Ashby

The city of Juneau, appellee, brought this action against Oscar Ashby, appellant, .to condemn a property right in and to certain tide lands possessed and occupied by Ashby. The city wished to widen a public street, and to do so it became necessary to have a right of way over a portion of certain tide lands held, claimed, and .occupied by Ashby, so far as such lands abutted upon and extended into the proposed street. Prior to instituting proceedings in condemnation the city council passed' an ordinance providing for the establishing, opening, and widening of the street, and set forth therein the necessity of opening the same to accommodate traffic.

*435 Ashby demurred to the complaint upon the grounds, among others, that the city council had ño authority to enact the ordinance referred to, that there was no power in the city to condemn tide lands for street purposes, that it did not appear that any necessity existed for widening the street, and that the proposed use was not authorized by law. The demurrer was overruled. Ashby answered, and, after denying the passage of the ordinance referred to, admitted possession and ownership of the premises described in the complaint, but…