Callvert v. Winsor

Citations

• 26 Wash. 368
• 67 P. 91
• 1901 Wash. LEXIS 657

Syllabus

<p>UNIVERSITY LANDS-AUTHORITY TO SELL- — IN WHAT BOARD VESTED-CONSTRUCTION OF STATUTE.</p> <p>The authority vested in the board of regents of the state university by the act of March 14, 1893 (Laws 1893, p. 293) to sell the state university site in the city of Seattle, which had been originally donated for university purposes, and apply the proceeds of sale towards the purchase and construction of a new site and building, was not abrogated so as to vest the power of sale in the state land commissioners by the passage of the act of March 15, 1893, which provide (Laws 1893, p. 387, § 5) that the said board of state land commissioners should have full supervision and control of all public lands granted to the state for common school, university and all other educational purposes, and should possess and exercise over such lands all the authority, power and functions and should perform all the duties which the state land commission, the state school land commission and the state board of equalization and appeal for the appraisement of tide and shore lands had and exercised, since the latter act expressly restricted its operation by making it apply to public lands only “so far as the same shall not have been disposed of and not appropriated by law to any specific public use.”</p> <p>SAME-KEPEAL BY IMPLICATION.</p> <p>The power conferred by the act of March 14, 1893, on the regents of the state university to sell a certain ten acre tract of land cannot he construed as repealed by the acts of 1895 and 1897 vesting control of state lands in the board of land commissioners, since the repealing clauses of those statutes (Laws 1895, p. 570, § 106; Laws 1897, p. 262, § 70) which expressly repeal various prior acts conferring on certain hoards control over the state lands, omit any reference to the university act of 1893, and a repeal should not be implied, inasmuch as there is not an irreconcilable repugnancy between them, nor an evident intent to comprise in the later enactment