CONSTITUTION 9 



HARBORS. ART. XV 



stitutions ; and no individual can claim any easement in .or impose any servitude 

 upon them without legislative consent : Eisenbach v. Hatfteld, 2 Wash. 236. 



The act of '54 (sec. 236, Laws, post) created no more than a license to the 

 riparian owner to extend wharves into navigable water, and as to lands within 

 a mile of cities and towns such license was revoked by this article : idem. 



This article is no more than a limitation upon the legislature, prohibiting 

 it from disposing of the sea or river bed beyond harbor lines, in front of cities 

 and towns : idem. 



The riparian owner has no such interest in the tide lands and tide waters 

 that the building by the state or its grantees of wharves and other structures 

 upon the shores of navigable waters will constitute a taking or damaging of pri- 

 vate property for public use : idem. 



The rights of the state are subject to the right of the United States to 

 regulate commerce : Harbor Commission v. State, 2 Wash. 530. 



And the United States is the only power to object to legislation of the state 

 opposed to that of Congress on the subject of navigation and harbor lines: idem; 

 Palmer v. Peterson, 56 Wash. 74. 



But the fact that the United States established its pierhead line beyond the 

 outer harbor line established by the state does not authorize the extension of 

 structures beyond the harbor line : Wilson v. Ore.-Wash. R. & N. Co., 71 Wash. 

 102. 



The word "cities" includes the word "towns" and harbor lines are to be laid 

 down in front of the latter : State ex rel. Stimson Mill Co. v. Harbor Line 

 Commissioners, 4 Wash. 6. 



Harbor lines once established shall not be vacated : Wilson v. State Land 

 Commissioners, 13 Wash. 65. 



ART. XV, SEC. 2, LEASE OF HARBOR AREAS. 



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 1 of this article, 

 but no lease shall be made for any term longer than thirty 

 years, or the Legislature may provide by general laws for the 

 building and maintaining upon such area, wharves, docks, and 

 other structures. 



Lease of harbor areas: Laws, sec. 147 et seq., post. 



Cited in 1 Wash. 46 ; 2 Wash. 250-260 ; 7 Wash. 152 ; 13 Wash. 68 ; 19 Wash. 

 47; 17 Wash. 655; 22 Wash. 101; 25 Wash. 223; 54 Wash. 533-541. 



See 2 Remington's Digest, p. 2406, sec. 91. 



"Other structures," as used herein, means "other conveniences of navigation 

 and commerce," as found in the preceding section : State ex rel. Denny v. 

 Bridges, 19 Wash. 44 ; State ex rel. Hulme v. Grays Harbor & P. S. R. Co., 54 

 Wash. 530. 



The state may build wharves and other conveniences or may lease such right 

 to individuals, whose right will be limited to the operation of improvements for 

 the convenience of navigation and commerce and to charge therefor under state 

 regulation : State ex rel. Trimble v. Bridges, 22 Wash. 98. 



Since the word "commerce" includes the word "navigation," as used in sec- 

 tion 1 of this article, a railroad, being a convenience of commerce, is within the 

 classification of structures for which harbor areas are reserved : State ex rel. 

 Hulme v. Grays Harb. & P. S. R. Co., 54 Wash. 530. 



