The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-12-02

4
| ter line east and ives, Of section II. township "a
| north, range east. The north boundary 10 the
center line east and west Of section "a. town
| ship IS norta, range east The west boundary
| IL In the water and extends westward from the
line OF ordinary high tide 70 the center OF Eli-
| og's bay and the Duwsmfsn river.
/ Referring TO the ofiicisi map OF the hsrbor,
| published by the Unised Stat IN 1859 and cor
| recsed in 1890 the south boundary extends west
| about ta.ee-ffths OF mile, IL we take the call
70 the center of the bay, which 10 the true call,
for the river does not lie west OF the south line
| extended. This locates the south boundary 81
the southwest corner of the city. At point near
| the west bank of the center channei leading
from the Duwsmish river. The bay terminates
| and the river begins where the water 10 'pens
| in" on either side by banks at ordinary high
| tide. and the channels from the river, which
are covered At high tide. form part OF the bay.
| The estuary Ii at the mouth oil the river, where
tee tide on its food meets the current of the
river. and al 10 ut far as The salt water al
| vances up the river to mingle with fresh water
| AT ordinary nigh t de does the estuary extend
Tue line of the harbor. under the law, must be
located within or In front OF the corporate limits
from the north boundary TO the south boundary
! of the city, and one nile beyond On either side
/ for there are navigable waters in, and in front
/ OF ne corporate limits from the north TO the
| south line. and for more tnsn one mile on either
side. This will extend the south line OF the
harbor 70 q point not far distant from the estu-
| airy at the mouth OF the Duwamisa river. and
will give the city at least two miles more OF har-
! Dor line than the line proposed by tie commits
sion. aud will give the south end of the cityrhe
! benefit II harbor line three miles in length,
together with many miles of navigable water in
| the Duwamisn river, which. ere long, will be-
| come a most valuable part of the harpor of our
| city.
| The power and authority OF the commission
are 10 ocste this line within or in front OF the
| ely limits ana for one mile on eithrr side. The
| exact point Of location and the width OF the
line WI hin the minimum and maximum IS
within their discretion. This discretion. like
that OF an inferior court. cannot be controlled
unless palpsbly abused, hut a competent court
may, should tine commission att mpt to locate
the lines at place not uthorized by law. exer-
else such control as To prevent their 20 doing.
It is not within the power Of the commission
TO locate the lines indicated on their map from
the point where II touches the west line of the
city, westward across the bay to the west line OF
the bay for we have seen the line must extend
south TO the city limits, and one mile beyond
either within or along the navigable waters in
ront OF the limits, for there are navigsble
waters along the whole front and south to and
INTO the estuary ct the mouth of the river. Such
location would also be paipsble abuse of dis
erection and as nlischievous as purpres.ure; IL
would obstSHct navigation and cut of from the
harbor line tue south side of the city and de-
prive the commerce OF the city OF the full bene-
fit OF the estuary In the Duwamish river, which
will in the near future become a most valuable
part CT the hsrbor, and will be to Seattle as
much If not more bene ht than the Chicago river
is To that city. Any act on the part of the COM
mission which will in any wise oostruct naviga-
ton or aoridge the right of the city to the full
use OF its Days. estuaries and rivers. VIII not
only be in excess OF the powers of the commits
sion and palDaole abuse of discretion, but such
line across the bay viii also infringe upon the
harbor rights, and in great measure destroy the
harbor Of any city built on the west side of the
bay.
The courts OF the state have ample power by
writs OF certiorari and prohibition to prevent
the commission from acting in excess of its
powers or palpsbly abusing its discretion; these
writs are secured by the constitution Article
Nv, section 6
1t is not reasonable to believe but that on
proper repres NATION made to the commission,
IL will so modify its lines as to come within the
purview OF the law and best promote the inter-
ests of the city.
As TO the effect of such proposed lines on the
established streets Of the city as legal proposi-
ton, the commission has neither the power
TO locate or yecate any of the streets of the city;
wnatever streets were legally established within
the city limits will there remain whatever line
1sy be established The Legislature aud the
city under the powers given il BY the consti; u
ton aad laws as above shown possess these
powers. So Tar therefore their powers have
been legally exercised, the streets so established
will remain.
The commission Is limited to the single power
OF locating and establishing the lines and fling
It's map, and when the map 10 lied the lines in
dicated become the harbor lines, the space be-
tween which, under the constitution, is re-
served for landings, wharves, streets and other
arnst sorvo II
The lines established will, therefore, in no wise
affect the streets of the city, and even after the
lines are located and the map filed, the city
msy, under the constitution aud laws, extend
Its streets over across and along this area Tor the
convenience OF navigation aud commerce, and
sucn streets when established, WILL for street
purposes, re under the CONTROL of the city.
Touching the rights of the people having RI
parian rights along the front or owning wharves.
docks and warehouses along the city front,
ieltner the constitution nor the act creating
the commission. authorizes the taking of prI-
vate properly, and as we have above seen, the
riparian rights to build wharves, and ware
houses when built, are valuable property In
which the parties who have lawfully construc-
ted them have vested rights, and as sucn are
protected BY the constitution and cannot be
taken without just comp nsation be made
therefor, to be fixed and paid in accordance
with law. The mere fact that the lines are 10.
Gated over private wharves and docks does
not take or appropriate or in any way interfere
with them: there is but an imaginary line
across them which will do harm.
The legislature as yet has enacted no law TO
ease such srea or to build whsryes thereon.
When such an act is passed no doubt provision
will be made only for leasing the property of
the state or IL the state wish 10 appropriate the
private property of individuals for sucn public
use, the law will provide for the condemnation
thereof. and the payment Of the damages
awarded.
AS the state does not propose to interfere with
private docks, and could not so do excent nv
paying therefor. neither can IL lease the area in
front of such docks, for such act would destroy
the value of such property.
Under views OF the law as above set forth
we feel satisfied that If proper action be tsken
by the Chamber of Commerce. no harm can or
will be done or attempted. Tae com mission
should, aud no doubt VIII, after careful con.
slderstion, eudeavor 10 conform to the law. and
to so execute their discretion TO promote the
best interests OF the city. They caa have no
motive to the contrary.
The commission nave the right under the ar,
of March IS, 1890, session laws, Pare 73l, TO
establish public ways across the tide fats with
in and IN front OF the city, of The minimum
width of 50 feet and maximum Of 1000 feet
The chamber should advise with the commits.
sion aud submit sucn views touch ng the same
as may be deemed proper. TIE whole situatlon
should oe considered. and as he repres NATIVE
body OF the commercial Interests of the city. the
comm ssiou will 10 doubt give the reoomnen.
dation of the chamber care iul conside ration and
much weight Respectfully submitted,
J. 4. LEWIS,
ROGER GREENE,
Committee