The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-06-10
HARBOR LINE LIMITS.
Judge Lichtenberg Puts the
Elevator Outside.
JOHN coRT AS A KIDNAPER.
Habeas Corpus 60 Compel Him to Bring
His Children Into Court-Big
Damage Case.

The last OF the harbor line cases, which mas
had several hearings in Judge LichteDbeTgs
court, was finally concluded yesterday was
the suit Of the Seattle Terminal kaAWay ano
Elevator Company against the board OF hafool
line commissioners, for the purpose 0, HlaAI.s
the writ OF prohibition permanent anu p1s,en.
ing the board from establishing haroor ilnes 30
AZ IN include within their area the West Seattle
elevate. and warehouse.
The plalntiff was represented By Aetcalie q
Turner. who claimed tina; the outside limits W
which the commission could extend the nhfDol
lines ec,,ld not include the elevator and ware
house. which were over mile beyond the cry
boundary Il was claimed that the cnanhei u
the Duwamish river, which was one OF tne .ei-
minaI points Of the hsrbor lines, was noi " .ie
most westerly mouth OF that stream Whien
would be necessary in order TO put the haroor
lines far enough west TO include the Hest seat
tie elevator.
Ex-Governor semple, on part of the haroor
line commissioners claimed that the channel
was in the most westerly stream. He SAID:
In presenting the matter 20 the court we viii
first detail the theory and practice Oh the naIDo1
line commissioners in determining the western
limits OF the city. for their purposes, ana then
consider the objections thereto made oy the re-
lstors. -
The language OF the statute describing the
city limits so lar as applicable TO this case, az
follows: ssThe north half OF section IL,
and Intending. also. the water fronting said
above described lands, westward 70 the center OF
Elliott bay and the puwamisn rr n,sst he cons
strued 10 as 20 give effect TO every part OF III, II
possible, would seem 10 require ina, me eeHssi
o! the Duwsmish river should be taken lnto &C
count in fixing the western limits OF the city:
The harborl inc commissioners, In nxing saio
western boundary, followed the center OF Eli
oft bay 10 point near the soutnern-
most limit OF the area covered w WIN
1Nwr
assumed 10 be the nayigable waters oil sad pay.
They then, after taking testimony, walcn
seemed TO establish the fact that the pflncipai
channel of the Duwamish river, at the GATE OF
the adoption of the charter of 1883, was the one
now flowing through the drawDrioge OF tue pc
attic Terminal Railway and Elevator company,
fixed a point in the center OF SAID cnaniei,
where the southern line OF the city, projected
over the tide fats, Interested the same. A ian
gent line between these two points, connecting
with the lines through the center OF the bay,
was assumed 10 be the correct western bound
arr OF the city, and from where that line inter
seetcd the harbor line, they measured one mile
westward which reached the elevator buildings.
II is commended by REALTORS that as the south
ern line II projected westward 10 the center
channel OF the DuwaInish river, would include
more land part OF an island therel, than is
specifically described in the statute, such pro
lection is inadrnissabie. They then proceed to
draw a line. as described in their petition,
"northwsrd from the northwest corner OF the
north half of section IL. as shown on said FAC
companying) map, through the middle OF said
Duwamish bay" As petitioners agree TO the
point in the center of Elliott bay, near the line
OF low tide, established by the harbor line
commission, the disagreement applies only to
the objective point OF the southernmost tangent
In the western boundary line OF the city.
Realtors contend that said point should be
''tbe north west corner OF the north half OF sec
ton H.. Prtsaa Joeie no reason whatever ap-
pears Tor such an assumption. III IL be conceded,
% claimed by REALTORS, that no land, except as
specifically described, can be included In the
city limits and II ii be conceded that, therefore,
the southern boundary line cannot be projected
southwest corner OF section II, that might be
urged as = reason for following the west line of
section IL as far north as the northernmost
point oil the island involved, but IL would seem
that from that point the line should run west
ward TO the center of the Duwamish river, Il. e.,
the main channel thereof. so a. to give effect to
wste- fronting said above described lands west
ward 10 the center OF Elliott bay and the Du-
vanish river" question OF fact here arises
az 10 which was the main channel OF the Du-
vanish river at the date of the passage of the
law containing the description quoted. Relat-
ors introduced testimony to show that the east
ernmoss branch was the one intended, but that
could not have been so, because that branch was
entirely included within the city limits, as de-
scribed. We claim that the investigation must,
therefore, be limited 10 the other channels.
As between the middle channel, 1.-THE one
claimed by commissionersl and the other chan
nels outsidethe city limits, there does not APP
pear TO be any doubt but that the middle chan
mel is the main one. We claim that the only
preliminary question to be determined is
whether the southern line of the city boundary
shall be projected westward on the tangent of
the southern line OF section II, or on new tan
gent originating at point in the western line
point of the island partly included in said sec
ton. As the conclusion from both these prem
ises Ia substantially the same as TO the western
limits oil the city, il therefore appears that the
harbor line commissioners have not exceeded
their Jurisdiction, and the writ OF injunction
should be refused.
But the claim that the chanuel OF the Du-
vanish river selected by the commissioners was
the principal one at the date of the adoption of
the charter OF 1883 does not rest upon the con-
elusion OF law quoted above. The testimony
shows that the pile bridge OF the Seattle &
Walia Walla railroad, erected in 1916 or lsT7,
crossed the eastern channel twice; that said
bridge had no draws In IL and that IL completely
shut up that channel for all purposes OF nayiga-
charter containing the description of the city
boundaries. That said pile bridge was construct
Cd when Seattle was comparatively small town,
and when the matter of the closing of the eastern
channel by ii must have been matter of note
riety to every citizen OF the town. so that even
If the eastern channel had been the principal
one. or even the only one prior TO the construe-
ZION of said pile bridge, il was no channel after
that event, and therefore could not have been
alluded 20 in q description drawn Eve years
afterwards.
Corporation Counsei Jacobs expressed similar
views, and appeared in behalf Of the city TO
look after the city's interests in the outcome of
the suit
In passing upon the case, Judge Lichtenberg
said that the Dumamish river, prior TO 1875 and
1876. had three channels emptying into Elliott
hay, known as the eastern, middle and western
channels; that prior 70 that time the eastern
channel was most frequently used. but shortly
thereafter the Seattle & walla Walls railroad
drove piles aud built crossing over the eastern
channel At two different places, and after that
the western and sometimes the middle channels
were principally used for navigation and com
merce. He held that the elevator was more than
a mile west OF the westerly boundary of the
city of Seattle, and hence could not be brought
within the harbor line limits, and no would
therefore make the writ permanent
The case viii be taken 10 the supreme court
By the board OF harhor line commissioners