State v. Whitney

Citations

• 66 Wash. 473
• 120 P. 116
• 1912 Wash. LEXIS 791

Syllabus

<p>Public Lands — School Lands — Federal Grant — Construction— Grant in Praesenti or Futuro. The Federal grant to tbe state of school sections 16 and 36, by 25 Stat. at L. 676, §§ 10 and 11, whereby the land was “hereby granted” to the state, was a grant in praesenti, vesting title in the state, although the land was unsurveyed, in view of the provision of § 11 that such land shall not be subject to preemption, homestead, or any other entry, whether surveyed or unsurveyed, but shall be reserved for school purposes only.</p> <p>Same — School Lands — Grants—Withdrawal from Entry — Statutes — Implied Repeal — General Act Repealed by Special Act. The amendment of the general act of 1859, 11 Stat. at L. 385, which provided that school sections 16 and 36 shall be subject to the homestead or preemption claims of settlers where settlements have been or shall hereafter be made before survey of the lands in the field, by the act of 1891, 26 Stat. at L. 796, which added the provision for lieu sections by the states or territories, of other lands of equal acreage when such settlements have been or shall hereafter be made before the survey in the field, did not have the effect of impliedly repealing the special act of 1889, 25 Stat. at L. 676, granting in praesenti to the states of North and South Dakota, Montana, and Washington, school sections 16 and 36, and providing that the same shall not be subject to any entry whether surveyed or unsurveyed; as repeals by implication are not favored, and a special act will not be held to be impliedly repealed by a general law on the same subject, unless the intent to repeal is clearly manifest.</p> <p>Public Lands — School Lands — Grant to State — Compact with States — Effect of Subsequent Act. The grant to the states of North and South Dakota, Montana and Washington, of school sections 16 and 36, with the special provision that the same shall not be subject to any entry whether surveyed or unsurveyed, was a compact with the states that c