The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-03-19
In SEATTLE HARBOR.
Nearly Ten Millions to Be Spent
on improvements.
UNDER THE LAW JUST PASSED.
1x-Gsvernor sempls Talks Of the work
Of HarbOr Line COmmission
Under Court Decisions.

may be able under the terms of the new law TO
spend nearly 10000 900 in improving its harbor.
Mr. Semple also declared that the recent
decision OF the supreme court sustained the
commission In the position ii had taken, and
accordfngiy that the work Of laying the lines in
the Tacoma, Olympia and Port Townsend har.
DoFs wouid soon be begun He also gave AN
explanation OF the two harbor line bills infros
ouced IN the last legislature He said.
I'm this supreme court decision in the case Of
Eisenbach against Hatfield, the court upheld
tne course the harbor line commission has
taken and declares that the upland owner has
NO httoral rights. Judge Hchteaberg's decision
wnen the cases against the commission came
ior nearing was that the upland owner had
these rights and could wharf out to deep water.
put the supreme court holds that the state owns
tnese tide lands, and that the man erecting
meath them
However, he has an equity in the improve
menfs and in the land. Our bill. introduced
INTO the legislature, provided that as q man had
erected wharves rather than let commerce go
unaceommodated he should have the prior
right to lease from the state; the upland owner
should also have the prior right to lease from
the state, and the state, when taking land.
should compensate for the improvements.
Nhiic the decision of the supreme court does
not cover all the points raised in the harbor lire
cases, II does go straight to the main issue and
decide In favor of the state Very few lawyers
who had given the subject much
tnonght had any doubt that the ultimate decis-
Ion OF the main question would be as announced
In the case cited. The American authorities
nearly all supported the position taken BY the
narDor line commission, and the two cases
principally relied upon by the plaintiffs in the
prohibition proceedings were English cases de-
eided BY the house of lords in favor OF ifs own
members Yet this house of lords could be
Oeclmafpd Inv vif ne f,nv
THE harbor line commission win now, In all
PROBABILITY, proceed with its duties at Tacoma.
olympia and other places. The common coun-
Gil OF Olympia petitioned some time ago to have
the work In that harbor proceeded with; but the
commissioners did not think that TO go
en- would show proper respect to the supreme
court while case involving the legality of this
matter was pending. As the opinion of the
court has, however, in the case quoted, been an
nounced in emphatic and unmistakable terms,
II VIII not, in my opinion, be considered disre-
spectfui for the harbor line commission to take
up the public business entrusted to its care
"The plaintiffs in the PROHIBITION case can by
the same dilatory tactics heretofore pursued by
them, keep the tide land interests of Seattle
locked up for several months yet; but it viii be
out OF the power OF anyone to iniiict the same
damage in Tacoma, Olympia, Port Townsend,
and other points.
"The legislature has appropriated $4,000 to
carry on the work, and 1t win be the object of
the commission, by pracricing strict economy,
10 make this sum so as far as possible
"The legislature also passed Senate bill No. II,
appropriating IS per cent of the proceeds of sales
OF tide lands within the limits of towns and
cities, or within one mile on either side thereof
to Improvements of such harbors.
with proper appraisement of tide lands and
proper application of the proceeds this fund viii
make half dozen harbors in this state equal, If
IN nv yfo I'm. fho Int
by the computation OF our engineer there
are 2.656 acres Of tide lands, exclusive of the
harbor line area, in Elliott bay. These lands
have been estimated to be worth, on an average,
not less than 5000 per acre, which would make
them yield SIS, 600. IS per cent of which will
90 the improvement OF the harbor by existing
laws. You can easily calculate that IS per cent
OF SIS. 10000 II $9,9S50o0, a sum which ought to
give US harbor unsurpassed in the whole world.
1.-THE harbor line commission, at the request of
numerous members Of the legislature, sub
mitted to the proper committees two bills on
the harbor line question. The one of them Just
mentioned became q law, and provided. in addi-
ton to what have stated, that the harbor line
commission should have power to adopt after
approval by the secretary of war. comprehensive
schemes for permanent improvements in all the
harbors Of the state. II also seems to give to the
commission power to expend the funds appro-
priated in constructing such works as may be
agreed upon.
"Senate bill les, which was unfortunately lost
in the House at the last moment by only one
vote, supplied all the restrictions which are
lacking in Senate bill II. BY 1t the commission
ers were required to give q bond of $4,000 EACH
and their clerk bond OF $4,000, or an sggre-
gate bond OF 100000
sit carefully guarded the expenditure of
money. prescribed the methods OF taking
vouchers, required funds to be deposited in the
treasury once a month, and provided
for leasing the harbor line area for terms not
to exceed thirty years The rights and
equities of improyers and upland owners were
fully recognized and protected by this bill.
think that ii the measure had been fully under
stood there would have been no difficulty about
passing it. The opposition of the Tacoma Land
Company and several newspapers may have had
some effect, but the main reason for the failure
on the final vote was that the provisions of the
bill, and its relations TO Senate bill al, were not
generally understood, and the bill came up in
the House so late that there was no time TO ex-
plain it. This bill, or one similar, will in all
probability pass at the next regular session or at
an extra session, IL one is called.
at viii be the aim OF the harbor line commits
sion to perform the duties imposed upon il by
law. and protect the interests of the people,
with little friction possible. All interests
will be consulted and respected whore they do
not conflict with the interests OF the state Ii ia
hoped that everywhere the people OF all classes
will give this important matter some attention,
and give expression TO their views, so that the
commission viii not be entirely dependent upon
its own resources or upon the representations OF
the agents of private and corporate interests for
information"
Mr.. W. ]. Rucker, of Port Gardner is at
the Snoqualmie.