The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-01-16
THE HARBOR LINES.
R,port of the Commission to Be
Submitted.
expL AVIATION OF ITS COURSE.
wark Accomplished in Seattle and the
Suggestions for Legislation
Concerning It's Powers.

oryrprA. Jan 15-Tspecial.l 1.-The report of
- stxfe board of harbor line commissioners is
- "a the hands of the public printer, and will
Ssubmitted by the governor to the legislature
81 few days. The report is very elaborate and
svss 4 complete history of the appointment of
X hoard, with u copy of the constitutional ar
s,rIe authorizing the creation OF the board, copy
4 he act OF the legislature, and of the act es-
sklIshing public highways across the tide fats
...r towns. The report then says:
ror variety OF reasons it was deemed advis-
Ala by the board to begin its active work at Sc
.rtIe on account of the number, value and ex-
80 al its commercial interests, as well as its
srrreeste business ana population. Within its
SSsits and adjacent thereto are extensive tide
5sfs to be sold by the state as soon its harbor
shauid be "loeated and established Large
-rrbers OF men were then, and are still waiting
~ a opportunity to acquire title TO these tide
40 IN order that they may establish thereon
yrrIous Industrial and manufacturing enter
srsex Of great importance to the city and state
+ view OF these facts the commission deter
mined to begin and conclude its labors in Seat
IL Al the earliest practicable day. The appro-
.dssion which had been placed at its disposal
5I not warrant simultaneous work elsewhere,
a. ordering surveys OF harbors OF other cities at
he zane time.
| t;on which appeared to US to be exhaustive ON
ia whole subject, we arrive at the following
smonr other conclusions:
Tirsf-That the land and water lying between
he line OF high water and of deep water are alb
seota property in fee simple of the state and un-
ar It's exclusive control and management.
seeond-That the nGyigable waters of the
rsie beyond the line OF deep water are nnder
~ }ojnt control and Jurisdiction of the state
md a the United States lin the harbor of San
FRANCISCO this joint jurisdiction extends over
- waters beyond the depth of eighteen u.s. feet
+ G low water.
10
| rron the tide lands OF the state only occupy
| t8me lands a; the discretion of the state. and
az trespassers thereupon, except in the case of
| bose owning certain improvements or riparian
frhe. who are authorized to purchase the lands
b O. which these improvements are located, or
sbutting lands within sixty days after appraisal
Dr. by the act of March 26, 1880. except where
snek lanos are expressly reserved from sale by
Dr. constitution
foarfh-That the commerce OF the city of Sc.
stle promises TO grow into extraordinary dimen-
Sons before many years; that the number of
F sestvise and foreign vessels arriving at and de-
L ur,ng from It's wharves will be very great. and
! therefore, the commercial facilities required in
hs near future will tax seattle's harbor TO its
Utmost capacity
! Nth-That In order to secure the necessary
hcilties .for landings, whGrves, streets and
aksr conveniences OF navigation and COM
neru," as provided for and required by the
&nsfiIniion OF the state, q maximum width of
U feet should be reserved by the commission as
H f-SccAcs~
barber.
sxih-The state being the owner of all the
water front of said harbor below high water mark
9meander line OF the United States government
mrsey, and needing the full width of 600 feet
sos purposes OF commerce and navigation"
fat The area should be reserved where '.land-
ings, wharves, streets and other conyenienees"
herefoE may be best constructed and main
hined
sevenfh-That no harm can result either to
ne commerce OF the city or to the interests of
Fivate individuals by the establishment of
fsrbor lines because the first right TO lease any
Improvements now existing on the property of
the state will, without doubt, be granted TO own
| e. OF such improvements, or compensation viii
y made therefor by the legislature. The con-
altntlon OF the state expressly provides that no
property shall be taken for either public or pri-
nate use without compensation to the owner
thereof
Eighth-That the constitution of the state
tfeady provides that leases of such property
nay be made for thirty years, which would seem
D Be ample tiIae for the erection of wooden and
Enpnrary structures usually maintained upon
ne water lfont by those engaged in commercial
pursuits in the various harbors of the state.
Nnfh-That as all legislation heretofore en-
tced upon this subject is based upon the prin-
epic OF making commercial facilities cheap,
euysnient and accessible TO all the people of
ue state the legislature may be depended upon
Y make the terms and conditions of lease for
ueprorerfy OF the state within the harbor lines
= an easy and nominal character, in order that
1sic Hat US DO EXCUSE LOT leNNlng excessive
Mls or charges upon the commerce of the state.
