The Seattle Lawyer Who Argued Both Sides of the Tide-Land Question
Colonel J. C. Haines told one court that Washington could grant title to the Dr. Maynard tract and another that the United States cannot grant title to tide lands — leaving 360 acres of Seattle's waterfront frozen until the supreme court settles it.
A Seattle dispatch to the Spokane Review says: A curious and certainly embarrassing result of the recent decision is the position in which it places Colonel J. C. Haines. That military chieftain is attorney not only in the case in which he urged before the court that the United States could grant title to the Dr. Maynard tract, but also in the Baer vs. Moran case, in which he argued that the United States can not grant title to tide lands. The Baer vs. Moran case has appealed to the United States supreme court, and an appeal has been taken in the other case to the state supreme court. So one may confidently predict that while Colonel Haines will be making the fur fly from the cuticle of the other fellow in the Baer vs. Moran case, his time will be divided in an endeavor to keep the fur on his own skin safe.
There is an extraordinary lack of information among attorneys as to the real merits of the validity of the Valentine scrip filings. Every decision thus far has been against the scrip filings, but those who have carefully examined the law uniformly are of opinion that the United States supreme court will hold that filings on the tide lands are valid. Until the question is finally settled the title to about 360 acres of tide lands adjoining this city will remain so unsettled that, notwithstanding their value for business and manufacturing purposes, improvements will be discouraged, and in all probability completely blocked.
“Until the question is finally settled the title to about 360 acres of tide lands adjoining this city will remain so unsettled that... improvements will be discouraged, and in all probability completely blocked.”
Behind the joke about a lawyer arguing both sides lay the biggest question in young Seattle: who owned the mudflats that would become the waterfront, the railroad and the port? The Baer v. Moran fight over tide lands ran to the U.S. Supreme Court and shaped the public-trust doctrine Washington still uses to decide what can be built on, over or sold off the shoreline. Every fill, pier and seawall on Elliott Bay sits on ground whose title was contested exactly this way.
From readers
No comments yet. If you know something about this story — a correction, a family memory, a source — it belongs here.