The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-05-20


cloud hanging over 1T.
what Is the Excuse:
LET us go into the work of the water
way company little and see what ex.
cuse there is for asking an extension OF
time rop -four has eane is
about 1000 feet at the mouth OF the east
waterway, extending from the pay IN IN
land, and a small amount along the
water front near Moran Bros. ana tne
Centennial mill. This was done for the
purpose of getting sand to fill in small
amount of land on contracts ana l..
The dredging on the east waterway was
about twenty-seven feet deep, but is now
absolutely useless. Some of the new land
has been washed away, and the channei Is
now mainly filled up in three years since
way company diverted the water from
the Duwamish river into the west water
way while eXcavating in the east water,
way was being done, the current wouId
not have washed the sand down ana rem
dered worthless the work done.
Besides this, the sides OF the iand
adjoining the work have caved in, ana
this is being stolen from owners on ac-
count of there being no bulkheads
There has been no work done on tne
west waterway at ALL L nave oeen IN
formed that a dredger was put IN there
for a few days some four or hve years
ago. probably TO make showing or COM
mencing work, but not a foot OF lana mas
been filed in on contract NO; :, nor mas
the company ever applied 70 me stale ios
certificates of filling on contract NO .
Yet after five years they claim an ex-
tension on a showing of due diligence.
on all the contracts they clain an
extension on a showing of due dingence,
whereas no work has been done on any
of them for over three years, and none at
all on contract 2.
THE effects of this four years extern
sion of time on these contracts Will pc
to leave in a very uncertain condition
the tide land property owned by indtvid-
uals or purchased from the state. In
fact. there is no assurance that these
lands will ever be filed in under the con-
tracts Yet they act as lien ana "a
cloud on the title to the lands.
when the company has shown IL ie hn-
able to fill in more than 100 acres year
OF nearby land is 1t not reasonable TO sup
pose IL will take an indefinite period 70
complete the work when greater pcrton
Is remote from where the sand IL taken
The new contracts simply mean that own
ers will be prevented for many years from
using or improving their lands.
where Is the Recourse!
"The company says: why, we have
900 bond up that we Will conpicLS g
work. The loss to many indlV1dual owners
will be double that amount so where Is the
recourse? The waterway company also
states that 1t will fill in at once the near
by lands and build bulkheads. THIS Is an
Injustice to the owners OF ne iana pa '.x
tension on what land it can fill in ana not
plaster up the whole tract and keep out
Industries OF one kind and another that
are now and will in the near future seek
a location in Seattle
THE whole thing sumed up amounts TO
this 1t allows the Seattle and Lake Wash
ington Waterway Company to speculate
on the future of Seattle, but gives the
tideland owners no opportunity to i'm
prove the land without having to pay twice
for It. The price at which the contract
is let is amazingly exoroitant. to say moth
ing of the unfair rate of interest added.
when the class of security Is taken Into
consideration
Judge Burke's Statement.
Judge Burke who Is also largely inter-
ested I'm the property included In the con-
tracts when asked his opinion on the eX-
tension, said
''In 1893 the legislature of the state OF
Washington passed an act, emitted An
act prescribing the ways in which WatGr-
ways for the uses of navigation may be
excavated by private contract, providing
for liens upon tide and shore lands be-
longing to the state, granting rights-ot,
way across lands belonging to the state.
This act will be found in the laws of ;S98
al, page "a. 600. S,. ,,,,,
under this statute, obtained from the STATE
two contracts, commonly known as con-
tract No l and contract No. 2. Unde,
these contracts the contractor was requir-
ed to excavate two waterways; one was
called the east waterway and the other
the canal waterway. The canal waterway
was TO be extended across the tide flats in
South Seattle to deep water In Lake
Washington The east waterway wa To
be eighty feet on the bottom and approx
imately of depth of thirty feet below
mean low water of Lake Washington. 4 ne
other waterway was to be $50 feet on the
bottom and approximately of depth OF
twenty-five feet below mean low water.
The contractor was bound besides. to build
suitable bulkheads. and to construct locks
of stone or wood and iron. or stone and
wood and iron, of sufficient capacity 20
pass vessels of 300 feet keel. seventy five
feet beam and twenty-five feet draft,
through the waterway from Elliott bay TO
Lake Washington.
''As compensation for this work, the con-
tractor was given Is cents per cubic ward
for the filling in of the tide lands belonging
to the state or to private citizens or cor
porations of the state, lying adjacent TO
the canal waterway, together with a Uron.
of Is per cent, making total of 1870 cents
per cubic yard. The contract required
made, to issue certificates bearing interest
at the rate of s per cent. per annum.
These certificates were to be payable in ten
years; the interest was PAYABLE annually.
These contracts were assigned to the Sea-
tie and Lake Washington Waterway Com
pany, and later on, In February and April
1895 the state entered into two additional
contracts with the Seattle and Lake Wash
ington Waterway Company. numbered
and g. relating to the filling In Of the tide
lands.
Very Little Work Done.
Under these centracts work was begun
in the fan of 1876 or fhe early part NJ
1896 and continued until June, 1891 when