The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-08-05

osltion. I don't wasn't to tell the present or fhe
coming city council that in my opinion, in my
Judgment. as lawyer, that have investigated
that subject and that the city council has any
right or authority for the granting of any Of
these franchises.
OF conrse IL the location of that Railroad ave-
nue. was valid, think and am frank to say it.
al these franchises are valid. But don't nm
derssand me 70 say this % far as the
policy, the expediency of these things
concerned. II YOU ask my judg-
ment about it. have eIways considered
It most absurd and monsfrous thing that .
voting city was ever guilty OF doing. And just
as sure Is the years roll along there will come
time when these rights, these fran
cnises OF the city must be condemned.
This city 10 going TO be compelled
TO pay millions of dollars to get these obstruc-
tons to her commercial interests ont Of the
road. As I remarked the other day.
am proud OF the part / took In that
mater. know that that old story
is sometim quoted to my having said that
s'Esau old his birfh-right for mess OF potash
lLsushter.J It has been Published all over
the Union. But I never said anything
OF the kind But it illustrates the case.
Esau was hungry; he had been out hunting,
am somewhat of . hunter myself, and when he
came home wet and tired--and iuckless 1t may
be-the Cravings of hunger were terrific.
This is just the position Seattle was in, and
feeling this want, feeling the cravings Of hun
ger, was willing to yield everything else, and
ike Esaus all her magnificent biith-right for
mess OF pottage. 1t is just what many Q
young community is doing There was .
sort OF popular mob that a few years ago
met down here in the old Yesser pavilion aid ed
Dy railroad attorneys, and when got up to op-
pose the grant OF this magnificent franchise
which was to bind up the future CONNER
ciRl business interest of this city, that bowling
mob OF some 900 persons did not want to hear
me utter word. They were bound TO have the
snackies upon them: and this city has had the
shaekles OF railroad power bound upon them
pretty effectuaily. They will feel it in the
future. They are bound to feel it.
fon see this community was then in the posi-
ton that poor Esau wak II felt the necessity
for light, for greater and better facilities for
communicating with the outside world and il the
railroad company had asked for half the town
they would have got IL / have seen good
deal Of that kind of thing during my life
Railroad attorneys and railroad managers know
how to create this pressure and how to force
this pressure how to make young communi-
ties feel its pressing wants, SO as to
obey the pressure brought to bear upon them.
And the philosophy, the historic philosophy,
OF all this thing is that after they have
bound themselves with bonds, that are
then strengthened by constitutional provisions,
in few years thsy begin 10 feel the corroding
influences of their chains, and they near the
rid OF them. but the cool, calculat-
ing, far-reaching intelligence Of these
corporations has seen to it that
these bonds are SO strengthened that they never
can be broken or destroyed.
This was deal more than
intended to say, but what 1 intended to
say was just this: My position is, aud
want it fully understood that am not q can
didate for any Office. would vote to strike out
because / consider 1t dangerous I want it
written upon my tombstone a. the highest
honor, as the grandest and noblest act
j have ever done in my life. That
old Jacobs stood up against bowling mob in
to these corporations which are binding, which
are throttling the commercial interests OF this
city.
But 1t Is DONE it is done!
Judge Greene thought it ought to come
out. 1t neither confers right on the city
nor serves any other useful purpose. 1t
tends to throw discredit upon every men,
Der of the commission and upon vested
right ii there are any.
Mr.. Andrews did not understand why, if
the article was to go in, this section should
not go. This provides no more than any
other in the article. Mr.. Strive says if
the establishment of Railroad avenue was
valid it was binding. He questioned
whether the council had right to estab-
lish that highway, and this, notwithstand-
ing the opinion of an eminent railroad at
torney. This section aims at that very
thing. II the council had no right to es-
tabiish that highway there is no reason
why the city should not have the power to
repeal the franchise.
Judge Rochester said he would hate to
see this provision stricken out in the alb
sence of Judge Lewis, who was its author.
He made the point of order that the arti-
Gle had been passed.
Judge Greene said the charter had not
been passed.
The chair said he had desired to keep
the charter and all of its provisions in the
hands of the commission as long as the
members desired it. Continuing that pol
icy. he would override the point of order,
although it might not be strictly in accord
ance with parliamentary law.
The question was then put upon the
adoption of the section. The roll was called
and the section stricken out by the follow
ing vote:
Ayes-Andrews, Rochester.
Nays-Adair, Calligan, Collins, Dom
worth. Furth, Greene. Leary, Nixon,
Sheafe. Struve, Young, Jacobs.
JuQSS hOCueSbtI uiOVcu 10 stElK6 the
article out. but that was objected to.
Judge Greene then reported that the
committee on enrolment had employed a
copyist who had enrolled the charter. The
committee had revised it previously. and
had done it as faithfully as they could. 1t
had been only temporarily bound. He ten
dered the enrolled charter to the commits
sion.
The committee on enrolment spent some
time with members uron some minor dis
crepancies in provisions. Judge Rochester
suggested that as several interIineations
and erasures had been made the pages so
altered should be rewritten.
Judge Greene said he would ike to have
given a charter as perfectly finished as it
left the hands of the commission, but time
was an important consideration.
Judge Struve moved that all alterations
made in the enrolled copy be certified BY
the chairman and secretary.
Mr.. Furth supported the suggestion of
Judge Rochester He objected to present.
ing a mutilated document
Judge Rochester said the errors and
changes were probably not more than any
scrivener would make. He thought per.
haps schedule of alterations. as suggested
by Judge Struye. would meet the objection.
This opinion prevailed.
Judge Jacobs then signed the document
as chairman, and the other members fol-
lowed in alphabetical order. the charter be-
ing finally adopted on motion of Judge
Rochester.
In voting aye. he said there were some
provisions he did not approve. He pro-
noSed 10 trv 10 have a CITY council elected