State ex rel. Abbott v. Ross

Citations

• 62 Wash. 82
• 113 P. 273
• 1911 Wash. LEXIS 653

Syllabus

<p>Public Lands — Oyster Lands — Deeds — Cancellation — Powersoe Oeeicers. The state land commissioner is authorized to hear and determine an application for the cancellation of a state deed for oyster lands, by Rem. & Bal. Code, § 6804, providing that if oyster-lands sold by the state shall be used for any other purpose than oyster culture, the deed shall be cancelled upon application to the state land commissioner.</p> <p>Constitutional Law — Judicial Powers — Encroachment on Judiciary — Public Lands — Oyster Lands — Powers oe Land Commissioner. Judicial powers are not conferred on the state land commissioner by Rem. & Bal. Code, § 6804, authorizing him to cancel a. state oyster deed and determine that the land shall revert to the state when the lands have been used for purposes other than oyster culture; since the state deed is not absolute but conditional and contains the conditions of the defeasance, and administrative officers may be clothed with quasi judicial powers, having no authority-to fix a penalty.</p> <p>Public Lands — Oyster Lands — Deeds — Cancellation — Notice. Under Rem. & Bal. Code, § 6804, providing for the cancellation by the commissioner of public lands of state oyster land deeds for breach of condition, but which fails to provide the form of notice to be given to the grantee, any suitable notice of application for the cancellation is sufficient.</p> <p>Statutes — Implied Repeat, — Public Lands — Deeds — Cancellation. Rem. & Bal. Code, § 6804, providing for the cancellation of a state oyster land deed for breach of condition is not impliedly repealed by other general laws relating to tide lands somewhat inconsistent therewith; since there is no plain legislative intent to that end, and the act is not among the acts expressly repealed and may exist without any necessary conflict with the general acts.</p>