonging to counties of this state. (Laws '07, p. 178, 
sec. 4; sec. 4100 Rem.-Bal. ; 151 sec. 19 Pierce.) 

See also remainder of act, Laws. '07. 

Local improvement assessments in such districts: sec. 343, post. 

Similar grant to inter-county districts: Laws '09, p. 808, sec. 26 
(Sec. 4207 Rem.-Bal.) 

SEC. 234. COUNTY WHARVES AND LANDINGS. 

The board of county commissioners of each county in this 
state is hereby authorized to build and maintain, when in their 



STATE LAND LAWS 1(57 

WHARVES EASEMENT. SECS. 235-236 

judgment the convenience of the public so requires, wharves and 
landings on the shores of any navigable waters or water courses 
within or bordering upon "their respective counties and not in- 
cluded within the limits of tide or shore lands of the first class." 
Said wharves or landings fo begin at the point of termination of 
a county road at or near the shore of such navigable waters or 
water courses, and to extend so far into said waters or water 
courses as the convenience of shipping may require. (Laws '03, 
p. 20, sec. 1; sec. 8114 Rem.-Bal. ; 533 sec. 9 Pierce.) 

Abutting owner's right to build wharves: sec. 236, infra. 
Right of way for county roads: sec: 204, supra. 
Cited: 68 Wash. 663. 

SEC. 235. WHARF BOARD AUTHORIZED TO GRANT EASEMENT. 
In cases where the board of county commissioners shall de- 
termine to build, construct and maintain wharves or landings as 
aforesaid over and across tide lands of the second class ow T ned by 
the State of Washington, the Board of State Land Commissioners 
are hereby authorized to grant an easement to the county for so 
much of said tide land as may be necessary for right of way 
purposes : Provided, That a duly attested and sworn copy of 
the plat made by the county surveyor shall first be filed with the 
Board of State Land Commissioners, together with a petition of 
the board of county commissioners setting forth the reasons for 
the same; and the aforesaid plat, when approved by the Board 
of State Land Commissioners, shall be and form the official plat 
of said right of way and shall be filed in the office of the Com- 
missioner of Public Lands, and the said plat shall show the 
amount of land embraced in the proposed right of way and the 
location of the same relative to at least tw r o of the corners of the 
public land survey. (Laws '03, p. 20, sec. 2; sec. 8115 Rem.- 
Bal.; 533 sec. 11 Pierce.) 

SEC. 236. RIPARIAN OWNER MAY EXTEND WHARF. 

Any person owning land adjoining any navigable w r aters or 
water course, within or bordering upon this state, may erect 
upon his own land any wharf or wharves, and may extend them 
so far into said waters or water courses as the convenience of 



168 STATE LAND LAWS 

SECS. 237-238 IRRIGATION WATERWAY DISTRICTS. 

shipping may require; and he may charge for wharfage such 
rates as shall be reasonable : Provided, That he shall at all times 
leave sufficient room in the channel for the ordinary purposes 
of navigation. (Laws '54, p. 357, sec. 1 ; Laws '60, p. 326, sec. 
1 ; Laws '63, p. 531, sec. 1 ; Code '81, 'sec. 3271 ; sec. 8110 Rem.- 
Bal.; 533 sec. 1 Pierce.) 

State may disaffirm territorial grants of tide lands: Const., Art. 
XXVII, sec. 1, ante. 

See Const., Art. XV, XVII, ante. 

Lease of harbor area: sec. 147 et seq., ante. 

Cited: 2 Wash. 257 et seq.; 15 Wash. 173; 16 Wash. 543; 43 Wash. 114. 

This act created no more than- a license which has been revoked by Art. 
XV of the Constitution, at least as to lands in front of which harbor lines are 
required to be established : Eisenbach v. Hatfield, 2 Wash. 236. 

SEC. 237. DIVERSION WORKS ON SHORE LANDS. 

All persons on the margin, brink, neighborhood or precinct of 
any natural stream or lake of water shall have the right and 
power to place upon the bank of such stream a wheel, steam 
pump, or other machine for the purpose of raising water to 
the level required for the use of such water in irrigating land. 
(Laws '90, p. 709, sec. 14; sec. 6338 Rem.-Bal. ; 271 sec. 185 
Pierce.) 

Right of way for ditch: sec. 205 et seq., ante. 

Right to construct dams and diversion works for irrigation: sec. 
230 et seq., ante. 

Cited: 70 Wash. 455. 

This section confers no rights of appropriation of water superior to the 
rights of other owners not riparian : State ex rel. Ham, Yearsley & Ryrie v. 
Superior Court, 70 Wash. 442. 

SEC. 238. RIVER BEDS DONATED TO COMMERCIAL WATER- 
WAY DISTRICTS. 

All the right, title, and interest of the State of Washington 
in and to so much of the beds and shores of any navigable river, 
stream, waterway or watercourse located within the boundaries 
of any commercial waterway district up to and including the 
line of ordinary high tide in waters where the tide ebbs and 
flows and up to and including the line of ordinary high water 
within the banks of any navigable rivers and lakes, to the extent 
that same, under any proceedings to be had under chapter 11, 



STATE LAND LAWS 
TIDE LANDS TO U. S. SEC. 239 

Laws 1911, shall cease to become part of such river, stream, 
waterway or watercourse by reason of the diversion of such river, 
stream, waterway or watercourse, under any proceedings had 
under said chapter are hereby given and granted and vested in 
the respective commercial waterway districts now existing, or 
hereafter to be formed. (Laws '11, p. 21, sec. 8; 3 Rem.-Bal., 
sec. 8173a; 437 sec. 43 Pierce.) 

Former Laws: Laws '09, special session, p. 16, sec. 8. 
Eminent domain to such districts: sees. 253-254, infra. 
Inclusion of state lands in such districts: sees. 245 and 253, infra. 
Local improvement assessments in such districts: sec. 346, infra. 
Grant of right of way for waterway excavated under private con- 
tract: sec. 291, infra. 

SEC. 239. USE OF ABUTTING LANDS GRANTED TO UNITED 
STATES. 

The use of any tide and shore lands belonging to the State 
of Washington, and adjoining and bordering on any tract, 
piece or parcel of land, which may have been reserved or 
acquired, or which may hereafter be reserved or acquired, by the 
government of the United States, for the purpose of erecting 
and maintaining thereon forts, magazines, arsenals, dock yards, 
navy yards, prisons, penitentiaries, light-houses, fog signal sta- 
tions, or other aids to navigation, is hereby granted to the United 
States, so long as the upland adjoining such tide or shore lands 
shall continue to be held by the government of the United States 
for any of the public purposes above mentioned : Provided, That 
this grant shall not extend to or include any lands covered by 
more than four fathoms of water at ordinary low tide ; and shall 
not be construed to prevent the citizens of the State of Washing- 
ton from using said lands for the taking of food fishes so long as 
such fishing does not interfere with the public use of them by 
the United States : And provided further, That whenever the 
government of the United States shall cease to hold for public 
purposes any such tract, piece or parcel of land, the use of the 
tide and shore lands bordering thereon shall revert to the State 



170 STATE LAND LAWS 

SECS. 240-241 UNITED STATES DEED. 

of Washington. (Laws '09, p. 390, sec. 1 ; sec. 6860 Rem.-Bal. ; 
513 sec. 7 Pierce.) 

Former Laws: Laws '89-'90, p. 428, sec. 1. 

Grant to United States of rights in Lakes Union and Washington: 
sees. 553-554, post; of tide lands for torpedo station: sec. 556, post; 
in water courses for reclamation works: sees. 386-388, post. 

Former laws cited : 11 Wash. 231 ; 33 Wash. 386. 

A deed of tide lands from the state to the United States under former act 
was invalid where such tide lands did not border upon uplands held or reserved 
by the United States for the purposes specified : State ex rel. Bussell v. Callvert, 
33 Wash. 380. 

The term "tide lands," as used in this section, does not include tide lands 
included within an oyster reserve, as provided in sec. 359, post : Opinion Att'y 
Gen'l, Dec. 10, '13. 

SEC. 240. SAME DEED GRANTING USE. 

Whenever application is made to the Board of State Land 
Commissioners by any department of the United State govern- 
ment for the use of any tide or shore lands belonging to the 
State of Washington, and adjoining and bordering on any up- 
land held by the United States for any of the purposes men- 
tioned in section 239, upon proof being made to said board 
that such uplands are so held by the United States for such pur- 
poses, it shall cause said fact to be entered in the minutes of its 
meetings, and the Commissioner of Public Lands shall certify 
such fact to the governor and he shall issue a deed, which shall 
be attested by the secretary of state, conveying the use of such 
lands, for said purposes, to the United States, so long as it shall 
continue to hold for said public purposes the uplands adjoining 
said tide and shore lands. (Laws ? 09, p. 390, sec. 2 ; sec. 6861 
Rem.-Bal. ; 513 sec. 9 Pierce.) 

Former Laws: Laws '89-'90, p. 428, sec. 1. 

SEC. 241. SAME REVERSION. 

Whenever the United States shall cease to hold and use any 
uplands for the use and purpose mentioned in section 239 the 
said easement shall be terminated thereby and said tide and 
shore lands shall revert to the state without resort to any court 
or tribunal whatsoever. (Laws '09, p. 391, sec. 4; sec. 6863 
Rem.-Bal.; 513 sec. 13 Pierce.) 



STATE LAND LAWS 171 

TIDE LANDS TO U. S. WATERWAYS. SECS. 242-243 

SEC. 242. USE OF TIDE AND SHORE LANDS GRANTED TO 
UNITED STATES. 

Whenever application is made to the Board of State Land 
Commissioners, by any department of the United States govern- 
ment, for the use of any tide or shore lands belonging to the 
State of Washington, for any public purpose, and said board 
shall be satisfied that the United States requires or may require 
the use of such tide or shore lands for such public purpose, 
said board may reserve such tide or shore lands from public 
sale and grant the use of them to the United States, so long as 
it may require the use of them for such public purpose; and 
the Commissioner of Public Lands of the State of Washington 
shall certify such fact to the governor, who shall thereupon 
execute an easement to the United States, which shall be at- 
tested by the secretary of state, granting the use of such tide 
or shore lands to the United States, so long as it shall require 
the use of them for said public purpose. (Laws '09, p. 391, sec. 
3 ; sec. 6862 Rem.-Bal. ; 513 sec. 11 Pierce.) 
See sec. 239, ante, and notes. 

SEC. 243. CITIES AND CARRIERS MAY BRIDGE WATERWAYS. 

Municipal corporations shall have, and hereby are given the 
right to construct bridges or trestles across waterways hereto- 
fore or hereafter laid out under the authority of the State of 
Washington over which the projected line or lines of any high- 
way will run: Provided, Such bridges or trestles are con- 
structed in good faith for the purpose of being made a part 
of the constructed line of such highway. Any corporation, co- 
partnership, person or trustee heretofore or hereafter by any 
state or municipal law or ordinance authorized to construct and 
operate railroads, interurban railroads or street railroads as 
common carriers within this state, shall have and hereby is 
given, the right to construct bridges or trestles across water- 
ways heretofore or hereafter laid out under the authority of 
the State of Washington over which the projected line or lines 
of railroad will run : Provided, Such bridges or trestles are 
constructed in good faith for the purpose of being made a part 



172 STATE LAND LAWS 

SEC. 244 WATERWAY CROSSINGS. 

of the constructed line of such railroad, and may also have in- 
cluded therewith [sufficient width for] the purpose of providing 
a roadway for the accommodation of vehicles and foot passen- 
gers. (Laws '09, p. 605, sec. 1 ; sees. 7868-8671 Rem.-Bal. ; 77 
sec. 505 Pierce.) 

Streets over vacated waterways: sec. 283, post. 

Streets and docks over certain Ilwaco Waterways: sec. 521 et seq., 
post. 

Streets over waterways: sec. 311, post. 

Control of street extensions in waterways in port districts: sec. 165, 
ante. 

Cited : 66 Wash. 288. 

SEC. 244. PLANS FOR BRIDGING. 

The location and plans of such structures shall be submitted 
to, and approved by, the Commissioner of Public Lands of the 
State of Washington before construction is commenced: Pro- 
vided, That in case the portion of such waterway at the place to 
be so crossed is navigable water of the United States, or other- 
wise within the jurisdiction of the United States, such loca- 
tion and plans shall also be submitted to, and approved by, the 
secretary of war and the chief of engineers of the United States 
before construction is commenced : And provided further, That 
when plans for any bridge or trestle have been approved by the 
Commissioner of Public Lands, or the Commissioner of Public 
Lands, the secretary of war and the chief of engineers aforesaid, 
it shall not be lawful to deviate from such plans either before or 
after the completion of such structure, unless the modification of 
such plans have previously been submitted to, and received the 
approval of, the Commissioner of Public Lands, or the Commis- 
sioner of public lands, the secretary of war and chief of engi- 
neers, as the case may be. Any structure hereby authorized and 
approved as aforesaid shall remain within the jurisdiction of 
the respective officer or officers approving the same, and shall 
be altered or changed from time to time at the expense of the 
municipality owning the highway or at the expense of the com- 
mon carriers, at the time owning the road or roads using such 
structure, to meet the necessities of navigation and commerce, 



STATE LAND LAWS 173 

WATERWAY DISTRICTS. SEC. 245 

in such manner as may be from time to time ordered by the re- 
spective officer or officers at such time having jurisdiction of 
the same, and such orders may be enforced by appropriate 
action at law or in equity at the suit of the state. (Laws '09, 
p. 606, sec. 2; sec. 7869 Rem.-Bal. ; 77 sec. 507 Pierce.) 

Cited : 66 Wash. 288. 

The ownership of tide lands being absolute, a drawbridge constructed over 
navigable waters under Federal and state authority must be operated so as not 
to obstruct a wharf on tide lands in private ownership : Nor. Pac. R. Co. v. 
Slade Lbr. Co., 61 Wash. 195. 

SEC. 245. STATE LANDS INCLUDED IN COMMERCIAL WATER- 
WAY DISTRICTS. 

Whenever the State of Washington owns any land situated 
within the boundaries of a proposed commercial waterway dis- 
trict the Commissioner of Public Lands of the State of Wash- 
ington, when so directed by the Board of State Land Commis- 
sioners of said state, is hereby authorized to sign the petition 
praying for the formation of such commercial waterway dis- 
trict for and on behalf and as the act and deed of such state, 
and when so signed the same shall be considered in determining 
the question of majority signature in the area of the land to the 
petition for the formation of such district. (Laws '11, p. 22, 
sec. 9c. ; 3 Rem.-Bal., sec. 8174a.) 

Former Laws: Laws '09, special session, p. 18, sec. 9c. 

Grant of reclaimed lands to such districts: sec. 238, supra. 

Eminent domain to such districts: sees. 253-254, infra. 

Local improvements in such districts, sec. 346, infra. 



174 STATE LAND LAWS 

SEC. 246 CONDEMNATION PROCESS. 



CHAPTER 20. 

CONDEMNATION OF STATE LANDS. 

SEC. 246. Service of Process. 

247. Payment of Damages; Filing of Plat. 

248. United States: Power of Eminent Domain. 

249. Railways, Canals, etc.; Right to Locate. 

250. Same; Eminent Domain for. 

251. Cities; Eminent Domain for Certain Uses. 

252. Same; Additional Powers. 

253. Commercial Waterway Districts: Power of. 

254. Same; State Lands Subject. 

255. Waterway Improvement Districts: Power of. 

256. Same; State Lands Subject. 

257. Same; Service of Process. 

258. Diking Districts: Power of. 

259. Same; State Lands Subject. 

260. Inter-County Diking and Drainage Districts: Power of. 
Cross-Reference: Grants of Rights of Way and Other Easements: 

sec. 201 et seq., ante. 

SEC. 246. EMINENT DOMAIN SERVICE OF PROCESS, 

In all condemnation proceedings brought for the purpose of 
appropriating any land owned by the state or in which it has 
an interest, service of process shall be made upon the Commis- 
sioner of Public Lands. (Laws '07, p. 507, sec. 1 ; sec. 923 
Rem.-Bal.; 171 sec. 223 Pierce.) 

Service of process in suits by cities: sec. 251, post, and note. 

In suits by waterway improvement districts: sec. 257, post. 

CONDEMNATION OF STATE LANDS : 

See 1 Remington's Digest, p. 1031, sec. 24 : 4 id,., p. 372, sec. 24. 

A statute providing for the appropriation of state granted lands in eminent 
domain proceedings, wherein the market value is to be first determined by a 
jury and paid, is not repugnant to sec. 1, Art. XVI, Const, ante, which pro- 
vides that such lands shall not be disposed of for less than the market value, 
to be ascertained as may be provided by law : Roberts v. Seattle, 63 Wash. 573. 

The state's interest in tide lands is not subject to appropriation by a 
boom company in eminent domain proceedings : North Riv. Boom Co. v. Smith, 
16 Wash. 138. 

Granted lands are not subject to appropriation by a private corporation pro- 
posing to supply water for domestic use: State ex rel. Att'y Gen'l v. Superior 
Court, 36 Wash. 381. 

Statutes authorizing the taking of state lands under the eminent domain 
will be strictly construed : idem. 



STATE LAND LAWS 175 

DAMAGES RIGHT OF U. S. SECS. 247-248 

SEC. 247. PAYMENT OF DAMAGES PLAT OF LAND TAKEN. 

When a decree is entered appropriating lands owned by the 
state, or in which the state has an interest, before any such 
decree shall be effective, the plaintiff shall cause to be filed in 
the office of the Commissioner of Public Lands a certified copy 
of such decree, together with a plat of the lands appropriated 
and contiguous thereto, in form and substance as prescribed 
and required by the Board of State Land Commissioners, show- 
ing in detail the lands appropriated, together with the amount 
of damages fixed and awarded in the decree. Upon receipt of 
such decree, plat and damages, the Commissioner of Public 
Lands shall examine the same, and if he shall find that the final 
decree and proceedings comply with the original petition and 
notice and any amendment duly authorized, and that no ad- 
ditional interest of the state has been taken or appropriated 
through error or mistake, he shall cause notations thereof to be 
made upon the abstracts, records and tract books of his office, 
and shall issue to the plaintiff his certificate, reciting compliance, 
in substance, with the requirements of this section, particularly 
describing the lands appropriated, and thereupon the appro- 
priation shall become effective and the Commissioner of Public 
Lands shall forthwith transmit the amount received as damages 
to the State Treasurer, as in case of the sale of land, and the 
subdivision of land through which such right-of-way is appro- 
priated shall thereafter be sold, or leased subject to the right- 
of-way. (Laws '07, p. 507, sec. 2 ; amended, Laws '09, p. 625, 
sec. 1 ; sec. 928 Rem.-Bal. ; 171 sec. 225 Pierce.) 
Payment into treasury: sec. 34, ante. 

SEC. 248. EMINENT DOMAIN TO UNITED STATES. 

The United States is hereby granted the right to exercise the 
power of eminent domain to acquire the right to the use of any 
water, to acquire or extinguish any rights, and to acquire any 
lands or other property, for the construction, operation, repairs 
to, maintenance or control of any plant or system of works for 
the storage, conveyance, or use of water for irrigation purposes, 
and whether such water, rights, lands or other property so to be 



STATE LAND LAWS 
SECS. 249-250 CONDEMNATION RAILWAYS. 

acquired belong to any private party, association, corporation or 
to the State of Washington, or any municipality thereof; and 
such power of eminent domain shall be exercised under and by 
the same procedure as now is or may be hereafter provided by 
the law of this state for the exercise of the right of eminent do- 
main by ordinary railroad corporations, except that the United 
States may exercise such right in the proper court of the United 
States as well as the proper state court. (Laws '05, p. 180, sec. 
1 ; sec. 6408 Rem.-Bal. ; 271 sec. 359 Pierce.) 

Procedure in eminent domain by corporations: sec. 921 et seq., 
Rem.-Bal. 

Eminent domain in aid of reclamation projects: sec. 619, post. 

In aid of navigation: sec. 294, post. 

See sec. 246, supra, and notes. 

SEC. 249. EMINENT DOMAIN TO RAILWAYS, ETC. 

A corporation organized for the construction of any rail- 
way, macadamized road, plank road, clay road, canal or bridge, 
shall have a right to enter upon any land, real estate or premises, 
or any of the lands granted to the State of Washington for 
school, university or other purposes, between the termini thereof, 
for the purpose of examining, locating and surveying the line of 
such road or canal, or the site of such bridge, doing no unneces- 
sary damage thereby. (Laws '95, p. 146, sec. 1 ; sec. 8739 
Rem.-Bal.; 405 sec. 83 Pierce.) 

Former Laws: Laws '69, p. 343, sec. 1; Code '81, sec. 2455; Laws '88, 
p. 63, sec. 1. 

See next section, additional. 

Rights of way granted: sec. 215 et seq., ante. 

Cited: 6 Wash. 576; 7 Wash. 151, 167; 31 Wash. 452; 36 Wash. 385; 62 
Wash. 96 ; 64 Wash. 600. 

SEC. 250. SAME ADDITIONAL POWERS. 

Every corporation organized for the construction of any rail- 
way, macadamized road, plank road, clay road, canal or bridge, 
is hereby authorized and empowered to appropriate, by condemn- 
ation, land and any interest in land or contract right relating 
thereto, including any leasehold interest therein and any rights 



STATE LAND LAWS 177 

CONDEMNATION RAILWAYS. SEC. 250 

of way for tunnels beneath the surface of the land, and any ele- 
vated rights of way above the surface thereof, including lands 
granted to the state for university, school or other purposes, 
and also tide and shore lands belonging to the state (but not 
including harbor areas), which may be necessary for the line of 
such road, railway or canal, or site of such bridge, not exceed- 
ing two hundred feet in width, besides a sufficient quantity 
thereof for toll houses, workshops, materials for construction, 
excavations and embankments and a right of way over adjacent 
lands or property, to enable such corporation to construct and 
prepare its road, railway, canal or bridge, and to make proper 
drains ; and in case of a canal, whenever the court shall deem it 
necessary, to appropriate a sufficient quantity of land, including 
lands granted to the state for university, school or other pur- 
poses, in addition to that before specified in this section, for the 
construction and excavation of such canal and of the slopes and 
bermes thereof, not exceeding one thousand feet in total width; 
and in case of a railway to appropriate a sufficient quantity of 
any such land, including lands granted to the state for univer- 
sity, schools and other purposes and also tide and shore lands 
belonging to the state (but not including harbor areas), in addi- 
tion to that before specified in this section, for the necessary side- 
tracks, depots and water stations, and the right to conduct 
water thereto by aqueduct, and for yards, terminal transfer and 
switching grounds, docks and warehouses required for receiving, 
delivering, storage and handling of freight, and such land, or 
any interest therein, as may be necessary for the security and 
safety of the public in the construction, maintenance and opera- 
tion of its railways ; compensation therefor to be made to the 
owner thereof irrespective of any benefit from any improvement 
proposed by such corporation, in the manner provided by law. 
The term land as herein used includes tide and shore lands but 
not harbor areas ; it also includes any interest in land or contract 
right relating thereto, including any leasehold interest therein. 
(Code '81, sec. 2446; amended, Laws '88, p. 63, sec. 2; amended, 
Laws ? 95, p. 147, sec. 2 ; amended, Laws '03, p. 383, sec. 1 ; 



STATE LAND LAWS 
SEC. 251 CONDEMNATION CITIES. 

amended Laws '07, p. 674, sec. 1; sec. 8740 Rem.-Bal. ; 405 
sec. 85 Pierce.) 

Former Laws: Laws '69, p. 343, sec. 2. 

See sees. 246-247, supra, and notes. 

As to appropriation of preference right to lease harbor area in port 
districts, see sec. 158, ante; to lease waterway, sec. 167, ante. 

Cited : 167 U. S. 75, 583 ; 7 Wash. 167 ; 31 Wash. 452 ; 42 Wash. 641 ; 47 
Wash. 170; 49 Wash. 388; 54 Wash. 533; 62 Wash. 96; 64 Wash. 600; 65 
Wash. 105 ; 68 Wash. 397, 575. 

The consent of the Secretary of War to construct a bridge over navigable 
water is not a condition precedent to a suit to condemn tide lands to be reached 
by such bridge : State ex rel. Hulme v. Grays H. etc. R. Co., 54 Wash. 530. 

A vested right to a lease of harbor area may be appropriated by a railway 
company in condemnation proceedings. Measure of damages stated : idem; 
State ex rel. Wilson v. same, 60 Wash. 32. 

Since the right to construct a railroad in harbor area may be acquired 
by lease from the state, it is not a valid objection to a railway company's pe- 
tition to condemn tide lands that it must first cross harbor area, and that 
harbor area cannot be condemned for such use. State ex rel. Hulme v. Grays H. 
etc. R. Co., 54 Wash. 530. 

Prior to the amendment of this section, tide lands could not be appropriated 
for railway purposes. Seattle etc. R. Co. v. State, 7 Wash. 150. 

The equitable interest of a purchaser of state lands under contract is sub- 
ject to appropriation under this section, and the state is not a necessary party 
to such action : State ex rel. Trimble v. Superior Court, 31 Wash. 445. 

The obstruction of a wharf upon tide lands in private ownership by the 
operation of a drawbridge over navigable water, built under state and Federal 
authority, is a taking or damaging of private property for which compensation 
must be made : Nor. Pac. R. Co. v. Slade Lbr. Co., 61 Wash. 195. 

SEC. 251. CERTAIN CITIES MAY APPROPRIATE STATE LANDS. 

Every city of the first, second and third classes and other 
cities having a population of over fifteen hundred inhabitants 
within the State of Washington, is hereby authorized and em- 
powered to condemn land and property, including state, county 
and school lands and property for streets, avenues, alleys, high- 
ways, bridges, approaches, culverts, drains, ditches, public 
squares, public markets, city and town halls, jails and other 
public buildings, and for the opening and widening, widening 
and extending, altering and straightening of any street, avenue, 
alley or highway, and to damage any land or other property 
for any such purpose or for the purpose of making changes in 
the grade of any street, avenue, alley or highway, or for the 
construction of slopes or retaining walls for cuts and fills upon 
real property abutting on any street, avenue, alley or highway 
now ordered to be, or such as shall hereafter be ordered to be 



STATE LAND LAWS 179 

CONDEMNATION CITIES. SEC. 251 

opened, extended, altered, straightened or graded, or for the 
purpose of draining swamps, marshes, tide lands, tide flats or 
ponds, or filling the same, within the limits of such city, and to 
condemn land or property, or to damage the same, either within 
or without the limits of such city for public parks, drives and 
boulevards, hospitals, pest houses, drains and sewers, garbage 
crematories and destructors and dumping grounds for the 
destruction, deposit or burial of dead animals, manure, dung, 
rubbish, and other offal, and for aqueducts, reservoirs, pumping 
stations and other structures for conveying into and through 
such city a supply of fresh water, and for the purpose of protect- 
ing such supply of fresh water from pollution, and to condemn 
land and other property and damage the same for any other 
public use after just compensation having been first made or 
paid into court for the owner in the manner prescribed by this 
act. (Laws '07, p. 316, sec. 1 ; sec. 7768 Rem.-Bal. ; 171 sec. 
31 Pierce.) 

