The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1888-11-18
INSTRUCTED A TRACK.
A controversy About -Four Feet
Of Right-of-wsy.


A difference that recently arose be-
tween Mr.. ]. N. CcIman and 1he Seat
De. Lake Shore & Eastern Railroad
Company, regarding the right Of way
Of the company's road through the
colman wharf property. eliminated
Yesterday afternoon in an alteration
between forces in the employ OF the
wharf owner and the railroad CON-
many that, for little while, promised
10 develop serious results.
When Mr. Colmsn granted the rail-
road company the right OF way through
his premises. he gave them a tract 30
feet across and running the length of
the wharf, upon which 10 construct
the road. The tract was surveyed and
located BY the compaDy's engineers,
but the track. as constructed, was
diagonaIly across the right OF
vay. and at one end crosses
the boundary and takes MP
about four feet OF the wharf
on The outside. Desiring to construct
the cold storage warehouse mentioned
IN Yesterdays KxcRR.
Mr.. Colman, notified Mr.. w. X. Thor
nell. manager Of the road. to move his
track within the lines OF his right of
vay. This was not done. and yesfer-
day Mr.. Colman, in the course OF the
construction OF his building placed one
or two iisnbers of the foundation
across the track, upon what he con-
gidered his own property. Shortly
.sts s 4 force Of men understood
10 be acting under orders from the
NJ 80 "a
loaded with lumber towards the OBJ
struction, ran them against il and
knocked IL out of the way. This
rather extraordinary proceeding
attracted a large crowd OF specta- (.
tors. who watched the alterca-
lion that ensued with a great deal
OF interest. During the melee, a
workman OF Mr.. colman's, named
Peter Koistead. attempted to nail
plank across the track, and was
promptly arrested by an officer pres
ent. This ended the attempt of Mr.. |
colman's men 10 obstruct the track.
Mr.. Colman. IL may be stated, OBJ
ssrueted the track merely for the pur-
pose Of bringing the dispute about the
four feet to an issue. Upon the I'M
derstanding that this was his purpose.
the railroad company consented to
the release Of Kalstead, and will not
press any criminal charge against him,
at least for the present. ]
WHAT THE COMPANY SAYS.
The difficulty about the four feet,
the probability that the possession of
il will be hotly contested In the courts
and the rather decided measures taken
TO bring the controversy TO issue, have
excited an unusual degree Of interest
in the case. That the matter might
be presented fully to the public, re-
porter called last night at the Office OF
Burke Il Halter, legal advisers OF the
Seattle, Lake Shore Il Eastern, and OBJ
tanned the following statement from
Mr.. Halter:
"The Seattle. Lake Shore & Eastern
was granted its right OF way along the
water front, both BY the city and the
different property owners thereon.
Mr.. Colman gave us 30 feet, but de-
sired to construct the road himself
across his properly. He was allowed
to do so at our expense and with our
material. The road. as constructed
across Mr.. Colman's property, has
been operated now about year with
out objection. By reason OF the con-
struotion OF the road along the water
front, the value OF Mr.. Colman's prop
ertv has appreciated at least $4,000.
Mr.. Colman now alleges that he has
discovered that the road Is -four feet
of the right OF way and he ordered the
company to tear up their track. They
declined 10 do IT, whereupon he took n
gang OF men and began 20 construct
building across the track, at q time
when passenger train We about TO
run into its depot. and serious conse-
quences might have ensued. Acting
upon my advice, the obstruction was
removed by running cars against It,
Peter kulstead was arrested under
sec. SAL, p. SIS. OF the code, which
makes the obstruction of rail-
roads, or other roads, In
the manner he was pursuing,
:. o penitentiary offense. The United
States code also provides a severe pen
atty for ohstructing United States
mails. which kolstead was doing. We
consented to a temporary suspension
Of the prosecution Of koistcad upon
the assurance Of Mr.. Colman that the
timbers were placed across the track
because he desired 10 bring the differ
ences between himself and US 20 cul-
mination. and create grounds OF &C.
Gon. III the controversy Is to he set
tied by suit. We viii not press the ac-
ton against Kol>tead.
I'VE are ready ut any time TO dis
cuss the legal phase of the diff
ficulty with Mr.. Colman's attor-
neys; but we object 10 the forcihle OBJ
struction of our railway by Mr.. Col
man, and shall confine our attention
for the present 10 guarding our rights
In this particular We are not bother
ing ourselves about any other pro-
ceedings, but will await and be pre-
pared to meet whatever turn affairs
take"
Mr.. coiman has not as yet instituted
legal proceedings against the railroad.