The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-10-06
STREETS OVER TIDE LANDS.
City's Right Affirmed, as Against tho
Claim of Inpruvers.

Olympia, oct 5-Speciai.-T state
land commission today filed an opinion in
the matter of the application of the Iiwa-
co Railway & Navigation Company for
the purchase Of certain tract of land in
the plat Of Iiwaco tide lands. Pacific coun-
~. The only question presented by the
record is whether an impFover of tide
lands has superior rights 10 purchase un~
der the general laws over the right Of the
public 10 establish streets over and across
tide lands without reference TO the rights
OF improvers and without reference TO the
line of extension of existing streets within
the corporate limits. The opinion says:
The state became at the time Of It's ad-
mission the absolute owner IN fee OF al the
tide lands In the state, by Virtue of its
sovereignty. and the people IN their dec
laration of rights asserted unqualified ow-
nership in these lands subject only 10
vested rights. II is within the pow
er OF the legislature 10 grant TO muni-
cieal corporation any rights IN any. OF It's
public lands without reference 10 the fact
that they are not included within the cor
porate limits. I'm fact Il seems doubtful
whether the comprehension or the tide
lands within the corporate limits OF A city
or town would extend the authority OF the
municipality over them, IN the absence of
legislative recognition. Cities and towns.
like private parties. are privileged only
within the terms of the law. The intent
of the legislature must have been. there
fore, 10 preserve 20 the public means of ac-
cess TO the reserved area over and across
the tide lands without reference to the
subordinate privileges Of upland owners
or improvers otherwise whore the inprov-
ers had occupied all the tide lands IN front
of cities and towns without establishing
or recognizing streets or other ways. the
right Of the public to gain access TO tho
naVlgable waters of the reserved area
would he wholly cut of or subject 90 tho
rights OF private parties. The case
of the state ex rel Bartlett ~. Forrest
seems decisive Of the proposition that a
city or town can esta ablish streets over
tide lands. consulting only the convenience
Of commerce and navigation. and without
reference 10 the lines OF existing streets.
In that case street WAS established by
ordinance over the tide lands in front OF
the city Of Port Townsend. and u con-
tended that IL could not he considered n
an extension of a street on the ground that
the city had no right TO lay out street
no part Of which touched the upland. vet
the court held that the city was endowed
with such power and affirmed it's act. 10
therefore heing made manifest to the
board that competent authority did estab-
Iish street over the lands IN controversy
prior 10 the time the lands were offered
for sale hy the state We are bound to hold
that tho privileges Of the contestee are cut
or and subordinate 20 the rights of the
contestants Therefore let the applics-
tion OF the contestee be denied for the rea-
son that the lands described herein
lawful public highways within the juris-
dlction OF the town Of Tlwaco."