CONSTITUTION 19 



SCHOOLS TERRITORIAL LAWS. ARTS. XXVI-XXVII 



This extends to tide lands within the limits of an Indian reservation and 

 allotted in severalty before the admission of the state : Jones v. Callvert, 32 

 Wash. 610. 



And to tide lands included within the definite description of an Indian reserva- 

 tion (Swinomish) which were allotted in severalty after statehood, to which 

 the Indian title had never been extinguished : Corrigan v. Brown, 169 Fed. 477. 



The whole of Squaxin Island having been reserved for use and occupied by 

 the Indians prior to statehood, the state has no power to sell any part of the 

 shores thereof: U. 8. v. O'Brien^ 170 Fed. 508. 



Although tide lands were at one time included within the Puyallup Indian 

 reservation by executive order, the Indian title was extinguished when the 

 reservation was surveyed into meandered lots, excluding the tide lands, and pat- 

 ented to individual members of the tribe : U. 8. v. Ashton, 170 Fed. 509. 



ART. XXVI, SEC. 4. PUBLIC SCHOOLS TO BE MAINTAINED. 



Provision shall be made for the establishment and maintenance 

 of systems of public schools free from sectarian control, and 

 which shall be open to all the children of the state. 



See Art. IX, sec. 1, supra, and Art. XIII, sec. 1, Const. 



ART. XXVII, SEC. 2. TERRITORIAL LAWS AND GRANTS. 



All laws now in force in the territory of Washington, which 

 are not repugnant to this constitution, shall remain in force 

 until they expire by their own limitation, or are altered or re- 

 pealed by the Legislature: Provided, That this section shall 

 not be so construed as to validate any act of the Legislature of 

 Washington Territory granting shore or tide lands to any per- 

 son, company, or any municipal or private corporation. 



Abutting owner's license to build wharves on tide lands: Laws, 

 sec. 236, post. 



Cited: 2 Wash. 258; 4 Wash. 26; 8 Wash. 472; 11 Wash. 233; 13 Wash. 

 362; 22 Wash. 548; 28 Wash. 498; 14 Wash. 310; 22 Wash. 132; 43 Wash. 

 182 ; 47 Wash. 206 ; 51 Wash. 56 ; 179 Fed. 181 ; 198 U. S. 473. 



