The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-08-04

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ing 70 - tnatvt!1al- sce 0WneK g - i.
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00u34 - 10y sve = ~. 4 ! 49, -
Gould an Wn1efs. p =, snd go.
cited. -. He - - eA.v q
dGSt - tandtnk On n!e Daak sea en-
begk1ng 0erefro9 0oaau On
WaeeS1- pp- l445
HIS common Law rights are sslrh 3
70 pspciude sny dxe4 boasdafy g a.
ln1d ahuttfng upon the - shore. =
such wouId interfere with the Well
susajed IsW 81 accrce1ons. ESTATES
Bordering upon uaytkAofe waters Cften
derive . GTeaf part Of their vaiue rom
Dist circumstance, and the f1Perfnn
owners, II deprived Of the oenens O
that situation b. extraneous ssiastions
would surfer hzFsiahip ana in1nss11s
even when thev obtained the fuh PRO
portion Of the land uenAuYea ~ TINS
surface. land formed ~ aI!uvfon'
or the gradual and fwpefcerlinae &c.
erection from the wafer. ana isna
gained By reelection. Or the gradual and
impcrceptfhIe recession OF the water,
belong 10 the owner Of the contagious
lard To which the addition = made
fGouid on Waters. sec. l55. PIP. 80 !.
and cases there cited.
s.Buf . literal proprietor. IKE :
riparian proprietor. has right 70 uie
water frontage Belonging ~ nature 70
his land. although the only prarnea'
advantage OF IL may consist IN the &C
cess thereby afforded him % The
water, for the purpose Of using the
right Of navigation. This right OF &C
cess IL his only. and exists by virtue
and in respect 70 his riparian prop
erty. II Is distinct from the public
right Of navigation. and an Interrupt
ton Of IL Il an encroachment upon .
private right. whether caused by .
public or authorized by the legislature.
This riparian night il property. and IL
valuable. and though IL must be en-
ioyed In due subsection to fiae rights
Of the public. IL cannot be arbitrarily
or capriciousIy destroyed or impaired
IL 10 . right OF which. when once
vested, the owner can only be deprived
In accordance with established law,
and II necessary that Ii be taken Tor
the pubic goof. upon due compensa-
ton" fGorld on Waters. sec. 49, PIP.
III, rs, TO-
IL has been urged that because the
Zee Of the bank owner stops at high
tide mark on the sea shore that all his
interests stop there. TREE, he has no
lee In the shore; he could not plat or
sell IL, and II he attempted to do SO II
would be fraud and nudity; but ~
all his riparian and httoral rights de-
pend entirely on his title to the land
the shore. that circum-
stance of his not owning the shore,
can ut no time make any difference
with his rights 20 the highway and
waters in front Of his premises. III he
buys the fee in the shore he takes II
subject 70 the public rights: II the
state sell to other than the bank owner
they take the fee subject 10 the pubic
rights and the private rights OF the
bank owner. because the state cannot
seil the public right Of navigation or
right OF wharfage.
In recent valuable work entitled
Lewis on Eminent Domain" pub
lished In lss5, par. 7s and 70. speaking
Of the rights OF bank owners. says:
The opposite conclusion has been
by a narrow and technical
course OF reasoning based upon the
TACT that tho title OF the soil Is in the
state or public. II Is assumed that
this title gives the state the same abso-
lutte and exclusive control OF the waters
and their bed rs an individual pos
sesses over his private property. The
state holds the title to the public
waters IS trustee. merely for the
use OF the public In common. True.
the title Is In the state. but then II Is
only In the state by the declaration OF
courts and then only as trustee for
the oenefit OF the public IN common,
the riparian owners. And.
looking further, 1t Is seen that the III
pAfian owner IN addition TO rights
wnich he shares IN common with
others. has other rights or privileges
which are peculiar to himself. such as
the right to accrefions, the right OF
wharfage. the right OF access To and
from bis lot, and the like, which de-
stroy all analogy To The case OF adloin-
ing proprie'ors.
we have endeavored to show to
some extent the legal and equitable
status oil Tue bank owner, we have
NOT claimed any rights or possessions
taken nnder cover OF the darkness of
The night or rights OF property gained
and held al the point OF the revolver
and shotgun, or through false and fic-
tisions titles. based on fraudulent plat
ing. we do not claim that structures and
distractions placed and maintained
on a public highway in defiance and
violation Of law are valuable improve
mentS
What are nuisances? Defining
W. T. Code. sec. |, 2s5.
Nuisance consists in unlawfully
doing an act, or emitting 70 perform q
duty. which act or commission either