State v. Savidge
| Decision Date | 13 February 1925 |
| Docket Number | 19040. |
| Citation | 132 Wash. 631,233 P. 946 |
| Court | Washington Supreme Court |
| Parties | STATE ex rel. GARBER v. SAVIDGE, State Com'r of Public Lands. |
Department 2.
Original proceedings in mandamus by the State of Washington, on the relation of B. A. Garber against Clark V. Savidge, as State Commissioner of Public Lands, to compel issuance of petroleum and natural gas lease. Writ denied.
E. E Boner, of Aberdeen, for plaintiff.
John H Dunbar and Mark H. Wight, both of Olympia, for defendant.
The application for a writ of mandate asserts that the relator is a person qualifled to receive a lease of state lands and that the state is the owner and holder of the S.E. 1/4 of the S.W 1/4 of section 36, township 18 north, range 10 W., W. M., which is that is commonly known as school land that the Legislature of the state, by statute, has authorized the defendant and made it his duty, as commissioner of public lands, to execute leases for the extraction of petroleum and natural gas from state lands, these acts appearing as Laws 1901, c. 106 ; that the relator, in October, 1924, having by geological survey discovered that the quarter section referred to is adapted for the production of petroleum and natural gas, and desiring to obtain from the defendant a natural gas lease for the purpose of producing petroleum and natural gas, made application to the defendant that he issue such a lease, but that the defendant refuses the application, for the reason that the Legislature in the session of 1917 passed chapter 46, which provided that the property here in question should be leased for public park and boulevard purposes, and should not be sold or leased, except as in that act provided, and that the defendant's refusal is also based on the acts of the Legislature in the session of 1921, appearing as chapter 149, which appears in the Code as section 10941-10951, inclusive, as amended by the Legislature in 1923, by chapter 157, which is an amendment to sections 10942 and 10943, Rem. Comp. Stats.; these two chapters providing that these state lands might be withdrawn from sale and turned over to the board of park commissioners, who shall have the charge, care, control, and supervision thereof. The relator then claims that none of the acts upon which the defendant relies are constitutional, and asks that the defendant be compelled to issue to him a petroleum and natural gas lease upon the lands described.
The defendant first objects to the court entertaining jurisdiction of the action and asks that the relator be relegated to his remedy in the superior court, relying upon the cases of State ex rel. Ottesen v. Clausen, 124 Wash. 389, 214 P. 635; In re Emch, 124 Wash. 401, 214 P. 1043; In re Peter Miller, 129 Wash. 538, 225 P. 429. But as we view it, this is one of those cases of which this court will take cognizance, as it involves the validity and constitutionality of statutes and relates to important public rights.
The land which the relator desires to lease is within a section numbered 36, and for that reason is 'school land,' which is land acquired from the federal government by grant at the time of statehood. The state Constitution refers to such land in article 9, § 3, which provides for the creation of a common school fund, which shall remain permanent and irreducible, to be derived from several sources, among which are school lands, whether by their sale or lease, and providing that revenue derived from lands conveyed to the common school fund shall be exclusively applied to the common schools. Sections 1-5 of article 16 of the Constitution relate to school and granted lands and establish a trust in such land, saying that all public lands granted to the state are held in trust for all the people and none of such lands nor any interest therein shall be disposed of, except in the manner provided in the Constitution. The Legislature in its session of 1901 passed chapter 106 (Rem. Comp. Stat. 8028 et seq.), which gives authority to the commissioner of public lands to lease school lands for the purpose of mining and extracting petroleum and gas. It has been held that under that act the commissioner of public lands, upon application by a properly qualified person, has no discretion, but must issue such lease. State ex rel. Pindall v. Ross, 55 Wash. 244, 164 P. 216; State ex rel. Hall v. Savidge, 93 Wash. 676, 161 P. 471; State ex rel. McKee v. Savidge, 108 Wash. 292, 183 P. 111; State ex rel. Stetson v. Savidge,
110 Wash. 618, 188 P. 923. And were this case unaffected by any other legislation the relator would be entitled to his peremptory writ of mandate.
But we find that the question has been affected by other legislation. In 1912 the Congress of the United States, on April 24, enacted a law appearing as 37 Stats. at Large, p. 90, c. 89, which provides that the quarter section here in controversy may be leased for public park purposes, under such rules and regulations and upon such terms as the state Legislature may fix, 'anything in the enabling act of said state to the contrary notwithstanding.' As we view it, this federal legislation has no bearing on the question before us, which is to be determined by reference to the state Constitution, where the trust in the school lands is established, and where its terms are set out. Whether the acts which are about to be referred to violate the Constitution is the question which confronts us.
The Legislature in 1917 passed chapter 46, which refers to the quarter section here in controversy, and authorizes the commissioner of public lands to lease it for a public park and boulevard upon such terms as he may deem proper, and that during the term of the lease the land should be used only for public park and boulevard purposes; that the amount of the lease and the amount to be paid for all timber which it might be necessary or feasible to cut in order to use the land for park purposes should be...
To continue reading
Request your trial
-
United States v. 111.2 ACRES OF LAND, MORE OF LESS IN FERRY COUNTY, WASH.
...Constitution. That court has never faced the problem posed by this case. But an inference can be drawn from State ex rel. Garber v. Savidge, 132 Wash. 631, 233 P. 946 (1925) to support this Court's construction. The relator sought a writ of mandamus compelling the commissioner of public lan......