Melville Fuller

“ The similar limitation upon the power of the general government, expressed in the fifth amendment, is to be read with the fourteenth amendment, prohibiting the states from depriving any person of property without due process of law, and from denying to any person within their jurisdiction the equal protection of the laws. The amendment undoubtedly forbids any arbitrary deprivation of life, liberty, or property, and secures equal protection to all under like circumstances in the enjoyment of their rights. ”

“ Section 7 of that act declares that it shall not be lawful to build any wharf, pier, dolphin, boom, dam, wier, breakwater, bulkhead, jetty, or structure of any kind outside of established harbor lines, or in any navigable waters of the United States where no harbor lines are or may be established, without the permission of the secretary of war, in any port, roadstead, haven, harbor, navigable river, or other waters of the United States, in such manner as shall obstruct or impair navigation, commerce, or anchorage in said waters ”

“ The harbor line is the line beyond which wharves and other structures cannot be extended, and a map is exhibited by counsel which shows an inner line, delineating the inner boundary of the strip referred to. This inner line, which is 600 feet distant from the harbor line, hap pens to cross the outer end of relator's wharf, but the harbor line is several hundred feet away.
By the sixteenth section of article 1 of the constitution of Washington no private property can be taken or damaged for public use without just compensation. ”