, 1890-11-20

history OF the avenue would not bear in
yestina,ion, or because pretended
vested rights might be intericrod
with, or possibly. thnt fnture emolu-
ments to be derived thoreirom might be
cut oil. ia now altogether inmaterial
This Railroad avenue was laid out by
the ujty of Seattle upon tho property of
the state, on land and water below high
water mark, and thence TO twenty or
thirty feet OF deep water for two miles,
more or less, along the city front in the
Seattle harbor. BY what right or au-
presumed to dispose OF the property OF
the state In this manner, has never to
our knowledge been made to appear.
This avenue is said TO be 100 feet In
width, and is so located that it controls
the most valua Bile part OF the water front
of the city of Seattle;
Upon any reasonable estimate, IL is
worth many million of dollars. 1t Is
pcyond question the most valuable
niece of property. of the same area and
extent, belonging to the state of Washing
ton. But, says Judge Burke, the Scat tie
Il Montana railroad had to have some
wa" OF getting into Seattle, and II was
| therefore necessary that sixty. feet of
this space should be had and appro-
priated for the exclusive use of that
corporation in order that they might he
induc,d to come to this city. Could the
city give way that which 1t did not own,
or grant rights to property which II did
not possess and over which, as q matter
of fact, it had no control ? Did an
illegal act Of tho city OF seattle investthe
Seattle IL Montana Railroad Company
with any rights Whatever in or to the
property of the state, in the Seat
| tie harbor? Did not the Seattle
| 4 Montana Railroad Company have as
much right to construct its railway
track In the waters OF Elliott bay as
Stetson ~ Post, Tor example, to erect Il
saw mill, or any other citizens or cor
porations to make Improvements on
lands belonging TO the state2 Could an
| illegal franchise, "clandestinely and
sure eptitiouslyh obtained from the city
of Seattle give that company exclusive
control, as claimed by Judge Burke or
indeed any control whatever, over
| property the absolute ownership of
which was to be found only in the state?
| Was an attempted robbery on the part
of tins city of Seattle necessary to its
welfare and prosperity Would its
| future business interests be pro-
NOTED by acts of wrong and out
rage, or by attempting TO take and dis
pose of property to which 1t had no title
either In law or equity? Would the city
not have the right to confscatc the little
lot of ground Mt the junction of Yesler
avenue and Front street, known as the
| Ycsler corner, and appropriate it to
street purposes, without the payment of
5000, 000 more or less, which ii proposes
to pay Mr.. Ycslor, as to undertake to APP
propriate for its own use and benefit, or
| to give away at its discretion the prop
ertv of the state in Railroad avenue,
which commands so large portion Of
the water front of Senttle2 Who is guilty
of ''coniiscation, of committing u
"monstrous outrage" an injustice" in
this instance, those who are undertaking
in this high handed and audacious man
ner to rob and plumber the state of its
most valuable property or the harbor
line missionors, who believe that
this property should be reserved to tho
state for the common use and benefit of
| all its citizonsp
"Oh, but" says the Judge, "the fran
chise given to the Seattle & Montana
Railroad Company, granting 1t the ex-
elusive use Of sixty feet of this aveaue.
requires that company to allow other
roads the use OF this space also, and
cites us to the ordinance relating there
to. To this 1t may, perhaps. be suf-
| ticient answer that even that IL the ordi-
nance referred 10 was valid and legal and
the city had the right to dispose OF the
property therein mentioned, public pol
icy and all the state legislation hereto
fore had on the subject are decidedly
ing of exclusive privileges on the water
front to any particular individuals
or corporations whatever. If some years
ago, whilst joining in the hue and cry
that was then beingraised against the
Northern Pacific Railroad Company be.
cause of its land grant, Judge Burke
an,. his associates could succeed in hood
winking the city of Seattle into maxim z
grants and franchises of an illegal and
unwarranted character, he should not go
into Mysteries because, although com
bining with the Northarn Pacific Rail
road Company ohoid those grants and
franchises. he finds the some tactics will
not succeed with the state, nor has ne
any right to complain If the members of
| tho board of the harbor line commission
refuse to become particeps criminis with
| him and them in schemes which are
nothing more or less than plans by
| which tho state may be robbed
and plundered its legislation nulli-
| fled and commercial interests OF incalcu-
liable value which should always remain
under its control transferred to few
| individuals and corporations. In order
that 1t may properly control these com +.
mercal interests the state should have n
| street on its lands, surrounding the
| waters of Seattle harbor, from 200 to 300
feet in width, which street should be for
| the use in common, of all railways, or
/
access to the nayigable waters of the
harbor. This street should include the
| space now supposed to be occupied by
Railroad avenue, but to give exclusive
| privileges in this street, which would
| put it in the power of any company to
obstruct traffic, or delay the business OF
other companies, would be gross in
justice to those other companies, and
would be found in the future All intoler-
able evil in the way OF transportation.
| The harbor line commission is actuated
| by a sincere and earnest desire to exc
cute tho commands which have been
| given 1t by the constitution and the
laws of the state in strict accordance
with the letter and spirit, intent and
meaning thereof and in so doing it be-
| lieves IT Is rendering n service to the
great mass of the people of the state, in
Guiding the people of Seattle. Ii pro-
| poses to reserve somuch of the property,
now belonging to the state, as may he
necessary Tor the control of its commerce
| in the present and in the future, in order
that this properly may be kept for the
| FREQ and common use, welfare and bene-
| tit OF all its citizens. 1t does not propose
| to be frightened from the discharge OF
its duty by any hypocritical cry Of sin
! jury To the business of Seattle because
| 1t does moi believe that any injury can
possibly result from it's action at Seattle
or any where else.
| 1t does not believe in. or pretend to be
party to the 'contiscation" of any
mans property, nor does it intend 10
deprive any man of present opporttl-
mites for doing business on the water