The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-01-24

~ ks.t.f
or ,. .,sson company or corporation mnuicrs,i
~ p'iVatc, which are held BIZ act If te-rts ~,
~ saa ... granting same. Art ~ See 81 II
i liz s sapic waters in front OF the eor,,o,a.a
limits o. any city, or within one nit ,t paa.S
upuu eitner side. in any hart,or etc ~ 49,
=. OF navigation and commerce. the state IL
~ 7 ~. strip OF the bed and water not loss
.naH hlty or more than Co feet. s4rch -, s :;
o,ssSf reserved for landings wharv..s straeets
..rir, Dsi onu the outer line of this strin ma
ights Whatever IN the water brvond cor, ~, -
CURED by any person, natural or artisic;ai st;
FL cannot be sold granted The only ri,-ht
,hoitaanaoie Is lease for term not exeeeding
i ~ yeafs 10 build aud maintain wharyes
COCKS ana other structures" The stafa s,saIs'
.uhoweser, may Duild aud maintain wharyes. etc
ans.cou. ne legislature il ito provide for fhe
OVERWHELMINGLY OF commission. WHOSE dutv II
snali De 10 locate and establish the e,,ter 80
inner line OF this strip; to the comlnjssion's dis
sseslon = ieil whether the strip shall he fifty or
M. icei Wiue, provided it does not exceed con
lee,. ana the legislature is to ssproyide hS- 11
VA AVS iof the leasing of the right TO build and
as u the wharyes, etc, in said strip. TART
~. over tide lands, between the inner line of
THIS strip and high water. line smunicinal cor
pola,loils snail have the right to extend their
striS. 70 tne strip, second, saeross" the
FROM this we see the policy OF the state in
ssI1ain naroors Is TO have harbor strip which
shall always be under control and ree,iation 81
Tue state solely. This strip forms a new water
'front.' Upon 1t wharves, ETC., NAV be erected
unner and by virtue Of lease from the state. or
-
aid OF commerce and navigation for the best
interest OF the state, the entire people If the
saa.e eIecls thereon wharves, etc. either collect
ing Tolls or other charges, or does not so collect
tue use VIII be public; if leased to persons. the
use VIII be private. or both combined. private
ma paDic The commission shall determine
we Wiath OF the harbor strip, and the legisla-
tuTe can give the commission any powers that
seem best to the legislature, not Inconsistent.
gpgnans or contrary TO article H. any other
article OF the constitution. The sovereign
power thus exercised is one of regulation MOI
Prohibition NV
Are there then any other such clauses? Arti-
gre !, declaration OF Rights, section l. Govern
ments derive their power from the consent of
the governed, the people, and is established to
protect ana maintain individual rights" Sec
ton g. mo person shall be deprived OF
pIoptfty without due process of law Sec L.
no private property shall be taken
or damaged tor public or private use without
PAID into court for the owner, which
compensation shall be ascertained BY q Jury.
unless Jury be waived, etc" sec. 90: .sThe
enumeration OF certain rights shall not
be construed TO deny others retained by the
people See. 50; "a frequent recurrence 10
fundamental principles is essential to the Sc
curlty OF individual rights - Art ~
sec l. mo existing rights shall be affected by n
change In the form of government but all a
continued as II no such change had taken
Having cited the various clauses of the con.
stitution applicable, we invoke few more gen
eral principles.
Whicn guard person and property, have grown
aud expanded until they mean vastly more to
us tnan they did to our ancestors. and are more
minute, particular and pervading in their pro-
lection. court or legislature which
should allow change of public sentiment to in
nuence II ingiving a written constitution con
struetion not warranted by the intention OF its
founders, would be justly chargeable with reck-
less disregard of official oath and public duty
The necessity for Bills of Rights, In our
fundamental law, lies mainly in the danger that
the legislature will be influenced by temporary
excitement and passions among the people.