AZ information obtained, aud the testimony
hken by the commission, expert and otherwise,
xtre 10 the effect that for the accommodation Of
ne large sea going ships of commerce, present
Ga prospective, slips alone should be 600 feet
sngth II slips OF this character were made
nc seattle harDor they would exhaust or oc-
~W me maximum area of 600 feet reserved by
@e eonsttution, leaving nothing for landings,
sssrses, street and other conveniences of navi-
salon ana commerce"
The appearance before the commission of rep
Mssnlaiive men OF Seattle. who urged the loca-
sm Of the inner line in fifty feet of water. and
70 outer line % or loo feet beyond, is men
no1eu The report then SAYS:
iae OBJECT OF the proposition was to place the
49, iine beyond any wharges or other struc-
s sIss upon the present line OF deep water, and
sa.aay leave the entire control of the COM
1-Ite Oh the city in the hands of those who now
skssapy the water 'front.' In other words, the es-
~ \. nment OF such line would practically re-
~ ~ ~ ine absolute notification OF the constitu-
~ sud acts OF the legislature on the whole
ssaeeeh ihe building and maintaining of
- ~, aoeks and other structures upon such
s - saea would be an utter impossibility. The
= $500 stion OF streets aud "other conveniences
.sss salon and commerce upon such an area
49,. 49, " out OF question, even II there were no
~ wsslalefenee on the part OF the United States.
nv, easlaing OF sea wall in such depth could
tsr snderlaken with any hope OF compile
,ss.; The utter absnrdity OF the prop
a .s'on advanced and sirenuOusly supported by
81. s. psites must be apparent 10 every inteili-
s,s.a ran VINO gives the subject proper consid
ss. lsl'ef nom committee of citizens. of date
ss.ss.sf 10, 1890, is quoted to show how this
s s,ssssaslon wss urged. The report refers TO the
}f,saasnt q Colonel Hanes, the substance of
- sssh Was that the Commission could NOT locate
4 i sss ueyond deep water, because such would
En- vsnnlet with the jurisdiction and legisla-
~. y ne .ae united States. For ordinary pur-
}ss H. slu ~ most of the harburS OF the world,
|sss - let is considered deep water although
|rrn.. sse iuf special uses ocean bound vessels
M sa .so That require depth of from twenty
|fsrp : -, lily ieet; In the harbor OF Seattle
r. s Ase many whaTYes which are built out
- ' - twenty 10 forty beet of water az low
phs,~Aae necessity for such extension of these
en- Tvs auso oecp water is not entirely appar-
q al saa,sllu on 10 these wharyes the city coun-
}eose, a...ae, some years ago, without having
to ssSa authority Of law OF competent jurisdic-
b ey,s .aeItook 10 lay cat street several miles
|shicb eho Below the line of high water,
snn .sneeupled & commanding position
IL 80 e entire water front of Seattle.
IA eet was called Railroad avenue,
nlwst ~ y franchises were given TO certain
|ksi,le Explorations. amongst which were the
so,ths,.. 5 IA shofe x Eastern, now part of the
T. ts sIa Pacific railroad system and The Seat
ii III Ganus, which is understood 10 be part
ppnn 1aeat Northern railway system This
h near.As. aImost II not entirely located upon
NaoptSn ~ :, " OF the state, and the people in
~ 80 eaeir constitution in addition 10 v hat
u.rs-Ss,, ~ reference 70 harbOr and tide waters
Rs 49,, Siafed, IN section >, of article -,
kn u sI Ie OF the constitution, that cal laws
4 kaieh a. .olce IN the territory of Washington
Hasl ra.n. MOI repuguant 10 this constitution,
Lon f,a.sIan 10 force until they expire by their
4egsst,asa 'ioh or are altered or repealed by the
49,, provided, that this section shall not
As, .elsTned as TO validate any act Of the leg
IL Ia 49, - /" ashington territory granting shore
i t,;res -s 20 any person, company. municipal
sAsde -. eorpoFaton.i The argument was
kSoa,a ~. Slues and municipal corporations
n
s,.in6 - 7 atoms. but 10 this the commission
bad e. al the people of the state had deter
q 30 ec ~sisrNlse and had already decided in
"a ~ sAa-is 'ailon that the control of these har