The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-03-06
ID|RECT loss TO TIE STATE
gFHECT o. THE
suPnEME COURT DECISION.

ATIarss Part Of he HasAss Area 81
he Ports Left 10 Desolation-
Csanerciai Enterprise Checked
osA large Reveaus Unavailable.
TIA late harbor area decision Ia the
6onny case is OF special Importance 10
U|estern Washington. The supposed tbus
~ tYuel interests OF Eastern and West
q Washington clash upon what IL the
upper tide land policy OF the state.
Ihe former holding the theory that the
- land or water front shou.d tin the os-
10nsibIe interests or commerce) be a source
= direct revenue 10 the state; the other
n(adine the theory that. subject to state
1vnsrshlp and control In the actual and
: - sheoreticAl interest Of commerce. tho
osre rapidly the general and diversified
Nhs.ness OF Warrington can be accommo-
.1lsed along the water front where land
sad water carriage and rail- and ship meet,
- more rapid VIII be the material de-
Voiopmenf OF our state.
Fhe S,imson or Ballard case decided the
r61ug Of harber lines before town could
} n b. prevented. and the Wilson case
Allowing held harbor lines once establish
= before a town could not be disestab-
!. BDooo WiiEouk amendment OK the conStltu-
uon.
srns effect OF this Denny case Is 10 de-
dnrs that none of the narbor rim in
mont Of any city or town can. be used for
~ private commercial purpose. That Is
. say. II John Doe, AUDITING owner.
5 ;ensa from the state the adjoining harbor
IN TO secure water access 10 and from
~ own land. factory. warehouse. cannery
q mill, he obtains no exclusive right to
10 use. Should he build upon this rim or
srsA any dock, wharf or other structure.
~ use OF such Improvement must be
tept public under such rules and such
rnsss Of wharfage. dockage or other tolls
= may be approved by the state board.
!, h act Of 1857. pages 255. 25S, Isl. which
ogtingulshes the last hope OF private COM
morcial enterprise upon hafbcr areas, and
which lays tho foundation for revenue
eaiy. appears to be fully sustained By this
6ocsIon.
The decision Is said TO be based upon
~ plain language OF the constitution.
1hs act Of 1897 purportlng TO accomplish
~ object OF the constitution. il on this
Doint exceedingly plain. But with all
inference and respect 10 the opinion of
t1s court. II may well admit OF serious
Cuestion whether the provisions OF Ar
t1cle XIV. OF the constitution are free from
6tubt as to their meaning. and could not
b this particular have rightly and rea-
oenabiy received wider or more liberal
Interpretation. The words "osher conven-
i1nces OF navigation and commerce and
1fher structures are In sense very
hfcad and general, 1t appears however.
me nayrowest possible construction was
gwen them. The court. content TO regard
1e language and sense OF the provisions
ocnsidsred as plain. scarcely refers 10 the
eGects and consequences Of the provisions
= 20 Interpreted, nor TO any necessity for
nor usefulness OF the favored construc-
uea.
Pom before the adoption OF the consti-
tution until the act OF 1897 probably no one
b the state ever anticipated the theory
u state ownership and control would be
pushed to such an extreme as 10 exclude
6om the water front or access 10 naviga-
W water any and all private or CONNER
al enterprises. always snd everywhere
carried on more advaatageously at the
water iine. la advance OF any necessity
nr the use OF such water front or area
o. public commerce.
The great object ana good of Article
/, ~. can be secured without this strict
Imitation OF use This object Is state
ownership and control This il attained
|. whether the commercial use be public or
rF.vate. Use IS mere detail: It nowise az
facts the power or property interests or
harhqr area Monopoly cannot exist SO
lsnE "a ownership and control belong to
me estate. Under the exercise Of this pow
.G or control through leases or otherwise,
pirate commercial uses could and must
af sny time yield TO thu paramount use OF
public or common commerce
AZ the law is now expounded. vast areas
must lie idle because trffie Of the area
VII for years TO come subserve all the
NJ tatft,
IRA 10 revenue win be derived IL IL
@oulc be leased frem the state, ia most
hssanees II would be to prevent annoying
hostile occupancy In front OF the abut-
uak owner. But very few men own
~ or likely 10 own land adj
ohing the areas are prepared or
cesirs 10 SO into the business OF
annx for public commerce. That Il
hrgely business by Itself Yet these
Ane owners. II permitted to use this area
connection with their business sub
nct to state control and the paramount
u9ht thereto. when necessary. OF public
eommsrce. would do 81 and pay the state
s1entai
What Is 10 he done with this waste har-
por reserve II cannot be leased for rrl-
"'e ard Is not needed for public COM
Seree IL used 81 all. i;s use is trespass.
Eke the situation on GrAys harbor, with
mere viii accommodate tie purely aener-
= commerce OF millions ~ people. Scare
mere than a fraction OF the Whole will
required for centuries hence Much
the water surface embraced n che re-
9Fses Is now and has been sinca terrsto~-
~ dnrs. utilized by mills for storing logs
e tnesr haofns. II those logs were not
mere nothing would ~. Yer this yaiua-
s.e u.s.. not being public. Is tresnass At
s.snepolis the reserves are laid On both
saes q the rsNeF' Opposite the town there
- single hahisation or structure q
'sw ktna- but this invtoiabfs reserve Is
.~ee iminovabie Sa far as man can no.y
.sfs'sa. the river viii cease 80 4aw b.afosa
, say SUBSTANTIAL part cf this reserve will
required Tor public cuFnv1erria1 r,sr-
ssses Tase me eaterprlsinw city q Al,ef-
II the mil plants ana aerese3ans
saas hoW overlap the rEyeS Are removed
sss' - IN 2ccapy this rim ~ their staase
an passing. g. may he saia several ab2.
ysrs have aJEgestea that thfs ar ~
- poFpeTuus - lease fav cash rs~.a1
$50 areas. which sn ms. Instances
nserl Wholly raVtsih'e water IS a
F4Fa -