The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-05-12

Land Commissioners Act on Important
Points Ira Ballard 49,.


Points Ira Ballard Case.
The hoard ~ STATE land cornr1 ss3n ers
tss reHr3ere< 8 lec8sfoa II favor = t3e
West C0ass Improvement Company - sts
contest of the asyTs3inaesoas far pgiTeaase 81
tie lard 81 ballard. nzasis 10 alfred g.
Pstea and numbered 80. 90. 80 ard -"
The DO kesos " tgach Is tts firNt % me kind
in regard 80 Ballard r. a. fos}ows.
'rT'ssis coTs-est Involves fhe determine 80
az the following gtaesr&ous. 1. g; il con-
sestse ar lfzproF - wf~rir she meaning q
rile tase lard az. Arb Z M. Is ne coz
teEtsnf eursale6 tu purchase MAJ part =
re ride land tn cor troVerpy trourfte1 ~
Shilshole avenue. re liEe ~ high tide be-
iDg within the lines ~ fbe strt-es2
''T'ne board t. ~ f1e oEsrgson ts1sf con-
tegfee Is n9t an turnover Of tide land wtfh-
IA ere ngeaul1g 81 the az ~ Mara p
1850 giving 8n5rroTerB = prior ri-Ef Of p9r-
chase II - true that. In the ease q Nc
Eenzie vs. W0oefsn Wash zts. the co1srt
SAIL 'that II nay Re THAT eale tide land
ect would support at application Of q "a y
mill owner for "a Tess sgFsaisie aFoUnd Tor
IlEnaoer yard AMI logging purposes, but Z
would certainly NOS Sustain a lessee IN
making agplicafion SINE inc moment IRE
lease should Terminate. she rs3B ground.
and the yard and loom ground. would
b. sepa rated and the beneficial use OF TIE
area conceded by the state 10 the utli
would be sost. AMI ehe purpose o. the
grant defeated but this language clearly
imports that the law does not include
boom ground as an Improvement Of an
independent character. hlFt. u a. All, only
a. an fgr-tieut 20 an existing Improvement
within the meaning % the law.
we seriously question. however. whe'h-
er The courts would. hold in any event.
were the matter Squaresy presented. that
any additional a rea for any purpose would
De granted This seems warranted IS the
language ~ the supreme ce.urt IN The case
Of Morse vs. o'CouueN. wash. III. and
iu the ease al the Globe MIL Company
W Belliugflam Bay Company, = Pac.
Rep. LIZ
THE cray remaining question involves
a construction of section 70. general stat
ufes.
'.T-hA contestant dedicated. on the 2ei
day Of March issa SaHshole avenue. in
the town Of Ballard. aS a street. The
statute cited provides that rhis dedication
has che effect Of q quit claim deed. and
contestee contends thar this vests the al
solute Zee Of the street in the ely; and.
therefore IN 80 far as the high water
hne bounding the land involved cuts into
Shnshole avenue. the preference right or
purchase is IA the city Of Ballard.
The statute provides that the dedica-
ton shall be considered 20 all intents and
purposes az a quit claim deed 10 the donee
for the purposes intended by the donor
Now. in the absence OF all proof or IN
iention. shall We hold TIA; the contestant
intended 20 part with the title 10 that part
AZ shflshoie avenue for any purpose other
than the usual one Of granting an IRE
yccable easement 10 the public tn and 20
me lands cornprehended within the hound
aries Of the street for the purpose OF pass
ing over it, That the fee Is not absolute
Is made certain by reference 10 section fol
fsf4Th HEsS
that In the event OF vacation. the lands
would revert 10 the owner of the abuttlne,
lots In other words. II the town of Bat
lard should abandon the street. II could
NOT sell II to an independent proprietor,
hut IL would become fpso facto the prop
erty OF the abus ting owner
..'rhen. again, the policy Of the state IN
dixposifg Of ats tide lands IS TO assist IN
thr ,,pbuiiding 81 It's business. trade ana
commerce. Towns and cities are nowhere
I'm the law suggested as possible owners
or purchasers of tide lands. The rights OF
the public are preserved In the mandatory
provisions Of the law prov ldinS that
Streets and boulevards shall tie laid OUT
over the tide lands and harbor areas pre-
served Beyond this the municipal coFpor-
atlons have no interest whatever. IL was
meyer Intended that they should become
sr,.erlafors in tide land or engage IN busf-
ness trade aud CommerCe. Ano 70 say
that be-.ausa town proprietor IN plat
ling hss townsite happened 10 run the
lines OF some OF the streets over on TIDE
land for the evident purpose or assisting
trade and commerce, had therefore cut
himself of from the exercise OF a prefer
once right given to upland owners, would
ne 10 violate the very spirit or the law
and would lead to endless confusion TOT
The authority ~ municipal corporations 70
t,ur-hasa and hold lands has been limited
5v The state to proper and necessary mu-
,,t.inai r,urnoses claws 1893 page i0f) and
"a hold that the upland owner was defeat
"a I'm his preference right OF purchaSe ny
reason Of the dedication. and that the
lands I'm controversy were not necessary or
uroper for municipal purposes. a TACT We
would have 20 determine before Allowing
the state 10 part with its title would
make the lands an obstruction Instead OF a
factor in the business aud commercial
DEVELOPMENT ~ the city OF Ballard.
we therefore find that contestant IS
entitled 70 purchase the land in cOntro-
,.erss, as an upland owner. except such as
NC 10 roroDrchentlcd within the hounda-
NOS Of ShNshole avenue n extended across
Tho tide lands As to this, contestant IS
ceionped 70 assert any claim or interest,
The secretary ~ The commission has
been instructed 20 give nottre that on
Juro To- 1S6. the supplemental plats IN
front or the city OF Ballard will 10 Med
for record With the commissioner OF pub
lie lands.