The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1911-08-04
HARBOR BONDS HELD
TO Be VALID

SUPREME COURT GIVES PERMIS-
SION TO PROCEED WITH
LAKE CANAL.
Unanimous in Decision That Settles
Matter That Has Been Fought in
Courts For Many Years-Duwam-
ish River Project and Public
Wharves Also Upheld.
Olympia, July 29.-Seattle and
King County can now go ahead and
dig the Lake Washington canal, free
from interference by courts of this
state. The very last legal obstacle
standing as a barrier between the
advocates of the great waterway
linking Puget Sound with Lakes
Union and Washington was swept
away when the supreme court hand
ed down a decision unanimously af-
firming the decision of Judge King
Dykeman, of the superior court Of
King County, sustaining the harbor
bond issue of $1,75O,0O0s voted by
the people of King County at the
last general election. 80
In it's various ramifications, the
decision of the supreme court in
many respects is the most momen-
tous of record in this state. For
forty years pioneer residents of Sc
attic have dreamed of uniting the
waters of Puget Sound with those of
Lakes Union and Washington by
means of a great ship canal. Bar
riers in the form of adverse reports
by naval and army boards, court de-
cisions and injunctions, fairly lit
tered the pathway of the proponents
of the canal. For nearly twenty
years the great waterway has been a
political factor of influence not only
in Seattle and King County, but in
state politics.
The language of the supreme court
in sustaining the bond issued at
tackled by E. F. Blaine, Frank G..
Frink and others is so emphatic that
no chance remains, it is believed, for
further court interference with the
immense project. IS
The decision rendered unanimous
ly today by the states highest tri-
bunal sustains the legality Of. the
bond issue of $1,750,000, including
$75O.O00 for the canals $500, 900
for the Duwamish waterway, $4,000
for Cedar River diversion, water dis
trict No. 2, and $35O,000 for public
wharves, etc.
Contention of Blaine.
The principal contention of Mr..
Blaine was that in submitting the
bond proposition separate and dis
tinct enterprises were submitted en-
bloc, compelling the voters to ap-
prove or reject the isse as an entire
ty, and the election was therefore
invalid 1t was contended this case
should be governed by the decision
of the supreme court in another ac-
ton brought by Blaine, wherein a
bond issue en- bloc for purchase of
fire station sites, city stables, police
station, isolation hospital and other
objects was held invalid.
The court says that in this latter
case, there was clearly an illegal
submission, unrelated matters being
grouped so that voter could not
separate those he approved from
those he objected to. Reviewing the
geographical situation of Seattle, the
purpose of the authorities to expend
it's harbor facilities the court de-
clares, the propositions raised in this
particular case are different That
here all of the propositions are part
of .'the rounded project, which,
when completed, will practically belt
the city with navigable waters
Blaine's attorneys strongly con-
tended that the item for wharves
and docks, especially bore no rela-
ton to the other parts. The court
says, Suppose the matters had been
separately submitted and bonds for
that item had been authorized and
the others had failed to carry. The
hypothesis we think demonstrates
the fallacy of appellants contention.
''The larger -harbor would be in
complete If the public failed to pro-
vide aids for it's utilization Wharfs
and docks are but adjuncts of the
harbor.''
The decision says ''It is finally
urged that the 100000 is to be used
in aid of Commercial Waterway Dis
trict No. and the $4,000 in aid of
Commercial Waterway District No.
2 and that such purposes are not
authorized by the validating act
laws, 1911, page g."
The court points out that simply
because the commissioners are to
expend these sums "along lines
adopted by the waterway districts
does not make them "aid bonds"
The decision holds that the vote
authorizing the issuance of the
bonds complied with the provisions