Former Laws: Laws '93, p. 189, sec. 1; Laws '05, p. 84, sec. 1. 

NOTE: Sec. 6 of this act (Laws '07, p. 318, sec. 6; 7773 Rem.-Bal.; 
171 sec. 41 Pierce), provides: "In case the land, real estate, premises or 
other property sought to be appropriated or damaged is state, school or 
county land, the summons and copy of petition shall be served on the 
auditor of the county in which such land, real estate, premises or other 
property is situated." This is considered amended by sec. 246, supra, 
a later act of the same session. 

May condemn watersheds: sec. 64, ante. 

Rights of way for streets granted: sec. 204, ante. 

Rights of way granted for municipal power lines, etc.: sec. 210 
et seq., ante. 

Right to occupy beds and shores of navigable waters granted to 
cities: sec. 228, ante. 

Selection of streets over vacated waterways: sec. 283, post. 

Bridges over waterways: sees. 243-244, ante. 

Cited: 34 Wash. 352; 35 Wash. 306; 36 Wash. 116; 38 Wash. 27-518; 44 
Wash. 63-134 ; 53 Wash. 218 ; 54 Wash. 293-451 ; 55 Wash. 661 ; 58 Wash. 595 ; 
59 Wash. 42 ; 62 Wash. 432 ; 63 Wash. 573 ; 66 Wash. 95-334 ; 73 Wash. 
234-694; 228 U. S. 150. 

This section is not repugnant to sec. 1, Art. XVI, Const., ante, which pro- 
vides that no granted lands shall be disposed of for less than the market 
value, to be ascertained as provided by law : Roberts v. Seattle, 63 Wash. 573. 

A private corporation has no power to condemn state lands for the purpose 
of procuring water for domestic use : State ex rel. AWy Gen'l v. Superior 
Court, 36 Wash. 381. 



180 STATE LAND LAWS 

SECS. 252-253 CONDEMNATION CITIES WATERWAYS. 

SEC. 252. CITIES TIDE LAND IMPROVEMENT. 

The right of eminent domain is hereby extended to any such 
city of the second class or third class for the condemnation of 
lands and other property, either within or without the corporate 
limits of such city, for the purpose of filling and draining such 
marsh lands, swamp lands, low lands, tide lands or tide flats and 
in so doing constructing said canals or water ways as con- 
templated in chapter 16 of the Session Laws of 1913 ; and every 
such city shall have the right to appropriate real estate or other 
property for the rights of way of such canals or waterways or 
whatever property is necessary to be appropriated or damaged 
for the construction thereof, and the filling and draining of such 
marsh lands, low lands, swamp lands, tide lands or tide flats and 
for other uses provided for in said act; and all the provisions 
of chapter 153 of the Session Laws of 1907, and acts amendatory 
thereof shall be applicable and used in appropriating and damag- 
ing lands as contemplated by this section except in so far as the 
same may be inconsistent herewith ; and the right of eminent 
domain authorized by this section shall be exercised in the same 
manner and under the same procedure as is authorized by the 
said act of the legislature of 1907, and acts amendatory thereof. 

(Laws '13, p. 45, sec. 21 ; 3 Rem.-Bal., sec. 7987-21.) 

. See section 251, supra, which is a part of the act of 1907 referred to 

in this section. See note thereto as to service of process. 

SEC. 253. EMINENT DOMAIN TO COMMERCIAL WATERWAY 
DISTRICTS. 

All state, county, school district, or other lands belonging to 
other public corporations shall be subject to the provisions of 
chapter 11, Laws of 1911, and such corporations, by and 
through the proper authorities, shall be made parties in all 
proceedings thereunder affecting said lands, and shall have the 
same rights as private persons, and their lands shall be subject 
to the right of eminent domain the same as the lands of private 
persons or corporations. (Laws '11, p. 43, sec. 44; 3 Rem.- 
Bal., sec. 8208a; 437 sec. 115 Pierce.) 

Former Laws: Laws '09, special session, p. 34, sec. 43. 

Service of process: sec. 246, supra. 



STATE LAND LAWS 181 

CONDEMNATION WATERWAYS. SECS. 254-256 

Petition for inclusion of state lands within such districts: sec. 245, 
supra. 

Grant of reclaimed lands to such districts: sec. 238, supra. 
Local improvement assessments in such districts: sec. 346, infra. 

SEC. 254. SAME RIGHTS OF WAY. 

The right, power and authority to acquire the necessary and 
needed rights of way for any and all purposes created by 
chapter 11 of the Laws of 1911, may be acquired by the com- 
missioners of any waterway district over and across or upon any 
land or interest therein of the State of Washington. (Laws '11, 
p. 19, sec. 7e; 3 Rem.-Bal., sec. 8172a ; 437 sec. 41e Pierce.) 

Former Laws: Laws '09, Sp'l Ses., p. 15, sec. 7e. 

See next preceding section. 

SEC. 255. WATERWAY IMPROVEMENT DISTRICTS. 

The board [of county commissioners] shall have the right of 
eminent domain for the acquisition of lands necessary to the 
construction or widening of the proposed waterway, and may 
cause all necessary lands to be condemned and appropriated 
or damaged for the use of said waterway, and make just com- 
pensation therefor. The private property of the state, the coun- 
ty, and other public or quasi-public corporations (except in- 
corporated cities and towns), and of private corporations, shall 
be subject to the same rights of eminent domain at the suit of 
said board as the property of private individuals. (Laws '11, p. 
68, sec. 8; 3 Rem.-Bal., sec. 8212-8; 437 sec. 145 Pierce.) 

Sees. 255-257 are from chap. 23, Laws '11, providing for the establish- 
ment of waterway improvement districts. 

Local improvement assessments in such districts: sec. 345, post. 

SEC. 256. WATERWAYS STATE LANDS LIABLE. 

State, school, county, school district, and other lands belong- 
ing to other public corporations which will be benefited by the 
construction, deepening or widening of any such waterway, and 
which are not devoted to public use, shall be subject to the pro- 
visions of chapter 23 of the Session Laws of 1911, and the 
owners thereof by and through the proper authorities, shall 
be made parties in all proceedings affecting said lands, and shall 
have the same rights and be liable to the same right of eminent 



STATE LAND LAWS 
SECS. 257-259 CONDEMNATION WATERWAYS DIKES. 

domain as the lands of private persons or corporations. (Laws 
'11, p. 87, sec. 56; 3 Rem.-BaL, sec. 8212-56; 437 sec. 241 
Pierce.) 

SEC. 257. WATERWAYS SERVICE OF PROCESS. 

In case the land or other property sought to be taken or 
damaged is state land, the summons and copy of petition shall 
be served upon the Commissioner of Public Lands ; if it is 
county land it shall be served upon the county auditor, and if 
school [district] land, upon the county auditor and the chair- 
man of the board of directors of the school district. If the state 
is made a defendant the attorney general shall represent it. 
(Laws '11, p. 70, sec. 13; 3 Rem.-Bal., sec. 8212-13; 437 sec. 
155 Pierce.) 

Service of process generally: sec. 246, supra. 

Duties of Attorney General: sec. 50^, supra. 

SEC. 258. DIKING DISTRICTS MAY CONDEMN. 

All state, county, school district or other lands belonging 
to other public corporations requiring to be diked as a protec- 
tion from overflow shall be subjected to the provisions of chapter 
117 of the Session Laws of 1895, [relating to diking districts], 
and such corporations, by and through the proper authorities, 
shall be made parties in all proceedings therein affecting said 
lands and shall have the same rights and [be] liable to the 
same right of eminent domain as private persons, and their 
lands shall be subject to the right of eminent domain the same 
as the lands of private persons or corporations. (Laws '95, p. 
327, sec. 38; sec. 4132 Rem.-Bal.; 151 sec. 83 Pierce.) 

Former Laws: Laws '93, pp. 218-219. 

Grant of reclaimed beds and shores to such districts: sec. 232, ante. 
Local improvement assessments in such districts: sec. 343, post. 
Former laws unconstitutional : Askam v. King County, 9 Wash. 1 ; Skagit 
County v. Stiles, 10 Wash. 388. 

SEC. 259. SAME RIGHTS OF WAY. 

The right, power and authority to acquire the necessary and 
needed rights of way for any and all purposes now existing by 
law or created by this act,* may be acquired by the commis- 



STATE LAND LAWS 183 

TRESPASS. SECS. 260-261 

sioners of any diking district over, across and upon any land, 
or interest therein, of the State of Washington. (Laws '07, p. 
176, sec. 2; sec. 4098 Rem.-Bal. ; 151 sec. 15 Pierce.) 

* "This act" refers to chap. 95, Laws '07, relating to diking dis- 
tricts. 

SEC. 260. INTER-COUNTY DIKING AND DRAINAGE DISTRICTS. 
Any district created under the provisions of chapter 225, 
Laws 1909, is hereby granted the right to exercise the power 
of eminent domain against any lands or other property be- 
longing to the State of Washington, and such power of eminent 
domain shall be exercised under and by the same procedure as is 
now, or may hereafter be, provided by the laws of this state for 
the exercise of the right of eminent domain by ordinary rail- 
road corporations. (Laws '09, p. 808, sec. 27 ; sec. 4208 Rem.- 
Bal. ; 149 sec. 53 Pierce.) 

Service of process: sec. 246, supra. 

Payment of damages: sec. 247, supra. 

Local improvement assessments in such districts: sec. 347, post. 



CHAPTER 21. 



TRESPASS ON STATE LANDS. 

SEC. 261. Trespass Defined. 

262. Privileges of Contract Holder and Lessee. 

263. Penalty for Trespass. 

264. Board to Investigate and Prosecute. 

265. Treble Damages for Timber Removed. 

266. Unlawful Cutting of Timber, etc.; Misdemeanor. 

267. Trespass on Capitol Building Lands; Penalty. 

268. Trespass on Oyster Reserves. 

269. Trespass on Oyster Lands. 

270. Unlawful Removal of Oysters. 

271. Same; Penalty. 

272. Same. 

SEC. 261. TRESPASS DEFINED. 

If any person shall cut down, destroy, injure, or cause to be 
cut down, destroyed or injured, any timber standing, growing 



STATE LAND LAWS 
SEC. 262 TRESPASS CONTRACT RIGHTS. 

or felled upon any of the lands of the State of Washington be- 
fore deed shall have been issued by the state therefor as provided 
by law, 'or shall take or remove, or cause to be taken or re- 
moved from any such lands, any timber, wocd, clay, sand or other 
material or substance thereon, or shall dig, quarry, take or re- 
move any mineral (except by contract with the state), earth or 
stone from such lands, or shall cause to be dug, quarried, taken 
or removed any mineral (except by contract with the state), 
earth or stone from such lands, or shall otherwise injure, de- 
face or damage, or shall cause to be injured, defaced or damaged 
any such lands, he shall be deemed guilty of a misdemeanor. 
(Laws '99, p. 47, sec. 1 ; sec. 6824 Rem.-Bal. ; 135 sec. 1679 
Pierce.) 

Former Laws: Laws '90, p. 124-125, sees. 1-4; Laws '95, p. 549, sec. 
51; Laws '97, p. 247, sec. 38. 

Trespass on public lands generally; destruction or removal of docu- 
ments, monuments or instruments: Laws '99, p. 186 (sec. 2706 Rem.- 
Bal.) 

Trespass on Capitol Building lands: sec. 267, post. 

See sec. 266, post, additional. 

Trespass on oyster lands: sees. 268-272, 



The state is not a necessary party to an action for trespass on leased state 
lands : Sequim Bay Canning Co. v. Bugge, 49 Wash. 127. 



SEC. 262. TIMBER FOR DOMESTIC USE OF PURCHASER OR 
LESSEE. 

Nothing in the foregoing section shall be so construed as to 
prevent any person who shall lease said lands or hold the same 
under contract with the state for the purchase thereof, and oc- 
cupy the same for the purpose of a home, from cutting such 
timber as may be necessary for domestic use or to clear land for 
actual cultivation : Provided., That such lessee or contractor 
may sell such timber so cut in good faith for the purpose of 
clearing such land for cultivation : Provided further, however, 
That before any timber may be sold by any such lessee or con- 
tractor he must first obtain the written consent of the Com- 
missioner of Public Lands of the State of Washington to such 
sale ; otherwise such lessee or contractor shall not have the bene- 



STATE LAND LAWS 185 

PROSECUTION DAMAGES. SECS. 263-265 

fit of the provisions of this section. (Laws '99, p. 48, sec. 2 ; 
sec. 6825 Rem.-Bal.; 135 sec. 1681 Pierce.) 

Former Laws: Laws '95, p. 549, sec. 51. 

Privilege of purchaser of capitol building lands: sees. 267 and 428, 
post. 

Timber not to be cut on lands leased for pasture: sec. 139, ante. 

Unlawful to remove timber before payment of taxes: sec. 331 et 
seq,., post. 

Lessee for mining purposes may cut timber: sees. 190-192, ante. 

SEC. 263. PENALTY. 

Any person or persons violating the provisions of the two 
preceding sections shall be guilty of a misdemeanor, and upon 
conviction thereof, be punished by a fine of not less than twenty- 
five dollars nor more than one thousand dollars, or by imprison- 
ment in the county jail of the county in which such conviction 
was had, for a time not less than one month and not more than 
one year, or by both fine and imprisonment. (Laws '99, p. 48, 
sec. 3; sec. 6826 Rem.-Bal.; 135 sec. 1683 Pierce.) 

Former Laws: Laws '95, p. 549, sec. 51. 

SEC. 264. BOARD'S ACTION IN TRESPASS CASES. 

Said Board of Land Commissioners is hereby directed and 
empowered to investigate all trespasses on and damage to state 
lands, and prosecute the same under the law. (Laws '97, p. 
261, sec. 64; sec. 6614 Rem.-Bal.; 477 sec. 203 Pierce.) 

Former Laws: Laws '95, p. 569, sec. 99. 

Duty of state forest service to prevent, detect and prosecute trespass 
on state lands: Laws '11, p. 627, sec. 5. 

SEC. 265. TREBLE DAMAGES FOR TIMBER. 

Any person, firm, corporation or association cutting or remov- 
ing, or causing to be cut or removed, any timber growing or 
being upon any state, school or granted lands, or manufacturing 
the same into logs, bolts, shingles, lumber or other articles for 
domestic use or commerce, shall be liable to the State of Wash- 
ington in treble the value of the timber or other articles so 
cut or removed, to be recovered in a civil action ; and moreover, 
shall forfeit all interest in and to the article into which said tim- 



18 g STATE LAND LAWS 

SECS. 266-267 TRESPASS TIMBER. 

ber is manufactured. (Laws '97, p. 261, sec. 66; sec. 6823 
Rem.-Bal. ; 477 sec. 207 Pierce.) 

Former Laws: Laws '95, p. 570, sec. 101. 

Damages for trespass on school lands inure to permanent school 
fund: Const., Art. IX, sec. 3, ante. 

Damages for trespass generally: compare sees. 939-940 Rem.-Bal., 
2 Remington's Digest, p. 2731, sec. 17, and 4 Remington's Digest, p. 1006, 
sec. 17. 

SEC. 266. INJURING TIMBER ON STATE LANDS. 

Every person who shall wilfully (1) cut down, destroy or 
injure any wood, timber, grain, grass or crop, standing or 
growing, or which has been cut down and is lying upon the lands 
of another, or of the state, shall be guilty of a misdemeanor. 
(Laws '09, p. 1019, sec. 407; sec. 2659 Rem.-Bal.; 135 sec. 
811 Pierce.) 

Former Laws: Laws '90, p. 126, sec. 5. 

See sec. 261, ante, additional. 

SEC. 267. INJURY TO CAPITOL LANDS PENALTY. 

If any person shall cut down, destroy or injure any tree 
standing or growing upon any of the lands granted to the 
State of Washington, for erecting public buildings at the capital 
of said state before patent shall have been issued by the state 
therefor, or shall take or remove from any such lands any 
timber or wood, or shall dig, quarry, take or remove any 
mineral, earth or stone from such lands, such person, upon 
conviction thereof, shall be punished by imprisonment in the 
county jail not less than one month nor more than one year; or 
by fine not less than fifty nor more than one thousand dollars, 
or both: Provided, That nothing in this section shall be so 
construed so as to prevent any purchaser who shall purchase 
said land for purposes of a home from cutting such timber as 
may be necessary for domestic use, or to clear land for actual 
cultivation. (Laws '93, p. 188, sec. 10 ; sec. 6827 Rem.-Bal. ; 
457 sec. 37 Pierce.) 

Trespass on state lands generally: sees. 261, 266, ante. 

Removal of timber by purchaser under contract: sec. 428, post, 
which is a later act. 



STATE LAND LAWS 187 

TRESPASS OYSTER LANDS. SECS. 268-270 

SEC. 268. TRESPASS ON OYSTER RESERVES. 

If any person or persons shall take oysters from any of the 
state oyster land reserves contrary to the provisions of this act,* 
or shall go upon said reserves and rake up, or otherwise prepare 
oysters to facilitate the taking of same, shall be guilty of a mis- 
demeanor and upon conviction thereof shall be fined in a sum not 
less than one hundred dollars, and imprisoned for a term of not 
more than one year, and forfeit any license he or she may then 
hold. (Laws '03, p. 343, sec. 13; sec. 5253 Rem.-Bal. ; 373 
sec. 25 Pierce.) ' 

Former Laws: Laws '95, p. 24, sees. 1-2; Laws '97, p. 304, sec. 22. 

* Sees. 355-365, post. 

Cited: 39 Wash. 236; 56 Wash. 275. 

SEC. 269. INJURY TO OYSTER BEDS AND BOUNDARY MARKS. 

Any person who shall wilfully (10) take, carry away, interfere 
with or disturb any oysters or shell fish of another in any river, 
bay or other water of this state, or remove, pull up or destroy 
any stake or buoy used for designating any oyster bed, shall 
be guilty of a misdemeanor. (Laws '09, p. 1019, sec. 407; 
sec. 2659 Rem.-Bal.; 135 sec. 811 Pierce.) 
SEC. 270. UNLAWFUL TO REMOVE OYSTERS, EXCEPT. 

It shall be unlawful to gather oysters or to remove them from 
any natural oyster bed or natural oyster bed reserve in any of 
the rivers, bays or waters of the State of Washington, at any 
time from the 15th day of June to the 15th day of March fol- 
lowing and inclusive of each year, except under the supervision 
of the Fish Commissioner of the State of Washington or of the 
United States for purposes of propagation, experimental or 
other scientific purposes : Provided, That nothing in this section 
shall be construed to interefere with the provisions of section 
369 of this code. (Laws '95, p. 49, sec. 1 ; amended, Laws '99, 
p. 270, sec. 1; sec. 5269 Rem.-Bal.; 373 sec. 103 Pierce.) 

Other Laws: Laws '95, p. 24, sec. 1 (5267 Rem.-Bal.); Laws '97, p. 
304, sec. 22 (5264 Rem.-Bal.). 

NOTE: Insofar as this implies a lawful open season for removal of 
oysters from state reserves, it is superseded by sec. 359 et seq., post. 

License to dredge for oysters: sec. 366, post. 



STATE LAND LAWS 
SECS. 271-272 TRESPASS ESTABLISHMENT WATERWAYS. 

SEC. 271. PENALTY. 

Any person violating any of the provisions of section 270 
shall be deemed guilty of a misdemeanor and, upon conviction 
thereof, shall be fined in any sum not less than $25 nor more than 
$100, or be imprisoned in the county jail for a period of not less 
than ten days nor more than 60 days, or be both fined and 
imprisoned, at the discretion of the court. (Laws '95, p. 50, 

sec. % ; sec. 5270 Rem.-Bal. ; 373 sec. 105 Pierce.) 
Other Laws: Laws '95, p. 24, sec. 2 (5268 Rem.-Bal.). 
Penalty for unlawful removal from oyster reserves: sec. 268, supra. 
Cited : 50 Wash. 304. 

SEC. 272. GATHERING OYSTERS FROM BED LOCATED BY 
ANOTHER. 

It shall not be lawful for any person to gather oysters by any 
means on any beds located in accordance with section 369 of this 
code, except at the option and by the permission of the party or 
parties holding the same, under a penalty of five hundred dollars 
fine for so offending, or imprisonment, to be recovered in a civil 
action, to be brought in the name of the state. (Code 1881, sec. 
1199; sec. 5255 Rem.-Bal.; 373 sec. 151 Pierce.) 

Former Laws: Laws '79, p. 120, sec. 6. 



CHAPTER 



ESTABLISHMENT AND VACATION OF WATERWAYS. 
SEC. 273. Waterways to be Established. 

274. Width and Depth. 

275. To Include Navigable Streams. 

276. Filing of Plats. 

277. Ways to Remain Open. 

278. Definitions. 

279. Board to Establish. 

280. Payment of Expenses. 

281. Port Districts: Improvement of Waterways. 

282. Vacation of Waterways. 

283. Same; Extension of Streets Over. 

284. Same; Disposition of Vacated Way. 

285. Same; Restriction. 

Cross-References: LEASE OF WATERWAYS: sec. 163, ante, et seq.; 
IMPROVEMENT OF WATERWAYS: sec. 286, post, et seq.; PLAT- 
TING TIDE LANDS: sec. 306, post, et seq. 






STATE LAND LAWS 189 

WATERWAYS ESTABLISHMENT. SECS. 273-276 

SEC. 273. WATERWAYS ACROSS TIDE LANDS. 

There shall be established one or more public ways across all 
of the tide flats that are situated within or in front of any in- 
corporated city or town, or within two miles either way from any 
incorporated city or town within the State of Washington. 
(Laws '90, p. 731, sec. 1; sec. 8092 Rem.-Bal. ; 477 sec. 217 
Pierce.) 

Streets over tide flats: sec. 309 et seq., post. 

Bridges over waterways: sec. 243 et seq., ante. 

Excavation of waterways: sec. 286 et seq., post. 

Streets over waterways: sec. 311, post. 

Waterways constructed by filling districts: Laws '13, p. 42, sec. 17. 

Further provision for establishment: sec. 288, post. 

Laws of 1891, p. 405, relating to the improvement of harbors and water- 
ways, repealed : Tacoma Land Co. v. Young, 18 Wash. 495. 

SEC. 274. WIDTH AND DEPTH OF WAYS. 

The public ways provided for in section 27.3 shall not be less 
than fifty nor more than one thousand feet wide, and shall com- 
mence at the outer or deep water end, in not less than twenty 
feet of water at low tide, and shall extend inland across the 
state's tide lands. (Laws '90, p. 731, sec. 2; sec. 8093 Rem.- 
Bal.; 477 sec. 219 Pierce.) 

SEC. 275. SHALL INCLUDE NAVIGABLE STREAMS. 

The public ways above provided for shall be so located as to 
include, as near as is practicable, within their bounds, all navi- 
gable streams running through the tide flats in which they are 
located, and at such other places as may be necessary for the 
present or future convenience of commerce. (Laws '90, p. 731, 
sec. 3; sec. 8094 Rem.-Bal.; 477 sec. 221 Pierce.) 

SEC. 276. PLATS OF WAYS. 

A correct plat of all public ways so established shall be made, 
one copy of which shall be filed with the Secretary of State, one 
copy with the Commissioner of Public Lands of the state; one 
copy shall be kept in the office of the chairman of the Board of 
Harbor Line Commissioners,* and each county shall be fur- 
nished with a correct plat of all such public ways established 
within its borders, and such plats shall be filed as city or town 



190 STATE LAND LAWS 

SECS. 277-279 ESTABLISHMENT OF WATERWAYS. 

plats are filed and become a part of the county records. (Laws 
'90, p. 781, sec. 4; amended, Laws '93, p. 26, sec. 1 ; sec. 8095 
Rem.-BaL; 477 sec. 223 Pierce.) 

* Succeeded by Board of State Land Commissioners: sec. 13, 
supra. 

Filing of tide land plats: sees. 308 and 322, infra. 

SEC. 277. RESERVED FROM SALE OR LEASE. 

All the public ways that may be established under the provis- 
ions of this chapter are, and shall forever be, reserved from sale 
or lease as public ways for water crafts. (Laws '90, p. 732, sec. 
5; sec. 8096 Rem.-BaL; 477 sec. 225 Pierce.) 

Partially repealed: see sees. 163-169, ante, as to lease; sees. 282- 
284, post, as to vacation and sale. 

Special grants of rights in Ilwaco waterways: 521 et seq., post. 
Further provision: sec. 294, post. 
Cited: 64 Wash. 324. 

SEC. 278. TERMS DEFINED. 

Where the words "tide flats or tide lands" are used in this 
chapter, they shall be construed to mean all lands over which the 
tide ebbs and flows, and which is bare at low tide ; and where the 
words ordinary water crafts are used, they shall be construed 
to mean boats, barges and other water crafts drawing two and 
one-half feet and over of water. (Laws '90, p. 732, sec. 6 ; sec. 
8097 Rem.-Bal. ; 477 sec. 227 Pierce.) 

Cited: 11 Wash. 229. 

SEC. 279. POWERS OF BOARD. 

The Board of Harbor Line Commissioners are hereby author- 
ized and instructed to carry out the provisions of this act,* and 
they shall begin operations as soon as practicable after the pas- 
sage and approval of this act ;* and they are hereby authorized 
to employ such assistance and procure such material as may be 
necessary to carry out the full intent and purpose of this act,* 
and the compensation for the same shall be such reasonable 



STATE LAND LAWS 
WATERWAYS IMPROVEMENT VACATION. SECS. 280-282 

amount as said commissioners may deem advisable. (Laws '90, 
p. 732, sec. 7; sec. 8098 Rem.-Bal. ; 477 sec. 229 Pierce.) 

* Sees. 273-280. 

Harbor Line Commission succeeded by Board of State Land Com- 
missioners: sec. 13, ante. 

SEC. 280. EXPENSES. 

All bills incurred in carrying out the provisions of this act* 
shall be audited and paid in the same manner as is provided in 
the act creating the Harbor Line Commissioners, for the pay- 
ment of bills incurred by them. (Laws '90, p. 762, sec. 8 ; sec. 
8099 Rem.-Bal.; 477 sec. 231 Pierce.) 

* Sees. 273-280. 

Board of State Land Commissioners as Harbor Line Commission: 
sec. 13, ante. 

Harbor Line Commission created: Laws '90, p. 239. 

SEC. 281. POWERS OF PORT DISTRICTS. 

All port districts organized under the provisions of chapter 
92 of the session Laws of 1911 shall be and are hereby author- 
ized to improve navigable and non-navigable waters of the 
United States and the State of Washington within the port 
district ; to create and improve for harbor purposes new water- 
ways within the port district; to regulate and control all such 
waters and all natural or artificial waterways (waterways of 
commercial waterway districts excepted) within the limits of 
such port district so far and to the full extent that this state 
can grant the same, and remove obstructions therefrom; to 
straighten, widen, deepen and otherwise improve any and all 
waters, watercourses, bays, lakes or streams, whether navigable 
or otherwise, flowing through or located within the boundaries 
of such port district. (Laws '11, p. 418, sec. 4; amended, Laws 
'13, p. 210, sec. 4; 3 Rem.-Bal., sec. 8165-4; 437 sec. *7 
Pierce.) 

