The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-12-20

and he went TO the very foundation of the
petitioners claim and attacked the ripar-
Ian rights upon which alone tile writ OF
prohibition Is based. He read from num-
erous authorities in support of his argu-
ment, which was generally regarded as
very clear and forcible.
AT the night session Ex-Governor Semple,
ono. OF the harbor line commissioners,
spoke brieiy in defense of the commission
ers, and denied the charges of star cham
Der sessions and secret work, but claimed
that the commission had transacted Its
business and performed its duties openly
and IN accordance with the law. He con-
rights over the waters, and that 1t may
delegate these rights to the state as has
been done in this case.
William T. Scott argued that no applica-
ton had been made to the harbor line
commission 10 remedy any injuries which
may have been done. He denied that the
commissioners had exceeded their Juris-
dlction or gone beyond their powers, but
claimed that the constitution of the state
makes their action final and conclusive,
and 1t Is not within the power of the court
70 PROHIBIT any action OF this commission.
he argued that the extraordinary method
such as writ Of prohibition should not be
used where there is any adequate remedy
at law, and that the rights of parties in
recourse to the common law remedies. he
insisted that the mere fact Of establishing
harDor lines across the property OF these
people will do them no harm and will not
affect any rights that they may have.
Julius +. Hale stated that it was clear
and certain that the commission was act
ing within the scope of its authority, and
said: . In view of the fact that the prin-
cipal questions have been so exhaustiyely
argued only desire to call the attention
OF the court to.one or two matters In the
complaintof yesler i: is conceded that the
title to tile lands is In the state. The re-
cords show that instead of going outside
of Its duties and powers the commission
has only performed its duties according TO
the provisions of the law. The constitu-
ton clearly defines the duty of the COM
mission to lay out harbor lines. This is
enjoined upon it by the constitution, and
II 1t were going outside of its clearly de-
fined duties the writ of prohibition would
issue, but when it is doing what the con-
stitution enjoins i'll establishing harbor
lines the writ will not lie. No officer in
the United States is authorized to dictate
to these commissioners so long as they do
their duty
THE court must render its decision to
the best interest of the state as well as the
other parties. No injury will be done
these petitioners They have no vested
had the establishment of these harnor
lines would not affect them"
John Wiley said: AT the risk of being
guiilotined | desire to give one parting
shot, to say a few words about vested
rights. The bed or soil of all rivers above
the ebb or dow of the tide belongs to the
riparian owners, and all below the ebb and
uow of the tide 10 the state which sue
ceeded to the rights of the crown. The
state exerts Its authority over all of the
navigable waters. That authority is given
it Iy common law The right of
private property is TO have other
than common use of water. Everyone can
use the waters for navigation purposes,
but there must be a special right Tor other
purposes. These parties claim certain
riparian rights. The state is seeking to
con..scate their wharves. Their wharves
will remain there just the same, and they
will charge just as much wharfage the day
after this map is Lied as they charge
now"
Thomas r. Shepard: II think from the
course things have taken we are entitled
to a reply, and shall want to discuss a
number of features that have been brought
out by the other side. | want at least an
hour or two. | ask if the closing argument
shall be made at this late hour?"
Acknowledgement Jones stated that he
did not concede Mr.. Shepard's right to re-
ply, but he did not care how long he talked
ON the case.
Judge Lichtenberg agreed to give Mr.
Shepard two hours time to argue the case
this afternoon and then adjourned court.