STATE LAND LAWS 57 



CLASSIFICATION. SEC. 59 



Earlier laws authorizing university regents to hold real property were re- 

 pealed by this and other general acts, and lands deeded to the regents under 

 such laws come within the classification of this section : State v. Hewitt Land 

 Co., 74 Wash. 577. 



State lands which are devoted to some particular governmental use are 

 thereby severed from the mass of public lands, and are not subject to sale or 

 other disposal in the manner provided for such lands generally : Opinions Att'y 

 Gen'l, Feb. 25, '13 ; April 1, '13. 



The state university site is not within the supervision of the Board of State 

 Land Commissioners : Callvert v. Winsor, 26 Wash. 368. 



TIDE AND SHORE LANDS GENERALLY : 



Tide lands upon which a boom company has located and filed a plat as pro- 

 vided by sec. 7110 et seq., Rem.-Bal., are not thereby severed from the mass of 

 the public lands, but are subject to sale as provided by law : Samish Boom Co. 

 v. Callvert, 27 Wash. 611. 



There is no conflict between this section and sec. 87, post, classifying tide 

 lands: Pearl Oyster Co. v. Heuston, 57 Wash. 533. 



A deed from the state of tide lands of the second class must be considered 

 as made after a finding of the land department as to the character of the land ; 

 and such a deed cannot be collaterally attacked upon a subsequent application to 

 purchase the same as oyster lands : Welsh v. Callvert, 34 Wash. 250. 



In the absence of fraud, the failure of the state oyster commission to include 

 tide lands in . an oyster reserve amounts to a finding that the same are not 

 oyster lands, and the state is concluded thereby after a sale of such lands : 

 State v. Heuston, 56 Wash. 268. 



One who purchases second-class shore lands from the state acquires no title 

 to an island which was omitted from the government survey and is connected 

 with the upland by a strip of such shore lands bared during low water stages : 

 Hauge v. Walton, 72 Wash. 554. 



An island formed by alluvion in navigable w T aters subsequent to the govern- 

 ment survey belongs to the state and is subject to sale, as are other public 

 lands : Opinions Att'y Gen'l, '05-'06, p. 386. 



TIDE AND SHORE LANDS NATURE OF THE TITLE : 



Under the assertion of title by sec. 1, art. XVII, constitution, the state owns 

 the tide and shore lands, up to the line of ordinary high water, except those 

 disclaimed by section 2 of said article, and has full power of disposition and 

 control thereof, restricted only by the state and national constitutions : Schively 

 v. Bowlby, 152 U. S. 1 ; Rose's Notes, Vol. 12, p. 156 ; Mann v. Tacoma Land 

 Co., 153 U. S. 273 ; Boer v. Moran Bros., 153 U. S. 287 ; McGilvra v. Ross, 215 

 U. S. 70 ; Index to Rose's Notes, Vol. 13, p. 691, "Lands Under Water" ; Cent. 

 Digest, Vol. 37, cols. 161-241, and Vol. 41, cols. 938-942; 2 Remington's Digest, 

 p. 2124, sec. 21 ; idem., p. 2404, sec. 84 ; idem., Vol. 4, p. 872, sec. 84 ; Eisen- 

 lach v. HatfteU, 2 Wash. 236 ; Pierce v. Kennedy, 2 Wash. 324 ; Baer v. Moran 

 Bros., 2 Wash. 608 ; State ex rel. Yesler v. Board, 2 Wash. 530 ; State ex rel. 

 Stimson Mill Co. v. Board, 4 Wash. 6 ; State ex rel. Col. & P. S. R. Co. v. 

 Board, 4 Wash. 816 ; Morse v. O'Connell, 7 Wash. 117 ; Allen v. Forrest, 8 Wash. 

 700 ; Lownsdale v. Grays Harbor Boom Co., 21 Wash. 542 ; Sullivan v. Callvert, 

 27 Wash. 600 ; McCue v. Bellingham Bay Water Co., 5 Wash. 156 ; Washougal 

 etc. Transp. Co. v. Dalles etc. Nav. Co., 27 Wash. 492 ; Kales v. Spokane Val. 

 Land etc. Co., 42 Wash. 43 ; Van Siclen v. Muir, 46 Wash. 38 ; Muir v. Johnson, 

 49 Wash. 66; Brace & Hergert Mill Co. v. State, 49 Wash. 326; Grays Harbor 

 Boom Co. v. Lownsdale, 54 Wash. 83 ; Gifford v. Norton, 54 Wash. 595 ; Palmer 

 v. Peterson, 56 Wash. 74 ; Hauge v. Walton, 72 Wash. 554 ; West Seattle v. 

 West Seattle Land etc. Co., 38 Wash. 539. 



The state's title to the beds and shores of navigable waters is in fee, to the 

 exclusion of all common law riparian or littoral rights : Muir v. Johnson, 49 



