The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-03-26

Federal Asveems Csurf Deefsiss Dis
ssissisg Northern PsetAs Iptsncs1sa.
The text Of the decision OF the supreme
court Of the United STATES. - rendered by
Jussscs Gray In the case Of the Northern
Pacific Railroad Company Ggsinss the bar
Dor line osnrission. has been receiSed IN
the city Altar stating she case Just1es
Gray Delivered the following opinion:
st may be admitted that the congress
Of the United states. while the present
state OF Warrington vas . territory, had
fhe power. In eharterinz . corporation 20
construct railroad from Lake Superior to
the Pacific coast, TO grant 20 the corpora
ton sGeh title or rights in lands below
bsgh-wztes mark OF the tide waters Of the
territory a. might De necessary or con-
vsnien: for the building. maintenance.
use and enjoyment OF such structures ss
might b required for commerce and trans
portailon on the railroad aud by sea, and
for transferring goods asd passengers be-
tween the railroad and ses-going vessels
fshiyeiy vs.. Bowiby. just decided; in ~
Sew York Central 4 Hudson River Rail-
ROAD, " y. Y. 2ss; In re staten Island
RAPID Transit Company, 1o3 y. Y. 25L)
ne more serious question whether the
grant Of congress 10 the Northern Pacific
Railroad Company OF the right to con-
struct railroad to the waters of Puget
sound can be construed as authorizing the
corporation 70 lay out its railroad for two
miles below high water mark, along the
shore OF harbor. 30 ~ to practically
monopoiizs the use of the waters Of the
hsrbor. and Of the lands under them. can
not properly be decided in this suit and
we express no opinion upon IL.
There can be no doubt that q state
may. BY its legislature or through board
OF narbor commissioners. establish for the
protection and beneh, of commerce. and
navigation harbor lines in navigabIe
waters, not inconsistent with any iegisla-
ton of congress. limiting the building Of
wharvss and other structures upon land
not already butt upon. Walker vs.. State
Harbor Commissioners. II Wall, 6as;
Weber vs.. Harbor Commissioners. Is
Wall, 81; Alice W. Packet Company,
81 Wall. 2s9. s93: Common wealth va
AIger, Cush. So; People VS..
New York and Staten Island
Ferry, IS n. Y. II; state vs. Sargent. IS
Conn. 35s Such harbor lines, in order to
fulfill their purpose, must be established
according TO general system. having in
view not only the convenience OF ap-
proaeh to the water from the shore. bot
the effect Of the daily ebb and dow of the
tide IN keeping clear or filling up the har-
Dor. The establishment of general harbor
lines OF itself takes or INJURIES no ones
property and cannot, consistently with
the interests of the public or with the
principles OF equity. be restrained by In
junction. IL the state Of Washington or
the city of Tacoma, or any public officer
or private individual, shall hereafter take
active measures. or bring suit, so as to in
jure or affect the supposed title or rights
Of the plaintiff. or its use and enjoyment
thereof, the dismissal of this bii will not
stand in the way OF full and fair trial Of
the title and rights claimed.
decree reversed and bill dismissed,
without prejudice.
''Mr. Justice Harlan and Mr.. Justice
Jackson were not present at the argument
and took no part in the decision Of the
case"