The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-12-27
CASE TO BE TRIED ON IT'S MERITS
Public Sentiment Forces the Matter
Back Into the Courts.
Council Committee Commences InvestI-
Cation of Corporation Counsel's
Pcculiar Action-Associats Counsel
shepard Shows Weakness Of Judge
Jacobs Defcnse-"The Council Be
Did, Am tho Corporation Counsel"

The rams horn right-of.way case has been re-
ltsfated In the superior court, and the unfor.
tunatc stipulation on December q By Corpora
ton Counsel Orange Jacobs on behalf OF the city
snd by Colonel J. c. Hasnes, attorney for the Co
1umbia d Puget Sound Railway Company, and
Netcaife, Turner q Burieigh, for the Northern
Pacific and Puget Sound shore Railway Com
panics, has been rendered nueatory by the action
Of the attorneys who signed IT.
Yesterday the attorneys OF the Northern Pa
cific and the Columbia & Puget Sound railways
concluded to relinquish the rights and advari-
tages given them by virtue Of the stipulation
6lcd in court last Monday dismissing the city's
Injunction suit against their companies, and at
$50 o'clock in the evening Attorneys J. C..
Hsincs, J. D. Mctcalfc and A. +. Burlesgh, &c
computed by Corporation Counsel Jacobs, APP
pcared in Judge Licitenberg's court, and Mr.
Bur eigh stated tlat after considering the mat
ter the attorneys representing the different in
tercsfs involved had decided to withdraw the
stipulation fled in court last Monday, and TO
hayc the city's injunction suit reinstased The
court suggested that Judge Jacobs file q motion
- have the cnse reinstafed
Judge Lchtenbefg said he thought the mo-
fiyes OF both sides Of the action were honest.
This case will be feinstated Just as II was left
on, said he, s'and the hearing viii be resumed
where II 90 abruptly ended. ] desire to say
esain that there Is not scintilla OF evidence of
any wrong motive ON the part Of the corporation
counsel In this matter"
Tho attorneys then drew up and signed the
following agreement:
STATE or WASHINGTON
COUNTY or KING, So
In the superior court.-city OF Seattle w. Col
umbia Puget sound Railway Company, North
crii Pacific and Puget sound Shore Railway
Companies.
The plaintiff, by Orange Jacobs, its attorney,
moves the court 10 yacatc the judgment of dis.
Iaissnl herein entered on the 22d day OF Decem.
Der, 1880, aud TO yacate and set aside the stipu-
htion for such dismissal for reasons orally aud
satisfactorily stated TO the court.
Dated December &c, 1890.
O. JACOBS
Corporation Counsel, Attorney for Plaintiff.
We consent that the court grant the above mo-
Won. J. G. HAIsgs.
Attorney for G. Il L. s. R'y Co.
MkTcALfE, TURNER q BURLErsH.
Attorneys for n. r. and r. &. s. R'y Co.'S.
The courts order was as follows: "Upon
reading and filing the foregoing motion and con-
sent II Is ordered that the judgment OF dismissal
and the stipulation upon which the same was
made, which was fled and entered herein ON the
IN uay Va ktttihDtf, Ic.R. De ana the same
hereby vacated and set aside, and said cause in
restored 10 and reinstated In this court and shall
proceed TO Judgment as II said proceedings for
dismissal had not been had; and upon the same
1f.nes and upon the same testimony and upon
hone ofhsT. ~
Dated December &c, 1890.
LfcHTEsBERG, Judge.
Colonel Haincs then asked TO have the case
transferred TO the United States court, but the
request was refused By Judge Lichtenberg on
the grounds that the case has already been
bcguns the testimony is In and the argument
nearly finished, aud that by transferring the
ease II would only put the city TO extra costs.
lie decided that 1t had better remain where
IFS.
Tho attorneys stated that they desired On
carly disposition of the case and thought they
could get a hearing In the federal court without
delay. Judge Lichtcnbcrg set the case for jan
nary 5. the earliest time he could give II. Then
The celebrated rani's horn right-of-way injunc-
ucn case was again docketcd.
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