, 1889-11-21

so many honest, well.mcaning people
who have false impressions about the
company's rights, and have received so
much misleading advice on thcssiibject.
" has been deemed advisable ternake n
complete statement ofth matter iR the
most public manner, In the hope of In.
ducing them to respect those rights, or,
at least, for the purpose of putting. tsem
upon fair inquiry to find out the truth
for themselves. 1t has been found Inn
possible to meet with all of these people
and explain the matter personally.
This notice is also intended for tho in
spection of those who know the COM
pany's rights and will not respect them,
as well as those who were never known
to respect the rights of anybody. The
company's lands extend over an inn
menso scope of country; 1t has been
found almost impossible to carefully
watch every section and prevent the en-
crcachments of trespassers. 1t is pos
sible under these circumstances that
many have been allowed to remain upon
the lands of the company so long I'M
disturbed that their action has given
courage to Others who have followed
their example
This notice Is intended as reminder
to every one that, in the future, the COM
pany proposes to resort to every remedy
known to the law, and every method
recognized in the protection of the rights
OF property to prevent and punish tres
passes upon its property. Its property
must be dealt with by all the same as
the property of individuals. No citizen
of Spokane carries around his title deeds
to show them to every irresponsible per-
premises. The company, in the protec-
ton of its property, Is not required to do
any less than the individual citizen and
Will certainly undertake TO do as much
as he is authorized to do. ~
Another phase of the situation, Is one
which should receive the care fnl consid-
Grafton of all the citizens of Spokane, as
well as the city government.
The crowded condition of this squatter
district, without drainage or sewerage of
any kind, an almost entire absence of
thoroughfares of any kind, preventing
access with the properappliances in case
of lire, the presence of numerous cess
pools priyies without vaults or oxcava-
tions, and the consequent niiasmatic and
malarial influences which preyades tho
atmosphere are constant menace TO the
proper sanitary condition of the city and
q consequent source ofdanger TO life and
health.
The squatter town shacks are 40 40
Gated as to be the only portion of thecity
visible at short range to the eye of 4he
traveller passing through on the day
light trains. The first impression one
gets in passing through on a train Is
taken from view of Shantytown, and is
not a favorable one. ~ ''7- y 9N
large portion of the so-called dis
puted tract has bsen plated by the COM
pany and the plat filed several months
ago. The streets shown ON the plat are
dedicated to the city. Many Of these
streets are now occupied, SOME of them
their entire longth, by fssqnatters., The
city would greatly benefit not only the
company, but itself by grading and
clearing these streets. The most desir-
abe sites for residences are to be found
in this district. What would otherwise
be the most important residence portion
OF the city is now made the abode of
misery and disease. The close contact
dence portion of the city is a constant
source of depreciation in the valpe of
property and continual annoyance to
the owners. ~ ,E'F+
These squatters must rgnem Der that
the company is under obligations to place
its property in that tract in such a cQndi-
ton that if the Courts should. decree that
it had made contract for the sale Of it
to Mr.. Cowley and should convey him
the title accordinly, it could be turned
over to him as free from obstruction and
incumbrance as when it was contracted
for sale. IT, on the other hand, it is hold
that the company never agreed to dis
y,
must have it in condition to dispose of
to others, so that it shall. not be looked
upon in the light of an-obstructiunist to
the development of thecity. =, -,g
The duty. of the company, as that Of
every Individual, is to use its, property
that it will not become IL detrimonti or
nuisance to those occupying or owning
property adjoining. Ii the company
were willingly permitting these nrIisances
to increase upon its hands within the
city, it, would be,thol duty of the city;to
compel the company to take measures
TO prevent them from being further eX-
tended. 1t is no less the duty ofthe
city to assist the company in preventing
them, as long as the latter is opposed to
their further encroachment. The work
OF building progresses so rapidly, and
there are so many trespassers, that. the
ordinary slow processes of actions of
ejectment are no adequate remedy for
the grievance. The restraining process
of the court will not suffice, as the
shacks spring up in an hour, or IN q day.
The ordinary legal remedies Will be re-
sorted to, but those lawful methods
which any individual is authorized to
employ for the protection of his property
not tear down the houses as fast as they
are built, 100 will be employed, and as
many more as necessary They'will be
men not afraid of guns or pistols,
though they will not be armed with
either, but peaceable, law abiding men.
They will do their work regardless of'tha
fact that the armed mob of irresponsible
men may be led by policemen of the
city, whether such policemen are acting
under the authority of the. city or'not.
The law will be invoked in aid OF those
resisting the efforts Of the .trespassers,
and police officer at the head Of n mob
has no immunity from arrest, and in this
case will be subject to the same treat
ment as those acting with him. ,ses
Before the work OF preyention, was
commenced a written request was made
to the mayor, asking for a special detail
of one officer to be placed upon the
ground, whose duty it should he TO pre-
vent actual violence, but who should not
be in any way identified with the work
of either side. This request was denied.
The police officer who subsequently
headed the mob opposing the efforts to
prevent their further eiicroachmentsis
believed by the company to be acting on
his own responsibility and not by in
structions from the city government,
The company in this public way asks
the cooperation of the city authorities,
and of all good citizens concerned in the
welfare of the city.l lfthey do not lend
their aid, they must behold responsible
for the results of their failure to do so.
THE NORTHERN PACIFIC RAIL-
ROAD COMPANY. ...,.
BY JOHN II. MITcHELL,.
r.a Assistant Counsel,