The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-05-18
Enter a Protest Against Extend
ing Waterway Co.'S. Contracts.
WANT BRIpoEs'oRDER VACATED
They Claim THAT the Canal Com
pany Has Failed TO Exercise Due
Diligence In Performance OF
work-AIIege That Under Present
Conditions Lands Are Tied Up
and Development Is Prohibited

Owners OF tide lands In Seattle yester-
day filed a vigorous protest with Lana
Commissioner Bridges against the extern
sion of time granted by the commissioner
to the Seattle & Lake Washington water
way Company for the excavation OF the
waterways in the harbor of Elliot bay ana
the filling in of the tide lands. II Is
claimed By the property owners that IN
granting an extension OF time on the con-
tracts between the waterway company
and the state, the land commissioner mas
perpetrated a wrong against the uae anu
owners and has In effect tied their prop
erty I'D for another term of four years. IN
conclusion the property owners have asked
Mr.. Bridges to grant them a hearing IN
the premises and to vacate his former
order and hold the waterway company
rigidly 70 the performance OF It's con-
tracts.
waterway company and It's appicatlon LOT
an extension of four years in when 10
fiji It's contracts with the state has been
aroused since the fact was published In the
Observation-Disclosures that the representatives
of the company and the a n commissioner
had reached an agreement by which WORK
was to be resumed. The move OF the prop
erty owners has. added interest 10 the
proposition. Among the men who are
most prominently Identified with the
move to prevent the extension OF time are
j. M. Frink. Nj. IL. Young. George Kin
near and otto Smith. These igned the
protest referred to.
Arguments of Petitioners.
The petition filed with Land commts-
sioner Bridges yesterday states in fun the
arguments OF the opponents OF the water
way company. After reciting the history
of the south canal project and the grant
ing OF contracts to fill in the tide lands TO
Eugene Semple and his associates, the Pc
titioners say.
"At length, some time in the latter part
of 1895 or the early part OF 1886, the Seattle
e. Lake Washington Waterway Company,
the assignee of contracts No. l and NO z
and the contractor designated in contracts
No. 3 and No. 4. began work The work
consisted In constructing a hulkhead, cx-
~cavating along the line OF the east water
way, so-called. and with the materials
exeavated from the east waterway nihng
In adjacent ~tidelands. THIS work was CON
tinued for about a year and a half, that Is,
until about the first OF June, 1897, when
all work of every kind was stopped. Not a
single foot of excavation has been made
or Il shoveiful Of earth thrown, or any
other Kind OF work done, by the Seattle &
Lake Washington Waterway Company, or
by any zone Tor It. from June, 1897. to the
present time. For three years. represent
Ing the most favorable period ever known
I'm the history of Seattle for the carrying
on of work of this character, the con-
structing company has done absolutely
nothing. Upon one of these contracts, to-
wilt. contract No. 2 no work OF any char
acter has ever been done from the date
of the signing OF the contract to the pres
ent time.
Your petitioners would further repre-
sent to the honorable commissioner that
the Seattle q Lake Washington Water
way Company has not only shown no dill
gence, but has exhibited the %grossest neg
iigeneo and indifference TO its obligations
under each and all ot these contracts.
And your petitioners would further rep
resent that, as they are Inf rned and be-
lieve, the Seattle a Lake Washington
Waterway Company. on or about the 7th
day of May. 1900, by misrepresentation to
the commissioner of public lands, where
they represented 20 the honorable com
miviioncs THAI they had been dillgent in
the performance OF the conditions Of each
of said contracts on their part tn be kept
and performed, induced the commissioners
10 grant an extension Of time for the
completion OF said contracts for the fur
tber period OF four years That the appli.
cation fur the extension OF the term or
these contracts was made OK parte and
without amy notice whatever 10 any rerson
or company Interested in the tidelauds
affected By said contracts.
AGAINST Public Interest.
"yoqr petitioners would further repre-
sent that an extension % time upon these
contracts would he greatly against tho
public interest and would work grea; in.
justice TO, and operate AS a fraud upon.
a iatge number Of persons aud companies
owning property and doing business up1n
the %ttdelauds covered by these contracts
For Three years and upward these con
tracts have heen a restraint aud an eln-
barEo upon tne, development OF business
not dare to buy tidelands and nIi them In
because With these contracts over him ~
might have to pay for the Slling In a sec
"Thn terms ~ the contracts are sxorht
fant and unreasonable. the price ailotyed