Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1883-06-26
ssxrfAl MESSAGE FxeM tn.
uAtOg RELATING TO TnE ClAlM
AZ TINE CITY 70 KING STREET.
OrY1cE OF THE MAJOR OF THE I,
CfrY OF SEATTLE.


CfrY OF SEATTLE.
June 18th, 1883. =
To the Common Council Of the Cit
- seattle - Gentlemen Daring tn
s;oh, OF the 2lst instant one Georg
PInm mer entered upon land adjoinin,
,hs east side of Commercial street an,
the south boundary OF lots s. aud {
block ), Maynard's plat Of Seattle. Th'
isnd ., entered upon Is strip Of aoou
i90 feet in length and "a feet In width
ana is a parf of what has been clsime<
be the cits for many years As publ,
street. known "a King street.
With the aid OF considerable fore,
Of artizans, Mr. Plummer during mid
NIGHT constructed fence around thi,
strip. completely enclosing IL, ane
erected building previously framed
thsroop, and has ever since held posses
siop OF building and land.
The foregoing fscts having been re-
norfed 30 me, I deemed il my duty &c
Immediately cause the arrest Of Mr.
PIummsr on n charge of obstrustina a
uublic highway. which charge il nov
lending before Mr.. Justice Cam, and
vilI probably be submitted and decided
within few days.
Since the arrest / have investigated
the status of the land in controversy
and the respective claims of the CITY
and Mr.. Plummer thereto, with a view
OF communicating the sane TO you, 90
that ,ou, az qua. dams of the city, NAV
iudQo of their merits, and take such &C
ton as may be deemed advisable.
On April Sd, 1852, ID. s. Maynard, be-
inc then q white male citizen of the
United States and resident Of the Ter
ritory, became settler upon that part
Of the public domain afterwards known
o. Msynard's Donation claim, bounding
on ths shore of Elliott's Bay. and en-
brsoing portion of the present cOrpor-
sts limits Of Seattle. He notified upon
tue same a. required by the Donation
law, and continued his residence and
cultivation of said claim. and in all
other respects complied with tho con-
ditions and provisions of said Act, 90 as
70 become entitled to said donation and
a patent on April Sd, 1856, and on the
18th day Of December, 1876, a pateut
was duly issued to said Maynard.
On the I'D day Of May, 1853, and be-
fore Maynard Was equitably entitled TO
patent he caused to be filed in the
Auditors Office Of King county plat Of
\ portion of said donation claim, which
plat Ia known ~ NJ wards plat of the
town OF Seattle. This plat lays off a
large number of blocks, lots, streets and
Alleys. King street, as marked thereon,
runs from the west side Of South Fourth
street distance of eight blocks until il
reaches the unplatted iand Of the Terry
estate. This plat, although imperfect
in It's execution and made at time
when Maynard had no legal or equita-
Bile title, has by his subsequent recog-
nit on and adoption become valid
dedication of the streets and alleys
lhsrein described. No street whatever
appears ON this plat south of said lots 6,
aud &, block = The land in contro-
versy lies below ordinary high water
mark. and has always been 80 situate
according 10 the statements of many
Darly residents whose vcracity cannot
b questioned. Whether or not any
portion of the land in controversy IL
in Msynard's patent / have
been unable to learn, as the patent has
never been recorded bot Is withheld
from inspection by private parties.
Whether the land il so included in the
patent Of Maynard or not becomes i'm
AZ the prevailing doctrine we'll
settled by the supreme Court OF the
United states precludes the government
from conveying lands between high and
low water ON the sea shore where the
tide Gibbs and fows.
Mayor of Mobile Va. Eslava, 10th
Peters, 2l8, per Catron, j. Human
~. Warren, 6 Oregon, 40.
The strip Of land in controversy has
nsvcr heen occupied for any purpose,
excepting that about two years since
the Puget Sound and Columbia River
Railroad Company by sufference Of the
city has driven piles thereon and capped
the same with stringers and made IL
ready for planking. These piles and
strinQcrs were taken possession of by
Mr.. Piummer on the night of the 2ist
inst. and up n them he raised his struct-
ure.
Mr.. Plummer before this time has
never bcen m actual possession VI any
part of the land and HIS never paid
any taxes thereon.
Tho land has never been listed Tor
taxation by the city, but for taxing pur
poses has always been treated by the
,ity N public property. So far as can
earn no taxes have ever been levied
thereon except q special school tax for
1870, which became delinquent and was
odd by Edgar Bryan, Esq, School Clerk,
Tor el3.73, TO j. w. Sweeney, on April
J, 1871, who now holds his certificate of
purchase for the same, duly recorded.
On the south side of the street In con-
'roversy, and between IL and the navig-
lble waters Of the bay. the railroad
company has taken possession of por-
ion Of the land, for the purpose of op-
rating lis railroad. Still further south
he Hall d Paulson Manufacturing
Company has its mill, shops, wharf and
boom.
These companies have hold peaceful
md uninterrupted possession for many
Pears under an implied license from the
lublic, and without any protest from
hs proprietor Of the upland adjacent TO
he shore. l believe the foregoing to
all the salient facts necessary
o b stated for clear understanding
u the situation Of the tract In contro-
'erey.
So far a. my limited time and oppor-
unity has permitted me, have investi-
loeou tu0 Ctattu4 VI Akks u0OEk0 tutu-
ner b the land In dispute. The ooun-
y Who represent him inform me that
he sole claim ID predicated upon deed
Ixecutcd by D. 8. Maynard and wife TO
Aimself, dated February 10, 1862, where
y the grantors convey to Plummer all
hair right. title or interest In or TO land
lfontine lots 8, 7 and 8, block 8, in the
lovn OF Seattle, TO low water mark, east
y Commercial street and south Of said
!ota In this deed the certificate of ao-
knovledgment 10 not signed by any
aoaoer. This description includes the
Whole tract in dispute, a. well a. that
I'D and occupied by the railroad COM
pany. Il u not claimed that Plummer
.vee went into possession under this
I'D; neither was e entitled 70 record
% account Of said defect In acknowl-
sdamenk On the 18th day Of Septem-
Pr. 1855, Mr.. Plummcr conveyed bv his
oeed the l.nd ~ above described TO
Alien b Pray. who, % far a. the record
oleoioeee, has not undertaken 70 convey
ehe aame.
:, II b claimed, however. that Mr.. Pray
sied without issue, and that since his
seaeh Mr.. Plummer has obtained q re-
oeeveyanoe from Mr.. Pays widow.
caioh has not been placed on record.
- The same day that Piummer received
- deed from Maynard, she latter and
sue also executed another deed 10
THINNER, conveying TO him the said
- s, Z, and 3, in block 5, adjacent to
n strip In dispute, whereby Piummer