State v. Hewitt Land Co.

Citations

• 74 Wash. 573
• 134 P. 474
• 1913 Wash. LEXIS 2095

Syllabus

<p>Colleges and Universities — Lands — Disposal — Powers of Regents — Statutes—Implied Repeal. Laws 1862-63, p. 477, incorporating the board of regents of the university, in so far as it empowers the regents as a body corporate to hold and acquire real estate, is a mere definition of the powers of the board of regents, and is impliedly repealed by the whole course and tenor of subsequent repugnant legislation accomplishing a unified system of control of all public lands, whereby the state board of land commissioners is given full supervision and control and power of disposition of all public lands now or hereafter owned by the state and not appropriated by law to any specific public use (Laws 1893, p. 387, § 5; Laws, 1895, p. 527; Laws 1897, p. 229; and Rem. & Bal. Code, §§ 4316-4330); especially in view of the fact that the later acts defined the duties of the board of regents with great particularity, without including the power to hold real estate; the regents being mere agents of the state with no vested rights in the subject-matter of their agency.</p> <p>Public Lands — University Lands — Private Deeds to State — Power of Disposal — Statutes—Construction. Lands deeded to the territorial board of regents of the university are “public lands” within the constitution and laws of the state, empowering the state hoard of land commissioners to dispose of the same; in view of the comprehensive acts of 1893, p. 387, authorizing the first land commission to dispose of all public lands granted to the state . . . for university and all other educational purposes not appropriated to any specific public use, and Laws 1895, p. 527, § 1, including therein all lands acquired by deed of sale or gift; and Laws 1895, p. 107, § 1, creating a university fund to be derived from the proceeds of all granted lands and all lands acquired by the university by purchase or donation.</p> <p>Colleges and Universities — Lands—Power oe Disrosal — Statutes — Construction. No provision of law hav