The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-05-31

vate contract. providing for liens upon
tide and shore lands belonging to the
state, granting rights-of-way across lands
belonging to The state approved March .,
1893"
on May 4, 100, the Hon. Eugene Sem
pie, president Of the Seattle & Lake WASH
ington Waterway Company, filed in this
office a petition for an extension of time
TO October u, 1908, on their contracts num-
bered one, two, three and four. which
petition appears In fun on page of the
Post-Inteligencer of May p. 1900. At the
time OF the fling of said petition, as COM
missioner of Pacific lands notified Hon.
taken upon his petition until the return of
the Hon. Thomas NJ. Vance, assistant at
torney general, who was then absent from
Olympia.
Consulted Attorney General.
Upon the return of the assistant attor-
ney general referred the petition to him
and on May Z, received the following:
Olympia. May 7. 1900.
Hon. Robert Bridges, Commissioner of
Public Lands, Olympia. Wash. Dear Sir:
] have your inquiry as to the construc-
ton to be given to an act concerning the
excavation of waterways by private con-
tracts, approved March 9, 1893 Your in
quiry is directed solely to the question of
discretion In the extension of time for the
completion of contracts.
Section of the act is as follows:
And provided further, that said COM
missioner OF public lands, upon showing
of due diligence on the part Of the con-
tracing parties may grant an extension
OF the time for the beginning or compile
ton of said work.
There can be no question as to the dis
erection vested by this language. The
commissioner of public lands upon
showing OF due diligence. has the power
to extend the time for either the begin
the sole and only Judge of due diligence
and the only authority vested with this
discretion. Very respectfully yours.
THOMAS NJ. VANCE,
Assistant Attorney General.
Upon the hearing Of said petitioner. the
president of said waterway company in
troduced. in addition to oral testimony.
bankers OF Philadelphia to furnish means
necessary for the completion of this great
public work. On May I. after receiving
an opinion from the assistant attorney
general, | prepared and issued an order
extending said contracts to October 81
1904 upon condition that said company
would recommence operations within
ninety days from date of the order Fall
ure to recommence within said period
render tho extension void.
Petitions Received for Hearing.
On May ~. 1900. received a petition for
q hearing upon the application for am ex-
tension on the waterway contracts from
the Seattle Improvement Company.
through its attorneys. Burke, Shepard &
McGtIvra. / have also received petitions
Identical IN language and expression, evil
IDENTIFY all emanating from common
source. from J. NJ Frink. Washington
Iron Works Co: NJ. II. Young. Seattle
Dock Co. George Kinnear and NJ. ]. Dick
son and also Joint petition which APP
pears on page 10 Of the acknowledgements
OF May 49, 1900
In the petition appears the following
paragraph;
This contract; as wen as others Of q
similar nature hold by the same parties,
from the state OF Washington. is improW-
dent In its terms from the standpoint Of
the interests Of tn, state OF Washington.
The price allowed In the contract, namely.
10 cents per cubic yard ia excessive. be-
cause when to that sum Is added the Is
per cent for profit allowed under the
statute OF 1879. the price Is Is 80 cents per
yard, which Is at least 30 per cent more
than ouch work can be done for IN adj
dition to this. the rate Of interest fixed un-
der the statute of isas. namely $ per cent
In view of the low rate OF interest which
now everywhere prevails throughout the
country IL unreasonabiy high"
IL might now be inferred from his petit
tion that the Hon, J, NJ Frink represent
ing the people Of the state OF Washington
In the state senate. voted for the passig
OF an act In which his private and por-
sonal interest subordinated the desire for
public benefit
Int~rrogatc. Mr.. Frink.
Mr.. Frink says In his letter given above
that the tide lands lying east OF the eas 4
waterway and north OF the Lake Washing
ton waterway viii DO worth SIS ooo per acre
when filed, The approximate average cos,
10 mn in said land. under the terms OF
the Seattle and Lake Washington Water
way Company'S contract Is $4,000 per acre,
The price received by the state for the
tide lands I'm this district now owned by
the Hon j. NJ, Frink Is $70i - per acre
Taking these two items together would Il
not appear that the state and not the Hon.
J NJ Frink, purchaser OF tide lands With a
waterway lien clause attached. is In reality
paying the cost. not only OF the ConstruS-
ton Of the waterway. but also Of the IN
Ing in OF said lands?
Mr. Frink when you purchased tide lands
from the state were you not fully aware
OF the terms and conditions OF the con
tracts Of the Seattle adm Lake WASHINGTON
Waterway Company aud the existence 81
n lien by the state, under the provisions cf
an act OF the legislature, approved March
Q 1893 voted for by you "a state senator
" hen You wrote your letter given above
relative TO the prospective Nalue ~ tide
petition Ia the Hon. John Ii McGraw urg
Ing his oNcelency 20 approve the conirac $
with the waterway company, ana, as a
further manifestation OF your desire ~
have said waterway constructed, gave Noul
personal note FOR Sua a. subsidy q
said company 20 build said waterway were
YOU not fully aware that the act referred
70 carried With Il % provision empowertay
the commissioner Of public lands 10 extend
contracts entered into under the terms ana
provisions OF satd 9rt9 " yea ware %
the opinion at that time that this great
public Improvement was uf such inestni4-
BILE value 10 the commercial and business
interests or the state OF WashinEto ton. u
completed within A period % six wears a.
provided for originally In the contract Will
not the same enormous values attach 20 The
tide lands In the interest % the owners %
such tide lands at the expiration Of an
extension Of four years and Will not the
same inestimahlc values a. a public water
way In the interests Of commerce 10 the
people OF the state Of Washington. and IN
fact. to the people Of the United States.
still attAchs
According to Mfr Frinks estimate % the
tide lands when filled that portion lying
south OF the Lake Washington waterway
and east Of the puwamsh waterway.
would be worth $1,000 per acre The peh-
TONER Mr. George Kiupear. holds tide
lands I'm this district for which he raid the
state the MAGNIFICENT sum az S203 ~ per
acre. II is apparent that Mr. Kinnear IS
being robbed when he receives in return