The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-01-22

tended in the enactment Of 1899 to relieve
the lessee or some OF the burdens imposed
upon him under section So Of the law OF
1897. The rental In the latter act was re-
the obligation to improve was left
to the election Of the lessee. The
ute has been fully discussed by coun-
sci for both the relator and the respon-
dent, but In view of the question. OF the
validity Of the amendment contained In
the act OF 1899 II is not deemed necessary
to follow the discussion upon the construc-
ton Of the amendment. The act Of March,
1891 supra. Is complete law with re Ter
act of March IA, 1899, purports to be an
amendment of single section. SO, Of the
former act The amendment eonfers upon
the board power to cancel any lease for a
substantial breach by the lessee OF any OF
the conditions thereof The original sec
ton contains substantially the same pro-
vision, the language being, The commits,
sion shall have power to annul or cancel
any lease upon a breach of its conditions
by the lessee But the contention of the
power to cancel the lease for failure to Inn
prove according to Its terms was repeated.
Constitution IL Involved.
THE vital question for determination
Is. was the legislature authorized to re-
lieve the lessee from the obligation to i'm
prove the harbor area leased by him. Sec
ton l. article is, of the constitution. relat-
ing to harbors and tide waters, declares:
1.-THE state shall never give, sell or lease
ISOLATION any rights whatever In. the waters
beyond such harbor line, nor shall any OF
the area lying between any harbor line
and the line of ordinary high tide, and
within not less than fifty feet nor more
than 600 feet Of such harbor line las the
commission shall determine). be sold or
granted by the state, nor the rights to
area shall be forever reserved for landings.
wharves, streets. and other conveniences
of navigation and commerce.
Section 2 Of the same article declares
the manner In which the harbor area may
be improved, for the convenience of navi-
cation and commerce:
The legislature shall provide general
laws for the leasing of the right to build
and maintain wharves, docks and other
structures, upon the areas mentioned In
section Of this article, but no lease shall
be made for any term longer than thirty
years. or the legislature may provide, by
tanning upon such area wharves, docks
and other structures
1.-THE class and purpose of the improve
ments to be erected. mentioned in the
fined in state ex rel. Denny vs. Bridges,
10 Wash, "A. The control, perpetually. Of
the harbor area by the state Is made plain
provide BY general laws for the building
and maintaining of necessary structures
upon such area by the state, or 1t may by
general laws lease to individuals or cor
porations the right to build and maintain
wharves. docks and other structures there
on, but 1t is not authorized to relnouish
the control Of the improvement of the har-
her atea - ny nd sidual or corporation.
The only right the lessee can obtain Is to
make improvements for the use of which
he receives remuneration. There Is no
right given by the constitution to lease the
harbor area as such. or to control 50 much
of the area of navigable water as such,
but the right granted is to build and MAIN
tain wharves, docks and other structures,
under the regulation and control of the
state. The amendatory act of 1899 does not
impose upon the lessee the obligation to
improve the area leased hereunder, but on
the contrary 1t distinctly specifies that the
lessee may at his or its option, improve the
prevail of the board and to such extent as
such lessee shall elect If this provision
be valid, ii contains contract with the
state by which the lessee, under the terms
of the lease provided in the statute, may
hold a portion Of the harbor area for a
period of thirty years and beyond the pow
er of the state to improve or to have the
tract and by the rendition of merely NOM
inal rental the lessee may hold at his
pleasure the harbor area without improv-
ing it. This Is not in accord with the in
tent and manifest prescription of the con-
stitution.
1.-The vice of the amended section, in the
act of 1899, is that 1t vests the option and
lessee. private individual or corporation.
rather than resting it. as vested by the
constitution, in the state. The provisions
relative to improvements by the lessee, in
corporated in the amendatory act of 1899,
are therefore void. The writ Is denied"