The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-02-28


structure sgon the arss mentioned IL.
section OF mss ar5fe8 10 lease shall
be made ~ l9ng than thirty
year. or s1glsI118sa gaas provide ~
general sF sne sas5sisE and l1air-
tanning 4eA ares ssAzsFes docks
,'cousss fF glg1ntlE cga.eEr ss4g thu
words nav l4aEsau ard COMMERCE 90 no
appear Ia ~ second section. 2na taat n
phrase ard osasF eonveuasDoss Of Gzyl-
cation and s3nsmsree appears Il shs 1Ts1
ssctioH hat The sscoEld session provides
for i4z FOR the leasing Of the right 70
bald an maintain whaExeS. decks and
other structures. and that the purpose FOR
which 'hAse ether structures are 10 be
used, o. taelr nature. Is not defined, and
also argue that navigation and commerce
mean one ard the same thing. and thai
eonIuerco Includes navlxa ton. ard that
the word 'ccpmerce' here - used In IT'S
broadest import thai the word naviga-
ton ans commerce are words Of enum-
srstien aDd nol those Of definition. and
thaS The o4rt called upon 80 aeflae their
rGeanina. ana suca definition should prop
cry bs naGe from consideration o. the
people and their wants at the time the
Constitute Was adopted.
1T IL Also argued that the reservation
Of narbor areas is very broad one. and
comparison i made between the haro0r
area In front Of the city Of Seattle and
that of other n0tsd ssnpoFigms OF the
world. The contention that navigation -
Included Within commerce. ard means the
ram thing cannot be maintained The
word navigation az used ia the FIRST sec
tlon Of the article Of the constitution quot
ed Is clearly used as qualification Of the
word commerce and the provisions for
maintaining upon the harbor area wharves.
docks and other structures by or through
the state refers TO structures which are
ounvenieuees Of navigation and commerce.
We think the language ar well as the sense
OF these two sections OF the constitution Is
plain and the ordinary rules OF statutory
and constitutional construction 1T this
sense. IL il plainly said In section that
the wharves docks and other structures
are those mentioned in section ]. Taen the
rule Of ejusdem generis IL plainly appliea-
bic here, and other structures must fall
within the genus 'convcniences Of naylgd-
ton and commerce
our constitution in its provisions relat-
Ing 10 harbor areas In front Of cities is IN
like that of any other state constitution
that has been Submitted 10 our attention.
Therefore II would probably be useless 10
attempt TO find authority 70 aid In the
construction OF our constitution. The state
of Washington at It's formation had before
A. THE experience OF the world in the regli-
iatlOn and control OF harbor areas. The
constitutional convention well knew tina:
private control Of these waters had always
been iniuical 10 free navigation and to the
Public interests The insidlous and plauzsi-
tie pretexts for the establishment of pri-
sate interests In such waters were also
well understood and however large the
hsrhor areas within the domain IF the
state. II was well known from the history
az the past and the tendencies OF the pres
ent that tho organization OF private inter
eats In combination would be sufficiently
powerful to perxade all these waters. A
very fair comment upon the import OF
shsse constitutional provisions Is found I'm
the report OF the Massachusetts, state board
on docks and terminal facilities. 1897. page
81 IN which II is said:
'..Alive 10 modern tendencies the state
Of Washington In her constitution, Article
Nv. declares that no water areas beyond
high water mark snail be sold or re,in-
quisaed by the state. but such areas shall
he forever reserved for landings. wharves
and streets and other convvniencers Of nav
igatlon and commerce. Subsequently a har-
her line commission established harhar
lines In the navlgable tide waters or the
state adjacent 10 the cities with "a view
10 providing for docks having length Of
Zoo feet and an avenue fronting thereon
OF from leo 20 20 feet wide
Thus the water front OF all the cities
In the state Is 10 be forever preserved In
uniform condition. under control OF the
public. In the interest OF economical and
convenient commercial usss secure from
the eucroachments OF individuals or corpo-
rations'
Curing and canning FISH maintaining a
retail and wholesale FISH market and the
storage of ice for packing and handling
fish are not 'eonveniences OF navigation
and commerce and maintaining establish
ments Of that character and structures
-.
structures mentioned tn the constitution
relating 20 this subject The act Of the
iegislfnre laws OF 1897 page ~ section
81. acrs ROT contemplate a lease FOR any
other purpose thsn thasn specified IN the
constitution, The act specially reserves 10
the state az Washington the right to reg
nlate. either under ruiss 81 the commits
sion OF Legislative enactment cr ny both
methods. the rates OF Wharfage doekaEe
ana other tolls - 30 inaGascd ~ the lesaee
Upon commerce Ter any ~ ihe purposes.
etc The writ - therefore denied"
+ +. blaine. 90 the former law firm ~
blaine & re Vrles. whlsh represented Mr..
Denny In the ease. says thar no thinks the
decision one az the most unjust and uu-
Warranted ever rendered by any court
" IS plain 80 me" he said. "thai &, Is
49,, rellt or the strong feeling tha. has
-, sGsstea in The eastern half 81 che
y she sale snd lease 81 the tide
,.,,,,. -, flor areas, The present state
,,,.,.s.,t-..-.1Nn has already diverted the
-. proceeds - the sale ~ tire
ga. - the general fund for the use
~ ~. state when q was plainly
o.,,,.,...,.,.. Is per ccnt. - such proceeds
sN.,..,s led 90 harhcr improvements.