The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-12-02
A NEW HARBOR LINE.
What the Chamber Of Commerce
Proposes.
WIDER CHANNEL THROUGH FLATS
The strip Suggested is From Fifty to
One Hundred and Fifty Feet Fur
Their Out than Original One.

feet further out in the bay. This strip
goes through most though not all OF the
pieces OF property in the commissions
strip, though 1t takes less of that property.
The feature OF the proposed strip is
waterway 1000 feet wide through the fats
to the mouth OF the Duwamish. West
Seattle is not touched by the strip.
The various harbor line committees
made reports.
The first, the legal report, was read by
Judge ]. r. Lewis. He said that Mr. w.
r. Andrews, the third member OF the COM
mittee, approved the report, but had not
been present during the afternoon to sign
IL. 1t was as follows:
This commission was created by the legis'
isture under the provisions Of Ar;ice XIV OF toe
state constitution, which provides tnst COM
mission shall be provided ''wBose duty II shall
be 70 locate and establish harbor lines in the
navigabie waters OF all harbors, bays, estuar es
and inlets in this sta,e wherever sucn navigaole
waters lie within or in trout OF the corporate
limits of any city, or within one mile thereof
upon either side. And the state shall not sell,
give CT lease any rights whatever In said waters
beyond such outer haroor line, nor shall any of
the area lying between any such liae aad the
line of ordinary high tide and within not less
than fifty nor more than 600 feet Of such line, as
the commission may determine, De sold or
granted by the state. its right to control the
same reiinquished but such area shall be for
ever reserved for landings, wharves, streets and
other convenlences OF navigation and CON-
merce"
The legislature shall provide b. general laws
for the leasing of the night to build wnarves,
docks. and other structures upon said area, but
no lease shall "be made for any term longer
than thirty years. and the legislature may pro-
via for fa15t<
docks, aud other structures"
Cities may extend their streets over interview
ing tide lands 10 and across the area reserved.
That IN is constitution soovs quoted the state
has thus lar declared its policy touching the
harbors and harbor lines in the uavigable waters
in, IN front of aud on either side of the city TO.
distance oi one mile to-wil: Its right 10 con-
troll the harbor line shall not be relinquished.
and the area shall be reserved Tor landings
wharves. streets and other eonveniences of nav
igation.
The legislature shall make provisions for leas-
ing. and may make provisions for building on
such area, for the purposes for which 10 is re-
servef. Whether The state will build and own
wharves aud warehouses is an open question to
te decided By the legislature.
This Article XIV must be considered together
with the whole constitution. BY the provisions
OF Article XVII the state asserts title to 1.-The
beds and chores of all navigable waters up to
the line of high tide where the tide GIBBS and
flows, and up 10 the line of ordinary high water
within the banks Of nsvigsble rivers and lakes"
but this snail rot dehar any person from assert
ing his CT aim 70 vested rights in. the courts of
the state The state disclai all title to all tide
lands patented ~ the United States hence has
waived all claim to tide lands within the limits
Of any patent Issued by tie United States.
This commission is restricted in its powers by
the following provisions OF the constitution, to-
wit:
mo existing rights shall be affected" Article
XVII, section /; mo private property shall be
taken for puDlic use without jast compensa-
tion," Article ], Section 16.
And in the creation of this commission the
legislation could not and did not trench upon
the judicial department., which cannot be de-
prived OF the authority TO adjadge and deter
mine all judicial questions.
The line of hign tide as stated in the consti-
tuition must be neld to refer to such line az ii
existed at the date of the admission OF the state
into the Union. 1t Is not stated in the cous,i-
tuition what power shall exercise the right to
determine and locate on the harbor line the
streets. necessary for the convenience of com
merce. AS we have seen. special power is given
TO cities 10 extend their streets TO aud across
tAls line. Inc legislature, doubt SIS the
supreme power in the state, has this power
There has been the following legislation
touching the location of streets on and along
the water front BY the act OF February "a
ls90, session laws. page 7S3 Ii is provided 'thst
ali streets in any incorporated city extending
from nigh tide into nayi cable wa ers OF the
state tie and are declared public highways, and
shall be under the control OF the corporate au.
thorities OF the respective cities. 'Such streets
wherever located within the city limits come
Within the provisions of this act. And by the
provisions Of the general law proyid-
Ing for the organization of cities OF
20 % population, section S, sno-d vision ST.
power Is gwen to the city 10 extend its streets
over anu across sny tiae lands within its limits
and aiong ana across the harbor areas of the
city in such manner Will best promote the
Interests of commerce. Such grant of mower
was rghtiuy given 10 The city, and in forming
It's chatter, under which the city is orgautzad
the city exercised this power. la Article XXI of
the cha5ter tbe streets estaoli shed across aud
ong the water front are stated in detail. and
these streets were so established under this
grant OF power to the city by the legislature
and, 20 DOUBT, are Lawful ly es aelished, and are
public highways under the control of the civ
In tue absence of legislation by the territory
or state. among the rights of a riparian pro-
prietor ARE seeess 10 the nsvigable part of the
waters irom the front OF his isnd, the right 10
make landing, wharf or pier from the foot of
his and for the use of the puulic subiec. IN
sueh general regulations as the legislature nav
sse proper 10 impose Tor the prot elton OF the
pubic Ia accord with this view the leg g.
tature OF the state, a, its FIRST session sets of
1894, page So. authorized persons owning land
ea!onlng the stashOre TO erect whsryes on
tneir lands, and 70 extend them into the sea as
tae e9hYeaience 81 commerce should require
This statute yet remains in force. Under suen
statutory and general right. many rsous
oWnlag lAn1s alio Mug the sessaore, ana de.
giving title from u land propsietors. have built
wharves and warehouses along the
water iroat of the city, and expended
large sums of money In so doing, for he
convenience OF commerce and navigstiou. This
riparian rlsht as Is SAID 10y the supreme cou-f of
the United states, rs property and Is vaiuable
and though II must be eni yed in due sur / soti n
10 the rights of the Tuolic II eanuo; De srbitra.
ri!y or capriciousy destroyed or impaired. II
Is Flght O. which, once vested. the owner can
cniE be deprived IN accordance with established
law, and, u necessary that IL be taken for The
puohc GOOD, upon Que compensation" Not only
this night 10 wharf is vauable, bus the wnervss
aha warehouses built thereon for the couven.
leoee OF commerce are private property .aw.
tuliy placed thereon, and neither the consti,n.
sinA nor the lsw creating the bsrhor line COM
mission seeks OF svsi.S 10 take or interfere with
t"en property. when tue state came IN. it
foGaG the docks. wnsryes and warehouses hsra
and the riparisn rights OF the owners. as hara,,
Aforesaid, with their properties were yeste3
FlFhis amply protected by the constitution of
the state
This harbor line commission ia a eops,i.,
nenal funeiionsry, brought into being by means
Of the act Of the legislature OF Marcn Is 1Sel
III commission has no !udeia4 power, its duty
undeE the law Is 10 locate and establish Aaroo-
tiaes in the nay.gsble waters of tie hsrh,-s
tstnsries. bays aud inets o. the state t'whsreyer
snen navigaole waters lie WITHIN or in iron. on
tae corporate limits OF any city, or within one
nile thereof spon either side
fae hsi duty Of the comm Ssion here ia 10