The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-11-30
ARGUING ON HARBOR AREAS.
Important Question on Trial Be-
fore Supreme Court.
TWO CLIENTS WANT ONE STRIP.
AID Peerless MiB Company to
Lease state Areas In Front oe
Their Prcperty-W. II. Trinas1e
newed Lease N~ur the New MIL.

Before the supreme court at Olympia q
question IS pending which Is Of vital I'M
portanee 10 The commerce and water front
industries Of Seattle and every city on f>u-
get sound. II involves the right Of up
land owners 10 lease the state strip OF har-
Dor AREA contiguous 10 their property. In
many cases N this city the upland owners
have failed TO apply for lease Of the
hareor strip. and others have stepped in
under the law and leased the same at
comparatively nominal figure. without
making improvements.
The case al point involves the right OF
the Kerry Lumber Company and the reer-
less Mill Company, both Seattle institutions.
10 lease from the state It's haraor area In
froat Of their properties at North Seattle.
The case was presented to the supreme
court few days ago on the application OK
w. L. Tr.mhle. of this city. for writ OF
mandate To the state board of land COM
ui.ssioners. directing that body 10 execute
lease of the harbor strip in front of the
Kerry MILL which has tusA been completed.
The dispute involves the Interpretation
Of the act Of the legislature empowering
the state land commission To lay out tho
haraor lines on Elliott bay. as well as
later act authorizing replat OF the harpor
boundaries. The land now occupied BY the
Kerry Lumber Company was formerly own.
ed by Watson G.. squire. No app,scc ton
was made IN behalf Of Mr.. Squire for =
property in question. Mi. Trimhle flied an
application over year ago for lease OK
the strip, and IL was granted by the state
board. The lease expired November l. and
Mr. Trimh!e applied for renewal under
the law,
In the meantime. the property had gone
into the possession of Mr. Kerry ana HIN
associates, who began the construction OF
a wharf and mill. Mr. Kerry. In behalf OF
his company. applied for lease OF the
strip, which was required TO give his COM
pany access 10 deep water.
MIR. kerry.s application fnterfcred with
that of Mr.. Trimble, according TO the plead.
ings In the case. The state hoard refused
To grant Mr.. Trimbie's application for =
renewal. and he took the matter into the
courts. applying through his attorneys for
n writ or mandate In the supreme court.
1t is claimed by the Kerry company that
should the state land commission grant
lease of the harbor strip In front OF It's
property, IL would make It's improvements
practically valneless. AT the same time.
that Mr., T.hnbls has not improved the
property. and that I'm any event he could
make no Use Of the lease OF deep water
strip of tide land. having no entrance or
egress from the shore.
A feature oi the case = the fact that be-
fore he retired from office, Secretary Of
War Algcr located pier-head line running
through Tic state harbor "trip on Elliott
bay and ting that strip IN two for the
greater part of It's distance. Under the rul-
ing Of the war department, improvements
outside the pier-head line, as located by
Gen, Alger. constitute an obstruction to
navigation. and are therefore Illegal.
IL Is claimed by Mr.. Trimble that under
the new law he IL not compelled 10 make
any improvements. and that he is entitled
utes. having fled In the original instance
upon the land.