The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-04-18
TO BUY TIDE LANDS.
Many Applications for Pur-
chase in Seattle Harbor.
LITIGATION is IN PROSPECT.
Conflicting boundary Claims and OBJ
security of the Law VIII eanSe
Contests Points In Dispute

since the fling OF the pIats o. the
Seattle tide lands. numerous applications
for purchase have been aleG With the
state land commissioner for lands IL Sc
attic harbor and applications are sfih
being flied al rapid rate. bur the con-
ficting claims are so numerous as 10
threaten prolonged litigation. The last
report from Olympia was 90 the effect
that more than DC applications had been
made. and from present Indications X Il
safe 10 prophesy that the number WI De
largely Increased There are four forms
OF application as follows: BY the own
err of abutting RplaHdss BY those holding
and claiming by virtue OF conveyance
from the upland owner. by owners or
valuable improvements on the tide lands
in actual use for commerce, trade or bus
mess placed thereon prior 10 March >.
$50: BY owners OF artificial oyster beds
on tide lands. which are nor applicable %
fiEst-class lands among which those o.
Seattle hart,0r are included
The applications are principally OF the
fret three classes although there are nj
raerous claims on the basis Of proposed
oyster beds despite the restrictions In
the law, the total Number IL Elliott bay
reaching about 100. ali Of which possibly
may be presented 90 the commission. In
Consequence of the variety OF appIica-
lions. the different grounds OF claim and
the angular line bounding the upia nd,
the claims overlap many timeg IN some
cases the number OF applicants for sin
Eie piece of tide land being as high as
six. There Is no definite rule by which an
applicant can determine the exact bound
aries OF his claim.
The Law gives 10 the upland owner the
prior right after the improvers. 10 pgF-
chase the tide lands IN front OF and ahut-
ing on his shore ownership, but beyond
saying that the lines Of the government
survey shall be extended across the tide
lands. IL. does not provide any means Of
dsterminina how coterminous claims are
10 be divided. In other cases OF FIRST
olnss tide lands where there have been
conflicting claims. the land commissioners
have made All adjustment ty mutual con-
sent. Some applicants are extending lines
westward 10 the west waterway and
others eastward To The east wateray. The
actual channel OF the Duwamish river
which was recognized by the old harbor
line commission and the war department
as "A Havigabie channel. and which wossid
have afforded some means OF terminating
tho Iittoral rights OF shore owner. has
not been shown by the appraisers. Had
this been done II would have tended 10
simplify matters.
Owing to the absence of any 6irec-
zion In the law. at first IL was thought
that applications might be withheld un-
I'll the applicant could determine exactly
what he was entitled to: but the reverse
has taken place. Instead OF applicants
delaying. and being precise about hound
nry lines. disposition has been shown
10 claim everything In eight. or every
thing that the applicant might by re-
hottest possibility obtain. and the result
has been numerous applications for fan
shaped tracts, the increasing area always
favoring the applicant
On account OF the overlapping claims
IL h. predicted that litigation viii spring
M and that some of the titles viii be
held I'm court for many years The first
step In a contest viii he taken before the
state land commission. from which case
may go into the superior court and
thence 10 the supreme court.
IL IL said that the only solution of the
problem Is 20 grant ahuttinE upland own
ers frontage on deep water proportional
20 their original frontage. making the
question one for the surveyor This Is in
accordance with the well known rule OF
three" and has been made the basis of
an equitable division in Massachusetts
where the problem OF the tide lands was
long a bone of contention and has been
made the subject OF exhaustive legal re-
search.
Owing 10 erroneous legal advice, aud In
spite or tho objections raised by the board
missioner OF public lands. the board Of
appraisers plated 20 the government
meander line In all eases They are now
engaged In making supplementary plats
covering the area between high tide and
the government meauder line Tbis they
hope 70 file before they so out Of office
on May /. The appraisers are also
completing synopsis Of tho an
praisement az the Seattle tide lands.
which viii be ready for the public I'm a
few days
I'm examining the plat n few DAYS ago
G. NJ Anderson discovered that the uro-
5cctrd section line on sheet - is one
fourth OF mile north OF the point where
n rightly belongs. The mistake Is clearly
p clerical error hut Is liable 20 prove
misleading. Clerical errors In the ap-
praisement hook ara being discovered
every day also.
draughtsman yesterday said that the
plats fled with the county auditor would
not tie permanent. because they had
been made In green Ink. instead Of black.
and that II was probable the work would
IN time have To be done over.