The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-11-30

1e9oo1 up6u either ofda The o{nte shall never
rvs. ell o. lsaee - any psivese pefsou, ccfpcr-
anon e association any rights whatever II the
Maten bsyond such hafbor lines nor shall any
g TIE area lying betvssn any harbos line and
the line Of ordinary high tide. snd within nos
leso than dfty feet nor more tnan 600 feet Of
eueh harbof line {as the commission o1au de-
termine) b sold or granted b. the STATE, nor its
rights 70 control the same feitnquisned, bat
such area shall Be forever reserved for landings.
wharvea, streets and other eouyeniences Of
Navigation and commerce.
Sec The legislature shall provide general
laws Tor the leasing Of the hight 70 buiid and
maintain wharves, docks and other structures.
upon the areas mentioned in section ! Of this
article, but no ieass shall be made for any term
longer than thirty yesrs. Or the Legislature may
provide b. general laws for the building and
maintaining npon such area wharves. docks
and other structureA
Sec Municipal corporations shall have the
right 70 extend their streess over intervening
tide lsnds 70 and across the area reserved -
herein provided.
In accordance with the constitutional
provision. the legislature passed . bill Gre
ating the harbor commission. The main
provisions are substantially the same as in
the constitution. with the important addi-
ton that VII enever and wherever the har-
Dor line commissioners shall have estab-
lished harbor lines. they ''shail be and the
same are hereby declared TO be. the harbor
line of that portion of the navigabie waters
of this state" This placed the decision OF
the commission beyond all reach OF the
courts. It hsd never been contended that
the state did not have an alb
solute right to the water front
below ordinary high water mark.
and the only question which could
arise would be rs to the rights of owners OF
abutting property to reach navigable wa
tiers. This is recognized by the constitu-
tional provision, already quoted a. length.
that 1.-THE legislature shall provide general
laws for the leasing Of the right to build
and maintain wharves, docks and other
structures upon the area mentioned
The act creating the commission was APP
proved by the governor March %, 1880.
It provides ''board of har-
Dor line commissioners to con-
sist Of five disinterested persons" to
hold Office until January 49, 1893. The
governor appointed Colonel w. T. Prosser,
of Yakima; Ex-Governor Semple. OF Seat
tie: d. G. Guernsey, of Dayton; Frank H.
Richards, of Whatcom. and Cdybnel H. +.
Garrettson, of Tacoma. They organized
by electing Colonel Prosser chairman and
Colonel Garrettson secretary. and APP
pointing Alfred Martin, Of Olympia. clerk
Several meetings we're had aud the board
selected Richard Nevins. IT,, as the en-
gineer. For several weeks he has been en-
gagged in surveys and drafts of the water
front, and meantime the board proceeded
to take testimony IS to the most practicable
lines to be laid down. When the map was
shown and the1lhes first became known, it
was seen that they would take in . large
part Of Railroad avenue, which had been
tacitly considered bv the city a. part of the
municipality. The Seattle 4 Montana rail-
road has been granted franchise by the
city Of width Of sixty feet the entire
length Of the avenue, and they were sud-
denly placed in the position Of being sub
ject to the state instead Of the city. They
secured an injunction restraining the har-
Dor line commission from declaring the
line established.
A meeting Of the merchants was called
at the Chamber Of Commerce. and . COM
mittee appointed to consider the matter
from the standpoint Of the city's interests,
consisting Of Messrs. Jacob Furth, George
B. Adair. and Major J. K Hayden.
Another committee to look into the legis-
lative feature. was appointed, the members
selected being Judge Lewis. Judge Greene
and w. r. Andrews. Both have been at
work and will report to the Chamber of
Commerce on Monday night.
Thus the matter stands. The action OF
the harbor line commissioners is final and
there is. therefore. considerable interest in
the decision.
Yesterday the Chamber OF Commerce
committee held another meeting to con-
slider the harbor line. The committee viii
lay down new line. which will run in to-
ward the mouth OF the Duwamish. Mr..
Jacob Furth said that the lines would not
be reported until the meeting Of the Cham
Der OF Commerce on Monday night. The
published statements as to the lines which
the committee will lay down were IN
correct.
The legal com mittee will meet on Monday
morning to put the last touches to its
report