The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-12-27

pleadings. The only question was whether
the railroad companies had the night
20 cross The street on the old grade. Complaint
had been made that they had threatened 70 iua-
.el or cut through the street Inc then cry az
Columbia was a public street. having been
graded, aad that the railroads threatened 10 dc.
stroy IT, After Judge Jacobs bad been eslled
arose, 30 he informed the COMMITTEES. IS 10
whether that was public street. There were
no evidences 10 show that il was a street either
by dedication, ordinance, or anything else ex-
eept By user, and IL had not been used suf'l-
etent length OF time by the public TO make It's
title safe 10 the public - street: The isct
Has shown by the ordinances OF the city
that portion Of that street. where the railroad
proposed % cross it, had never been made
street py any action OF the city council, but The
counsel for the city got IN such evidence as they
could by permission Of the court after they dis
covered the feet, 70 show that IL was street BY
user, and by informal dedication, as shown by
TeTrys plat OF that paTf of the city.
"As 4 lawyer, said the corporation counsel
81 have no hesitaucy In saying that there Is
great danger that the conrt--if not the superior
court, then the supreme court OF the state-Iaay
hold that the city has never declared that that
portion Of Columbia street was q pubic street
The case has been reinsfated, and II
the Judgment Of the court should be
plat, dedication, or act OF the council, the only
way We can show that street exists IS by user.
what induced me 10 act as did was To estop the
Columbia street was public street, and In the
stipulation they were estopped. / never
stipulated that the grade was only eight inches
higher than the old grade and there y no
statement of that kind in the stipulation
that ! signed. The resolution Of the board Of al
dermen was based on u u1isc0nception OF my
aesion The city council was the only body that
could establish grades. II the railroad attorneys
acted on the conception that the change of grade
was only eight inches, did not agree IN any
"a great deal has been said in the news
papers aud on the streets about the es-
t0ppal of the railroads, ard Dir Shepard,
1. hls recent interviews has h had. co as
ments are entirely OF a hcarsay and I'M
reliable character, such - no court would ac-
eecpf. Mr. shepard, who ID no friend OF mine,
himself informed the attorneys OF the railroad
ia open court that he did not want % introduce
any such evidence as that on such an issue"
Arguing in support OF his position, Judge
Jacobs said that be would subpoena the best law
yers to prove that he was correct. Ordinance
NO: 262, granting the famous "ram's horn"
rlght-of-way and the right to cross Columbia
repealed. Judge Jacobs said that there had been
no question In his mind TO the right OF the rail-
road to cross Columbia street. but that he had
maintained that they had to conform their
trucks to the grade OF the street The right to
grade and regrade the public street was con-
unuiug power with the city council, which
could change the grade OF street as 1t desired,
and II the railroad franchises were rendered
yalueless that was the railroads misfortune.
Inc corporation counsel referred 70 the as
serious made as 20 his condition at the time OF
the dismissal of the snit, aud declared before
God that for foTty-eight hours previous TO his
signing the stipulation, he had not tasted drop
OF any kind of liquor, and that after the stipu-
lation had been signed and the dismissal Of the
suit entered he had INDUCED in one
drink only, aud that was about teaspoonfui Of
gin. lie declared that he was 90 years OF age,
and detied anyone to say that he had ever been
seen under the influence of liquor. lie never
used abusive language toward anyone, and IL
come very hard TO him TO have received all of
the abuse that had been showered upon
ifisinuatons Of corruption. The case bad been
reinsfated and WIS again in court just as 10 was
before the stipalatioms were signed. 1t must
now be pushed for all there was In 1t, and If the
ultimate judgment should be that the city had
no street there he desired not 10 be blamed.
He said: II got in that stipulation all that the
been foolish for me TO have settled the case, be-
cause people can't see far enough ahead TO
realize advantages beyond the present II the
argue the case when il is called
up again, 1 am willing. 1t was an old
case that had been in court long time, and
when went into It's trial. only two days after
entering upon the duties Of my office. ! was
without any of the papers OF the case, and found
out that my predecessor was OF somewhere in
an Eastern city
At the conclusion OF Judge Jacobs remarks
he wns allowed, on motion Of Mr.. Kittinger, to
issue subpmnas for witnesses in his behalf and
bring them before the committee at the next
meeting.
Judge Jacobs again requested that charges be
made In writing
Mr. Korn stated that the indignation of the
public had been aroused by the action of the
railroad company Immediately after the filing
OF the stipuations and dismissal OF the suit,
and TINT be should like 70 know why the rail-
roads had been in such a rush and put their
tracks down across the street during the night
under cover Of darkness. Judge Jacobs arose again
and said that he desired to emphatically deny
the published interview, IN which 1t was stated
that be bad said 1.-THE council be damned. ! am
the corporation counsel" Ii any one believed
that he had made any such utterance as that
credited 10 him, he would thank him 10 make
the charge 80 that reputable witnesses could be
brought before the committee TO refutc the
charge and disproye IT,
Colonel J. G. iiaines stated that Judge Jacobs
had been in court all day. He had made an ar
gninent III the morning and returned in the aft
erfiooH ~ listen 10 arguments of the opposing
counsel. and made his closing argument for the
Colonel Haines, land during an Acquaintance
ot eleven years i have never seen Judge
Jacobs under the influence of liquor When
heard the allegations made against him could
not have been more surprised had 1t been as
serted that the judge, or any ono else present on
that occasion, was under the influence Of liquor.
In regard 70 the contention of the city that it
had the right 10 raise the grade of Columbia
street without condemnng the railroad
franchise, the railroad claimed that the city
could not SO change the grade AS 10 make the
coniended that cut OF thirty inches would be
necessary. and the city contended that the
change Of the grade was necessary in order to
permit loads To be hauled up Columbia street
70 Front street. II had been stated that the
railroad had abandoned its rightof-way in con-
sdeTation OF right-ofway along Railroad ave-
nue., but no such agreement had even been
made Both Judge Jacobs and Mr. SHEPARD
were new In the ease, and were not In possession
OF the information that Columbia street, or that
portion in dispute, WAS not a street. and Judge
Jacobs was allowed 10 bring In plea that il Was
a street by user, aud by informal dedication. as
shown on pists Of the city"
Colonel Baines then outlined briefly history
of the case, and said that the city had gained
everything by the signing OF the stipulation,
and that II was only after some hesitation that he
had signed ii, because he did not know but what
he had sacrificed his clients interest In ra
gard to the construction OF the tracks during
thc night Il was unavoidable, because the labor
at the landslide, and could not get at the work
Of building the track across Columbia street I'M
I'll after dark. Colonel Haines was on his way
home ,st., from a meeting Of the Bar
he noticed the men nj work. aud
went down 10 see what was going on. While he
Was there sonie police officers came down to
make arrests, and at Mr. Nadeaa's request he re-
mained on the ground for the purpose of tender
ing his advice and protecting the interests OF his
client
Referring again to the ease, Colonel Haiues
said that the city could only get sn injunction
20 compel the railroad 70 cross at the established
Gfsstlet anu II Was question II II could get that
much. The railroad had CONCEDED in the stipn-
laiion every thing that the city had asked for in
the suit
In response TO question from Mr. shipiev
Colonel Hatnes said that the railroad had bean
nShung the city on a thirty-inch increase
over the cid grade, and that when he
found out that there was only
difference OF eight inches, he could not see any
thing left 10 litigate over as il was easy enough
70 overcome that difference. Judge Iacobs pro-
Claimed az the time that he knew nothing of TIE
grade, and II tae stipulation the railroad had
agreed, COLONEL HaincS said, 70 cross at the e.
tShltshed grade OF Columbia stree.