The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-04-20
LAW POINTS DECIDED
Supreme Court Acts OH South
Canal Test Case.
ANOTHER CONDITION FULFILLED
All Points Decided I'm Favor OF the
Waterway Company - Only the
subsidy to BE Raised.


case brought TO secure a judicial interpre-
tation OF some points in the law under
which the Seattle * Lake Washington
Waterway Company has contracted
TO fill in the tide flats and ex-
cavata waterways and the South
canal. The securing OF this de-
cision fulfils another of the conditions
laid down by the 81. Louis capitalists for
furnishing the capital for the work. The
only condition now remaining TO he ful-
filed Is the subscription of the subsidy
of cocoon 10 the company. and actual
work will then begin within twenty days.
The following telegram tells oil the de-
cision:
OLYMPIA, April I9.-Special.-A decision
has heen rendered by thee supreme court
In the case of Frederick Schlopp. appel
liant versus w. T. Forrest. commissioner
OF pubh, lands. and the Seattle * Lake
Washington Waterway Company, re-
spondents. The plaintiff applied 20 the
superior court OF King county for re-
straining order 10 prevent the company
from Reforming che work upon the tide
lands. and from trcspassing thereon, aid
10 restrain the co nmiss4oner or paoilc
lands from issuing certificates under the
contracts mentioned. and for decree
freeing said lands from the alleged CLOUD
caused by the execution and recording or
the contracts.
The restraining order was refused by
tho snDerior court OF King county ana
the plaintiff then appealed. the suit being
q test case 10 secure a decision on some
points OF law.
ON October. -. 1894. the state, by us an
tbortzea agent, che commissioner OF pun
IL lands with the approval OF the gov
ernor entered INTO a contract WITH Eu-
gen. SenpIe. In pursuance Of an act OF
the legislature OF 1888. which pFescrfbei
vavs in which waterways Tor uses OF
NAVIGATION may De excsvased oy pFlFafs
contracts. and providing for liens on the
tlIe and shore lands belonging TO the
stete granting rishts-of-way across srch
t,vaa Sor the exGava ton Of q waterway
fror, the deep waters OF Elliott bay 70
raka Washington. tina ma terial taken
.be-sgrora TO All in and raise above ek-
s~ene high tide the tide lands lying N
front az Seattle. $1,000
"a, Fehrrrary z. 1875. the state entered
49,, a ssAltional contract with the de-
ferdart company providing for the eTca-
Vasbon Of material from the waterway
,,,.,+so,,eH in the first contract. and NIL
inc in with this material other tide lands
nos embraced n the first contract Al
ra,,uivernente Of Law necessary 90 aAtaoF-
iza the execution az the contracts 49,
~cy,,rlssA with prior 90 she execution
tnaraof and The required bond n4o1-
1v1asa contracts were recorded In the o.
ere ~ the King county aHdiieF ~ VT
- rta~aoF the waterway company CLAIMS
q Ten ,r.an the tide lands The cpinfllls-
st,1er 81 public lands has adopted
-, %, certificate which ne proposes %
s.ltvar 20 the defendant upon completion
- - xrh,ls or a part % the Work. wr3ca
.s~tta.a.a hss osen approved ~ the at
,5rnav general I hese certificates. aen
,ies in the county AUDITORS once VII
.-o,sfltute lien on the lands II favor q
- 49, far the amount therein sreet-
a. ana IS per cent. additional WITH IN
ts-ast al 5 per cent ger anBum-
,Thts ast!on Vas brought 10 restrain the
defendant
sffian "a the facts already staten me
r,lasnsiF Is entitled. under the la~, 30
v,-efar-nes riEff os purchase. and tfaAi ne
saS legally applied TO purchase from Ne
state the tide lands Described N rs CUB
.,gsnf The Defendant corporation las
'..raraenercz4 vFoTk upon these lands an
vii al them according 20 the contract.
rsisinx them above higa tide. bat claim
s-w = ltes, thereon The commissioner,
ualess restrained b iAs, VII issue tAs