Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1883-06-26

ree1rre0ted and sought to b eufoeupd.
The only person Who In sny aspsct of
sne oase could BE- heard against the
night of the city to the land in Dispute,
u Mckinley, the upland prupgiotor,
VINO under other circumstances might
claim the right 10 erect a wharf on his
own land and extend the wharf to deep
water. Bot he Is understood to have
aoquiesced in the right of the city to
claim the land ~ part of King street;
Ia tact, by lease to George Newell, of
June "a, lS52. he expressly recognized
the existence Of King street by renting
the boiler shop and the spaos between
said building and King street. These
various acts In pals, AZ ADORE stated,
would raise an estoppel preciuding all
parties from resisting the claim of the
city. IL makes no difference whether Nay
nafd did or did not include in his plat
this land Ia dispute. The abandonmsnt
OF this land for 30 many years 10 the
free and apparent rightful uss Of the
public, OF itself would under the cir
cumstanees, even estop the fiQhtful pro-
pr1otors from reasserting their owner
ship. Hence evidence Of express dedi.
cation is Of little consequences. He Who
induoes the public TO believe his land q
gift, or knowingly permits them - use
Or treat il as their own until they have
50 accustomed themselves, and adjusted
their property and accommodated their
business to it that they cannot without
detriment be dispossessed, confers Q
right which he can no moro resume
without wrong than he can Eightfuily
seize what was acquired otherwise than
by gift.
In the case of Gamble W. Sc. Louis.
18th Missouri, 627, one who had left
open an alley through his ground for
his private use, and allowed the public
Also to use il, and treat it as street for
two years without objection, was held |
to have dedicated it to the use Of the |
public az q highway, and was denied |
the right to reassert his title. No par
ticular length of time is necessary to e. |
tabllsh an abandonment Of land 70 the |
public. II Ia sufficient il il be used BY the |
public With the assent of the owner for /
such time that An interruption would be
An injury-each case depending on its
own circumstances. Cincinnati VI.
White. 6 Peters, 43l.
have deemed it proper to acquaint
you thus fully with all the facts in the
'ase, and also to give you my views as
m officer OF the city government, inter-
'sted in part with the Legislative and
corporate powers of the city.
II ID for you to say whether the city
s1ll relinquish its claims to the land in
dispute, or whether the case now pend
ng against Mr.. Plummer shall be pro-
ecuted or other proceedings instituted
or the assertion and maintenance of
be oity's rights. l.
Other arrests we're made of persons
IidinR and abettinR Mr.. Plummer in
he forcible entry and detainer of the
ract in dispute, but we're discontinued
i my instance, as they were likely TO
cad to scenes of disorder, breaches of
be public peace, turbulent demonsta-
ions and personal violence.
l would also suggest to you the pro-
riety OF exercising the powers of the
'ity under section Is of the amendatory
'harter Of 1877, hereinbefore cited. Tho
building of wharyes, piers and landing
places ought to be regulated and encour-
Iged IN every legitimate way, in the in
crest OF manufactures, commerce and
But the forcible taking of
aads under tide waters for speculative
purposes, without license from the pub
10 and without the consent of riparian
'roprietors. should be strongly dis
Very respectfully,
II. g. STRIVE. Mayor.