Excavation of waterways: sec. 286 et seq., infra. 

SEC. 282. VACATION OF WATERWAYS. 

Whenever any waterway heretofore established under the 
authority of the laws of this state, or any portion of such water- 



192 STATE LAND LAWS 

SEC. 283 VACATED WATERWAYS STREETS. 

way, shall not have been excavated, or shall not be in use for the 
purposes of navigation, or shall no longer be required in the 
public interest to exist as a waterway, such waterway or portion 
thereof may be vacated by written order of the Commissioner 
of Public Lands of the State of Washington whenever he shall 
be requested so to do by ordinance or resolution of the city 
council of the city in which such waterway is situate, in whole 
or in part, or, in case such waterway is situate, in whole or in 
part, in a port district organized under the laws of the State 
of Washington, whenever he shall be requested so to do by 
resolution of the port commission of such port district; and 
upon the making of such order the waterway or portion thereof 
shall thereupon be deemed to be and shall be thereby vacated: 
Provided, however, That if the waterway or portion thereof 
so vacated be navigable water of the United States, or otherwise 
within the jurisdiction of the United States, a copy of such res- 
olution or ordinance, together with a copy of said order of the 
Commissioner of Public Lands certified to by him, shall be sub- 
mitted to the secretary of war and chief of engineers of the 
United States for their approval, and if they approve the same 
such waterway or portion thereof shall thereupon be deemed to 
be and shall be thereupon vacated. (Laws '09, p. 114, sec. 1; 
amended, Laws '13, p. 590, sec. 1; 3 Rem.-BaL, sec. 8117; 
77 sec. *1193 Pierce.) 

Compare sec. 308, infra. 

Smith's Cove waterway, Seattle, vacated: sec. 543, infra. 

SEC. 283. STREETS ACROSS VACATED WATERWAYS. 

Upon such vacation occurring, in either of the manners afore- 
said, the city within, in front of, or in the vicinity of which 
such waterway is located, shall have the right to extend across 
the portions so vacated any existing streets, or to select there- 
from such portions thereof as the city may desire for street 
purposes, in no case to exceed 150 feet in width for any one 
street. Such selection shall be made within sixty days sub- 
sequent to the receipt of notice from any party in interest of 



STATE LAND LAWS 193 

VACATED WATERWAYS REVERSION. SECS. 284-285 

the vacation of the portion of the waterway so vacated. (Laws 
'09, p. 115, sec. 2; sec. 8118 Rem.-Bal. ; 77 sec. 1195 Pierce.) 

Bridges over waterways: sec. 243 et seq., ante. 

Streets over waterways: sec. 311, post. 

SEC. 284. DISPOSITION OF VACATED WATERWAY. 

Should such city fail to make such selection within such time, 
or having within such time made such selection, the title of the 
remaining portions of such waterway so vacated shall vest in 
the State of Washington, unless the same be situate within the 
territorial limits of a port district created under the laws of 
the State of Washington, in which event such title shall vest in 
said port district. If subsequent to such vacation, the vacated 
waterway or portion of waterway shall be embraced within the 
limits of a port district created under the laws of the State of 
Washington, the title to such portions thereof as shall then re- 
main undisposed of by the state shall vest in such port district. 
Such title so vesting shall be subject to any railroad or street 
railway crossings existing at the time of such vacation. (Laws 
'09, p. 115, sec. 3; amended, Laws '13, p. 591, sec. 2; 3 Rem.- 
Bal., sec. 8119; 77 sec. *1197 Pierce.) 

Compare sec. 308, post. 

Vacated Smith's Cove waterway, Seattle, disposition of: sec. 544, 
post. 

SEC. 285. CERTAIN WATERWAYS NOT TO BE VACATED. 

The provisions of the three preceding sections shall not apply 
to any waterway or portion of waterway which forms, or by 
improving same may be made to form, a connection between 
a river or another waterway and any tidal water. (Laws '13, 
p. 591, sec. 4; 3 Rem.-Bal., sec. 8119-2.) 

7 



194, STATE LAND LAWS 

SEC. 286 IMPROVEMENT OF WATEBWAYS. 



CHAPTER 



EXCAVATION OP WATERWAYS AND FILLING OF TIDE LANDS. 

SEC. 286. Commissioner May Make Contract. 

287. Application for Contract; Notice. 

288. Terms of Contract. 

289. Time for Performance. 

290. Certificate of Performance; Lien. 

291. Rights of Way Granted. 

292. Excavation and Bulkheads. 

293. Costs Included in Lien. 

294. Use of Waterways; Control by United States. 

295. Appraisement of Lands Affected. 

Cross-References: ESTABLISHMENT OF WATERWAYS: sec. 273 
et seq>, ante; LEASING WATERWAYS: sec. 163 et seq., ante; PLAT- 
TING AND APPRAISEMENT TIDE LANDS: sec. 306 et seq., post. 

SEC. 286. CONTRACTS FOR FILLING TIDE LANDS. 

The Commissioner of Public Lands of the State of Washing- 
ton may, when in his judgment the interests of commerce would 
be subserved thereby, enter into contract with any person or 
persons, or incorporated companies doing business in the State 
of Washington, for the excavation of any waterway or water- 
ways through any lands belonging to the State of Washington, 
or to any citizen or corporation of said state, and for the filling 
in and raising above high tide of any tide or shore lands belong- 
ing to the State of Washington, and upon the completion of such 
contract such person or persons or incorporated company shall 
become entitled to and shall have a lien, as in this chapter pro- 
vided, upon all tide and shore lands belonging to the State of 
Washington, adjacent to such waterway, and remaining unsold 
on March 9, 1893, that they may fill in and raise above high 
tide, and all purchasers of said tide and shore lands from the 
State of Washington shall take the same subject to said lien: 
Provided, however, That such contract shall not become binding 
or operative until approved by the Governor, nor until such 
person or persons or incorporated company shall have filed with 
the Commissioner of Public Lands, a bond in the penal sum of 



STATE LAND LAWS 195 

CONTRACT FOR IMPROVEMENT. SEC. 287 

not less than twenty-five hundred, nor more than twenty-five 
thousand dollars, as in the judgment of said Commissioner of 
Public Lands shall be considered necessary in a particular case, 
with sureties to be approved by said Commissioner of Public 
Lands, said bond to be conditioned for the faithful performance of 
said contract : Provided furtJier, That no lands shall be affected 
thereby except lands within or in front of incorporated cities 
or towns, or within one mile thereof on either side, or lands be- 
tween any inner and outer harbor lines established by proper 
authority. (Laws '93, p. 241, sec. 1; sec. 8100 Rem.-Bal. ; 

477 sec. 233 Pierce.) 

Establishment of waterways: 273 et seq., ante. 

Cited: 8 Wash. 702, 708; 11 Wash. 231, 641, 645; 20 Wash. 279; 23 
Wash. 732; 35 Wash. 507, 509, 511; 36 Wash. 139; 56 Wash. 650; 70 Wash. 
556. 

The commissioner may enter into a new contract : Schlopp v. Forrest, 11 
Wash. 640. 

This chapter held constitutional : Seattle & Lake Washington etc. Co v. 
Seattle Dock Co., 35 Wash. 503 ; affirmed 195 U. S. 624. 

It is not contemplated that the state shall retain title to the tide lands 
until the completion of the contract of filling the same, but the state retains the 
power of disposition of all such lands, and there is reserved to the contractor 
merely a lien upon the lands still under his contract : Hays v. Hill, 23 Wash. 
730. 

SEC. 287. NOTICE OF APPLICATION FOR CONTRACT. 

Any person or persons, or any corporation, doing business in 
this state may give notice in writing to the Commissioner of 
Public Lands of his or their intentions to comply with the pro- 
visions of this chapter at any given locality or localities, describ- 
ing the same in general terms, and thereafter they shall have 
ninety days after the completion of the publication hereinafter 
mentioned within which to prepare the maps, specifications and 
contracts herein provided for. And the giving of said notice 
shall place the lands described subject to the operation of this 
chapter until the making and signing of the contracts herein 
provided for, and the making and signing of said contract shall 
make the lands described therein subject to the operating 
[operation] of this chapter pending its execution, and all per- 
sons or corporations purchasing said lands from the state in 
the meantime shall take the same subject to the ultimate lien 



196 STATE LAND LAWS 

SEC. 288 IMPROVEMENT OF WATERWAYS CONTRACTS. 

upon the same, provided for herein: Provided, however, That 
this section shall not be so construed as to require the Commis- 
sioner of Public Lands to enter into any contract whatever, or 
the Governor to approve any contract whatever ; and said Com- 
missioner of Public Lands shall have the right to refuse to make 
any contract, and the Governor shall have the right to refuse 
to approve any such contract which in their judgment or in the 
judgment of either of them would be detrimental to the interests 
of the state: And. provided further, That the Commissioner of 
Public Lands shall publish for thirty days, at the expense of 
the applicant, in some newspaper of general circulation, in the 
county where said lands are situated, notice of the pendency of 
such application, and request all interested parties to appear 
before him at the time and place mentioned in said notice and 
state their objections; and no contract shall be entered into by 
the Commissioner of Public Lands for the improvement of any 
such waterway or waterways until after the date fixed in said 
notice at which interested parties may appear and be heard. 
(Laws '93, p. 244, sec. 5; sec. 8104 Rem.-Bal. ; 477 sec. 241 
Pierce.) 

Cited : 20 Wash. 276 ; 35 Wash. 507 ; 60 Wash. 350. 

The owner of abutting uplands, having a mere preference right to purchase 
the tide lands when the same shall become subject to sale, is not entitled 
to special notice or opportunity to be heard upon the proposed contract : Seat- 
tle & Lake Wash. Canal Co. v. Seattle Dock Co., 35 Wash. 503. 

SEC. 288. TERMS OF CONTRACTS. 

Said contract with the Commissioner of Public Lands shall 
specify the waterway or waterways proposed to be excavated, 
and the lands to be affected thereby, and shall be accompanied 
by a map of the locality or localities showing said waterway or 
waterways, and their relation to the harbor lines and reserva- 
tions in front of the cities or towns where the same are located, 
and shall show the tide and shore lands- to be filled in and raised 
above high tide, properly designated and subdivided as nearly 
in accordance with the existing subdivisions of abutting uplands 
as the proper location of said waterway or waterways will per- 
mit, and shall specify and exhibit the waterway or waterways 



STATE LAND LAWS 197 

CONTRACT TIME LIMIT. SEC. 289 

proposed to be excavated as to their depth and width and extent : 
Provided, That when harbor lines and waterways have been 
established by the Harbor Line Commission of the state, no other 
waterways shall be excavated except the waterways exhibited on 
the final maps of said Harbor Line Commission, except with the 
consent and approval of such Harbor Line Commission ; and 
where no harbor lines and waterways have been so established 
then the plan mentioned in said contract must, before being 
adopted by said Commissioner, be submitted to and approved by 
the Harbor Line Commission : And provided further, That if no 
Harbor Line Commission be in existence, then the Commissioner 
of Public Lands shall establish waterways which may be excavat- 
ed as herein provided. (Laws '93, p. 242, sec. 2 ; sec. 8101 Rem.- 

BaL; 477 sec. 235 Pierce.) 

Board of State Land Commissioners as Harbor Line Commission: 
sec. 13, supra. 

Establishment of waterways: sec. 273 et seq., supra. 

Cited : 8 Wash. 231 ; 11 Wash. 231, 646 ; 20 Wash. 279 ; 35 Wash. 507. 

This chapter vests discretion in the Land Commissioner to determine what 
shall constitute the separate use for navigation, and does not require a pro- 
vision in the contract itself regulating what should constitute a partial com- 
pletion of the waterway capable of such separate use : Mississijjpi Valley Trust 
Co. v. Hofjus, 20 Wash. 272. 

The improvement by the state of its own tide lands by the construction of 
waterways and filling the lands so as to raise them above high tide, although 
lying within the corporate limits of a city, is not a violation of Art. 7, sec. 9, 
of the constitution conferring upon municipalities the power to make local im- 
provements by special assessment of the property benefited : Mississippi Valley 
Trust Co. v. Hofius, 20 Wash. 272. 

A person holding a contract to excavate cannot enjoin others from exca- 
vating without alleging they are trespassers or proceeding without authority 
from the state : Hays v. Hill, 23 Wash. 730. 

The contract is governed by the provisions of this act : Schlopp v. Forrest, 
11 Wash. 640. 

The contract may affect lands not owned by the state : Schlopp v. Forrest, 
11 Wash. 640. 

SEC. 289. TIME IN WHICH WORK IS TO BE DONE. 

Said contract shall specify the time of beginning work on 
said waterway or waterways, and the time when such work shall 
be completed : Provided, That the time set for the beginning of 
said work shall be within six months of the signing of said con- 
tract, and the time set for the completion of said work shall be a 
reasonable time, to be determined in each case by the Commis- 



198 STATE EAND LAWS 

SEC. 290 WATERWAY IMPROVEMENT CHARGES. 

sioner of Public Lands, according to the difficulties to be en- 
countered: And provided further, That said Commissioner of 
Public Lands, upon showing of due diligence on the part of the 
contracting parties may grant an extension of the time for the 
beginning or completion of said work. (Laws '93, p. 242, sec. 
3; sec. 8102 Rem.-Bal. ; 477 sec. 237 Pierce.) 

Cited: 20 Wash. 279; 35 Wash. 507. 
SEC. 290. COMMISSIONER'S CERTIFICATE LIEN. 

Upon the completion of the work, provided for by said con- 
tract, or any part thereof, capable of separate use for the pur- 
poses of navigation, according to the terms and conditions of 
said contract, and within the time provided therein, or such fur- 
ther extension of time as may have been granted by virtue of the 
preceding section, the Commissioner of Public Lands shall issue 
his certificate to the contracting parties, or their assigns, show- 
ing the actual cost of the filling in and raising above high tide 
of all tide and shore lands so filled in and raised above high tide 
by such completion of said work, or such separate portion there- 
of, and specifying and describing, with reasonable certainty, the 
lands so filled in and raised above high tide. Upon the filing in 
the office of the county auditior of the county or counties in 
which such lands are situated, of such certificate of the Commis- 
sioner of Public Lands, said contracting parties shall acquire a 
lien, and the same shall thereupon attach, for the amount speci- 
fied in such certificate, with fifteen per cent, additional thereon, 
and with interest on such amount and additional percentage 
from the date of such certificate at the rate of eight per cent, 
per annum until payment: Provided, however, That such lien 
shall not be operative for an amount exceeding the cost of the 
work as stated in the contract, or, as the case may be, such por- 
tion of said stated cost as shall be proportionate to the part of 
the work with reference to which the certificate has issued, upon 
the bonds [lands] specified in such certificate. Such lien shall not 
be in solido, and upon the sale by the state to any person, or by 
any owner claiming under the state to any other person, of any 
of the tide and shore lands specified in such certificate, the lien 



STATE LAND LAWS 
LIEN FOR COST. SEC. 290 

herein granted may be discharged, as hereinbelow provided, as to 
any such part of said lands separately granted or owned, upon 
the payment of such part of the amount for which the lien upon 
the lands was given in the first instance as shall bear the same 
proportion to said whole amount which the area of such separate 
part of such lands bears to the area of the whole thereof. The 
amount due on such lien, or any proportionate part thereof 
separately payable as above provided, shall be payable by any 
owner of said lands, or any part thereof separately owned, as 
the case may be, other than the state, in ten equal annual install- 
ments, the first installment at the end of the first year after the 
sale of such lands, or of such separate portion thereof, by the 
state ; and the remaining installments, one at the end of each 
year thereafter, with accompanying interest on each of such 
installments, as hereinbefore provided, to the time of the payment 
thereof, and such lien may be foreclosed in the manner provided 
by law for the foreclosure of other liens on real estate for non- 
payment of the whole amount due, or of any separate installment 
or installments thereof which shall have become due. If such 
lands specified in any such certificate shall not be sold by the 
state, within one year after the date of such certificate, the 
parties in whose favor such certificate was issued, or their 
assigns, shall have the option during the next succeeding six 
months to purchase such lands, or any part thereof, from the 
state in the manner provided by then existing laws for the sale 
of tide lands of the state. This chapter shall not be so construed 
as to create any obligation on the part of the state to pay or 
discharge any lien which may attach to such lands by virtue of 
the provisions thereof. (Laws '93, p. 243, sec. 4 ; sec. 8103 

Rem.-Bal.; 477 sec. 239 Pierce.) 

Lessee entitled to appraisement as improvement: sec. 143, ante. 

Cited: 11 Wash. 644; 20 Wash. 279; 35 Wash. 507; 60 Wash. 344; 70 
Wash. 559. 

WHEN LIEN ATTACHES: 

The contract entered into becomes a lien when any part of the work suit- 
able for the purposes of commerce has been completed : Schlopp v. Forrest, 
11 Wash. 640. 

Where two contracts were entered into at the same time, each for the ex- 
cavation of a waterway to connect with the other and form one general 



200 STATE LAND LAWS 

SEC. 291 WATERWAYS RIGHTS OF WAY. 

waterway system, the two contracts were substantially one, and upon the com- 
pletion of the waterway under the first contract it was proper for the Com- 
missioner to issue his certificate against tide lands covered by the second 
contract, which were nearer to and derived their benefit from the first water- 
way, before the completion of the second waterway : Richards v. Bussell, 70 
Wash. 554. 

The commissioner has discretion to determine what shall constitute a 
separate use for navigation, and the contract need not provide what shall 
constitute a partial completion of a waterway capable of such separate use : 
Miss. Valley Trust Co. v. Hoflus. 20 Wash. 272. 

LIEN AND FORECLOSURE: 

Where the state has sold the tide lands against which the certificate Is to 
be issued, it is not a necessary party to an action to restrain the commissioner 
from issuing an excessive certificate : Bussell v. Ross, 60 Wash. 344. 

A purchaser of state lands, subject to a lien authorized by the state and 
expressly provided for in the contract of purchase, cannot question the valid- 
ity of the lien : Miss. Valley Trust Go. v. Hoflus. 20 Wash. 272. 

In an action to foreclose a certificate issued under this section, interest is 
properly allowed on installments of interest which are past due and unpaid, 
distinct from the principal indebtedness : Miss. Valley Trust Co. v. Hoflus, 20 
Wash. 272 ; Richards v. Bussell, 70 Wash. 554. 

The lien of these certificates may be foreclosed in the manner provided by 
law for the foreclosure of other liens upon real estate, with the consequent 
right of redemption governing the sale and redemption of mortgaged property : 
Miss. Valley Trust Co. v. Hoflus, 20 Wash. 272. 

COST: 

Where the platting of the lands was contemplated at the time of the. ex- 
ecution of the contract, and thereafter they were platted and sold, the cost 
of filling streets and alleys is to be added and charged to abutting lots : Bussell 
v. Ross, 64 Wash. 418 ; Richards v. Bussell, 70 Wash. 554. 

In the absence of fraud, the commissioner's certifiacte is presumptive, if 
not conclusive, evidence of the cost : Seattle, Lake WasTi. etc. Co. v. Seattle 
Dock Co., 35 Wash. 503 ; Bussell v. Ross, 64 Wash. 418 ; Richards v. Bussell, 
70 Wash. 554. 

Notwithstanding the subcontractor's profit, the contract holder is entitled 
to a lien for the "actual cost" to him, including the amount in good faith paid 
to the subcontractor and expended for superintendence and engineering, plus the 
15% profit allowed by this section : Richards v. Bussell, 70 Wash. 554. 

SEC. 291. RIGHTS OF WAY. 

A right of way is hereby granted for any waterway or water- 
ways herein provided for through any lands belonging to the 
State of Washington of sufficient width to accommodate said 
waterway or waterways ; the width and definite location of such 
right of way, however, shall be plainly and completely specified 
in the contract herein provided for. (Laws '93, p. 245, sec. 6; 
sec. 8105 Rem.-Bal. ; 477 sec. 243 Pierce.) 

Grant to commercial waterway districts: sec. 238, ante. 
Cited: 20 Wash. 276; 35 Wash. 507. 



STATE LAND LAWS 
IMPROVEMENT OF WATERWAYS. SECS. 292-294 

SEC. 292. BULKHEADS AND DEPTHS OF WATERWAYS. 

All contracts provided for herein shall specify the character 
of all bulkheads and other restraining works and be accompanied 
by drawings and specifications of the same, and the Commis- 
sioner of Public Lands shall be the judge of the sufficiency there- 
of, and of the minimum depth to which any waterway shall be ex- 
cavated, in order to make the same useful for the purposes of 
commerce and navigation. (Laws '93, p. 245, sec. 7; sec. 8106 
Rem.-BaL; 477 sec. 245 Pierce.) 

Cited: 20 Wash. 276; 35 Wash. 507; 60 Wash. 350. 
SEC. 293. EXPENSES CHARGEABLE AS COST OF FILLING. 

In ascertaining the cost of filling in and raising above high 
tide of any tide or shore lands, the cost of all bulkheads, and 
other restraining works, and the cost of filling in and raising 
above high tide of all streets, alleys and public squares or places, 
shall be apportioned to the lands benefited thereby, in addition 
to the cost of filling in such lands. (Laws '93, p. 245, sec. 8; 
sec. 8107 Rem.-BaL; 477 sec. 247 Pierce.) 

Cited: 20 Wash. 276; 35 Wash. 507; 60 Wash. 344; 64 Wash. 418; 70 
Wash. 560. 

Where the platting of the tide lands was contemplated at the time the 
contract was made, and they were subsequently platted and sold, the cost of 
filling streets and alleys is to be added and charged to abutting lots : Bussell 
v. Ross, 64 Wash. 418 ; Richards v. Bussell, 70 Wash. 554. 

SEC. 294. WAYS AND LOCKS WHEN FREE. 

All waterways excavated through any tide or shore lands be- 
longing to the State of Washington by virtue of the provisions 
of this chapter, so far as they run through said tide or shore 
lands, are hereby declared to be public waterways, free to all 
citizens upon equal terms, and subject to the jurisdiction of the 
proper authorities, as provided by law: Provided, That where 
tide gates or locks are considered, by the contracting parties 
excavating any waterways, to be necessary to the efficiency of 
the same, the Commissioner of Public Lands may, in his discre- 
tion, authorize such tide gates or locks to be constructed and 
may authorize the parties constructing the same to operate 
them and collect a reasonable toll from vessels passing through 
said tide gates or locks: Provided further, That the State of 



202 STATE LAND LAWS 

SEC. 295 FILLING TIDELANDS. 

Washington or the United States of America can, at any time, 
appropriate said tide gates or locks upon payment to the parties 
erecting them, of the reasonable value of the same at the date 
of such appropriation, said reasonable value to be ascertained 
and determined as in other cases of condemnation of private 
property for public use. (Laws '93, p. 246, sec. 9; sec. 8108 
Rem.-Bal.; 477 sec. 249 Pierce.) 

Public use of waterways: sec. 277, ante. 

Cited: 11 Wash. 231, 646; 20 Wash. 276; 35 Wash. 507. 

SEC. 295. APPRAISEMENT OF TIDE LANDS TO BE FILLED. 

If the Commissioner of Public Lands shall determine to let any 
contract for the excavation of a waterway, as hereinbefore pro- 
vided, the tide land appraisers appointed in the county in which 
said tide lands lie, shall forthwith appraise the tide lands which 
it is proposed to fill in by the excavation of such waterway, at 
their actual value at the time of letting such contract, and the 
said lands so appraised shall never be disposed of by the state 
for less than such appraised value. (Laws '93, p. 246, sec. 10; 

sec. 8109 Rem,-Bal. ; 477 sec. 251 Pierce.) 

Board of State Land Commissioners succeeds boards of appraisers: 
sec. 13, ante. 

Appraisement of tide lands, generally: sec. 319, post. 

Cited : 20 Wash. 276 ; 33 Wash. 390 ; 35 Wash. 507 ; 36 Wash. 141. 

Immediate appraisement is not mandatory, and the contractor is not entitled 
to a writ of mandamus requiring such appraisement to be made, where the lands 
had already been sold by the state prior to the completion of the contract : Hays 
v. Callvert, 36 Wash. 138. 






STATE LAND LAWS 
PLATTING UPLANDS. SECS. 296-297 



CHAPTER 



SUBDIVISION AND PLATTING OF LANDS. 

SEC. 296. Lands May Be Surveyed to Find Area. 

297. Certain Lands to be Platted; Procedure. 

298. Vacation and Amendment of Plats. 

299. Same; Re-Plat. 

300. Order of Vacation. 

301. Vacation of Streets; Petition. 

302. Duplicate Plats; Filing. 

303. Sale to Abutting Owners. 

Cross-Reference: Platting Tide and Shore Lands: sec. 306 et 
seq., infra. 

SEC. 296. SURVEYS TO DETERMINE AREA. 

The Board of State Land Commissioners or the Commissioner 
of Public Lands may cause any of the public lands of the state 
to be surveyed for the purpose of ascertaining and determining 
the area subject to sale or lease. (Laws '09, p. 758, sec. ; 
sec. 6661 Rem.-Bal.; 477 sec. 41 Pierce.) 

SEC. 297. LANDS TO BE PLATTED PROCEDURE. 

All lands within the limits of any incorporated city or town, 
or within two miles of the boundaries of such incorporated city 
or town, where the valuation of such lands shall be found by 
appraisement to exceed one hundred dollars per acre, or such 
other lands as the Board of State Land Commissioners may 
determine, shall, before the same be sold, be platted into lots 
and blocks or tracts, and not more than one block or tract 
shall be offered for sale in one parcel. The Board of State Land 
Commissioners may designate or describe any such plat by 
name or numeral or as an addition to any such city or town and, 
upon the filing of such plats, it shall be sufficient to describe the 
lands, or any portion thereof, embraced in such plat according 
to the designation prescribed by the Board of State Land Com- 
missioners. Such plats shall be made in duplicate and, when 
properly authenticated in accordance with the directions of the 
Board of State Land Commissioners, one copy thereof shall be 



204 STATE LAND LAWS 

SECS. 298-299 PLATTING UPLANDS REPLAT. 

filed in the office of the Commissioner of Public Lands and one 
copy in the office of the county auditor of the county in which 
the lands are situated ; and said auditor is hereby directed to 
receive and file such plats without compensation or fees and to 
make record thereof in the same manner as required by law for 
the filing of other plats in his office. (Laws '97, p. 235, sec. 11 ; 
amended, Laws '03, p. 103, sec. 1 ; amended, Laws '07, p. 751, 
sec. 5 ; amended, Laws '09, p. 758, sec. 2 ; sec. 6661 Rem.-Bal. ; 
477 sec. 41 Pierce.) 

Former Laws: Laws '89-'90, pp. 439-442, sees. 5-11; Laws '93, p. 
390, sec. 8; Laws '95, p. 532, sec. 15. 

See sec. 299, infra, a similar provision. 

Granted Lands required to be platted, when: Const., Art. XVI, 
sec. 4, supra. 

