The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-07-31

srs 70 deal with The tide lands and water
vars. II il had no repeating clause ts
W,5sssd repeal former acts-'
III the position taken here should b
correct. il Is rmmaterias. since there - no
fas4i conflict betseeu the acts alluded 70.
Bsssh 10 that the act Of March u. lsA
gs@as sole and exclusive control OF al she
stsse lands 20 the state board Of land COM
msssionerS. and thesefore Ill acss which
insarfere with such sole and exclusive con-
sre- are repealed By implication. II this
POSITION IL correct, then large number OF
lag, r.: repssied: Here q. s snum ~ Hr
R-3sh appears 30 b that there can be no
d. ssded Jurisdiction. but Ill the laws
enumerated. and especially the laws Of
iszf, pages 373. 33o, 4fB and 40o, provide
fce divided Jurisdiction.
The Law os 1853. page 2fe, II almost sx-
ae:ly parallel enactment with the one
uasfer consideration. Here the county
commissioners Of any county can create
iisis upon state lands for their proportion
OF me costs Of drainage ditches- The liens
atksch 20 the lands in addition to the pur-
ckase price, and must be paid by parties
WAC take such lands afterwards.
The law Of is90, page 422. which pro.
visss for canal between Port Tovnsend
bag and OAK bay, provides for waterway
tissa organized for that purpose 70 exca-
vage the canal. Certain tide lands 70 be
Attracted are reserved from sale for the
purpose Of this canal. bat tho state 10 alb
sess4ed from all liability for the cost OF the
casai. This act - also parallel with the
of,e under consideration.
IN fact. nearly every Law yet passed on
th* subject Of tide, school or granted lands,
provides for divided jurisdiction and con-
templates the creating Of liens upon tide
laaets belonging 10 the state for the i'm
pvpvemens thereof. This constitutes she
g Eat state policy mentioned by the su-
pFeme court Of the state Of Washington in
IT, opinion in Yesler vs.. Board Of Harbor
L:ue Commissioners.
IN view Of the Law OF 1901 page 20. which
pTsscribes that statutes must be literally
cs,ssstrued. IL 10 difficult TO see any foothold
fca extremely technical objection"
i'ursher objections to the application Of
james S. Wintermutc for privilege 70
eseavats waterways In Commencement
bsa have been filed with Land Commits
sis;ser Forrest by Curtis VI. Johnson:
mFirst-The said Curtis N. Johnsons is
the owner. subject only to whatever rights
tbs state may have therein, and in posses
sion Of lots 9, 10. III, II, 13 and IL, block
7.:i9 also lots g. IL. IL, II, - and IA. block
5,GO, Tacoma Land Company's first addi-
titsa TO the city Of Tacoma. That said
JGs:nson 10 the owner Of . large manufact-
using establishment situated on the pro-
posed waterway on Commencement bay. a
resident and taxpayer.
Second THAI said establishment was
pia,ed on said premises long before Wash
ii.gton became state. and under the pres
elst Law he has preference right to pur-
ci,ase such real estate.
a'fhird-That q portion Of the proposed
waterway passes through premises occu-
psai by Johnson. and when constructed
W9ald destroy his property and improve
u+nts and he no benefit TO commerce.
a'fourth-That the construction Of the
proposed waterway would be injurious
T. commercial and private interests, and
tisat other waterways could DO projected
tEat would be less injurious.
fifth-That IL Is impoiitic to establish
any waterways In the said bay until har-
bos lines have been established under the
present laws Of the state.
s.Sixth-Thas the act of tho legislature
u1ier which J. s. Wintermute has filed 10
iF. conflict with the constitution of this
state; that it is an attempt 70 provide o
neaans whereby property and property
rights may be seized and taken
without due process Of law: that IL 10 m
AT 30 uncertain and indefinite that IL is
impossible TO give effect to the same; that
the act does not conform TO section 10,
Article - ~ OF the constitution.
''Seventh-That the act OF March o.
1sss3. under which Wintermute seeks to
e1sain . contract was repealed by act Of
March Is, 1895"