Cooley, Const. Linn, Ed, 81; 5 Ed 81 p ~
The aggressive tendency of power is such that
they (the people, have deemed it OF no small inn
portanee that, in framing the instruments under
which their governments are to be administered
by their agents, they should repeat and re-enaet
this guarantee (protection of property by the law
OF the land], and thereby adopt it a principle
OF constitutional protection" Ibid, Ed, 40;
With these additional principles to guide us,
what have we in the constitution? To briefly
recapltuate, the people have declared that they
are the owners of certain lands and waters COW
ering the same; that a commission be appointed
by the legislature To locate strip in the nav
igabIe waters beyond the outer tine thereof, no
right earDcgfven IN the water; within the area
between that outer line In the water and high
water mark strip not less than 80 nor more
than 600 feet from that outer line shall be
reserved for certain purposes, to-wit: wharves,
etc, in aid of commerce and navigation. No
within that strip, and this strip shall be
water front. IL between the inner line OF that
strip and ordinary high water mark there
remains another strip, known technically as
''the Shore" that shore can be absolutely sold
or disposed Of Within the boundaries of this
inner strip new land be made by the pur-
ehasers thereof up and TO the inner rim OF the
person shall be deprived .sfrom asserting his
claim to vested rights in the courts OF the state,
Tart Il, See. II il he has any, either in the bed,
or shore, or in the waters covering the same:
second, that just compensation shall first be made
If any private property is taken or damaged;
third, that rights existing at the time the con-
stitution was adopted should not be affected
The legislature passed IAN act to create
board OF harbor commissioners, prescribing their
duties aud eompen sation;" approved March IS
1890. Section creates board of five; section,
term OF office. section 5, duties as prescribed in
the constitution and all such other duties as
the law may prescribe towit: Whenever they
have established 1.-The lines as herein provided
they shall file the plat thereof,
aud from aud after the filing OF Said
plat the harbor lines established therein and
thereon designated and displayed shall be. and
the same are hereby declared to be the harbor
line OF that portion of the nayigable waters OF
this state" section 4, providing Tor clerk and
surveyor, and compensation; section ,, board
compensation; section 8, auditing bills: section
Z, requiring account Of expenses to be kept
This act is 10 conform 10 the constitutional
directions, while in IL provision is made Tor com
pensation To the commission and its employees;
nowhere. however, is any provision made for
compensation TO the citizen. II any private prop
erty of his is taken OF damaged.
on March y 1890, approved IAN act for
the uppfalSeDlthE ana ulslOslilE OF tue tue ana
shore lands belonging 10 the state OF Washing
ton. Section provides Tor the appraisal and
sale; section ? board OF equalization: section ;,
local appraisers section 1, tide lands classified;
first class embraces two kindS--onc, those
within or in front % incorporated cities the
other, within two miles thereof upon either
side. Secopd class, those at greater distance
than two miles. upon which are located Falua-
BILE improvements; third class, "al other tide
lands With the first class we are now dealing.
They shall be surveyed and appraised a. rap
idly practicable, provision being made for
the survey, etc, of the other classes. Sections
s. 6, and :, organization of local boards
and duties, fixing the valuation Of
each lot: section :, application To pur.
chase and requisites; section ., contest and
appeal section ~, certificates; section Ii,
'slhe owner of amy lands abutting or
fronting upon, or bounded by the shore
OF any bay, harbor shall have The
hnal appraisal OF the tide land. To purchase all
or any part of the tide lands in front of the
lands owned that Is, the inner belt or
strip provided, that owners of certain valuable
Improvements ION said inner strip shall have
prior right TO upland owner for same period:
provided further As % oyster beds. section y,
rights OF bona tide purchasers under deed from
upland owners. Section Is. Ia. default Ia buy
by any OF above, then open 10 public for SALE
condition and method Of sale and payment
section Is compensation 10 officers.
Under this act the right 10 first purchase the
shore of this inner strip Is given 10 those who
have made certain valuable improvements. IL
they DO not buy, then the upland owner may
buy. II both do not purchase, then stranger
can purchase, and SUch stranger can hll up and
reclaim the same. that is. foTm land between the
INLAND OK ner's baak and the inner line OF the
harboF strip. thereby making the upland owner
..an inland owner out OF iittoFAl owner, in
stead Of having the water wash over his shore
and ssflew to his bank the Watef did when
be became the owner of the upland should
the uttoral owner b. able, either by preference,
right ar having sufficient money. buy TINS PoT-
fIon OF the shore. ami thereby the Ice vested fn