The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-09-06
WATERWAY.
Contract for Excavating 1t in
Smiths Cove.
GOVERNOR TO HEAR OBJECTIONS
1t Only Lacks His Approvai-How H.
waco aud south Bend Reconciled
Tide Land Plats.

TT r Forrest commissioner OF public
lands for the state, mas let the contract
for the excavation Of Smiths cove water
way. the filing in OF the tide lands az
Smiths cove. and extending south 10 PIKE
street. TO W II Hayes and Frank Shay,
bur the contract does not become effec-
tive until il has been signed by the gov
ernor. Several OF the upland owners who
under the law have the pre-emptive right
20 purchase the tide lands involved in this
contract have requested Gov. McGraw TO
give them a hearing before approving the
contract: and he VIII be in the Chamber
OF Commerce in this city al p. m. on
Monday. September 9. 10 hear any objec-
tons that may he urged.
Smiths cove waterway starts just north
OF the Seattle Coal and Iron Company's
coal bunkers. and runs In a straight line
parallel with them 10 the meaader line
100 feet north OF the electric railway
power house. It's total length IS 400 feet.
The terms and conditions OF the contract
are precisely the same as those OF the con-
tract for the South canal, the maximum
rate for the work. including bulkheads.
being Is cents per cubic yard OF earth
filled.
Commissioner Forrest was in the city
last night. and in conversation with a rep
reSentative Of the F%pst-Intelllgencer ex-
pressed some establishment at the fact
that the city has not taken measures TO
guard against the sale OF some OF the tide
lands covered by streets OF whose exis-
tence he has had no proofs whatever fur
nished him
AT South Bend" he said. "a somewhat
similar state OF affairs existed. In exam
lining the maps, it was found that appli-
cations for the purchase OF tide lands
covered streets or extensions OF streets
laid out by the city. l served notice TO
show cause why the applications should
not be accepted or rejected. and every sin
gle case was amicahly and finally settled
by mutual concession on the part OF the
city and the purchaser. At Ilwaco the
same state Of things obtained. and each
case OF conflict was settled. with a single
exception. in which the Ilwaco railway
claimed right-of-way coincident with one
OF the streets established by the local
board. The city guarded its interests by
filing a protest with the board against the
sale Of this right-of-way to the railroad
company, furnishing the board at the
same time with proof Of the establishment
OF the street. Seattle might very well take
hint from what has been done in this in
stance.
You viii realize. OF course" he contin-
ued, my reasons for not wishing TO pre-
dict the outcome Of these conflicting tide
lands interests. While my own convictions
on the subject are perfectly clear. vet IN
any action which may be taken / am but
one OF board Of three. and il would be
unwlse and indicate in me to anticipate
the action OF my colleagues. even if
were able to do so. On two points how
ever, I feel perfectly free to express my
views First, no sales can he made until
the matter of the appeal from the ap-
pra'sal is finally disposed Of This is true
Tor the reason that the law allows the
parties having a preference right Of pur-
chase sixty days from the date of the fl
Ing of the final appraisal in which 10 ex-
ere.se such right. If the appeal from the
appraisal which is now pending in the
courts here is properly taken, and any
modification in the appraisal Is made, il
will extend the right of making appl!ca-
ton to purchase 10 sixty days from the
filing Of such modified appraisal
The second point. on which my mind
IS equally clear, is that if the city would
file a protest with the board against the
sale Of such Of the tide lands as may be
covered by streets OF its own plating. to-
gether with proof Of the establishment Of
those streets. such a step would bar the
sale OF the streets unless they should be
vacated by action Of the city council"