The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-04-28
STATE CONSTITUTIONS.


Al srresneSbie fund TO be applied % the
support Of the destinations Of learning en-
t1fisd 10 receive shem.
Tie lars.s. 90 called. or iAn1s sItef-
rasely coversd and ixid hsre By the ebb
sra.i tsex Of the tie, s.and upon dinerenf
fpotlnx. As has been said. these sxnts, 50
fs< - they psss 20 tbs state. become iss
property, Dot b. express grant. bat By irsp H.
esfion. The extent Of the riSnts SEQ aired
By the state are not 6etned. nor are the
purposes for which the lands or the pre-
eeesss Of tBs lands are 10 be applied. ena-
rn<rsted. The extent ard value OF these
.arsas. the widely DIVERSE conditions sur
rounding them. and the clxims OF inds-
vidsass regarding shem combine TO make
che question u their disposition one OF
grave importance, Hom far the stste.
/ under the lays. WI have the right 70 as-
sert tn cisln 10 Land that Is below
the high water marx IL BIZ no means well
settled THIS depends u, q great extent
| npon the Interpretation tlssf il given 10 the
doctrine Of riparian rights. Q doctrine
which 10 perhaps ~ Intricate and - din
cult Of INTERPRETATION Is arg in tie whole
domain OF iarispruisnes. To define the
right IL easy. bot 20 apply IL to the almost
Infinite combinations Of conditions that
arlse ID mos difsienit whether the state
viii have The power to cs,nGscafs the en-
/ tire water fTont 81 city feiow high wafer
/ mark or the government meAnder iiue, or
even 10 build sea wan outside OF such
water front. aud - usonopolize dockage
| fxciiities. 10 the exclusion Of shore owners
| 10 . SCI eus question. And en- even more
serious aues ION IL whether the state. IL IL
| possessed tbs power, wsnld be morally
justified in exercising IL rs sxsinss indl-
vidukls who possessed what have always
been considered vested rights Of property
| therein. Aside. moreover. from the ques
tons arising as 70 tho wster front, those
regarding the tide fats proper. To-
eatedin bays or iniess. and not Immediately
contiguous 10 deep wster. are by no means
| unlmportanf, while the title 10 these
lands II more clearly in the state uuem-
baFrasssd by any legitimate claims Of
the owners OF the shore. the question Of
other rights that may exist with reference
10 them should be considered. Lands Of
this nature lying adjacent TO . city are. -
| . ruie. very desirable FOR mercantile and
manufacturing purposes. In soEe cases.
indeed. they have been found 70 b. the
only lands available So long, how.
ever, ~ the title to such
lands remained In the United States in
trust for state not yet created, they must
either have remained In m unimproved
condition and % formed barrier 70 the
growth Of city. or else they must have
been taken possession Of by individuals
and improved under no right except that
| which arises from occupation and Inn
proycment The Necessities Of city like
those OF an individual oftentimes excuse
extraordinary steps. In cases of the kind
referred 10 Il Ii at least questionable
whether such an occupation should be
deemed . mere trespass conferirg no
claim to consideration upon the party
making st. IL may be granted that the
state has the power. BY reason OF its title
10 the lands. 10 confscate not only the
lands themselves. but the improvements
maize thereon; but might does not always
/ make right. aud IL would be difficult 70
establish the justice or even the wisdom Of
such . step. The state clearly has the
riRh, 30 the value Of sucs lanes In their
enimproved condition. aud II II obtains
tina; II has no ground for complaint. We
may even 80 q step further, and admit
the land but The land itself, and desired II
/ fer legitimate puhlis purpose, II weu'fl
10 iusiificd in taking Ia. but II if did take
II and Old not allow TO the men who had
made valuable improvements thereon for
legitimate business purposes and not mere
~ for purposes of speculation fair valua.
ton for their improvements. IL would be
/ doing an act the justice OF which would be,
TO ssy the least. questionable
But 10 ioak a. the question from the
othsr side. 10 Il Just ss necessary 10 guard
| the rights OF the state ss those OF sndivid-
usis II The state Is entitled to the water
front OF the entire Sound, free from all
eisima by the owners of the shore, By all
means let it assert these rights. but let Il
ASSERT them with the deliheration that the
gravity OF The stsp dee ryss. II fha owner
ship of the tide Oats. properly socalied. is
In the stale. undoubtedly the state should
either have the Oats themselves or their
fair Waite. II & IL for the interest OF the
state and the cities that are part OF Il to
have the tice fats remain PERSONALLY the
property of the state, TO b, leased or al.
lowed even 20 remain In their natural con-
dition. that II course which may be par
sued. One thing. however. Il certain, that
in whatever way the question 10 settled. Ii
should b. settled only after due delibcra-
ton and q careful investigation OF The
rights and vested Interests Involved Any
attempt by The constitutions convention
10 settle the = after orc way or the other
oGce and for sll sirae would doubtless be
productive either of less 10 the state or in.
justice to Individuals II the convention.
however. were 20 provide 10 the constitu-
lion for The appointment OF commission
by tho legislature to thoroughly invest.
gate the subject In all It's aspects. legal aud
material. aud leave the insl settlement of
the question VITA the legislature. there can
be 20 doubt but that more satisfactory re-
suits weu'd be sstained. The les isls tase
Is In every way IS representative bod Y a.
. consti mtionsi convention. aud no rrore
subject 80 corrupt fnfnencss And, what
- more 10 the roius. Il IA the proper sri-
hnnsl 10 q Al with 50 bread sad intricate
question a. shis
The euestioa Of internal improvements
and the encouragement Of immigration
are touched upon Ia the consslsa.
sien oniy ia very limited number OF
states, aud then only In general way
RcSardiag ths organization ei the mslffsa.
the appointment N election of militia
ofriecss. and the liabilities and privileges
Of the members. The state eoss,lsasions ss
rnls coataia explicit rsevtssons The
ustsrc OF these provisions IL Is hardly
necessary 70 dwell upon further than 10
say that the power OF Organizing and
eSnsppsng The militia 10 delegated 20 The
Legislators.
II 10 Of eonrse, necessary thai every con
tfisasioa shaaia provide for the Eower al
amendment The prosisious upon this
rosgs vary 81 the eiTsssss states. The
constitution Of Oregon creAias that "Any
amendment OF ssssnarns nts % tins ecasss-
tusson n ar be proposed In either branch os
the legislative assembly, aud IL the same
sasil be agreed 20 by msiesfty Of sil the
msaasrs elected 10 each of the two hcnsss.
sneh proposed amendment % amendments
shall wsth TIE yeas and uass therrcn. DC
entered on their isnrnsis sna referred Ia
be segis alive assembly 70 b. chosen ~
the uest geasrai eiecsssn. Ana n. sn she
legislative assembly 50 next ehoser. surA
proposed sae1amsas ~ szaeasamenss
shall pc ssr~ess 20 By . zsstarity es al TIE
ussrsA srs s'exse6 ~ zach heszSe. then 81
shall Ne the duty Of the legislative xss "a
nly - ssAnft surh smen6utesef % ssasass-
nseass - the siersers - The stats. sazi esas~
sax s.Eas ~ ~ peassshea wsshpas seiay a
least fear consecutive weeks IN sAe several
newspapers faestsec6 ia "a. sfs's. and n
usssestty q ssls eseesoxs shsas . ~ tie
SANE. saeA szaeaanssnf CT amendments
sAssg tsSzssse q psfs az this s1asslxmss0a.
II swc Of ssese sssz a<asaeats u All - SAB
7ssset Is saeA EsnasF sAsa sas ssext.ss
sasll vssss ksr * sxszuss xsea Of sacA