Blocks not to exceed five acres in area: idem. 

SEC. 298. BOARD MAY VACATE OR AMEND PLATS. 

The Board of State Land Commissioners is hereby authorized 
to vacate and annul any street, alley or public place in any plat 
of any public lands of the state situated outside of the limits 
of any incorporated city or town when deemed for the best in- 
terests of the state and to correct any defect or omission in any 
plat, or any defect or omission in the procedure with reference 
to the making or filing thereof in any plat heretofore or which 
may hereafter be made or filed. (Laws '09, p. 758, sec. 2 ; sec. 
6661 Rem.-Bal.; 477 sec. 41 Pierce.) 

Vacation of tide land plats in cities: sec. 308, post. 

SEC. 299. SAME RE-PLAT. 

When in the judgment of the State Board of Land Commis- 
sioners the best interest of the state will be thereby promoted, 
the said board is hereby authorized and empowered to vacate 
any plat or plats covering school and granted lands and vacate 
any streets, alleys and other public places therein situated. Any 
such lands within the limits of any incorporated city or town or 
within two miles of the boundary of any incorporated city where 
the valuation of such land shall be found by appraisement to 
exceed $100.00 per acre shall be replatted by said board into 
lots and blocks of not more than five acres in a block and dis- 



STATE LAND LAWS 205 

VACATION OF STREETS. SECS. 300-301 

posed of in the manner provided in sections 68 and 69 of this 
code: Provided, That the vacation of any such plat shall not 
affect the vested rights of any person or persons heretofore 
acquired therein. (Laws '03, p. 238, sec. 1 ; sec. 6662 Rem.- 
Bal. ; 477 sec. 43 Pierce.) 

Under this and the following sections, the exclusive power to vacate plats 
of state lands is vested in the Board of State Land Commissioners ; and county 
commissioners have no jurisdiction to vacate, modify or amend such plats : State 
ex rel. Ore. & Wash. R. Co. v. Abraham, 48 Wash. 215. 

SEC. 300. ENTRY OF ORDER. 

That said board in the exercise of the power and authority 
herein* conferred shall cause the order made by said board to 
vacate any plat or plats to be entered in the minutes of said 
board, and at once forward a certified copy thereof to the 
county auditor of the county wherein said platted lands are lo- 
cated, and said auditor upon the receipt thereof shall cause the 
same to be recorded in the miscellaneous deed records of his said 
county. (Laws '03, p. 239, sec. 2; sec. 6663 Rem.-Bal. ; 477 
sec. 45 Pierce.) 

* Sees. 299-303. 

County auditor not to collect fees: sec. 4068 Rem.-Bal.; Laws '07, 
p. 107, sec. 3. 

SEC. 301. PETITION FOR VACATION OF STREETS. 

Whenever all the owners and other persons who have a vested 
interest in the lands abutting on any street, alley or other public 
place, or any portion thereof, in any of the state granted, tide 
or shore lands lying outside of the limits of any incorporated 
city or town, which have been platted, or which hereafter shall 
be platted, shall petition the Board of State Land Commission- 
ers, by filing a petition therefor with the Commissioner of Public 
Lands, the Board of State Land Commissioners is authorized 
and empowered to vacate any such street, alley or public place, 
or part thereof, and all such streets, alleys and other public 
places and portions thereof which shall be so vacated shall be 
platted and appraised in the manner provided for the platting 
and appraising of similar lands : Provided, That where the area 
of such streets, alleys or other public places so vacated may be 



206 STATE LAND LAWS 

SECS. 302-303 REPLATS SALES OF STBEETS. 

determined from the plat already filed as provided by law it shall 
not be necessary to survey said street, alley or other public place 
so vacated, but the area thereof may be determined from such 
plat already filed. (Laws '03, p. 239, sec. 3; sec. 6664* Rem.- 

Bal.; 477 sec. 47 Pierce.) 

Vacation of tide land plats in cities: sec. 308, post. 

SEC. 302. PLATS TO BE IN DUPLICATE FILING. 

All plats provided for in this act* shall be in duplicate, and 
within thirty days after the adoption of any such plat by the 
Board of State Land Commissioners, one copy thereof shall be 
filed in the office of the Commissioner of Public Lands, and one 
copy thereof shall be filed in the office of the auditor of the 
county in which such land shall be situated, and the same shall 
be entered of record, notwithstanding the said maps or plats 
may not strictly conform to the city ordinances pertaining to 
the platting of lands adjoining said incorporated city or town. 
(Laws '03, p. 239, sec. 4; sec. 6665 Rem.-Bal.; 477 sec. 49 
Pierce.) 

* Sees. 299-303. 

No fees chargeable by county auditor: sec. 4068 Rem.-Bal.; Laws 
'07, p. 107, sec. 3. 

SEC. 303. SALE PREFERENCE RIGHTS. 

From and after the filing of such plats, as hereinbefore pro- 
vided, the lots, blocks, and other parcels into which such streets, 
alleys, or other public places, or parts thereof so vacated shall be 
so platted may be disposed of as provided by law in the case of 
similar lands: Provided, That the owner or owners and other 
persons who have a vested interest in the lands abutting on any 
of said lots, blocks or other parcels shall have a preference right 
for the period of sixty days from the final date of the filing of 
such plats and of the appraising of such lots, blocks or other 
parcels to purchase such lot, block or other parcel from the 
State of Washington at the appraised value thereof. (Laws 

'03, p. 239, sec. 5 ; sec. 6666 Rem.-Bal. ; 477 sec. 51 Pierce.) 

Granted lands to be sold at public auction: sec. 585, post, and 
Const., Art. XVI, sec. 2, ante. 

One who purchases platted tide or shore lands under preference right, 
takes the fee of abutting streets : Bussell v. Ross, 64 Wash. 418. 



STATE LAND LAWS 
HARBOR LINES. SEC. 306 

CHAPTER 25. 



ESTABLISHMENT OP HARBOR LINES AND PLATTING AND 

APPRAISEMENT OF TIDE AND SHORE LANDS. 
SEC. 306. Harbor Lines; Board to Establish. 

307. Same; Inner Harbor Line; Correction. 

308. Platting Tide and Shore Lands. 

309. Streets Over Same. 

310. Cities May Extend Streets. 

311. Same. 

312. Same. 

313. Control of Same. 

314. Streets Validated. 

315. Control of Same. 

316. City Limits Extended. 

317. Certain Sales Canceled. 

318. Same; Succession of Powers. 

319. Platting Tide and Shore Lands. 

320. Appraisement. 

321. Duplicate Plat Books. 

322. Filing of Same. 

323. May Be Filed in Sections. 

324. Notice of Plat and Appraisement; Appeal. 
Cross-References: SALE OF TIDE AND SHORE LANDS: sec. 87 

et seq., ante; LEASE OF HARBOR AREA: sec. 147 et seq., ante; SPE- 
CIAL ACTS: sec. 461 et seq., post. 

SEC. 306. HARBOR LINES ESTABLISHMENT EXTENSION. 

It shall be the duty of the Harbor Line Commission to estab- 
lish harbor lines and harbor areas in front of incorporated cities 
and towns where no harbor lines and harbor areas shall have 
theretofore been established, and the said Commission shall have 
power, whenever in the opinion of said commission it shall be 
necessary, to lengthen or to extend any such areas now existing 
or which may hereafter be existing in front of any city or town, 
all as is provided for in article fifteen of the constitution of this 
state. (Laws '07, p. 738, sec. 1 ; sec. 6769 Rem.-Bal. ; 477 sec. 
121 Pierce.) 

Former Laws: Laws '89-'90, p. 239, sec. 3; Laws '95, p. 555, sec. 63, 

Board of State Land Commissioners as Harbor Line Commission: 
sec. 13, ante. 

See notes to sec. 87, supra. 

Old harbor lines confirmed: sec. 59, supra. 



208 STATE LAND LAWS 

SEC. 307 HARBOR LINES RELOCATION. 

Harbor lines to be established: Const., Art. XV, sec. 1, ante, and 
notes. 

Lease of harbor area: sec. 147 et seq., ante. 

Special acts covering Aberdeen, Bellingham, Elaine, Hoquiam, La- 
Conner, Seattle, Lake Union, Lake Washington, South Bend and Van- 
couver: sec. 461 et seq., post. 

The harbor line commission has jurisdiction over Salmon bay, although the 
same is bare at low tide : State v. Harbor Line Commissioners, 4 Wash. 6. 

The -harbor line commission may establish harbor lines in front of towns, as 
sec. 1, Art. 15, Const., includes towns as well as cities : id. 

Laws 1895, p. 406, authorizing the disestablishment of harbor lines in front 
of towns under certain conditions is unconstitutional as being in conflict with 
Art. 15 of the state constitution, which contemplates that such lines, when once 
established shall forever remain so : Wilson v. State Land Commissioners, 13 
Wash. 65. 

The acts of the board in establishing harbor lines will not be controlled by 
the writ of prohibition : Harbor Line Commissioners v. State, 2 Wash. 530. 

SEC. 307. RELOCATION OF HARBOR LINES. 

Whenever it appears that the inner line of any harbor areas 
heretofore located has been so established as to overlap or fall 
inside of the government meander line, or for any other good 
cause, said commission is empowered to relocate and reestablish 
said inner line so erroneously established and outside of said 
meander line, and [tide lands above] said inner line so reestab- 
lished and relocated may be sold as other tide lands of like class 
in accordance with the provisions of this act.* (Laws '97, p. 
257, sec. 55; sec. 6777 Rem.-Bal. ; 477 sec. 187 Pierce.) 

* Chap. 89, Laws '97, and amendments. 

Former Laws: Laws '95, p. 565, sec. 87. 

NOTE: A limited preference right to improvers was conferred by 
the following clause in this section as enacted: Any owner of upland 
having improvements situated on the tide lands in front of and abut- 
ting on said upland, not being tide lands of the first class, shall have 
a preference right to purchase said tide lands at five dollars (5) per 
lineal chain measured along the United States meander line until 
July 1, 1897, whether applications have been filed or contests exist 
therefor or not: Provided, That this act shall not apply to tide lands 
sold or conveyed by contracts or patents already issued. 

Appraisement and sale of tide lands: sec. 87 et seq., ante. 

Cited : 27 Wash. 606-612. 

The act of 1905 (Laws '95, p. 406) which authorized the disestablishment of 
harbor lines, is void, since the constitution contemplates the establishment of 
permanent outer harbor lines : Wilson v. State Land Commsrs., 13 Wash. 65. 

The establishment of a shore line is conclusive upon all parties except the 
state or an upland owner who claims that the same is located too far inland : 
Williams v. Cole, 54 Wash. 110. 



STATE LAND LAWS 209 

PLATTING TIDE AND SHORE LANDS. SEC. 308 

SEC. 308. PLATTING OF TIDE AND SHORE LANDS OF FIRST 
CLASS REPLATTING. 

It shall be the duty of the Harbor Line Commission provided 
for in this act* to survey, plat, examine and appraise any tide or 
shore lands of the first class not heretofore platted and ap- 
praised and said commission may establish harbor lines in front 
of incorporated cities and towns where such harbor lines have 
not been heretofore established under the provisions of .article 
15 of the constitution of this state; and whenever all of the 
owners and other persons having a vested interest in the lands 
embraced within any such plat or within any portion of such plat 
embracing all the land in such plat, bounded by waterways here- 
tofore established and the upland and deep water, shall petition 
the State Land Commission by filing a petition therefor with the 
Commissioner of Public Lands, the State Land Commission is 
authorized and empowered to replat the lands described in said 
petition and all unsold land within such replat shall be reap- 
praised in the manner provided for original appraisement of 
tide lands. All streets, alleys, waterways and other public places 
embraced within any such plat or portion of plat vacated by the 
replat hereby authorized shall vest in the owner or owners abut- 
ting thereon. If in the preparation of such replat by the State 
Land Commission it becomes desirable to appropriate any tide 
land which has heretofore been sold for use as streets, alleys, 
waterways or other public places, all persons interested in the 
title shall join in the dedication of such replat before the same 
shall be effected. No waterways laid out prior to January 1, 
1900, shall be vacated. All plats and replats provided for in 
this section shall be in triplicate. Within thirty days after the 
adoption of such replat by the Commisison one copy shall be 
filed in the office of the Commissioner of Public Lands ; one copy 
in the office of the auditior of the county wherein such land is 
situated and one copy in the office of the city engineer of the city 
or town wherein such land is situated. Any replat of lands here- 
tofore platted shall be in full force and effect and shall consti- 
tute the vacation of streets, alleys and waterways and public 



210 STATE LAND LAWS 

SEC. 308 PLATTING TIDE AND SHORE LANDS. 

places heretofore dedicated and shall constitute a dedication of 
new streets, alleys or public places and waterways appearing 
upon such replat when a majority of the city council of the city 
or town wherein such replatted land is situated shall by resolution 
approve the same; and if such land is not in any incorporated 
city or town when a majority of the county commissioners of the 
county wherein such replatted land is situated shall approve the 
same. . Nothing herein contained shall be construed to supersede 
existing laws relating to the vacation of streets, alleys and pub- 
lic places. This section is intended to afford an additional method 
of procedure: Provided, If any streets heretofore platted are 
vacated by the replat and any new street or waterway is so laid 
out as to leave unsold tide land between such new street or water- 
way and land heretofore sold, the owner of said tide land here- 
tofore sold shall have the preference right, for sixty days after 
final approval of such replat, to buy the unsold tide land so inter- 
vening at the appraised value. (Laws '97, p. 248, sec. 40; 
amended, Laws '01, p. 326, sec. 1 ; sec 6745 Rem.-Bal. ; 477 sec. 
119 Pierce.) 

Former Laws: Laws '89-'90, p. 239, sees. 3-4; Laws '95, p. 550, 
sec. 53. 

Later act providing for establishment of harbor lines and survey 
and disposition of tide and shore lands: sec. 306, supra; 319, 323, post. 

* Chap. 89, Laws '97, and acts amendatory. 

Harbor Line Commission and State Land Commission succeeded by 
Board of State Land Commissioners: sec. 13, ante. 

Vacation of waterways: sec. 282 et seq., supra. 

Filing of tide land plats, additional: sec. 322, post. 

Filing of waterway plats: sec. 276, ante. 

Platting of state lands, generally: sec. 296 et seq., ante. 

Vacation of tide land plats outside of cities: sec. 299 et seq., post. 

Streets, etc., over reclaimed shore lands; selection: sec. 88, ante. 

Platting second class shore lands: sec. 102, ante. 

Cited : 13 Wash. 167 ; 14 Wash. 424 ; 17 Wash. 660 ; 42 Wash. 420. 

The establishment of a shore line by the board is conclusive upon all persons 
except the state or abutting owners who claim that the same Is located too 
far inland and upon their uplands : Williams v. Cole, 54 Wash. 110. 

Where the line of ordinary high water cannot readily be ascertained, be- 
cause of artificial changes, and the meander line is concededly incorrect, the 
courts will construct a conventional line as the boundary between uplands and 
shore lands : Brace & Hergert Mill Co. v. State, 49 Wash. 326. 



STATE LAND LAWS %\ \ 

STREETS OVER TIDE LANDS. SEC. 309 

The portion of an upland owner's plat which extends over tide lands belong- 
ing to the state, is superseded and avoided for all purposes by the state's 
tide land plat : Cook v. Hcnsler, 57 Wash. 392. 

The purchaser of tide lands according to the latest plat legally existing at 
the time of the purchase, is not estopped to dispute a former plat of the same 
lands which was vacated by the approval of the later plat : Henry v. Seattle, 
42 Wash. 420. 

SEC. 309. STREETS. 

In surveying tide or shore lands of the first class the said 
Harbor Line Commission shall have power to act, and it shall 
be their duty to lay out streets and alleys which shall thereby be 
dedicated to the public use, subject to the control of cities, with 
due regard to the convenience of commerce and navigation: 
Provided, That all alleys, streets, avenues, boulevards and other 
public thoroughfares heretofore located and platted on the tide 
or shore lands of the first class by boards of tide land appraisers 
or the Board of State Land Commissioners, are hereby validated 
as public highways and dedicated to the use of the public for 
the purposes for which they were intended, and no improver, up- 
land owner or other person shall have the right to buy the whole 
or any part of such alley, street, avenue, boulevard or other 
thoroughfare. (Laws ? 97, p. 248, sec. 41 ; sec. 6746 Rem.-Bal. ; 
477 sec. 131 Pierce.) 

Former Laws: Laws '95, p. 550, sec. 54. 

Municipal corporations may extend streets over tide lands: Const., 
Art. XV, sec. 3, ante, and notes; sec. 310 et seq., post. 

Cancellation of contracts of sale including streets: sec. 317, post. 

Control of streets over first class tide lands: sees. 310-316, post. 

Cities authorized to lease vacant tide land streets: Laws '99, p. 
84, sec. 1 (7839 Rem.-Bal.). 

See sees. 310-317, post. 

Cited : 17 Wash. 661 ; 14 Wash. 425 ; 38 Wash. 362 ; 42 Wash. 421. 

See 2 Remington's Digest, pp. 2062-2063, sees. 284-288; 4 Rem. Dig., p. 
759, sec. 288. 

With the consent of the state, streets may be extended in any direction 
over the harbor area to the outer harbor line : ChlopecJc Fish Co. v. Seattle, 
64 Wash. 315. 

The city acquires only an easement in harbor area included in street ex- 
tensions, and the grant is not a surrender by the state of its plenary control 
over streets and harbor area : idem. 

The extension of streets across harbor area and tide lands is independent 
of sec. 273 et seq.., ante, providing for the establishment of waterways, idem. 

The designation of a street extension as a "city slip" upon the harbor line 
plats does not indicate that such street is to be reserved as an open waterway 
for navigation so as to preclude the use of such area as a connection between 
the street and open water : idem. 



STATE LAND LAWS 
SEC. 310 TIDE LANDS AND HARBOR AREAS. 

A city of the first class has power to construct and maintain public landing 
places and other conveniences of navigation and commerce in streets extending 
over tide lands and harbor areas : idem. 

A charter provision authorizing a city to sell, dispose of or rent "water 
front" does not confer power to lease tide lands or harbor area of which it 
has control only as a public street : State ex rel. Port Angeles v. Morse, 56 Wash. 
654. 

Except as to tide lands owned by cities or included within streets, terri- 
torial statutes providing that cities might authorize the construction of 
wharves at street termini have been superseded by the constitution and laws 
providing for the sale, lease and control of tide lands and harbor areas : idem. 

A city may extend streets over tide lands and harbor areas beyond its cor- 
porate limits : Tacoma v. Titlow, 53 Wash. 217. 

Where a particular tract of tide land has been platted and appraised by the 
board of tide land appraisers as other tracts were platted and appraised and is 
not marked as a street nor contains any intrinsic evidence of an intent on the 
part of the board to lay it out as a street, the evidence of members of the board 
is inadmissible for the purpose of explaining and contradicting the plat : Ilwaco 
v. Ilwaco Ry. & Nav. Co., 17 W T ash. 652. 

The state land commissioners appointed under the public lands act of March 
26, 1895, had no authority to review the action of local boards of tide land ap- 
praisers in the location of streets upon tide lands, which acts had been subse- 
quently confirmed by legislation : Seattle v. Forrest, 14 Wash. 423. 

Streets laid out over tide lands by the board of tide land appraisers without 
authority under Laws 1890, p. 431, were validated and declared public highways 
by Laws 1895, p. 550 : West Seattle v. West Seattle Land Co., 38 Wash. 359. 

Under Laws 1889-90, p. 432, sec. 5, it was held that the county board of ap- 
praisers therein provided for could not lawfully organize to survey and appraise 
tide lands until harbor lines had been established : State v. Sharpstein, 4 Wash. 
68. 

The right of cities to extend streets over tide lands is not confined to those 
of the first class, but applies to all incorporated cities : State ex rel. Bartlett v. 
Forrest, 12 Wash. 483. 

Where a street platted upon tide land has been dedicated to the public and 
subsequently extended by ordinance over adjacent tide lands and recognized as a 
street by the refusal of the state to appraise same for that reason, it must be 
held as a valid street, notwithstanding it is not an extension of an upland 
street: State ex rel. Bartlett v. Forrest, 12 Wash. 483. 

The right of a city to extend streets over tide lands is superior to improver's 
right : ColumMa & P. S. Ry. v. Seattle, 6 Wash. 332 ; Globe Mill Co. v. Belling- 
ham Bay Imp. Co., 10 Wash. 458. 

One who purchases tide or shore lands under preference rights takes the fee 
of the abutting streets : Bussell v. Ross, 64 Wash. 418. 

SEC. 310. EXTENSION OF STREETS; FIRST CLASS CITIES. 

Any city [of the first class] shall have power (37) to project 
or extend its streets over and across any tidelands within its 
corporate limits, and along or across the harbor areas of such 
city in such manner as will best promote the interests of com- 
merce. (Laws '90, p. 218, sec. 5 ; sec. 7507 Rem.-Bal. ; 77 sec. 

83 Pierce.) 

Streets over vacated waterways: sec. 283, ante. 

Bridges over waterways: sees. 243-244, ante. 

See notes to sec. 309, ante, and Const., Art. XV, sec. 3, ante. 



STATE LAND LAWS 
STREETS. SECS. 311-313 

SEC. 311. STREETS OVER WATERWAYS AND HARBOR AREA. 

Any city of the first class shall have power to provide for the 
construction, maintenance and operation upon public streets and 
upon the extensions and connections thereof over intervening 
tide lands to and across any harbor reserves, waterways, canals, 
rivers, natural water courses and other channels any bridges, 
draw-bridges, viaducts, elevated roadways and tunnels or any 
combination thereof, together with all necessary approaches 
thereto, with or without street railway tracks thereon or therein, 
and to make any and all necessary cuts, fills, or other construc- 
tion, upon, in or along such streets and approaches as a part 
of any such improvement, and to order any and all work to be 
done which shall be necessary to complete any such improvement. 
The word "approaches" as used in this section shall include any 
arterial highway or highways or streets connecting with any 
such bridge, draw-bridge, viaduct, elevated roadway or tunnel, 
or combination thereof, which are necessary to give convenient 
access thereto or therefrom from any portion of the improve- 
ment district which may be specially benefited by such improve- 
ment and which is liable to assessment for such improvement. 
(Laws '09, Sp'l Sess., p. 49, sec. 1 ; amended, Laws '11, p. 493, 
sec. 1 ; 3 Rem.-Bal., sec. 7579 ; 77 sec. 887 Pierce.) 

Streets over vacated waterways: sec. 283, ante. 

Bridges over waterways: sees. 243-244, ante. 

See notes to sec. 309, ante. 

Control of streets over waterways in port districts: sec. 165, ante. 

SEC. 312. SECOND CLASS CITIES EXTENSION OF STREETS. 

The city council of any city [of the second class] shall have 
power and authority: (55) to project or extend or establish 
streets over and across any tidelands within the limits of such 
city. (Laws '07, p. 634, sec. 29; sec. 7612 Rem.-Bal.; 77 sec. 
207 Pierce.) 

See notes to sec. 309, ante, and Const., Art. XV, sec. 3, ante. 

SEC. 313. STREETS CONTROL OF. 

All streets and alleys, which have been heretofore or may here- 
after be established upon, or across tide and shore lands of the 



STATE LAND LAWS 
SECS. 314-316 TIDE LAND STREETS. 

first class shall be under the supervision and control of the cities 
within whose corporate limits such tide and shore lands are situ- 
ated, to the same extent as are all other streets and alleys of such 
cities, and all acts of supervision and control thereof by such 
cities hitherto within one year last past are hereby confirmed and 
declared valid to the same extent that they would be valid in the 
case of other streets and alleys of such cities. (Laws '01, p. 346, 
sec. 1 ; sec. 7838 Rem.-Bal. ; 77 sec. 1163 Pierce.) 

Former Laws: Laws '89-'90, p. 733 ; sees. 1-2. 

Streets over tide lands generally: sec. 309, supra. 

Leases of street termini validated: Laws '99, p. 84, sec. 1 (sec. 7839 
Rem.-Bal.). 

SEC. 314. STREETS VALIDATED. 

All streets in any incorporated city in this state, extending 
from high tide into the navigable waters of the state are hereby 
declared public highways. (Laws '90, p. 733, sec. 1 ; sec. 7836 
Rem.-Bal. ; 77 sec. 1159 Pierce.) 

See notes to sec. 309, ante, and Const., Art. XV, sec. 3, ante. 
Cited: 11 Wash. 232. 

SEC. 315. CONTROL OF SAME. 

All streets declared public highways under the provisions of 
section 314 shall be under the control of the corporate authorities 
of the respective cities. (Laws '90, p. 733, sec. 2; sec. 7837 
Rem.-Bal. ; 77 sec. 1161 Pierce.) 

See notes to sec. 309, ante, and Const, Art. XV, sec. 3, ante. 
Cited: 11 Wash. 232; 29 Wash. 26; 66 Wash. 529. 

SEC. 316. EXTENSION OF CITY LIMITS. 

The powers and jurisdiction of all incorporated cities of the 
State of Washington having their boundaries or any part of 
their boundaries adjacent to or fronting on any bay or bays, 
lake or lakes, sound or sounds, river or rivers, or other navigable 
waters, are hereby extended into and over said waters and 
over any tide lands intervening between any such boundary 
and any such waters to the middle of such bays, sounds, 
lakes, rivers or other waters, in every manner and for 
every purpose that such powers and jurisdiction could be 



STATE LAND LAWS 
TIDE LAND STREETS. SEC. 317 

exercised when such cities' limits include such waters or any part 
of such waters : Provided, That in towns of the fourth class the 
territory added by this section shall be over and above the one 
square mile now established by law as the maximum territory 
within the limits of such town. (Laws '09, p. 392, sec. 1 ; sec. 
7443 Rem.-Bal. ; 77 sec. 19 Pierce.) 

As to control of streets over tide lands and harbor areas, see notes 
to sec. 309, ante. 

Not only the police powers, but the actual boundaries of cities were ex- 
tended by this act : Pac. Amer. Fisheries v. Whatcom Co., 69 Wash. 291. 

This act is not violative of the constitutional provisions inhibiting the in- 
corporation or alteration of cities by special laws, or the enactment of special 
laws granting corporate powers or privileges ; nor is its title defective : idem. 

SEC. 317. SALES OF STREET EXTENSIONS TO BE CANCELLED. 

Whereas, the Board of State Land Commissioners has hereto- 
fore received and considered applications for and has issued con- 
tracts or deeds purporting to convey to private persons or cor- 
porations, certain lots platted on the tide land areas within the 
harbors of cities of the first class, which said lots are in reality 
legally established projections or extensions of public streets 
within the corporate limits and along or across the harbor areas 
of such cities, which said projections and extensions were duly 
made by said cities in pursuance of section 310 of this code, 
therefore, the Board of State Land Commissioners is hereby in- 
structed to cancel all deeds or contracts and to reject all applica- 
tions covering any such street extensions or projections which 
are not duly vacated, refunding all moneys paid thereon, and no 
sale or grant of any land included within the limits of any such 
street shall hereafter be made unless and until the same shall be 
duly vacated or disestablished by the authorities of such city. 
The state auditor is hereby authorized to draw such warrants 
upon the tide lands fund as are necessary to carry out the provi- 
sions hereof. (Laws '97, p. 30, sec. 1 ; sec. 6780 Rem.-Bal. ; 477 
sec. 253 Pierce.) 

