Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1888-03-17
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Tte city OF Tacoma 10 shout ready 10
90 forward silh the long contemplated
improvement of Fifteenth street. fif-
tsenth street 10 the only avenue south
Of tie railroad wharf BY which tbs city
csr resch tide water. ls has iona been
the purpose of sha city a. stated 10 ex.
tend tbs street to tide water aud there
build city wharf. To do thai u vii
be necessary 10 baiid q roadway down
tie euliey east Of Pacific avenue and 20
under the tseasle OF the Northern Paedae
Railroad. Thts would compel the rail-
road company 10 tear avay tee pilse @
which the road 10 bnils and 70 oaild
stone abutmeuta for . bridge % tako
their place. Aperaisers were appointed
long time ago TO fix the damages 10
the railroad company By snch . move
and tie award Of one dollar vas 70.
turned. The Railroad COMPANY q that
time through their attorneys. McNaueAt
and Mitchell. disi a motion 10 sestko
the proceedings from the Aie. That
molten has beon on top fog q lora time.
Mr.. Carroll. cisy att. rley soneluded
10 push the matter to argument q this
term OF court, the city being nov ready
TO proceed wisn ths Improvement. Tue
matter vas argued yesterday, Nj. Oar
roll for the city aud J. II. S,lchell, Jf.,
for the railroad e,mpsny. Tue latter's
argument covered tvo points. He held
in the ntst place that tbs city charter
under vhich the appsairess veze sp-
pointed was Unconstitutional because
the property owner had no voice 10 the
selection of said appraisers. He held
that this vas taking private property
for public use without due psocoaD Of
lav.
Mr.. Cerr II answer, d tais point By
quoting authorities TO the 4 q scs that
where s6e constitution o; state or ter
ritory said nothing upon the Point In H.
sue that the ao,s Of the legislature
formed good laws. Ia many stases
praisers in ssch cases muss be appoint
ed By . court Of record where the prop
erty owner could have an opportontty
cot 10 the Constitutional mother Of the
legislature and Therefore charter CON-
ing from that souce is the law.
The other point made by NJ. Mitchell
was that the city could not appropriate
contention in court. He held that how
ever the case might DO tried In the lower
court II would doubtless be appealed,
and that the property could NOS bs
taken until the hnal cocrt said 10 was
lawful to do 50.
Mr.. Carroll answered this BY arguing
that the city had the right 10 proceed at
once With she work under q favorable
decision from the district court. - 9TH
eFwise ali improvements might be hope
iessly stayed. II it could bs shown that
the city hsd not good reason for oon-
demni1g the propsrty or vas proceed
ing unlaWfully therein any court 10 the
territory would grant an injunction aud
stop the work. Bat this being shown
the work could 10 or, and the only q ues-
tien remaining was that OF dana gee.
This might be carried 40 far - need b
and settled at the utmost leisure Of the
parties, bat in the meantime the tm-
prevemsnt would be completed.
Judae Allyn. last evening, rendered
his decision sustaining the city In every
particular and dismissiuR the failroad's
motion. Nov all this 10 In itself o. Ia
the point at issue comparatively impos-
tant. The very great stress 10 be laid
upon 1t IL the fact that II 10 practically
araolra In advance the case Of Hanson,
which Il promised ia vieoroos language
by Mr.. Hanson. % reportsd In yester-
days Posr r-lNTxLLI0EncxB. Tho latter.
u will be remembered, declared that be
would stop the extension Of the road
for ave yeafs unless II vent behind the
mill. The decision Of Judge Allyn de-
elares that the road can 60 throuah %
once and that the only Qaestiou II, hoe
can IL be delayedf Il viii be ssen ihese-
fore that the railroads defeat 10 thia
case is really its gain.