Page:Portland, Oregon, its History and Builders volume 1.djvu/317

Rh This decision settled the titles to the lots that had been sold before the townsite owners had got any title themselves. But another set of lawsuits, founded on entirely different facts and legal principles, arose out of the public levee question—the strip of land between the shore line of the river and the east line of Front street. The people of Portland were firmly of the opinion that this strip of land was public property for the use of all the people, for the purposes of a levee or public landing just as it may be seen at such cities as Wheeling, West Virginia, Cincinnati, Ohio, and St. Louis, Missouri.

The matter was brought into court in 1850. In that year Mr. Lownsdale had a building erected upon the fractional block east of Front street, between the river and a lot owned by J. L. Parrish. The latter claimed that his free use of the river was impaired thereby, that the understanding in accordance with which he had purchased his lot was violated, and he therefore sued to have the obstruction removed. While the case was pending, a compromise was agreed upon that if Parrish would withdraw the suit, the river front from Washington to Main street should be dedicated as a public levee for the free use of the people. The fact that the proprietors made any such concession shows plainly that they recognized the popular idea as at least partially correct, and was an admission that they had given the people some right to suppose that they might use the river bank without rent or other payment. In this case, the matter was proposed to be settled the more willingly by the proprietors, because a vexatious lawsuit as to title of any considerable portion of the town tended to retard growth, and to derange business.

But the people of the city took no wise steps to secure their rights if they had any. The suit to remove obstructions was not withdrawn, and therefore Lownsdale was released from his part of the promise. The common council of Portland acted in a manner somewhat peculiar and contradictory. They either forgot that they had any rights to protect and secure for the city, or deemed these of little importance. In 1850, Lownsdale had had the city surveyed by one R. V. Short, and from this survey a map was made by John Brady. According to this map, Front street—then called Water street—was bounded on the east side by a line parallel with the western boundary, and the land on the river bank east of the street was laid off in lots and blocks, according to the meanderings of the river. In 1852, the common council seemed to consider it a good plan to adopt some map as an authoritative diagram of the city, and probably because the Brady map was most convenient, they declared it to be the correct plat of Portland. By this stroke they signed away whatever right they had to the levee. In 1860, however, another council revived the old matter, having discovered during the eight years intervening that the Brady map made no account of the levee, and they now declared that the river front was public property. A crusade was made against those who had put buildings upon the levee, and it was ordained that all such obstructions be removed. About this time, if report is not at fault, Mr. George W. Vaughn, one of Portland's early mayors and the proprietor of the Portland flouring mill, was ousted from his holding on the levee, by order of the council, and in disgust took up his residence for a time in the rival city of Vancouver. A wharf that was in process of construction according to the directions of J. P. O. Lownsdale, was proceeded against. His agents and builders were arrested, and it was threatened to tear down the structure.

After these vigorous measures, however, a great hubbub having been raised, the council changed its course, repealed its former declaration, and ordained that the levee was private property, and that taxes must be paid upon it. The suit brought by Mr. J. P. O. Lownsdale to enjoy the use and possession of his property was decided in his favor—the court finding that there was no proof that Lovejoy, Pettygrove, Chapman, Coffin or D. H. Lownsdale had ever given the levee to the public; that they had no power to give anything of this property before 1850, since there was no title before that date; that Lowns-