See notes to sec. 309, ante. 

Cited: 42 Wash. 423. 

The legislature has the power to vacate streets platted across tide lands, 
where no private rights have intervened ; and the approval of a plat which con- 



STATE LAND LAWS 

SECS. 318-320 APPRAISEMENT PLATTED TIDE LANDS. 

flicts with former plats necessarily vacates the former plats and all streets in 
conflict with the later plat : Henry v. Seattle, 42 Wash. 420. 

This act has no application to a contract made subsequently to the legal va- 
cation of such streets, id. 

SEC. 318. DEVOLUTION OF POWERS OF BOARD. 

The powers conferred and the duties imposed upon the Board 
of State Land Commissioners by section 317 shall be possessed 
and exercised by any other board or officer who may hereafter 
succeed to the jurisdiction and powers, in respect to tide lands, 
now possessed by the State Board of Land Commissioners. (Laws 
'97, p. 31, sec. 2; sec. 6781 Rem.-Bal. ; 477 sec. 255 Pierce.) 
SEC. 319. PLATTING AND APPRAISEMENT OF TIDE LANDS. 

Whenever any harbor lines or harbor areas shall have been 
established as is provided for in section 306 hereof, it shall be 
the duty of said commission to plat and appraise any unsold 
and unplatted tide or shore lands lying between said harbor 
area and the adjacent upland. (Laws '07, p. 738, sec. ; sec. 
6770 Rem.-Bal. ; 477 sec. 123 Pierce.) 

First class tide lands defined: sec. 87, ante. 

Immediate appraisement of lands proposed to be filled: sec. 295, 
ante. 

SEC. 320. APPRAISEMENT OF TIDE LANDS AND IMPROVE- 
MENTS. 

In appraising said lands said commissian shall appraise each 
lot, tract or piece of land separately, and shall enter in a well 
bound book a description of the lot, tract or piece of land, its 
full appraised value, the area and the rate per acre at which it is 
appraised ; and if said lot is covered in whole or in part by im- 
provements in actual use for commerce, trade or business, on or 
prior to March 26, 1890, the said commission shall designate 
the owner of said improvements, of what they consist, the area of 
land covered by them, the portion of each lot, tract or piece of 
land and the appraised value of the land covered thereby with 
and exclusive of the improvements. (Laws '97, p. 248, sec. 41 ; 

sec. 6746 Rem.-Bal. ; 477 sec. 131 Pierce.) 

Former Laws: Laws '89-'90, p. 432, sees. 3-5-6; Laws '95, p. 550, 
sec. 54. 

Improver's preference right to purchase: sec. 92 et seq., ante. 

Notice of appraisement: sec. 324, post. 

Cited : 14 Wash. 425 ; 17 Wash. 661 ; 38 Wash. 362 ; 42 Wash. 421. 



STATE LAND LAWS 
TIDE LAND PLATS. SECS. 321-323 

SEC. 321. PLAT BOOKS. 

Said commission shall prepare plats showing all shore and tide 
lands surveyed and appraised by them in the respective counties, 
on which shall be marked the location of all such lands, extend- 
ing the lines of United States survey over the same, and shall 
prepare and keep in a well bound book a record of their proceed- 
ings, including a list of said shore and tide lands and their ap- 
praisal of the same, which plat and book shall be in duplicate. 
(Laws '97, p. 249, sec. 42; sec. 6747 Rem.-Bal. ; 477 sec. 133 
Pierce.) 

Former Laws: Laws '95, p. 551, sec 55; Laws '89-'90, p. 433, sec. 6; 
Laws '95, p. 572, sees. 1-2. 

Plats to be made in triplicate: sec. 308, supra. 

SEC. 322. WHERE DEPOSITED. 

When the said commission shall have discharged their duties 
as aforesaid they shall deposit one copy of the plat and record 
as aforesaid with the county auditor in the respective counties, 
who shall file and safely keep the same in his office, and they shall 
deliver one copy of the plat and record* to the Commissioner of 
Public Lands. (Laws '97, p. 249, sec. 43; sec. 6748 Rem.- 
Bal.; 477 sec. 135 Pierce.) 

Former Laws: Laws '89-'90, p. 433, sec. 7; Laws '95, p. 551, sec. 
56; Laws '95, p. 574, sec. 2. 

Notice of filing: sec. 324, infra. 

Filing with city engineer: sec. 308, supra. 

Filing of waterway plats: sec. 276, supra. 

No fees chargeable by county auditor: sec. 4068 Rem.-Bal ; ; Laws 
'07, p. 107, sec. 3. 

SEC. 323. FILING OF PLATS. 

Said commission shall have authority to file any plat of any 
harbor area or any plat and the appraisement thereto belonging 
of any tide or shore lands in sections or as rapidly as the work 
of platting and appraising may progress whenever said commis- 
sion shall deem it expedient so to do. (Laws '07, p. 738, sec. 3 ; 

sec. 6771 Rem.-Bal. ; 477 sec. 125 Pierce.) 
Former Laws: Laws '89-'90, p. 239, sec. 3. 



STATE LAND LAWS 
SEC. 324 PLATTING TIDE LANDS NOTICE. 

SEC. 324. NOTICE OF PLAT APPEALS. 

THe Harbor Line Commission shall, before delivering said plat 
and record to the Commissioner of Public Lands, cause a notice 
to be inserted for a period of four consecutive weeks in a news- 
paper of general circulation in the county wherein the lands are 
situate that said plat and record [,] describing it [,] is complete 
and subject to inspection at the office of the commission and will 
be filed on a certain day to be named in the notice. Any person 
claiming a preference right of purchase of any of said lands, and 
who feels aggrieved at the appraisement fixed by the commission 
upon said land or any part thereof, may within sixty (60) days 
after the filing of such plats and records by said commission 
(which shall be done on the day fixed in said notice) appeal from 
said appraisement to the superior court of the county in which 
said tide lands are situated. Said appeal shall be taken in the 
manner prescribed in section 1630 of Hill's Annotated Statutes 
and Codes of Washington, providing for appeals from justice 
courts. The prosecuting attorney of any county or city attorney 
wherein such lands are situated shall, at the request of the Gov- 
ernor or of ten freeholders of the county wherein such lands are 
situated, appeal on behalf of the state from any appraisement as 
hereinbefore provided, which appeal shall be taken in the manner 
provided above. Notice of such appeal shall be served on the 
Harbor Line Commission, whose duty it shall be to immediately 
notify all interested. The party other than the state or city ap- 
pealing shall execute a bond to the opposite party with sufficient 
surety, to be approved by the State Land Commissioner, in the 
sum of two hundred dollars conditioned for the payment of the 
costs on appeal. (Laws '97, p. 249, sec. 44; sec. 6749 Rem.- 
Bal.; 477 sec. 37 Pierce.) 

Former Laws: Laws '89-'90, p. 434, sec. 9; Laws '95, p. 551, sec. 57. 

Appeals from Board of State Land Commissioners, generally: sec. 
22 et seq., ante, which is a later act and probably supersedes this 
section. 

Board of State Land Commissioners as Harbor Line Commission: 
sec. 13, ante. 

Section 1630 of Hill's Code, above cited, was amended by Laws 
'05, p. 45, sec. 1, (sec. 1910 Rem.-Bal.; 287 sec. 323 Pierce). 



STATE LAND LAWS 219 

CONTRACTED LANDS TAXATION. SECS. 325-326 

CHAPTER 26. 



TAXATION OF INTERESTS IN STATE LANDS. 
SEC. 325. Lands Under Contract to Be Listed. 
326 Same; How Considered for Taxation. 

327. Assessment of Leaseholds. 

328. Assessment of Improvements. 

329. Same; on Harbor Area; Exempt from Sale. 

330. Timber; Assessed as Personalty. 

331. Same; Impairment of Security. 

332. Same; Penalty. 

Cross-Reference: LOCAL IMPROVEMENT TAXES: sec 333 et seq., 
post. 

SEC. 325. LISTS OF LANDS SOLD COMMISSIONER TO FURNISH. 

The assessor of each county shall, on or before the first day 
of March of each year, obtain from the Commissioner of Public 
Lands lists of public lands sold or contracted to be sold during 
the previous year in his county, and certify them for taxation, 
together with the various classes of state lands sold during the 
same year, and it shall be the duty of the Commissioner of Public 
Lands to certify a list or lists of all public lands sold or con- 
tracted to be sold during the previous year, on application of 
the assessor of any county applying therefor. (Laws '97, p. 
179, sec. 91 ; sec. 9243 Rem.-Bal. ; 501 sec. 231 Pierce.) 

Former Laws: Laws '93, p. 363, sec. 94. 

All property assessed with reference to value on March 1: Laws 
'97, p. 140, sec. 6. (Sec. 9101 Rem.-Bal.) 

When lien attaches: Laws '03, p. 74, sec. 3 (sec. 9235 Rem.-Bal.). 

SEC. 326. LANDS UNDER CONTRACT HOW TAXED. 

Property held under a contract for the purchase thereof, be- 
longing to the state, county or municipality, and school and 
other state lands, shall be considered for all purposes of taxation, 
as the property of the person so holding the same. And no deed 
shall ever be executed until all taxes and municipal charges are 
fully paid thereon. (Laws '97, p. 149, sec. 26; sec. 9139 Rem.- 
Bal. ; 501 sec. 90 Pierce.) 

Former Laws: Laws '93, p. 335, sec. 26. 

Covenant to pay taxes: sec. 106, ante. 



STATE LAND LAWS 
SECS. 327-328 TAXATION LEASES IMPROVEMENTS. 

Payment of taxes before division of contract: sec. 110, ante. 

Cited : 20 Wash. 151 ; 23 Wash. 371 ; 25 Wash. 138. 

See 2 Remington's Digest, p. 2669, sees. 28-30 ; 4 Rem. Dig., p. 977, sees. 
28-30. 1. 

County Treasurer's deed of state lands held under contract and sold upon 
foreclosure of certificate of tax delinquency will be treated as an assignment of 
the contract : Opinions Att'y Gen'l, '01-'02, pp. 268-333. 

Only the interest of the contractor for the purchase of state school lands 
can be charged with taxes ; and the state's right to the purchase price, or its right 
to forfeit the contract for non-payment thereof, cannot be divested by a tax 
sale of such lands: State v. Frost, 25 Wash. 134 (distinguishing Washington 
Iron Works Co. v. King County, 20 Wash. 150). 

Improvements on tide lands held under contract cannot be assessed as per- 
sonal property : Grays Harbor Co. v. Chehalis County, 23 Wash. 369. 

SEC. 327. LEASEHOLDS ASSESSED'AS PERSONALTY. 

For the purposes of assessment and taxation, all leases of 
real property and leasehold interests therein for a term less than 
the life of the holder, shall be and the same are hereby declared 
to be personal property. (Laws '07, p. 206, sec. 1 ; sec. 9094 
Rem.-Bal.; 501 sec. 21 Pierce.) 

Payment of taxes before division of lease: sec. 110, ante. 

Cited : 62 Wash. 409 ; 64 Wash. 617. 

The taxable value of a lease from the state is the actual value of the term 
less the rent reserved, to be ascertained from year to year, considering the term : 
Metropolitan Bldg. Co. v. King County, 62 Wash. 409. 

Excessive assessment set aside in id., 64 Wash. 615. 

Under former laws, such an interest was assessable as realty, and no adequate 
means of collection existed : Moeller v. Gormley, 44 Wash. 465. 

Leasehold interests in state lands are assessable under laws passed since 
the date of the lease, notwithstanding the implied covenant of the common law 
that the lessor shall pay taxes : Trimble v. Seattle, 64 Wash. 102. 

The leasehold interest in state lands was formerly assessable as realty, and a 
sale made upon the notice required for the sale of personal property was void : 
Reilly v. Anderson, 33 Wash. 58. 

SEC. 328. IMPROVEMENTS ON PUBLIC LANDS. 

Personal property for the purposes of taxation, shall be 
construed to embrace and include * * all improvements 
upon lands, the fee of which is still vested in the United States, 
or in the State of Washington. (Laws '07, p. 69, sec. 7; sec. 

9093 Rem.-Bal. ; 501 sec. 19 Pierce.) 

Former Laws: Laws '93, p. 323, sec. 3; Laws '95, p. 508, sec. 1; Laws 
'97, p. 136, sec. 3; Laws '01, Sp'l Ses., p. 3, sec. It 

Appraisal of improvements: sees. 76 and 140, ante. 

Cited: 14 Wash. 588; 18 Wash. 253-277; 20 Wash. 65; 21 Wash. 54; 22 
Wash. 65 ; 23 Wash. 370 ; 33 Wash. 10 ; 38 Wash. 259 ; 50 Wash. 171 ; 60 Wash. 
433. 

Does not apply to improvements on lands held under contract of purchase 
from the state: Grays Harb. Co. v. Chehalis County, 23 Wash. 369. 

But includes improvements on harbor area, the title to which can never be 
acquired from the state : Percival v. Thurston Co., 14 Wash. 586. 



STATE LAND LAWS 
HARBOR AREA TIMBER. SECS. 329-331 

SEC. 329. WHEN HARBOR AREA IMPROVEMENTS EXEMPT. 

Where improvements have been made on tide lands or lands 
under water in front of towns or cities, prior to the location of 
harbor lines in such towns or cities, by the State Board of Har- 
bor Line Commissioners, and the reserved harbor area as located 
includes such improvements, no distraint or sale of such improve- 
ments for taxes shall be had until six months after said lands 
shall have been leased or offered for lease from or by such board, 
as shall be authorized by law to execute leases of tracts embraced 
within the reserved harbor area of the state: Provided, That 
this act shall not apply to any tract or tracts that said board 
shall decide not to lease or otherwise dispose of, and shall not 
affect or impair the lien for taxes on said improvements. (Laws 
'97, p. 260, sec. 61 ; sec. 6778 Rem.-Bal. ; 477 sec. 197 Pierce.) 

Former Laws: Laws '89-'90, p. 252, sec. 5; Laws '95, p. 569, sec. 96. 

Harbor Line Commission succeeded by Board of State Land Com- 
missioners: sec. 13, supra. 

SEC. 330. STANDING TIMBER ASSESSED AS PERSONALTY. 

For the purposes of taxation, the following described prop- 
erty shall be deemed personal property and shall be assessed 
and taxed in the county where situated, viz. : standing timber 
held or owned separately from the ownership of the land upon 
which it may stand. (Laws '11, p. 90, sec. 1; 3 Rem.-Bal., 
sec. 9222-1; 501 sec. 27 Pierce.) 

Former Laws: Laws '07, p. 206, sec. 2. 

Sale and removal of timber: sec. 71 et seq., ante. 

SEC. 331. SAME UNLAWFUL TO REMOVE BEFORE TAXES PAID. 

It shall be unlawful for any person, firm or corporation to 
remove any timber from timbered lands, no portion of which is 
occupied for farming purposes by the owner thereof, upon which 
taxes are delinquent until the taxes thereon have been paid. 
(Laws '13, p. 346, sec. 1 ; 3 Rem.-Bal., sec. 2629-1.) 

Payment of taxes prerequisite to extension of time for removal of 
timber: sec. 74, ante. 



STATE LAND LAWS 
SECS. 332-333 LOCAL IMPROVEMENT TAXES. 

SEC. 332. SAME PENALTY. 

Any person violating the provisions of the next preceding 
section shall be guilty of a gross misdemeanor and punished 
accordingly. (Laws '13, p. 346, sec. 2; 3 Rem.-Bal., sec. 



Punishment for gross misdemeanor: Laws '09, p. 894, sec. 15 (sec. 
2267 Rem.-Bal.; 135 sec. 29 Pierce). 



CHAPTER 27. 



ASSESSMENT OF STATE LANDS AND INTERESTS THEREIN 
FOR LOCAL IMPROVEMENTS. 

SEC. 333. Tide Lands; Leaseholds Assessable. 

334. Notice of Assessment. 

335. Benefits Considered as Improvements. 

336. Other Lands; Assessment of Fee. 

337. Construction of Act. 

338. Notice of Assessment of Fee. 

339. Amount Added to Appraisement. 

340. Payment. 

341. Foreclosure of Lien; Subrogation. 

342. Construction of Act. 

343. Scope of Act. 

344. Drainage Improvements; Assessment. 

345. Waterway Improvements; Assessment. 

346. Commercial Waterways; Assessment for. 

347. Inter-County Drainage; Assessment for. 

348. County Treasurers Certify to Commissioner. 

349. Commissioner Certifies to Auditor. 

350. Amount Added to Appraisement. 

351. Payment. 

352. Budget to Include. 

Cross-Reference: ASSESSMENT OF STATE LANDS FOR GEN- 
ERAL REVENUES: sec. 325 et seq., ante. 

SEC. 333. LEASEHOLD INTEREST IN TIDE LANDS ASSESSABLE. 
All leasehold, contractual or possessory interests in any tide 
lands owned by the State of Washington in fee simple (in trust 
or otherwise), situated within the limits of any incorporated 
city or town in this state, and which have been leased by the 
state, or which are held by any person, firm, association, private 



STATE LAND LAWS 
NOTICE. SEC. 334 

corporation or municipal corporation under a contract of pur- 
chase from the state, may be assessed and charged for the cost of 
all local improvements specially benefiting such leasehold, con- 
tractual or possessory interest, which may be ordered by the 
proper authorities of such city or town ; and such leasehold, con- 
tractual or possessory interest, for all purposes of the assessment 
and collection of the cost of any such local improvement, shall 
be treated as the private property of such lessee or owner of 
such contractual or possessory interest: Provided, That noth- 
ing in this section shall be construed to effect [affect] the title 
of the state, nor shall any lien for such assessment attach to 
the fee simple title of the state. (Laws '09, p. 596, sec. 1 ; sec. 
6872 Rem.-Bal. ; 77 sec. 897 Pierce.) 

Former Laws: Laws '05, p. 267, sec. 1; Laws '07, p. 123, sec. 1. 

NOTE: It seems clear that all of Chap. 144, Laws '05, and Chap. 73, 
Laws '07, are superseded by Chap. 154, Laws '09 (Sees. 333-343), al- 
though Mr. Pierce retains sees. 2 and 3 of the act of '07 as sees. 919 
and 921 of title 77 P. C. 

By sec. 343 the act is made applicable to diking and drainage dis- 
tricts, thus affording a complete procedure for such districts and prob- 
ably repealing the earlier laws upon the subject. (Laws '07, Chap. 74, 
p. 125; sees. 348-352, infra.) 

In the absence of express repeal, Mr. Remington suggests that the 
act of '09 merely provides an additional and concurrent method, and 
the act of '07 is retained as sees. 4251-4255, Rem.-Bal. 

Cited: 52 Wash. 381. 

The taxable value of a lease from the state is the actual value of the 
term less the rent reserved : Metropolitan Bldg. Co. v. King County, 62 Wash. 
409. 

Leasehold interests in state lands are assessable under laws passed since 
the date of the lease, notwithstanding the implied covenant of the common law 
that the lessor shall pay taxes: Trimble v. Seattle, 64 Wash. 102 % 

A leasehold interest cannot be sold to satisfy an assessment of local im- 
provement charges against the entire fee, and earlier laws providing for such 
sale are void : Coast Land Co. v. Seattle, 52 Wash. 380. 

Even though only the leasehold interest was benefited by the improvement, 
it cannot be sold to satisfy an assessment against the fee, since the lessee was 
not called upon nor given opportunity to question the benefit : idem. 

SEC. 334. CITY TO GIVE NOTICE. 

When any city has made or caused to be made an assessment 
for any such local improvement the treasurer of said city shall 
immediately give notice to the Commissioner of Public Lands 
of said state, and thereupon said assessment shall become a lien 



STATE LAND LAWS 
SECS. 335-336 LOCAL IMPROVEMENT TAXES. 

against the leasehold, contractual or possessory interest upon 
which said assessment is levied, and its collection may be enforced 
against such interests as provided by law for the enforcement 
of other local improvement assessments. (Laws '09, p. 597, sec. 
2; sec. 6873 Rem.-Bal. ; 77 sec. 899 Pierce.) 

SEC. 335. APPRAISED VALUE OF TIDE LANDS INCLUDES IM- 
PROVEMENTS. 

When any such tide lands are under lease at the time of the 
making of any local improvements abutting upon or benefiting 
the same, and said lands are thereafter offered for sale, any such 
improvements shall be deemed and considered as improvements 
upon said land and shall be appraised at their then value as 
provided by law for the appraisement of improvements upon 
leased, school and granted lands, and upon the sale of said 
property the lessee shall be entitled to receive the value thereof 
as in case of improvements upon school and granted lands: 
Provided, Said lessee has therefore paid the assessment for 
said improvements as provided by law. (Laws '09, p. 597, sec. 
8; sec. 6874 Rem.-Bal. ; 77 sec. 901 Pierce.) 

See sees. 143-145, ante, additional. 

Appeal from appraisement: sec. 144, ante. 

Payment for lesseee's improvements: sees. 76-77, ante. 

SEC. 336. STATE'S INTEREST ASSESSABLE, EXCEPT IN TIDE 
LANDS. 

All lands, except tide lands, held or owned by the State of 
Washington in fee simple (in trust or otherwise), situated 
within the limits of any incorporated city, town, dike or drain- 
age district in this state may be assessed and charged for the 
cost of local improvements specially benefiting such lands which 
may be ordered by the proper authorities of any such city, town, 
diking, or drainage district: Provided, however. That the in- 
terest of the state in such property shall not be sold to satisfy 
the lien of such assessment, but only such interest or contract 
or other right therein as may be in private ownership shall be 
subject to such sale: Provided further \ That when an assess- 
ment is made against any land in a diking or drainage district 



STATE LAND LAWS 
EFFECT NOTICE. SECS. 337-338 

such improvement shall be assessed according to the subdivision 
thereof. (Laws '09, p. 598, sec. 4; sec. 6875 Rem.-Bal. ; 77 
sec. 903 Pierce.) 

Former Laws: Laws '05, p. 267, sec. 2. 

SEC. 337. NO IMPAIRMENT OF LEASES. 

In all local improvement assessment districts in any incor- 
porated city, town, diking or drainage district in this state, 
property in such district, other than tide lands, held or owned 
by the state shall be assessed and charged for its proportion of 
the cost of such local improvements in the same manner as other 
property in such district: Provided, That none of the provi- 
sions of this act* shall have the effect, or be construed to have 
the effect, to alter or modify in any particular any existing 
lease of any lands or property owned by the state, or release or 
discharge any lessee of any such lands or property from any 
of the obligations, covenants or conditions of the contract under 
which any such lands or property are leased or held by any 
such lessee. (Laws '09, p. 598, sec. 5; sec. 6876 Rem.-Bal.; 
77 sec. 905 Pierce.) 

Former Laws: Laws '05, p. 268, sec. 3. 

* Sees. 333-343. 

See notes to sec. 333, ante. 

Compare sec. 342, post. 

Leasehold interests in state lands are taxable under laws passed since the 
date of the lease, notwithstanding the implied covenant of the common law that 
the lessor shall pay taxes : Trimble v. Seattle, 64 Wash. 102. 

SEC. 338. NOTICE OF ASSESSMENT. 

Upon the approval and confirmation of the assessment roll 
for any local improvement ordered by the proper authorities of 
any incorporated city, town, diking or drainage district, the 
treasurer of such city, town, diking or drainage district shall 
certify and forward to the Commissioner of Public Lands of the 
State of Washington (if such lands are within the jurisdiction 
of said commissioner), or to the State Board of Control (if such 
lands are occupied by, or used in connection with, any state 
institution), a statement of all the lots or parcels of land (other 

8 



STATE LAND LAWS 
SEC. 339 SPECIAL ASSESSMENTS REIMBURSEMENT. 

than tide lands), held or owned by the state and charged on 
such assessment roll for the cost of such improvement, sep- 
arately describing each such lot or parcel of the state's land, 
with the amount of the local assessment charged against it; 
the Commissioner of Public Lands shall charge against each 
such lot or parcel of land owned or held by the state for sale 
the amount of the local assessment so certified by such treasurer, 
and shall then certify said statement to the state auditor; 
* * * and the state auditor at the next session of the legis- 
lature shall certify to the legislature the amount of all local im- 
provement assessments charged against such lands of the state, 
and the legislature shall provide for the payment of the same, 
with interest, by appropriation out of the general fund of the 
state : Provided, That no city, town, diking or drainage district 
shall have jurisdiction to make such local improvement or levy 
an assessment against any of the lands of the State of Wash- 
ington until notice of the making of such proposed improvement 
and the fixing of the time for hearing and confirming the same 
by the city, town, diking or drainage district has been served 
upon the Land Commissioner or the Board of Control, as the case 
may be. Said notice shall be served at least twenty days before 
the time fixed for said hearing, and an acceptance in writing by 
said Land Commissioner or the secretary of the said Board of 
Control, duly filed with said city, town, diking or drainage dis- 
trict, shall be deemed and considered due proof of such service : 
And provided further, That no land belonging to the State of 
Washington shall be included in any bonding district, and that 
no penalty shall be provided or enforced against the state, and 
no interest on the assessment levied to pay for said improve- 
ment greater than six per cent, per annum shall be taxed to, or 
allowed by, the state for or on account of making such im- 
provement. (Laws '09, p. 598, sec. 6; sec. 6877 Rem.-Bal. ; 
77 sec. 907 Pierce.) 

Former Laws: Laws '05, p. 268, sec. 4. 

SEC. 339. ASSESSMENT ADDED TO APPRAISED VALUE. 

When any land, other than tide lands and lands occupied and 
used in connection with state institutions', owned or held by the 



STATE LAND LAWS 
PAYMENT. SEC. 340 

state within incorporated cities, towns, diking or drainage dis- 
tricts in this state, against which local improvement assessments 
have been paid, as herein provided for, is offered for sale, there 
shall be added to the appraised value of such land, as provided 
by law, the amount of the local improvement assessment paid 
by the state, which amount so added shall be paid by the pur- 
chaser in cash at the time of the sale of said land, in addition 
to the amounts otherwise due to the state for said land, and no 
deed shall ever be executed until such local assessment has been 
paid. (Laws '09, p. 600, sec. 7 ; sec. 6878 Rem.-Bal. ; 77 sec. 
909 Pierce.) 

Former Laws: Laws '05, p. 268, sec. 5. 

SEC. 340. APPROPRIATION TO PAY ASSESSMENTS. 

