State ex rel. Bussell v. Callvert

Citations

• 33 Wash. 380
• 74 P. 573
• 1903 Wash. LEXIS 532

Syllabus

<p>Public Lands—Lease Feom State—Forfeiture—Power of Commissioner of Public Lands. A lease of tide lands made in accordance with the provision of Laws 1897, p. 253, as amended by Laws 1897, pp. 242-244, and Laws 1899, p. 139, can not be can-celled by the commissioner of public lands for any cause except nonpayment of rent, as authorized by § 25, Laws 1897, p. 244, and the commissioner’s unauthorized cancellation of a lease is a mere nullity.</p> <p>Tide Lands—State Deed to the United States—Use for Maintaining Forts—Title to Upland not Held by the Government. A deed of tide lands from the state to the United States, made under Laws 1890, p. 428, purporting to grant the use of such tide lands for the purpose of maintaining forts, etc., is invalid where such tide lands did not border upon upland held or reserved by the United States government for the purposes specified, as required by said act authorizing a deed from the state.</p> <p>Same—Rights of Prior Lessee. Nor could such a deed abrogate the rights of a prior lessee of such tide lands, under a valid lease from the state, Laws 1897, p. 243, providing that lands held under lease shall not be offered for sale except to the lessee.</p> <p>Same—Purchase from State not Authorized by Consent to Acquire Title from Others. Laws 1890, p. 459, and Laws 1891, p. 31, granting the consent of the state to the purchase or condemnation by the United States, of lands owned by individuals or bodies politic or corporate within the state, in accordance with United States constitution, Art. 1, § 8, clause 17, were not intended to authorize a purchase from the state, and the acceptance by the United States of a deed from the state is not authorized by said laws as a purchase from a body politic.</p> <p>Same—G-rant op State Lands por Lake Washington Ship Canal—Rights op Prior Lessees. Laws 1901, p. 7, granting to the United States the right to construct a ship canal connecting Lakes Union and Washington with Puget Sound through and ov