The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-07-31
STATE TIDE LANDS.
Eenple's Reply to xr. ". s.
Bush's Objections
More Psssssss Aeaanse shs ADpsssss'se
y. = WinssyDsts. 81 Tse~oas
- 1mprsvs 1SAs Las1a

Oryxpra, July 3a-fepecIai- l-AIludsns
20 the objections filed with the commits
ssonss Of public lands BY ". 3 Bush, OF
Seattle. against say one having contract
10 al, IN certain tide lands AZ Seattle BY
virtue Of the provisions Of the set OF March
3. 1886, In regard 70 waterways. and which
objections have bsen referred 20 the atsos-
nsy general by Land Commissioner For
rat. Ssmp.e q Hale, attorneys. neve
addressed the following suggestion 70 W..
G. Jones. the attorney general:
.sThc f5rse objection Of Mr. Bush y:
.ssB~cause the jurisdiction Of the harbor
line com mission. by the act OF March =.
14s0, was confined to the establishment OF
hsrbo? i5nes IN navigsbae waters Of she
heybors Of the state. and BY the oct OF the
came date their establishment Of water
wars Was conAped TO tide lands. when
ase defined 70 bs ''lands over which the TIDE
sbbs add flows. and which are bare q iow
sSde.n Hence no jurisdiction Was gwen
this board 20 locate waterway over lands
n the state devoted 10 school purpcess NOT
ever isnds of the stats owned BY prsyase
PERSONS. The proposed waterway. 20 which
eAiectians srs 10 be fled by July ID. 1893.
through sections 10 and II. south Ut Seat
sie. IL not authorixed by law !.
"Ths jurisdiction heretofore exercased
6y the state harbor line commission BE-
came obsolete when the commission e.
psred By operation Of Law on tho 18th OF
1anuosy la9s. and hence the law creating
ehs commission aad comforting q tufisdic-
tion upon IL can not affect any present
aAaif.
Jurisdiction 20 locate waterways across
tide lands and othe. lands exists in the
state and that jurisdiction by the law APP
proved March ., ixs3, was conferred upon
The commissioner Of public lands In the
absence If harbor line commission. This
jurisdiction. therefore, exists and may be
exerc1sed by the state hoard Of land conf
missioners. or the commissioner OF public
lands ~ the courts may decide.
"The location of q waterway ACROSS
lands belonging 70 the state VI Washing
ton, or to any citizen or corporation of
said state, 10 expressly authorized by the
net Of March 2. lSH The r,ghtotway.
however, is not carried with Il. except
where tho waterway runs through lands
belonging to the state A difference 10
recognised between tide and shore lands.
both in tho title and body Of the oct under
consideration. Tins II conspicuous in the
title and in sections I. o and . Of the body
Of the oct.
awe cannot find in the act approved
March IS, 1888, any fatal conflict with the
oct appfoved March 3. 1893. The power
vested in the land commissioner to make
contracts for excavation Of waterways
doss mot tnssrfsrs with the control Of tide
lsuds BY the state board Of land commits
sioners a. granted By the act Of March Il.
1873. That oct. In section 5, provides that
the state board of land commissioners
ehall have fuit supervision and con-
troll under tho law Of all granted
lands, .aad also ill tide lands and
harbor lines, areas and III other pub
lie lands 20 far - the same shall not
have bssn disposed OF and not appro-
lands. both upiands and shore lands. AZ
.1.ctsd BY the act al March 0, 1898. have
been disposed Of and appropriated to q
specific purpose. tQ-wit: The purpose Of
Improving the haSbofs Of the state. This
disposition and appropriation 10 in direct
lins with the policy Of the stats - ssinced
By ths laws In regard 70 harbor lines and
the ct Of March 10, 1891, appropriating IS
psr cent. Of the gross procseds Of sales OF
public tide lands Tor the benefit Of certain
cities.
There IVES divided Jurisdiction over
ali lands belonging TO the state between
the state land commissioner. the state
hoard Of equalization and appeal and the
local boards Of appraisers In the different
counties, provided for In the act OF March
Q. 1891. The Jurisdiction conferred by this
act on tho state land commissioner and
the local boards OF appraisers 10 not dis.
surbeG, but the jurisdiction Of the state
hoard Of equalization and appeals 10 trans
terred 10 the new asats b0s-d Of land COM
missiol,ers. In like manner the iurisdic-
,tion waited in the mmissioncr Of public
lands b.y tho act ot March q lsg3, 10 left
undistui bed. The state board Of land
commiss toner's has full control Of all state
lands 'un der the Law, l. O.. under all laws
then In force which II not consistent with
the Law approved March Is. isa3.
The second objection of Mr.. Bush 10 as
1oilows:
1.-The act of March o, 1896. IL In viola
tion Of the consultation in that IL provides
for the creation Of waterways outside OF
harbor limits and vests private parties
with the RICH Ia impose tolls on all water
craft passing through them. which sub
jecss are no, With in the title of the act
I'VE can find no prohibition, express or
implied, Ia the constitution of the estab-
lishment Of " ascrways anywhere Ii II
should be held that the grant OF the rign,
81 charge tolls wss Invalid because IL was
not mentioned in the title. the act would
only he nuitiied pro tante. The right To
construct the Locals ~ q necessary incident
to the right TO connect two bodies %.
water of different levels by a waterway.
and therefore need not Re mentioned in
the title.
objection is ~ fellows:
The acs OF March .. is9i. provides for
lending the lands al the state in effect N
private individuals. To AID them In viola.
lion of section i. article 8, OF the cons,i,u-
ten
In answer 10 tails, we DENY the fact. ara
as represented. The nc; of March 9. iss,3.
merely provides a way In which nuhi,e,
property may be improved. and those who
undertake the contract are only the srrn,
al the state for certain purposes The
waterways provided for are for puh,i.,
ways and free, excep: a. 10 IN.
locss. and they may be apnronr,
n,ct by repayment 81 their actual cos. IN
sae parties incurgiug me expense OF their
construction. Instead OF paying for the
Improvement q. It's lands and harhors or,
81 tho pa5slc treasury, into Whtch taxe.
flow. the state has provided a way for the
lands 10 hear The cost Of ;Aeir own ina.
rVovease-s.
"ln reference - objection I. clsirrln,
that 'khe Act violates thc coassstuti,, -
teysins taxes on purchasers os tide t,rs.
10 he raid by private parties. no asltnorIty
Is given the legislature 80 levy sweet Al a..
sessuasais fos state purposes, the su,w.y
again denies iae facts Tne acs .2.aE.xttr
the lands sa fesa as II has right "a a,
ssnee the title - clearly ia sae stale a.
preferences Rights Of purchase ia lndtyi,iu.
als are not yslsssed or impaired hu, re-,
dercd vastly more valuable hy tAis as
The state has the right to make any sS,n.si
tsons u secs &c tor The sale oi II, lands
eud may change those condition
aay time prior to Actual sase ut such
lands. The act does ncs tevy ar Al.
tempt 80 levy any tax or assessment. ss,
merely ases the terms rraa which cer,ai,
state lands remaining nnsoid AZ the data
81 the enartmens can t~ acquired by par
ehsssss- Tae laaa affected 6elaar, 10 :hs
state AMI can eniy Be acquired hy ias.ivi,s.
uaas ufSoa terms prescribed BY the state
tENssl tkaEae 90 liEne lhn rs.Lrrxrs.a &c "A.