The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-12-05
IT DOES NOT SUIT.
Directors to the Chambers Pro-
posed Harbor Line.
RAILROAD AVENUE NOT SAVED.
Seattle & Montana and Other Complain
ants Still Claim Cause--opinions
OF Legal and Business Men.

There was O rumor on the street yesterday
that the Seattle 4 Montsna and tbs other pr
lies, which have been in IN courts 70 have the
harbsr line commission prohlri ed from laying
the harbor strip across Railroad avenue and
the various whsrves and improvements on
the water front, would mske the same fight
axains the lines proposed by the Chamber OF
Com nerce committee should the commission
accept those lines The rsason sleg n Is that
the strip proposed by the Chamber OF Commerce
COMMITTEES includes Railroad avenue, as did tn
original sirip.
Mr. Jacob Furth, the chairman of the chamb'
OF Commerce committee. sad when ask 4 about
the ubject: 81 have heard the report that the
SEA tie d Montana people are opposed to the
lines We laid down, hut IL the commission &C.
cepts this strip, DO not think any opposition to
II can successfully be made. There are oiher
people in The city quite interested in the har.
Dor line ~ those wao have appeared IN court
Tire matter is one which touches every citizsl."
Major J. r. Hayden. another member of the
committee, declared: az know nothing rs to
the action which the railroads might take In re-
gard TO the har or line we have su Sgostet. Had
we laid the line SO that Railroad avenue would
not be Guided, the strip would have been too
far out, and there would not have been the
slightest chance of the commissions accept
ing it."
Judge J. r. Lewis, one of the legal committee
of the Chamber OF Commerce which investi-
gated the matter, said: There seems to me q
very good prospect that the hsrbor line commits
sion viii acc pit the line we have proposed. My
idea In the matter is that those narbor lines are
Imaginary aud do not affect any property or
RICH til the legislature makes provision for
compromising the orgiaal owners for loss. No
man can DO d spriyed If his properly by confis-
cation or without due process OF law. II man
really has property or other rights in the harbor
strip ne has them still. aid will hav them un-
L IN IL and w afnd Gnr
that reason wanted 10 see tine strip laid down
so as to include as few .xisting Improvements
as poss Bile; for he fever OF such Improvements
the strip inclu es the less the state will hav. TO
pay Tor when IL takes possession OF the strip.
But were the strip laid SO AS to be beyond all i'm
movements, then it would be too far cut
to serve all its purposes. Now as to Rsii-
road avenue. According to ths constitu-
iion aud the law the city can lay out streets
IN the hsrbor strip. 1t can open streets
across it; and the word across In the opinion
of both Judge Roger 5. Greene and myself,
means sin any direction through the strip
Since the city Is expressly given the right to
open streets In the strip it makes no difference
Whatever whether Railroad avenue ia in the
strip or not. The avenue will be street, in con-
troll OF the city, just the same, nd the city can
grant or repeal franchises there in the same way
that 1t does now So, why the Seattle d Mon
tana or any other railway should object TO Rail-
terry TO me. So lar as l can make out, the rights
OF railways there are not affected. Ace ordingy.
really believe that the avenue will cease TO be
a bone of contention.
"The commission has the right to lay its lines
In the Wat iront where it chooses, provided
the discretion is not pslpably abused. do not
think that the commission close up the
Duwamish by leaving waterway only 400 feet
wide and running the strip through to West
Seattle. Our committee laid the line down on
this side OF the Duwamish, and there 10 plenty
OF water to run IL a mile beyond the city limits
at the south end, SO West Seattle does not come
into the question. In that way there will be
space for dredging out big hsrbor in the fats,
and this believe win be the most valuable part
of Seattle harbor. And West Seattle can have
long frontage on IL too. With this big space
dredged out Seattle will have the best harbor in
this country that is near the great wheat belt"
Judge Roger s. Greene, another member Of the
legal committee, said: "The harbor line COM
mission has wide discretion, but OF course It
cannot interfere with vested rights. As for Rail-
road avenue, 1t seems to me that that Is bound
to be a street, whethsr it 10 in the strip or not,
aud the roads using il are not aft cted -
Mr. Henry L. Yesler, who brought the first
suit TO restrain the harbor line commission
from acting, declared: 81 have not seen the new
line proposed by the Chamber of Commerce
and so cannot give an opinion on it, l hope.
however, that some way will be devised for Set
ting the controversy"
Colonel J. C. Haines. the general counsel OF
the Oregon Improvement Company, said:
"Were the proposed line adopted. We should
only litlgate so Or as ths improvements belong
ing 10 the company are concerned. We do rot be-
lieve, according to the op Mons OF Judge Lewis
and Judg OR enc. that our properly Can be
tsken IL to the rip"
JUICE Tnos4as Burke, in answer tn an In
curry as to whether the seafte & Mantsna
W ud continue TO hit against the harDor iiae
sug Sested by the Chamber of Commerce, in
Ease the commission should adopt IL. said:
While the present case IL pending in the
urts do not care t, say what the railroad
viii do t. the m 1t err"