The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-10-18
NOT A COUNTY ROAD.
south Park Company Wins Its
Case.
rHe LAW UNCONSTITUTIONAL.
r.,sett Mullarkey Found Not Guilty Of
Assault-A Complicated Casc-Court
Notes.-The Blotter.

Judre Lichtenberg yesterday decided that the
,essIation of 1ss990, relative 70 roads and high
vays" correcting informalities, 10 unconstitu-
t;nual The decision 10 a very important one
isssmuch as It seriously affects the convenience
a the commissioners OF King county and will
scssion the county no little expenditures in
he building OF new county roads in many
Realities.
The act of 1890, under the title mentioned,
rs brought into question by Prosecuting At
nruey Miller In the case OF the state VS.. the
smith Park Land and Improvement Company,
vhch was given hearing yesterday afternoon
hIore Judge Lichtenoerg
ID 1889 the South Park Land and Improve
rent Company, through its president, l. William
Adams, bought the A. A. Hargrave donation
claim, OF l60 acres, In section 81, township "a,
north range east, on Duwamish river. The
claim was plated by the company. Over and
across the northwest corner OF this claim is a
road which has been used by the public for the
past twenty-six years aud for the last ten years
has ben kept in repair ct the expense Of the
county 1t il a well.traveled highway, for IL
d the only way by which residents between
Frceport, Alki point and West Seattle can reach
Seattle In wagon. The road across the
corner oil the disputed land has never
been surveyed, however. The records of
the county auditor show that In 1874 when J. II.
Whitworth. the county surveyor, had completed
the survey of the road from Freeport to the
elsisn, he was met by an armed body of men,
who challenged him TO survey a road across the
land at his peril. So he crossed over the dis
psted land, and by metes and bounds estab-
hhed . connection across the land with the
mad on the opposite border, and the legal sur
yey IN this manner was completed to Seattle. In
the meantime farmers continued to cross the
northwest corner of the claim in
wagons. A heavy and treacherous marsh
sncloses the corner and to seek q solid road bed
the residents had TO trespass on the land. The
right OF farmers TO cross the claim with their
wagons was not questioned again until recently
when the land was acquired by the South Park
Company.
tome time ago President Adams called on the
Uunty commissioners and requested that they
bzad road for the accommodation of farmers
aDlnd the edge of the claim over the marsh by
means Of piles and trestles. The commissioners
we're ready to acknowledge the justice of the
demand, but they said that the building of such
m elevated road would involve a considerable
expenditure which the county did not at the
present time care to make.
month ago barrier to farmers reaching the
city was established by Mr.. Adams having built
In the middle of the road, where il enters the
premises Of the company, a large house. The
state, through Prosecuting Attorney Miller. en-
Joined Mr. Adams from completing the building,
and yesterday Mr.. Miller cited as authority for
bis action the act mentioned, which provides
that "where a road has been kept up at public
expense and travelled by the public for q period
OF not less than seven years. such road shall be
regarded as a legally established highway"
In pronounciug his decision Judge Lichten-
berg stated as grounds that the title of the act
did not embody the subject matter of the legis-
iatiou: that the title of the ACT was misleading,
inasmuch as IL did not conform to the legisla-
ton following. The further reason was also ad-
vanced that the act was unconstitutional, be-
cause II was In violation of section 16, article
xxxIl., of the constitution.
Mr.. Miller gave notice of an appeal, and he be-
lieves that the supreme court will not affirm the
decision of Judge Lichtenberg. In the mean
time the residents OF the district will be COM
PEELED to bring their products to market by
some other route or keep them on their farms
until the county can build a new road.
The county commissioners have been keeping
Up other roads in various portions of the county
under and by virtue of the act which has now
been decided unconstitutional. To provide for
the further useless expenditure of money on
such roads Mr.. Miller last evening addressed
letter to the county auditor notifying him of the
decision Of Judge Lchtenberg and warning him
70 be governed accordingly.