Where the state has made no lease or contract, or has granted 
no right with reference to any such lands or any part thereof, 
against which an assessment has been made for local improve- 
ments, the state shall at the next session of the legislature after 
such improvement is made, if it still owns the land, appropriate 
sufficient money to pay for such improvements, or the person 
entitled to such money may apply to the proper state officers 
to have such lands sold in the manner provided by law, and if 
said lands have not been appraised, the State Land Commissioner 
shall, upon said application being made, cause the same, ex- 
clusive of benefits, to be appraised, and the assessment for such 
improvement shall be added to the appraised valuation of all 
such tracts owned by the state, and such Land Commissioner 
shall cause the sale of such lands to be made in the manner 
provided by law, but no sale shall be made for less than the 
appraised value, plus the assessment, against the tract to be 
sold. When such lands are sold, the proper state officers are 
authorized to pay to the party entitled to receive the same, 
the amount or amounts of said assessments for local improve- 
ments. (Laws '09, p. 600, sec. 9; sec. 6880 Rem.-Bal.; 77 
sec. 913 Pierce.) 

Former Laws: Laws '07, p. 124, sec. 3. 



STATE LAND LAWS 
SECS. 341-343 SPECIAL ASSESSMENTS FORECLOSUBE. 

SEC. 341. PURCHASER OF LIEN ENTITLED TO DEED. 

Whenever any such tide, state, school, granted or other lands 
situated within the limits of any city, town, diking or drainage 
district has been included within any local improvement district, 
by such city, town, diking or drainage district, and the con- 
tract, leasehold or other interest of any individual has been sold 
to satisfy the lien of such assessment for local improvement, 
the purchaser of such interest at such sale shall be entitled to re- 
ceive from the State of Washington, on demand, a conveyance 
of the property purchased by him upon the payment to the 
state of the amount of balance which his predecessor in interest 
was obligated to pay. (Laws '09, p. 601, sec. 10; sec. 6881 
Rem.-Bal.; 77 sec. 915 Pierce.) 

Former Laws: Laws '07, p. 123, sec. 2. 
Assignment of contracts, approval: sec. 109, ante. 

SEC. 342. CONTRACTS NOT AFFECTED. 

Nothing in any of the provisions of this act* shall have the 
effect, or be construed to have the effect, to alter or modify in 
any particular any existing lease of any lands or property 
owned by the state or any contract to purchase from the state 
any of its land or property, or any agreement under which any 
possessory or contractual interest in any lands of the state may 
be owned or held by any person, firm, association, private cor- 
poration or municipal corporation, or to waive, release or dis- 
charge any covenant, stipulation or obligation of any such 
lease, contract or agreement, and whether the lands involved 
be tide lands or other lands. (Laws '09, p. 601, sec. 11 ; 6882 
Rem.-Bal. ; 77 sec. 917 Pierce.) 

Former Laws: Laws '05, p. 269, sec. 7. -. 

* Sees. 333-343. 

See notes to sec. 333, ante. 

Compare sec. 337, ante. 

SEC. 343. APPLICATION OF ACT. 

The provisions of this act* shall apply to all municipal cor- 
porations, diking and drainage districts, and [any] charter or 



STATE LAND LAWS 
FOB WATERWAYS. SECS. 344-346 

ordinance provisions to the contrary notwithstanding. (Laws 
'09, p. 600, sec. 8; sec. 6879 Rem.-Bal. ; 77 sec. 911 Pierce.) 
Former Laws: Laws '05, p. 269, sec. 6. 
* Sees. 333-343. 

As to repeal of former laws, see note to sec. 333, supra. 
Assessments for: 

Drainage improvements: sec. 344, infra. 
Waterway improvements: sec. 345, infra. 
Inter-County drainage: sec. 347, infra. 
Commercial waterways: sec. 346, infra. 
Grant of lands to diking districts: sec. 232, supra. 
Eminent domain to such districts: sees. 258-259, supra. 

SEC. 344. ASSESSMENT IN DRAINAGE IMPROVEMENT DIS- 
TRICTS. 

There shall be apportioned against all state school, granted, 
and other lands, in the [drainage improvement] district the 
proper amount of the total sum to be apportioned in proportion 
to the benefits accruing thereto. (Laws '13, p. 630, sec. 28 ; 
3 Rem.-Bal., sec. 4226-28.) 

Former Laws: Laws '01, p. 112, sec. 25; Laws '05, p. 242, sec. 1; 
Laws '07, p. 171, sec. 1. 

SEC. 345. ASSESSMENT IN WATERWAY IMPROVEMENT DIS- 
TRICTS. 

Lands belonging to the state, and school, county, school dis- 
trict and other lands belonging to public corporations and 
which are not devoted to public use, which are benefited by any 
improvement instituted under the provisions of this act,* shall 
be assessed in the same manner as lands of private persons and 
corporations, and the assessment shall be paid by the proper 
authorities. (Laws '11, p. 87, sec. 57; 3 Rem.-Bal., sec. 8212- 
57; 437 sec. 243 Pierce.) 

*Chap. 23, Laws '11, p. 64. 
Eminent domain to such districts: sec. 255, ante. 

SEC. 346. ASSESSMENT IN COMMERCIAL WATERWAY DIS- 
TRICTS. 

In case lands belonging to the state, county, school district 
or other public corporation are benefited by any improvement 
instituted under the provisions of chapter 11, Laws 1911, all 



STATE LAND LAWS 
SECS. 347-348 SPECIAL ASSESSMENTS DRAINAGE. 

benefits shall be assessed against such lands, and the same shall 
be paid by the proper authorities of such public corporation 
at the times and in the manner as assessments are called and 
paid in case of private persons, out of any general fund of such 
corporation. (Laws '11, p. 43, sec. 45 ; 3 Rem.-Bal., sec. 8209a ; 
437 sec. 117 Pierce.) 

Former Laws: Laws '09, Sp'l Ses., p. 34, sec. 44. 

State funds disbursed only upon appropriation: Const., Art. VIII, 
sec. 4. 

Petition for inclusion of state lands within such districts: sec. 245, 
ante. 

Eminent domain to such districts: sees. 253-254, ante. 

Grant of land id such districts: sec. 238, ante. 

SEC. 347. INTER-COUNTY DRAINAGE. 

Any of the state, school, or granted land within the district, 
shall also be assessed the same as other lands are assessed in pro- 
portion to the benefit, but any such lands shall not be sold for 
delinquencies, but the amount of the assessment shall be paid 
by the state at the time, in the manner, under the circumstances, 
and in accordance with the provisions of sections 348-352 of 
this code. (Laws '09, p. 800, sec. 15; sec. 4196 Rem.-Bal.; 
149 sec. 29 Pierce.) 

This section is part of act permitting the formation of drainage dis- 
tricts extending into more than one county. Section 3 of the act makes 
the Commissioner of Public Lands a member of the board of commis- 
sioners for such districts. Section 4 requires him to canvass the votes 
on the creation of the district. 

See sec. 343, ante. 

See note to sec. 333, ante. 

Eminent domain to such districts: sec. 260, ante. 

SEC. 348. LIST CERTIFIED TO LAND COMMISSIONER. 

The several county treasurers of this state shall, in each year, 
within thirty days after the tax rolls have been received and filed 
by them, make up and certify to the Commissioner of Public 
Lands a list of all state, school and granted lands upon said 
rolls against which special assessments have been levied under the 
laws of this state for the construction or maintenance of any 
diking system or any drainage system constructed and main- 



STATE LAND LAWS 231 

PAYMENT. SECS. 349-351 

tained under the laws of this state. Said certificate shall contain 
(1) a description of the state, school or granted lands by legal 
subdivisions, (2) the amount of the assessment against each legal 
subdivision separately stated. (Laws '07, p. 125, sec. 1 ; sec. 
4251 Rem.-Bal.; 149 sec. 67 Pierce.) 

As to implied repeal, see note to sec. 333, supra. 

SEC. 349. COMMISSIONER TO CERTIFY LIST TO STATE 
AUDITOR. 

As soon as the said assessment shall become due and payable 
the Commissioner of Public Lands shall certify to the state 
auditor a list of all lands certified to him by the county treas- 
urer, which have not been sold by the state, and his certificate 
shall contain the same facts as to the land certified by him that 
the certificate of the county treasurer shall contain as provided 
for in section 348. (Laws '07, p. 125, sec. 2 ; sec. 4252 Rem.- 
Bal. ; 149 sec. 69 Pierce.) 

As to implied repeal, see note to sec. 333, supra. 

SEC, 350. ASSESSMENT ADDED TO APPRAISED VALUE. 

Upon issuing his certificate to the state auditor as provided 
for in section 349 of this code, the Commissioner of Public Lands 
shall make a minute upon his records showing the amount paid 
and charge it to the tract of land against which it was assessed. 
The valuation of the tract of land benefited by the diking or 
drainage improvement shall not be raised by or on account 
thereof, but when any of said land is offered for sale there shall 
be added to the appraised value of such lands as provided for 
by law the amount of such payments made by the state out of 
the general fund, which amount so added shall be paid by the 
purchaser in cash at the time of the sale of said land, and such 
additional sum shall be turned over to the state treasurer and 
placed to the general fund. (Laws '07, p. 125, sec. 3 ; sec. 4253 
Rem.-Bal.; 149 sec. 71 Pierce.) 

As to implied repeal, see note to sec. 333, ante. 

SEC. 351. STATE AUDITOR TO PAY ASSESSMENT. 

Upon receipt of the certificate of the Commissioner of Public 
Lands herein provided for the state auditor shall draw his war- 



STATE LAND LAWS 
SEC. 352 ASSESSMENTS PAYMENTS. 

rants in favor of the several county treasurers upon the general 
fund for the payment of such assessments ; and when he trans- 
mits his warrants he shall certify to the several county treas- 
urers a description of the lands upon which he pays the assess- 
ment, the amount paid on each legal subdivision of land. (Laws 
'07, p. 126, sec. 4; sec. 4254 Rem.-Bal. ; 149 sec. 73 Pierce.) 
As to implied repeal, see note to sec. 333, ante. 

SEC. 352. STATE AUDITOR'S ESTIMATE. 

It shall be the duty of the state auditor to include in his esti- 
mate of the amount of money necessary to be appropriated for 
the purposes of this act* a statement of the amount necessary 
to pay the assessments certified to him. (Laws '07, p. 126, 
sec. 5 ; sec. 4255 Rem.-Bal. ; 149 sec. 75 Pierce.) 

*Secs. 348-352. 

As to implied repeal, see note to sec. 333, ante. 



CHAPTER 28. 



MANAGEMENT AND USE OF NATURAL OYSTER LANDS. 

SEC. 355. State Oyster Commission Constituted. 

356. Secretary and Records. 

357. Stated Meetings. 

358. Quorum. 

359. Establish, Mark and Protect Reserves. 

360. State to Retain Reserves. 

361. License for Seed Oysters. 

362. Same; Conditions for Removal. 

363. Same; Application and Issuance. 

364. Definitions. 
265. License Fee. 

366. Occupants of Oyster Lands; Rights. 

367. Same; Below Low Tide. 

368. Same; Limitations. 

369. Discovery of Oysters; Exclusive Rights. 
Cross-References: SALE OF LANDS FOR OYSTER PLANTING: 

sec. 114 et seq., ante; LEASE OF OYSTER LANDS: sec. 170 et seq., 
ante. 



STATE LAND LAWS 
OYSTER COMMISSION. SECS. 355-359 

SEC. 355. STATE OYSTER COMMISSION. 

There is hereby created a state oyster commission to consist 
of the Governor, Commissioner of Public Lands and the Fish 
Commissioner. (Laws '03, p. 340, sec. 1 ; sec. 5241 Rem.-Bal. ; 
373 sec. 1 Pierce.) 

Former Laws: Laws '97, p. 298, sec. 1. 

Cited : 39 Wash. 236 ; 56 Wash. 275. 

This act (sees. 355-365) entirely supersedes Laws '97, p. 298, relating to the 
management and control of natural oyster lands : State ex rel. Hammond v. 
Ross, 39 Wash. 233. 

SEC. 356. RECORDS AND SECRETARY. 

The Commissioner of Public Lands shall be the secretary of 
the said commission, which secretary shall keep a true, full and 
correct record of all meetings of said commission. Said records 
shall be kept in the office of the Commissioner of Public Lands 
and shall be public records open for inspection of the public dur- 
ing office hours. (Laws '03, p. 340, sec. 2 ; sec. 5242 Rem.-Bal. ; 
373 sec. 3 Pierce.) 
SEC. 357. MEETINGS. 

The said commission shall regularly meet on the first Tuesday 
in January, April and October, of each year, at the office of said 
commission, and at such other times as the chairman of said 
commission may call and direct. (Laws '03, p. 340, sec. 3; 
sec. 5243 Rem.-Bal. ; 373 sec. 5 Pierce.) 
SEC. 358. QUORUM. 

A majority of said commission shall constitute a quorum to 
do business on all questions arising or coming before said com- 
mission. A decision of a majority of the members of said com- 
mission shall be valid as the act, ruling, judgment or decision of 
said commission. (Laws '03, p. 340, sec. 4 ; sec. 5244 Rem.- 
Bal. ; 373 sec. 7 Pierce.) 
SEC. 359. POWERS AND DUTIES. 

It shall be the duty of the State Oyster Commission, and they 
shall have power to : 

1. Examine all existing oyster reserves and to do or cause to 
be done such things as may be deemed advisable, to conserve, pro- 
tect and develop said reserves as now established and that may be 



STATE LAND LAWS 
SEC. 359 OYSTER RESERVES. 

hereafter established, and to make such rules and regulations as 
may be found necessary or desirable to carry into effect the pro- 
visions of this act.* 

2. To immediately examine all tide or oyster lands belonging 
to the state (except tide lands of the first class and lands herein- 
above provided for) and to survey, plat and establish thereon 
what shall be and constitute oyster reserves for the future. 

3. To cause a survey or re-survey of all the state oyster land 
reserves now existing or to be established by the said commission 
to be made before the first day of October, 1903, or as soon there- 
after as possible, and shall have each angle of the boundary line 
indicated by a stone of not less than one hundred pounds in 
weight and marked with the letters S. R. cut thereon in letters not 
less than three inches long and one-half inch deep, and to cause 
all oyster reserves to be platted, said plats to be filed in the office 
of the Commissioner of Public Lands and in the office of the 
auditor of the county wherein said reserves are located ; and in 
cases where the adjoining lands are used in whole or in part by 
private individuals for the production of oysters, stakes shall be 
kept standing on all the angles of the boundary, the tops of 
which shall be at least four feet above high tide. 

4. Said commission may, when it seems to them advisable, 
close any portion of any of the reserves against the removal of 
oysters for any period of time, not longer than two years at one 
time : Provided, That such closed periods may be thereafter re- 
newed, from time to time, not exceeding in all four years, by the 
commission. 

5. To care for and protect all reserves and to reseed and re- 
plant such as are in need of seed. 

6. To employ such patrolmen and deputies as may be neces- 
sary for the protection of oyster reserves and collect licenses and 
payment for seed oysters and to define their duties. (Laws '03, 
p. 340, sec. 5 ; sec. 5245 Rem.-Bal. ; 373 sec. 9 Pierce.) 

Former Laws: Laws '91, pp. 366-7, sees. 1-2; Laws '97, p. 299, sec. 2. 

*Secs. 355-365. 

Injury to boundary marks: sec. 269, supra. 

Sale of natural oyster beds to cultivators: sec. 114, ante. 

Cited : 39 Wash. 236 ; 56 Wash. 275. 



STATE LAND LAWS 
USE OF RESERVES. SECS. 360-361 

SEC. 360. RESERVES NOT TO BE SOLD OR LEASED. 

The tide land within all oyster reserves established and sur- 
veyed and platted by said State Oyster Commission shall be for- 
ever reserved from sale or lease. (Laws '03, p. 341, sec. 6; sec. 
5246 Rem.-Bal.; 373 sec. 11 Pierce.) 

Former Laws: Laws '91, p. 366, sec. 1; Laws '97, p. 300, sec. 7. 

Sale of Jefferson County reserves: post, sees. 480-483. 

Lease for booming purposes: sec. 146, ante. 

Lease of oyster lands: sees. 170-178, ante. 

Sale of cultivated oyster lands: sees. 114-124, ante. 

Discoverer's rights in natural oyster beds: sec. 369, post. 

Laws 1891, p. 366, reserving natural oyster beds, did not require a suspension 
of sales of tide lands until the oyster reserves had been defined and plats filed: 
State ex rcL Smith v. Forrest, 8 Wash. 610. 

But an applicant for the purchase of tide lands, which he or his assigns had 
improved as an artificial oyster bed prior to the act of March 26, 1890, giving a 
right of purchase, was required to prove to the satisfaction of the commissioner 
that such land was not a natural oyster bed at the time of entry thereon : id. 

The acts granting rights of way and other easements upon public lands (sees. 
201-245. ante,) have no application to state oyster reserves : Opinion Att'y 
Gen'l, February 25, 1913 ; April 1, 1913. 

This section is modified by sec. 146, ante, authorizing leasing of oyster 
reserves for booming purposes upon a determination by the Board of State Land 
Commissioners that the same do not contain oysters in merchantable quantities : 
Opinion Att'y Gen'l, May 5, 1913. 

But not if the same are in front of or within two miles on either side of 
an incorporated city or town : id., May 26, '13. 

Oyster reserves are not subject to the use of the United States, under sees. 
239-242, ante: Opinion Att'y Gen'l, Dec. 10, '13. 

In the absence of fraud, the failure of the commission to include tide lands in 
an oyster reserve amounts to a finding that the same are not oyster lands, and 
the state is concluded thereby after a sale of such lands : State v. Heuston, 56 
Wash. 268. 

A deed from the state of tide lands of the second class must be considered 
as having been made after a finding by the commission as to the character of 
the land ; and such a deed cannot be collaterally attacked upon a subsequent 
application to purchase the same as oyster lands : Welsh v. Callvert, 34 Wash. 
250. 

SEC. 361. LICENSE TO TAKE OYSTERS. 

Any person, persons or corporation may secure a license from 
the State Oyster Commission to take from the oyster land re- 
serves oysters to be used for seed purposes only, and upon the 
terms and conditions hereinafter provided for. (Laws '03, p. 
341, sec. 7; sec. 5247 Rem.-Bal. ; 373 sec. 13 Pierce.) 

Former Laws: Laws '97, p. 301, sec. 12. 



STATE LAND LAWS 
SEC. 362 SEED OYSTERS REMOVAL. 

SEC. 362. TAKING OF SEED OYSTERS. 

No license shall be granted to take seed from any oyster land 
reserve except between the first day of April and the fifteenth 
day of June of each year, and at no time before five o'clock in 
the morning, or after eight o'clock in the evening ; and no person, 
persons or corporation shall take from the state oyster land re- 
serves an amount of oysters to exceed five hundred sacks to each 
acre prepared for seeding, and all seed taken from the state's 
oyster land reserves under the provisions of this act* must be 
used upon lands situated in the State of Washington and de- 
scribed in the application for license. Any person, company or 
corporation desiring to take oysters from the state's oyster land 
reserves for the purpose of seeding his, her or their oyster beds, 
may make application to the State Oyster Commission for a 
license so to do, said application to be made upon forms to be 
provided by said State Oyster Commission in substance as fol- 
lows : It shall show the date when made ; the name of the person, 
company or corporation making the same; a description of the 
land upon which the oysters are to be placed, said description 
of land to show county, township, name of bay or inlet where land 
is located; state the amount of land prepared for seeding, and 
how prepared; whether the same is diked or not; whether it is 
hard ground or mud, and if mud ground, whether any crust or 
shell, sand or other substance, has been formed to protect the 
seed oysters. The applicant must state in application the num- 
ber of sacks of oysters desired to be taken under the license, 
which amount must not exceed five hundred sacks per acre for 
all ground properly prepared to receive them. Where the ap- 
plicant desires the license to be made in the name of any other 
person than himself or themselves or his or their agent, he shall 
so state. And no person, firm or corporation shall take oysters 
from any of the reserves in this state, without first having pro- 
cured a license so to do. The applicant must agree to pay to 
the State Oyster Commission, under such rules as they may pre- 
scribe, the sum of twenty-five cents per sack on Puget Sound and 
ten cents per sack in all other places for all oysters taken under 



STATE LAND LAWS 
LICENSE. SECS. 363-365 

the license and in all other things to comply with the rules and 
regulations governing the taking of oysters from the oyster 
land reserves as set forth in the license ; and that all oysters taken 
in pursuance of the license shall be put on the ground described 
in the application. Every applicant shall declare upon oath 
or affirmation that the application is made in good faith, and 
that all things stated therein are true. (Laws '03, p. 342, sec. 8 ; 
sec. 5248 Rem.-Bal. ; 373 sec. 15 Pierce.) 

* Sees. 355-365. 
Compare sec. 270, ante. 

SEC. 363. GRANTING OF LICENSE. 

When application is made to the State Oyster Commission for 
permission to take oysters from the state oyster land reserves, and 
such application is made according to the provisions of this act,* 
the said commission shall grant such applicant a license to go 
upon any of the state's oyster land reserves that are not closed to 
operation, and take therefrom oysters for the use set forth in the 
application and for no other. Said license shall contain the priv- 
ileges and prohibitions provided for in this act, and such rules 
and regulations as may have been adopted by the commission for 
the regulation of the business of taking oysters from the oyster 
land reserves. (Laws '03, p. 343, sec. 9 ; sec. 5249 Rem.-Bal. ; 
373 sec. 17 Pierce.) 

* Sees. 355-365. 

Former Laws: Laws '97, p. 301, sec. 12. 

Penalty for taking oysters without license: sec. 268, supra. 

SEC. 364. DEFINITION OF WORD "SACK." 

Whenever the word sack is used in this act* it shall be consid- 
ered to mean a quantity equal in weight to one hundred and 
twenty pounds. (Laws '03, p. 343, sec. 10; sec. 5250 Rem.- 
Bal. ; 373 sec. 19 Pierce.) 

*Secs. 355-365. 

SEC. 365. LICENSE FEE. 

Every person applying for a license under the provisions of 
this act* shall pay to the State Oyster Commission five dollars be- 



238 STATE LAND LAWS 

SECS. 366-367 OYSTEES PLANTERS' RIGHTS. 

fore the license shall be issued. (Laws '03, p. 343, sec. 11 ; sec. 
5251 Rem.-Bal. ; 373 sec. 21 Pierce.) 

Former Laws: Laws '97, p. 302, sec. 13. 

* Sees. 355-365. 

NOTE: Section 12 of this Act, (sec. 5252 Rem.-Bal.; 373 sec. 23 
Pierce), creating an oyster fund, was probably repealed by Chap. 8, 
Laws '07, which abolished all special funds in the state treasury and 
provided that all moneys thereafter received, except from certain 
sources, should be paid into the general fund. By an act of the same 
session (section 483, post), providing for the sale of certain oyster 
reserves, the proceeds of such sales were directed to be paid into a 
special fund "for the improvement, protection and supervision of the 
state oyster reserves." Although a later act, this is inconsistent with 
and is probably controlled by Chap. 8, which carried an emergency 
clause. 

SEC. 366. PLANTER'S RIGHTS PENDING SALE. 

When any person has, acting in good faith, planted oysters 
on any tide or shore lands not containing any bed of natural 
oysters belonging to the State of Washington and not other- 
wise occupied for purposes of trade or commerce, such oysters 
shall, pending the sale, lease or reservation of such lands by the 
state, be considered as personal property, and the unauthorized 
taking of the same shall subject the offender to civil and criminal 
prosecution as in any similar case of violation of property 
rights : Provided, That the grounds holding the oysters have 
been kept suitably marked by stakes or other landmarks, but 
such stakes or other landmarks having been removed by accident 
or design shall not excuse any person for wrongfully taking 
the oysters thereby marked if he knew the grounds to have been 
planted with oysters. (Laws '95, p. 46, sec. 1 ; sec. 5258 Rem.- 
Bal. ; 373 sec. 69 Pierce.) 
SEC. 367. IN DEEP WATER PLANTER'S RIGHTS. 

When any person has, acting in good faith, planted oysters 
on any grounds lying deeper than the level of the water, said 
grounds being under the jurisdiction of the State of Washing- 
ton, and not otherwise occupied for the purpose of trade or 
commerce, such oysters shall, pending the sale, lease or reser- 
vation of such lands by the State of Washington, be considered 



STATE LAND LAWS 
OYSTERS DISCOVERERS' RIGHTS. SECS. 368-369 

as personal property, and the unauthorized taking of the same 
shall subject the offender to civil and criminal prosecution as in 
any similar case of violation of property rights : Provided, That 
the grounds holding the oysters have been kept suitably marked 
by stakes or other landmarks, but such stakes or other land- 
marks having been removed by accident or design shall not excuse 
any person for wrongfully taking the oysters thereby marked if 
he knew the grounds to have been planted with the oysters, 
(Laws '95, p. 46, sec. 2; sec. 5259 Rem.-Bal. ; 373 sec. 71 
Pierce.) 

Leasing of deep water oyster lands: sec. 170 et seq., ante. 

SEC. 368. CONFERS NO RIGHTS TO PURCHASE. 

Nothing in sections 366 or 367 shall be construed as giving 
any prior or exclusive right of purchase or lease from the State 
of Washington of any shore and tide land or deeper lands 
when the same may or shall be disposed of by the state or offered 
by the state for sale or lease, nor shall it be construed as in any 
way removing, diminishing or affecting any such rights hereto- 
fore provided for by any act, or hereafter to be provided for 
by any act ; neither shall this act be in any way amendatory to 
section 116 of this code. (Laws '95, p. 47, sec. 3; sec. 5260 
Rem.-Bal.; 373 sec. 73 Pierce.) 

SEC. 369. RIGHTS OF PERSON DISCOVERING. 

Any person or persons, being a citizen or citizens of the 
United States, who shall discover any bed or beds of oysters in 
any bay or arm of the sea bordering upon this state, that has 
not been before discovered, shall, by right of said discovery, be 
entitled to the exclusive right or privilege of gathering or dredg- 
ing oysters on said bed or beds for the term of five years. The 
person, or persons, making such discovery, who desires to avail 
himself of the rights and privileges hereby granted, shall be re- 
quired to designate the place and area of the bed or beds so dis- 
covered, with the stakes or other artificial marks, and shall make 
affidavit before the county auditor of the county in which such 
discovery has been made, that he located the premises so discov- 



240 STATE LAND LAWS 

SEC. 370 IRRIGATION BY STATE. 

ered, accompanied by a description and diagram of the same, 
which shall be filed in the office of said county auditor : Provided, 
That the restriction and protection of the discoveries shall be 
ten acres. (Code 1881, sec. 1198; sec. 5254 Rem.-Bal. ; 373 

sec. 149 Pierce.) 

Recognized as still in force by sec. 270, supra. 
Penalty for unlawful removal of oysters from lands located here- 
under: sec. 272, supra. 

Lease of deep water oyster lands: sec. 170 et seq., supra. 



CHAPTER 



RECLAMATION OP ARID STATE LANDS. 
SEC. 370. Proposals for Reclamation. 

371. Same; Contents and Form. 

372. Deposit for Guarantee. 

373. Commissioner to Examine. 

374. Acceptance; Contract. 

375. Bond for Performance; Limit of Time. 

376. Breach; Contract for Completion; Receiver. 

377. No Obligation Upon State. 

378. Lands to be Sold With Water Right. 

379. Default in Water Contract; Foreclosure. 

380. Project Maps to be Filed. 

381. Contractor's Reports, etc. 

382. Commissioner's Report. 

383. Suits by State. 

384. Scope of Act. 

Cross-References: RECLAMATION UNDER CAREY ACT: sec. 393 
et seq., post; UNITED STATES RECLAMATION: sec. 386 et seq., post. 

