The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-03-08

tract TO fill in the tide lands recently pur-
chased by President Hill. and that if the
latter is allowed to prosecute his proposed
terminal dock improvements his own
rights ard profits under the contract will
be seriously impaired. Mr. Hill he al
ieges. bought the tide lands subject To
the contract, but is now proposing 10
render IL impossible for the plaintiff to
carry out his agreement with the state
and under its terms claims lien upon the
filled in lands for the expense Of the i'm
proyement
Hays Contract.
In his injunction complaint Hays sets
out fully the terms of hts contract which
is alleged to have been entered into at
Olympia August 3. 1t provided for the
excavation Of n waterway and the filling
IN of the tide lands at Smith cove and
further provided that Hays or his assigns
should. under the provisions OF special
act OF the legislature. have lien upon all
tide and shore lands belonging 10 the
state described n the contract which by
him or his assigns should be filed in and
raised above high tide. and that the state
should hold such tide and shore lands
subject 10 the operation OF the contract
pending its execution, and subject to the
ultimate lien Of Hays or his assigns for
the cost OF the Improvement at the rate of
not Ia exceed IL cents per cubic ward for
eaHh YARD o' earth moved, including The
cost of all hukheads and seawalls
Hays alleges that he is stiii the owner
and holder Of the contract and all rights
Hereunder. and has commenced and rros
ecuted the work of excavating and filling
within the time limited and i'm all RESPECTS
carried cur his agreement with the state
IN such manner 10 entitle him TO the
benefits OF the contract and 10 perpefrate
his lien upon the lands mentioned IN the
agreement.
Pushing the Work.
lie then proceeds 80 alIege that since the
execution 81 thss contract HiI has pur-
chased certain lands at Smith rov. which
are IN all respects subject to the lien Of
the contract. and liable 10 the MA, ntsY
for I he cost az filling. and which the plain
tif would I'm due course of time proceed
io iii and claim "a lien upou and in rom
Junction With The Seattle & Montana Raj
ROAD company and In violation Of the
plaintiff rights under the confracf cnsn.
inenreG THE construction OF a shin chan
nei lass feet long 80 feet wide and - feet
deep ~ Ia" tide. through the lands de-
scr.bTd- ana VIII. unless prevented by fhe
court. proceed To ercaVatss the channel
and thereby render It. impossible for ,ha
plaintiff t0 1911 the lands covered hs, ,b.
channel 81 ait ar te ilil the al Garaflf IA r,sls
without the construction Of a ts,athAe.s
500
long at an expense ~ a i4eS, "a fss9 ay,,
Ia the plaintiffs great and irrt.psrsb l..
damage
Mr. iii and Tire seattle 4 Montana
have Als0. pialnsl@ HAYS alleges, orr.
nsfnced Hing IN enS raising above h,ah
~" the r 1a}nflsT 81 TIE tlGe lands no,
e5t ~ tie snip channel intending thereby
- withdraw them from ire operation, ~
TN" plaintiffs contract and seurfv9n~ the
ffia 'n'1 ~ the profits - whleh he ! en-.
t.t+~es 0fsder the CONTRACT. Unless iha d.
fendanfs are restrained. the plasnffer con-
t1Bu~s. 'hey wsH gsf1'eei 10 e-err1n.es.. tA44r
Threatened exraF atIsn and SLING Thereby
compelling the Plaintiff 20 commit 4 arrars
az rs contract wlth the state ana r.fsaer
himself i.ssisse ssfAon his s-5.soo bond given
10 the stale Tor tire sai9Asai perforr,sarr..
90 = < contract
tfr~sdy Seriously Damsu~a
ln ceac'Gsian Hays alleges tAat ne has
slreatIy tsea damage tn are sglr~ = s-ss..,
Is las 2AsE~s anss wfgsi acts ~ fne defend
AF'fs ard demands 1Es3rnaens sxafrsf them
faT tast s2n8 ssa fer u perpetual N nss.,-
iAo1 against slaa2lar acls IN stas fssssf.
In ST Interview las; ss5ghs Attorney
Hays slated taas rs na2 no intention o.