The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-07-10
HARBOR LINE PLANS.
Some of the Effects of Supreme
Court Decision.
AS TO THE OTHER SUITS.
scheme for improvements With Money
From Sale OF Tide Lands-BelI-
ingham Bay Work.

The decision of the state supreme court up
noioing the harbor line commission in the suits
carried on against il has excited much interest
all over the city. Ex-Governor Eugene Semple,
oil the commission, said yesterday: "The unani-
nous decision was, of course, what we ex-
pecteo The court practically sustains us on all
points. 1t holds, as do we, that the state, by
virtue OF It's inherent sovereignty, took, imme-
oiateiy upon its admission into the Union,
GEAR ana unincumbered title 10 the shores and
peos Oh all nayigable waters within its jurisdic-
ZION, with full power TO deal Herewith it
should please. If any structure or improve
ment De found thereon, the person in possession
OF the same must deal with the state from the
STANDPOINT of u trespasser. He has no legal
rights ana no technical equities. But he has
actual equities, the existence OF which has been
recognized during all OF the controversy. There
Is no doubt that public sentiment would oppose,
on good ground, the taking by the state without
compensation of improvements erected in good
faith. Those who have property on the tide
hats can ask for compensation, not for the land
itself, which never was theirs, BUTT what they
have built
"But the court recognizes the fact that as
grantees OF the state they receive their rights or
equities. The state is supreme and can use its
own for its own purposes. The authority of the
federal government in this matter is simply
supervisory.
1.-The commission meets on Friday at Olympia
ana VIII undoubtedly take steps to proceed
actively with the work. There are a number of
other cases against the commission pending in
the state court. As they are practically decided
oy this one, we take il that they will be dis
mlssed-though the legal details in the matter
Will undoubtedly occupy several days. One
case was brought up by Schwabacher Bros.
In the nfted States court. Az rule the federal
court follows the decisions of the courts of the
states In which it is located, though there is no
binding law. Accordingly, we assume that the
suit OF Schwabacher Bros. for a writ OF prohi-
bition, based on the same ground as the case
just decided, will de dismissed.
with these writs out of the way the commits
mission will be in position to file the maps
amended to conform to the changes in the city's
boundary. When the states reservation for
harbor strip is thus officially declared the tide
land commission can go to work appraising the
LANDS ana selling them with a clear title from
the state. Everybody in Seattle should wish to
have the lands bring as high price as possible,
for, according to q law passed by the last legis-
lature, three-fourths of the money from the sale
OF the lands in each harbor is to go to the i'm
provement of that particular harbor.
This money is to be expended under the di-
rection OF the harbor line commission. OF
course our plans for improvement are not yet
definite. The harbor strip is 600 feet wide. This
we agreed in our previous discussions would
give 200 feet on the inside for street with
tracks Tor all the railroads now on Railroad ay-
enue and others besides. At the outer edge OF
the avenue there can be a stone sea-wall leav-
ing 400 feet for slips and wharves. With the
large amount of money which the tide lands
will bring Seattle ought to be able to put in i'm
provements giving her one of the great harbors
If not the greatest in the world"
THE PLAINTIFFS SIDE.
Before the decision was announced by the su.
preme court it was commonly reported that the
wharf owners would carry the case to the United
States supreme court If the decision was against
them. Mr.. Thomas r. Shepard, who, with
Judge Thomas Burke and Colonel J. C. Haines,
represented those wharf owners who brought
the suits against the commission, said yester-
day. "What we shall do cannot be determined
until Colonel ]. c. Haines comes back from Gill
man and we hold a consultation with our
clients. ! think however, that the case has not
ended here"
CHAMBER OF COMMERCE.
The committee OF the Chamber of Commerce
appointed on Monday night to wait upon the
harbor line commission and urge that the Seat
tie lines be located with little delay posi-
bic, held meeting yesterday with Ex-Governor
Semple. T. NJ. Daulton, James K. Boutwell, and
F. NJ. Valid were present Mr.. Sempie explained
the commissions desire to await the decision of
the supreme court just given. He further said
would necessitate the extension of the harbor
lines up around Salmon and Shilhole bays. For
this the field work would require about a
month of time.
The committee urged that the lines be located
at once in the old part of the city, leaving the
new part until later. This request Mr.. Semple
promised to lay before the meeting OF the COM
mission today. He also added that the commits
sion was as anxious as the citizens to proceed
at once with the work in Seattle harbor and get
il finished
BELLIN6HAM BAY LINES.
Senator Frank II. Richards, of Whatcom, who
is q member of the harbor line commission, ar
rived al the Diller hotel yesterday on his way to
attend the meeting at Olympia today. To
PoST-lNTELLIGENCRR reporter he said: 1.-THE
decision OF the supreme court will, | hope, be
accepted as final in all the suits against the
commission. If it is, we shall be free to go on
with the Seattle harbor. The commission is
very anxious TO finish here.
"All the field work is done at Bellingham bay,
and the maps are being prepared rapidly as
possible"
6ETSA A,ssss@ >. .x.Sss szss--