SEC. 370. STATE LANDS TO BE RECLAIMED. 

The Commissioner of Public Lands of the State of Washing- 
ton, is hereby authorized and empowered to receive and file 
proposals, and to enter into contract as herein provided, for the 
construction of irrigation works to reclaim any and all of the 
lands granted to the State of Washington for any and all pur- 
poses and uses. (Laws '05, p. 113, sec. 1 ; sec. 6729 Rem.-Bal. ; 

271 sec. 375 Pierce.) 

Acceptance and reclamation under Carey $ct: 293 et seq., post. 
Reclamation of state lands by United States: sec. 38,6 et seq., post. 
Use of waters for irrigation: Const., Art. XXI, sec. 1, ante. 



STATE LAND LAWS 
CONTRACT FOR WORKS. SECS. 371-372 

SEC. 371. PROPOSALS FOR RECLAMATION. 

Any person, company or association of persons or incorpo- 
rated company doing business in the State of Washington desir- 
in to construct ditches, canals or other irrigation works for the 
reclamation of said lands, shall file with the Commissioner of 
Public Lands, proposal to construct the ditches, canals or other 
irrigation works necessary to the complete reclamation of said 
lands. The proposal shall be prepared in accordance with the 
rules adopted by the Commissioner of Public Lands. It shall 
state the source of water supply, the location and dimension of 
the proposed works, the location and character of the land pro- 
posed to be irrigated, the price per acre at which perpetual water 
right will be sold to settlers on the land to be irrigated, and shall 
be accompanied by maps, plans and specifications of the pro- 
posed works and land to be irrigated, which shall be considered 
a part of the proposal. In the case of incorporated companies it 
shall state the name of the company, the purpose of its incor- 
poration, the names and places of residence of its trustees and 
officers, the amount of its authorized and of its paid up capital.' 
If the applicant is not an incorporated company, the proposal 
shall set forth the name or names of the party or parties and such 
other facts as will enable the Commissioner of Public Lands to 
determine his or their financial ability to carry out the proposed 
undertaking. (Laws '05, p. 113, sec. 2; sec. 6730 Rem.-Bal. ; 
271 sec. 377 Pierce.) 

SEC. 372. GOOD FAITH. 

A certified check for a sum of not less than two hundred and 
fifty dollars ($250.00) nor more than two thousand five hundred 
dollars ($2,500.00), as may be determined by the Commissioner 
of Public Lands, shall accompany each such proposal, the same 
to be held as guarantee of the execution of the contract with the 
state, in accordance with its terms by the party submitting such 
proposal. In case of the approval of the same and the accept- 
ance of the proposal by the Commissioner of Public Lands, and 
to be forfeited to the state in case of the failure of said party to 
enter into a contract with the state in accordance with the pro- 



STATE LAND LAWS 
SECS. 373-374 IRRIGATION PLANS AND APPROVAL. 

visions of this chapter. (Laws '05, p. 114, sec. 3 ; sec. 6731 
Rem.-Bal. ; 271 sec. 379 Pierce.) 

See post, sees. 380-381. 

SEC. 373. LAND COMMISSIONER DISCRETION. 

Immediately upon the receipt of any proposal as designated 
in section 371, it shall be the duty of the Commissioner of Public 
Lands to examine the same and ascertain if it complies in form 
with the rules adopted by him as provided in section 371. If it 
does not it is to be returned for correction ; and if not corrected 
within sixty days, it may be rejected by the Commissioner of 
Public Lands. The Commissioner of Public Lands shall deter- 
mine whether or not the proposed works are feasible and the 
water provided is adequate, and whether the proposed irrigation 
works described in the maps, plans and specifications, are ade- 
quate for the irrigation of the lands intended to be irrigated. 
When a request or proposal is not approved by the Commissioner 
of Public Lands, he shall notify the party making such request 
or proposal of his disapproval thereof, and the party so notified 
shall have sixty days in which to make a satisfactory proposal, 
but the Commissioner of Public Lands may, at his discretion, 
extend the time six months. (Laws '05, p. 114, sec. 4; sec. 
6732 Rem.-Bal. ; 271 sec. 381 Pierce.) 

SEC. 374. APPROVAL. 

If the plans and specifications for the proposed irrigation 
works and the furnishing of a perpetual water supply for the 
irrigation of said lands is approved by the Commissioner of 
Public Lands, the said Commissioner of Public Lands is author- 
ized and empowered to enter into a contract with the party sub- 
mitting the proposal, which contract shall contain complete 
specifications of the location, dimensions and character of the 
proposed ditch, canal or other irrigation work ; the price per 
acre at which perpetual water rights shall be sold to the settler 
or owner, which price may be paid in a lump sum or in ten an- 
nual payments, as the settler or owner may elect ; the amount of 
water to be supplied and the price of the annual maintenance 



STATE LAND LAWS 
COMPLETION FAILURE. SECS. 375-376 

fee per acre : Provided, That no contract under the provisions of 
this chapter shall be entered into by the Commissioner of Public 
Lands until the same shall have been approved by the Attorney 
General and the Governor. (Laws '05, p. 114, sec. 5; sec. 6733 
Rem.-Bal. ; 271 sec. 383 Pierce.) 
SEC. 375. TIME OF COMPLETION BOND. 

No contract shall be made by the Commissioner of Public 
Lands which requires greater time than three years for the con- 
struction of the works and such additional time as may be 
granted by the Commissioner of Public Lands not to exceed two 
years, and all contracts shall state that the work shall begin 
within six months from the date of the contract; at least one- 
tenth of the construction work shall be completed within twelve 
months from the date of said contract, and the construction of 
said works shall be prosecuted with reasonable diligence to com- 
pletion. The Commissioner of Public Lands shall, before letting 
any contract for the construction of any works herein provided 
for, require the contractor to enter into a bond to the State of 
Washington in the penal sum of not less than twenty per cent of 
the estimated cost of the works, conditioned for the faithful per- 
formance of the terms and conditions of said contract. (Laws 
'05, p. 115, sec. 6; sec. 6734 Rem.-Bal. ; 271 sec. 385 Pierce.) 
SEC. 376. FAILURE OF CONTRACTOR; RECEIVER. 

Upon the failure of any party having a contract with the 
state for the construction of irrigation works, to begin the same 
within the time specified by the contract, or to complete the same 
within the time specified by the contract, or to complete the same 
within the time or in accordance with the specifications of the con- 
tract with the state, it shall be the duty of the Commissioner of 
Public Lands to give such party written notice of such failure 
and if, after a period of sixty days from the giving of such no- 
tice, such party shall have failed to proceed with the work or to 
conform with the specifications of his contract with the state the 
bond and contract of such party and all work constructed under 
such contract shall be at once and thereby forfeited to the state, 
and it shall be the duty of the Commissioner of Public Lands at 



STATE LAND LAWS 
SEC. 377 IRRIGATION. 

once so to declare and to give notice once each week for a period 
of four weeks in some newspaper of general circulation in the 
county in which the work is situated, and in one newspaper at 
the State Capital in like manner and for a like period, that upon 
a day fixed, proposals will be received at the office of the Com- 
missioner of Public Lands for the purchase of the incompleted 
works and for the completion of said contract, the time for re- 
ceiving said bids to be at least sixty days subsequent to the issu- 
ing of the last notice of forfeiture. The money received from 
the sale of partially completed works, under the provisions of 
this section, shall first be applied to the expenses incurred by the 
state in their forfeiture and disposal and to satisfy the bond, and 
the surplus, if any exists, shall be paid to the original contractor 
with the state. Whenever after the completion of said irriga- 
tion works any contractor or his successors or assigns shall fail 
to furnish an adequate amount of water to irrigate the lands of 
water right owners or there shall exist other cause as provided 
by law for the appointment of a receiver, the Attorney General 
may apply for the appointment of a receiver to take possession 
of the irrigation works and canal and other property of such 
party and manage, operate, sell or dispose of same. Such ap- 
plication shall be made to the superior court of the county in 
which the whole or some portion of the irrigation works or canal 
of such party is situated ; and the court or its receiver by order 
of the court shall have and may exercise such powers as to the 
possession, management, operation, sale or disposition of the 
property and works of such party as is provided by the law re- 
lating to receivers: Provided, That nothing herein contained 
shall be taken or construed as limiting the right of any party to 
have a receiver appointed as is in other cases provided by law. 
(Laws '05, p. 115, sec. 7; sec. 6765 Rem.-Bal. ; 271 sec. 387 
Pierce.) 

See post, sec. 383. 

SEC. 377. NON-LIABILITY OF STATE. 

Nothing in this chapter shall be construed as authorizing the 
Commissioner of Public Lands to obligate the state to pay for 



STATE LAND LAWS 
PERPETUAL WATER RIGHTS. SECS. 378-379 

any work constructed under any contract or to hold the state in 
any way responsible to settlers for the failure of contractors to 
complete the work according to the terms of their contracts with 
the state. (Laws '05, p. 116, sec. 8; sec. 6736 Rem.-Bal. ; 271 
sec. 389 Pierce.) 

SEC. 378. CONTRACTS ATTACH TO LAND. 

Whenever application has been made to the Commissioner of 
Public Lands for the purchase of any of the irrigible lands de- 
scribed in this chapter as provided by law, the said application 
shall be accompanied by the sworn statement of the applicant 
that he is ready and willing to enter into contract with the per- 
son, company, or association of persons, or incorporated com- 
pany, who have been authorized by the Commissioner of Public 
Lands to furnish water for the reclamation of said lands, which 
statement shall be filed with said application, and the Commis- 
sioner of Public Lands may thereupon proceed to the appraise- 
ment, advertisement and sale of said lands as provided by law. 
In case of the sale of any lands to any party pursuant to 
the appraisement and advertisement thereof, the Commissioner 
of Public Lands shall not issue a contract therefor until there 
shall have been filed in his office a certified copy of a contract 
for a perpetual water right for said lands made and entered 
into by the party purchasing the same with the person, com- 
pany or association of persons, or incorporated company, who 
have been authorized by the Commissioner of Public Lands to 
furnish water for the reclamation of said lands. (Laws '05, p. 
116, sec. 9 ; sec. 6737 Rem.-Bal. ; 271 sec. 391 Pierce.) 

SEC. 379. WATER RIGHT RUNS WITH LAND FORECLOSURE. 

The water right to all land acquired under the provisions of 
this chapter shall attach to and become appurtenant to the land. 
Any person, company or association of persons, or incorporated 
company furnishing water for any tract of land shall have a 
prior lien on said water right and land upon which said water is 
used for all deferred payments for said water right and for any 
maintenance fee due, said lien to be in all respects prior to any 



STATE LAND LAWS 
SEC. 379 IRRIGATION PAYMENT FOR. 

other lien or liens created or attempted to be created by the owner 
or possessor of said land ; said lien to remain in full force and 
effect until the last deferred payment for the water right is fully 
paid and satisfied according to the terms of the contract under 
which said water right was acquired and until all delinquent 
maintenance fees are fully paid. The contract for the water 
right upon which the aforesaid lien is founded shall be recorded 
in the office of the county auditor of the county where the land is 
situated. Upon default of any of the deferred payments secured 
by any lien under the provisions of this chapter or maintenance 
fee, the person, company or association of persons, or incorpo- 
rated company holding or owning said lien, may foreclose the 
same according to the conditions and terms of the contract 
granting and selling to the settler or owner the water right and 
providing for a maintenance fee. All sales shall be advertised 
in a newspaper of general circulation, published in the county 
where said land and water right are situated, once a week for 
four consecutive weeks, and shall be sold to the highest bidder 
at the front door of the court house of the county, or such place 
as may be agreed upon by the terms of the contract. And the 
sheriff of said county shall in all such cases give notice of sale 
and shall sell such land and water right and shall make and de- 
liver a certificate of sale to the purchaser, and at such sale no 
person, company or association of persons or incorporated com- 
pany, owning or holding any lien shall bid in or purchase any 
land or water right at a greater price than the amount due on 
deferred payment or payments for said water right and main- 
tenance fee due and the costs incurred in making the sale of the 
land and water right. At any time within nine months after the 
foreclosure sale by the sheriff of the land and water right as 
aforesaid, the original owner, against whom the lien has been 
foreclosed, or any party entitled to redeem the land sold under 
execution may redeem the land and water right so sold in the 
same manner and order and under the same procedure as is or 
may be provided by law for the redemption of land sold under 
execution. The party redeeming said land and water right 






STATE LAND LAWS 
PROJECT MAPS. SEC. 380 

shall pay to the sheriff the amount for which said land and water 
right was sold and costs and increased costs, together with in- 
terest thereon at the legal rate, and all taxes and payments made 
subsequent to such foreclosure as w r ell as all maintenance fees at 
the time of redemption with interest at like rate. If there be 
more than one redemption each successive redemption shall be 
made within six weeks after the last preceding redemption. And 
where the lien holder becomes the purchaser at such foreclosure 
sale, and in no other case, if such land and water right be 
not redeemed by the original owner or other person entitled to 
redeem as above provided within nine months then at any time 
within three months after the expiration of such nine months 
any person desiring to settle upon and use such land and water 
right may redeem the said land and water right in the manner 
hereinafter provided for redemption by the owner or other re- 
demptioners. Where such land and water right are not pur- 
chased by the lien holder at such foreclosure sale the sheriff shall 
pay out the proceeds of such sale as follows : 

First. He shall retain all charges, costs and fees for his serv- 
ices and account for the same as in civil cases. 

Second. To lienholders or his assigns the amount of the lien 
together with all interest, costs and fixed charges thereon. 

Third. The balance, if any remaining, to the person against 
whom such lien was foreclosed or his assigns. 

When the period of redemption shall have expired the sheriff 
or his successors in office shall execute a proper conveyance of 
the land and water right sold, to the party entitled thereto. The 
foreclosure herein provided for may be transferred to the supe- 
rior court of the proper county in the same manner and with like 
effect as foreclosures of chattel mortgages on notice may be 
transferred. (Laws '05, p. 117, sec. 10; sec. 6738 Rem.-Bal. ; 
271 sec. 393 Pierce.) 

See post, sec. 383. 

SEC. 380. MAPS. 

The maps in the office of the Commissioner of -Public Lands 
of the lands proposed to be irrigated under the provisions of this 



248 STATE LAND LAWS 

SECS. 381-382 IRRIGATION PROPOSALS REPORTS. 

chapter, shall show the location of the canals or other irrigation 
works approved in the contract with the Commissioner of Public 
Lands, and all lands described therein belonging to the State of 
Washington shall be subject to the right of way of such canals, 
distribution system and irrigation works, such right of way to 
embrace the entire width of the canal, distribution and irrigation 
works and such additional width as may be required for their 
proper operation and maintenance. (Laws '05, p. 119. sec. 11 ; 
sec. 6739 Rem.-Bal. ; 271 sec. 395 Pierce.) 

Rights of way for irrigation ditches, generally: sec. 205 et seq., 
ante. 

SEC. 381. RULES FOR FILING PROPOSALS. 

The Commissioner of Public Lands shall provide suitable 
rules for the filing of proposals for the construction of irrigation 
works. There shall be kept in the office of the Commissioner of 
Public Lands, for public inspection, copies of all maps, plats, 
contracts for the construction of irrigation works, and of the 
purchase of the land by settlers. He shall require from each 
person, company or association of persons, or incorporated com- 
pany engaged in the construction of irrigation works under the 
provisions of this chapter, an annual report, to be submitted to 
him on or before November 1st, of each year. This report shall 
show the number of water rights sold, the number of users of 
water under said irrigation works, the legal subdivisions of land 
for which water is to be furnished, the names of the officers of the 
company, the acreage of land which the said irrigation works 
are prepared to supply with water, and such other data as the 
Commissioner of Public Lands may see fit to require. (Laws '05, 
p. 119, sec. 12 ; sec. 6740 Rem.-Bal. ; 271 sec. 397 Pierce.) 

SEC. 382. REPORT TO GOVERNOR. 

The Commissioner of Public Lands shall include in his biennial 
report to the Governor a report setting forth in detail the names, 
location and character of the irrigation works in process of con- 
struction, the acreage and legal subdivisions of land intended to 
be reclaimed and the terms of payment for water right sold. 



STATE LAND LAWS 249 

IRRIGATION BY U. S. SECS. 383-386 

(Laws '05, p. 119, sec. 13; sec. 6741 Rem.-Bal. ; 271 sec. 399 

Pierce.) 

Biennial Report: sec. 20, ante. 

SEC. 383. SUITS IN NAME OF STATE. 

All suits or actions brought by the Commissioner of Public 
Lands under the provisions of this chapter, shall be instituted by 
him in the name of the State of Washington. (Laws '05, p. 119, 
sec. 14 ; sec. 6742 Rem.-Bal. ; 271 sec. 401 Pierce.) 

SEC. 384. NOT TO AFFECT CHAPTER THIRTY-ONE. 

Nothing in this chapter shall be construed as a repeal, amend- 
ment or modification in any respect of chapter thirty-one of this 
code. (Laws '05, p. 119, sec. 15; sec. 6743 Rem.-Bal.; 271 
sec. 403 Pierce.) 

Chapter 31 is applicable to state lands: sec. 413, post. 



CHAPTER 30. 



RECLAMATION OF LANDS BY UNITED STATES. 
SEC. 386. Use of Waters by United States. 

387. Notice of Project; Preliminary Rights. 

388. Appropriation of Waters; Title to Beds and Shores. 

389. Rights of Way for Canals, etc. 

390. Restrictions on Sale of Lands. 

391. Exemption of Water Users' Association. 

392. Records of Associations. 

Cross-References: RECLAMATION OF STATE LANDS: sec. 370 
et seq., ante; RECLAMATION UNDER CAREY ACT: sec. 393 et seq,., 
post; UNITED STATES RECLAMATION ACT: sec. 611 et seq., post. 

SEC. 386. RIGHT TO DIVERT AND STORE WATERS. 

The United States shall have the right to turn into any nat- 
ural or artificial' water course, any water that it may have ac- 
quired the right to store, divert, or store and divert, and may 
again divert and reclaim said waters from said water course for 
irrigation purposes subject to existing rights. (Laws '05, p. 

180, sec. 2; sec. 6409 Rem.-Bal. ; 271 sec. 361 Pierce.) 
Eminent Domain to United States: sec. 248, ante. 
Public uses of waters defined: Const., Art. XXI, sec. 1, ante. 



250 STATE LAND LAWS 

SEC. 387 IRRIGATION LANDS WITHDRAWN. 

SEC. 387. RIGHTS PENDING EXAMINATION. 

Whenever the secretary of the interior of the United States, 
or any officer of the United States duly authorized, shall notify 
the Commissioner of Public Lands of this state that pursuant to 
the provisions of chapter 45 of this code or any amendment of 
said act or substitute therefor, the United States intends to make 
examinations or surveys for the utilization of certain specified 
waters, the waters so described shall not thereafter be subject to 
appropriation under any law of this state for a period of one year 
from and after the date of the receipt of such notice by such Com- 
missioner of Public Lands ; but such notice shall not in any wise 
affect the appropriation of any water theretofore in good faith 
initiated under any law of this state, but such appropriation 
may be completed in accordance with the law in the same manner 
and to the same extent as though such notice had not been given. 
No adverse claim to any of such waters initiated subsequent to 
the receipt by the Commissioner of Public Lands of such notice 
shall be recognized, under the laws of this state, except as to 
such amount of the waters described in such notice or certificate 
hereinafter provided as may be formally released in writing by 
a duly authorized officer of the United States. If the said secre- 
tary of the interior or other duly authorized officer of the United 
States shall, before the expiration of said period of one year, 
certify in writing to the said Commissioner of Public Lands that 
the project contemplated in such notice appears to be feasible 
and that the investigation will be made in detail, the waters 
specified in such notice shall not be subject to appropriation 
under any law of this state for the further period of three years 
following the date of receipt of such certificate, and such fur- 
ther time as the Commissioner of Public Lands may grant ; upon 
application of the United States or some one of its authorized 
officers and notice thereof first published once in each week for 
four consecutive weeks in a newspaper published in the county 
where the works for the utilization of such waters are to be con- 
structed, and if such works are to be in or extend into two or 
more counties, then for the same period in a newspaper in each 



STATE LAND LAWS 
WATER APPROPRIATION. SEC. 388 

of such counties : Provided, That in case such certificate shall 
not be filed with said Commissioner of Public Lands within the 
period of one year herein limited therefor the waters specified 
in such notice shall, after the expiration of said period of one 
year, become unaffected by such notice and subject to appropria- 
tion as they would have been had such notice never been given : 
And provided farther, That in case such certificate be filed within 
said one year and the United States does not authorize the con- 
struction of works for the utilization of such waters within said 
three years after the filing of said certificate then the waters 
specified in such notice and certificate shall, after the expiration 
of said last named period of three years, become unaffected by 
such notice or certificate and subject to appropriation as they 
would have been had such notice never been given and such cer- 
tificate never filed. (Laws '05, p. 180, sec. 3; sec. 6410 Rem.- 
Bal.; 271 sec. 363 Pierce.) 

Secretary of Interior to make examinations: sec. 612, post. 
Appropriation of waters, generally: sec. 6315 et seq., Rem.-Bal. 
The commissioner may make successive orders of withdrawal under this 
section : Opinion Att'y Gen'l, Jan. 21, '13. 

SEC. 388. APPROPRIATION OF WATER. 

Whenever said secretary of the interior or other duly author- 
ized officer of the United States shall cause to be let a contract 
for the construction of any irrigation works, or any works for 
the storage of water for use in irrigation, or any portion or sec- 
tion thereof, for which the withdrawal has been effected as pro- 
vided in section 387, any authorized officer of the United States, 
either in the name of the United States or in such name as may 
be determined by the secretary of the interior, may appropri- 
ate, in behalf of the United States, so much of the unappropri- 
ated waters of the state as may be required for the project, such 
appropriation to be made, maintained and perfected in the same 
manner and to the same extent as though such appropriation 
had been made by a private person, corporation or association, 
except as to the time for the initiation, prosecution and comple- 
tion of the necessary works for the utilization of the waters so 
appropriated; which time shall be controlled b}^ the provisions 



252 STATE LAND LAWS 

SEC. 389 CANAL RIGHTS OF WAY. 

of section 387. Such appropriation by or on behalf of the 
United States shall inure to the United States, and its successors 
in interest, in the same manner and to the same extent as though 
said appropriation had been made by a private person, corpora- 
tion or association. The title to the beds and shores of any 
navigable lake or stream utilized by the construction of any 
reservoir or other irrigation works created or constructed as a 
part of such appropriation hereinbefore in this section provided 
for, shall vest in the United States to the extent necessary for the 
maintenance, operation and control of such reservoir or other ir- 
rigation works. (Laws '05, p. 182, sec. 4; sec. 6411 Rem.- 
Bal.; 271 sec. 365 Pierce.) 

SEC. 389. RIGHTS OF WAY OVER STATE LANDS. 

When the notice provided for in section 387 shall be given to 
the Commissioner of Public Lands the proper officers of the 
United States may file with the said Commissioner a list of lands 
(including in the term "lands" as here used, the beds and shores 
of any lake, river, stream, or other waters) owned by the state, 
over or upon which the United States may require rights of way 
for canals, ditches or laterals or sites for reservoirs and struc- 
tures therefor or appurtenant thereto, or such additional rights 
of way and quantity of land as may be required for the opera- 
tion and maintenance of tlie completed works for the irrigation 
project contemplated in such notice, and the filing of such list 
shall constitute a reservation from the sale or other disposal by 
the state of such lands so described, which reservation shall, upon 
the completion of such works and upon the United States by 
its proper officers filing with the Commissioner of Public Lands 
of the state a description of such lands by metes and bounds or 
other definite description, ripen into a grant from the state to 
the United States. The state, in the disposal of lands granted 
from the United States to the state, shall reserve for the United 
States rights of way for ditches, canals, laterals, telephone and 
transmission lines which may be required by the United States 
for the construction, operation and maintenance of irrigation 



STATE LAND LAWS 253 

STATE LANDS SUBJECT. SECS. 390-391 






works. (Laws '05, p. 182, sec. 5; sec. 6412 Rem.-Bal. ; 
sec. 367 Pierce.) 

Rights of way for private irrigation ditches: sec. 205 et seq., ante. 

SEC. 390. STATE LANDS SOLD SUBJECT TO FEDERAL REGU- 
LATION. 

After the receipt by the Commissioner of Public Lands of 
the notice from the secretary of the interior or other officer of 
the United States provided for in section 387, no lands belong- 
ing to the state, susceptible of irrigation and within the area to 
be irrigated from the works projected by the United States and 
specified in such notice shall be sold except in conformity to 
the classification of farm units by the United States, and the 
title to such lands shall not pass from the state until the appli- 
cant therefor shall have fully complied with the provisions of 
the laws of the United States and the regulations thereunder 
concerning the acquisition of the right to use water from such 
works and shall produce the evidence thereof duly issued : Pro- 
vided, That the restrictions upon the sale or other disposal by the 
state of any state lands provided for in this section shall con- 
tinue for the same periods, respectively, and upon the same con- 
ditions, as specified in section 387 for the withdrawal of waters 
from appropriation: And provided further, That in case the 
authorization by the United States for the construction of irri- 
gation works pursuant to section 387 shall be made within the 
period of three years specified therefor in said section, then the 
restrictions upon and conditions prescribed for the sale or other 
disposal of said lands in this section shall continue so long as 
any such lands shall remain unsold or not disposed of. (Laws 
'05, p. 183, sec. 6 ; sec. 6413 Rem.-Bal. ; 271 sec. 369 Pierce.) 

Establishment of farm units and water charges: sec. 614 et seq., 
post. 

SEC. 391. WATER USERS' ASSOCIATION EXEMPT FROM TAXES. 

Any water users' association which is organized in conformity 
with the requirements of the United States under said act of 
Congress, and which under its articles of incorporation is 
authorized to furnish water only to its stockholders, shall be 



STATE LAND LAWS 
SEC. 392 WATER USERS' ASSOCIATIONS. 

exempt from the payment of any incorporation tax, and from 
the payment of any annual franchise tax ; but shall be required 
to pay, as preliminary to its incorporation, only a fee of twenty 
dollars for the filing and recording of its articles of incorpora- 
tion and the issuance of certificate of incorporation. (Laws '05, 
p. 184, sec. 7 ; sec. 6414 Rem.-Bal. ; 271 sec. 371 Pierce.) 

Management of irrigation works to pass to such associations: sec. 
618, post. 

SEC. 392. STOCK BOOKS COUNTY AUDITOR. 

It shall be the duty of the county auditor to provide record 
books containing printed forms of the articles of incorporation 
and stock subscriptions to the stock of water users' associations 
organized in conformity with the requirements of the United 
States under said act of Congress, and to use such books for re- 
cording stock subscriptions of such associations ; and the charges 
for the recording thereof shall be made on the basis of the num- 
ber of words actually written therein and not for the printed 
form. (Laws '05, p. 184, sec. 8; sec. 6415 Rem.-Bal.; 271 
sec. 373 Pierce.) 



