The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-03-23

Gov Rogers has vetoed one Dill winch
was intended 10 afford protection to bona
fde occupiers of tide lands. The measure
had been carefully prepared with view
10 carry out the evident intention OF prior
legislation and 10 incorporate in the law
decisions of the United States supreme
court and of the state supreme court Inc
mischieyous effect of the veto is SHOWN o!
the following interview with ex-Mayor
Moran:
81 notice by your report of the doings OF
Gov. Rogers that he has vetoed senate
bill No 1874, giving as his only reason that
IL was unconstitutional In that II at
tempted by law TO take properly ll S,la
one and give ii 10 another. As | was one
who was directly interested IN TINS meas
ure becoming a law | would ike 70 eA-
plain more fully than did the governor
the object of the bill.
1.-THE first legislature of this state en-
acted a law providing for the sale or
the tide lands belonging TO the state
which was In substance as follows:
1.-THE owner or owners OF any lands
abutting or fronting upon or bounded py
the shore of the Pacific ocean or OF any
bay harbor, sound, inlet lake or water
course shall have the right for sixty days
following the filing of the final appraisal
of the tide lands TO purchase all or any
part OF the tide lands in front or the
lands so owned; provided. that II valua-
BILE improvements in actual use Tor COM
merce trade or business have been made
upon said tide lands by any person, as
owners of said improvements shall nave
the exclusive right to purchase the iands
so improved for the period aforesaid
"As above shown, IL was the intention
of the legislature 10 give the first right
OF purchase 10 the bona fde tmprover OF
the lands; In other words, 10 encourage
and not destroy by law that which Gre
ates the wealth and prosperity OF this
state.
This law has been construed by our
supreme court in a case al Whatcom to
hot % fYpnrDERT
er had the right 10 purchase only those
lands actually covered by such improve
ments; for instance saw %, mil IL nl nl,
OF It's mill building but that IL could not
purchase that land which was absolutely
necessary for the conduct of Its bust
ness-namely, the boom ground for the
convenient stowage OF logs and In the
instance OF our own case, a snip yard
might have its building shed. but could
not have the vacant space 50 necessary
| i'm launching the vessel 20 deep water.
1T is reasonable 10 say that the true
intention OF the legislature was to allow
| the manufacturer the right 70 purchase
not only those lands actually covered by
the building but such additional lands
as were necessary to proper and con-
veuient use OF such improvements. Sen
| ate bin 194 VAS just such a measure and
nothing more. IL simply put the man
ufacturer in a position 10 purchase state
| lands from the state and out OF the reach
of a lot OF land-gTabbing spectators.
This bill, after being thoroughly dis
| eussesi in both branches OF the legisla-
| fure, passed the senate by a vote Of 2S In
| favor Of and against, and IN the house
, IS in favor OF and against. and was held
by the governor for killing untsl after the
! legislature had adjourned and We manu-
| fscturers were beyond Teiiaf.
/ Now. for a word as to the governor
orly objection 70 tbs meaSurs-that II
was Unconstitutional in that IL took
| from one person property and gave 10 an
/ other This is not a fact. The supreme
court Of the United States has said that
| these lands are the sole properly Of the
| state of Washington. The supreme court
/ OF this state has said that there IS TO
/ vested right or title with either the shore
| owEer or improver until the state %
! Washington has made a deed or contract
for sale OF these lands. No deed or con-
/ tract has passed on the lands covered by
/ serate bill ls4. All the cases are in con-
| test before the superior court excepting
| that Of the StetSou & Post NH Com
/ pany, which was decided by Judge Moore
/ about ten days ago. the decision being IN
| line with that OF the state supreme court in
/ the ThatcOru case a bove referred 20. IL was
/ a contest for the right 70 purchase their
boom ground. which they have used con-
tinuously for fwenty-thrse years. aud
/ without the relief given BY senate bin 1s4
I they viii be compelled 20 close their MILL
for a sawmilI cannot be operated wit bout
the means OF stcSing and getting TIE logs
into the min.
| The governor has upon an 'unconstitu-
| tfonar excuse, vetoed al 1get a measure
/ as was ever passed by a legislature.
J .J-uconstltutfonsIF What viii some
/ body inform me s. our supreme court for
| gests itself 20 my mind that there was
/ more the matter with the governors con-
[ Stftufton Than there Nae with that 81 sen
/ ate bill No Isl before he killed tt