Judge Langley Upholds County Road Law
A legal dispute over the A.A. Smith road on the shores of Lake Washington leads to a significant ruling on eminent domain and the constitutionality of Washington road construction.
The story, cleaned up
A cleaned-up reading of the newspaper page: spelling and layout repaired, one story lifted off a crowded page. It follows the original closely but it is not a transcription. The original page is below; read it if a detail matters.
The constitutionality of the road law of 1893 was confirmed, so far as King county is concerned, by Judge Langley in his decision regarding the A.A. Smith road contest. The decision is of great importance to all parties owning land damaged by the construction of county roads, as the damages awarded them in court will now be paid by the county auditor. The Smith road, as located, runs along the east shore of Lake Washington near Houghton, and through property owned by the contestant, William Cochrane, who filed a contest against it. Cochrane alleged that it was impracticable, of no public benefit, not properly petitioned for, and illegally located. He also questioned the constitutionality of the law for the reason that by its provisions, private property was taken for public use without due process of law. Judge Langley, however, ruled that the act of March 9, 1893, violates no limitation of the state constitution, holding the law valid.
“The court is not required to perform the office of guardian for the landowner and assert rights for him respecting which he manifests an entire indifference.”
This ruling highlights the early 20th-century tension between infrastructure expansion and individual property rights in a rapidly growing Seattle. Similar legal debates over the expansion of public thoroughfares and the 'takings' of private land continue to shape local civic arguments in Seattle today.
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