STATE LAND LAWS 255 

CAREY ACT GRANT. SEC. 393 



CHAPTER 31. 






RECLAMATION OF GOVERNMENT LANDS BY STATE. 

SEC. 393. Acceptance of Grant Under Carey Act. 

394. Powers of Commissioner; Selection. 

395. Examination and Proposal for Irrigation. 

396. Deposit for Guarantee. 

397. Acceptance or Rejection of Proposal. 

398. List of Withdrawn Lands. 

399. Contract for Reclamation. 

400. Time for Performance. 

401. Forfeiture. 

402. Non-Liability of State. 

403. Sale of Reclaimed Lands; Notice. 

404. Same; Application; Water Contract. 

405. Disposition of Funds. 

406. Final Payment After Delivery of Water. 

407. Deed. 

408. Water Right Appurtenant to Land. 

409. Project Maps. 

410. Project Rules and Reports. 

411. Fees of Commissioner. 

412. Report of Commissioner. 

413. Benefit Extended to State Lands. 

414. Reimbursement of State. 

415. Suits by State. 

Cross-References: RECLAMATION OF STATE LANDS: sec. 370 
et seq., ante; UNITED STATES RECLAMATION: sec. 386 et seq., ante; 
CAREY ACT: sec. 605 et seq., post. 

SEC. 393. ACCEPTANCE OF ARID LAND GRANT. 

The State of Washington hereby accepts the condition of the 
Act of Congress contained in chapter 44 of this code, and all 
acts subsequent and relating thereto together with all the grants 
of land to the state under the provisions of the aforesaid acts. 
(Laws '03, p. 299, sec. 1 ; sec. 6706 Rem.-Bal. ; 477 sec. 303 
Pierce.) 

Former Laws: Laws '95, p. 452, sec. 1. 

NOTE: Sec. 1, Laws '95, p. 452, is probably still in effect. It is 
substantially the same as the above section. All of the remainder of 
the act of '95 was expressly repealed by sec. 70, Laws '97, p. 262, but 
such repeal was held ineffective in Hewlett v. Cheetham, 17 Wash. 626. 



256 STATE LAND LAWS 

SECS. 394-395 CAREY ACT PROPOSALS. 

All of the act of '95 excepting sections 1 and 2 was amended by Laws 
'97, p. 345. Sec. 24 of the act of '03 (Laws '03, p. 309) expressly re- 
peals sec. 2 of the act of '95, and the remainder of the act of '03, which 
is contained in this chapter, clearly supersedes the acts of '95 and '97. 
As declared by sec. 384, ante, this chapter is not affected by Chap. 29, 
ante. 

Former laws cited : 17 Wash. 629 ; 19 Wash. 331. 

SEC. 394. COMMISSIONER POWER VESTED. 

The selection, management and disposal of said lands shall be 
vested in the Commissioner of Public Lands of the State of 
Washington. He shall receive and file all proposals for the 
construction of irrigation works to reclaim lands selected under 
the provisions of this chapter, prepare and keep for public in- 
spection, maps or plats, on a scale of two inches to the mile, of all 
lands selected, receive entries of settlers on these lands, and hear 
or receive the final proof of their reclamation ; and do any and 
all work required to be done in carrying out the provisions of 
this chapter. (Laws '03, p. 299, sec. 2; sec. 6707 Rem.-Bal. ; 
477 sec. 305 Pierce.) 

Former Laws: Laws '95, p. 452, sec. 2. 

Selection of lands for reclamation: sees. 605-608, post. 

SEC. 395. FILING REQUEST AND PROPOSAL. 

Any person, company or association of persons, or incorpo- 
rated company, constructing, having constructed or desiring to 
construct ditches, canals or other navigation [irrigation] works, 
to reclaim land under the provisions of said chapter 44, shall 
file with the Commissioner of Public Lands a request for the 
selection on behalf of the state by the Commissioner of Public 
Lands of the land to be reclaimed, designating said land by legal 
subdivision. This request shall be accompanied by a proposal to 
construct the ditch, canal or other irrigation works necessary for 
the complete reclamation of the lands to be selected. The pro- 
posal shall be prepared in accordance with the rules of the Com- 
missioner of Public Lands and with the regulations of the de- 
partment of the interior. It shall state the source of water 
supply, the location and dimensions of the proposed works, the 
price and terms per acre at which perpetual water rights will 



STATE LAND LAWS 357 

PBOPONENT'S GUARANTEE. SECS. 396-397 

be sold to settlers on the land to be reclaimed. In the case of 
incorporated companies it shall state the name of the company, 
the purpose of its incorporation, the names and places of resi- 
dence of its trustees and officers, the amount of its authorized 
and of its paid up capital. If the applicant is not an incor- 
porated company the proposal shall set forth the name or names 
of the party or parties, and such other facts as will enable the 
Commissioner of Public Lands to determine his or their financial 
ability to carry out the proposed undertaking. (Laws '03, p. 

299, sec. 3; sec. 6708 Rem.-Bal. ; 477 sec. 307 Pierce.) 
Former Laws: See note to sec. 393, ante. 

Withdrawal and selection of lands under Carey Act: sees. 605-608, 
post. 

SEC. 396. GUARANTEE DEPOSIT. 

A certified check for a sum not less than two hundred and 
fifty dollars ($250) nor more than two thousand five hundred 
dollars ($2,500) as may be determined by the rules of the Com- 
missioner of Public Lands shall accompany each such request 
and proposal, the same to be held as a guarantee of the "execu- 
tion of the contract with the state, in accordance with its terms, 
by the party submitting such proposal, in case of the approval 
of the same and the selection of the land by the Commissioner 
of Public Lands, and to be forfeited to the state in case of the 
failure of said party to enter into a contract with the state in 
accordance with the provisions of this chapter. (Laws '03, p. 

300, sec. 4; sec. 6709 Rem.-Bal. ; 477 sec. 309 Pierce.) 
Former Laws: See note to sec. 393, ante. 

SEC. 397. DUTY OF COMMISSIONER. 

Immediately upon the receipt of any request and proposals 
as designated in section 394 it shall be the duty of the Commis- 
sioner of Public Lands to examine the same and ascertain if it 
complies in form with the rules of his office and the regulations 
of the department of the interior. If it does not it is to be 
returned for correction, and, if not corrected within sixty days, 
it may be rejected by the commissioner. The Commissioner of 

9 



258 STATE LAND LAWS 

SECS. 398-399 LANDS FOE IRRIGATION. 

Public Lands shall determine whether or not the proposed works 
are feasible and the water appropriated and provided for is 
adequate and whether the maps filed in his office comply with 
the requirements of his office and the regulations of the depart- 
ment of the interior ; also whether the lands proposed to be irri- 
gated are desert in character, and such as may be properly set 
apart under the provisions of the aforesaid acts of Congress 
and the rules and regulations of the department of the interior 
thereunder. When a request or proposal as to substance is not 
approved by the commissioner he shall notify the party making 
such request or proposal of his disapproval thereof and the rea- 
son therefor, and the party so notified shall have sixty days in 
which to make a satisfactory proposal but the commissioner may, 
at his discretion, extend the time to six months. (Laws '03, 
p. 300, sec. 5 ; sec. 6710 Rem.-Bal. ; 477 sec. 311 Pierce.) 

Former Laws: See note to sec. 393, ante. 

Desert lands defined: sec. 605, post, and note. 

SEC. 398. LISTS OF WITHDRAWN LANDS. 

On receipt of the request and proposal, and the approval of 
the same by the Commissioner of Public Lands, he shall file in 
the local United States Land Office a list in triplicate, describing 
the land embraced in said proposal with a request for the with- 
drawal of the land described in said list. (Laws '03, p. 301, sec. 
6; sec. 6711 Rem.-Bal.; 477 sec. 313 Pierce.) 

Former Laws: See note to sec. 393, ante. 

SEC. 399. WITHDRAWAL OF LANDS APPROVAL OF CONTRACT. 
Upon the withdrawal of the land by the department of the 
interior, it shall be the duty of the Commissioner of Public 
Lands to enter into a contract with the party submitting the 
proposal, which contract shall contain complete specifications 
of the location, dimensions and character of the proposed ditch, 
canal and other irrigation works ; the price and terms per acre 
at which perpetual water rights shall be sold to the settler; the 
amount of water to be supplied ; the price of an annual main- 
tenance fee per acre, and the price and terms upon which the 



STATE LAND LAWS #59 

PERFORMANCE OF CONTRACT. SECS. 400-401 

state is to dispose of the land to settlers : Provided, That such 
price and terms for irrigation works, water rights, maintenance 
fee and for lands to be disposed of by the state to settlers, shall 
in all cases be reasonable and just. This contract shall not be 
entered into on the part of the state until withdrawal of these 
lands by the department of the interior and the filing of a satis- 
factory bond on the part of the proposed contractor for irriga- 
tion works, which bond shall be in penal sum equal to five per 
cent, of the estimated cost of the works, and to be conditioned 
for the faithful performance of the provisions of the contract 
with the state : Provided, That no contract under the provisions 
of this chapter shall be entered into by the Commissioner of Pub- 
lic Lands until the same shall have been approved by the Attorney 
General and the Governor. (Laws '03, p. 301, sec. 7; sec. 6712 
Rem.-Bal. ; 477 sec. 315 Pierce.) 

Former Laws: See note to sec. 393, ante. 

SEC. 400. LIMIT OF CONTRACT TIME. 

No contract shall be made by the Commissioner of Public 
Lands which requires a greater time than ten years for the 
construction of the works and such additional time as may be 
granted by the interior department as provided by the afore- 
said acts of Congress and amendments thereto, and all contracts 
shall state that the work shall begin within six months from the 
date of the contract ; at least one-tenth of the construction work 
shall be completed within two years from the date of said con- 
tract; and the construction of said works shall be prosecuted 
with reasonable diligence to completion. (Laws '03, p. 302, sec. 
8; sec. 6713 Rem.-Bal. ; 477 sec. 317 Pierce.) 

Former Laws: See note to sec. 393, ante. 

SEC. 401. FAILURE TO BEGIN WORK FORFEITURE. 

Upon the failure of any party having a contract with the 
state for the construction of irrigation works, to begin the same % 
within the time specified by the contract, or to complete the same 
within the time or in accordance with the specifications of the 
contract with the state, it shall be the duty of the Commissioner 



STATE LAND LAWS 
SEC. 401 IRRIGATION FAILURE OF CONTRACTOR. 

of Public Lands to give such party written notice of such failure 
and if, after a period of sixty days from the giving of such no- 
tice such party shall have failed to proceed with the work or to 
conform to the specifications of his contract with the state the 
bond and contract of such party and all work constructed under 
such contract shall be at once and thereby forfeited to the state, 
and it shall be the duty of the Commissioner of Public Lands 
at once so to declare and to give notice once each week for a 
period of four weeks in some newspaper of general circulation 
in the county in which the work is situated, and in one news- 
paper at the state capital in like manner and for a like period, 
that upon a day fixed, proposals will be received at the office of 
the Commissioner of Public Lands at Olympia, Washington, for 
the purchase of the incompleted works and for the completion 
of said contract, the time for receiving said bids to be at least 
sixty days subsequent to the issuing of the last notice of for- 
feiture. The money received from the sale of partially com- 
pleted works, under the provisions of this section shall first be 
applied to the expenses incurred by the state in their forfeiture, 
and disposal, to satisfy the bond, and the surplus, if any exists, 
shall be paid to the original contractor with the state. When- 
ever after the completion of said irrigation works any contractor 
or his successors or assigns shall fail to furnish an adequate 
amount of water to irrigate the lands of water right owners or 
there shall exist other cause as provided by law for the appoint- 
ment of a receiver, the Attorney General may apply for the 
appointment of a receiver to take possession of the irrigation 
works and canal and other property of such party, and manage, 
operate, sell or dispose of the same. Such application shall be 
made to the superior court of the county in which the whole or 
some portion of the irrigation works or canal of such party is 
situated ; and the court or its receiver by order of the court shall 
have and may exercise such powers as to the possession, manage- 
ment, operation, sale or disposition of the property and works 
of such party as is provided by law relating to receivers : Pro- 
vided, That nothing herein contained shall be taken or construed 



STATE LAND LAWS 
RECLAIMED LANDS SALE. SECS. 402-404 

as limiting the right of any party to have a receiver appointed 
as is in other cases provided by law. (Laws '03, p. 302, sec. 9 ; 
sec. 6714 Rem.-Bal.; 477 sec. 319 Pierce.) 
Former Laws: See note to sec. 393, ante. 

SEC. 402. STATE NOT LIABLE. 

Nothing in this chapter shall be construed as authorizing the 
Commissioner of Public Lands to obligate the state to pay for 
any work constructed under any contract or to hold the state 
in any way responsible to settlers for the failure of contractors 
to complete the work according to the terms of their contracts 
with the state. (Laws '03, p. 303, sec. 10; sec. 6715 Rem.- 
Bal.; 477 sec. 321 Pierce.) 

Former Laws: See note to sec. 393, ante. 

SEC. 403. LANDS OPEN PUBLISH ED. 

Immediately upon the withdrawal of any land for the state 
by the department of the interior and the inauguration of work 
by the contractor, it shall be the duty of the Commissioner of 
Public Lands, by publication once a week in one newspaper of 
the county or counties in which said land is situated, and such 
further notice as he may deem necessary, for a period of four 
weeks, that said land is open for settlement ; the price for which 
said land will be sold to settlers by the state, the contract price 
at which settlers can purchase a perpetual water right, and the 
cost of an annual maintenance fee. (Laws '03, p. 303, sec. 11 ; 
sec. 6716 Rem.-Bal. ; 477 sec. 323 Pierce.) 
Former Laws: See note to sec. 393, ante. 

SEC. 404. WHO MAY PURCHASE. 

Any citizen of the United States, or any person having de- 
clared his intention to become a citzen of the United States (ex- 
cepting married women not the heads of families) over the age 
of twenty-one years, may make application under oath, to the 
Commissioner of Public Lands, to enter any of said lands in 
any amount not to exceed one hundred and sixty acres for any 
one person ; such application shall set forth that the person de- 
siring to make such entry does so for the purpose of actual 



STATE LAND LAWS 
SEC. 405 IRRIGATION TRUST FUND. 

reclamation, cultivation and settlement in accordance with the 
act of Congress and the laws of this state relating thereto, and 
the .applicant has never received the benefit of the provisions of 
this chapter, to an amount greater than one hundred and sixty 
acres, including the number of acres specified in the application 
under consideration. Such application must be accompanied by 
a certified copy of a contract for a perpetual water right, made 
and entered into by the party making application with the per- 
son, company or association of persons, or incorporated com- 
pany who have been authorized by the Commissioner of Public 
Lands to furnish water for the reclamation of said land ; and if 
said applicant has at any previous time entered land under the 
provisions of this chapter, he shall so state in his application, 
together with the description, date of entry and location of said 
lands. The Commissioner of Public Lands shall thereupon file in 
his office the application and papers relating thereto, and, if al- 
lowed, issue a certificate of location to the applicant. All appli- 
cations for entry shall be accompanied by a payment of one 
dollar per acre, which shall be paid as a partial payment on the 
land if the application is allowed, and all certificates when 
issued shall be recorded in a book to be kept for that purpose. 
If the application is not allowed, or the contractor fails to com- 
plete the work according to contract the one dollar per acre 
accompanying the application shall be returned to the applicant. 
The Commissioner of Public Lands shall dispose of all lands ac- 
cepted by the state under the provisions of this chapter at a uni- 
form price of not less than ten dollars per acre, one-tenth to be 
paid at the time of entry and the remainder in nine equal annual 
installments, with interest at six per cent, per annum payable 
annually, provided a settler may make payment in full at any 
time upon or after making final proof. (Laws '03, p. 303, sec. 
12; sec. 6717 Rem.-Bal. ; 477 sec. 325 Pierce.) 
Former Laws: See note to sec. 393, ante. 

SEC. 405. DEPOSIT OF FUNDS. 

All moneys received by the Commissioner of Public Lands 
from the sale of lands selected under the provisions of this 



STATE LAND LAWS 263 

DUTIES OF PURCHASER. SEC. 406 

chapter shall be deposited with the state treasurer and shall 
constitute a trust fund in the hands of said treasurer to be used 
in the reclamation of other arid lands. (Laws '03, p. 304, sec. 
13; sec. 6718 Rem.-Bal. ; 477 sec. 327 Pierce.) 

Former Laws: See note to sec. 393, ante. 

Trust fund required: sec. 609, post. 

Costs to be first paid: sec. 414, post. 

SEC. 406. SETTLER'S CONTRACTS, ETC. 

Within one year after any person, company or association 
of persons or incorporated company authorized to construct 
irrigation works under the provisions of this chapter, shall have 
notified the settlers under such works that they are prepared to 
furnish water under the terms of their contract with the state, 
each settler shall enter into a contract with the state for the pur- 
chase of the land described in his certificate of location, complete 
the first annual payment thereon, and shall cultivate and reclaim 
not less than one-sixteenth part of the land filed upon by him, 
and within two years after the said notice, the settler shall have 
actually irrigated and cultivated not less than one-eighth of the 
land filed upon, and within ten years from the date of said notice 
the settler shall appear before the Commissioner of Public Lands 
or the clerk of the superior court, within the county wherein said 
land is situated and make final proof of reclamation, settlement 
and occupation, which proof shall embrace evidence that he has a 
perpetual water right for his entire tract of land sufficient in vol- 
ume for the complete irrigation and reclamation thereof ; that he 
is an actual settler thereon and has cultivated and irrigated not 
less than one-eighth of said tract, and such further proof, if 
any, as may be required by the regulations of the department 
of the interior, and the Commissioner of Public Lands. The 
officer taking this proof shall be entitled to receive a fee of two 
dollars ($2.00), which fee shall be paid by the settler and shall 
be in addition to the price paid for the land. All proofs so re- 
ceived shall be submitted to the Commissioner of Public Lands 
and shall be accompanied by the last and final payment for said 
land, and approved by the Commissioner of Public Lands, and 



STATE LAND LAWS 
SECS. 407-408 IRRIGATION PATENTS WATER. 

such proceedings had that a patent of said land shall be issued : 
Provided, That when the Commissioner of Public Lands shall 
take such final proof all fees received by him shall be turned 
into the state treasurer. (Laws '03, p. 305, sec. 14; sec. 6719 
Rem.-Bal.; 477 sec. 329 Pierce.) 

Former Laws: See note to sec. 393, ante. 

Payments to treasurer: sec. 34, supra. 

Proof of reclamation and issuance of patents: sec. 609, post. 

Limit of area to each purchaser: sec. 609, post. 

* 

SEC. 407. PATENTS. 

After the issuance of a patent to any land by the United 
States to the state, notice thereof shall be forwarded to the party, 
if any, entitled to said land, and, upon full payment having 
been made, it shall be the duty of the Commissioner of Public 
Lands to certify such fact to the Governor, whereupon he shall 
cause a patent to be issued to the purchaser, the patent to be 
signed by the Governor and attested by the secretary of state 
with the seal of the state thereto attached, and shall be recorded 
in the office of the Commissioner of Public Lands, and no fee 
shall be required other than the fee provided for in this chapter. 
(Laws '03, p. 305, sec. 15 ; sec. 6720 Rem.-Bal. ; 477 sec. 331 
Pierce.) 

Former Laws: See note to sec. 393, ante. 

Schedule of fees: sec. 32, ante. 

Minerals and rights of way reserved: sees. 85-86, ante. 

When patent issued to state: sec. 609, post. 

SEC. 408. WATER RIGHTS ATTACH. 

The water right to all land acquired under the provisions of 
this chapter shall attach to and become appurtenant to the land 
as soon as title passes from the United States to the state. Any 
person, company or association of persons, or incorporated com- 
pany furnishing water for any tract of land shall have a prior 
lien on said water right and land upon which said water is used 
for all deferred payments for said water right and for any main- 
tenance fee due, said lien to be in all respects prior to any other 
lien or liens created or attempted to be created by the owner or 
possessor of said land ; said lien to remain in full force anr\ ef- 



STATE LAND LAWS 265 

FORECLOSURE OF COST LIEN. SEC. 408 

feet until the last deferred payment for the water right is fully 
paid and satisfied according to the terms of the contract under 
which said water right was acquired ,and until all delinquent 
maintenance fees are fully paid. The contract for the water 
right upon which the aforesaid lien is founded shall be recorded 
in the office by the county auditor of the county where the land 
is situated. Upon default of any of the deferred payments se- 
cured by any lien under the provisions of this chapter and any 
maintenance fee, the person, company, or association of persons, 
or incorporated company holding or owning said lien, may fore- 
close the same according to the conditions and terms of the con- 
tract granting and selling to the settler the water right and pro- 
viding for a maintenance fee. All sales shall be advertised in a 
newspaper of general circulation, published in the county where 
said land and water right is situated, once a week, for four con- 
secutive weeks, and shall be sold to the highest bidder at the 
front door of the court house of the county, or such place as 
may be agreed upon by the terms of the contract. And the 
sheriff of said county shall in all such cases give notice of sale 
and shall sell such land and water right and shall make and 
deliver a certificate of sale to the purchaser, and at such sale no 
person, company, or association of persons, or incorporated com- 
pany, owning or holding any lien shall bid in or purchase any 
land or water right at a greater price than the amount due on 
deferred payment or payments for said water right and land 
and maintenance fee due and the costs incurred in making the 
sale of the land and water right. At any time within nine 
months after the foreclosure sale by the sheriff of the land and 
water right as aforesaid, the original owner against whom the 
lien has been foreclosed, or any other party entitled to redeem 
land sold under execution may redeem land and water right so 
sold in the same manner and order and under the same procedure 
as is or may be provided by law for the redemption of land sold 
under execution. The party reclaiming said land and water 
right shall pay to the sheriff the amount for which said land and 
water right was sold and costs and increased costs, together with 



266 STATE LAND LAWS 

SEC. 409 IRRIGATION CAREY ACT MAPS. 

interest thereon at the legal rate, and all taxes and payments 
maturing subsequent to such foreclosure as well as all main- 
tenance fees due at the time of redemption with interest at like 
rate. If there be more than one redemption each successive re- 
demption shall be made within six (6) weeks after the last pre- 
ceding redemption. And where the lien holder becomes the 
purchaser at such foreclosure sale, and in no other case, if such 
land and water right be not redeemed by the original owner or 
other person entitled to redeem as above provided within nine 
(9) months then at any time within three (3) months after the 
expiration of such nine (9) months any person desiring to settle 
upon and use such land and water right may redeem the said 
land and water right in the manner hereinbefore provided for 
redemption by the owner or other redemptioners. Where such 
land and water right are not purchased by the lien holder at 
such foreclosure sale the sheriff shall pay out the proceeds of 
such sale as follows : 

First. He shall retain all charges, costs and fees for his serv- 
ices and account for the same as in civil cases. 

Second. To the lien holder or his assigns the amount of the 
lien together with all interest, costs and fixed charges thereon. 

Third. The balance of any remaining, to the person against 
whom such lien was foreclosed or his assigns. When the period 
of redemption shall have expired the sheriff or his successor in 
office shall execute a proper conveyance of the land and water 
right sold, to the party entitled thereto. The foreclosure herein 
provided for may be transferred to the superior court of the 
proper county in the same manner and with like effect as fore- 
closure of chattel mortgages on notice may be transferred. 
(Laws '03, p. 306, sec. 16 ; sec. 6721 Rem.-Bal. ; 477 sec. 333 
Pierce.) 

Former Laws: See note to sec. 393, ante. 
Cost lien authorized: sec. 610, post. 

SEC. 409. MAPS WHAT TO SHOW. 

The maps in the office of the Commissioner of Public Lands, of 
the land selected under the provisions of this chapter, shall show 



STATE LAND LAWS 
PROPOSALS. SEC. 410 

the location of the canals or other irrigation works approved in 
the contract with the Commissioner of Public Lands, and all land 
filed upon shall be subject to the right of way of such canals, 
distribution system and irrigation works. Such right of way to 
embrace the entire width of the canal, distribution and irrigation 
works and such additional width as may be required for their 
proper operation and maintenance. (Laws '03, p. 308, sec. 17 ; 
sec. 6722 Rem.-Bal. ; 477 sec. 335 Pierce.) 

Former Laws: See note to sec. 393. 

Rights of way for private irrigation ditches over state lands: sec. 
205 et seq., ante. 

SEC. 410. RULES FOR FILING PROPOSALS. 

The Commissioner of Public Lands shall provide suitable rules 
for the filing of proposals for constructing irrigation works, and 
for the forfeiture of entry by settlers, upon failure to comply 
with the provisions of this chapter. There shall be kept in the 
office of the Commissioner of Public Lands for public inspection, 
copies of all maps, plats, contracts for the construction of irriga- 
tion works, and of the entries of the land by settlers. He shall 
require from each person, company or association of persons, or 
incorporated company engaged in the construction of irrigation 
works under the provisions of this chapter, an annual report, to 
be submitted to him on or before November 1st of each year. This 
report shall show the number of water rights sold, the number 
of users of water under said irrigation works, the legal sub- 
divisions of land for which water is to be furnished, the names of 
the officers of the company, the acreage of land which the said 
irrigation works are prepared to supply with water, and such 
other data as the Commissioner of Public Lands may see fit to 
require. The rules required by this section may be waived in the 
case of irrigation works being constructed by any person, colony 
or association of persons to furnish water for land settled upon 
and being reclaimed by themselves. (Laws '03, p. 308, sec. 18 ; 
sec. 6723 Rem.-Bal.; 477 sec. 337 Pierce.) 
Former Laws: See note to sec. 393, ante. 



268 STATE LAND LAWS 

SECS. 411-413 CAREY ACT FUNDS REPORTS. 

SEC. 411. FEES OF COMMISSIONER. 

The Commissioner of Public Lands shall collect the following 
fees : For filing each application one dollar ; for filing each final 
proof one dollar ; for issuing each patent two dollars ; for mak- 
ing certified copies of papers or records, the same fee as is 
provided for to be charged by the secretary of state for like 
services. All moneys collected and fees received under this chap- 
ter shall be paid by the Commissioner of Public Lands to the 
state treasurer and credited by him to the trust fund created by 
said act of Congress. (Laws '03, p. 308, sec. 19; sec. 6724 
Rem.-Bal.; 477 sec. 339 Pierce.) 

Former Laws: See note to sec. 393, ante. 

Special funds abolished: Laws '07, p. 13, but see sec. 609, post, 
requiring same. 

Payment of moneys to treasurer: sec. 34, supra. 

Schedule of fees: sec. 32, supra. 

Secretary of State, schedule of fees: Laws '07, p. 94, sec. 1 (sec. 
8999 Rem.-Bal.). 

SEC. 412. COMMISSIONER'S REPORT. 

The Commissioner of Public Lands shall issue on or before 
November 30th of each year a report setting forth in detail the 
names, location and character of the irrigation works in process 
of construction, the a