The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-12-21
THE ARGUMENTS CONCLUDED.
~. Shepard Makes the Closing Speech
Decision Reserved.

The argument in the celebrated harbor
line case was concluded yesterday after
noon, and the case was submitted to the
tuurt for decision. The question to be de-
cided is whether the writ of prohibition is
sued by Judge Lichtenberg against the
board Of harbor line commissioners shall
Be quashed, or whether it shall stand as a
barrier to prevent the commission from
fling its map of the lines adopted. The
Hing of the map would fix and estab-
lsh these lines, which include within
their area property and property rights
worth several million dollars, which is
claimed by those who have long enjoyed
undisputed possession, but which accord
ing to the harbor line commission belongs
70 the state. The case of III. l.. Yesler
against the board of harbor line commits
soners has been made the test case in
these important issues.
Mr.. Thomas r. Shepard, as one of the
attorneys Tor fesier, was permitted to
close the argument. He said in substance:
listened to the able, coherent and logi-
"a argument OF the attorney general in
sIis case, ana heard it followed by speech
"a seiiexcnlpation by member of this
;soainisson tex-Governor Sempie) plead
ing ~ excuse for what he claimed to be a
aisnterested act. Then we had to listen
20 number OF strained and illogical petty
ssasal1ehts and contentious in spite of the
saoau ana liberal grounds which the at
"lley general took in the case.
80: AZ mas been determined by the consti-
ny. .laioh that the state shall never dispose of
i saaa uaIeor me area, and that it can only
$3.50 49, y ,or term of thirty years. This
@saohsnment Of a harbor line area by the
safe and the act creating the commission
say s.ay not De contrary TO the federal consti-
s sas,on, out 1t must be construed as linn
NM .a, anu any statute to carry this out
s ,~ss, not Affect private rights, or else it
"a IL ,oid under our own constitution.
.1e naroor hne commission statute is void
nsn iar Is ~ attempts TO take private
illspsstt Tor the use of the state. 1t is on
- aspect OF the case that this writ is
49, Inc writ cannot control the action
- ~ aafhof line commissioners in the
~ ss',alse OF their lawful and proper dti-
~. ss .s't " c,n control them so far rs the
.,-saVpef atld unlawful taking of private
rssfEs,ysifty Is concerned.
h,,. aush We see member of public tri-
s.nai ssemple) who, being prevented from
sasssaing his jurisdiction, appears in
~ 49, 70 plead his own cause, We are struck
~, ~ we hopelessness of his case and his
IS, sssassae pFedlcament. Great heavensl how
ssla a y OF this age become so question
81 saat such course must be reSorted
~ y man Is guiltless of personal inter-
49,. - WIS matter, why has he come into
sssa ls 70 plead the cause of his commits
Il, this Is not case of discretionary ac-
Ia 80 s.i's + ease of want of power, and
49,; ~ ~ ei the harhor line commissioners is
H. ssa a'u authority of law. If the effect of
sa,, ~ OF congress is TO supersede the state
,S as IN liking these harbor lines,
w.. We contend that this settles the
.Ss controversy, and congress has taken
,s s matter in its own hands, and any
n, me state may have is in allegiance.
has absurd 10 say that after congress
doss a ..' with reference to its harbors 1t
he s. not snperSede and put into allegiance
IL ssaie control of harbor lines, and hence
In iHafisdictlon conveyed TO the harbor
H. commission is void jurisdiction, or
sts,, sVvh put IN allegiance by force OF this
~ 49, OF the United States, which pro-
ia tvf government control over all OF
as.Ssaroors OF the country. Even though
h.sew OF the Federal constitution may
n,syng, and even if this court IS not 10
n ss ssa the act of congress as bearing upon
y = me commission can fix harhor line,
4 svntend that il cannot Tx these lines
n.' : 70 include within their area private
ssssg5Tsr1y and encroach upon private rights.
Ne. Jug next step after the filing OF TINS
IL sp xiii be to provide for the leasing OF
property. If the state has not the
a.. Isr 10 put the premises in possession OF
49, ssees, 1t has not the power 10 grant q
- and has itself no right in the prop
ae Inc minute this map IS tiled there i
~ ~ any owner of adjacent upland cannot
- e's property for as much as il was
ously worth. Ii we do not prevent
anng now, when and ct what stage