10 CONSTITUTION 



ART. XV HARBORS. 



But a structure for the curing and canning of fish, conducting a wholesale 

 fish market, and manufacturing ice to supply steamboats is npt such a con- 

 venience : State ex rel. Denny v. Bridges, 19 Wash. 44. 



The fact that the United States established its pierhead line beyond the har- 

 bor line established by the state does not authorize the lessee of the harbor 

 area to extend his structures beyond the line laid down by the state : Wilson v. 

 Ore.-Wash. R. & N. Co., 71 Wash. 102. 



Subject to the approval of the Board of State Land Commissioners, the les- 

 see of harbor area may occupy the same to its full extent with structures of the 

 prescribed class, even if the flow of water be entirely excluded thereby : Wilson 

 v. Ore.-Wash. R. d N. Co., 71 Wash. 102. 



ART. XV, SEC. 3. STREETS OVER HARBOR AREAS. 



Municipal corporations shall have the right to extend their 

 streets over intervening tide lands to and across the area re- 

 served as herein provided. 



Statutory authority of cities: sec. 308 et seq., Laws, post; see note 

 to sec. 309 Laws, post. 



See two preceding sections and notes. 



Street extensions validated: sec. 314, Laws, post. 



Cited in 2 Wash. 250 ; 4 Wash. 9 ; 6 Wash. 334-387 ; 7 Wash. 152 ; 10 Wash. 

 462; 11 Wash. 231; 13 Wash. 67 ; 17 Wash. 658; 19 Wash. 429; 53 Wash. 220; 

 56 Wash. 660; 64 Wash. 315. 



See 2 Remington's Digest, p. 2405, sec. 88 ; 4 Remington's Digest, p. 873, 

 sec. 88. 



EXERCISE OF THE RIGHT: 



Even before the adoption of the present definition by statute (sees. 59 and 

 87, post) "intervening tide lands" extended from ordinary high water to the in- 

 ner harbor line, regardless of the location of the line of low tide : State ex rel. 

 McKenzle v. Forrest, 11 Wash. 227. 



The right of a city to extend its streets does not continue after the platting 

 of the tide lands : State ex rel. Gateert-Schwabacher Land Co. v. Bridges, 19 

 Wash. 428. 



Such streets must be extensions of existing upland streets : Seattle & Mont. 

 R. Co. v. State, 7 Wash. 150. 



And they must be projected in the same general direction and with the same 

 width : Ilwaco v. Ilwaco R. Co., 17 Wash. 652. 



But with the consent of the state, streets may be extended in any direction 

 over the harbor area : Chlopeck Fish Co. v. Seattle, 64 Wash. 316. 



"Municipal corporations," as used in this section, includes all cities and 

 towns having power to lay out streets : State ex rel. Stimson Mill Co. v. State 

 Harbor Line Commissioners, 4 Wash. 6 ; Wilson v. State Land Commissioners, 

 13 Wash. 65; State ex rel. Bartlett v. Forrest, 12 Wash. 483. 



A city may extend streets over tide lands and harbor areas beyond its cor- 

 porate limits : Tacoma v. Titlow, 53 Wash. 217. 



The extension of streets across harbor area and tide lands is independent of 

 sec. 273 et seq., Laws, post, providing for the establishment of waterways : 

 Chlopeck Fish Co. v. Seattle, 64 Wash. 315. 



The right to extend streets over tide lands is superior to an improver's right 

 to purchase : Col. & P. S. R. Co. v. Seattle, 6 Wash. 332 ; G7o6e Mill Co. v. 

 Bellingham etc. Co., 10 Wash. 458. 



Where a city recognizes a street by ordinance and is otherwise estopped to 

 deny its existence over tide lands, such location must be held to be a street 

 as to the public generally, and no private person can question the city's right 

 to establish it : idem. 



A street extended over tide lands by ordinance and recognized by the state 



