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

lard Mills on Forbidden Territory.
The decision Of the supreme court in
denying the application of A. A. Denny for
writ Of mandanus to compel the state
harhor line commission TO lease TO him
certain portions OF the harbor area OF Sc
attle for the purpose of establishing
large fish cannery. is OF great Importance.
and it is claimed by Mr.. Denny's attorneys.
who represent Il large number of appll-
cants for such leases. that great injury TO
Seattle's commerce will unavoldably result
from the decision.
The court, in nmistakable terms states
that the harbor area can be leased only
for the erection upon It OF wharvcs and
docks. and that no manufacturing business
of any kind may be carried on In buildings
erected upon the area. The Seattle har-
Dor area Is a strip from 30 10 GOO feet wide
and about sixteen miles long, between
deep water and the line OF high tide and
upon Il are erected. and proposed to be
erected. many buildings used for manu-
featuring purposes. Owners OF tide lands
are given a preference right to lease this
harbor area in front OF their respective
holdings, and they regard Il almost a
death-blow to their interests that they shall
not be allowed TO use the area for other
than wharf or dock purposes. for II can be
readily seen that they are. in the nature OF
things compelled TO lease In order to pro-
IL
such egress the most valuable tide lands
would be of no moro value tnan uplands.
Mr. Denny applied TO lease lots and Q
and part OF lot T. In block 176 of Seattle
tide lands. and when the application was
rejected by the harbor line commissioners
he applied to the supreme court for the
writ of mandate. and filed an exhaustive
brief discussing the subject. showing that
the wharf frontage Of both Seattle and
Tacoma was many times larger than that
of any of the largo seaport cities of tho
world Liverpool excepted. that the wharves
and docks In all of the great cities wero
used for storage and manufacturing pur-
poses. where such was incidental 10
the purposes of commerce; and that the
state OF Washington should not be less
liberal In granting the use Of the harbor
areas for such purposes. 1t was not
claimed in the brief that the harbor area
should be used exclusively for manufacture
ing sites. but only where manufacturing
was carried on in connection with com-
merce and navigation.
The opinion Is written by Judge Reavis.
and Judges Dunbar. Anders and Gordon
concur. II reads as follows
The plaintiff applied to the board OF
state land commissioners to lease from
the state the harbor area In front OF cer-
tain tide lands OF the city OF Seattle owned
by him, for the purpose OF receiving ana
shipping ny rail- and water. fish and other
food products OF the water. curing and
canning cod salmon and other hsh and
water products. keeping and maintaining
q retail and wholesale fish market. han
ding fresh salt. cured and canned fish.
and the furnishing ice TO steamers and
other craft.
eThe board Of harbor line commissions
ers rejected the application OF plaintifri to
lease on two grounds:
''First-That the plaintiff a. a. Denny
must adjust or acquiesce in the adjust
ment OF tide lands purchased by him as
aforesaid 10 the rev plat thereof before
any lease VIII be granted him for the har.
bor area aforesaid or any part thereof.
''Second~That the use for which tho
plaintiff A. A. Denny desires To lease said
harDor area is not "A convenience or com.
rnerce or navigation, and the structure
which, according to said application. hs
contempiates placing on said harbor area
81 not wharf. dock other structure
within the meaning Of Sne constitution and
tide land laws of the state OF Washing
ton
"In view Of thls cause taken by the
court il - not necessary 10 disguss the
first ground OF the rejection Of the APP
plication Ia lease by the board Of harhoR
line commissioners.
Article Il. section ]. of the constitution
of the state relating 10 tide lands among
other things declares.
Nor email any of the area lying be-
tween any harbor itne and the llne Of or
dinary nigh tide. and within not less than
Nifty feet nor more than 50 feet Of such
harbor Hns, fas the commission shall de-
ternine} ra aola or granted by the state.
nor III rights % control the same reifr.
quiahed. but such area shall be forever re-
served for landings wnaryes. streets and
other eoDxa1IenSea OF navigation and
commerce
''As asserted by counsel for plaintiff. the
word 'eornnerce' is ore Of wide signif-
cance. ana in ite gneTal sense may mean
almost any tranaAetions or intercourse
Drtseen men. Bot the word has been Fe-
strieasa 30 tha courts according 10 fhs
context s. which the term bas been used.
Section oG article u OK the constitutions
Of the state declares:
e The legislature shall provide general